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 legal provision and list the applicable contract clause categories. Provision: The Company shall pay or reimburse Executive for all transportation, hotel and other expenses reasonably incurred by Executive on business trips and for all other ordinary and reasonable out-of-pocket expenses actually incurred by him in the conduct of the business of the Company, including expenses relating to his laptop, cell phone and Blackberry or other similar devices, against itemized vouchers submitted with respect to any such expenses and approved in accordance with customary procedures.

assistant: Expenses
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 shall pay to the Administrative Agent for its own account fees in the amounts and at the times separately agreed upon in writing. The Borrower shall pay to the Lenders such fees as have been separately agreed upon in writing in the amounts and at the times so specified.

assistant: Fees
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: Restricted Share Bonus awards shall be subject to a vesting schedule and vesting shall generally be based on the Participant’s Continuous Service. Upon failure to meet the vesting conditions, Shares awarded under the Restricted Share Bonus Agreement shall be subject to a share reacquisition right in favor of the Company in accordance with the vesting schedule; provided , that any such Shares shall be reacquired without the payment of any consideration to the Participant.

assistant: Vesting
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: Upon the earliest to occur of (i) the Participant’s termination of service as an Employee prior to the Determination Date for any reason other than a Qualifying Termination, or (ii) the Administrator’s determination that the Final Bonus Pool equals zero, the Participant shall forfeit all rights and interests under this Agreement and the 2016 OPP without further action on the part of the Company or the Participant and without payment of consideration therefor, which forfeiture shall include, without limitation, any rights or interest in any Award Value and/or any Performance Period Dividend Equivalent.

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 legal provision and list the applicable contract clause categories. Provision: Capitalized terms used in this Agreement without definition shall have the meanings assigned to them in the Plan. This Agreement and the Restricted Stock Units shall be subject to the Plan and the terms of the Plan are incorporated into this Agreement by reference. The Grantee hereby acknowledges receipt of a copy of the Plan.

assistant: Definitions
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: move on. N.T. 12/7/11 at 268 (footnote added). Initially, we note that a fair reading of the above excerpt is that, while the trial court sustained Appellant’s objection and gave a cautionary instruction as to the prosecutor’s statement that “[t]he Commonwealth is requesting that you do your duty and that you do something in this case[,]” the trial court did not sustain Appellant’s objection or give a cautionary instruction as to the prosecutor’s statement that “all it takes for evil to thrive is for good people to do nothing.” Therefore, since the trial court did not sustain Appellant’s objection to this specific statement, it was unnecessary for Appellant to request specifically a mistrial in order to preserve the issue. See Commonwealth v. Molina, 33 A.3d 51, 56 n. 4 (Pa.Super.2011) (<HOLDING>). With regard to the denial of mistrials, the Options: A. holding that a thirtyminute delay in providing curative instructions to a jury for improper conduct did not result in prejudice against the defendant B. holding that when an objection is overruled failing to request curative instructions or a mistrial does not result in waiver C. recognizing that use of curative or limiting instructions is within the district courts discretion D. holding that a defendant is barred from contending on appeal that the trial court erred in denying a mistrial motion when he acquiesced in the courts decision to give curative instructions and did not then renew his own motion for mistrial or join in his codefendants renewal of the motion E. holding that where an objection is sustained and curative instruction given and no further relief such as a mistrial additional curative instruction or striking of the offending comment is requested there is nothing for the appellate court to review

assistant: The best answer is B. holding that when an objection is overruled failing to request curative instructions or a mistrial does not result in waiver
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 the foregoing, upon the occurrence of a Change in Control, this Award shall become vested immediately prior to a Change in Control as to 100% of the RSUs (but only to the extent such Award has not otherwise terminated or become vested).

assistant: Change In Control
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 party hereto agrees that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by it in accordance with the terms hereof, and that each party shall be entitled to specific performance of the terms hereof in addition to any other remedy available at Law or in equity.

