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: based on his failure to pay the mother’s attorney’s fees was improper when it foreclosed him from litigating child custody issues, in which the best interests of the child must be considered. Id. at 493. See also Barnett v. Barnett, 718 So.2d 302, 304 (Fla. 2d DCA 1998) (“It has long been the rule in Florida that child custody should be decided based on the best interests of the children, not based on the default of one of the parents.”); Andrews v. Andrews, 624 So.2d 391, 392 (Fla. 2d DCA 1993) (reversing an order striking the mother’s pleadings in a modification proceeding for her failure to comply with court orders and noting that decisions affecting child custody require consideration of the child’s best interests); McEwen v. Rodriguez, 766 So.2d 316, 318 (Fla. 4th DCA 2000) (<HOLDING>). For this court to grant a certiorari petition Options: A. holding that the issue of custody was foreign to the dissolution action because the husband was not the natural father but that the husband could seek to intervene to assert a thirdparty custody claim in a pending custody modification proceeding between the childs natural parents B. recognizing policy and ruling that person who failed to file counterclaim when childs paternity was being determined in earlier litigation should not be allowed to bring later suit to establish that he was childs natural father as this would not be in the childs best interests C. holding that cooperation between parents is essential if the arrangement is to be in the best interests of the child D. holding that a modification of custody should not be based on one parents default because it is the childs best interests that are at stake E. holding that requiring a petitioner to establish by clear and convincing evidence that visitation is in the best interests of the child would provide effective protection for a parents choice except where the choice is plainly contrary to a childs best interests

assistant: The best answer is D. holding that a modification of custody should not be based on one parents default because it is the childs best interests that are at stake
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: (i) it is a limited partnership duly formed and validly existing under the laws of Delaware; (ii) has all requisite power, and has all governmental licenses, authorizations, consents and approvals necessary, to own its assets and carry on its business as now being or as proposed to be conducted; and (iii) is qualified to do business in New York State and in all other jurisdictions in which the nature of the business conducted by it makes such qualification necessary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: insolvent, the directors are thereafter considered as trustees for the corporate creditors.” 3 Fletcher Cyclopedia Corporations § 849 (1945 ed.). It appears, then, that the directors of a Chapter 11 debtor are not fiduciaries of the corporation; rather, they are fiduciaries of the estate, which the debtor in possession holds as trustee for the creditors, 11 U.S.C. § 1107(a). Given that, it is difficult to accept debtors’ position that, in effect, there is no difference in the relationship between the debtors and their directors pre- and post-petition, since the nature of the directors’ duties has changed from helmsman to guardian. 43 B.R. at 459-60 n. 22. See also Automatic Canteen Co. of America v. Wharton, (In re Continental Vending Machine Corp.) 358 F.2d 587, 590 (2d Cir.1966) (<HOLDING>); Davis v. Woolf, 147 F.2d 629, 633 (4th Options: A. holding that courts should not substitute their judgment for that of the directors of a corporation B. holding that directors of an insolvent corporation are trustees for the creditors C. holding that independent directors can be entrusted with the decision to sue other directors on behalf of the corporation D. recognizing that insolvent corporations officers are directors and may have fiduciary duty to existing creditors not to dissipate corporate assets E. recognizing that when a corporation is insolvent the trust fund doctrine fundamentally alters the relationship between a corporation its shareholders and its creditors and that corporate or shareholder ratification does not apply to creditors who would be prejudiced thereby

