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: entity from Masco because after the trial, La Gard merged with Masco and is now a division of Masco. Hence, we hold that standing was not, and is not, lacking on the part of either La Gard or Masco in this appeal. We, therefore, have jurisdiction pursuant to 28 U.S.C. § 1295(a)(1) (1994), and Mas-Hamilton’s motion to dismiss for lack of jurisdiction is denied. II. Infringement A patent infringement analysis involves two steps. First, the court determines the scope and meaning of the asserted claims. See Markman v. Westview Instruments, Inc., 517 U.S. 370, 372-74, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996). Claim construction is a question of law, reviewed non-deferentially on appeal. See Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1456, 46 USPQ2d 1169, 1174 (Fed.Cir.1998) (in banc) (<HOLDING>). Second, the properly construed claims are Options: A. holding we review claim construction de novo on appeal B. holding that we review constitutional challenges de novo C. holding that we review issues of statutory interpretation de novo D. holding that we review a district courts interpretation of a statute de novo E. holding that review of the construction of a sentencing statute is de novo

assistant: The best answer is A. holding we review claim construction de novo on appeal
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 Delaware law (without reference to rules of conflicts of law), which shall be applied to the merits of any dispute or claim submitted to arbitration pursuant to Section 17 of this Agreement. Executive and the Company hereby expressly consent to the personal jurisdiction of the state and federal courts located in Los Angeles, CA for any action or proceeding relating to any arbitration pursuant to Section 17 of this Agreement in which the parties are participants, or any claim to which Section 8(c) applies.

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 legal provision and list the applicable contract clause categories. Provision: No waiver of any of the provisions of this Agreement or rights hereunder shall be deemed or shall constitute a waiver of any other provisions hereof or right hereunder (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. No course of dealing on the part of any Party or their respective officers, employees, agents, or representatives, nor any failure by a Party to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term, covenant, representation or warranty contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term, covenant, representation, or warranty. The rights of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by submitting user content through the services , you grant oculus a worldwide , irrevocable , perpetual ( i.e. lasting forever ) , non-exclusive , transferable , royalty-free and fully sublicensable ( i.e. we can grant this right to others ) right to use , copy , display , store , adapt , publicly perform and distribute such user content in connection with the services .

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 case excerpt and choose the best holding from the options. Case excerpt: will be granted only as to those issues that respond to an issue raised in a petition for reconsideration, the scope of a cross-petition for reconsideration is limited to those issues raised in a petition for reconsideration. In the present case, Eagle Water’s cross-petition for reconsideration was not filed within twenty-one days of the IPUC order certificating certain areas to United. Therefore, Eagle Water’s cross-petition for reconsideration was not timely as a petition for reconsideration and was necessarily limited in scope to those issues raised in United’s petition for reconsideration. A party may seek judicial review of an order of IPUC in accordance with I.C. § 61-627. Utah-Idaho Sugar Co. v. Intermountain Gas Co., 100 Idaho 368, 373, 597 P.2d 1058, 1063 (1979) (<HOLDING>). I.C. § 61-627 provides: After a petition for Options: A. holding that prior ro decision that had not become final was not subject to cue collateral attack B. holding that a judgment as to the title in a prior litigation was not subject to collateral attack C. holding that final orders of ipuc are generally not subject to collateral attack and should be challenged either by a petition for reconsideration or appeal to this court in accordance with ic 61627 D. holding that orders remanding an action to a federal agency are generally not considered final appealable orders E. recognizing that both final and nonfinal orders may be the subject of motions for reconsideration

assistant: The best answer is C. holding that final orders of ipuc are generally not subject to collateral attack and should be challenged either by a petition for reconsideration or appeal to this court in accordance with ic 61627
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: For purposes of this Agreement, "Proprietary Information" shall mean written, documentary or oral information of any kind disclosed by Cyberlux or ICT to the other and designated as proprietary information, including, but not limited to, (a) information of a business, planning, marketing or technical nature, (b) models, tools, hardware and software, and (c) any documents, reports, memoranda, notes, files or analyses prepared by or on behalf of the receiving party that contain, summarize or are based upon any Proprietary Information, provided that "Proprietary Information" shall not include information which: (vi) is obligated to be produced under order of a court of competent jurisdiction or a valid administrative or congressional subpoena, provided that the receiving party promptly notifies the disclosing party of such event so that the disclosing party may seek an appropriate protective order or waive compliance by the receiving party with the terns of this Agreement.