assistant: Specific Performance
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 388 U.S. 447 87 S.Ct. 2095 18 L.Ed.2d 1309 Sanford E. ADAY et al.v.UNITED STATES. No. 149. Supreme Court of the United States June 12, 1967 Stanley Fleishman, for petitioners. 1 Solicitor General Marshall, for the United States. 2 Melvin L. Wulf, Rolland R. O'Hare and Erwin B. Ellmann, for the American Civil Liberties Union and others, as amici curiae. 3 Horace S. Manges, for the American Book Publishers Council, Inc., as amicus curiae. 4 Charles H. Keating, Jr., and James J. Clancy, for Citizens for Decent Literature, Inc., as amicus curiae. 5 On Petition for Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit. 6 PER CURIAM. 7 The petition for a writ of certiorari is granted and the judgment of the United States Court of Appeals for the Sixth Circuit is reversed. Redrup v. State of New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515. 8 THE CHIEF JUSTICE and Mr. Justice BRENNAN would grant the petition, vacate the judgment, and remand in light of A Book Named 'John Cleland's' Memoirs of a Woman of Pleasure v. Attorney General of Com. of Massachusetts, 383 U.S. 413, 86 S.Ct. 975, 16 L.Ed.2d 1. 9 Mr. Justice CLARK would grant the petition and affirm. 10 Mr. Justice HARLAN concurs in the reversal on the basis of the reasoning set forth in his opinions in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498, and Manual Enterprises, Inc. v. Day, 370 U.S. 478, 82 S.Ct. 1432, 8 L.Ed.2d 639.

assistant: 3
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 respective obligations and benefits afforded to the Company and you as provided in Sections 3, 5 (to the extent that payments or benefits are owed as a result of a termination of employment that occurs during the term of this Agreement), 6, 8, 12, 15 and 17 shall survive the termination of this Agreement.

assistant: Survival
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: given for a peremptory challenge is a pretext for purposeful discrimination and upholds a Batson motion, the court has “the discretion to fashion a remedy for a Batson violation that addresses and resolves the specific harm caused by that violation.” Jones, 343 Md. at 602-03, 683 A.2d at 529. V. Turning to the merits of petitioner’s Batson challenge, we note first that step one, whether petitioner has made a prima facie showing that the State’s challenges were racially motivated, is not at issue in this case. The issue is moot because the State offered explanations for its peremptory challenges and the court ruled, in part, on the ultimate question of intentional discrimination. See Hernandez v. New York, 500 U.S. 352, 359, 111 S.Ct. 1859, 1866, 114 L.Ed.2d 395 (1991)(plurality opinion)(<HOLDING>); Gilchrist v. State, 340 Md. 606, 628, 667 Options: A. holding that when the prosecutor articulates reasons for strikes and the trial court makes a ruling on discriminatory intent the question of whether a prima facie case was made is moot B. holding that the fourteenth amendment precludes peremptory challenges predicated upon race and that once a defendant in a criminal case makes a prima facie showing of discrimi nation the burden shifts to the prosecution to demonstrate a neutral explanation for the challenges C. holding that once prosecutor makes raceneutral explanation for peremptory challenge and trial court rules on question of intentional discrimination issue of prima facie case becomes moot D. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 E. holding that the jury need only decide the ultimate issue of intentional discrimination and usually need not make findings on the prima facie case or whether the defendants explanation is pretextual

assistant: The best answer is C. holding that once prosecutor makes raceneutral explanation for peremptory challenge and trial court rules on question of intentional discrimination issue of prima facie case becomes moot
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 entire understanding and agreement between Plaintiffs, on the one hand, and Defendants, on the other hand, with respect to the subject matter of this Agreement and, as such, supersedes any prior understandings, agreements, representations, warranties, promises or covenants between Plaintiffs and Defendants, written or oral. The express terms of this Agreement control and supersede any course of performance or usage of the trade that may be inconsistent with any of the terms contained in this Agreement. This Agreement shall not be amended, modified, altered or otherwise changed, except in writing, signed by all Parties hereto, and expressly stating that it is an amendment of 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 case excerpt and choose the best holding from the options. Case excerpt: point out that ERISA contains a savings clause. Id. at 398. “Specifically, the savings clause provides that ERISA’s preemption provision ‘shall not be construed to alter, amend, modify, invalidate, impair, or supersede any law of the United States.’ ” /¿.(quoting 29 U.S.C. § 1144(d)(1998)). The Court then cited Gurry’s analysis with approval for the proposition that nothing in § 34-34 conflicts with ERISA. Id. at 399. Judge Payne recognized that the Bankruptcy Code explicitly contemplated that “state laws have a central role in defining applicable exemptions to be made in protecting property of the estate from the reach of lding Missouri statute that exempted pension plan benefits from bankruptcy estate was not preempted due to savings clause); In re Dyke, 943 F.2d 1435 (5th Cir.1991) (<HOLDING>). See also In re Weinhoeft, 275 F.3d 604, 605 Options: A. holding a tortious interference claim was preempted by erisa because it did not meet the legal standard announced by the supreme court in miller in order for it to regulate insurance within the meaning of erisas savings clause B. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied C. holding florida exemption statute for employee benefit plans was not preempted by erisa due to savings clause D. holding texas exemption law was not preempted by erisa due to savings clause E. holding that erisa completely preempted certain state law claims and finding that erisa preempted an employees common law tort and contract claim when the employee sought benefits under the employers disability policy