assistant: The best answer is B. holding that directors of an insolvent corporation are trustees for the creditors
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: doubt. We need not reach the merits of this argument because the error, if any, was harmless beyond a reasonable doubt. The element of intent was never a live issue in the case. In this respect, the Bee-man case is distinguishable. There, intent was a principal issue. The defense in Bee-man contended that “although he acted in ways which in fact aided the criminal enterprise, he did not act with the intent of encouraging or facilitating the planning or commission of the offense.” 199 Cal.Rptr. at 69, 674 P.2d at 1327. The court concluded that “where the defense centered on the very element as to which the jury was inadequately instructed ..., we cannot find the error harmless.” Id.; see People v. Caldwell, 36 Cal.3d 210, 224, 203 Cal.Rptr. 433, 441-42, 681 P.2d 274, 282-83 (1984) (<HOLDING>). In the case before us, appellant’s defense Options: A. holding that unless an erroneous instruction was unlikely to have changed the result of the trial a reviewing court cannot say that giving the instruction was harmless error B. holding that any error was harmless and thus not plain error C. holding that a typographical error on the jury verdict form was harmless error because the trial court polled the jurors after the mistake was discovered to make sure that they understood the verdict that they had entered D. holding that a beeman error was harmless because the challenged instruction could not have affected the jury deliberation and verdict E. holding that the defendant could not appeal a jury instruction where he did not object to the challenged instruction but in fact requested it and stated he was satisfied with it

assistant: The best answer is D. holding that a beeman error was harmless because the challenged instruction could not have affected the jury deliberation and verdict
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: 2000 WL 280438, at *2 (Tex.App.-Houston [1st Dist.] March 16, 2000, no pet.); see also General Motors Acceptance Corp. v. City of Houston, 857 S.W.2d 731, 733-34 (Tex.App.-Houston [14th Dist.] 1993, no writ) (because both notice of intent to dismiss and dismissal order contained improper and incomplete address, trial court abused discretion in refusing to reinstate case). The record establishes that notice was sent to the Danny Drive address and returned as undeliverable. The record also shows that previous notices sent to the Danny Drive address were returned undeliverable. Because Sweed properly updated his address with the court, notice was inadequate on the face of the record. See Dickerson v. Sonat Exploration Co., 975 S.W.2d 339, 342-42 (Tex.App.-Tyler 1998, pet. denied) (<HOLDING>); Transoceanic Shipping Co., Inc. v. General Options: A. holding that the trial court erred by granting the defendants motion to dismiss B. holding dismissal for want of prosecution improper where notice of hearing was mailed to an address that was different from the most recent filings and the record and envelopes were returned undeliverable and noting that when the notice was returned undeliverable court personnel should have reexamined the file to determine if there was evidence of a more recent address C. holding that the trial court erred in failing to mail the notice of intent to dismiss to the more recent address included on the lawyers letterhead instead of to the address listed on the partys live pleading D. holding that where trial court erred in applying established law to the facts of the case it must be reversed and remanded for a new hearing to give the trial court an opportunity to address the issue E. holding that the trial court erred in failing to address holiday visitation

assistant: The best answer is C. holding that the trial court erred in failing to mail the notice of intent to dismiss to the more recent address included on the lawyers letterhead instead of to the address listed on the partys live pleading
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: contention that RM Kids lacked standing is moot, and we need not address its contention that the evidence was insufficient to support the jury’s verdict that the “environmental stigma” constituted a title defect covered by the insurance policy. However, we affirm the trial court’s admission of RM Kids’s expert’s testimony and its denial of Old Republic’s motion for directed verdict regarding consi , 914 FSupp. 1252, 1254 (E.D. N.C. 1996) (finding that “[s]ince a lender suffers loss only if the note is not repaid, the discovery of an insured-against lien does not trigger recognition of that loss,” rather “[o]nly the completion of foreclosure signifies that a lender will not collect on its note”); Karl v. Commonwealth Land Title Ins. Co., 20 CalApp4th 972, 983-84 (IV) (Cal. App. 1993) (<HOLDING>); Blackhawk Prod. Credit Assoc. v. Chicago Options: A. holding that the defense of lack of venue must be made at the earliest opportunity to plead or it is waived B. holding that an insured mortgagees loss under a title insurance policy cannot be measured until the note has not been repaid and the security for the mortgage is shown to be inadequate C. holding that the earliest a loss can be claimed on a lenders title insurance policy is at the time of completion of foreclosure D. holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth E. holding that in order for claim to be within scope of coverage of title insurance policy it must be specifically provided for

assistant: The best answer is C. holding that the earliest a loss can be claimed on a lenders title insurance policy is at the time of completion of foreclosure
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 will cause the withholding from any payments or benefits under this Agreement all applicable U.S. federal, state, local and non-U.S. taxes required to be withheld and any other required payroll deductions.

