flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Sullins, 715 N.W.2d 242, 248 (Iowa 2006); Imagnu v. Wodajo, 85 Md. App. 208, 582 A.2d 590 (1990); Webster v. Webster, 271 Neb. 788, 716 N.W.2d 47, 52 (2006); Stiel v. Stiel, 348 S.W.3d 879, 885-86 (Tenn. Ct. App. 2011); Brockway v. Brockway, 921 P.2d 1104 (Wyo. 1996). 22 Hartley v. Hartley, 205 P.3d 342, 352 (Alaska 2009) (“We have consistently recognized that the superior court is in the best position to assess each party’s circumstances and to determine what division of property is most equitable.”); In re Marriage of Brown, 15 Cal. 3d 838, 126 Cal. Rptr. 633, 544 P.2d 561, 567 (1976); In re Marriage of Hunt, 909 P.2d 525, 538 (Colo. 1995) (“The method adopted may vary with the facts in each case.” (citations omitted)); Bender v. Bender, 258 Conn. 733, 785 A.2d 197, 216 (2001) (<HOLDING>); Forrester v. Forrester, 953 A.2d 175, 186 Options: A. holding that the method used to distribute retirement benefits was properly a matter within the trial courts discretion B. recognizing offset method C. holding it is within the trial courts discretion to choose on a casebycase basis the method although expressly rejecting the reserved jurisdiction method D. recognizing this method of submission E. recognizing this method

assistant: The best answer is C. holding it is within the trial courts discretion to choose on a casebycase basis the method although expressly rejecting the reserved jurisdiction method
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THE COMPANY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THIS WARRANT OR ANY TRANSACTION CONTEMPLATED HEREBY.

assistant: Governing Laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( c ) is not located in a country that is subject to a u.s. government embargo or that has been designated by the u.s. government as a `` terrorist supporting '' country ; and

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower will maintain, and cause each of its Subsidiaries to maintain, insurance coverage of a type reasonable and customary for companies of similar size and engaged in similar businesses and in amounts reasonably deemed by such Borrower to be adequate.

assistant: Insurances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Sci. Ctr. at Houston v. Babb, 646 S.W.2d 502, 506 (Tex.App.-Houston [1st Dist.] 1982, no writ). However, other cases have distinguished the holding in Babb, observing that the school catalog in that case contained an express statement allowing a student who began under the terms of a certain catalog to continue the program under that same catalog. See Southwell v. University of Incarnate Word, 974 S.W.2d 351, 355-56 (Tex.App.San Antonio 1998, pet. denied); Tobias v. University of Tex. at Arlington, 824 S.W.2d 201, 211 (Tex.App.-Fort Worth 1991, writ denied); Eiland, 764 S.W.2d at 838. However, where there is an express disclaimer negating any intent by the school to be bound by the terms of its catalog or handbook, no enforceable contract exists. See Southwell, 974 S.W.2d at 355-56 (<HOLDING>); Tobias, 824 S.W.2d at 211 (holding that where Options: A. holding public bodies may not be bound by contracts without evidence of the contract terms in the minutes B. holding that school bulletin did not create contract where it stated this bulletin is for informational purposes only the college reserves the right to change or alter any statement herein without prior notice signifying lack of intent by incarnate word to be bound by terms of bulletin C. holding federal court is not bound by terms of plea agreement between defendant and state authorities D. holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract E. holding that where catalog contained express notice that the provisions of this catalog are subject to change without notice and do not constitute an irrevocable contract between any student and the university of texas medical school at galveston no enforceable contract existed because express language negated any intent by school to be bound

assistant: The best answer is B. holding that school bulletin did not create contract where it stated this bulletin is for informational purposes only the college reserves the right to change or alter any statement herein without prior notice signifying lack of intent by incarnate word to be bound by terms of bulletin
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and each of the other Loan Documents (i) has been duly and validly executed and delivered by the Borrower, and (ii) constitutes, or will constitute, legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with its terms except to the extent enforceability thereof is limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally, and by general principles of equity.

