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: Tax Court); Howard County v. Fred W. Allnutt, Inc., 74 Md.App. 422, 538 A.2d 321 (1988)(priorities of liens for unpaid sales tax); Allnut v. Comptroller of Treasury, 77 Md.App. 424, 550 A.2d 728 (1988), cert. denied, 315 Md. 307, 554 A.2d 393 (1989)(denial of injunction to debtor to enjoin assessment and collection of Maryland income tax and imposing $1,275 sanction against Allnutt and counsel); Allnutt v. Commissioner, No. 9225-89, 1991 WL 2061 (U.S.Tax Ct. Jan. 14, 1991), aff'd by unreported opinion, 956 F.2d 1162 (4th Cir.1992), cert. denied, 506 U.S. 816, 113 S.Ct. 57, 121 L.Ed.2d 25 (1992)(upholding debtor's federal income tax liability for tax years 1981 through 1986, and imposing sanction of $25,000 against the debtor); Allnutt v. U.S., et al., No. 92-9778 (D.Md. June 21, 1993)(<HOLDING>); Allnutt v. Aronin, 8 F.3d 816, 1993 WL 431064 Options: A. holding that a retail seller was an agent of the state in the collection of taxes and thus owed a fiduciary duty toward the state B. holding the fact that an exempt owner who acquired legal title after date when liability for current taxes had accrued was the equitable owner did not make the exemption applicable C. holding that registration requirements that aid in the collection of taxes are valid exercise of congress power to tax D. holding that corporation and sole owner of corporation were separate legal entities and corporation was not party to contract signed by owner in individual capacity E. holding that allnutt was the sole owner of entities created by him to thwart collection of taxes

assistant: The best answer is E. holding that allnutt was the sole owner of entities created by him to thwart collection of taxes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or email attachment at the email address as set forth on the signature pages attached hereto at or prior to 5:30 p.m. Eastern Time on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or email attachment at the email address as set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. Eastern Time on any Trading Day, (c) the second (2nd) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto. To the extent that any notice provided pursuant to any Transaction Document constitutes, or contains, material, non-public information regarding the Company or any Subsidiaries, the Company shall simultaneously file such notice with the Commission pursuant to a Current Report on Form 8-K.

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 case excerpt and choose the best holding from the options. Case excerpt: 13-7-4(a) and (b). We base this conclusion on the plain language of the statute. Section 13-7-4 first defines “public nuisance” and then delineates the means by which such a public nuisance may be enjoined. Specifically, an individual may seek attorney general intervention under subsections 13-7-4(a) or (b) or initiate a civil suit under subsection 13-7-4(c). A court may award expenses under subsection 13-7-4(d) only when a covered entity “is determined or found not to be in violation of this act.” Utah Code Ann. § 13 — 7—4(d). Because a covered entity may be found innocent of an alleged violation in any of the enumerated types of claims, subsection 13-7-4(d) logically applies to all three of the remedial measures. See Clover v. Snowbird Ski Resort, 808 P.2d 1037, 1045 (Utah 1991) (<HOLDING>). In addition, the terms of subsection Options: A. holding that a contract will be read as a whole and the intent of each part will be gathered from a consideration of the whole B. recognizing that a statute should be read as comprehensive whole C. holding that limitations from the specification should not be read into the claims D. holding that when interpreting a statute or regulation courts must read the provisions of the law as a whole and in context E. holding that related provisions should be read together