assistant: Withholdings
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 and the documents to be delivered hereunder constitute the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement and the documents to be delivered hereunder and Schedules (other than an exception expressly set forth as such in the Schedules), the statements in the body of this Agreement will control.

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 Company shall use the proceeds from the issuance and sale of the Preferred Shares (a) to fund the consummation of the Offer and (b) to pay any costs, fees and expenses incurred by it in connection with the Transactions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower will not, and will not permit any Loan Party Subsidiary to, create, incur, assume, or suffer to exist, directly or indirectly, any Lien on or with respect to any of its assets, of any kind, whether now owned or hereafter acquired, or any income or profits therefrom, except for Permitted Liens.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive will receive paid vacation of 3 weeks per fiscal year. Beginning with 2016, any unused vacation for a given calendar year shall accrue, and the aggregate value of any unused accrued vacation shall be paid to Executive upon the termination of Executive’s employment with the Company, provided that Executive has submitted a report to the Committee within 30 days following the end of each calendar year reporting on the number of accrued and unused vacation days for such year and the total number of accrued but unused vacation days for all prior years.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was favorable to the defendant; and (3) the suppressed evidence was material to either guilt or punishment. Fox v. State, 175 S.W.3d 475, 490 (Tex.App.-Texarkana 2005, pet. ref'd). When the Brady material is discovered during trial, the initial inquiry is whether the defendant was prejudiced by the delayed disclosure. Palmer v. State, 902 S.W.2d 561, 565 (Tex.App.-Houston [1st Dist.] 1995, no pet.); see also Little v. State, 991 S.W.2d 864, 867 (Tex.Crim.App.1999) (reasoning that to prevail on a Brady claim, defendant must show that State’s tardy disclosure prejudiced defendant). To show prejudice, the defendant must show a reasonable probability that, had the evidence been disclosed to the defense earlier, the result of the proceeding would have been d ex.App.-Texarkana 2010, no pet.) (<HOLDING>); Jones v. State, 234 S.W.3d 151, 158 Options: A. holding that an appellate court cannot address on appeal an issue never ruled upon by the trial court B. holding issues not ruled upon by the trial judge are not preserved for appellate review C. holding brady challenge not preserved because trial court never ruled on complaint D. holding as applied challenges preserved because motion for new trial was filed and the trial court ruled E. holding issues not raised to and ruled upon by the trial court are not preserved for appellate review

assistant: The best answer is C. holding brady challenge not preserved because trial court never ruled on complaint
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 Warrant may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Warrant delivered by e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Warrant.

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 legal provision and list the applicable contract clause categories. Provision: The Board may grant Awards entitling recipients to acquire shares of Common Stock (“ Restricted Stock ”), subject to the right of the Company to repurchase all or part of such shares at their issue price or other stated or formula price (or to require forfeiture of such shares if issued at no cost) from the recipient in the event that conditions specified by the Board in the applicable Award are not satisfied prior to the end of the applicable restriction period or periods established by the Board for such Award. The Board may also grant Awards entitling the recipient to receive shares of Common Stock or cash to be delivered at the time such Award vests or is settled by the Company (“ RSUs ”).