assistant: Binding Effects
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Company nor any of its Subsidiaries is, or since January 1, 2013 has been, in violation of any applicable Law, except where such violation would not, individually or in the aggregate, reasonably be expected to have, or has not had, a material adverse effect on the Company’s and its Subsidiaries’ ability to operate in the ordinary course of business consistent with past practice. To the Knowledge of the Company as of the date of this Agreement, neither the Company nor any of its Subsidiaries is being investigated with respect to any applicable Law, or has received notice from any Governmental Entity inquiring about or asserting any violation of any applicable Law, or is or has been subject to any adverse inspection, examination, finding of deficiency, finding of noncompliance, penalty, fine, sanction, assessment, audit, request for corrective or remedial action, or other supervisory, compliance or enforcement action by any Governmental Entity, except for such of the foregoing as would not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the Company’s and its Subsidiaries’ ability to operate in the ordinary course of business consistent with past practice.

assistant: Compliance With Laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Ryan Lockwood’s instruction to Nicholson to “hold up” prior to Nicholson’s flight did not constitute a seizure. The majority further recognizes that the State does not dispute that Nicholson was seized pursuant to Tennessee constitutional standards when the officers pursued him yelling, “Stop, police.” Accordingly, the totality of the events and circumstances leading up to the officers’ pursuit of Nicholson and the directive, “Stop, police,” may be considered in determining whether reasonable suspicion existed. Detective Lockwood saw Nicholson in an area in which Detective Lockwood and other detectives in the intelligence division were conducting a previously planned investigation of gang activity. See Illinois v. Wardlow, 528 U.S. 119, 124, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000) (<HOLDING>); State v. Lawson, 929 S.W.2d 406, 408 Options: A. holding that the availability of the icrp is but one factor to be considered in determining undue hardship but it is not determinative B. holding that the hgn test may be considered as a factor in determining probable cause C. holding that passenger conduct can be a factor supporting reasonable suspicion D. holding that the areas propensity toward criminal activity is one factor to be considered in determining the existence of reasonable suspicion E. holding that nervous evasive behavior is a pertinent factor in determining reasonable suspicion

assistant: The best answer is D. holding that the areas propensity toward criminal activity is one factor to be considered in determining the existence of reasonable suspicion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: while acting in a fiduciary capacity. The Court explained: The federal courts are not in perfect agreement as to the requirements necessary to prove defalcation under § 523(a)(4). A review of the eases reveals that the courts generally agree that defalcation requires: i) a fiduciary relationship; 2) breach of that fiduciary relationship; and 3) a resulting loss. They often' differ, however, as to the nature of the fiduciary relationship necessary to trigger the defalcation provision of § 523(a)(4). Some federal courts construe the term “fiduciary capacity” found in the defalcation provision of § 523(a)(4) narrower than they construe the term “fiduciary relationship” as used in the legal professional generally. Fowler Bros. v. Young (In re Young), 91 F.3d 1367, 1372 (10th Cir.1996) (<HOLDING>); Clark v. Allen (In re Allen), 206 B.R. 602, Options: A. holding a duty of care without more insufficient to satisfy the fiduciary relationship element of 523a4 the federal courts adopting this narrow interpretation of fiduciary for purposes of the bankruptcy code gen erally hold that an express or technical trust is necessary to trigger the defalcation provision of 523a4 B. holding that the general meaning of fiduciary as a person representing confidence trust and good faith is far too broad for the purposes of bankruptcy law C. holding that a statutorilyimposed fiduciary obligation created an express trust fiduciary relationship for purposes of 523a4 D. holding general fiduciary duties of confidence trust loyalty and good faith insufficient to establish the necessary fiduciary relationship for purposes of 523a4 E. holding that an attorney is a fiduciary under section 523a4