assistant: The best answer is D. holding texas exemption law was not preempted by erisa due to savings clause
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 computations of interest and of fees shall be made by Administrative Agent on the basis of a fraction, the denominator of which is three hundred sixty (360), and the numerator of which is the actual number of days elapsed from the date of the initial disbursement under the Loan or the date of the preceding Payment Date, as the case may be, to the date of the next Payment Date or the Maturity Date. Each determination of an interest rate or the amount of a fee hereunder shall be made by Administrative Agent and shall be conclusive, binding and final for all purposes, absent manifest error.

assistant: Fees
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: two-part Katz test, an individual must demonstrate both a subjective expectation of privacy in the object of the challenged search, and that society is prepared to accept that expectation as objectively reasonable. California v. Ciraolo, 476 U.S. 207, 211, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986). The third-party doctrine applies when someone voluntarily disclosed information to a third party; an expectation of privacy in such information fails the objectively reasonable prong. See Smith, 442 U.S. at 743-44, 99 S.Ct. 2577; see, e.g., U.S. v. Davis, 785 F.3d 498, 511-12 (11th Cir. 2015). The Supreme Court has applied the third-party doctrine to permit electronic tracking of certain information without a warrant, See U.S. v. Knotts, 460 U.S. 276, 285, 103 S.Ct. 1081, 75 L.Ed.2d 55 (1983) (<HOLDING>); but see U.S. v. Jones, 565 U.S. 400, 404, 132 Options: A. holding that the fourth amendment and the exclusionary rules are not implicated by a private search B. holding that officers installation prior to purchase of a beeper in a barrel purchased by one of the codefendants and the officers subsequent monitoring of the signals from that beeper as the codefendant transported it by vehicle to its final destination did not constitute a fourth amendment search because a cars movements are public information C. holding the evidence was sufficient to support a finding that the lessee driver of a vehicle had knowingly transported a handgun recovered from the trunk of the vehicle in question D. holding that the defendant who stood by and watched as the officers searched the vehicle consented to a search during which officers checked under a cars seat looked in the cars glove compartment and removed a speaker by unscrewing it from a panel E. recognizing private damage action for fourth amendment violations by federal officers

assistant: The best answer is B. holding that officers installation prior to purchase of a beeper in a barrel purchased by one of the codefendants and the officers subsequent monitoring of the signals from that beeper as the codefendant transported it by vehicle to its final destination did not constitute a fourth amendment search because a cars movements are public information
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 government to release to Stichting Mayflower and Olson-Neihart the deposit of just compensation that the government deposited into an escrow account. Mayflower, however, has failed to submit an application for fees With this court or the district court as required by the statute. See 28 U.S.C. § 2412(d)(1)(B) (“A party seeking an award of fees ... shall within thirty days of final judgment in the action, submit to the court an application for fees and other expenses which shows that the party is a prevailing party ... the amount sought, including an itemized statement from any attorney or expert witness ... stating the actual time expended and the rate at which fees and other expenses were computed.”) (emphasis added); see also Myers v. Sullivan, 916 F.2d 659, 666 (11th Cir.1990) (<HOLDING>). Consequently, we do not address Mayflower's Options: A. holding that issue exhaustion is mandatory even if not a statutory jurisdictional requirement B. holding that regulatory requirements are not jurisdictional in nature C. holding that this time requirement is mandatory and jurisdictional D. recognizing that the statutory requirement that a claimant under eaja file timely application for fees is jurisdictional in nature E. recognizing that issue exhaustion is a mandatory although not jurisdictional requirement