assistant: General
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: which included reports from the dates of each offense, notations of Detective Pennica’s meetings with Figuero after each buy as well as a summary of what Figuero told Detective Pennica during each meeting. Defendant was provided with notice of the substance of Figuero’s statements, and he did not suffer prejudice or unfair surprise as a result of the admission of Figuero’s testimony. See State v. Murillo, 349 N.C. 573, 584-85, 509 S.E.2d 752, 758-59, cert. denied, 528 U.S. 838, 145 L. Ed. 2d 87 (1998) (distinguishing substance from form of discovery and reasoning that for purposes of our discovery statutes, a defendant must simply be provided with the substance or essence of a witness’s oral statement); see also State v. Toler, 189 N.C. App. 212, 657 S.E.2d 446 (2008) (unpublished) (<HOLDING>). Accordingly, we hold that this argument is Options: A. holding that where a defendant has notice of the substance of a witness statement made to law enforcement the trial court has discretion to admit testimony under nc gen stat 15a903al B. holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care C. holding that death of potential alibi witness did not cause actual prejudice because defendant failed to relate the substance of the testimony of the missing witness in sufficient detail and to show witness testimony not available from other sources D. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case E. holding that mandamus will not lie in a complaint founded on alleged abuse of discretion of the trial court in denying certain testimony until the trial court has denied a proper request to take the deposition of the witness

assistant: The best answer is A. holding that where a defendant has notice of the substance of a witness statement made to law enforcement the trial court has discretion to admit testimony under nc gen stat 15a903al
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: Court involve itself in inherently local issues? Although neither counsel for the parties nor I have found any cases resolving this issue, I find it unnecessary to do so in this case because the parties have now stipulated that the Rule 106 claim should be remanded. The federal courts are courts of limited jurisdiction and cannot act in the absence of constitutional and statutory authority. United States v. Hardage, 58 F.3d 569, 574 (10th Cir.1995). Because it is at least questionable whether I may conduct a hearing pursuant to state procedural rules to review an action taken by a local governmental body or officer, I accept the parties’ stipulation and order that this claim be remanded. See Quackenbush v. Allstate Ins. Co., - U.S. -, -, 116, S.Ct. 1712, 1720-21, 135 L.Ed.2d 1 (1996) (<HOLDING>). Qualified Immunity of Individual Defendants Options: A. recognizing that federal courts may decline to exercise jurisdiction where warranted by regard for federalstate relations B. recognizing that enhancement for results obtained may be warranted C. holding that the district court may decline to exercise supplemental jurisdiction over related statelaw claims once it has dismissed all claims over which it had original jurisdiction D. holding that when all federal claims have been dismissed the court should decline to exercise supplemental jurisdiction over the state law claims E. holding that when original jurisdiction claims are dismissed before trial the district court must decline to exercise jurisdiction over pendent state claims unless there is an affirmative justification for doing so

assistant: The best answer is A. recognizing that federal courts may decline to exercise jurisdiction where warranted by regard for federalstate relations
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: Your entitlement to the payments described in this Section 5 (other than the Accrued Obligations) is expressly contingent upon you (or, in the event of your death, your beneficiaries) first providing the Company with a signed general release of claims on the Company’s then-current form (the “Release”) and not revoking such Release for a period of seven days after its execution or thereafter. In order to be effective, the Release must be delivered by you to the Company no later than forty-five (45) days following the Termination Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: contained in Government Exhibit 2, a National Firearms Registration and Transfer Record certificate offered to prove that Breeland’s firearm was not registered to him. The certificate contained the erroneous statement that the seri al number on the weapon had been obliterated (in fact, it had been manufactured without a serial number). Even if this statement improperly prejudiced the jury, as Breeland contends, its admission was harmless in light of the overwhelming proof of Breeland’s guilt. See Schneble v. Florida, 405 U.S. 427, 432, 92 S.Ct. 1056, 1060, 31 L.Ed.2d 340 (1972) (“[UJnless there is a reasonable possibility that the improperly admitted evidence contributed to the conviction, reversal is not required.”); United States v. Tomblin, 46 F.3d 1369, 1388 (5th Cir.1995) (<HOLDING>); United States v. Washington, 44 F.3d 1271, Options: A. holding that where there is competent evidence to support the courts findings the admission of incompetent evidence is not prejudicial B. holding that the district court committed plain error by admitting evidence obtained in violation of the fourth amendment where the error did affect a substantial right of the defendants and the admission of evidence which should have been excluded did have a prejudicial impact on the jury C. holding that erroneous admission of improper and prejudicial evidence did not require reversal because the jury would have returned a verdict of guilty against the defendant even without the prejudicial testimony D. holding that it is improper for a prosecutor to assume the existence of prejudicial facts not in evidence E. holding that the admission of expert testimony was prejudicial where the testimony was pervasive

