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: DHHS focused only on Sarah. 2 DHHS’s assumption is faulty, in light of the current state of Arkansas law as to the collateral-estoppel effect of a guilty plea in a subsequent civil proceeding. In Zinger v. Terrell, 336 Ark. 423, 985 S.W.2d 737 (1999), the supreme court overruled prior case law and held that the criminal conviction of a life-insurance beneficiary of first-degree murder of the insured following a trial collaterally estopped the retrial of certain issues in a later civil trial concerning the disposition of the proceeds of the insurance policy. The court cautioned that it did not address the issue of collateral estoppel for criminal convictions other than murder and that it did not overrule Washington National Insurance Co. v. Clement, 192 Ark. 371, 91 S.W.2d 265 (1936) (<HOLDING>). 3 In its statement of the case, DHHS states: Options: A. holding the same for malicious prosecution B. holding that states nonproseeution agreement did not bar subsequent federal prosecution C. holding that a judgment in a criminal prosecution for dwi did not bar a subsequent civil proceeding founded on the same facts D. holding that a criminal acquittal does not have collateral estoppel effect on a later civil forfeiture proceeding based on the same conduct E. holding that foreign states prosecution did not bar subsequent florida prosecution for same conduct

assistant: The best answer is C. holding that a judgment in a criminal prosecution for dwi did not bar a subsequent civil proceeding founded on the same facts
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: the services , with the exception of certain products and services provided though the under armour-branded websites and certain widgets that we make available as tools for website owners ( collectively , the `` commercial tools '' ) , are intended only for your personal , non-commercial use .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has the right to confront those who testify against him or her and the right to conduct cross-examination. Pennsylvania v. Ritchie, 480 U.S. 39, 51, 107 S.Ct. 989, 998, 94 L.Ed.2d 40 (1987). When a juror communicates objective extrinsic facts regarding the defendant or the alleged crimes to other jurors, the juror becomes an unsworn witness within the meaning of the Confrontation Clause. See United States v. Howard, 506 F.2d 865, 866 (5th Cir.1975); United States ex rel. Owen v. McMann, 435 F.2d 813, 817 (2d Cir.1970), cert. denied, 402 U.S. 906, 91 S.Ct. 1373, 28 L.Ed.2d 646 (1971). That the unsworn testimony comes from a juror rather than a court official does not diminish the scope of a defendant’s rights under the Sixth Amendment. See Lawson v. Borg, 60 F.3d 608, 612 (9th Cir.1995) (<HOLDING>). Jeffries III correctly determined that the Options: A. holding that a jurors communication about the defendants reputation for violence deprived the defendant of his rights to confrontation crossexamination and assistance of counsel embodied in the sixth amendment B. holding that a new york statute allowing judges in a criminal bench trial to deny counsel the opportunity to make a closing argument deprived defendant of his sixth amendment right to the assistance of counsel C. recognizing that the sixth amendment guarantees the right to effective assistance of counsel D. holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest E. holding that the sixth amendment right to counsel embodies the right to effective assistance of counsel

assistant: The best answer is A. holding that a jurors communication about the defendants reputation for violence deprived the defendant of his rights to confrontation crossexamination and assistance of counsel embodied in the sixth 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: If the Participant’s employment is terminated because of the Participant’s death, the Participant’s participation in the Plan will terminate without further obligations of the Company to the Participant or the Participant’s legal representatives under the Plan other than (i) the payment of Accrued Obligations as described in Section 5.1(a), (ii) the payment of the Pro Rata Bonus as described in Section 5.1(c)(ii), (iii) the payment of the benefits described in Section 5.1(c)(iii), and (iv) the timely payment or provision of Other Benefits as described in Section 5.1(b) of the Plan. The Accrued Obligations and the Pro Rata Bonus will be paid to the Participant’s estate or beneficiary, as applicable. Other Benefits as used in this Section 5.2 will include, without limitation, and the Participant’s estate and/or beneficiaries will be entitled to receive, benefits under such plans, programs, practices and policies relating to death benefits, if any, as are applicable to the Participant on the date of his death pursuant to the terms of such Other Benefits.