assistant: The best answer is D. recognizing that the statutory requirement that a claimant under eaja file timely application for fees is jurisdictional in nature
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: I, 604 F.3d at 345. White Mountains has contributed an insufficient amount toward McFatridge’s and Edgar County’s defense costs despite being liable for these costs. Since White Mountains is liable for these defense costs, but National Casualty is not, National Casualty’s contributions to the defense costs before the McFatridge I decision constitute a benefit to White Mountains. National Casualty made clear from the start that its contributions to McFatridge’s and Edgar County’s defense costs were made under a reservation of rights until its legal duties were clarified under the McFa-tridge I declaratory judgment action, so National Casualty never waived its right to recoup its contributions. See Standard Mut. Ins. Co. v. Lay, — Ill.2d -, 371 Ill.Dec. 1, 989 N.E.2d 591, 596 (2013) (<HOLDING>). National Casualty has gone above and beyond Options: A. holding that an insurer will not be estopped from denying coverage merely because the underlying case proceeds to judgment before the declaratory judgment action is resolved B. holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage C. holding that when an insurer files suit to cancel a policy the entire liability of the insurer both on the policy and under the statute is put in issue D. holding that a claim against an insurer for vexatious refusal to pay cannot be maintained where the court finds that the insurer has no duty to defend under the policy E. holding that the insurer had no duty to defend the insured because the allegations of the initial complaint did not allege facts which would bring the case within the coverage of the title insurance policy

assistant: The best answer is B. holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage
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: is to cause the specific result proscribed by the statute defining the offense.” Section 18-1-501(5), C.R.S.2006. Bodily injury means physical pain, illness, or any impairment of physical or mental condition. Section 18-l-901(3)(c), C.R.S. 2006. Intent can be proved by means other than direct evidence. A fact finder may infer intent to cause the natural and probable consequences of unlawful voluntary acts, and pertinent to the inquiry is the defendant’s conduct and the circumstances surrounding any act or omission. See People v. Juvenile Court, 813 P.2d 326, 330 (Colo.1991); People v. Howard, 89 P.3d 441, 444 (Colo.App.2003) (jurors could infer defendant’s specific intent from conduct and the overall circumstances); see also People v. Thompson, 121 P.3d 273, 278-79 (Colo.App.2005)(<HOLDING>). Here, construing the evidence previously Options: A. holding proof of possession of stolen goods is sufficient evidence to sustain conviction for theft B. holding that uncorroborated testimony of one witness is sufficient by itself to sustain a conviction C. recognizing that if there is evidence upon which one may reasonably infer an element of the crime the evidence is sufficient to sustain that element and where reasonable minds could differ the evidence is sufficient to sustain a conviction D. holding that the uncorroborated testimony of an informant may be sufficient to sustain a conviction E. holding that evidence tending to show knowing participation in the conspiracy is sufficient to sustain conspiracy conviction

assistant: The best answer is C. recognizing that if there is evidence upon which one may reasonably infer an element of the crime the evidence is sufficient to sustain that element and where reasonable minds could differ the evidence is sufficient 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 legal provision and list the applicable contract clause categories. Provision: The Company will use the proceeds from the sale of the Notes for general corporate purposes, but not, directly or indirectly, for (i) except as set forth on Schedule 4(d), the satisfaction of any indebtedness of the Company or any of its Subsidiaries, (ii) the redemption or repurchase of any securities of the Company or any of its Subsidiaries, or (iii) the settlement of any outstanding litigation.

