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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 429 U.S. 121 97 S.Ct. 400 50 L.Ed.2d 336 UNITED STATESv.John David KOPP. No. 75-1536. Dec. 6, 1976. PER CURIAM. 1 The operative facts herein are substantially identical to those in United States v. Morrison, 429 U.S. 1, 97 S.Ct. 24, 50 L.Ed.2d 1, and United States v. Rose, 429 U.S. 5, 97 S.Ct. 26, 50 L.Ed.2d 5. Respondent's car was stopped by Border Patrol agents; a search disclosed marihuana. Respondent lost a motion to suppress and was found guilty after a bench trial. Following this trial, but before sentencing, the District Court, relying upon our decision in Almeida-Sanchez v. United States, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596 (1973), dismissed the indictment. The Court of Appeals for the Tenth Circuit, as it did in Morrison and Rose, found the Government's appeal barred by double jeopardy. 2 In United States v. Wilson, 420 U.S. 332, 95 S.Ct. 1013, 43 L.Ed.2d 232 (1975), we held that double jeopardy would not bar a Government appeal if success on that appeal would result in the reinstatement of a verdict of guilty. The fact that the dismissal of the indictment here occurred after a general finding of guilt rendered by the court in a bench trial, rather than after a return of a verdict of guilty by a jury, is immaterial. Morrison, supra. Double jeopardy therefore does not bar an appeal by the Government. 3 We grant the petition for certiorari, vacate the judgment of the Court of Appeals, and remand to that court for proceedings consistent herewith.

assistant: 1
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 Judaism. Put differently, the traditional requirements of Christian worship, such as weekly services and periodic prayer, tend to be less time-consuming and disruptive of the SDC program than the requirements of Islamic worship, which involves group services, prayers five times per day, and strict dietary restrictions. Although both Christian and Muslim inmates are given comparable opportunities to practice their religions, the Muslim religion’s more rigorous requirements may mean that SDC’s boot camp regimen has a disparate impact on Muslims. Yet, the Supreme Court has never held that a prison regulation’s disparate impact on an inmate’s unconventional religious practices is constitutionally significant. Cf. Washington v. Davis, 426 U.S. 229, 96 S.Ct. 2040, 48 L.Ed.2d 597 (1976) (<HOLDING>). Nor is this surprising; a contrary rule would Options: A. holding that title vii proscribes racial discrimination against whites upon the same standards as racial discrimination against nonwhites B. holding that racial discrimination is not a personal injury tort C. holding that disproportionate impact standing alone was insufficient to prove unconstitutional racial discrimination D. holding official immunity is available in claims of discrimination if plaintiff fails to establish his treatment by defendants was so at variance with what would reasonably be anticipated absent racial discrimination that racial discrimination is the probable explanation E. holding that racial discrimination is a personal injury tort

assistant: The best answer is C. holding that disproportionate impact standing alone was insufficient to prove unconstitutional racial discrimination
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 sets forth the entire agreement of the parties hereto in respect of the subject matter contained herein and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, employee or representative of any party hereto, and any prior agreement of the parties hereto in respect of the subject matter contained herein, including, without limitation, any prior severance agreements, is hereby terminated and cancelled. Except as otherwise specifically provided in this Agreement, any of your rights hereunder shall be in addition to any rights you may otherwise have under benefit plans or agreements of the Company to which you are a party or in which you are a participant, including, but not limited to, any Company sponsored employee benefit plans and stock options plans and provisions of this Agreement shall not in any way abrogate your rights under such other plans and agreements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will not, and will not permit any of its Subsidiaries to, Dispose (including pursuant to a merger) of any property or assets to, or purchase, lease or otherwise acquire (including pursuant to a merger) any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (a) transactions in the ordinary course of business and at prices and on terms and conditions not less favorable to such Loan Party or such Subsidiary than could be obtained on an arm’s-length basis from unrelated third parties (it being understood that this Section shall not apply to any transaction that is expressly permitted under Sections 7.1 , 7.3 , 7.4 , 7.5 or 7.8 of this Credit Agreement entirely between or among the Loan Parties and not involving any other Affiliate), (b) any Restricted Payment permitted by Section 7.8 , (c) the Transactions and (d) transactions pursuant to the Subordinated Note.

