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: stage, the Class consisted of people who had purchased demand notes after February 15, 1980. The jury then determined that Arthur Young was liable for approximately $6.1 million in damages to the people who purchased demand notes after April 22, 1982. Because the district court fully credited the settlement proceeds against the jury’s verdict, the Class argues, Arthur Young gets the benefit of settlements with Class members who had no claim against Arthur Young. Under federal law, where a “settlement payment and the jury’s award pertain[] inseparably to one and the same loss,” the verdict must be credited with the payment on settlement. See Kassman v. American Univ., 546 F.2d 1029, 1035 (D.C.Cir.1976) (per curiam); see also Rolf v. Blyth, Eastman Dillon & Co., 570 F.2d 38, 50 (2d Cir.) (<HOLDING>), cert. denied, 439 U.S. 1039, 99 S.Ct. 642, 58 Options: A. holding that rule 10b5 damages must be offset by amount of settlement B. holding that a liquidated damages amount set by contract is enforceable where the amount bears a reasonable relation to the damages actually sustained C. holding prejudgment interest is to be determined on the entire amount of compensatory damages and then reduced by the amount of interest which would have accrued at present value on the settlement amount determined before trial D. holding that prejudgment interest is based on the amount of the judgment not the total amount of damages awarded by the jury because nonsettling defendants have no control over settlement negotiations and should not be forced to pay prejudgment interest on settling defendants parts of a damages award E. holding that accused lawyer violated dishonesty rule by retaining double payment of settlement amount when second settlement check had been sent in error

assistant: The best answer is A. holding that rule 10b5 damages must be offset by amount of settlement
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: During the term hereof, the Executive’s base salary (the “ Base Salary ”) shall be paid in accordance with the Corporation’s regular payroll practices in effect from time to time, but not less frequently than in monthly installments. As of the Commencement Date, the Executive’s Base Salary shall be at an annualized rate of $350,000. The Compensation Committee of the Board shall review the Executive’s Base Salary at least annually and may increase the Base Salary from time to time at its sole discretion.

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 of the Group Members has filed or caused to be filed all Federal, state and other material tax returns that are required to be filed and has paid all taxes shown to be due and payable on said returns or on any assessments made against it or any of its Property and all other taxes, fees or other charges imposed on it or any of its Property by any Governmental Authority (other than any taxes the amount or validity of which are currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with the Uniform System of Accounts and reconciled in accordance with GAAP have been provided on the books of the applicable Group Member, as the case may be); and no tax Lien has been filed, and, to the knowledge of the REIT and the Borrower, no claim is being asserted, with respect to any such tax, fee or other charge.

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 case excerpt and choose the best holding from the options. Case excerpt: found, the contracts at issue here ‘were by their terms entered into in connection with [a] maritime commercial venture and are therefore maritime in nature.’ ”). The decision turns on whether the contract has “reference to maritime service or maritime transactions.” Norfolk S. Ry., 543 U.S. at 24, 125 S.Ct. 385. In this case, Binani argues that the indemnity contract is a mere a promise to pay money on land, not a maritime contract. Binani cites cases purporting to hold that a covenant to pay damages merely related to a maritime transaction is different from a maritime contract itself. It is true that “merely agreeing as surety ‘to pay damages for another’s breach of a maritime charter is not’ a maritime contract.” Fednav, Ltd. v. Isoramar, S.A., 925 F.2d 599, 601 (2d Cir.1991) (<HOLDING>) (citing Kossick v. United Fruit Co., 365 U.S. Options: A. holding that promise to contribute for settlement and legal fees was not maritime contract B. holding that contract promise to litigate any dispute arising from the contract in the english courts was prima facie valid quoting underlying contract C. holding defendant waived request for fees pursuant to contract provision by only generally referring to fees in the answer and not citing the contract D. holding that plaintiff was not entitled to jury trial because he asserted admiralty or maritime claims in his complaint by stating the complaint of tnt marine services inc for breach of contract civil and maritime and for maritime tort avers on information and belief as follows E. holding that money received in settlement refers to the injured persons net recovery after paying attorney fees and costs a client does not receive attorneys fees under the statute because a lawyer has a claim to such fees as soon as a settlement agreement is reached