assistant: The best answer is B. recognizing that a statute should be read as comprehensive whole
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 litigants] actually relied on [an] old rule [or] how they would suffer from retroactive application of a new one,’ ” Harper v. Virginia Department of Taxation, 509 U.S. 86, 95 n. 9, 113 S.Ct. 2510, 125 L.Ed.2d 74 (1993) (quoting James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 543, 111 S.Ct. 2439, 115 L.Ed.2d 481 (1991)). Third, even assuming that the risk contribution doctrine imposed retroactive liability and that judicial decisions in the civil law area were subject to constitutional challenge on retroactivity grounds, the doctrine does not violate either the Due Process or Takings Clause. As to the former, a civil statute that imposes retroactive liability -will be found to violate due process only if it is “arbitrary and irrational.” Usery, 428 U.S. at 15, 96 S.Ct. 2882 (<HOLDING>); see also Central States, SE & SW v. Midwest Options: A. holding that the right to recover a particular measure of damages in a workers compensation case is fixed as of the date of injury B. holding that a transfer of work was a mandatory subject of bargaining because the motivation for the shift was to cut labor costs C. holding that the facts did not measure up to the standard expressed for determining procedural due process D. holding that black lung compensation scheme satisfied due process because it was a rational measure to spread the costs of the employees disabilities to those who have profited from the fruits of their labor E. holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure

assistant: The best answer is D. holding that black lung compensation scheme satisfied due process because it was a rational measure to spread the costs of the employees disabilities to those who have profited from the fruits of their labor
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: controlled substances. 21 U.S.C. § 841(a), (b). In the case of an offense involving 50 grams or more of methamphetamine, § 841(b) (1) (A) (viii) provides that the term of imprisonment will be at least 10 years and not more than life imprisonment. 21 U.S.C. § 841 (b)(1)(A)(viii). Villegas-Ortiz was sentenced to 120 months of imprisonment, pursuant to U.S.S.G. § 5Gl.l(b), because the statutorily required minimum sentence for his offense, pursuant to 21 U.S.C. § 841(b)(1)(A), was greater than the maximum of the applicable guidelines range. We have upheld the constitutionality of 21 U.S.C. § 841(b)(l)’s mandatory minimum sentencing provisions against due process, equal protection, and Eighth Amendment challenges. See United States v. Holmes, 838 F.2d 1175, 1177-78 (11th Cir.1988) (<HOLDING>); United States v. Willis, 956 F.2d 248, 251 Options: A. holding that 841bls prescribed mandatory minimum penalties which are based in part upon the quantity of drugs implicate apprendi B. holding that the tdjcs prohibition on long hair and beards is rationally related to legitimate state objectives C. holding that 841bls mandatory minimum provisions were rationally related to the objectives of protecting public health and welfare D. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory E. holding 1001 ratio is rationally related to objective of protecting public welfare because cocaine base is more dangerous to society than cocaine powder

assistant: The best answer is C. holding that 841bls mandatory minimum provisions were rationally related to the objectives of protecting public health and welfare
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: At the closing of the funding, the Company agrees to pay out of the proceeds a total of $4,500.00, to Buyer, representing Buyer counsel fees and other expenses incurred by Buyer for its research & due diligence.

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: In the event that this Agreement shall terminate, all provisions of this Agreement shall terminate and shall be void, except Section 7.02 and Articles I and VIII and shall survive any such termination indefinitely. The termination of this Agreement shall not relieve any party from any liability for any breach by a party 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: Hills Club Apartments, 68 So.3d 954, 957 (Fla. 3d DCA 2011); Paddock v. Chacko, 522 So.2d 410, 416 (Fla. 5th DCA 1988). One can “assume” such a duty by takin lity alone. Aguila, 878 So.2d at 396. A duty requires one to be in a position to “control the risk.” Id, Thus, in cases of psychiatric facilities, they are liable for a patient’s self-harm because they are “in a position to exercise measures to prevent the suicidal patients from inflicting injuries on themselves.” See Paddock, 522 So.2d at 416. But where a patient commits suicide outside of a facility’s “range of observation and control,” a duty is not present. See Tuten, 84 So.3d at 1068. See also Peklun v. Tierra Del Mar Condo. Ass’n, 25 Fla. L. Weekly Fed. D 226, 119 F.Supp.3d 1361, 2015 WL 4638602 (g.D.Fla. Aug. 4, 2015) (<HOLDING>). In the instant case, Regions did not assume a Options: A. holding that a nocontact order did not violate the right to freedom of association B. holding that regulatory enforcement by a highschool athletic association was state action for the purposes of the fourteenth amendment due to the pervasive entwinement between the athletic association and public schools and officials C. holding that it was unreasonable to believe that womans boyfriend had authority to consent to the search of her purse even though he had authority to consent to the search of the car in which it was kept D. holding that expert report that sufficiently addressed certain claims against doctor employed by professional association was sufficient as to claims against professional association based on doctors negligence because the doctors negligence is imputed to the association under the professional association act E. holding a condominium association had no duty to a woman who had committed suicide after the association removed the womans dog because while the association knew the dog was essential to the womans will to live the association had no authority to prevent the womans suicide