assistant: Use Of Proceeds
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 therefore should be dismissed. Id. (quoting Fed.R.Civ.P. 8(a)(2)). In other words, if after taking the complaint’s well-pleaded factual allegations a d to perform under the contract for three years until the end of September 2012 when Defendant breached the contract by terminating it two years prematurely. These allegations are sufficient to state a claim for breach of contract under North Carolina law. Defendant’s contention that the five-year term was part of an oral agreement does not require dismissal. Under North Carolina law, a valid contract may be partially written and partially parol. McMichael v. Borough Motors, Inc., 14 N.C.App. 441, 444, 188 S.E.2d 721, 722 (1972); see also Beal v. K.H. Stephenson Supply Co., Inc., 36 N.C.App. 505, 508, 244 S.E.2d 463, 465 (1978) (<HOLDING>). The Statute of Frauds does not apply to Options: A. holding parol evidence is admissible to show mistake B. holding that when a contract is partially parol and partially written parol evidence may prove the parol terms C. holding the parol evidence rule presumes finality with respect to the written terms of the agreement only and does not prevent consideration of parol evidence concerning the duration of contract D. holding that parol evidence can be presented when the terms of the agreement are ambiguous E. holding that parol evidence is admissible to determine intent of parties

assistant: The best answer is B. holding that when a contract is partially parol and partially written parol evidence may prove the parol terms
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: stuffed dolls that move somewhat and play pre-recorded quips. 5 . In a half-hearted attempt to avoid litigation, Host changed the robots' names to "Hank” and "Bob.” 6 . To avoid going to trial in such a situation, producers will have to cast new actors who look and sound very different from the old ones. A Seinfeld spin-off thus ends up in a bizarro world where a skinny Newman sits down to coffee with a svelte George, a stocky Kramer, a fat Jerry and a lanky blonde Elaine. Not only is goodwill associated with the old show lost, the artistic freedom of the screenwriters and producers is severely cramped. 7 . The Seventh Circuit is not alone in recognizing the need to limit the right of publicity. See, e.g., Allison v. Vintage Sports Plaques, 136 F.3d 1443, 1447-49 (11th Cir.1998) (<HOLDING>). Scholars, too, have soundly reject ed White. Options: A. recognizing the collateral order doctrine for the first time B. recognizing first sale doctrine as limiting right of publicity C. holding right of first refusal only applied to a voluntary sale and taking of property by condemnation is involuntary therefore right of first refusal not triggered D. recognizing doctrine E. recognizing first amendment retaliation right

assistant: The best answer is B. recognizing first sale doctrine as limiting right of 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: Executive shall initially be paid an annualized Base Salary, payable in accordance with the regular payroll practices of the Company, of $420,000. No less frequently than annually, the Executive’s Base Salary shall be reviewed by the Compensation Committee who may (but is not obligated to) adjust such Base Salary in its sole discretion; provided that Base Salary shall not be decreased. Any such increased Base Salary shall be the Executive’s “Base Salary” for all purposes under this Agreement.

assistant: Base Salary
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 injury proximately caused by his own negligent or wrongful act or omission.” Id. Defendants argue that the Supervisory Defendants (Blasnek, Cruz, McGrattan, Onhemus, and Washington) cannot be liable for their subordinates’ alleged use of excessive force under § 52.1 pursuant to § 820.8. However, each of the Supervisory Defendants was found liable for her own actions under § 52.1, including witnessing and directing their subordinates to violate Plaintiffs’ rights. {See Docket Nos. 592-601 (verdict forms).) Therefore immunity under § 820.8 does not apply. Johnson v. Duffy, 588 F.2d 740, 744 (9th Cir.1978) (“California law expressly imposes liability on a public employee for his own act or omission”); Watkins v. City of Oakland, 145 F.3d 1087, 1093 (9th Cir.1998) (<HOLDING>); McKay v. City of Hayward, 949 F.Supp.2d 971, Options: A. holding that a municipality cannot be held liable for an official policy or custom if it has been determined that the individual defendants did not violate the plaintiffs constitutional rights B. holding that a superior can be held liable in his individual capacity if he participated in the deprivation of a plaintiffs constitutional rights C. holding that liability under 1983 can be established by showing that the defendants either personally participated in a deprivation of the plaintiffs rights or caused such a deprivation to occur D. holding plaintiff stated claim in his individual capacity E. holding that a state officer sued in his individual capacity may be held personally liable for damages under 42 usc 1983 based upon actions taken in his official capacity

assistant: The best answer is B. holding that a superior can be held liable in his individual capacity if he participated in the deprivation of a plaintiffs constitutional rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: This Agreement does not grant Recipient or any of its Representatives any license to use Provider’s Evaluation Material except as provided herein. In addition, all proprietary and intellectual property rights in and to the Evaluation Material shall remain the sole property of Provider, and nothing in this Agreement shall be construed in any way to grant to Recipient or its Representatives or any other Person any express or implied option, license or other right, title or interest in or to any Evaluation Material, or to any intellectual property rights embodied in such Evaluation Material.