assistant: The best answer is A. holding that promise to contribute for settlement and legal fees was not maritime contract
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: States. D.Plaintiffs Constitutional Claims Plaintiff alleges violations of several amendments to the United States Constitution, including the Fifth Amendment right to due process, the Fourteenth Amendment guarantee of equal protection, and the Thirteenth Amendment prohibition against slavery. None of the provisions cited by plaintiff is money-mandating. Accordingly, the court lacks jurisdiction over these claims. See Le-Blanc v. United States, 50 F.3d 1025, 1028 (Fed.Cir.1995) (“[T]he Due Process Clauses of the Fifth and Fourteenth Amendments [and] the Equal Protection Clause of the Fourteenth Amendment ... [are not] a sufficient basis for jurisdiction because they do not mandate payment of money by the government.”); Mullenberg v. United States, 857 F.2d 770, 773 (Fed.Cir.1988) (<HOLDING>); Pleasant-Bey v. United States, 99 Fed.Cl. Options: A. holding that the due process and equal protection clauses do not trigger tucker act jurisdiction in the courts B. holding that due process and equal protection clauses of fourteenth amendment are not confined to protection of citizens rather they apply to all persons within the territorial jurisdiction C. holding that the equal protection and due process clauses of the fifth and fourteenth amendments do not provide a sufficient basis for jurisdiction because they do not mandate payment of money by the government D. holding that claims based on the fifth amendments due process and equal protection clauses do not give rise to jurisdiction under the tucker act E. holding that neither the equal protection and due process clauses of the fourteenth amendment nor article i 2 of the constitution guarantee against errors in the administration of an election

assistant: The best answer is A. holding that the due process and equal protection clauses do not trigger tucker act jurisdiction in the courts
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 Arrangers and the Agents for their own respective accounts fees in the amounts and at the times specified in the Fee Letter. Such fees shall be fully earned when paid and shall not be refundable for any reason whatsoever. Such fees shall be fully earned when paid and shall not be refundable for any reason whatsoever except as otherwise agreed.

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: If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with limited capacity, but rather that the negligent maintenance of pumps which were already in place caused the damage. “[0]nce a governmental entity builds or takes control of property or an improvement, it has the same common law duty as a private person to properly maintain and operate the property. See ... City of Tallahassee v. Elliott, 326 So.2d 256 (Fla. 1st DCA 1975), cert, denied, 344 So.2d 324 (Fla.1977) (maintenance of drainage system).” Trianon, 468 So.2d at 920-21; accord Avallone v. Board of County Comm’rs of Citrus County, 493 So.2d 1002 (Fla.1986). Therefore, having undertaken to operate the sewer system, the City owed a duty to maintain the pumps in a non-negligent manner. See, e.g., City of New Smyrna Beach Utilities Comm’n v. McWhorter, 418 So.2d 261 (Fla.1982) (<HOLDING>); see Bray v. City of Winter Garden, 40 So.2d Options: A. holding that a municipal sewer system is liable for the acts of a third party that discharged hazardous waste into the system B. holding a city liable for a dangerous condition caused by a submerged municipal sewer pipe in federal waters C. recognizing doctrine D. holding a municipality liable for negligently maintaining a sewer where despite extraordinary rainfall the unclogged sewer may have prevented damage to the plaintiffs property E. recognizing that city may be liable for negligent maintenance of sewer system even though doctrine of res ipsa loquitor was inapplicable

assistant: The best answer is E. recognizing that city may be liable for negligent maintenance of sewer system even though doctrine of res ipsa loquitor was inapplicable
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: Wherever possible, each provision of this Plan and any Incentive Award Agreement will be interpreted so that it is valid under the applicable law. If any provision of this Plan or any Incentive Award Agreement is to any extent invalid under the applicable law, that provision will still be effective to the extent it remains valid. The remainder of this Plan and the Incentive Award Agreement also will continue to be valid, and the entire Plan and Incentive Award Agreement will continue to be valid in other jurisdictions.

assistant: Construction
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: A condition precedent to the Company’s obligation to make or continue the payments associated with a termination without cause shall be your execution and delivery of a release in the form attached hereto as Annex A, as such form may be revised as required by law, within 60 days following your Effective Termination Date. If you shall fail to timely execute and deliver such release, or if you revoke such release as provided therein, then in lieu of continuing to receive the payments provided for herein, you shall receive a severance payment determined in accordance with the Company’s policies relating to notice and severance reduced by the aggregate amount of severance payments paid pursuant to this Agreement, if any, prior to the date of your refusal to deliver, or revocation of, such release. In this event, any such severance payments shall be paid in the form of Base Salary continuation payments at the annual rate equal to your Base Salary in effect immediately prior to your notice of termination, with such amounts paid until your severance benefit has been exhausted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower agrees to pay to the Administrative Agent, for its own account, fees payable in the amounts and at the times specified in the Fee Letters, and the Joinder Agreements, or as otherwise separately agreed upon between the Borrower and the Administrative Agent.