assistant: No
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 Parent will, and will cause each Subsidiary to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its Property, except (other than with respect to bribery and anti-corruption Governmental Requirements) where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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: she had responded, the disciplinary hearing which was held might have proven to be unnecessary. Spooner, No. SC04-1375, Florida Bar No. 2004-00,357 The referee made numerous findings concerning the Spooner case, all of which led to the conclusion that Broome’s representation of Spooner was adequate. The only ethical violation the referee found in this case, a failure to respond to the Bar’s letter of inquiry in violation of rule 4-8.4(g)(1), was not supported by a factual finding by the referee that Broome failed to respond to a letter of inquiry from the Bar. However, Broome admitted the allegation in her answer to the Bar’s formal complaint against her. Nor is she taking issue with the referee’s finding of the violation. See also Fla. Bar v. Lancaster, 448 So.2d 1019, 1022 (Fla.1984) (<HOLDING>). Mailloux, No. SC04-1375, Florida Bar No. Options: A. holding defendants were precluded from challenging the validity of jury verdict forms for failure to have complained at trial B. holding that the plaintiff was precluded from raising the issue for the first time on appeal C. holding that a defendants failure to object or join in a codefendants objection to an issue bars the defendant from raising the issue on appeal D. holding bars failure to present evidence on an issue to which the parties had stipulated precluded the attorney from challenging the accuracy of the finding E. holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court

assistant: The best answer is D. holding bars failure to present evidence on an issue to which the parties had stipulated precluded the attorney from challenging the accuracy of the finding
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: the different policy interests underlying witness immunity, noted: With no sanction for incompetent preparation, however, an expert witness is free to prepare and testify without regard to the accuracy of his data or opinion. We do not see how the freedom to testify negligently will result in more truthful expert testimony. Without some overarching purpose, it would be illogical, if not unconscionable, to shield a professional, who is otherwise held to the standards and duties of his or her profession, from liability for his or her malpractice simply because a party to a judicial proceeding has engaged that professional to provide services in relation to the judicial proceeding and that professional testifies by affidavit or deposition. Marrogi v. Howard, 805 So.2d 1118, 1133 (La.2002) (<HOLDING>). Many courts, of course, have been Options: A. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness B. holding the expert witnesses were protected by witness immunity to ensure expert objectivity C. holding that witness immunity does not bar a claim against a retained expert witness for negligence performance of his duty D. holding that a forensic accountant is an expert witness not a lay witness E. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand

assistant: The best answer is C. holding that witness immunity does not bar a claim against a retained expert witness for negligence performance of his duty
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 parties agree that any dispute, controversy or claim arising out of or related to the Employee’s employment with the Company, this Agreement, including the validity of this arbitration clause, or any breach of this Agreement shall be submitted to and decided by binding arbitration in Bexar County, Texas. Arbitration shall be administered by the American Arbitration Association (“AAA”) under the rules of the Federal Arbitration Act and any requirements imposed by Texas law. Any arbitral award determination shall be final and binding upon the Parties and may be entered as a judgment in a court of competent jurisdiction.

assistant: Arbitration
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 may terminate the Executive’s Employment at any time and for any reason (or no reason), with or without Cause, by giving the Executive notice in writing. The Executive may terminate the Executive’s Employment by giving the Company fourteen (14) days’ advance notice in writing. The Executive’s Employment shall terminate automatically in the event of the Executive’s death. Notwithstanding anything to the contrary, upon the Executive’s termination due to death or Disability, the Executive shall only be entitled to the payments and benefits provided under Section 5(c)(i)-(v) below.

assistant: Terminations
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 embodies the entire and final agreement of the parties on the subject matter stated in this Agreement. No amendment or modification of this Agreement shall be valid or binding upon the Bank or the Executive unless made in writing and signed by both parties.