assistant: The best answer is D. holding general fiduciary duties of confidence trust loyalty and good faith insufficient to establish the necessary fiduciary relationship for purposes of 523a4
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All issued and outstanding Capital Securities of each Loan Party and the Centene Plaza Subsidiary are duly authorized and validly issued, fully paid, non-assessable, and free and clear of all Liens, and such securities were issued in compliance with all applicable state and Federal Laws concerning the issuance of securities. Schedule 9.8 describes each Subsidiary of the Company and each Subsidiary of each Loan Party as of the Effective Date and identifies the ownership of each Subsidiary. As of the Effective Date, except as identified on Schedule 9.8 , the Company has no Subsidiaries that are not Wholly-Owned Subsidiaries. As of the Effective Date, except as identified on Schedule 9.8 1 , there are no pre-emptive or other outstanding rights, options, warrants, conversion rights or other similar agreements or understandings for the purchase or acquisition of any Capital Securities of any Loan Party.

assistant: Subsidiaries
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this Stock Agreement, Participant hereby agrees that if his or her employment with First Financial or a Subsidiary is terminated for any reason, voluntarily or involuntarily (other than due to retirement, death, or disability), whether by resignation or dismissal for cause or otherwise, during the Performance Period, the Award shall be forfeited and all related rights with respect to all shares of Stock that are subject to the Award shall be forfeited automatically as of the date of such termination of employment, and First Financial automatically will become the sole owner of such Stock as of such date.

assistant: Forfeitures
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1997))). However, most courts have interpreted “conduct” to refer to the defendant’s underlying conduct giving rise to the plaintiff-relator’s cause of action. See, e.g., United States ex rel. Bergman v. Abbot Labs., 995 F.Supp.2d 357, 380, No. 09-4264, 2014 WL 348583, at *17-18 (E.D.Pa. Jan. 30, 2014) (noting a ease “allowing claims under the Texas statute to proceed without intervention if filed after the date of the amendment, but only as they pertain to fraudulent conduct occurring after the date of amendment” and dismissing a plaintiff-relator’s TMFPA claims as “ap-plie[d] to allegedly fraudulent conduct that occurred before May 4, 2007” (citing United States ex rel. Streck v. Allergan, Inc., 894 F.Supp.2d 584, 604 (E.D.Pa.2012))); Streck, 894 F.Supp.2d at 604-05 (E.D.Pa.2012) (<HOLDING>); United States v. HCA Health Servs. of Options: A. holding that the 2007 amendments to the tmfpa allow a plaintiffrelator to proceed without the state only with regard to fraudulent acts that occurred after the effective date of the amendment B. holding that the commission on remand can set the effective date of a rate to be the effective date of the original commission activity C. holding that the date of discrimination is the date on which a decision not to hire a plaintiff becomes effective D. holding that wife could receive permanent total disability payments after the death of her husband where the husbands claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of his death even though husbands death occurred after the effective date of the 2008 statutory amendments as wifes status as a dependent was subject to determination as of the time of husbands injury E. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act

assistant: The best answer is A. holding that the 2007 amendments to the tmfpa allow a plaintiffrelator to proceed without the state only with regard to fraudulent acts that occurred after the effective date of the amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: notwithstanding the provisions of section 3 ( `` modification of these terms '' ) , if airbnb changes this section 19 ( `` dispute resolution and arbitration agreement '' ) after the date you last accepted these terms ( or accepted any subsequent changes to these terms ) , you may reject any such change by sending us written notice ( including by email ) within thirty ( 30 ) days of the date such change became effective , as indicated in the `` last updated '' date above or in the date of airbnb 's email to you notifying you of such change .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party acknowledges and agrees that (a) such Loan Party is truly and justly indebted to the Secured Parties for the Secured Obligations, without defense, counterclaim or offset of any kind, and such Loan Party ratifies and reaffirms the validity, enforceability and binding nature of such Secured Obligations, (b) such Loan Party has no claim, right or cause of action of any kind against any Secured Party, any of such Secured Party’s present or former Related Parties, or any of their respective successors and assigns, in connection with the Secured Obligations, the Credit Agreement and the other Loan Documents, or the transactions contemplated hereby or thereby and (c) each Secured Party has heretofore properly performed and satisfied in a timely manner all of its obligations under the Loan Documents. In consideration of the Administrative Agent’s and the Lenders’ willingness to enter into this Consent, each Loan Party hereby releases and forever discharges the Administrative Agent and each Lender and each of their respective Related Parties (all of the foregoing, collectively, the “ Lender Group ”), from any and all claims, counterclaims, demands, damages, debts, suits, liabilities, actions and causes of action of any nature whatsoever, including, without limitation, all claims, demands and causes of action for contribution and indemnity, whether arising at law or in equity, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, and whether or not heretofore asserted (all of the above, collectively, “ Claims ”), that existed, arose or occurred at any time on or before the date of this Consent, which any Loan Party may have or claim to have against any of the Lender Group in any way related to or connected with the Credit Agreement, the other Loan Documents, this Consent or the transactions contemplated hereby and thereby.