assistant: The best answer is E. holding a condominium association had no duty to a woman who had committed suicide after the association removed the womans dog because while the association knew the dog was essential to the womans will to live the association had no authority to prevent the womans suicide
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: IHS will, and will cause each Loan Party to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03 . IHS will, and will cause each Subsidiary (other than an Immaterial Subsidiary) to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names except to the extent that the failure to so preserve, renew and keep in full force and effect any of the foregoing could not reasonably be expect to result in a Material Adverse Effect.

assistant: Existence
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: a statement by you , made under penalty of perjury , that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner 's behalf .

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

user: 2. Each Recipient Party with respect to Confidential Information received by it hereunder shall: D. Not copy or otherwise duplicate such Confidential Information, or knowingly allow anyone else to copy or otherwise duplicate any such Confidential Information without the Disclosing Party's prior written approval.

assistant: No
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a device into the package to notify them when the package was opened. 4 . Although not relevant here, it is worth noting that there is a remaining question — unresolved in the Supreme Court and the Fourth Circuit — concerning whether letter mail is an exception to the general rule that border searches are per se constitutionally reasonable. Although the Supreme Court and the Fourth Circuit have acknowledged the question, both have thus far declined to decide it. See Ramsey, 431 U.S. at 611, 97 S.Ct. 1972 (declining to reach this question because the search in issue was justified by reasonable cause to suspect the unlawful importation of contraband); United States v. Safari, 849 F.2d 891 (4th Cir.1988) (same). 5 . See also United States v. Bilir, 592 F.2d 735, 740 (4th Cir.1979) (<HOLDING>). 6 . Section 1581 authorizes "[a]ny officer of Options: A. holding that seven hours was a reasonable amount of time to deliberate meaningfully about the choice B. recognizing the search of incoming international mail at or near the arrival airport to be a search at the functional equivalent of the border C. holding that a search less four miles from the border was a border search where the vehicle was searched seven hours after crossing the united states border from mexico but continuously surveilled during those seven hours D. holding that plaintiffs had standing to challenge stops by the united states border patrol because plaintiffs could be stopped without engaging in illegal conduct E. holding that delay of several hours after the vehicle was seized was reasonable

assistant: The best answer is C. holding that a search less four miles from the border was a border search where the vehicle was searched seven hours after crossing the united states border from mexico but continuously surveilled during those seven hours
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 DEED OF TRUST AND THE LIENS, SECURITY INTERESTS AND OTHER RIGHTS GRANTED BY AND UNDER THIS DEED OF TRUST WILL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Award Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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: Qureshi and parents. 3 . The plaintiff also sued Principal Johnson for abuse of a teacher, but she conceded at the pretrial conference of this case that she will forgo this claim. 4 . These latter non-suspension-related allegations are substantive due process claims because the plaintiff argues that these actions were categorically unconstitutional, not that they were unconstitutional because they were taken before she received notice and an opportunity to be heard. See Charles v. Baesler, 910 F.2d 1349, 1352-53 (6th Cir.1990). 5 . The collective bargaining agreement between the JCTA and the Board (the "CBA”) does appear to grant the plaintiff a property interest in continued pay and benefits since it provides that a teacher may be suspended only for "just cause.” See Cleveland Bd 85)(<HOLDING>); with Gillard v. Norris, 857 F.2d 1095, 1098 Options: A. holding that fiveday suspension was not de minimis deprivation where it was unreviewable under state law and included first amendment claims B. holding that district court properlydiscounted four calls as de minimis C. holding that trial court did not abuse its discretion in denying defendants motion to dismiss on de minimis grounds where his expert witness testimony was inadmissible D. holding that a robbery of 40 to 50 satisfied the de minimis standard E. holding that a suspension from employment and deprivation of duties and equipment constitute discrete acts