assistant: Death
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 Option is subject to adjustment (including with respect to vesting of the Option Shares) upon certain changes in the Company’s common stock and certain other events, including a Change in Control Event or a Reorganization Event, as provided in Section 11 of the Plan.

assistant: Adjustments
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 reliance on the representations, warranties, covenants and agreements contained in this Second Amendment, and subject to the satisfaction of the conditions precedent set forth in Section 2 hereof, the Credit Agreement is hereby amended, effective as of the Second Amendment Effective Date, in the manner provided in this Section 1 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and Administrative Agent may continue to deal solely and directly with the assigning Lender in connection with the interest so assigned to an Eligible Assignee until such time as (i) written notice of such assignment, together with payment instructions, addresses and related information with respect to the Eligible Assignee shall have been given to the Borrower and Administrative Agent by the assigning Lender and the Eligible Assignee; (ii) the assigning Lender and the Eligible Assignee shall have delivered to the Borrower and Administrative Agent an Assignment and Assumption. Upon request, Borrower will execute and deliver to Administrative Agent an appropriate replacement promissory note or replacement promissory notes in favor of each assignee (and assignor, if such assignor is retaining a portion of its applicable Commitment and advances) reflecting such assignee’s (and assignor’s) portion of the applicable Commitment. Upon execution and delivery of such replacement promissory note(s) the original promissory note or notes evidencing all or a portion of the Commitment being assigned shall be canceled and returned to Borrower.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: material contractual obligation means any obligation ( i ) which is necessary for the fulfillment of the agreement , ( ii ) the breach of which would jeopardize the purpose of the agreement and ( iii ) the compliance with which you may generally trust in .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Effective as of the Amendment Effective Date, the Original Credit Agreement is hereby amended as set forth in the marked terms on Exhibit A attached hereto (the “ Amended Credit Agreement ”). In Exhibit A hereto, deletions of text in the Amended Credit Agreement are indicated by struck-through text, and insertions of text are indicated by underlined text.

assistant: Amendments
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: None of the Company or any Subsidiary will enter into any Sale/Leaseback Transaction unless (a) the sale or transfer of the property thereunder is permitted under Section 6.05 , (b) any Capital Lease Obligations arising in connection therewith are permitted under Section 6.01 and (c) any Liens arising in connection therewith (including Liens deemed to arise in connection with any such Capital Lease Obligations) are permitted under Section 6.02 .

assistant: Sales
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 exercise of this Option and the issuance of Shares shall be subject to compliance by the Company and Optionee with all applicable requirements of U.S. federal and state, and local securities laws and with all applicable requirements of any stock exchange or national market system on which the Company’s Common Stock may be listed at the time of such issuance. Optionee understands that the Company is under no obligation to register or qualify the Shares with the Securities and Exchange Commission, any U.S. state or local securities commission or any stock exchange or national market system on which the Company’s Common Stock may be listed at the time of such issuance or transfer.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: but whether you choose arbitration or small-claims court , you may not under any circumstances commence or maintain against the company any class action , class arbitration , or other representative action or proceeding .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive’s initial annual base salary will be $550,000, less applicable withholdings and deductions, payable according to UnitedHealth Group’s regular payroll schedule. Periodic adjustments to Executive’s base salary may be made in UnitedHealth Group’s 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: Every notice or other communication relating to this Agreement between the Company and the Participant shall be in writing, and shall be mailed to or delivered to the party for whom it is intended at such address as may from time to time be designated by it in a notice mailed or delivered to the other party as herein provided; provided that, unless and until some other address be so designated, all notices or communications by the Participant to the Company shall be mailed or delivered to the Company at its principal executive office, to the attention of the Company’s General Counsel, and all notices or communications by the Company to the Participant may be given to the Participant personally or may be mailed to the Participant at the Participant’s last known address, as reflected in the Company’s records. Notwithstanding the above, all notices and communications between the Participant and any third-party plan administrator shall be mailed, delivered, transmitted or sent in accordance with the procedures established by such third-party plan administrator and communicated to the Participant from time to time.