assistant: Releases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with a total of 8.3 grams of cocaine in them was consistent with both an intent to sell and with personal use. Id. at 631. We noted that the police did not find any money or drug paraphernalia on the defendant and there were “no other facts which would suggest an intent to sell.” Id. The packaging and weight of the drugs in this case is similar to that in Valentin, giving rise to similar conclusions about Alleyne’s intent. The state attempts to distinguish Valentin in two ways. First, there was no money found on Valentin, while Alleyne had $36 in his pocket and another $20 found in the paper bag with the marijuana. However, neither the amount of money found, nor the denominations of it were inconsistent with personal use. See Williams v. State, 569 So.2d 1376, 1377 (Fla. 2d DCA 1990) (<HOLDING>). Second, while the arresting officer in Options: A. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell B. holding no unfair prejudice from admission of conviction for possession of 50 to 200 pounds of marijuana with intent to distribute as evidence of intent to distribute cocaine C. holding that evidence was sufficient to sustain conviction of front seat passenger of possession with intent to distribute marijuana in paper bag in foot well of volkswagen on passengers side near gearshift in presence of marijuana smoke D. holding that evidence consisting of 10 pieces of cocaine marijuana rolling paper 72 and a weapon was not sufficient to prove intent to sell E. holding that there was sufficient evidence of intent to sell or deliver where the defendant was in possession of one large cocaine rock and eight smaller rocks

assistant: The best answer is D. holding that evidence consisting of 10 pieces of cocaine marijuana rolling paper 72 and a weapon was not sufficient to prove intent to sell
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: factfinder could determine that intentional discrimination occurred. Defendants contend that Plaintiffs generalized statistics are insufficient to support Plaintiffs claims of intentional discrimination. As the Supreme Court has noted, while statistical evidence may allow the District Court to “determine ... that the (racial) composition of defendant’s labor force is itself reflective of restrictive or exclusionary practices .... such general determinations, while helpful, may not be in and of themselves controlling as to an individualized hiring decision, particularly in the presence of an otherwise justifiable reason for refusing to hire.” McDonnell Douglas, 411 U.S. at 805 n. 19, 93 S.Ct. 1817 (internal quotation marks and citation omitted). In 59 F.2d 310, 330 (5th Cir.1977) (<HOLDING>). Further, even if Plaintiff had evidence of Options: A. holding plaintiffs had stated a claim for intentional discrimination under the ada and 504 B. holding that disparities in compensation were due to a number of permissible factors including seniority experience and performance C. holding that disparate impact analysis may be applied to subjective employment practices in employment discrimination actions D. recognizing that sjtatistical evidence is used to demonstrate how a particular employment practice causes a protected minority group to be under represented in a specific area of employment for example hiring or promotion and stating that the statistical analysis must show a disparity that is sufficiently substantial E. holding that plaintiffs evidence of statistical disparities in hiring promotion and compensation was sufficient to support claim of intentional discrimination where the employment decisions were based on completely subjective criteria

assistant: The best answer is E. holding that plaintiffs evidence of statistical disparities in hiring promotion and compensation was sufficient to support claim of intentional discrimination where the employment decisions were based on completely subjective criteria
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices or other communications by a participant to the Company under or in connection with this Plan shall be deemed to have been duly given when received in the form specified by the Company at the location, or by the person, designated by the Company for the receipt thereof.