assistant: The best answer is C. holding that erroneous admission of improper and prejudicial evidence did not require reversal because the jury would have returned a verdict of guilty against the defendant even without the prejudicial testimony
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: Association and the Sassanos to have the fire damage to the building structure assessed by the insurance appraisers. If Guastella or Wasyluk is not proved to have set the fire which burned the Sassanos’ building, the insured loss for which BLT will be entitled to recover from Insurance Guaranty Association should be based on the assessment conducted pursuant to the court’s order that was entered on BLT’s motion. The remaining issues are either moot or clearly without merit. R. 2:11-3(e)(1)(E). The judgment appealed from is reversed, and the case is remanded to the trial court for proceedings not inconsistent with this opinion. 1 For purposes of a civil action, a judgment of conviction i 199 N.J.Super. 494, 498, 489 4.2d 1231 (App.Div.), certif. denied, 101 N.J. 300, 501 A.2d 958 (1985) (<HOLDING>) with Howell v. Ohio Casualty Ins. Co., 130 Options: A. holding that an insurer was obligated to pay for damages and a loss in value to a water treatment plant caused by the insureds defective product B. holding that when an insured suffers a loss but then exaggerates the claim the insurer is released from paying any portion of the claim including the amount of actual loss C. holding that the debtor could not treat a lessor as a secured creditor by paying the present value of the purchase option price of the lease through her chapter 13 plan D. holding insurers right to subrogation arises only upon the insurers showing that the sum of the insureds recovery from the insurer and from persons legally responsible for the injury exceeds the insureds loss E. holding that the insurer did not assume the risk of paying an innocent secured creditor if the insureds sole stockholder intentionally caused the loss

assistant: The best answer is E. holding that the insurer did not assume the risk of paying an innocent secured creditor if the insureds sole stockholder intentionally caused the loss
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 the Continuous Service (as defined in the Plan) of the Grantee, as of a “Vesting Date,” as specified in the Customizing Information, and the Grantee as of such date is not in violation of any confidentiality, inventions and/or non-competition agreement with the Company, all or a portion, as applicable (the “Incremental Amount,” as specified in the Customizing Information), of the RSUs shall vest on such date. For the avoidance of doubt, except as otherwise provided pursuant to the terms of the Plan, if the Grantee’s Continuous Service is terminated by the Company or by the Grantee for any reason, whether voluntarily or involuntarily, no RSUs granted pursuant to this Restricted Stock Unit Agreement shall vest under any circumstances on and after the date of such termination.

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: The provisions of the AGP SERP may be amended at any time and from time to time by the Compensation/Pension Committee for any reason without either the consent of or prior notice to any Participant; provided, however, that no such amendment shall serve to reduce the benefit that has accrued on behalf of a Participant as of the effective date of the amendment. Notwithstanding the foregoing, the Administrative Committee may adopt any amendment to the AGP SERP as it shall deem necessary or appropriate to (i) maintain compliance with current laws and regulations; (ii) correct errors and omissions in the AGP SERP document; and (iii) facilitate the administration and operation of the AGP SERP.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in counterparts which together shall constitute but one and the same original. Delivery of an executed counterpart of this Amendment by email with scanned attachment shall be equally as effective as delivery of an original executed counterpart. Any party delivering an executed counterpart of this Amendment by email with scanned attachment also shall deliver an original executed counterpart, but the failure to deliver such an original executed counterpart shall not affect the validity, enforceability, and binding effect of this Amendment.

