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: 824, 827 (4th Cir.2010) (on a.motion to dismiss, the facts as alleged irt the' complaint are assumed to be true). 3 . The Amended Complaint was filed on May 20, 2016, and alleges that plaintiff is a current employee of defendant. See Am Comp. ¶ 1. Yet, the employment agreement between the parties, to which the Amended Complaint refers, has a termination date of June 21, 2016. See D. Mot. Summ. J. (Doc. 17), Ex. 2-C, §■7.1. Thus, it appears, from the record that plaintiff’s employment relationship with defendant has terminated since the initiation of this lawsuit. 4 . There are twelve circuit court opinions citing § 7434, and no precedential opinion has dealt with the question presented in this case. See Cuellar-Aguilar v. Deggeller Attractions, Inc., 812 F.3d 614, 620-21 (8th Cir.2015) (<HOLDING>); Pitcher v. Waldmam, 591 Fed.Appx. 466, 467 Options: A. holding that a plaintiff can seek statutory damages even in the absence of actual damages B. holding tcpa is remedial statute and that statutory damages are not punitive damages C. holding that actual damages under respa included emotional damages D. holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested E. holding that even emotional damages could constitute actual damages for purposes of 2605f1a

assistant: The best answer is A. holding that a plaintiff can seek statutory damages even in the absence of actual damages
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: Whether or not the Closing shall occur, all fees, costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby, including accounting and legal fees shall be paid by the party incurring such expenses, except that, upon consummation of the transactions contemplated hereby, the Company shall pay up to $50,000 of the reasonable and documented out-of-pocket fees and expenses incurred by the Investors, including, without limitation, the reasonable and documented fees and expenses of counsel for the Investors.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: transfer is “made” at the time of perfection. See id. All of this raises the question of when a transfer “takes effect” — a question that the statute does not answer. The bankruptcy court assumed, as we have said, that the mortgage transfer took effect on June 30, 2000, when Mr. Lowe signed the mortgage papers and delivered them to the bank. This, we believe, was error. Under Regulation Z, Lowe had an absolute right to cancel the transaction— and to rescind the mortgage — before midnight of July 5, 2000. Accordingly, the bank did not disburse any of the proceeds of the loan until July 6, 2000. For both of these reasons, it seems to us, the mortgage was unenforceable before July 6 and the mortgage transfer took effect on that date. See In re Pitman, 843 F.2d 235, 2Á0-41 (6th Cir.1988) (<HOLDING>). Having determined when the mortgage transfer Options: A. holding that in a case in which an omitted junior mortgagee foreclosed its mortgage the junior mortgagee had the absolute right to redeem from the senior mortgagee who had purchased the property at a sale following foreclosure of the senior mortgage B. holding that a mortgage or modification of a mortgage is not a good or a service under the dtpa C. holding that a mortgage transfer does not take effect until the mortgagee gives value in exchange for the mortgage D. holding that foreclosure of prior mortgage extinguished second mortgage E. holding that the note and the mortgage must coexist to give the mortgage validity

assistant: The best answer is C. holding that a mortgage transfer does not take effect until the mortgagee gives value in exchange for the mortgage
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: do n't post content that contains anything that , in under armour 's sole determination , is objectionable or inhibits any other person from using or enjoying the services , or that may expose under armour or our athletes to any harm or liability of any kind .

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: If any provision of this Award Agreement is held to be invalid or unenforceable under pertinent state law or otherwise or the Company elects not to enforce such restriction, the remaining provisions shall remain in full force and effect and the invalid or unenforceable provision shall be modified only to the extent necessary to render that provision valid and enforceable to the fullest extent permitted by law. If the invalid or unenforceable provision cannot be, or is not, modified, that provision shall be severed from this Award Agreement and all other provisions shall remain valid and enforceable.