assistant: Transactions With Affiliates
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: Where specific language is used to clarify by example a general statement contained herein, such specific language shall not be deemed to modify, limit or restrict in any manner the construction of the general statement to which it relates. The language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent, and no rule of strict construction shall be applied against any party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Congress was legislating over federal territory. Like the district court, we "believe! ] that Congress has jurisdiction over interstate commerce [ (the Amendments Act's basis for jurisdiction)] just as it has jurisdiction over federal territory. Congress would have the same power to federalize state causes of action asserting either basis for jurisdiction.” O'Conner v. Commonwealth Edison Co., 770 F.Supp. 448, 453 (C.D.Ill.1991). 6 . We address this particular issue of duty of care for a public liability cause of action in greater detail later in the opinion. See infra part II.C. 7 . In supporting his position of unconstitutionality, Mr. O'Conner invites our attention to a number of pre-Amendments Act cases. See, e.g., Stibitz v. General Pub. Util. Corp., 746 F.2d 993, 997 (3d Cir.) (<HOLDING>), cert. denied, 469 U.S. 1214, 105 S.Ct. 1187, Options: A. holding that the elements of a cause of action were not subject matter jurisdictional simply because the statute that created the cause of action provided that district courts shall have jurisdiction of such actions B. holding that public liability action did not arise under pre1988 priceanderson act for article iii purposes and therefore federal court did not have subject matter jurisdiction over cause of action C. holding that a subsequent action was not barred because the initial court did not have jurisdiction over the claim D. holding action did not arise under the patent laws E. holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act

assistant: The best answer is B. holding that public liability action did not arise under pre1988 priceanderson act for article iii purposes and therefore federal court did not have subject matter jurisdiction over cause of action
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 Seller will keep its principal place of business and chief executive office and the office where it keeps its records concerning the Pool Receivables (and all original documents relating thereto) at the address of the Seller set forth in Section 7.02 of the Agreement or, upon 30 days’ prior written notice to the Administrative Agent, at any other locations in jurisdictions where all actions reasonably requested by the Administrative Agent to protect and perfect the interest in the Collateral have been taken and completed. The Seller also will maintain and implement administrative and operating procedures (including, without limitation, an ability to recreate records evidencing Pool Receivables and related Contracts in the event of the destruction of the originals thereof), and keep and maintain all documents, books, records and other information reasonably necessary or advisable for the collection of all Pool Receivables (including, without limitation, records adequate to permit the daily identification of each Pool Receivable and all Collections of and adjustments to each existing Pool Receivable).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 4 below and the other provisions of this Agreement, all of the shares of Restricted Stock shall vest on [Insert Vesting Date] , the [fourth] anniversary of the Grant Date (the “Vesting Date”). The period beginning on the date hereof through and including the Vesting Date shall be referred to herein as the “ Restricted Period ”.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: testimony of several alleged bookmakers and gamblers whose names were mentioned in recorded conversations involving the defendants. Corrado surmises that the government found and subpoenaed these alleged bookmakers and gamblers, and that their testimony befox-e the grand jury was favorable to the defendants. None of these alleged bookmakers were called to testify at trial. The district court denied Corrado’s motion for disclosure on the ground that Corrado was not charged in the indictment with extorting any of these alleged bookmakers and, therefore, even if their grand jury testimony indicated no illegal behavior on Corrado’s part, it was not exculpatory as to the extortion charges that were in the indictment. We agree. See United States v. Mullins, 22 F.3d 1365, 1372 (6th Cir.1994) (<HOLDING>). Moreover, CoiTado has made no showing that he Options: A. holding that material favorable to the accused must be either evidence which serves to impeach a government witness credibility or evidence which is directly exculpatory of the defendant emphasis added B. holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment C. holding that suppression by government of evidence favorable to accused upon request violates due process when evidence is material to guilt D. holding that suppression by prosecutor of evidence favorable to an accused violates due process where evidence is material to either guilt or punishment E. holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment

assistant: The best answer is A. holding that material favorable to the accused must be either evidence which serves to impeach a government witness credibility or evidence which is directly exculpatory of the defendant emphasis added
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by the laws of the State of California (without regard to its conflict of law rules) and, except as otherwise set forth in this Agreement, the Parties submit to the jurisdiction of the California courts, both state and federal.