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: To determine whether probable case for an arrest exists, the Court must “ask whether an objectively reasonable officer could conclude that the historical facts at the time of the arrest amount to probable cause.” Cortez v. McCauley, 478 F.3d 1108, 1116 (10th Cir. 2007) (citations omitted). Probable cause exists if, “based on the totality of the circumstances” and “reasonably trustworthy information” within the arresting officer’s knowledge, the facts are sufficient to “lead a reasonable officer to believe that the person about to be arrested has committed or is about to commit a crime.” Id. Police officers “may not ignore easily accessible evidence,” and must interview readily available witnesses and make a basic investigation. Id. at 1117 (internal quotation and citation omitted) (<HOLDING>); see also BeVier v. Hucal, 806 F.2d 123, Options: A. holding that hearsay evidence is considered valuable evidence in testing probable cause to arrest B. holding that the courts determination of whether an officer had probable cause for an arrest is an independent and objective determination and an officers own subjective reason for the arrest is irrelevant C. holding that a police officer had probable cause to arrest an alleged shoplifter based upon the uncorroborated report of a single security guard and stating that when an officer has received information from some person normally the putative victim or eye witness who it seems reasonable to believe is telling the truth he has probable cause D. holding that an officer did not have probable cause to make an arrest for child abuse based on uncorroborated hearsay statements of a twoyearold when the officer could have interviewed witnesses and considered physical evidence and a medical diagnosis and failed to do so E. holding that although jury found officer not to have had probable cause for arrest officer was entitled to immunity because law was not clearly established as to circumstances in which officer found himself

assistant: The best answer is D. holding that an officer did not have probable cause to make an arrest for child abuse based on uncorroborated hearsay statements of a twoyearold when the officer could have interviewed witnesses and considered physical evidence and a medical diagnosis and failed to do so
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 cause the Executive to be paid an annual base salary (the “Base Salary”) as determined by the Board of Directors of ANC or its Compensation Committee (the “Compensation Committee”), which Base Salary, however, shall not be less than $334,750 per year, subject to all applicable withholdings. The Base Salary shall be paid in approximately equal installments to the Executive in accordance with established payroll practices of the Company (but no less frequently than monthly).

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: Grantee acknowledges that a waiver by the Company of a breach of any provision of these Award Terms shall not operate or be construed as a waiver of any other provision of these Award Terms, or of any subsequent breach by Grantee or any other grantee of an equity award from the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence was admissible under Rule 404(b) as proof of the identification, intent, and modus operandi of defendant. The trial court expressly limited the admission of the evidence of the subsequent rape in instructions to the jury both before the tender of the evidence and in its final mandate to the jury immediately prior to their deliberations. As the evidence of the subsequent rape was admitted in part to show intent and modus operandi of defendant, remoteness in time of the second act is less important to its admissibility. Id. As defendant concedes, this Court has upheld the admission of evidence under Rule 404(b) where the crimes] wrongs, or acts occurred after the offenses for which a defendant was on trial. State v. Hutchinson, 139 N.C. App. 132, 136, 532 S.E.2d 569, 572 (2000) (<HOLDING>). Indeed, under the plain language of the rule, Options: A. holding that evidence of gang involvement was properly admitted to prove motive for participating in the alleged crimes B. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge C. holding trial court improperly instructed jury in trial for possession of cocaine base with intent to distribute that evidence of defendants similar acts of possession was admissible to show motive where motive was not element of crime charged and defendant did not contest motive D. holding the trial court properly admitted evidence of defendants subsequent conduct in determining whether he possessed the intent and motive for the first degree burglary charge E. holding that motive is circumstantial evidence of intent