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 legal provision and list the applicable contract clause categories. Provision: Following the termination of Executive’s employment for any reason, Executive will cooperate fully with Employer and with the Company’s counsel in connection with any present and future actual or threatened litigation, administrative proceeding or other investigation involving Employer that relates to events, occurrences or conduct occurring (or claimed to have occurred) during the Term. Executive is instructed to tell the truth in any litigation, administrative proceeding, or other investigation involving Employer and nothing herein shall be deemed or construed to suggest otherwise.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: media coverage. Strong measures were ‘necessary to overcome the realistic likelihood of prejudice from pretrial publicity.’ Williams I, supra, 93 N.J. at 67 n. 13, 459 A.2d 641.” Ante at 145, 716 A.2d at 469. The pretrial publicity in this case was in a different class from that experienced by the defendants in Koedatich I, supra, 112 N.J. at 272-73, 548 A.2d 939 (concluding presumption of prejudice did not arise because there was lack of evidence of community hostility against defendant, neither defendant nor- victim was prominent in the community, the victim was not public servant, defendant was not outsider, the articles did not assume defendant’s guilt, and there was two-year lapse between most intense publicity and trial) and Biegenwald II, supra, 106 N.J. at 35, 524 A.2d 130 (<HOLDING>). Many of the articles in this case Options: A. holding that the trial court did not exceed its discretion in striking the amended complaint where the plaintiffs had learned of the facts underlying the new allegations six months before they attempted to amend B. holding that even where there is inflammatory pretrial publicity an adequate coolingoff period between the publication of such material and the trial which in crews was six to eight months together with the trial courts exercise of its discretion to evaluate bias and impartiality during voir dire sufficiently supported the trial courts conclusion that pretrial publicity did not prevent the capital defendant from receiving a fair trial by an impartial jury C. holding request made two months before trial timely D. holding that a change of venue was not warranted due to publicity surrounding an unrelated murder with common features because the defendant failed to establish any specific prejudice against him as a result of the publicity E. holding no presumption of prejudice arose because the publicity had been concentrated six months before trial

assistant: The best answer is E. holding no presumption of prejudice arose because the publicity had been concentrated six months before trial
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: law. The concern about not getting underneath the commission's rates involved the justiciability of determining "reasonable rates," which the Supreme Court has continued to hold that courts must avoid as impermissible judicial rate-making. Montana-Dakota Utilities Co. v. Northwestern Pub. Serv. Co., 341 U.S. 246, 251-52 (1951). ¶ 12. While we note that Keogh was decided when common carriers were restricted by federal legislation and that deregulation has since taken place, its dual concerns of avoiding discriminatory rates and of avoiding judicial rate-making have retained their importance in analyzing attacks on rates set by federal agencies and have caused the filed rate doctrine to be applied in many other contexts. See, e.g., AT&T v. Central Office Tel., Inc., 524 U.S. 214 (1998) (<HOLDING>); Arkansas Louisiana Gas Co. v. Hall, 453 U.S. Options: A. holding that the filed rate doctrine precludes insureds fraudulent inducement claim B. holding that the respondents statelaw claims are barred by the filed rate doctrine C. holding that the filed rate doctrine barred private right of action for consumer fraud D. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine E. holding that the filed rate doctrine applies to the communication acts filedtariff requirements precluding state law claims