assistant: Yes
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: but simply raise the correctness of a discretionary administrative decision in the facts of a single claimant’s case.”). Thus, the district court did not abuse its discretion when it declined to review the Appeal Panel’s determination that LTCF and Film Production Capital were the same entity. B. LTCF further argues that the CSSP chose an inappropriate NAICS code. However, the determination of the appropriate NAICS code for a single entity claimant is not the type of “pressing question” that warrants district court review. See Claimant ID 100212278, 848 F.3d at 410. Rather, it is precisely the type of discretionary factual determination that we have held the district court need not review. See In re Deepwater Horizon, 641 Fed.Appx. at 410; cf. Claimant ID 100212278, 848 F.3d at 410-11 (<HOLDING>). Even assuming that the CSSP’s determination Options: A. holding that the appropriate standard of review is abuse of discretion B. holding that district court did not abuse discretion by denying review of factual determination that claimants stores were not tourism businesses within the meaning of the settlement agreement C. holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form D. holding that a sentencing determination will not be disturbed on appeal absent an abuse of discretion by the district court E. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard

assistant: The best answer is B. holding that district court did not abuse discretion by denying review of factual determination that claimants stores were not tourism businesses within the meaning of the settlement agreement
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: 1987, no pet.). In construing this article, the court of criminal appeals has consistently held to effectively substitute a duplicate indictment where the original has been lost before trial, the record must show that [T]he state’s attorney had filed a formal motion setting out (1) the loss of the indictment; (2) an exact or substantial copy thereof; (3) a statement by such attorney that same is, in substance at least, the same as the lost indictment; [and] (4) a showing that a judgment of the substitution was entered and carried into the minutes of the court. Maples v. State, 126 Tex.Crim. 153, 70 S.W.2d 198, 200 (1934) (op. on denial of second motion for reh’g) (citing Burrage, 44 S.W. at 169); see also White v. State, 72 Tex.Crim. 16, 160 S.W. 703 (Tex.Crim.App.1913) (<HOLDING>). In this case, the State failed to meet the Options: A. holding record must affirmatively show that the substitution was actually made by the prosecutors written motion and the trial courts order B. holding in a paternity action that the selection and change of the childs surname from the name chosen by the mother must be based on the trial courts determination that renaming is in the childs best interests and the record must affirmatively show such a name change is required for the welfare of the minor child C. holding an interlocutory appeal is allowed from the trial courts written order denying a motion to dismiss under the tcpa D. holding that when a courts statements from the bench conflict with its written order the order controls E. holding that the trial courts written order was not the entry of a sentence sufficient to support a determination that a judgment of conviction was entered

assistant: The best answer is A. holding record must affirmatively show that the substitution was actually made by the prosecutors written motion and the trial courts order
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 and other communications provided for herein shall be given in the manner and subject to the terms of Section 10.1 of the Credit Agreement; provided that any such notice, request or demand to or upon any Guarantor shall be addressed to such Guarantor at its notice address set forth on Schedule 1 .