assistant: The best answer is A. holding that fiveday suspension was not de minimis deprivation where it was unreviewable under state law and included first amendment claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the circumstances and reverse only in exceptional cases where the trial court’s decision cannot be located within the range of permissible decisions.” United States v. Mason, 692 F.3d 178, 181 (2d Cir.2012) (citation and internal quotation marks omitted). The district court committed no procedural error. Dean first argues that the district court erred in applying Guidelines § 4B 1.5(b) to enhance his sentence for engaging “in a pattern of activity involving prohibited sexual conduct.” But a “pattern of activity” requires only “two separate. occasions” of prohibited conduct, and Dean concedes that he engaged in at least two prohibited sexual acts with the victim in this case. U.S.S.G. § 4B1.5(b) cmt. 4(B)(i); see United States v. Broxmeyer, 699 F.3d 265, 284-85 (2d Cir.2012) (<HOLDING>). The Guidelines do not require two separate Options: A. holding that the two instances may include the charged conduct B. holding that the commissions express prohibition of double counting in certain instances indicates its intent to permit double counting in other instances C. holding extraneous conduct subsequent to the charged offense admissible D. holding that the admission of rule 404b evidence is proper in a drug case where nine years elapse between the prior conduct and the conduct charged E. holding that when two underlying offenses are charged in an indictment for capital murder the state need only prove one of the two offenses to support the conviction

assistant: The best answer is A. holding that the two instances may include the charged conduct
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: Virgin/Island Defendants have correctly observed in them papers, the flow of events in this case does not parallel that of Update Art and its progeny. See Update Art, 843 F.2d at 73 (“As the applicability of American copyright laws over the Israeli newspapers depends on the occurrence of a predicate act in the United States, the geographic location of the illegal reproduction is crucial If the illegal reproduction of the poster occurred in the United States and then was exported to Israel, the magistrate properly could include damages accruing from the Israeli newspapers. If ... this predicate act occurred in Israel, American copyright laws would have no application .... ”); Cf. Shaw v. Rizzoli Int'l Pubs., Inc., No. 96 CIV. 4259(JGK), 1999 WL 160084, at *3-4 (S.D.N.Y. Mar.23, 1999) (<HOLDING>); FunDamental Too, 1996 WL 724784, at *6 Options: A. holding that summary judgment in favor of the defendant was appropriate because the plaintiff failed to designate evidence that demonstrates that the defendant abused the qualified privilege B. holding that summary judgment is not appropriate where matters of credibility and determining the weight of the evidence exist C. holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them D. holding that the trial court correctly entered summary judgment in favor of defendant and denied plaintiffs motion for summary judgment where plaintiff failed to establish by clear and convincing evidence that defendant breached its duty to act in good faith E. holding where parties agreed that both the english and italian versions of the rizzoli publications were compiled and printed entirely in italy by defendant rcs an italian corporation that summary judgment was appropriate as to the publications distributed in italy