assistant: The best answer is D. holding the trial court properly admitted evidence of defendants subsequent conduct in determining whether he possessed the intent and motive for the first degree burglary charge
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: Bank v. Broaddus, 569 S.W.2d 489, 492 (Tex.1978). The Court previously rejected as a matter of law Defendants’ effort to use their own deposition testimony to avoid responsibility for their promise. Amended Report & Recommendation, # 52 at 5-6, adopted by District Court, # 55. After Prospect counterclaimed for breach of the Release and Covenant Not to Sue, Defendants asserted that Prospect sneaked the Release in at the midnight hour so they would not notice it was included; they also stated that they deliberately chose not to read it before signing the Agreement. The Court ruled that this evidence of willful ignorance did not raise a fact issue so as to defeat Prospect’s motion for summary judgment. Id. See also In re Intern. Profit Associates, Inc., 286 S.W.3d 921, 923-24 (Tex.2009) (<HOLDING>). Thus Defendants here are presumed to know the Options: A. holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision B. holding that a plaintiffs failure to invoke 1983 is fatal to the claim because the constitutional provision that was allegedly violated does not itself create a means for recovery for a violation of that provision C. holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision D. holding that the court was bound to consider a contract provision that was plainly relevant to the central issue of contract interpretation raised on appeal despite the parties failure to cite or discuss the provision E. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them

assistant: The best answer is A. holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision
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 argues, first, the district court’s ruling is consistent with Alford because the court concluded not that Rashad could not have pleaded guilty but rather that, under the circumstances of this case, it would not have accepted such a plea. And that determination, according to the Government, should be reviewed only for abuse of discretion. The district court is certainly not required to accept every guilty plea it is tendered, let alone the guilty plea of every defendant who maintains his innocence; indeed, the district court has considerable discretion to decide whether a guilty plea is appropriate in the circumstances of the particular case. Alford, 400 U.S. at 38 n. 11, 91 S.Ct. at 168 n. 11; see, e.g., United States v. Shepherd, 102 F.3d 558, 562-64 (D.C.Cir.1996) (<HOLDING>); United States v. Preciado, 336 F.3d 739, 743 Options: A. recognizing timing of guilty plea and prejudice to codefendants rele vant when deciding whether to accept guilty plea B. holding entry of guilty plea waives challenges to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea emphasis added C. holding that the defendants guilty plea was valid where the district court carefully questioned the defendant about whether he understood the consequences of his guilty plea D. holding that a district court may accept a defendants guilty plea despite an absence of admission to criminal wrongdoing E. holding that a defendants guilty plea was unconditional where the guilty plea was not in writing and the government did not consent to it being conditional

assistant: The best answer is A. recognizing timing of guilty plea and prejudice to codefendants rele vant when deciding whether to accept guilty plea
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: they are not entitled to avoid the judicial lien. DISCUSSION Section 522(f)(1) of the Bankruptcy Code provides that the debtor may avoid most judicial liens “to the extent that such lien impairs an exemption to which the debtor would have been entitled ...” 11 U.S.C. § 522(f)(1) A debtor is entitled to avoid a judicial lien that impairs a homestead exemption even if the debtors have no equity in the property. Kolich v. Antioch Laurel Veterinary Hosp. Inc., (In re Kolich), 273 B.R. 199, 204 (8th Cir. BAP 2002)(citing F.D.I.C. v. Finn (In re Finn), 211 B.R. 780, 782-84 (1st Cir. BAP 1997) and quoting H.R.Rep. No. 835, 103d Cong., 2d Sess. 45 (1994)), aff'd, 328 F.3d 406 (8th Cir.2003). See also Higgins v. Household Fin. Corp. (In re Higgins), 201 B.R. 965, 967-968 (9th Cir. BAP 1996) (<HOLDING>); In re Whitehead, 226 B.R. 539, 541 Options: A. holding that a debt or could only exempt an item of property that exceeded the exemption limit by paying the difference between the value of the property and the exemption limit to the estate B. holding that congress has made it clear in amending section 522 that a lien will be deemed to impair an exemption even when there is no equity in the property if the sum of all the liens on the property and the hypothetical value of the exemption without liens exceeds the value of the debtors interest in the property in the absence of liens C. holding that a retained equity interest is property even if it has no market value D. holding that any property in which the taxpayer has any right title or interest is subject to foreclosure proceeding including property in which others claim an interest so long as all persons having liens or claiming any interest in the property are joined as parties to the suit E. holding that debtor could not avoid a judicial lien where after accounting for unavoidable liens and mortgages he had no equity in the property and therefore no interest on which to avoid the judicial lien