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: Each Credit Party shall at all times maintain insurance upon its Inventory, Equipment, Foreign Accounts Receivable (or, to extent cancelled or modified, provide the Administrative Agent thirty (30) days’ (or such shorter period acceptable to the Administrative Agent in its sole discretion) prior written notice of any change with respect to the Foreign Accounts Receivable insurance maintained as of the Closing Date) and other personal and real property (including, if applicable, insurance required by the National Flood Insurance Reform Act of 1994) in such form, written by such companies, in such amounts, for such periods, and against such risks as is customarily maintained by comparable companies engaged in the same of similar lines of business, with provisions reasonably satisfactory to the Administrative Agent for, with respect to Credit Parties, payment of all losses thereunder to the Administrative Agent, for the benefit of the Lenders, and such Credit Party as their interests may appear (with lender’s loss payable and additional insured endorsements, as appropriate, in favor of the Administrative Agent, for the benefit of the Lenders), and, if required by the Administrative Agent, the Borrower shall deposit the policies with the Administrative Agent and the Lenders. Any such policies of insurance shall provide for no fewer than thirty (30) days prior written notice of cancellation to the Administrative Agent. Any sums received by the Administrative Agent, for the benefit of the Lenders, in payment of insurance losses, returns, or unearned premiums under the policies shall be applied as set forth in Section 2.11(c) and (d) hereof . The Administrative Agent is hereby authorized to act as attorney-in-fact for the Credit Parties, after the occurrence and during the continuance of an Event of Default, in obtaining, adjusting, settling and canceling such insurance and indorsing any drafts. In the event of failure to provide such insurance as herein provided, the Administrative Agent may, at its option, provide such insurance and the Borrower shall pay to the Administrative Agent, upon demand, the cost thereof. Should the Borrower fail to pay such sum to the Administrative Agent upon demand, at the election of the Administrative Agent, interest shall accrue thereon, from the date of demand until paid in full, at the Default Rate. Within ten days of the Administrative Agent’s written request, the Borrower shall furnish to the Administrative Agent such information about the insurance of the Credit Parties as the Administrative Agent may from time to time reasonably request, which information shall be prepared in form and detail reasonably satisfactory to the Administrative Agent and certified by a Financial Officer.

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: to send a copy of this order to counsel for Plaintiff and counsel for Defendant. It is so ORDERED. 1 . Congressional intent does not aid analysis of the Jones Act. Unlike the Death on the High Seas Act (“DOHSA"), 46 U.S.C.A.App. §§ 761-768 (West 1975), which limits damages to pecuniary losses, 46 U.S.C.A.App. § 762 (West 1975), the Jones Act does not limit damages to any particular form, Miles, 498 U.S. at 32, 111 S.Ct. at 325-26; see also Mobil Oil Corp. v. Higginbotham, 436 U.S. 618, 625, 98 S.Ct. 2010, 2015, 56 L.Ed.2d 581 (1978) (“There is a basic difference between filling a gap left by Congress' silence and rewriting rules that Congress has affirmatively and specifically enacted.”). 2 . The Supreme Court voiced the same concern in earlier maritime cases n. 3 (E.D.Va.1993) (<HOLDING>). 4 . One argument against recovery of punitive Options: A. holding punitive damages not recoverable under 2715 B. holding that punitive damages are recoverable in a claim for retaliation under the flsa C. holding punitive damages unavailable for survival claims under general maritime law D. holding punitive damages not recoverable for retaliatory discharge claim under general maritime law E. holding punitive damages available for retaliatory claim under flsa

assistant: The best answer is D. holding punitive damages not recoverable for retaliatory discharge claim under general maritime law
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: evidence.” While these definitions were not included in the punitive-damage instruction itself, the definitions are nevertheless read in conjunction with the instruction to determine the sufficiency of the instruction on the issue. See Leaf v. Goodyear Tire & Rubber Co., 590 N.W.2d 525, 536 (Iowa 1999) (“Jury instructions are to be read and considered as a whole, not ‘piecemeal or in artificial isolation.’ ”). Clearly, the uniform civil jury instruction here “enlightened the jury as to the punitive damages’ nature and purpose, identified the damages as punishment for civil wrongdoing of the kind involved, and explained that their imposition was not compulsory.” Haslip, 499 U.S. at 19, 111 S.Ct. at 1044, 113 L.Ed.2d at 21; see also State v. Morrison, 368 N.W.2d 173, 175 (Iowa 1985) (<HOLDING>). Walgreen has demonstrated no violation of the Options: A. holding that this court is required to assume that the jury followed the limiting instructions given by the district court B. holding that district court is not required to word jury instructions in any particular way so long as it correctly states the law C. holding that the district court correctly declined to instruct the jury that the government was required to prove as an element of the offense that the defendant did not intend to establish a life with his wife D. holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error E. holding that the word void is not sufficient