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: The captions in this Agreement are for convenience only and shall not be considered a part of or affect the construction or interpretation of any provision of this Agreement. This Agreement may be executed in two or more counterparts (including by electronic or .pdf transmission), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of any signature page by facsimile, electronic or pdf. transmission shall be binding to the same extent as an original signature page.

assistant: Counterparts
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: v. State, 166 So.3d 147, 149 (Ala.Crim.App.2014). The record indicates that the circuit court considered the presumptive sentencing standards before it entered a sentence departing from those standards. The record further indicates that Snow did not object to the circuit court’s departure from the presumptive standards on the basis that the State provided no proof of any aggravating factor or on the basis that the circuit court failed to state any reasons for its departure from the recommended sentence under the presumptive standards. The rules of preservation are well settled. “‘Review on appeal is restricted to questions and issues properly and timely raised at trial.’ ” Ex parte Coulliette, 857 So.2d 793, 794 (Ala.2003)(citing Newsome v. State, 570 So.2d 703, 717 (Ala.Crim.App. )(<HOLDING>). Because Snow did not raise the challenges to Options: A. holding circuit courts decision to depart from the presumptive sentencing recommendation and impose a prison sentence was reversible error where defendant objected on the basis that the state failed to give notice of aggravating factors that would justify a dispositional departure from the presumptive sentencing recommendation and the trial court failed to state on the record a reason for its departure B. holding that notice must state the specific grounds for the departure C. holding presumptive sentencing standards applied retroactively where defendant objected at sentencing hearing on the basis that the presumptive sentencing standards applied to his case D. holding it was unfair for the trial court to rely upon factors already considered in the presumptive sentence as a basis for a durational departure E. holding district court correctly reversed a departure sentence where the trial court failed to provide written reasons for the departure

assistant: The best answer is A. holding circuit courts decision to depart from the presumptive sentencing recommendation and impose a prison sentence was reversible error where defendant objected on the basis that the state failed to give notice of aggravating factors that would justify a dispositional departure from the presumptive sentencing recommendation and the trial court failed to state on the record a reason for its departure
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: discretion. It is an abuse of discretion, however, to fail to award support from the date of the petition for modification where the need for the support and the ability of the former spouse to pay existed at the time that the modification petition was filed. Anderson v. Anderson, 609 So.2d 87, 89 (Fla. 1st DCA 1992) (citation omitted). In Beal v. Beal, 666 So.2d 1054 (Fla. 1st DCA 1996), this court held that the trial court abused its discretion in failing to award retroactive child support to the date that the petition for dissolution was filed. The Beal court explained that “the child’s needs and the [fa-therms ability to pay existed at the time of the filing of the petition for dissolution.” Beal, 666 So.2d at 1054. See also Campbell v. Campbell, 635 So.2d 44, 46 (Fla. 1st DCA 1994)(<HOLDING>); Brock v. Brock, 695 So.2d 744 (Fla. 1st DCA Options: A. holding that the trial court abused its discretion in failing to award the increased child support retroactive to the date of the petition for modification because the childs increased need for support and the former husbands ability to pay the increased child support existed at the time the former wifes petition for modification was filed B. holding that the court could award child support without a showing of changed circumstances where the original divorce decree awarded child support to be set after a specified time upon petition to the court C. holding that the order on the wifes petition for modification of child support was a final order because it disposed of all the issues except for the ancillary issue of attorneys fees D. holding that an outofwedlock childs pending claim for retroactive child support was nondischargeable in bankruptcy because a debt for child support arises upon the birth of the child and that the fact that no court had yet ordered the debtor to support the child does not take the debt outside the scope of 11 usc 523a5 E. holding that trial court abused its discretion in failing to order child support retroactive to date of filing where there was no evidence that husband was unable to pay the ordered amount during that period of time