assistant: Notices
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Bank may terminate your employment hereunder because of your incapacity due to physical or mental illness, causing your inability, on a full-time basis, to perform your essential job duties with or without a reasonable accommodation for the entire period of 90 consecutive days or for such shorter period the extension of which would present an undue hardship to the Bank (the “ Disability Period ”), to the extent permitted by law. Your employment will not be terminated pursuant to this provision until 30 days after your receipt of a Notice of Termination (which may be sent to you before or after the end of the Disability Period), following which you have not returned to the performance of your essential job duties with or without a reasonable accommodation on a full-time basis prior to the expiration of such 30 day period.

assistant: Disability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: remains the same,” such as by correcting a “misnomer” or mistake of form. United States v. Young Bros., Inc., 728 F.2d 682, 693 (5th Cir.1984). Thus, the issue is whether the amendment to the serial number constituted a change in form akin to correcting a typographical error or a change in substance that impermissibly altered the indictment. Although we have never addressed this question directly, precedent from this circuit and others suggests that the particular attributes of a firearm are not actual elements of the offense. See, e.g., United States v. Munoz, 150 F.3d 401, 417 (5th Cir.1998) (finding no grounds to reverse conviction when indictment charged a dif ferent gauge of shotgun than that presented during trial); United States v. Robinson, 974 F.2d 575, 578 (5th Cir.1992) (<HOLDING>); United States v. Robison, 904 F.2d 365, 369 Options: A. holding that government may prove facts outside the overt acts alleged in the indictment B. holding that when an indictment alleges nonessential facts the government need not prove them in order to sustain a conviction C. holding that the government need not prove actual notice to the prisoner D. recognizing that the government need only prove that crime occurred reasonably near the date stated in the indictment E. holding that the fact of prior convictions under 924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under 924e

assistant: The best answer is B. holding that when an indictment alleges nonessential facts the government need not prove them in order to sustain a conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: zones within 150 miles of the WAII tracts and that most of the Wyoming PRB is considered to be in “attainment” status for PM10 emissions. See J.A. 1388. Meanwhile, despite WildEarth Guardians’ assertion to the contrary, BLM did not “gloss over” PM10 modeling data for the PRB. WildEarth Pis.’ [89] Mem. at 12. In its final EIS, the agency expressly recognized. that modeling projected some ex-ceedances of the 24-hour PM10 standard, but discounted the data in part on the basis that modeling tends to over-predict 24-hour impacts of surface coal mining — a tendency that is directly reflected in an agreement between EPA and Wyoming environmental authorities that permits greater weight to be placed on PM10 monitoring data. See J.A. 1041, 1395-97; see also WildEarth Pis.’ [89] Mem. at 13 (<HOLDING>). As WildEarth Plaintiffs concede, “BLM has the Options: A. holding that bloodtest results would be irrelevant in action challenging parentage where the results could not be compared to information relating to necessary parties B. recognizing that enhancement for results obtained may be warranted C. holding that in a statutory fee case the results obtained factor was already subsumed in the lodestar and that results multipliers should be awarded only in some cases of exceptional success D. recognizing that blm discussed the modeling results and explained the basis for its decision to discount those results E. holding that a plaintiff need only show that the results of a polygraph examination were a factor in the termination of employment and rejecting requirement that results be the sole factor for employees discharge