assistant: The best answer is B. holding that congress has made it clear in amending section 522 that a lien will be deemed to impair an exemption even when there is no equity in the property if the sum of all the liens on the property and the hypothetical value of the exemption without liens exceeds the value of the debtors interest in the property in the absence of liens
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: or harm that adversely affects a substantial right of a party. Windmon v. Marshall, 926 So.2d 867, 876 (Miss.2006) (quoting Busick v. St. John, 856 So.2d 304, 319 (Miss.2003)). ¶ 19. Here, the trial court ultimately concluded that the evidence was “improper and inadmissible.” We disagree. Evidence is relevant if it “tends to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” Miss. R. Evid. 401. Information regarding the Plaintiffs condition prior to the alleged negligence would certainly be relevant in this instance to determine whether or not Lewis had indeed suffered new and distinct injuries at the hands of either BEM or BEI. See Blake v. Clein, 903 So.2d 710, 724 (Miss.2005) (<HOLDING>). Therefore, it obviously was proper for Options: A. holding the procedural right to request a onetime change of physician during the course of treatment does not attach until claimant actually begins treatment with the initially authorized physician B. holding testimony about plaintiffs mental and physical state before treatment by physician was relevant C. recognizing physician assistant as agent of the supervising physician D. holding that such a physician was a state actor under 1983 E. holding that a claimant establishes a prima facie case for compensable medical treatment where a qualified physician indicates treatment was necessary for a workrelated condition

assistant: The best answer is B. holding testimony about plaintiffs mental and physical state before treatment by physician was relevant
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: Employee acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of Section 5.1 Section 5.2 , Section 5.3 or Section 5.4 hereof would be inadequate and, in recognition of this fact, Employee agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available.

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 legal provision and list the applicable contract clause categories. Provision: The invalidity and unenforceability of any particular provision of the Plan shall not affect any other provision hereof, and the Plan shall be construed in all respects as if such invalid or unenforceable provision were omitted herefrom.

assistant: Severability
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: Board, has the advantage of a three dimensional view of facts, including not just the black and white of what was said, but also witness demeanor and tone. On appeal, we are limited to a two-dimensional review of the facts as revealed in the written transcript of what was said, without the benefit of visually and audibly observing the witness’ demeanor and tone. As such, I believe it is more appropri ate to remand this matter to the Grievance Board for the determination of the appropriate sentence in light of our determination that the discipline previously imposed was a grossly inadequate punishment in light of the severity of the offense committed. See, e.g., State v. Richardson, 214 W.Va. 410, 416, 589 S.E.2d 552, 558 (2003) (Davis, J., concurring, in part, and dissenting, in part) (<HOLDING>). Accordingly, I respectfully dissent from my Options: A. recognizing that determination of appropriate sentence to be imposed should ordinarily be determined by the trial court on remand rather than at the appellate level B. holding that the constitutional level of punitive damages is not a finding of fact that must be determined by the jury it may be determined de novo by the court C. holding that the decision of the appellate court establishes the law of the case and it must be followed by the trial court on remand D. recognizing constitutional right to be present when sentence is imposed E. recognizing that the sentence imposed should be consistent with the protection of the public

assistant: The best answer is A. recognizing that determination of appropriate sentence to be imposed should ordinarily be determined by the trial court on remand rather than at the appellate level
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: known in late 1993 that the disclosure of a proba tioner’s HIV status to his employer, sister, and roommate was an unconstitutional infringement of the right [to privacy].” The district court, after construing the same cases, concluded that “the contours of the constitutional right to privacy as it relates to dissemination of one’s actual or potential HIV status were clearly established in 1993.” The plaintiff asserts that no less than seven federal courts outside of the Tenth Circuit have “recognized the existence of a constitutionally protected privacy interest in maintaining the confidentiality of an individual’s HIV status.” None of these cases, however, address the question we must decide. See Glover v. Eastern Nebr. Com. Office of Retardation, 686 F.Supp. 243, 250-51 (D.Neb.1988) (<HOLDING>), aff'd, Glover v. Eastern Nebr. Com. Office of Options: A. holding that a policy requiring employees to submit to mandatory aids testing can be enjoined as violative of the fourth amendment B. holding that the fourth amendment protects property as well as privacy C. holding that policy requiring strip searches of prisoners prior to transfer did not violate fourth amendment D. holding that random drug testing for student athletes did not violate their fourth amendment rights E. holding that impoundment of a vehicle can be a seizure under the fourth amendment

assistant: The best answer is A. holding that a policy requiring employees to submit to mandatory aids testing can be enjoined as violative of the fourth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds received by Borrower in connection with the Loan shall be used by Borrower exclusively to make capital contributions to Operator for purposes of marketing and general corporate purposes (including the payment of debt service) related to the casino known as Resorts World Catskills Casino located in Sullivan County, New York, and for no other purpose.