assistant: The best answer is A. holding that the trial court abused its discretion in failing to award the increased child support retroactive to the date of the petition for modification because the childs increased need for support and the former husbands ability to pay the increased child support existed at the time the former wifes petition for modification was filed
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 is intended to be the final, complete, and exclusive statement of the terms of Employee’s employment by the Company and may not be contradicted by evidence of any prior or contemporaneous statements or agreements, except for agreements specifically referenced herein. To the extent that the practices, policies or procedures of the Company, now or in the future, apply to Employee and are inconsistent with the terms of this Agreement, the provisions of this Agreement shall control. Any subsequent change in Employee’s duties, position, or compensation will not affect the validity or scope of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any Property is damaged or destroyed, in whole or in part, by fire or other casualty (a " Casualty "), Borrowers shall give prompt notice thereof to Lender. Following the occurrence of a Casualty, Borrowers, regardless of whether insurance proceeds are available, shall promptly proceed to restore, repair, replace or rebuild the affected Property in accordance with Legal Requirements to be of at least equal value and of substantially the same character as prior to such damage or destruction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, Employee shall be eligible to participate in the same benefit plans and programs in which other similarly situated Company employees are eligible to participate, subject to the terms and conditions of the applicable plans and programs in effect from time to time; provided, however, that the Company agrees that if at any time during the Employment Period on or after January 1, 2018, the number of hours Employee is regularly scheduled to work do not meet the hours-worked requirement of the Company’s group medical plan, Employee (and Employee’s eligible dependents) shall have the option to continue to participate in the Company’s group medical plan as an eligible employee for the remainder of the Employment Period and the Company will pay or waive 100% of the group medical plan premiums otherwise payable by Employee during such period to enable Employee’s continued participation without the payment of any premium that would be required of active employees participating in the group medical plan, and the Company will treat the premium payments as taxable compensation to Employee and subject to applicable withholding (which Employee agrees may be withheld from his Base Salary). The Company shall not, however, by reason of this Section 5 , be obligated to institute, maintain, or refrain from changing, amending, or discontinuing, any such plan or policy, so long as such changes are similarly applicable to similarly situated Company employees generally.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: All questions arising with respect to the provisions of the Plan and Awards shall be determined by application of the laws of the State of Texas, without giving effect to any conflict of law provisions thereof, except to the extent Texas state law is preempted by federal law. The obligation of the Company to sell and deliver Stock hereunder is subject to applicable federal and state laws and to the approval of any governmental authority required in connection with the authorization, issuance, sale, or delivery of such Stock.

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: During the Employment Period, the Executive shall receive a base salary equal to three hundred thousand dollars ($300,000) per annum (the “ Base Salary ”). The Base Salary shall be reviewed annually by the Compensation Committee (the “ Compensation Committee ”) of the Company’s Board of Directors (the “ Board ”) and may be increased from time to time by the Compensation Committee in its sole discretion. The Base Salary shall be paid in installments in accordance with the Company’s applicable payroll practices, as in effect from time to time, but no less often than monthly.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it before the BIA. We therefore decline to consider it. Cf. Lin Zhong v. U.S. Dep’t of Justice, 480 F.3d 104, 120 (2d Cir.2007). Chen also alleges that the Chinese government recently intercepted mail to his parents containing Chen’s criticism of the government’s treatment of Christians, and that as a result, village officials visited his parents’ house and issued a notice ordering him to report for punishment. The BIA did not abuse its discretion in finding that Chen did not establish materially changed country conditions on this basis, as the BIA did not err in giving little evidentiary weight to the documents Chen submitted in support of his motion. See Jian Hui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir.2008); Xiao Ji Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 342 (2d Cir.2006) (<HOLDING>). The BIA did not abuse its discretion in Options: A. holding that the weight afforded to documentary evidence lies largely within the discretion of the ij B. holding that the weight accorded to evidence lies largely within the agencys discretion C. holding that the weight afforded to the applicants evidence in immigration proceedings lies largely within the discretion of the agency D. holding that the decision as to the weight to be afforded to documentary evidence lies largely within the discretion of the ij E. holding that the weight afforded to the applicants evidence in immigration proceedings lies largely within the agencys discretion

assistant: The best answer is B. holding that the weight accorded to evidence lies largely within the agencys discretion
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: this limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal , state , or municipal law , which can not be pre-empted .