assistant: The best answer is D. recognizing that blm discussed the modeling results and explained the basis for its decision to discount those results
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: trial. In Mattos v. Thompson, 491 Pa. 385, 421 A.2d 190, 196 (1980), the Pennsylvania Supreme Court held unconstitutional a statute which gave health care arbitration panels original jurisdiction over medical malpractice claims. The court based its decision on statistical evidence that the delays involved in processing claims under the statutory procedures oppressively burdened the right of a jury trial so as to “ ‘make the right practically unavailable,’ ” concluding that the actual operation of the arbitration procedure was not “ ‘reasonably designed to effectuate the desired objective’ of affording ‘the plaintiff a swifter adjudication of his claim, at a minimal cost.’ ” Id. 421 A.2d at 195 (quoting Parker v. Children’s Hosp. of Philadelphia, 483 Pa. 106, 394 A.2d 932, 939 (1978) (<HOLDING>)). In concluding, the court narrowed its Options: A. holding that an infringement on the right to vote necessarily causes irreparable harm B. holding that statute was too new to determine whether its actual operation resulted in unconstitutional infringement on jury trial right C. recognizing the right to waive a jury trial D. holding that trial court erred by granting a directed verdict on statute of limitations defense and remanding for a new trial on the statute of limitations only E. holding that even though new jersey supreme court found that state antidiscrimination law did not entitle party to jury trial in state court jury trial was still provided as matter of right in federal court

assistant: The best answer is B. holding that statute was too new to determine whether its actual operation resulted in unconstitutional infringement on jury trial right
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: {16} The metropolitan court decision to terminate the Lease reflects a finding that Tenant’s payment of the security deposit in October and her late rental payments for July and August constituted good cause or a serious violation of the lease. Without such a finding, there was no contractual basis for Landlord to terminate the Lease. The only grounds for Landlord to terminate the Lease during the first year’s term were for a “serious violation of the terms and conditions of the Lease” or a violation of “federal, [s]tate, or local law.” “Other good cause” was not a proper ground for termination of the Lease during this first term. The burden was on Landlord to present evidence to establish his basis to terminate the Lease. See Atma v. Munoz, 48 N.M. 114, 120, 146 P.2d 631, 634 (1944) (<HOLDING>); Cunningham v. Springer, 13 N.M. 259, 285, 82 Options: A. holding that the lessors interest in the leased property was subject to liens because it was perfectly obvious that the parties knew that the improvements at issue were the pith of the lease and that except for them the lease would not have been executed and because the improvements were essential to the purpose of the lease B. recognizing that the burden is on the landlord in a lease dispute to establish that the lease contract had been breached and that such breach entitled the landlord to the possession of the property in question C. holding that the damage for tenancy at sufferance during the holdover period was the monthly rent under the lease versus the apartments fair market value because the lease contained a provision requiring lease payments beyond the lease term D. recognizing and applying rule that lessee who breaches a lease is entitled to a rent credit for any proceeds gained by the landlord from reletting during the period of the original lease term E. holding that former employees of a brokerage firm who had a contractual right to a share of any commission received by the firm upon extension of a lease were not entitled to a share of the commission received when the landlord and tenant entered an amendment to the lease which extended the duration but also added new terms this was a new lease not an extension of the prior lease

assistant: The best answer is B. recognizing that the burden is on the landlord in a lease dispute to establish that the lease contract had been breached and that such breach entitled the landlord to the possession of the property in question
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All media releases, public announcements and public disclosures by any Party or its respective employees or agents, relating to this Agreement or the other Transaction Documents or the transactions contemplated hereby or thereby or the name of the Transferor, the Trust, the Administrative Agent or the Lenders, including promotional or marketing material, shall be coordinated with and consented to by the other Party in writing prior to the release thereof, which consent shall not be unreasonably withheld or delayed; provided , however , that any announcement intended solely for internal distribution by the disclosing Party to its directors, employees, officers and agents or any disclosure required by Requirements of Law or by accounting requirements, shall not require such coordination or consent.

assistant: Publicity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall serve as the Chief Executive Officer and Chief Financial Officer of the Corporation, with such duties, responsibilities and authority as are commensurate and consistent with his position, as may be, from time to time, assigned to him by the Board of the Corporation. The Executive shall report directly to the Board.