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: child who is incapacitated by a disability. See id. at 117; Sininger v. Sininger, 300 Md. 604, 479 A.2d 1354, 1358 (1984) (interpreting what is now Md.Code Ann., Fam.Law § 13-102(b) (1991), which requires parents to support adult children who cannot be self-supporting due to mental or physical infirmity). While parents may be under a legal obligation to support an adult child in some cases, the District of Columbia courts have not addressed the question of postmajority parental recovery of expenses in such a ease, and the plaintiffs have cited no authority from other jurisdictions to support their position. They rely on Martell v. Boardwalk Enters., 748 F.2d 740 (2nd Cir.1984), but that case is inapposite because it concerned the statutory definition of majority. See id. at 754-55 (<HOLDING>). Michael A. Lasley is not a minor under Options: A. holding age discrimination claim barred B. holding that as 2330155 applies the twentyone day period for payment to ppi payments C. holding that parental right to recover medical expenses extends beyond age eighteen to age twentyone because parental support obligation continues until twentyone D. holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference E. holding that sixth amendment prejudice resulted from an unasserted error that added six to twentyone months to the defendants sentence

assistant: The best answer is C. holding that parental right to recover medical expenses extends beyond age eighteen to age twentyone because parental support obligation continues until twentyone
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) Certain Terms . Except as otherwise expressly set forth in any Loan Document, all accounting terms not specifically defined herein shall be construed in accordance with GAAP (except for the term “ property ,” which shall be interpreted as broadly as possible, including, in any case, cash, Securities, other assets, rights under Contractual Obligations and Permits and any right or interest in any property). The terms “ herein ,” “ hereof ” and similar terms refer to this Agreement as a whole. The term “ documents ” when used in any Loan Document means all writings, however evidenced and whether in physical or electronic form, including all documents, instruments, agreements, notices, demands, certificates, forms, financial statements, opinions and reports. The term “ incur ” when used in any Loan Document means incur, create, make, issue, assume or otherwise become directly or indirectly liable in respect of or responsible for, in each case whether directly or indirectly, and the terms “incurrence” and “incurred” and similar derivatives shall have correlative meanings. The terms “payment in full” or “paid in full” or “satisfied”, in each case, as used with respect to any Obligation means the receipt of immediately available funds equal to the full amount of such Obligation.

assistant: Interpretations
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: counsel neither investigated nor presented evidence of the petitioner’s extreme poverty-ridden childhood and mental condition despite counsel’s awareness of those circumstances. Finding that counsel cannot rely on the petitioner as the sole source of information when investigating for mitigating evidence, the Sixth Circuit held that “counsel must make some effort at independent investigation in order to make a reasoned, informed decision as to [its] utility.” Id. at 596. Several other cases have followed this reasoning. See Coleman v. Mitchell, 268 F.3d 417, 449-53 (6th Cir.2001) (finding counsel acted unreasonably for failing to present evidence of petitioner’s horrific childhood, which included physical and psychological abuse); Skaggs v. Parker, 235 F.3d 261, 266-75 (6th Cir.2000) (<HOLDING>); Groseclose v. Bell, 130 F.3d 1161, 1169-71 Options: A. holding counsel ineffective for failing to investigate and present mitigating evidence B. holding that counsel cannot be found ineffective for failing to pursue a particular mitigating factor where despite a reasonable investigation by counsel counsel was not put on notice of any such mitigating evidence C. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel D. holding that counsel was not ineffective for failing to present mitigating evidence at sentencing because the trial record clearly indicated that the sentencing judge was aware of many of the mitigators that counsel was presenting to this court on appeal E. holding trial counsel ineffective for failing to investigate and present evidence of the appellants good conduct in prison