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: All covenants, agreements, representations and warranties made by the Borrowers herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, LC Issuer or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid or any Letter of Credit is outstanding (unless, in the case of Fronted Letters of Credit, such Fronted Letters of Credit have been cash collateralized or backstopped in a manner reasonably satisfactory to the applicable Fronting Banks and the Administrative Agent) and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15, 2.16, 2.17 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any provision hereof.

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: the effect that the code-fendant’s confession must be disregarded in determining the defendant’s guilt or innocence is ineffective and cannot overcome the prejudicial effect of the incriminating statement on the jury. Id. at 124, 88 S.Ct. 1620. As such, the trial court’s curative instruction in the instant case was insufficient to cure the erroneous admission of Hertz’s statement to Hathcock. Nonetheless, this Court has also recognized that a Bruton violation does not automatically require reversal of an otherwise valid conviction but, rather, is subject to a harmless error analysis. See Farina v. State, 679 So.2d 1151, 1155 (Fla.1996) (citing Harrington v. California, 395 U.S. 250, 254, 89 S.Ct. 1726, 23 L.Ed.2d 284, (1969)); see also Franqui v. State, 699 So.2d 1312, 1322 (Fla.1997) (<HOLDING>); Smith v. State, 699 So.2d 629, 644-45 Options: A. holding that confrontation clause violation was not harmless beyond a reasonable doubt in part because it concerned the limitation of crossexamination of the prosecutions key witness B. holding that the sixth amendment confrontation clause violation in that case was harmless beyond a reasonable doubt and therefore did not require the conviction to be overturned C. holding that a confrontation clause violation constituted harmless error D. holding confrontation clause violation was harmless beyond a reasonable doubt and thus upholding firstdegree murder conviction E. holding that testimony at trial in violation of defendants constitutional confrontation right was harmless beyond a reasonable doubt because the testimony was cumulative

assistant: The best answer is D. holding confrontation clause violation was harmless beyond a reasonable doubt and thus upholding firstdegree murder conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if your claim does not exceed $ 10,000 , then the arbitration will be conducted solely on the basis of the documents that you and niantic submit to the arbitrator , unless you request a hearing or the arbitrator determines that a hearing is necessary .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of this Agreement will govern all Manager Services undertaken by Manager for the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Rivera and Guzmán asseverate that we should decline to exercise supplemental jurisdiction over the state law claims. Docket Document No. 36. For the reasons stated above, Plaintiffs’ First, Fifth, and Fourteenth Amendment claims are not dismissed. Accordingly, we deny Defendants’ motion to dismiss the state law claims. IV. Conclusion In accordance with the foregoing, we DENY Defendant Alejandro’s motion for summary judgment. Docket Document No. 28. We GRANT Defendants Rivera and Guzmán’s motion for summary judgment as to Plaintiff Vélez’ due process claims, and otherwise DENY the motion for summary judgment. Docket Document No. 36. IT IS SO ORDERED. 1 . We disregard the parties' Spanish-language exhibits. Estades-Negroni v. Assoc. Corp. of N. Am., 359 F.3d 1, 2 (1st Cir.2004) (<HOLDING>). 2 . A supervisor is "defined loosely to Options: A. holding that nonenglish materials submitted for review may not be considered during the pretrial process or become part of the record B. holding that only materials which were included in the pretrial record and that would have been admissible evidence may be considered C. holding the materials submitted were sufficient because the record should include all that is necessary in order for the reviewing court to accurately assess the challenged agency action D. holding that evidence not submitted to the district court cannot be part of the record on appeal E. holding that additional records submitted to the appeals council are part of the administrative record for judicial review

assistant: The best answer is A. holding that nonenglish materials submitted for review may not be considered during the pretrial process or become part of the record
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 Options shall monthly on a pro rata basis over a three year period commencing on the Grant Date based on continuing satisfactory service to the Board of Directors of the Company by the Optionee, and once vested, are immediately exercisable in accordance with the terms and conditions of the Plan and this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party has the corporate or other organizational power and authority to execute, deliver and carry out the terms and provisions of the Credit Documents to which it is a party and has taken all necessary corporate or other organizational action to authorize the execution, delivery and performance of the Credit Documents to which it is a party. Each Credit Party has duly executed and delivered each Credit Document to which it is a party and each such Credit Document constitutes the legal, valid and binding obligation of such Credit Party enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency or similar laws affecting creditors’ rights generally and subject to general principles of equity.