assistant: Duties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this Agreement, if any Event of Default (as defined in the Supply and Offtake Agreement) with respect to Fuels and LW, on the one hand, or Macquarie, on the other hand (such defaulting Party, the “ Defaulting Party ”) has occurred and is continuing, Macquarie (where Fuels and LW is the Defaulting Party) or Fuels and LW (where Macquarie is the Defaulting Party) (such non-defaulting Party or Parties, the “ Non-Defaulting Party ”) may, without notice, (i) terminate the Agreement and demand payment of all obligations due to it hereunder by the Defaulting Party and/or (ii) subject to Section 6.2 , exercise any rights and remedies provided or available to the Non-Defaulting Party under this Agreement, the Supply and Offtake Agreement, the other Transaction Documents or at law or equity, including all remedies provided under the UCC and as provided under Section 6.3 .

assistant: Remedies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The waiver by any party hereto of the breach of any of the terms and conditions of, or any right under this Confidentiality Agreement, will not be deemed to constitute the waiver of any similar right. No such waiver will be binding or effective unless expressed in writing and signed by the party giving such waiver.

assistant: Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: free access to federal courts than it is to provide unlimited access to them.’ ” 144 F.3d at 724 (quoting Roller, 107 F.3d at 231). Because § 1915(g) does not infringe upon prisoners’ fundamental rights and indigent prisoners are not a suspect class, the three-strike rule need only satisfy a rational basis test. Harris, 448 U.S. at 322, 100 S.Ct. 2671. Rodriguez argues that § 1915(g) fails to satisfy a rational basis test. We disagree. Un der the rational basis test, § 1915(g) is presumed to be valid and we will uphold § 1915(g) if it is rationally related to a legitimate governmental interest. Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 440, 105 S.Ct. 3249, 87 L.Ed.2d 313 (1985). We have previously held that the PLRA satisfied rational basis scrutiny. Madrid, 150 F.3d at 1041 (<HOLDING>). We now hold that the PLRA’s three-strike rule Options: A. holding that fees may be awarded for litigating amount of fees only where language of statute supports such conclusion B. holding that attorneys fees can be awarded only from time duty to defend arose C. holding that where a state statute provides for the award of attorneys fees those fees can be considered as part of the amount in controversy for the purpose of determining federal diversity jurisdiction D. holding that the plras limit on the amount of attorneys fees that can be awarded to inmates counsel satisfied the rational basis test E. holding that court of appeals erred by rendering judgment for full amount of attorneys fees sought after reversing 0 fee award because jury awarded less in damages than amount sought and therefore uncontroverted attorney testimony on amount of attorneys fees did not establish amount of reasonable and necessary fees as a matter of law

assistant: The best answer is D. holding that the plras limit on the amount of attorneys fees that can be awarded to inmates counsel satisfied the rational basis test
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from liability for the alleged fabrication of evidence because they did not have probable cause to arrest or to initiate judicial proceedings. Id. at -, 113 S.Ct. at 2616. “Their mission at that time was entirely investigative in character. A prosecutor neither is, nor should consider himself to be, an advocate before he has probable cause to have anyone arrested.” Id. The Court emphasized that the alleged fabrication occurred before a grand jury was convened and that when the grand jury eventually was convened, “its immediate purpose was to conduct a more thorough investigation of the crime — not to return an indictment against a suspect whom there was already probable cause to arrest.” Id. The Court also held that a prosecutor is not absolutely immune from liability for maki ) (<HOLDING>). Valder, however, has not met his burden of Options: A. holding the prosecutor is required to present exculpatory evidence to the grand jury B. holding that prosecutors are absolutely immune from liability for their knowing or inadvertent failure to disclose materially exculpatory evidence C. holding absolute immunity protects prosecutor from liability for withholding exculpatory evidence from grand jury D. holding that a prosecutors decision whether or not to give defense counsel evidence alleged to be materially exculpatory which was either discovered after the 1983 plaintiffs arrest but before his conviction or while the prosecutor was still functioning as an advocate for the state in posttrial motions and preparations for appeal is clearly part of the presentation of the states case and therefore a prosecutor is absolutely immune from liability for failure to turn over evidence E. holding absolute immunity protects prosecutor from liability for failing to give defense counsel materially exculpatory evidence

assistant: The best answer is E. holding absolute immunity protects prosecutor from liability for failing to give defense counsel materially exculpatory evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE GOVERNED BY AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.