assistant: The best answer is E. holding where parties agreed that both the english and italian versions of the rizzoli publications were compiled and printed entirely in italy by defendant rcs an italian corporation that summary judgment was appropriate as to the publications distributed in italy
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: shall discharge the prisoner or resentence hi ant is found guilty on a multicount indictment, there is a strong likelihood that the district court will craft a disposition in which the sentences on the various counts form part of an overall plan. When the conviction on one or more of the component counts is vacated, common sense dictates that the judge should be free to review the efficacy of what remains in light of the original plan, and to reconstruct the sentencing architecture upon remand, within applicable constitutional and statutory limits, if that appears necessary in order to ensure that the punishment still fits both the crime and the criminal. United States v. Pimienta-Redondo, 874 F.2d 9, 14 (1st Cir.1989), cert. denied, 493 U.S. 890, 110 S.Ct. 233, 107 L.Ed.2d 185 (1989) (<HOLDING>). Furthermore, a court sentencing a defendant Options: A. holding that resentencing is required B. holding that in addition to a remand for clarification another option in these circumstances is to remand for resentencing C. holding that the double jeopardy clause did not bar resentencing on counts that were affirmed on appeal when a sentence of imprisonment on another count was vacated D. holding that on direct appeal appellate court may remand for resentencing of all counts E. holding that issues underlying all counts were sufficiently intertwined that the separate appeal of the summary judgment counts would complicate the trial of the remaining counts

assistant: The best answer is D. holding that on direct appeal appellate court may remand for resentencing of all counts
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: certain or capable of being ascertained from the contract itself,” Howell v. Allen & Co., 8 N.C. App. 287, 289, 174 S.E.2d 55, 56 (1970), “[w]here the parties have attempted to put in writing an agreement fixing the rights and duties owing to each other, courts will not deny relief because of vagueness and uncertainty in the language used, if the intent of the parties can be ascertained.” Goodyear v. Goodyear, 257 N.C. 374, 379, 126 S.E.2d 113, 117 (1962). For that reason, since “[t]he law . . . does not favor the destruction of contracts on account of uncertainty,” “courts should attempt to determine the intent of the parties from the language used, construed with reference to the circumstances surrounding the making of the contract.” Welsh v. Northern Telecom, S.E.2d 6, 8 (1992) (<HOLDING>), the parties did actually reach a complete Options: A. 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 B. 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 C. holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law D. holding that the appropriate standard of review is abuse of discretion E. holding that a parents agreement to assist his children in obtaining a college education was unenforceable given the absence of any standard by which an appropriate level of assistance could be determined

assistant: The best answer is E. holding that a parents agreement to assist his children in obtaining a college education was unenforceable given the absence of any standard by which an appropriate level of assistance could be determined
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: At the signing of this Agreement, Hans Kemp and Bob Mooney of Flinn Ferguson represented the Sublessor, and Parker Ferguson and Matt Hermsen of Flinn Ferguson represented the Sublessee. Each party signing this document confirms that prior oral and/or written disclosure of dual agency was provided to him or her in this transaction. Sublessor shall be responsible to pay the commission due to the brokers pursuant to a separate agreement. Each party represents to the other that it has engaged no other agent broker or agent in connection with the negotiation leading to this agreement, and shall hold the other harmless from any claim or demand from any other agent or broker claiming to have acted on behalf of the indemnifying party in connection with this agreement or the purchase and sale transaction, or from any claim by the respective brokers referred to in this paragraph for compensation in excess of that provided for in this paragraph.

assistant: Brokers
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 (b) the harm is suffered because of the other’s reliance upon the undertaking. Restatement (Second) of Torts § 323 (1977). As stated by Am. Jur.2d Negligence § 208, at 255 (1989), “Where one undertakes an act which he has no duty to perform and another reasonably relies upon that undertaking, the act must generally be performed with ordinary or reasonable care.” We relied on this principle in establishing a duty in DCR Inc. v. Peak Alarm Co., 663 P.2d 433, 436 (Utah 1983), and cited it in dictum in Weber v. Springville City, 725 P.2d 1360, 1364 (Utah 1986). We have held that a governmental entity has no general duty to fence in waterways. See Brinkerhoff v. Salt Lake City, 13 Utah 2d 214, 371 P.2d 211 (Utah 1962). We have not yet decided, and decline to do s 390 N.Y.S.2d 341 (1976) (<HOLDING>). Nelson’s status as a minor is also relevant Options: A. holding that a prima facie case is subject to independent review B. holding prima facie case against city where child crawled through hole in playground fence and suffered injury on train tracks C. holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence D. recognizing that a plaintiffs burden in establishing a prima facie case is not onerous E. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1

assistant: The best answer is B. holding prima facie case against city where child crawled through hole in playground fence and suffered injury on train tracks
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: Client agrees to timely pay all fees set forth on Schedule 1 annexed hereto, all of which fees shall be fully earned and payable when due, may be charged by WFB to the Client Ledger Account and shall not be subject to refund, rebate or proration for any reason whatsoever.