assistant: The best answer is A. holding counsel ineffective for failing to investigate and present mitigating evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (footnote omitted). “[S]ubstantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.” West v. Founders Life Assurance Co. of Florida, 547 So.2d 870, 871 (Ala.1989); see Ala.Code 1975, § 12-21-12(d). “Whether a deed or other conveyance has been delivered is a question of fact to be ascertained from the circumstances surrounding the alleged delivery.” Jesse P. Evans III, Alabama Property Rights and Remedies § 4.3[p] at 4-45 (3d ed.2004) (footnote omitted). The intent of the grantor, not the knowledge of the grantee, is of paramount importance in determining whether a deed has been delivered. See, e.g., Strickland v. Griswold, 149 Ala. 325, 43 So. 105 (1907) (<HOLDING>); and Arrington v. Arrington, 122 Ala. 510, 26 Options: A. holding that sellers agreement to furnish title policy was a separate agreement not superseded by the deed and properly not included in the deed B. recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title C. holding that a beneficiary under a deed of trust was entitled to reformation of the grantors deed D. holding that when a grantor delivered a deed to one of the cograntees therein telling her to keep it in a box and to deliver it to the proper parties at his death the title passed at that time irrespective of the place where the deed was kept E. holding a quitclaim deed yields only such interest in land as the grantor had at the time of the making of such deed

assistant: The best answer is D. holding that when a grantor delivered a deed to one of the cograntees therein telling her to keep it in a box and to deliver it to the proper parties at his death the title passed at that time irrespective of the place where the deed was kept
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 terms of this Agreement and the transactions hereunder shall be interpreted in accordance with and governed by the laws of the State of California, U.S.A. and the Parties consent to the jurisdiction of the state and federal courts located therein. Any provision of this Agreement, which 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 provisions in any other jurisdiction.

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: claim of excessive force during arrest would diminish or defeat the Deputies’ ability to establish liability on their primary claim of assault. As discussed, 'he admits that he .could have filed his counterclaim as an independent action but did not do so. Thus, the counterclaim is clearly an affirmative one and not one merely one that seeks recoupment or setoff. Yet, in his brief, he argues that any damages he recovers against the Deputies on his counterclaim will “diminish or defeat” the damage award on their assault claim. The same could be said concerning all counterclaims for recoupment. This is why the rule salvages counterclaims in recoupment and not counterclaims such as Wittig’s that se h Ctrs., Cause No. 3:13-CV-387 RLM, 2015 WL 1538820, slip op. at *2-(N.D.Ind. Apr. 7, 2015).(<HOLDING>); Chauffeurs, Teamsters, Warehousemen & Helpers Options: A. holding that where both defamation and tortious interference claims are pled and are based on same facts minnesota law requires the application of the actual malice standard to tortious interference claims B. holding that even constitutional claims can be timebarred C. holding that counterclaims for defamation and tortious interference constituted distinct affirmative claims for relief not claims for recoupment and thus were timebarred under indiana trial rule 13j1 D. holding that the plaintiff stated a claim for tortious interference E. holding that claims of tortious interference and fraud constituted claims of professional negligence and thus required certificate of merit because underlying complaint was that appellee was injured by appellants failing to disclose information and providing inaccurate information