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 legal provision and list the applicable contract clause categories. Provision: The Purchaser is a corporation duly incorporated, validly existing, and in good standing under the Laws of the State of Utah and has full power and authority to enter into this Agreement and to perform its obligations hereunder. The Purchaser is duly licensed, qualified, or admitted to do business and is in good standing in all jurisdictions in which the failure to be so licensed, qualified, or admitted and in good standing, individually or in the aggregate with other such failure, would reasonably be expected to have a material adverse effect on the ability of the Purchaser to perform its obligations under this Agreement.

assistant: Organizations
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: under 15 U.S.C.A. § 45. Cf. Bristol-Myers, 786 F.Supp at 215-216 (showing of intentional copying insufficient for a section 349 violation where there was no showing of substantially different ingredients or any risk to public health in the sense contemplated by the statute). Although plaintiff argues that defendant’s product is unsafe, it has not, as detailed above, made a sufficiently strong showing on this point. To the extent that plaintiffs claims of violation of Gen.Bus.L. § 349 or § 350 rest on allegations of false advertising, plaintiff has failed to show a likelihood of success for the same reason that it has failed to show a likelihood of success on its Lanham Act false advertising claim. Cf. Towers Financial Corp. v. Dun & Bradstreet, 803 F.Supp. 820, 823 (S.D.N.Y.1992) (<HOLDING>). In its fifth cause of action, Kompan alleges Options: A. holding that defendants statement that it owned the rights to a trademark did not give rise to a false advertising claim under the lanham act B. holding that both lanham act false advertising claim and a false advertising claim made under section 349 or section 350 require a showing that the advertisement was false or misleading C. holding that while under a false association claim parties need not be direct competitors under a false advertising claim they do D. holding in a false advertising case under the lanham act that a proposed disclaimer would not suffice to cure the misleadingness of an advertising claim E. holding that false arrest and false imprisonment claim were not duplicative

assistant: The best answer is B. holding that both lanham act false advertising claim and a false advertising claim made under section 349 or section 350 require a showing that the advertisement was false or misleading
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: Id., 177 W.Va. at 322, 352 S.E.2d at 72. In Daily Gazette, we noted that “it seems evident that the legislature enacted these provisions with the ultimate purpose of improving the quality of medical care provided in the hospitals of this State.” Id., 177 W.Va. at 322, 352 S.E.2d at 71. See Mahmoodian v. United Hospital Center, Inc., 185 W.Va. 59, 65, 404 S.E.2d 750, 756 (1991), cert. denied — U.S. -, 112 S.Ct. 185, 116 L.Ed.2d 146 (1991), (noting that this Code section “evinces a public policy encouraging health care professionals to monitor the competency and professional conduct of their peers in order to safeguard and improve the quality of patient care”). In Daily Gazette, we also quoted from Jenkins v. Wu, 102 Ill.2d 468, 82 Ill.Dec. 382, 388, 468 N.E.2d 1162, 1168 (1984) (<HOLDING>) that “[T]he purpose of this legislation is not Options: A. holding that a similar hawaii statute violates equal protection B. holding transfer rule did not violate federal equal protection C. holding that failing to comply with hospital bylaws in connection with peer review proceeding did not vitiate peer review immunity D. holding a similar peer review confidentiality statute did not deny the plaintiffs equal protection E. holding that state and federal equal protection guarantees provide similar protections