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: Simpkins v. Snow, 139 N.H. 735, 740, 661 A.2d 772 (1995) (quoting Chagnon v. Union Leader Corp., 103 N.H. 426, 437, 174 A.2d 825 (1961)). In Jones v. Walsh, 107 N.H. 379, 222 A.2d 830 (1966), the New Hampshire Supreme Court noted the applicability of such a privilege “ ‘when the circumstances induce a correct or reasonable belief that (a) facts exist which affect a sufficiently important interest of the publisher, and (b) the recipient’s knowledge of the defamatory matter will be of service in’ the lawful protection of the interest,” ’ provided the recipient has a social or legal duty which is likely to prove useful in protecting the interest. Id. at 381, 222 A.2d 830 (quoting Restatement of Torts § 594 (1934)); see also Supry v. Bolduc, 112 N.H. 274, 276-77, 293 A.2d 767 (1972) (<HOLDING>). A number of courts have recognized a similar Options: A. recognizing privilege B. holding that a zoning ordinance impinging upon a landowners desired use of his property does not offend substantive due process norms so long as the regulation is not clearly arbitrary and unreasonable having no substantial relation to the public health safety morals or general welfare C. holding that placement of property in baltimore countys rc4 resource conservation zone did not constitute a deprivation of the landowners constitutional rights to either equal protection or substantive due process D. recognizing privilege for adjoining landowners defamatory statements about plaintiff to zoning board given landowners private interest in the protection of her property to advance E. holding that where a zoning board had no authority under state law to take certain actions with respect to a protected property interest a trier of fact could conclude that there was no rational basis for the towns zoning boards actions and that as a result the zoning board violated appellants rights to substantive due process

assistant: The best answer is D. recognizing privilege for adjoining landowners defamatory statements about plaintiff to zoning board given landowners private interest in the protection of her property to advance
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 termination of Executive’s employment, Executive shall be deemed to have resigned from all officer and management positions then held with the Company. Following any termination of employment and prior to the last day of Executive’s employment, Executive shall reasonably cooperate with the Company in the winding up of pending work on behalf of the Company and the orderly transfer of work to other employees. Executive shall also cooperate with the Company in the defense of any action brought by any third party against the Company that relates to Executive’s employment by the Company at the Company’s sole cost and expense.

assistant: Cooperation
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: Except as provided in this Section 14.2 , all communications and notices provided for hereunder shall be in writing (including bank wire, telecopy or electronic facsimile transmission or similar writing) and shall be given to the other parties hereto at their respective addresses or telecopy numbers set forth on the signature pages hereof or at such other address or telecopy number as such Person may hereafter specify for the purpose of notice to each of the other parties hereto. Each such notice or other communication shall be effective if given by telecopy, upon the receipt thereof, if given by mail, three (3) Business Days after the time such communication is deposited in the mail with first class postage prepaid or if given by any other means, when received at the address specified in this Section 14.2 . Seller hereby authorizes Agent and the Purchasers to effect Purchases and Rate Tranche Period and Discount Rate selections based on telephonic notices made by any Person whom Agent or applicable Purchaser in good faith believes to be acting on behalf of Seller. Seller agrees to deliver promptly to Agent and each applicable Purchaser a written confirmation of each telephonic notice signed by an authorized officer of Seller; provided , however , the absence of such confirmation shall not affect the validity of such notice. If the written confirmation differs from the action taken by Agent and/or the applicable Purchaser, the records of Agent and/or the applicable Purchaser shall govern absent manifest error.