assistant: The best answer is C. holding that counterclaims for defamation and tortious interference constituted distinct affirmative claims for relief not claims for recoupment and thus were timebarred under indiana trial rule 13j1
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: 580, 587 (Tex.App.-Houston [1st Dist.] 1997, no pet.). A conclusory statement is one that does not provide the underlying facts to support the conclusion. Paragon Gen. Contractors, 227 S.W.3d at 883; Rizkallah, 952 S.W.2d at 587. A conclusory statement can be either a legal conclusion or factual conclusion. See Rizkallah, 952 S.W.2d at 587. Harrison’s averments arguably concerned only two of the representations on which Methodist relied to support its breaeh-of-warranty action: “Zurich had experienced and expert personnel to handle all claims”; and “Zurich would provide a customized claims program that would control Methodist’s loss costs.” Even if Harrison’s affidavit was some evidence Zurich breached these warranties, his aver-m s “opinion.” See Ryland Group, Inc., 924 S.W.2d at 122 (<HOLDING>). Accordingly, Harrison’s averments were Options: A. holding that interested partys affidavit opposed to motion for summary judgment and governments deposition to explore facts asserted in affidavit do not constitute distinct proceedings B. holding that facts alleged in an employees affidavit were insufficient to raise an issue of fact for the purposes of defeating a summary judgment where the affidavit contradicted the employees earlier deposition statements C. holding that affidavit in support of summary judgment may not be based upon factual conclusion or conclusions of law D. recognizing that an interested witnesss affidavit reciting he estimates or believes cer tain facts to be true will not support summary judgment E. holding that a court may not consider hearsay contained in an affidavit when ruling on a summary judgment motion

assistant: The best answer is D. recognizing that an interested witnesss affidavit reciting he estimates or believes cer tain facts to be true will not support summary judgment
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: represents first of all an individual right, it can, like other such rights, be waived.”)). Therefore, neither Colman nor Watson is relevant to the issue of personal jurisdiction. ¶ 13 Because the Paria court’s findings are not binding on PGM, there are insufficient undisputed facts to support the conclusion that PGM is a privy of parties in the Paria litigation or a party to a fraudulent transfer. In particular, PGM and Westches-ter dispute whether the transfer of Paria’s assets was for value, and, as we have concluded, the Paria court’s finding on that question is not binding on PGM. ¶ 14 We therefore reverse the dismissal of PGM’s complaint and remand for a hearing on the issue of whether PGM is the alter ego of Paria or Stephen Zimmer nc., 758 P.2d 451, 455 (Utah Ct.App. 1988) (<HOLDING>). In the present case, Westchester provided the Options: A. holding that the supreme court will not issue advisory opinion on issue not before the court B. holding that burden was on nonmoving party to show issue was not litigated where moving party presented supreme court opinion showing issue had been litigated C. holding that trial by consent requires that the parties actually recognize the issue to have been litigated D. recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case E. holding that all matters litigated or which could have been litigated in al foreclosure action are forever at rest

assistant: The best answer is B. holding that burden was on nonmoving party to show issue was not litigated where moving party presented supreme court opinion showing issue had been litigated
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: None of the representations and warranties made by the Seller nor any statement made in any schedule, exhibit, certificate or other document furnished to Purchaser as stated or provided for in this Agreement, contains, or win contain, any untrue statement of a material fact, or omits, or will omit, to state any material fact necessary in order to make the statements contained herein not misleading. All representations and warranties of the Seller contained herein shall be true on and as of the Execution Date and the Closing Date, with the same effect as if made on and as of the Closing Date. There are no facts which have not been disclosed which will materially affect the consummation of this Agreement and the Ancillary Agreements.

assistant: Disclosures
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: microsoft is n't a broker/dealer or registered investment advisor under united states federal securities law or securities laws of other jurisdictions and does n't advise individuals as to the advisability of investing in , purchasing , or selling securities or other financial products or services .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sexual orientation. Title IX provides in relevant part that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under” federally-funded educational pro grams or activities. 20 U.S.C. § 1681(a) (emphasis added). Thus, unlike the Fourteenth Amendment, Title IX prohibits only discrimination based on sex and does not extend to any other form of invidious discrimination. For these reasons the Court concludes that, to the extent that plaintiff asserts Title IX claims based on discrimination due to his sexual orientation or perceived sexual orientation, these claims are not actionable and must be dismissed. Cf. Williamson v. A.G. Edwards & Sons, Inc., 876 F.2d 69, 70 (8th Cir.1989) (<HOLDING>). Plaintiff nevertheless contends that he has Options: A. recognizing harassment claim under equal protection clause based on sexual orientation B. holding that title vii does not protect employees from harassment based on sexual orientation C. holding that samesex sexual harassment claims are not actionable under title vii D. holding that title vii does not address samesex harassment E. holding that sexual orientation and sexual identity are immutable