assistant: The best answer is E. holding that the filed rate doctrine applies to the communication acts filedtariff requirements precluding state law claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of the Plan or this Agreement, unless there is an available exemption from any registration, qualification or other legal requirement applicable to the Shares, the Company shall not be required to deliver any Shares issuable upon settlement of the Award prior to the completion of any registration or qualification of the Shares under any local, state, federal or foreign securities or exchange control law or under rulings or regulations of the U.S. Securities and Exchange Commission (“SEC”) or of any other governmental regulatory body, or prior to obtaining any approval or other clearance from any local, state, federal or foreign governmental agency, which registration, qualification or approval the Company shall, in its absolute discretion, deem necessary or advisable. The Recipient understands that the Company is under no obligation to register or qualify the Shares with the SEC or any state or foreign securities commission or to seek approval or clearance from any governmental authority for the issuance or sale of the Shares. Further, the Recipient agrees that the Company shall have unilateral authority to amend the Plan and the Agreement without the Recipient’s consent to the extent necessary to comply with securities or other laws applicable to issuance of Shares.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Cockrell Hill v. Johnson, 48 S.W.3d 887 (Tex.App.-Fort Worth 2001, pet. denied). We disagree. In Johnson, we held that, because an unpaid public official was not a public employee and the alleged violations of law at issue were committed in the elected public official’s personal capacity and did not relate to the affairs of the city itself, the Act did not apply. Id. at 896. In this case, Harkrider was a paid city employee. Further, the fact that both Harkrider and Appellee were police officers weighs in heavily on our decision. The evidence shows that Appellee acted in her official capacity as a police officer when she made the report because police officers are on duty 24 hours a day. See Turnage v. JPI Multifamily, Inc., 64 S.W.3d 614, 621 (TexApp.-Houston [1st Dist.] 2001, no pet.) (<HOLDING>). Appellee witnessed a felony being committed Options: A. recognizing affirmative duty of a police officer to prevent the violation of constitutional rights by another officer B. holding that police officers have a duty to prevent crime and arrest offenders 24 hours a day and that a public duty is triggered any time an officer observes a crime even outside the hours of his official work C. holding police officer is a public official D. holding that to state a claim for wage violations under the flsa plaintiffs must provide at least some approximation of the overtime hours that defendants required them to work and a time frame for when those hours were worked E. holding that a plan administrators decision to deny benefits was arbitrary and capricious even though an attending physician had submitted a form stating the plaintiff could sit for six hours stand for two hours and walk for two hours

assistant: The best answer is B. holding that police officers have a duty to prevent crime and arrest offenders 24 hours a day and that a public duty is triggered any time an officer observes a crime even outside the hours of his official work
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 payment in full of the Indebtedness, or in connection with the replacement of a Property with a Substitution Property pursuant to Section 2.1 , Lender shall execute instruments prepared by Borrower and reasonably satisfactory to Lender, which, at Borrower’s election and at Borrower’s sole cost and expense: either, (a) in the case of a repayment of the Indebtedness in full (i) release and discharge all Liens on all Collateral securing payment of the Indebtedness (subject to Borrower’s obligation to pay any associated fees and expenses), or (ii) assign such Liens (and the Loan Documents) to a new lender designated by Borrower; or (b) in the case of the replacement of a Property with a Substitution Property, (i) release and discharge the Lien of the applicable Mortgage on the Property being so replaced and (ii) if following such replacement, Innovel or BBOFD is not the owner of any Property or Substitution Property (other than any Property or Substitution Property that has previously been released hereunder), release Innovel or BBOFD, as the case may be, from its obligations hereunder and under the other Loan Documents and release and discharge all Liens on all Collateral of Innovel or BBOFD, as the case may be, securing payment of the Indebtedness. All Liens on Collateral constituting personal property (but expressly excluding the Land and Improvements as defined in the Mortgage) shall be automatically released upon any transfer of such Collateral permitted under Section 5.2 and Lender shall, upon Borrower’s request and at Borrower’s expense, execute such further documents reasonably acceptable to Lender as Borrower may reasonably request to evidence such release. Any release or assignment provided by Lender pursuant to this Section shall be without recourse, representation or warranty of any kind.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds from the sale of the 2017-1C Securities and the 2017-1R Securities shall be used to fund the Third Mortgage Loan Increase and the proceeds of the Third Mortgage Loan Increase shall be used to (i) prepay the 2012-1C Component, including accrued and unpaid interest thereon, (ii) pay all recording fees and taxes, reasonable out of pocket costs and expenses incurred by the Lender, including reasonable legal fees and expenses of counsel to the Lender, and other costs and expenses approved by the Lender (which approval will not be unreasonably withheld or delayed) related to the 2017-1C Component and the 2017-1R Component; (iii) pay all fees and expenses incurred by the Closing Date Borrowers; and (iv) make a cash distribution to the Guarantor.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 392 U.S. 661 88 S.Ct. 2291 20 L.Ed.2d 1352 John D. WADEv.Howard YEAGER, Warden. No. 857, Misc. Supreme Court of the United States October Term, 1967. June 17, 1968 John G. Thevos, for respondent. On Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476. 2 Mr. Justice BLACK dissents. 3 Mr. Justice HARLAN and Mr. Justice WHITE dissent for reasons stated in Mr. Justice White's dissenting opinion in Bruton v. United States, 391 U.S. 123, 138, 88 S.Ct. 1620, 1629, 20 L.Ed.2d 476 (1968).