assistant: Authority
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: activity other than making the allegedly infringing sales. Additionally, the claims against MCSC are peripheral to the central issues of the action. See L.G. Elecs., 131 F.Supp.2d at 812. Specifically, the Kohs seek a declaratory judgment that the ImageDeck infringes the ’830 patent and an injunction prohibiting the manufacture, use, sale, offers to sell, and importation in derogation of the Kohs’s rights under the ’830 patent. “Ultimately the infringement claim[s] against the manufacturer” and the sole importer are “more likely to restore contested property rights nationwide than securing an injunction enjoining a merchant from selling infringing products from existing inventory.” Id. As a result, MCSC is only peripherally involved in this action. See LG Elecs., 131 F.Supp.2d at 811 (<HOLDING>); Corry, 16 F.Supp.2d at 665 (holding that a Options: A. holding that a breach of contract claim against one defendant related back to interference with contract claim against that defendant and breach of contract claim against second defendant because it was based on same set of operative facts B. holding on policy grounds that a strict liability claim should not lie against drug manufacturer C. holding that knowledge of the patent is required for willful infringement D. holding that a patent infringement claim against a reseller of infringing products is only peripherally related to a claim against the manufacturer E. holding that the adjudication of claims against an infringing products manufacturer would resolve claims against a mere reseller

assistant: The best answer is D. holding that a patent infringement claim against a reseller of infringing products is only peripherally related to a claim against the manufacturer
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 to this Agreement will be entitled to enforce its rights under this Agreement specifically, to recover damages and costs (including reasonable attorneys’ fees) caused by any breach of any provision of this Agreement, and to exercise all other rights existing in the party’s favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party in its, his or her sole discretion may apply to any court of law or equity of competent jurisdiction (without posting any bond or deposit) for specific performance and/or other injunctive relief in order to enforce or prevent any violations of the provisions of this Agreement.

assistant: Remedies
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: GRANTOR AND SECURED PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE CREDIT DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED THEREBY AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

assistant: Waiver Of Jury Trials
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: So.2d 122, 124-25 (Fla.1987), our supreme court held that “in cases where the defendant is accused of a sexual battery committed in the familial setting, evidence of a prior sexual battery committed within the familial setting is admissible under the Williams rule because this evidence is relevant to corroborate the victim’s testimony.” McLean v. State, 934 So.2d 1248, 1256-57 (Fla.2006) (footnote omitted). After Heuring was decided, the Legislature enacted section 90.404(2)(b), see ch. 2001-221, § 1, Laws of Fla., which “broadly provides[ ] that evidence of [a] defendant’s commission of other acts of child molestation is admissible regardless of whether the charged and collateral offenses occurred in the familial context or whether they share any similarity.” McLean, 934 So.2d at 1259 (<HOLDING>). But the present case has nothing to do with Options: A. recognizing that state agencies which are independent of the state are citizens of the state B. recognizing section 904042b abrogated limits on the use of similar fact evidence in child molestation cases that the supreme court had recognized in heuring state v rawls 649 so2d 1350 fla1994 and saffor v state 660 so2d 668 fla1995 C. holding that the state must prove voluntariness by a preponderance of the evidence citing brewer v state 386 so2d 232 236 fla1980 D. holding that aedpa limits a federal habeas court to the record before the state court where a claim has been adjudicated on the merits by the state court E. holding that a federal court in absence of a state supreme court pronouncement on a subject of state substantive law must determine as best it can what the highest court of the state would decide

assistant: The best answer is B. recognizing section 904042b abrogated limits on the use of similar fact evidence in child molestation cases that the supreme court had recognized in heuring state v rawls 649 so2d 1350 fla1994 and saffor v state 660 so2d 668 fla1995
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity and interpretation of this Amendment and the exhibits and schedules hereto shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or other conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New York.