assistant: The best answer is B. holding that title vii does not protect employees from harassment based on sexual orientation
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 meet his burden of showing that any portion of the deposition was not related to an issue which was present in the case at the time the deposition was taken. Accordingly, the Court finds that as an initial matter Defendant is entitled to costs incurred with respect to Plaintiffs deposition, but now must determine whether all costs associated with the deposition are recoverable under case law. Under the statute, recoverable costs include deposition transcript costs and attendance fees of the court reporter or per diem. Ferguson v. Bombardier Serv. Corp., 2007 WL 601921, * 4 (M.D.Fla. Feb.21, 2007). Although some courts in this circuit allow for the recovery of delivery fees associated with transcripts, see, e.g., Smith v. Quintiles Int’l, 2007 WL 2412844, *4 (M.D.Fla. Aug.21, 2007) (<HOLDING>) and Ferguson v. Bombardier Serv. Corp., 2007 Options: A. holding that a newly assigned counsel may be entitled to a continuance based on the criminal defendants sixth amendment right to effective assistance of counsel B. holding postage and handing charged by court reporters to send copies of transcripts to counsel may be taxable C. holding that reversal required where trial court did not attach portions of the transcripts to refute claim of ineffective assistance of trial counsel for failing to object to improper closing argument D. holding that juveniles may waive right to counsel only upon advice of counsel E. holding that notice to counsel may be waived

assistant: The best answer is B. holding postage and handing charged by court reporters to send copies of transcripts to counsel may be taxable
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 disclosed in the Company’s Reports and as previously disclosed to the Purchaser, Company, Bank and each of their Subsidiaries (i) has complied with and (ii) is not under investigation with respect to, and have not been threatened to be charged with or given any notice of any material violation of any applicable statutes, rules, regulations, orders and restrictions of any domestic or foreign government, or any instrumentality or agency thereof, having jurisdiction over the conduct of its business or the ownership of its properties, except where any such failure to comply or violation would not reasonably be expected to have a Material Adverse Effect on Company and its Subsidiaries taken as a whole. Company, Bank and each of their Subsidiaries is compliant with all applicable statutes, rules, regulations, orders and restrictions of any domestic or foreign government, or any Governmental Agency, and their own privacy policies and written commitments to their respective customers, consumers and employees, concerning data protection and the privacy and security of personal data and the nonpublic personal information of their respective customers, consumers and employees, except in each case where the failure to so comply would not result, individually or in the aggregate, in a Material Adverse Effect on Company and its Subsidiaries taken as a whole, and (y) at no time during the two (2) years prior to the date hereof has received any notice asserting any such violations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to review by the courts.” Goonsuwan v. Ashcroft, 252 F.3d 383, 390 (5th Cir.2001); see also Bonhometre v. Gonzales, 414 F.3d 442, 447 (3d Cir.2005) (“[A] claim is ‘available as of right’ if, at the very least, (1) the alien’s claim was within the jurisdiction of the BIA to consider and implicated agency expertise, and (2) the agency was capable of granting the remedy sought by the alien.”). “The principle underlying this policy is that courts should not address an immigration issue until the appropriate administrative authority has had the opportunity to apply its specialized knowledge and experience to the matter.” Padilla v. Gonzales, 470 F.3d 1209, 1214 (7th Cir. 2006) (citations omitted); See also I.N.S. v. Orlando Ventura, 537 U.S. 12, 16, 123 S.Ct. 353, 154 L.Ed.2d 272 (2002) (<HOLDING>). The Government contends that this Court does Options: A. holding that the supreme court has final appellate review of agency decisions B. holding that an appellate court cannot consider an issue that was not preserved for appellate review C. holding that except in rare circumstances an appellate court should not intrude upon the domain which congress has exclusively entrusted to an administrative agency D. holding that an appellate court has discretion to consider an issue not argued by the parties E. recognizing the principle that an administrative agency error should not work to a claimants detriment

assistant: The best answer is C. holding that except in rare circumstances an appellate court should not intrude upon the domain which congress has exclusively entrusted to an administrative agency
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 7th Floor Premises will have one (1) dedicated 277/480V 600amp panel for normal power. The rooftop/mechanical penthouse will have a 277/480V, 1200amp main panel, of which Tenant will have dedicated use of Tenant’s Pro Rata Share, with a sub-panel to be provided by Tenant.