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: The capitalization of the Company is as set forth in the SEC Reports. The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. There are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire any shares of Common Stock, or contracts, commitments, understandings or arrangements by which the Company is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Notes.

assistant: Capitalization
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: clause [of § 921(a)(20) ] defines the rule for determining ‘what constitutes a conviction.’ ... The exemption clause ... is thus just one step in determining whether something should ‘be considered a conviction.’ ”); cf. United States v. Kahoe, 134 F.3d 1230, 1233-34 (4th Cir.1998) (“The plain language of § 921(a)(20) means that a conviction that has been set aside can no longer be disabling. The language does not provide that such a conviction was not disabling between the time it was obtained and the time it was set aside.... Neither the amended language of § 921(a)(20) nor the legislative history of the amendment counsels a result contrary to that set forth in Lewis, and we determine that Lewis is controlling.”); United States v. Thompson, 117 F.3d 1033, 1034 (7th Cir.1997) (<HOLDING>) Like the substantive criminal statutes to Options: A. holding that prior indiana felony was conviction for purposes of defendants 922g1 prosecution and noting that although state law determines whether there is a predicate statelaw conviction once the conviction is established federal law dictates that the convicted felon may not possess any firearm B. holding the use of a 1951 felony conviction as a predicate for a violation of 18 usc 922g1 did not violate the ex post facto clause because the crime of being a felon in possession of a firearm was not committed until after the effective date of the statute under which he was convicted C. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense D. holding that a prior conviction obtained in violation of a defendants constitutional rights cannot be used as the underlying conviction in a prosecution under colorados felon with a gun statute E. holding that a prior conviction ie one for which the civil right to possess a firearm has not been restored is an element of a 922g1 violation

assistant: The best answer is A. holding that prior indiana felony was conviction for purposes of defendants 922g1 prosecution and noting that although state law determines whether there is a predicate statelaw conviction once the conviction is established federal law dictates that the convicted felon may not possess any firearm
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 robbery, via a police squad car, and was shown to Haley standing in the same place where the robber stood. Show-up procedures have been widely condemned because of their potential to render unreliable, mistaken identifications. See Stovall v. Denno, 388 U.S. 293, 302, 87 S.Ct. 1967, 1972-73, 18 L.Ed.2d 1199 (1967) (“The practice of showing suspects singly to persons for the purpose of identification, and not as part of a lineup, has been widely condemned.”). A show-up is inherently suggestive because the witness is likely to be influenced by the fact that the police appear to believe the person brought in is guilty, since presumably the police would not bring in someone that they did not suspect had committed the crime. See United States v. Watson, 587 F.2d 365, 367 (7th Cir.1978) (<HOLDING>), cert. denied, 439 U.S. 1132, 99 S.Ct. 1055, Options: A. recognizing that court has inherent power to control the judicial business before it B. recognizing the inherent power of the courts to issue warrants C. recognizing inherent suggestiveness of showups D. recognizing courts inherent power to issue subpoenas E. recognizing inherent power of courts of appeals

assistant: The best answer is C. recognizing inherent suggestiveness of showups
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 (a) hereby irrevocably submits to the jurisdiction of the state courts of the Charleston, South Carolina, and to the jurisdiction of the United States District Court for the District of South Carolina, for the purpose of any suit, action or other proceeding arising out of or based upon this Pledge Agreement or the subject matter hereof brought by the Lender or its successors or assigns and (b) hereby waives, and agrees not to assert, by way of motion, as a defense, or otherwise, in any such suit, action or proceeding, any claim that the Borrower is not subject personally to the jurisdiction of the above-named courts, that the Borrower’s property is exempt or immune from attachment or execution, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper or that this Pledge Agreement or the subject matter hereof may not be enforced in or by such court and (c) hereby waives and agrees not to seek any review by any court of any other jurisdiction which may be called upon to grant an enforcement of the judgment of any such Ohio state or federal court. The Borrower hereby consents to service of process by certified or registered mail at the address to which notices are to be given. The Borrower agrees that the Borrower’s submission to jurisdiction and his consent to service of process by mail are made for the express benefit of the Lender. Final judgment against the Borrower in any such action, suit or proceeding may be enforced in other jurisdictions by suit, action or proceeding on the judgment, or in any other manner provided by or pursuant to the laws of such other jurisdiction; provided , however , that the Lender may at its option bring suit, or institute other judicial proceedings, against the Borrower in any state or federal court of the United States or of any country or place where the Borrower may be found.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced under any Law or as a matter of public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties to this Agreement shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated by this Agreement be consummated as originally contemplated to the greatest extent possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or absurd result.”). Lastly, Cluley argues that the State improperly relied on an exhibit that was not introduced into evidence before the District Court. He refers to a letter from a representative of the testing equipment’s manufacturer concerning the acceptable testing parameters for the equipment in question. In its brief, the state explained that it only had marked this exhibit for identification purposes at the suppression hearing. Because the letter merely corroborated the testimony of DOH’s tester, the state’s reference to this document has no bearing on the outcome of our review. In any event, the rules of evidence do not apply at suppression hearings. See Rules 101(B)(1) and 104(a)(b) of the Rhode Island Rules of Evidence; State v. Pena-Lora, 710 A.2d 1262, 1264 (R.I.1998) (<HOLDING>). Conclusion For these reasons,.we grant the Options: A. recognizing that the federal rules of evidence do not apply to sentencing hearings B. holding that the rules of evidence normally applicable in criminal trials do not operate with full force at hearings before the judge to determine the admissibility of evidence there is therefore much to be said for the proposition that in proceedings where the judge himself is considering the admissibility of evidence the exclusionary rules aside from rules of privilege should not be applicable and the judge should receive the evidence and give it such weight as his judgment and experience counsel C. holding that the burden is upon the state under the applicable federal rules of evidence D. holding that the rules of evidence do not apply when a court is deciding upon preliminary questions dealing with the admissibility of evidence under rule 104 except for questions of privilege E. holding that federal evidentiary rules control on questions of admissibility of expert medical witness testimony even in diversity cases

