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 legal provision and list the applicable contract clause categories. Provision: Each Bonus Award shall be paid in cash in a single lump sum. The Company shall be authorized to withhold, report or require a Participant to remit to the Company all required taxes and charges, including any federal, state, local or other taxes and social insurance contributions or payroll taxes, with respect to any taxable event concerning a Participant arising under the AIP. Amounts will be determined by the Company in U.S. dollars, but may be paid to employees outside the United States in local currency. Alternatively, the Bonus Award may be paid in the form of Common Stock or in a combination of cash and Common Stock. Bonus Award Payments made in Common Stock shall be made in accordance with the provisions of the Equity Incentive Plan.

assistant: Tax 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 may be signed in any number of counterparts, each of which shall be an original and all of which, taken together, constitute a single instrument. This Agreement may be executed by facsimile signature or by electronic mail (including via any “.pdf” or other similar electronic means) and all such signatures shall be effective as originals.

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: In the event of the death of the Executive during the term of his employment hereunder, the Company shall pay to the estate of the deceased Executive an amount equal to the sum of (x) any unpaid amounts of his Base Salary to the date of his death, plus (y) six months of Base Salary. Additionally, all unvested or unexercised stock options shall immediately vest and accrue to the benefit of the Executive's spouse, Melinda Koester Poss.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery by the Investor of this Agreement and, as of the Closing Date, the Investor Rights Agreement do not and will not, and the consummation of the Transactions and compliance with the provisions of this Agreement and the Investor Rights Agreement will not, conflict with, or result in any violation or breach of, or default (with or without notice or lapse of time, or both) under, or give rise to a right of termination, cancellation or acceleration of any obligation or to the loss of a benefit under, or result in the creation of any right or benefit on the part of any third party under, or result in the creation of any Lien upon any of the properties or assets of the Investor under (i) the organizational or governing documents of the Investor or (ii) assuming that the authorizations, consents and approvals referred to in Section 4.04 are obtained prior to the Closing Date and the filings referred to in Section 4.04 are made, (A) any term, condition or provision of any Contract to which the Investor or any of its Affiliates is a party or by which any of its properties or assets are bound and that is material to the business of the Investor and its Affiliates, taken as a whole, (B) any Law that is material to the Investor and its Affiliates, taken as a whole, or (C) any judgment, permit, concession, grant or franchise, in each case, applicable to the Investor or any of its Affiliates or any of its properties or assets, other than, in the case of clause (ii) above, any such conflicts, violations, breaches, defaults, rights, losses or Liens that, individually or in the aggregate, have not had and would not reasonably be expected to have a material adverse effect on the Investor’s ability to consummate the Transactions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Parent and Merger Sub has the requisite corporate power and authority to execute, deliver and enter into this Agreement and to consummate the transactions contemplated hereby. The execution and delivery by each of Parent and Merger Sub of this Agreement, the consummation by each of Parent and Merger Sub of the transactions contemplated by this Agreement, and the performance by Parent and Merger Sub of its obligations hereunder, have been duly authorized by all necessary corporate action on the part of each of Parent and Merger Sub, and no other corporate action is or proceeding on the part of Parent or Merger Sub is necessary to authorize the execution and delivery of this Agreement or the other transactions contemplated by this Agreement. Each of Parent and Merger Sub has duly executed and delivered this Agreement, and this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general application relating to creditors’ rights generally or by principles of equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each of its Subsidiaries is in compliance in all material respects with the requirements of all Applicable Law and all orders, writs, injunctions and decrees applicable to it or to its properties (except for Environmental Laws that are the subject of Section 6.12), and possesses all licenses, permits, franchises, exemptions, approvals and other governmental authorizations necessary for the ownership of its Property (including its Oil and Gas Properties) and the conduct and operation of its business, except in such instances in which the failure to comply therewith, either individually or in the aggregate, would not reasonably be expected to have a Material Adverse Effect.

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: on appeal unless it is unsupported by the evidence or the judge has abused his discretion.” Id. LAW/ANALYSIS I. Willful Contempt Mother raises several grounds as to how the family court erred in its finding of contempt. We have reduced those arguments to their analytical essence. At the outset, we note that because the family court was in a better position to assess the credibility and demeanor of the witnesses, we defer to the family court as to any alleged error regarding the specific factual findings. After observing these parties over the course of a three-day hearing, the family court was in a better position to evaluate their credibility and assign comparative weight to their testimony. See S.C. Dep’t of Soc. Servs. v. Mary C., 396 S.C. 15, 26, 720 S.E.2d 503, 509 (Ct. App. 2011) (<HOLDING>); Pinckney v. Warren, 344 S.C. 382, 387-88, 544 Options: A. holding it is proper to defer to the family court even if conflicting evidence is presented on appeal as long as ample evidence in the record supports the family courts findings and conclusions B. holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence C. holding that family courts conclusions will not be set aside if supported by findings D. holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record E. holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts

assistant: The best answer is A. holding it is proper to defer to the family court even if conflicting evidence is presented on appeal as long as ample evidence in the record supports the family courts findings and conclusions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a private individual under like circumstances ____’ C.P. Chemical Company, Inc. v. United States, 810 F.2d 34 (2d Cir.1987) (emphasis added). The test of whether the government has waived its immunity under the FTCA is referred to as the like circumstances test. The government argues that whenever a government contract requires a contractor to provide workers compensation insurance to its employees that are working on government property, that application of the like circumstances test of the FTCA prohibits recovery from the United States for workplace injuries. The government reasons that if it were acting as a private employer in like circumstances to its contracting for its services, it would have provided workers compensation insurance, as evidenced by the requirement in ir.1993) (<HOLDING>); Wilcox v. United States, 910 F.2d 477 (8th Options: A. holding united states government is immune from rico suit B. holding that the united states was a statutory employer under puerto rico law C. holding that the united states was a statutory loaning employer under illinois law D. holding that the united states was a statutory employer under missouri law E. holding that the united states was a statutory employer under kansas law

assistant: The best answer is B. holding that the united states was a statutory employer under puerto rico law
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: credibility for different reasons. The withheld evidence went to Storch’s sophistication and motivation in his capacity as a prosecution informant and not, like the other evidence produced at trial, to his general propensity for dishonesty. Even if the lies did not provide a novel angle of attack on Storch’s credibility, which we believe they do, as we explained in Killian, “the finders of fact were deprived of the fundamental inference that if [the government informant] lied about X, Y, and Z, it is quite likely that he lied about Q, R, and S.” 282 F.3d at 1209. The evidence withheld revealed that Storch, like the witness in Bern, was “completely unreliable, a liar for hire, [and] ready to perjure himself for whatever advantage he could squeeze out of the system.” 283 F.3d at 1059 (<HOLDING>). Because Storch’s testimony implicating Options: A. holding that the failure to disclose evidence known to the defense cannot form the basis of a brady violation B. holding as brady violation prosecutions failure to disclose to defense that prosecution had agreed not to prosecute key witness in exchange for his testimony at trial C. holding impeachment evidence falls within the brady rule D. holding that the alleged brady material was merely cumulative to the significant impeachment that already occurred during trial so there was no prejudice for a brady violation E. holding that the prosecutions failure to disclose multiple pieces of critical impeachment evidence that could have been used to undermine credibility of the jailhouse informant who testified that defendant admitted committing the murders was sufficient to violate brady

assistant: The best answer is E. holding that the prosecutions failure to disclose multiple pieces of critical impeachment evidence that could have been used to undermine credibility of the jailhouse informant who testified that defendant admitted committing the murders was sufficient to violate brady
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: Debtor waives presentment and demand for payment of any of the Obligations, protest and notice of dishonor or default with respect to any of the Obligations, and all other notices to which Debtor might otherwise be entitled, except as otherwise expressly provided herein or in the Securities Purchase Agreement.

assistant: Waivers
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: at 639, 107 S.Ct. at 3038. We begin our analysis with the first prong of the Harlow test and ask whether there was a clearly established right to familial integrity when HSD obtained temporary custody of the Oldfield children via an ex parte order. The right to familial integrity embodied in the Fourteenth Amendment, see Griffin v. Strong, 983 F.2d 1544, 1547 (10th Cir.1993), is a substantial right and one that has been clearly established by the Supreme Court in several cases. See Stanley v. Illinois, 405 U.S. 645, 652, 92 S.Ct. 1208, 1212, 31 L.Ed.2d 551 (1972) (unwed father has substantial interest in retaining custody of children born out of wedlock with whom he maintained strong parental relationship); May v. Anderson, 345 U.S. 528, 533, 73 S.Ct. 840, 843, 97 L.Ed. 1221 (1953) (<HOLDING>); Prince v. Massachusetts, 321 U.S. 158, 166, Options: A. holding that a parents right to the care custody companionship and management of his or her child is a fundamental right protected by the federal and state constitutions B. recognizing fundamental right of parents to care for their children C. recognizing in dictum parents right to care custody management and companionship of their children D. recognizing parents fundamental liberty interest in the care custody and management of their children E. holding that natural parents have a fundamental liberty interest in the care custody and management of their children

assistant: The best answer is C. recognizing in dictum parents right to care custody management and companionship of their children
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 shall have received, on reasonably satisfactory terms, all consents and authorizations required pursuant to any Contractual Obligation with any other Person and shall have obtained all permits of, and effected all notices to and filings with, any Governmental Authority, in each case, as may be necessary to allow each Borrower lawfully to execute, deliver and perform, in all material respects, its obligations hereunder and under the other Loan Documents to which it is, or shall be, a party and each other agreement or instrument to be executed and delivered by it pursuant thereto or in connection therewith.