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: the crime, the person engages in conduct that in fact constitutes a substantial step toward its commission.” 17-A M.R.S. § 152(1) (2014). [¶ 6] Clarke stipulated that he understood that a criminal charge was pending against him, and the witness testified that he had been subpoenaed as a witness in that pending matter. The witness also testified that Clarke suggested he should “be quiet and not say anything” or that he “could miss [the] court date.” This testimony, including all reasonable inferences regarding Clarke’s intent, constitutes a sufficient basis on which reasonable jurors could find, beyond a reasonable doubt, that Clarke committed each element of tampering with a witness. See State v. Perkins, 2014 ME 159, ¶ 13, 107 A.3d 636; State v. Seymour, 461 A.2d 1060, 1062 (Me.1983) (<HOLDING>). [¶ 7] Contrary to Clarke’s suggestion, that Options: A. holding that the jury could have reasonably inferred the requisite intent to induce the witness to lie or testify falsely from the defendants statements to the witness B. recognizing that where witness has no constitutional or statutory right to refuse to testify jurors are entitled to draw negative inference from witness refusal to testify C. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case D. holding that testimonial hearsay statements of a witness who does not appear at trial are inadmissible under the confrontation clause of the sixth amendment unless the witness is unavailable to testify and the defendant has had a prior opportunity to crossexamine the witness E. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand

assistant: The best answer is A. holding that the jury could have reasonably inferred the requisite intent to induce the witness to lie or testify falsely from the defendants statements to the witness
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 Grantee must pay the amount of any federal, state, local or foreign income or employment taxes required to be withheld on the compensation income resulting from the award of, or lapse of restrictions on, the PSUs directly to the Corporation in cash upon request; provided, however, that where the restrictions on Disposition set forth in Section 2.1 of this Agreement have lapsed the Grantee may satisfy such obligation in whole or in part by requesting the Corporation in writing to withhold from the Common Stock otherwise deliverable to the Grantee or by delivering to the Corporation shares of its Common Stock having a Fair Market Value on the date the restrictions lapse equal to the withholding tax obligation to be so satisfied, in accordance with such rules as the Committee may prescribe. If the Grantee does not make such request, the Corporation will automatically net unless it has previously requested payment in cash. The Corporation may also establish rules, notwithstanding Sections 2.1 and 4.1 hereof, which may differ from those described above in the case of employment taxes if such taxes are deemed to be due before the lapse of restrictions on Disposition. The Corporation’s obligation to issue or credit shares to the Grantee is contingent upon the Grantee’s satisfaction of an amount sufficient to satisfy any federal, state, local or other withholding tax requirements, notwithstanding the lapse of the restrictions thereon.

assistant: Tax Withholdings