assistant: Entire Agreements
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: United States v. Friedman, 300 F.3d 111, 122 (2d Cir.2002); United States v. Horr, 963 F.2d 1124, 1126 (8th Cir.1992); United States v. Rivera, 292 F.Supp.2d 838, 840-44 (E.D.Va.2003). But see United States v. Daniels, 902 F.2d 1238, 1245 (7th Cir.1990) (stating that to conclude that “a provision in the Code of Federal Regulations which says that inmates’ phone calls may be monitored” constitutes notice to prison inmates “is the kind of argument that makes lawyers figures of fun to the lay community, and although a respected sister court has accepted it, we place no weight on it.” (citation omitted)). An inmate’s decision to make a telephone call after receiving notice in one of the above methods has been construed as an implied consent to the monitoring. Rivera, 292 F.Supp.2d at 844 (<HOLDING>); see Coyazo, 1997-NMCA-029, ¶¶3, 16, 123 N.M. Options: A. holding in a murder case improper wire tapping of telephone calls between the victims wife and her lover recorded by the victim before his death required reversal for suppression B. holding inmates and those with whom they converse have no objectively reasonable expectation of privacy in telephone conversations where inmates received a handbook alerting them that all telephone calls were recorded and were exposed to a document hanging in the common areas that notified prisoners that their calls might be monitored and recorded C. holding that the defendant plainly consented to the recording and monitoring of his telephone calls at both facilities because he used the telephone after receiving notice that his calls would be recorded andor monitored D. holding that local telephone calls are inadequate to satisfy jurisdictional requisite of interstate commerce E. holding that monitoring telephone calls is in the ordinary course of business where the employer has reason to suspect an employee of disclosing confidential information to business competitor

assistant: The best answer is C. holding that the defendant plainly consented to the recording and monitoring of his telephone calls at both facilities because he used the telephone after receiving notice that his calls would be recorded andor monitored
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: Whether the repayment period for the Subject Loan is seventeen years or twenty-five years, additional circumstances exist that cause the current state of affairs to persist throughout the repayment period. C. Good Faith The third prong of the Brunner test requires Husband to show that good faith efforts were made to repay the loan. Courts have measured good faith by examining various factors; the fact debtor has made no payments or has made some payments on the loan is not in and of itself dispositive, [citation omitted] (court may evaluate the debtor’s conduct in the broader context of his total financial picture). “Good faith is measured by the debtor’s ‘efforts to obtain employment, maximize income, and minimize expenses.’ ” [citations omitted]; see also Pena, 155 F.3d at 1114 (<HOLDING>). “A debtor’s effort — or lack thereof — to Options: A. holding that the fresh start was a legitimate interest to discriminate in a plan whereby the debtor proposed to pay the student loan in full while paying 15 of the other unsecured claims B. holding that juveniles use of the f word in dispute with principal and another student over whether student had stolen her money did not constitute fighting words C. holding that the bankruptcy court lacked the power under 105a to grant the partial discharge of student loan debt when the debtor did not show undue hardship as required by statute D. holding there was no assumption where neither the bankruptcy court nor the debtor exhibited any intention of assuming the contract E. holding that bankruptcy court did not clearly err in finding that debtor had exhibited good faith in paying back student loans where inter alia debtor used large sum disability benefits distribution to pay down portions of other debts that were approximately four times amount of student loans