assistant: The best answer is B. holding that district court is not required to word jury instructions in any particular way so long as it correctly states the law
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: a transcript of the proceedings below. Inasmuch as it is the appellant’s burden to demonstrate the merits of her appeal, she must bear the burden of the deficient record.”) (citations omitted); Schmid v. United Brotherhood of Carpenters and Joiners of America, et al., 827 F.2d 384 (8th Cir.1987) ("It is important, if not essential, to the reviewing court that an appellant under Rule 10, Fed. R.App. P., bring before this court all parts of the proceedings below necessary for a determination of the validity of any claimed error.”) (citation omitted)). 5 . Farrey v. Sanderfoot, 500 U.S. 291, 297, 111 S.Ct. 1825, 1829, 114 L.Ed.2d 337 (1991) ("Ordinarily, liens and other secured interests survive bankruptcy.”); Long v. Bullard, 117 U.S. 617, 620-21, 6 S.Ct. 917, 918, 29 L.Ed. 1004 (1886) (<HOLDING>). 6 . Soost v. NAH, Inc. (In re Soost), 262 Options: A. holding that the purpose of the bankruptcy codes avoidance provisions is to prevent a debtor from making transfers that diminish the bankruptcy estate to the detriment of creditors B. holding that 20 of creditors knowing of consignment relationship does not satisfy general knowledge requirement notwithstanding that such creditors represented 63 of claims against debtor C. holding that a creditors security was preserved notwithstanding the bankruptcy of the debtor D. holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors E. holding that an answer that asserts a counterclaim against a plaintiff who then becomes a bankruptcy debtor is an action or proceeding against the debtor within the meaning of 362a1 notwithstanding the fact that the debtor initiated the lawsuit

assistant: The best answer is C. holding that a creditors security was preserved notwithstanding the bankruptcy of the debtor
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 the rights, duties and obligations of the Company hereunder may not be assigned or delegated by the Company in whole or in part. Prior to the expiration of the Founder Shares Lock-up Period or the Private Placement Lock-up Period, as the case may be, no Investor may assign or delegate such Investor’s rights, duties or obligations under this Agreement, in whole or in part, except in connection with transfer of Registrable Securities by such Investor to a Permitted Transferee but only if such Permitted Transferee agrees to become bound by the transfer restrictions set forth in this Agreement. This Agreement and the provisions hereof shall be binding upon and shall inure to the benefit of each of the parties, to the permitted assigns of the Investors or holder of Registrable Securities or of any assignee of the Investors or holder of Registrable Securities. This Agreement is not intended to confer any rights or benefits on any persons that are not party hereto other than as expressly set forth in Article 4 and this Section 6.2.

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 legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, the Corporation agrees to pay Employee an annualized base salary of $345,000.00 (the “Base Salary”), which Base Salary will be earned by Employee on a pro rata basis as Employee performs services and which shall be paid according to the Corporation’s normal payroll practices. Employee shall be eligible for a merit-based increase of the Base Salary payable under this Section 4.1 on or about July 1, 2018 and on or about July 1 of each year during the Term thereafter, with any adjustment to Employee’s Base Salary subject to approval by the Board.

assistant: Base Salary
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 Seller Party and Servicer (a) is a corporation, real estate investment trust or limited liability company as specified in this Agreement, duly organized, validly existing and in good standing under the laws of the jurisdiction in which it was formed, as specified in this Agreement, (b) has all requisite corporate or other power, and has all governmental licenses, authorizations, consents and approvals, necessary to (i) own its assets and carry on its business as now being or as proposed to be conducted, (ii) with respect to the Sellers, acquire, own, sell, assign, pledge and repurchase the Purchased Loans and (iii) with respect to the Servicer, service and administer the Purchased Loan, (c) is qualified to do business and is in good standing in all other jurisdictions in which the nature of the business conducted by it makes such qualification necessary, except where failure so to qualify would not be reasonably likely (either individually or in the aggregate) to have a Material Adverse Effect, and (d) is in compliance in all material respects with all Requirements of Law. PennyMac’s tax identification number is 80-0463416. PennyMac’s fiscal year is the calendar year. PMAC Holding’s tax identification number is 27-2199755. PMAC Holding’s fiscal year is the calendar year. No Seller Party nor Servicer has changed its name within the past twelve (12) months.

assistant: Existence