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: This Agreement will be governed by the laws of the State of New York without regard to conflicts of laws principles. Any controversy or claim arising out of, or relating to, this Agreement, or the making, performance, or interpretation thereof, shall be adjudicated by the Courts of New York and may only be brought by a party if it is permitted pursuant to and is brought in accordance with the provisions of this Article VI . No party may bring any claim for breach, loss or damage arising out of, or relating to, this Agreement, or the making, performance, or interpretation thereof, unless the party bringing such claim is entitled to indemnification for such breach, loss or damage pursuant to Article VI of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by contrast, the Federal Rules of Evidence are inapplicable, see Fed.R.Evid. 1101(d)(3); Williams v. New York, 337 U.S. 241, 250-51, 69 S.Ct. 1079, 1084-85, 93 L.Ed. 1337 (1949) (endorsing the use of hearsay evidence at sentencing), and hearsay normally may be considered subject only to the modest due process requirement that it bear “some minimal indicium of reliability beyond mere allegation,” United States v. Baylin, 696 F.2d 1030, 1040 (3d Cir.1982); see also 18 U.S.C. § 3661 (“No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence.”); United States v. Sciarrino, 884 F.2d 95, 97 (3d Cir.) (<HOLDING>), cert. denied, — U.S. -, 110 S.Ct. 553, 107 Options: A. holding that even in the absence of a sixth amendment violation the imposition of a sentence under the former mandatory guidelines regime rather than under the advisory regime outlined in booker is plain error B. holding that judicial factfinding at sentencing is permissible indeed required under an advisory guidelines regime C. holding that sentencing under the mandatory guidelines regime creates a presumption of prejudice that the government must rebut with clear and specific evidence that the district court would not have sentenced the defendant to a lower sentence if it had treated the guidelines as advisory D. holding that the reliability analysis is not heightened by the shift from an unstructured sentencing regime to a more determinate guidelines system E. holding that the application of the determinate sentencing law parolesuitability guidelines to prisoners sentenced under the indeterminate sentencing law does not disadvantage them

assistant: The best answer is D. holding that the reliability analysis is not heightened by the shift from an unstructured sentencing regime to a more determinate guidelines system
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 connection between plaintiff and the fictional character. However, by relying on these alleged similarities, which are not found within the four corners of the allegedly libelous article, the majority contravenes established case law in this area. If additional facts are required to show the identity of the allegedly defamed person, then the statement cannot be said to be defamatory on its face. Our appellate court has repeatedly held that " 'the injurious character of the statement *** cannot be considered so obvious as to justify dispensing with proof of actual damages’ [z.e., the statement cannot be libelous per se] where additional explanation is required to establish a person’s identification with the publication.” Schaffer v. Zekman, 196 Ill. App. 3d 727, 732-33 (1990) (<HOLDING>), quoting Moore v. Streit, 181 Ill. App. 3d Options: A. holding statements regarding plaintiffs unsatisfactory job performance not defamatory per se B. holding that news broadcast which fell within several of the historical categories for per se defamation was not defamatory per se where plaintiffs identity was not shown on its face C. holding that per se statutory rule is not permissible under fourth amendment D. holding such agreements to be per se illegal E. holding that violation of state law was not a per se constitutional violation

assistant: The best answer is B. holding that news broadcast which fell within several of the historical categories for per se defamation was not defamatory per se where plaintiffs identity was not shown on its face
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall commence effective as of January 31, 2017 and continue until December 31, 2018, subject to the Executive’s re-election to the Board by the stockholders of the Company (the “Term”). Notwithstanding the foregoing, in the event a Change in Control (as defined in Section 5(c)) occurs during the Term, or should the Company enter into a definitive agreement during the Term that would result in a Change in Control occurring after what would otherwise have been the end of the Term, then in either case the Term shall be extended until 18 months after the Change in Control. The parties acknowledge that, upon the termination of this Agreement at the end of the Term, the Executive’s employment will automatically terminate and, thereafter, he shall be entitled to receive compensation solely in his role as a director of the Company in accordance with the Company’s director compensation program in effect at such time and consistent with the compensation paid to the independent directors of the Company.