assistant: The best answer is E. holding that bankruptcy court did not clearly err in finding that debtor had exhibited good faith in paying back student loans where inter alia debtor used large sum disability benefits distribution to pay down portions of other debts that were approximately four times amount of student loans
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: and inadequate notice of claim was ineffective to toll the statute of limitations. [¶ 33] I do not disagree that this result can be perceived as harsh. The approach and analysis undertaken in the Edelman case arguably allows a more flexible and forgiving result. However, in Paradis, this Court had the opportunity to fashion a flexible and forgiving approach, but declined to do so. [¶ 34] If the Legislature had determined that the holding of Paradis was too harsh, it could have expressly uncoupled the notice and oath requirements when it amended the Act. See, e.g., Stockly v. Doil, 2005 ME 47, ¶14, 870 A.2d 1208 (“The Legislature is presumed to be aware of the state of the law and decisions of this Court when it passes an act.”); Taylor v. Town of Orono, 585 A.2d 807, 808-809 (Me.1991) (<HOLDING>); Townsend v. Me. Bureau of Pub. Safety, 404 Options: A. holding that defective notice can be excused if there is substantial compliance with the maine tort claims B. holding that because record did not contain notice of appeal in compliance with rule 3 there was no appellate jurisdiction and appeal must be dismissed C. holding that substantial compliance is sufficient to satisfy the notice requirements of sdcl 3212 and 3 D. holding that waiver of federal tort claims act sovereign immunity is conditioned upon strict compliance with exhaustion requirement E. holding that substantial compliance with notice is sufficient

assistant: The best answer is A. holding that defective notice can be excused if there is substantial compliance with the maine tort claims
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: hold that the transactions were part of a single conspiracy entered into by the same parties for the same purpose. III. Motion for Appropriate Relief Defendant has submitted a motion for appropriate relief, seeking to overturn his habitual felon conviction. The motion for appropriate relief is properly before this Court because “appellate courts may rule on such a motion under N.C. Gen. Stat. § 15A-1418 ... when the defendant has.... an appeal of right.” State v. Jamerson, 161 N.C. App. 527, 530, 588 S.E.2d 545, 547 (2003). Defendant’s arguments are premised upon this Court’s holdings in State v. Jones, 161 N.C. App. 60, 588 S.E.2d 5, stay granted, 357 N.C. 660, 589 S.E.2d 882 (2003) and State v. Sneed, 161 N.C. App. 331, 588 S.E.2d 74, stay granted, 357 N.C. 661, 589 S.E.2d 883 (2003) (<HOLDING>). In reviewing Jones and Sneed, our Supreme Options: A. holding that prior convictions for possession of cocaine and marijuana are admissible to impeach defendant B. holding a habitual felon indictment cannot be predicated upon misdemeanor cocaine possession convictions C. holding the imposition of a maximum sentence of life imprisonment was not excessive for conviction of possession of cocaine where defendant was adjudged to be a fourth felony offender with prior convictions for manslaughter two prior convictions for possession of cocaine and numerous arrests for drug offenses possession of a firearm by a felon aggravated battery and armed robbery D. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell E. holding that dual convictions of possession of a firearm by a convicted felon and possession of ammunition by a convicted felon violated double jeopardy

assistant: The best answer is B. holding a habitual felon indictment cannot be predicated upon misdemeanor cocaine possession convictions
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: Seller has filed or caused to be filed all U.S. federal and other material tax returns which are required to be filed or extensions thereto that, to Seller’s Knowledge, would be delinquent if they had not been filed on or before the date hereof (taking into account any extensions) and has paid all Taxes shown to be due and payable on or before the date hereof on such returns or on any assessments made against it or any of its property (in each case taking into account any extensions) except for any such Taxes as are being appropriately contested in good faith by appropriate proceedings and with respect to which adequate reserves have been provided in accordance with GAAP; to Seller’s Knowledge, no Tax liens have been filed against any of Seller’s assets, except for such Tax liens for Taxes not yet due and payable or for Taxes being appropriately contested in good faith by appropriate proceedings and with respect to which adequate reserves have been provided in accordance with GAAP, and, to Seller’s Knowledge, no material claims are being asserted with respect to any such Taxes.

assistant: Taxes
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 constitutes the full and entire understanding and agreement among the parties with respect to the subject matter hereof, and any other written or oral agreement relating to the subject matter hereof existing between the parties is expressly canceled; provided that , for the avoidance of doubt, the foregoing shall not affect the rights and obligations of the parties under the Merger Agreement or any Ancillary Document. Notwithstanding the foregoing, nothing in this Agreement shall limit any of the rights or remedies of the Company or any of the obligations of Holder under any other agreement between Holder and the Company or any certificate or instrument executed by Holder in favor of the Company, and nothing in any other agreement, certificate or instrument shall limit any of the rights or remedies of the Company or any of the obligations of Holder under this Agreement.