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: The Lead Borrower has heretofore furnished to the Lenders the Historical Financial Statements. The Historical Financial Statements present fairly the financial condition and results of operations and cash flows of the applicable Loan Parties as of such dates and for such periods. Such balance sheets and the notes thereto disclose all material liabilities, direct or contingent, of such Loan Parties as of the dates thereof. Such financial statements were prepared in accordance with GAAP applied on a consistent basis, subject, in the case of unaudited financial statements, to year-end audit adjustments and the absence of footnotes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it was a simple case). {15} While the complexity issue is a close call here, we agree with the district court that the delay was presumptively prejudicial. Nonetheless, we find that it falls in the high end of the simple complexity range. Even though the defense stipulated to many facts, the ultimate question of who was driving was hotly contested. Ten witnesses were needed to testify on that single question, including an accident reconstruction expert and two experts in forensic pathology. {16} We next consider the extent of the delay beyond the presumptively prejudicial period to determine whether the delay will weigh against the State, bearing in mind that the presumption of prejudice to the defendant intensifies over time. See Coffin, 1999-NMSC-038, ¶ 59, 128 N.M. 192, 991 P.2d 477 (<HOLDING>). The length of delay is sixty-two days over Options: A. holding threeyear delay between indictment and arraignment caused by the serious negligence of the government presumptively prejudicial B. recognizing that a fivemonth delay weighs against the defendant C. holding that a twoyear postindictment delay presumptively prejudicial D. holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant E. holding that the delay is presumptively prejudicial does not necessarily mean the first factor weighs against the state but requires further consideration of the extent of the delay beyond this period

assistant: The best answer is E. holding that the delay is presumptively prejudicial does not necessarily mean the first factor weighs against the state but requires further consideration of the extent of the delay beyond this period
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: until all appellate rights are exhausted. These rules apply to a district clerk’s appeal of injunctions. Id. at 625 (citations omitted). As in Dallas Area Rapid Transit, however, the court in Long went on to emphasize that the appel-lee could have invoked the trial court’s discretion to deny suspension of the judgment but had not done so: [The appellee] had possible mechanisms for seeking enforcement of the injunction before February 13, 1995 [the date the mandate had issued]. [The appellee] could have sought denial of suspension of the injunction. See former Tex. R.App. P. 47(f) (allowing trial court to decline to permit other judgments to be suspended) (currently Tex.R.App. P. 24.2(a)(3)); City of Robstown v. Westergren, 774 S.W.2d 739, 740-41 (Tex.App.Corpus Christi 1989, no writ) (<HOLDING>). But cf. Public Util. Comm’n v. Coalition of Options: A. holding that district court has discretionary authority under former rule 47f to deny a city suspension of an injunction pending appeal B. holding that district court has discretion under appropriate circumstances to rule on summary judgment motion before addressing pending class certification motion C. holding that when a state commission has the right under section 6001 of the texas civil practice and remedies code to supersede an order the trial court cannot deny suspension of a temporary injunction under former rule 43a currently texrapp p 291b pending an interlocutory appeal D. holding that a district court of appeal opinion which cites as controlling authority a decision that is either pending review in or has been reversed by the court constitutes prima facie express conflict and allows the court to exercise its discretionary jurisdiction E. recognizing that the district court has discretion to admit or deny motive evidence

assistant: The best answer is A. holding that district court has discretionary authority under former rule 47f to deny a city suspension of an injunction pending appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 352 U.S. 313 77 S.Ct. 347 1 L.Ed.2d 352 NATIONAL LEAD COMPANY, Petitioner,v.COMMISSIONER OF INTERNAL REVENUE. No. 124. Argued Dec. 13, 1956. Decided Jan. 22, 1957. Mr. Karl Riemer, Washington, D.C., for the petitioner. Mr. Hilbert P. Zarky, Washington, D.C., for the respondent. Mr. Justice BLACK delivered the opinion of the Court. 1 This is a companion case to United States v. Allen-Bradley Company, 352 U.S. 306, 77 S.Ct. 343, which was also decided today. During World War II petitioner manufactured engine bearings. In 1944 petitioner expanded its plant in an effort to increase the output of these essential war products. At the same time it applied to the War Production Board for certification that the various additions were necessary in the interest of national defense. However the Board, as in Allen-Bradley, granted certificates of necessity for only a part of the cost of petitioner's new facilities. In its income tax return for 1944 petitioner exercised the privilege such certification conferred by taking as a deduction a sum based on the accelerated amortization of that part of the costs which had been certified by the Board. 2 In 1951 the Commissioner of Internal Revenue asserted a deficiency against petitioner on grounds unrelated to the present controversy. Petitioner subsequently filed a petition for redetermination with the Tax Court claiming that it was entitled to a refund for overpayment of income taxes in 1944. The amount of this overpayment was calculated on the basis that petitioner was entitled to accelerate the amortization of the full cost of those facilities covered by the Board's 'partial certifications.' Petitioner contends that the Board was not authorized to certify only a part of the cost of a facility when the Board had determined that the facility as a whole was necessary to the national defense. The Tax Court granted petitioner's claim, but on appeal the Second Circuit reversed, holding that petitioner had forfeited its right to challenge the Board's action by waiting too long after accepting the tax benefits of the 'partial certificates' to attack their validity. 2 Cir., 230 F.2d 161. The Court of Appeals did not reach the question whether the Board was authorized to issue such 'partial certificates.' For reasons stated in our opinion in United States v. Allen-Bradley Company, 352 U.S. 306, 77 S.Ct. 343, we hold that the Board was empowered to issue certificates covering only a part of the cost of petitioner's improvements. Accordingly, we affirm the judgment of the Court of Appeals. 3 Affirmed. 4 Mr. Justice HARLAN joins in the Court's decision for the reasons stated in his concurring opinion in United States v. Allen-Bradley Company, 352 U.S. 306, 77 S.Ct. 343.