assistant: Powers
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: Cir. Ct.2005) (quoting Padilla v. Silver Diner, 63 Va. Cir. 50, 57 (Va. Cir. Ct.2003)). Plaintiff alleges that Voorthuis Optician’s insistence that she report to work in the District of Columbia, where her medical malpractice coverage may not have applied, created an intolerable work condition that forced her to resign. Am. Compl. at ¶ 36. Even assuming that plaintiffs resignation was occasioned by conduct “so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community,” plaintiff failed to identify a specific statute which defendants violated by asking her to report to work in the District of Columbia. See Johnson v. Behsudi, 52 Va. Cir. 533, 538 (Va. Cir. Ct.1997) (<HOLDING>). Consequently, plaintiffs claim of Options: A. holding that in order to sustain an action for constructive discharge the plaintiff must show that the conduct resulting in the resignation violated a virginia public policy embodied in an existing statute B. holding that an employee could maintain a claim for constructive discharge in violation of virginias public policy exception to the employment atwill doctrine C. holding that the mere fact of discrimination sans aggravating factors would not sustain a constructive discharge action D. holding that federal law can provide source of state public policy for determining whether discharge of employee violated clear mandate of public policy E. holding that an employee has no right of action against an employer for wrongful discharge where no clear mandate of public policy is violated thereby

assistant: The best answer is A. holding that in order to sustain an action for constructive discharge the plaintiff must show that the conduct resulting in the resignation violated a virginia public policy embodied in an existing statute
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: We must consider “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202, (1986). In determining whether there is a “genuine issue for trial,” we interpret the facts and draw all reasonable inferences therefrom in favor of the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). III. A. The parties agree that the issue of ownership of the Share is governed by Kentucky law. United States v. 5854 N. Kenmore, 762 F.Supp. 204, 209 (N.D.Ill.1991) (citing United States v. Certain Real Prop., 910 F.2d 343 (6th Cir.1990)) (<HOLDING>). Under Kentucky law, ownership of property is Options: A. holding that with respect to civil forfeiture actions property issues concerning ownership are governed by the laws of the state in which the property is located B. holding that scope of property subject to forfeiture is defined by the instrument creating an interest in the property C. holding that only courts in the county where property was situated had jurisdiction to hear an action concerning the property D. holding that ijnjuries caused by the condition of a public entitys property clearly refers to ownership of a property interest which allows a public entity to control the property E. recognizing that partnership property is a type of ownership

assistant: The best answer is A. holding that with respect to civil forfeiture actions property issues concerning ownership are governed by the laws of the state in which the property is located
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 Parties agrees that it shall bring any action or proceeding in respect of any claim arising under or relating to this Agreement or the transactions contemplated by this Agreement exclusively in the Court of Chancery of the State of Delaware (or if such court declines to accept jurisdiction over a particular matter, any Federal court located within the State of Delaware) (the “ Chosen Courts ”) and, solely in connection with such claims, (a) irrevocably submits to the exclusive jurisdiction of the Chosen Courts, (b) waives any objection to the laying of venue in any such action or proceeding in the Chosen Courts, (c) waives any objection that the Chosen Courts are an inconvenient forum or do not have jurisdiction over any Party and (d) agrees that mailing of process or other papers in connection with any such action or proceeding in the manner provided in Section 10.4 or in such other manner as may be permitted by Law shall be valid and sufficient service thereof. The consent to jurisdiction set forth in this Section 10.6 shall not constitute a general consent to service of process in the State of Delaware and shall have no effect for any purpose except as provided in this Section 10.6 . The Parties agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law.