assistant: Entire Agreements
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 Guaranty represents the entire agreement and understanding of this parties concerning the subject matter hereof, and supersedes all other prior agreements, understandings, negotiations and discussions, representations, warranties, commitments, proposals, offers and contracts concerning the subject matter hereof, whether oral or written.

assistant: Entire Agreements
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: Since January 1, 2015, the Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has never been an issuer subject to paragraph (i) of Rule 144. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

assistant: Financial Statements
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 any claim, controversy or dispute arising out of or related to this Agreement, any of the Transactions, the relationship of the Parties, and/or the interpretation and enforcement of the rights and duties of the Parties, whether arising in contract, tort, equity or otherwise, shall be governed by and construed in accordance with the domestic Laws of the State of Delaware (including in respect of the statute of limitations or other limitations period applicable to any such claim, controversy or dispute), without giving effect to any choice or conflict of Law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than the State of Delaware.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective when it shall have been executed by the Borrower and the Administrative Agent, and when the Administrative Agent shall have, as to each Lender, either received a counterpart hereof executed by such Lender or been notified by such Lender that such Lender has executed it and thereafter shall be binding upon and inure to the benefit of the Borrower, the Administrative Agent, and each Lender and their respective successors and permitted assigns, except that neither the Borrower nor any other Credit Party shall have the right to assign its rights or delegate its duties under this Agreement or any interest in this Agreement without the prior written consent of each Lender.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: one of the options we provide with memories is the ability to create a restricted area by setting a passcode , which might be a pin or a passphrase or some other mechanism .

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 case excerpt and choose the best holding from the options. Case excerpt: product rules that would not so dilute the power of the population statistics. By last year, the NRC had abandoned advocating for the ceiling principles. Id. at 35. The NRC, however, has continued to reject an unmodified product rule and has instead provided several alternative formulas all of which provide conservative estimates of profile frequencies. The recommended adjustment to the product rule that is relevant to the DNA analysis conducted here is the faetor-of-ten adjustment. Id. at 34 (‘We conclude that, when several loci are used, the pr ified product rule, using the factor of ten calculations, to be admissible); State v. Johnson, 186 Ariz. 329, 922 P.2d 294 (1996) (finding modified ceiling principle to be admissible); State v. Bible, 175 Ariz. 549, 858 P.2d 1152, 1181 (1993) (<HOLDING>), cert. denied, 511 U.S. 1046, 114 S.Ct. 1578, Options: A. holding product rule in admissible because prosecution failed to establish independence of alleles B. holding that in a prosecution for lurking evidence of a prior act of lewdness by defendant was admissible to establish motive C. holding alford plea admissible in prosecution for felon in possession of firearm D. holding alford plea admissible in burglary prosecution E. holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution

assistant: The best answer is A. holding product rule in admissible because prosecution failed to establish independence of alleles
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 Borrower and the Guarantors will, and will cause their respective Subsidiaries to, permit the Agent and the Lenders, at the Borrower’s expense, upon reasonable prior notice, to visit and inspect any of the properties of the Borrower, each Guarantor or any of their respective Subsidiaries (subject to the rights of tenants under their Leases and provided that, except after an Event of Default, such visits and inspections shall not include any intrusive or invasive environmental sampling, testing or investigation), to examine the books of account of the Borrower, any Guarantor and their respective Subsidiaries (and to make copies thereof and extracts therefrom) and to discuss the affairs, finances and accounts of the Borrower, any Guarantor and their respective Subsidiaries with, and to be advised as to the same by, their respective officers, partners or members, all at such reasonable times and intervals as the Agent or any Lender may reasonably request, provided that so long as no Default or Event of Default shall then have occurred and be continuing, the Borrower shall not be required to pay for such visits and inspections. In the event that the Agent or a Lender shall visit and inspect a property of a Subsidiary of the Borrower which is not a Guarantor or an Approved JV, such visit and inspection shall be made with a representative of the Borrower (and the Borrower agrees to use reasonable efforts to make such representative available). The Lenders shall use good faith efforts to coordinate such visits and inspections so as to minimize the interference with and disruption to the normal business operations of such Persons.