assistant: The best answer is D. holding a similar peer review confidentiality statute did not deny the plaintiffs equal protection
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: 1731; Allen v. Scribner, 812 F.2d 426 (9th Cir.1987); Anderson v. Central Point Sch. Dist., 746 F.2d 505 (9th Cir.1984); and Thomas v. Carpenter, 881 F.2d 828 (9th Cir.1989) for the proposition that the law was clearly established). When Diaz acted in 2009, it was also clearly established under both Supreme Court and Ninth Circuit precedent that “the type of sanction ... ‘need not be particularly great in order to find that rights have been violated.’” Hyland v. Wonder, 972 F.2d 1129, 1135 (9th Cir.1992) (quoting Elrod v. Burns, 427 U.S. 347, 359 n. 13, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976)). It was also clearly established that deprivation of an employee’s salary is unconstitutional if levied in retaliation for protected speech. See Manhattan Beach, 881 F.2d at 818-19 (9th Cir.1989) (<HOLDING>). That we have not decided a case in which the Options: A. holding that if a fireman contributed to a pension fund on the basis of his salary plus longevity payments he would be entitled to pension payments computed on the same basis B. holding that salary is unconstitutionally withheld if on the basis of protected activities C. holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex D. holding the freedom of speech assembly and petition guaranteed by the first and fourteenth amendments gives petitioner the right to hire attorneys on a salary basis to assist its members in the assertion of their legal rights E. holding that peaceful picketing is protected through the first and fourteenth amendments on the basis of five supreme court decisions examining the question

assistant: The best answer is B. holding that salary is unconstitutionally withheld if on the basis of protected activities
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: Act did nothing more than replace the law into its prior position, the court would have little problem in applying this factor in favor of re-troactivity. However, the Act went well beyond the bounds of Supreme Court case-law. Congress added rights and liabilities that were never present in any prior civil rights case. By adding these, Congress destroyed a court’s ability to construe the Act as remedial and therefore its retroactive applicability. That this Act cannot be applied retroactively under the second factor because it is not simply remedial is supported the facts of Bradley itself. There, an attorney fee provision provided no new liability on the part of defendants, it only served as a new legal justification for the award of fees. Bradley, 416 U.S. at 724, 94 S.Ct. at 2022 (<HOLDING>). Additionally there, the Court found that the Options: A. holding proper basis for award of fees B. holding that where the plaintiffs copyright infringement claim was without a reasonable legal basis an award of attorneys fees to the defendants was a proper exercise of judicial discretion C. holding that an attorneys fees award is not appealable until the amount of the award is set D. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees E. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency

assistant: The best answer is A. holding proper basis for award of 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: this Court will address each of the IRS arguments in turn. 1. Marshaling as Applied to the United States The IRS contends that the doctrine of marshaling, as a matter of law, cannot be applied to the United States. This Court does not believe that application of a per se rule of such breadth is warranted. The IRS cites to five cases outside of this Circuit as authority for its assertion that the United States is immune to the marshaling doctrine: United States v. Herman, 310 F.2d 846, 848 (2nd Cir.1962)(stating that the Court would not “subject the government to a requirement that it marshall [sic] assets in favor of junior lienors, as this would create an extreme burden on the collection of revenue, unauthorized by statute.”); In re Ackerman II, 424 F.2d 1148, 1150 (9th Cir.1970)(<HOLDING>); United States v. Eshelman, 663 F.Supp. 285, Options: A. holding that the united states court of federal claims does not have jurisdiction to enter declaratory judgment that taxpayers were not liable for any type of federal income tax or to issue injunction permanently removing the tax liens on property and levies on wages B. recognizing federal constitutional claim against the united states C. holding that interest received by a foreign corporation on a tax refund from the united states was interest on an interestbearing obligation of a resident of the united states within income tax statute D. holding that a junior lienor cannot invoke the marshaling doctrine to prevent the united states from enforcing tax liens against property as to do so would create a substantial burden unauthorized by statute upon the collection of federal revenue E. holding that sovereign immunity does not bar extinguishment of united states junior lien in proceeding in which united states was not a party

assistant: The best answer is D. holding that a junior lienor cannot invoke the marshaling doctrine to prevent the united states from enforcing tax liens against property as to do so would create a substantial burden unauthorized by statute upon the collection of federal revenue
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 consent, approval, authorization or order of any court or Governmental Authority is required for the execution, delivery and performance by each Individual Borrower of, or compliance by each Individual Borrower with, this Agreement or the other Loan Documents or the consummation of the transactions contemplated hereby, other than those which have been obtained by Borrower.

assistant: Consents
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: you agree to defend , indemnify , and hold harmless the whatsapp parties from and against all liabilities , damages , losses , and expenses of any kind ( including reasonable legal fees and costs ) relating to , arising out of , or in any way in connection with any of the following : ( a ) your access to or use of our services , including information provided in connection therewith ; ( b ) your breach or alleged breach of our terms ; or ( c ) any misrepresentation made by you .

assistant: None