assistant: 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: has experience with gangs would be helpful to the jury. That, however, is not the precise issue. Rather, the issue is whether it is helpful to the jury, in making the determination as to whether a particular group constitutes a criminal gang, to hear from an expert concerning the primary activities of that particular group or association. Neither the Minnesota Supreme Court nor the Court of Appeals has had cause to visit this precise question. Those jurisdictions that have addressed the issue, however, have held that, upon establishing proper foundation and meeting the helpfulness requirement, a police officer may offer an expert opinion as to whether a group or association constitutes a criminal gang. See People v. Gardeley, 14 Cal.4th 605, 59 Cal.Rptr.2d 356, 927 P.2d 713, 722 (1996) (<HOLDING>); State v. Lewis, 514 N.W.2d 63, 68 (Iowa 1994) Options: A. holding that murder committed by minor gang members was not foreseeable result of sale of alcohol to gang members B. holding that experts testimony as to aspects of gang culture relevant to the case including requirements of members obedience silence and staunch defense of other gang members and the punishment meted out to a gang member who violates these requirements went to factual matters outside the experience of the average juror C. holding that expert testimony by police officer based on conversations with defendants family crip members personal investigations of crimes committed by gang members and information from colleagues and law enforcement organizations was admissible and gave jury sufficient grounds to find that group constituted a criminal street gang defined as 1 an ongoing organization of three or more persons 2 that shares a common name or identifying symbol 3 and has as one of its primary activities the commission of one or more enumerated crimes D. holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with E. holding that active participation in a criminal street gang means that there is a relationship between the defendant and the gang that is more than nominal passive inactive or purely technical and that defendant must devote all or a substantial part of his time and efforts to the gang

assistant: The best answer is C. holding that expert testimony by police officer based on conversations with defendants family crip members personal investigations of crimes committed by gang members and information from colleagues and law enforcement organizations was admissible and gave jury sufficient grounds to find that group constituted a criminal street gang defined as 1 an ongoing organization of three or more persons 2 that shares a common name or identifying symbol 3 and has as one of its primary activities the commission of one or more enumerated crimes
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: that Prieto-Rubio expressly left open the question of whether a right-to-counsel violation justifies exclusion of evidence only as to the case for which defendant had appointed counsel at the time of the unlawful interrogation. See Prieto-Rubio, 359 Or at 38 n 5. However, because that issue was not raised in the initial briefing, the state concedes for purposes of this case that an exploitation analysis is appropriate. 7 Under ORS 135.335(3), a defendant who enters a conditional guilty plea and “finally prevails on appeal may withdraw the plea.” The Supreme Court has interpreted “the plea” to mean “the entire plea,” even when some of the counts encompassed by the plea would not otherwise be subject to the reversal. State v. Tannehill, 341 Or 205, 210-12, 141 P3d 584 (2006); id. at 211 (<HOLDING>). In this case, defendant’s conditional plea Options: A. recognizing that a single guilty plea may embody a series of interrelated concessions between the parties and allows the defendant to withdraw the entire plea when one part of the agreement fails B. holding that a defendant who is allowed to withdraw his plea must either withdraw his plea to all charges or to none when his plea to all charges was part of an agreement with the state C. recognizing that where a guilty plea is shown to be constitutionally invalid leave to withdraw the plea is constitutionally mandated D. holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea E. holding that a defendant may withdraw a guilty plea as a matter of right before it is accepted by the court based on ndr crim p 32d3 which states that a defendant may not withdraw his plea of guilty as a matter of right once the plea has been accepted by the court alteration in original

assistant: The best answer is A. recognizing that a single guilty plea may embody a series of interrelated concessions between the parties and allows the defendant to withdraw the entire plea when one part of the agreement fails