assistant: Submission To Jurisdiction
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: subject to your compliance with these terms , you are granted a limited , non-exclusive , non-sublicensable , non-assignable , free of charge license to download and install the software on a personal computer , mobile phone or other device ; and personally use the software through your individual skype or qik user account ( as applicable ) ( `` user account '' ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (adopting view among states that if two escape clauses within insurance policy operate to negate coverage, those escape clauses are null and void). 8 . Harris v. Magee, 573 So.2d at 653; see o.2d 670, 673 (Miss.1976) ("An insurance company cannot by the provisions in one uninsured motorist endorsement limit its liability and endorsement in a separate policy and defeat the mandatory provisions of the statute."); Talbot, 291 So.2d at 703 (declaring invalid clause which reduced uninsured motorist coverage by amounts paid under medical coverage provisions of policy); Lowery, 285 So.2d at 771-77 (declaring invalid restriction in policy that required "insured" to own the automobile described in the policy until uninsured motorist coverage applied); Harthcock, 248 So.2d at 459-60, 461-62 (<HOLDING>); see also Youngblood, 515 F.2d at 1256-58 Options: A. holding that conditioning uninsured motorist coverage on insureds agreement to not settle with other tortfeasors contravenes the um act also declaring void other insurance provision of policy which operated to relieve insurer of payment if insured secured statutory minimum from other source B. holding that a policy with an excess other insurance clause provides no coverage until a policy with a pro rata other insurance clause is exhausted C. holding that language requiring insurer to pay all sums which the insured shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile includes recovery of exemplary damages under uninsured motorist provision of policy D. holding that policy exclusion for uninsured motorist claims involving permissive users violated mississippi public policy as expressed in the um act E. holding that while the owner of several vehicles by paying a single premium for um coverage applicable to only one of them secures um coverage for himself and his family while occupying the uninsured vehicles as well as the insured vehicle the number of uninsured motorist coverages available to be stacked should be based upon the number of coverages for which uninsured motorist premiums were paid

assistant: The best answer is A. holding that conditioning uninsured motorist coverage on insureds agreement to not settle with other tortfeasors contravenes the um act also declaring void other insurance provision of policy which operated to relieve insurer of payment if insured secured statutory minimum from other source
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: was not given immediate access to a lactation room and was told that she had to wait three days for badge access. Fifth, Brinks told Ames that none of her work had been completed while she was on maternity leave, that she had to work overtime to get caught up, and that if she did not catch up, she would be disciplined. Sixth, Neel did nothing to assist Ames in finding a place to lactate and instead told Ames, “I think it’s best that you go home to be with your babies.” And seventh, at the time Ames resigned, it had been more than five hours since she had last expressed milk and she was in considerable physical pain. Nationwide’s several attempts to accommodate Ames show its intent to maintain an employment relationship with Ames, not force her to quit. See Fercello, 612 F.3d at 1083 (<HOLDING>). Although Nationwide incorrectly calculated Options: A. holding that the employers willingness to accommodate the employee undercut the employees claim of constructive discharge B. holding the claim of constructive discharge does not accrue until an employee resigns C. holding employers initial refusal to accommodate employees medical restrictions insufficient to establish adverse employment action D. holding that a failure to accommodate claim is separate and distinct from a claim of discriminatory treatment under the ada and pointing out that a failure to accommodate claim and a claim of discriminatory treatment under the ada are not like or reasonably related to one another and one cannot expect a failure to accommodate claim to develop from an investigation into a claim that an employee was terminated because of a disability E. recognizing that a constructive discharge claim and a hostile work environment claim are not equivalent because a constructive discharge claim imposes a higher standard

assistant: The best answer is A. holding that the employers willingness to accommodate the employee undercut the employees claim of constructive discharge