assistant: The best answer is D. holding that the rules of evidence do not apply when a court is deciding upon preliminary questions dealing with the admissibility of evidence under rule 104 except for questions of privilege
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon termination of the S&O Agreement and the other Transaction Documents and the performance of the obligations thereunder, the security interests created by this Agreement shall terminate and Aron shall promptly execute and deliver to the Company such documents and instruments reasonably requested by the Company as shall be necessary to evidence the termination of all security interests given by the Company to Aron hereunder.

assistant: Terminations
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: oral argument before us Appellants’ counsel denied that her statement was intended to encompass the claims asserted against the BCB Members. In our view, counsel’s ambiguous statement made at the summary-judgment hearing is simply not clear enough to constitute an abandonment of Appellants’ damage claims asserted against Governor Haley in her official capacity. See Doe v. Kidd, 501 F.3d 348, 354 (4th Cir. 2007) (“Federal law is well-settled that waiver is the voluntary and intentional relinquishment of a known right, and courts have been disinclined lightly to presume that valuable rights have been conceded in the absence of clear evidence to the contrary.” (alteration and internal quotation marks omitted)). Cf. Santos v. Frederick Cty. Bd. Of Comm’rs, 725 F.3d 451, 463 (4th Cir. 2013) (<HOLDING>); Feikema v. Texaco, Inc., 16 F.3d 1408, 1417 Options: A. holding that counsels ambiguous statement during argument on summary judgment motion did not constitute waiver B. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed C. holding that the failure to oppose a basis for summary judgment constitutes waiver of that argument on appeal D. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed E. holding that hearsay statement did not constitute competent evidence and thus could not be considered in opposition to motion for summary judgment

assistant: The best answer is A. holding that counsels ambiguous statement during argument on summary judgment motion did not constitute waiver
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: cases suggest that the ADA is inapplicable to arrests because an arrest is not the type of service, program, or activity from which a disabled person could be excluded or otherwise denied a benefit. See Armstrong v. Wilson, 124 F.3d 1019 (9th Cir.1997) (‘We agree with the Seventh Circuit’s conclusion that although ‘incarceration itself is hardly a ‘program’ or ‘activity’ to which a disabled person might wish access, ... there is no doubt that an educational program is a program, and when it is provided by and in a state prison it is a program of a public entity.)’ ” (citing Crawford v. Indiana Dept. of Corrections, 115 F.3d 481, 483 (7th Cir.1997)), cert. denied, 524 U.S. 937, 118 S.Ct. 2340, 141 L.Ed.2d 711 (1998); Rosen v. Montgomery County Maryland, 121 F.3d 154, 157 (4th Cir.1997) (<HOLDING>); Rylee v. Chapman, 2008 WL 3538559, slip Options: A. holding in a case involving a deaf person arrested for drunk driving that calling a drunk driving arrest a program or activity of the county the essential eligibility requirements of which in this case are weaving in traffic and being intoxicated strikes us as a stretch of the statutory language and of the underlying legislative intent B. holding that misdemeanor drunk driving by its very nature involves conduct that presents a serious potential risk of physical injuiy to another C. holding that police officers who instructed an intoxicated and unlicensed teenager who was a passenger in a vehicle operated by his intoxicated relative to drive the vehicle home rather than go through the effort of preparing arrest paperwork for the two intoxicated subjects were immune from liability for damages resulting from deaths of two innocent motorists and injuries to another cause by the drunk driving relative D. holding that statute prohibiting driving while intoxicated applied to defendant driving on a private parking lot E. holding that samples of breath taken from a breathalyzer test were only potentially useful to a criminal defendant convicted of drunk driving