assistant: Applicable Laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: self-representation if the record shows that the defendant made a subsequent request for trial counsel’s assistance. In that situation, it is reasonable to infer abandonment. See, e.g., Brooks v. State, No. 07-05-00162-CR, 2006 WL 957795, at *2 (Tex. App.-Amarillo Apr, 13, 2006, pet. ref’d) (mem. op., not designated for publication) (finding waiver when the defendant "asked that his appointed counsel be allowed to represent him for the remainder of the trial”); Tillman v. State, No. 01-04-00027-CR, 2005 WL 22304, at *2 (Tex. App.Houston [1st Dist.] Jan. 6, 2005, pet. ref’d) (mem. op., not designated for publication) (finding waiver when, after receiving proper admonishments, the defendant requested that the trial court appoint him different counsel); Carroll v. State, 176 S.W.3d 24 05) (<HOLDING>) (citations omitted); United States v. Options: A. holding that a defendant proceeding pro se is bound by same rules as party represented by counsel and a court cannot allow pro se litigant lower standard of performance B. holding that a defendant has a right to proceed pro se at trial C. holding waiver of counsel involuntary and stating that choice between incompetent or unprepared counsel and appearing pro se is a dilemma of constitutional magnitude and resulting choice to proceed pro se cannot be voluntary in the constitutional sense when such a dilemma exists D. holding waiver of right to counsel at sentencing not voluntary when trial court tried to dissuade discharge of counsel defendant believed incompetent for the waiver to be voluntary the trial court must inquire into the reasons for the defendants dissatisfaction with his counsel to ensure that the defendant is not exercising a choice between incompetent or unprepared counsel and appearing pro se E. holding defendants pro se motion to reduce sentence was not properly before the trial court when defendant was represented by counsel since defendant may not proceed both by counsel and pro se

assistant: The best answer is C. holding waiver of counsel involuntary and stating that choice between incompetent or unprepared counsel and appearing pro se is a dilemma of constitutional magnitude and resulting choice to proceed pro se cannot be voluntary in the constitutional sense when such a dilemma exists
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in several counterparts, and all counterparts so executed shall constitute one agreement, binding on the parties hereto, notwithstanding that such parties are not signatory to the same counterpart. Counterparts may be delivered by facsimile or other electronic transmission.

assistant: Counterparts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: communication with a juror or the jury from an outside source that presents a likelihood of affecting the verdict”); United States v. Pennell, 737 F.2d 521, 532 (6th Cir.1984) (observing that “Remmer ... controls the question of how the district court should proceed where ... allegations [of potential jury partiality] are made, i.e., a hearing must be held during which the defendant is entitled to be heard”). Here, after individually interviewing each juror and alternate juror, the district court learned that most had indeed heard the reported “racist redneck” comment. The court thus should have provided Taylor a meaningful opportunity to prove actual bias. Because the court denied Taylor’s request for a Remmer hearing, it abused its discretion. See Herndon, 156 F.3d at 637 (<HOLDING>); see also Turner v. Murray, 476 U.S. 28, Options: A. holding that the defendant by not bringing his knowledge of possible juror bias to the attention of the district court prior to verdict waived his right to a new trial B. recognizing district court application of the same rule C. recognizing discretion of district court in determining a fee award D. holding that preservation for review requires a fair ruling or decision by the district court in order to provide the lower court with an opportunity to correct any mistake give the opposing party an opportunity to demonstrate why the district court should rule in its favor and create a record which enables this court to make informed decisions E. holding that although this court affords broad discretion to the district court in determining the type of investigation necessary to determine juror bias the district court must provide the defendant a meaningful opportunity to prove the same

assistant: The best answer is E. holding that although this court affords broad discretion to the district court in determining the type of investigation necessary to determine juror bias the district court must provide the defendant a meaningful opportunity to prove the same