assistant: 12
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence offered “for impeachment or to prove other controverted matters, such as ownership, control, or feasibility of precautionary measures.” Pa.R.E. 407. Generally, courts have defined feasibility in this context more broadly than does Langston, to encompass not only technological possibility, but also considerations of cost and practicality and technological possibility. Given the scope of such definition, however, courts have advised that it should be applied cautiously in (5th Cir.1989)). Where, however, a defendant’s evidence and arguments are framed in categorical terms, are presented in the form of superlatives, or, more generally, upset the balance of fairness that Rule 407 seeks to maintain, courts have found the exceptions applicable. See, e.g., Wood, 70 F.3d at 1208 (<HOLDING>); cf. Muzyka v. Remington Arms Co., 774 F.2d Options: A. holding that where the defendants expert described the product design using superlatives namely the safest design you could possibly put on the machine the plaintiff should have been permitted to impeach the expert by inquiring why the safest design possible was modified following the plaintiffs accident B. holding that using a trade secret to produce a design for which a patent application is then submitted and using a product design to procure financing for development of that product constitute use C. holding that district court did not abuse its discretion in refusing to permit a design defect products liability expert to submit an untimely addendum stating a new claim of failure to warn after defense expert refuted the basis of original design defect opinion D. holding that an expert could testify that unguarded elevator buttons constituted a design defect despite the experts lack of a specific background in design and manufacture of elevators E. holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional

assistant: The best answer is A. holding that where the defendants expert described the product design using superlatives namely the safest design you could possibly put on the machine the plaintiff should have been permitted to impeach the expert by inquiring why the safest design possible was modified following the plaintiffs accident
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: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be valid and effective under Applicable Law, but if any provision of this Agreement or the application of any such provision to any Person or circumstance will be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision hereof, and the Parties will negotiate in good faith with a view to substitute for such provision a suitable and equitable solution in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid, illegal or unenforceable provision.

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 legal provision and list the applicable contract clause categories. Provision: Each party hereto agrees to cooperate fully with the other parties hereto and to execute and deliver, or cause to be executed and delivered, such further agreements, instruments and documents and to give such further written assurance and take such further acts as may be reasonably requested by any other party hereto to evidence and reflect the transactions contemplated by this Amendment and to carry into effect the intents and purposes of this Amendment.

assistant: Further Assurances
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: judgment, found that the action was barred by the statute of limitations. Holding that the question of when the sellers were placed on notice of the fraud was a question of fact, the Court of Appeals reversed. Id. at 295, 304, 503 A.2d 1313. In a footnote, the Court quoted with approval a portion of our Poffenberger opinion, wherein we stated: [T]he factual nuances of the case, susceptible to varying interpretations to which that standard must be applied, are questions for a jury, subject to instructions of the court as to what in law is sufficient to constitute a bar or to take the case out of the statute. O’Hara, 305 Md. at 299-300 n. 8, 503 A.2d 1313 (quoting Poffenberger, 46 Md.App. at 604-05, 421 A.2d 90); see Baysinger v. Schmid Prods. Co., 307 Md. 361, 367, 514 A.2d 1 (1986) (<HOLDING>). To the contrary, in Bennett v. Baskin & Options: A. holding in a civil context when reasonable minds cannot differ on the issue of intervening cause the matter can be decided as one of law B. holding when reasonable minds cannot differ the question of comparative negligence is a question of law appropriate for summary judgment C. holding that the issue is not whether officer subjectively feared suspect but whether a reasonably prudent person would justifiably believe that his safety or that of others was in danger D. holding where reasonable minds may differ questions of causation are for the jury E. holding summary judgment was improper because the issue of whether a reasonably prudent person would have undertaken a more diligent investigation was a matter about which reasonable minds could differ