assistant: Books
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: co-worker engaged in repeat harassing behavior after LMC responded to his complaints. Thus, because the harassment by individual co-workers did not persist, LMC’s response was presumptively effective. Cf. Adler, 144 F.3d at 676 (noting that, when the harassment by the employee persists, the court examines “the timeliness of the plaintiffs complaint, whether the employer unduly delayed, and whether the response was proportional to the seriousness and frequency of the harassment”). Dr. Chawla’s criticisms of LMC’s response fail to rebut this presumption. Docket No. 41 at 20. First, Dr. Chawla fails to identify any evidence to suggest that his coworkers were somehow motivated to engage in harassing behavior based on the alleged inadequacy of LMC’s response. See Adler, 144 F.3d at 678 (<HOLDING>). Second, Dr. Chawla claims that LMC failed to Options: A. holding that the plaintiff must establish that a supervisors harassment was within the scope of his employment and that the employer failed to respond adequately and effectively when it learned of the harassment B. holding that school districts are hable for peer sexual harassment in their schools under title ix only if they have actual knowledge of the harassment and act with deliberate indifference in response to it C. holding that the allegations of plaintiffs coemployees of sexual harassment by manager were irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of the alleged harassment D. holding that unless plaintiff establishes a nexus between a prior response and later harassment by others the later harassment is irrelevant to the adequacy of the prior response E. holding that a defendants notice of prior harassment against victims other than the plaintiff can give rise to title ix liability so long as the defendant possessed enough knowledge of the harassment that it could reasonably have responded with remedial measures to address the kind of harassment upon which the plaintiffs legal claim is based

assistant: The best answer is D. holding that unless plaintiff establishes a nexus between a prior response and later harassment by others the later harassment is irrelevant to the adequacy of the prior response
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: seems equally true. The Second Circuit’s decision in Tenenb-aum illustrates this: if a caseworker knows facts that would cause a person of reasonable caution to believe that a child was being abused or neglected (i.e., there is probable cause), then it is also the case that this caseworker has reason to believe that the child is in immediate danger (i.e., exigent circumstances are present). See Tenenbaum, 193 F.3d at 602-03, 605. From this, it further follows that there is no practical difference between emergency circumstances—the standard used to evaluate plaintiffs’ Fourteenth Amendment claim on the plaintiff children’s removal—and probable cause/exigent circumstances—the standard used to evaluate the plaintiff children’s Fourth Amendment claim. See Southerland, I, 680 F.3d at 161 (<HOLDING>); see also Tenenb-aum, 193 F.3d at 605; Options: A. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal B. holding that removal proceedings are in the nature of process and defects in the removal procedures are waivable C. holding that the existence of emergency circumstances sufficient to justify removal of the southerland children in a manner comporting with their due process rights would also certainly suffice to justify their removal in a manner comporting with their fourth amendment rights barring unreasonable seizure D. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand E. holding that there should be a sua sponte remand for want of removal jurisdiction where the premise for removal of the state court proceeding was the state courts alleged violation of fourteenth amendment due process rights

assistant: The best answer is C. holding that the existence of emergency circumstances sufficient to justify removal of the southerland children in a manner comporting with their due process rights would also certainly suffice to justify their removal in a manner comporting with their fourth amendment rights barring unreasonable seizure
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: reliance on AT & T Technologies v. Comm’s Workers of Am., 475 U.S. 643, 106 S.Ct. 1415, 89 L.Ed.2d 648 (1986), is also misplaced. In AT & T, the Supreme Court said that arbitration clauses do not cover disputes when there is a “clear, unambiguous exclusion” from arbitration of particular issues. Id. at 647, 106 S.Ct. 1415 (internal quotations omitted). But such examples are rare, and when courts have found them, they are explicit. See, e.g., United Steelworkers of Am. v. Warrior & Gulf Nav. Co., 363 U.S. 574, 583, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (1960) (identifying contract language that said, “matters which are strictly a function of management shall not be subject to arbitration,” as a clear exclusion); State of N.Y. v. Oneida Indian Nation of N.Y., 90 F.3d 58, 61 (2d Cir.1996) (<HOLDING>) (emphasis added). Where express exclusions are Options: A. holding that the district court did not err by compelling individual rather than class arbitration because the relevant agreements were silent as to class arbitration B. holding that the court has no independent authority to compel arbitration of a class claim C. recognizing the immunity of counties unless an action is authorized by the legislature D. holding the contract was not authorized by law E. recognizing an exclusion that stated a claim by the state that the nation is conducting a class iii gaming activity not authorized by this compact is not subject to mandatory arbitration