assistant: The best answer is A. holding in a case involving a deaf person arrested for drunk driving that calling a drunk driving arrest a program or activity of the county the essential eligibility requirements of which in this case are weaving in traffic and being intoxicated strikes us as a stretch of the statutory language and of the underlying legislative intent
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 Security Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Security Agreement by facsimile or other electronic imaging means (e.g. “pdf” or “tif”) shall be effective as delivery of a manually executed counterpart of this Security Agreement.

assistant: Counterparts
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: between the TIC TAC mints sold by Ferrero U.S.A. and those sold by Ozak. Although we earlier upheld the district court’s conclusion that the differences in composition between the two types of TIC TAC mints qualified as “material,” it does not follow that Ozak’s importation of the U.K. TIC TAC mints rises to the level of bad faith, malice, fraud, or even willfulness. The liability issue was a close one, since the parallel importation of genuine goods that do not materially differ from their domestic counterparts does not violate the Lanham Act. See Weil Ceramics, 878 F.2d 659. When Ozak began importing U.K. TIC TAC mints on December 30,1986, the legality of importation of gray market goods was unsettled. See NEC Elecs. v. Cal Circuit Abco, 810 F.2d 1506 (9th Cir. Feb. 24, 1987), (<HOLDING>), cert. denied, 484 U.S. 851, 108 S.Ct. 152, 98 Options: A. holding that 157d required withdrawing reference where bankruptcy court faced lanham act claim partly involving the issue of secondary meaning because interpreting lanham act provisions to a given set of facts is generally neither simple nor straightforward B. holding that parallel importation of genuine goods does not violate lanham act C. holding that the act does not violate separation of powers is not void for vagueness and does not violate principles of due process by allowing a victim veto precluding application of the act D. holding that the fact that parallel proceedings force a defendant to make a difficult choice as to whether to testify does not of itself violate the constitution E. holding that lanham act claim was not prohibited due to fact that author had not registered copyright