assistant: The best answer is E. holding summary judgment was improper because the issue of whether a reasonably prudent person would have undertaken a more diligent investigation was a matter about which reasonable minds could differ
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 terms “discipline or discharge” in the context of section 31-51q, the Connecticut Superior Court held that “the language of § 31-51q, which ... is restrictive even by Connecticut standards, simply cannot compare with the expansive texts of these asserted federal counterparts.” Bombalicki v. Pastore, 2000 WL 726839, at *5 (Conn.Super.Ct. May 10, 2000). Rather, under section 31-51q, the term “discipline” contemplates “an affirmative act of deprivation that diminishes the status or happiness of the recipient rather than a failure to enhance that status or happiness.” See Burdick v. Clouet, 2011 WL 2739557, at * 7 (Conn.Sup.Ct. June 14, 2011) (citing Bombalicki, 2000 WL 726839, at *3). Examples of discipline include a change in an employee’s salary or fringe benefits. See id. (<HOLDING>). A transfer will generally not be considered Options: A. holding that the failure to condition a transfer on death or remarriage of the wife was a factor showing that the transfer was not in the nature of alimony B. holding that transfer was not discipline because transfer neither altered salary nor fringe benefits C. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court D. holding transfer restriction granted right of first refusal in event of voluntary or involuntary transfer of stock E. holding that a denial of transfer was not an adverse employment action where the plaintiff asserted only that the transfer would allow him to work closer to home

assistant: The best answer is B. holding that transfer was not discipline because transfer neither altered salary nor fringe benefits
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: show and what must be shown to resolve the fac tual dispute at trial. Whether otherwise reliable testing procedures were performed without error in a particular case goes to the weight of the evidence, not its admissibility. Only if a party challenges the performance of a reliable and relevant technique and shows that the performance was so particularly and critically deficient that it undermined the reliability of the technique, will evidence that is otherwise reliable and relevant be deemed inadmissible. “Of course, once a particular theory or technique has satisfied § 36-18-30, a court may take judicial notice of that theory or technique’s reliability. See [Ex parte ] Perry, 586 So.2d [242] at 251 [ (Ala.1991) ]; [United States v.] Beasley, 102 F.3d [1440] at 1448 [ (8th Cir.1996)] (<HOLDING>); [United States v.] Martinez, 3 F.3d [1191] at Options: A. holding pcr motions alleging an illegal sentence are not subject to the timebar B. holding that reliability of the polymerase chain reaction pcr method of dna typing would be subject to judicial notice in future cases C. recognizing that pleadings in the underlying case are subject to judicial notice by an appellate court D. holding that the reliability of the restriction fragment length polymorphism rflp procedure was subject to judicial notice E. holding that another courts decision is a proper subject of judicial notice

assistant: The best answer is B. holding that reliability of the polymerase chain reaction pcr method of dna typing would be subject to judicial notice in future cases
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 will maintain, and cause each Subsidiary to maintain, each Plan in substantial compliance with all material applicable requirements of ERISA and of the Code and with all applicable rulings and regulations issued under the provisions of ERISA and of the Code and will not, and will not permit any of the ERISA Affiliates to (a) engage in any transaction in connection with which the Borrower or any of the ERISA Affiliates would be subject to either a civil penalty assessed pursuant to Section 502(i) of ERISA or a tax imposed by Section 4975 of the Code, in either case in an amount exceeding $500,000, (b) fail to make full payment when due of all amounts which, under the provisions of any Plan, the Borrower any ERISA Affiliate is required to pay as contributions thereto, or permit to exist any accumulated funding deficiency (as such term is defined in Section 302 of ERISA and Section 412 of the Code), whether or not waived, with respect to any Plan in an aggregate amount exceeding $500,000 or (c) fail to make any payments in an aggregate amount exceeding $500,000 to any Multiemployer Plan that the Borrower or any of the ERISA Affiliates may be required to make under any agreement relating to such Multiemployer Plan or any law pertaining thereto.

assistant: Erisa