assistant: The best answer is E. recognizing an exclusion that stated a claim by the state that the nation is conducting a class iii gaming activity not authorized by this compact is not subject to mandatory arbitration
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: punishing those who give false information in order to obtain drivers’ licenses or identification cards from the. office of motor vehicles of the Department of Public Safety and Corrections, to limit the issuance of such documentation to correspond to the time limits placed by the federal Immigration and Naturalization Service on documentation, and to make operating a motor vehicle in this state when not lawfully present in the United States a crime. Congress has exercised its power over immigration in the Immigration and Nationality Act, 8 U.S.C. § 1101, et seq. (the “INA”). The INA is a comprehensive regulatory scheme which regulates the authorized entry, length of stay, residence status, and deportation of aliens. See Gonzales v. City of Peoria, 722 F.2d 468, 474-75 (9th Cir.1983) (<HOLDING>). The INA delegates enforcement duties to the Options: A. recognizing that this created a cooperative scheme B. recognizing that the sentence imposed should be consistent with the protection of the public C. recognizing that the regulatory scheme created by the ina is so pervasive as to be consistent with the exclusive federal power over immigration D. holding that a breach of contract action by the department of health for the commonwealth of puerto rico did not qualify as an exercise of police or regulatory power even if related to the departments general regulatory power E. holding a pervasive regulatory scheme shows that the legislature intended the administrative remedy to be exclusive

assistant: The best answer is C. recognizing that the regulatory scheme created by the ina is so pervasive as to be consistent with the exclusive federal power over immigration
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: Mortgagee shall have the right to assign or transfer its rights under this Mortgage without limitation. Any assignee or transferee shall be entitled to all the benefits afforded Mortgagee under this Mortgage.

assistant: Assignments
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: damages, enhanced damages for willful infringement, and reduced damages for accidental, nonnegligent infringement, and does so with a similar structure and similar wording. See 17 U.S.C. § 504(b), (c). The Court will therefore apply the standard reiterated in Softel as an appropriate test for assessing vicarious liability under 47 U.S.C. § 553. b. The substance of the Softel standard Even when accepting or assuming that the Softel standard applies, courts demonstrate differing views as to what the Softel standard requires. Under the first prong, the defendant must have a right or ability to supervise or authorize the violative behavior, but he need not have actually supervised, given authorization, or even had knowledge of the violative behavior. See, e.g., Shapiro, 316 F.2d at 306 (<HOLDING>); id. at 308 (“The imposition of liability upon Options: A. holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate B. holding on direct appeal that the evidence showed that green was the leader of the la boys and that he had orchestrated the enterprises activities C. holding green vicariously liable even though green did not actively participate in the sale of the records and that it had no knowledge of the unauthorized manufacture of the records D. holding that records relating to a student court were not education records E. holding that municipal court records were admissible under official records or public documents exception

assistant: The best answer is C. holding green vicariously liable even though green did not actively participate in the sale of the records and that it had no knowledge of the unauthorized manufacture of the records
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: unless you timely provide cir with an arbitration opt-out notice , you acknowledge and agree that you and academia.edu are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding .

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: This Agreement shall be binding upon and inure to the benefit of both parties hereto and their respective successors and assigns. This Agreement may not be assigned by the Borrower without the prior written consent of the Lender. If any provision of this Agreement shall be held to be invalid or unenforceable, in whole or in part, neither the validity nor the enforceability of the remainder hereof or thereof shall in any way be affected. No provision of this Agreement may be amended or waived without the prior written consent of the Lender and the Borrower.

assistant: Miscellaneous