assistant: The best answer is B. holding that parallel importation of genuine goods does not violate lanham act
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: Promptly upon receipt by Parent or Seller (as the case may be) of notice of the assertion of any claim in respect to which indemnity may be sought against the indemnifying party (the “ Indemnifying Party ”) pursuant to this Section 10, the indemnified party (the “ Indemnified Party ”) shall promptly notify the Indemnifying Party in writing and the Indemnifying Party shall assume the defense thereof, including the employment of counsel reasonably satisfactory to the Indemnified Party. The failure of any Indemnified Party to give timely notice hereunder shall not affect rights to indemnification hereunder, except to the extent that, the Indemnifying Party is actually prejudiced thereby. Notwithstanding the foregoing, in the event any of the Parent Indemnitees are the Indemnified Party, such Parent Indemnitee may assume control of the defense of the applicable claim if the claim (a) relates to or arises in connection with any criminal proceeding, action, indictment, allegation or investigation or (b) primarily seeks an injunction or equitable relief against the Indemnified Party and such request for an injunction or equitable relief is not incidental or secondary to the underlying claim for relief, provided that the Indemnifying Party will not be obligated to indemnify the Indemnified Party hereunder for any settlement entered into or any judgment that was consented to without the Indemnifying Party’s prior written consent (such written consent will not be withheld or delayed unreasonably). In addition, in the event that the Indemnifying Party fails to assume the defense of any such claim or a court of competent jurisdiction, upon petition by the Indemnified Party, determines that the Indemnifying Party failed or is failing to vigorously prosecute or defend such claim, then the Indemnified Party shall have the right to defend any such claim and such Indemnified Party’s costs and expenses associated with such defense shall constitute indemnifiable Losses.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to pay as incurred (within 10 days following the Company’s receipt of an invoice from the Executive), to the full extent permitted by law, all legal fees and expenses that the Executive may reasonably incur as a result of any contest (regardless of the outcome thereof) by the Company, the Executive or others of the validity or enforceability of, or liability under, any provision of this Agreement or any guarantee of performance thereof (including as a result of any contest by the Executive about the amount of any payment pursuant to this Agreement), plus, in each case, interest on any delayed payment at the applicable federal rate provided for in Section 7872(f)(2)(A) of the Code.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: recent opinion of the United States Supreme Court in Cardegna into consideration. On its own motion, the trial court held a hearing to determine what effect, if any, the Cardegna decision had on this court’s mandate. The trial court found as follows: As to the supplemental authority provided by Charles Boyd Construction, Inc., the argument advanced by defendant that the recent ruling in Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006), has an effect on the Fifth District Court of Appeal’s mandate is not one that the trial court can accede to because the Fifth District Court of Appeal’s ruling that this court must determine the enforceability of the contract is law of the case. See Brunner Enter. v. Dep’t of Revenue, 452 So.2d 550 (Fla.1984) (<HOLDING>). The trial court pointed out that the subject Options: A. holding that when highest court of state has not decided particular issue of substantive law federal court faced with this issue in diversity must make an erie guess as to how highest court would rule B. holding that law of the case acts as a bar only when the issue in question was actually considered and decided by the first court C. recognizing that a lower court cannot change the law of the case as decided by the highest court hearing a case D. holding that when there is no ruling by the states highest court it is the duty of the federal court to determine as best it can what the highest court of the state would decide E. holding that a court is not bound by a lower tribunals decision under the law of the case doctrine

assistant: The best answer is C. recognizing that a lower court cannot change the law of the case as decided by the highest court hearing a case
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 Grantor shall keep and maintain at its own cost and expense complete records of the Receivables, in a manner consistent with prudent business practice as determined in the reasonable business judgment of such Grantor, and records of all payments received and all credits granted on the Receivables, all merchandise returned and all other dealings therewith.

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 case excerpt and choose the best holding from the options. Case excerpt: 117 S.Ct. 1382 (citing Monell, 436 U.S. at 694, 98 S.Ct. 2018). When a local government official’s decisions are unre-viewable within the governing structure, those decisions may fairly be said to represent official as well as final policy because within that official’s sphere of discretion, she is the vessel through which the municipality acts. See id. That authorizing legislation requires an official to make her decisions based on “merit and fitness alone” makes her authority no less final when that official herself is the sole determiner of whether that standard has been met. See Praprotnik, 485 U.S. at 126, 129, 108 S.Ct. 915 (plurality opinion); see also, id. at 145 n. 7, 108 S.Ct. 915 (Brennan, J., concurring); Martinez v. City of Opa-Locka, 971 F.2d 708, 714-15 (11th Cir.1992) (<HOLDING>); Melton v. Oklahoma City, 879 F.2d 706, 724-25 Options: A. holding that under praprotnik a town charters directive that city managers personnel decisions be based on merit and fitness did not preclude city managers final policymaking authority where no other town officials were empowered to enforce that provision B. holding that city managers single unconstitutional action was sufficient for the imposition of municipal liability C. holding that a jurys finding that a city had delegated its final policymaking authority in the area of law enforcement to a city police chief was supported by the evidence and warranted imposing liability upon the city D. holding that security interest was not perfected since debtor conducted business only in one town in the state and creditor did not file financing statement in that town E. holding that under praprotnik city manager had final policymaking authority regarding personnel decision despite city charters command that all personnel decisions be made according to merit and fitness

assistant: The best answer is A. holding that under praprotnik a town charters directive that city managers personnel decisions be based on merit and fitness did not preclude city managers final policymaking authority where no other town officials were empowered to enforce that provision