assistant: Consents
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: bills of lading (900 vs. 1800); 5) the description of the goods in the inspection document as “New Orleans” rather than “New, Original”; 6) the inconsistency in the number of boxes in the shipment both within the packing list and in relation to the bills of lading; 7) the packing list’s specification of a shipment date seven days after the list was purportedly created; and 8) the inconsistency between the weight of the goods listed in the packing list, 38,000 lbs., and the weight listed in the bills of lading, 64,800 lbs. Courts have found substantial compliance lacking in situations where the beneficiary’s documents contained much less significant and extensive discrepancies than are present here. See, e.g., Brul v. MidAmerican Bank & Trust Co., 820 F.Supp. 1311, 1313-14 (D.Kan.1993) (<HOLDING>); Rhode Island Hosp. Trust Nat’l Bank v. Options: A. holding that a party providing a letter of credit fails at its peril to include in the letter language restricting honor and payment of the credit B. holding that plaintiff had standing where the beneficiary of a letter of credit had assigned to plaintiff its cause of action for wrongful dishonor of the letter of credit C. holding that documents did not substantially comply where copies of letter of credit and promissory note were submitted and letter of credit required originals D. holding that a bank fee for a letter of credit to secure a stay pending appeal was not a taxable cost where no statute or court rule allowed such a cost and where the letter of credit was unnecessary and therefore a discretionary expense to which the opposing party had objected E. holding that 1823e does not apply to a claim relating to a letter of credit a letter of credit is a liability not an asset

assistant: The best answer is C. holding that documents did not substantially comply where copies of letter of credit and promissory note were submitted and letter of credit required originals
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: Not Established Legislative Notice We explain why we reject the Commonwealth’s argument that plaintiffs have been provided with adequate legislative notice of the procedures for reimbursement. In some circumstances, the publication of clear, reasonably comprehensible regulations publically available in hard copy and/or online may s es not extend to regulations that are not publically available. See, e.g., City of West Covina, 525 U.S. at 242, 119 S.Ct. 678 (“[N]otice of the procedures for protecting one’s property interests may be required when those procedures are arcane and are not set forth in documents accessible to the public.” (discussing Memphis Light, Gas & Water Div. v. Craft, 436 U.S. 1, 98 S.Ct. 1554, 56 L.Ed.2d 30 (1978))); Butler v. Castro, 896 F.2d 698, 703 (2d Cir.1990) (<HOLDING>). In the present case, the Commonwealth’s Options: A. holding basic elements of due process are notice and a right to be heard B. holding that where new york citys procedures for returning seized property were contained in an unpublished judicial order and not reflected in the most updated version of the municipal code the city failed to demonstrate legislative notice and the administrative scheme violated the basic notice requirements of the due process clause C. holding that the plaintiffs benefits were found in the new york state constitution and vested in the plaintiffs by the terms of a statutory scheme D. holding notice of balance due satisfies notice and demand requirements E. holding that notice to supervisor is notice to city

assistant: The best answer is B. holding that where new york citys procedures for returning seized property were contained in an unpublished judicial order and not reflected in the most updated version of the municipal code the city failed to demonstrate legislative notice and the administrative scheme violated the basic notice requirements of the due process clause
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: this, issue in the administrative tribunal.” Jeffreys v. Griffin, 1 N.Y.3d 34, 39, 769 N.Y.S.2d 184, 801 N.E.2d 404 (N.Y.2003); see also Burkybile v. Bd. of Educ., 411 F.3d 306, 310 (2d Cir.2005) (“New York courts give quasi-judicial administrative fact-finding preclu sive effect where there has been a full and fair opportunity to litigate”). Although there have been instances where a particular governmental entity’s administrative procedure has been deemed to have too much “procedural laxity” for collateral estoppel to apply, see Colon v. Coughlin, 58 F.3d 865, 869 (2d Cir.1995), the Second Circuit has tacitly recognized that no such issue exists with respect to NYPD administrative disciplinary hearings, such as the one that Plaintiff currently faces. See Locurto, 447 F.3d at 170-72 (<HOLDING>). Having determined that collateral estoppel Options: A. holding that to determine collateral estoppel effect of a federal civil rights action fjederal law governs the preclusive effect of a claim arising under federal law B. holding that unreviewed state administrative proceedings do not have preclusive effect on title vii claim C. recognizing the doctrine of collateral estoppel in agency proceedings D. recognizing that nypd disciplinary hearings can have preclusive effect but ultimately holding that collateral estoppel did not apply due to issues specific to the administrative proceedings in that case E. holding that state law controls whether issues decided in a prior state court action are entitled to preclusive effect and setting forth the elements of collateral estoppel under washington law

assistant: The best answer is D. recognizing that nypd disciplinary hearings can have preclusive effect but ultimately holding that collateral estoppel did not apply due to issues specific to the administrative proceedings in that 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: This Forbearance Agreement may be executed in counterparts, each of which when so executed will be deemed an original, but all such counterparts together will constitute but one and the same instrument. Delivery of an executed counterpart of a signature page to this Forbearance Agreement by facsimile or other similar method of electronic transmission shall be effective as delivery of a manually executed counterpart of this Forbearance 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: 2 . Both the district court and Respondents claim that the Fifth Circuit has recognized only an executive privilege, not a law enforcement privilege. Consequently, they argue, Petitioner’s claim to a law enforcement privilege is not supported by this Circuit’s law. However, they provide no basis for why the privilege should be labeled "executive” instead of “law enforcement" or how that label impacts the substance of the privilege. Like other circuits using the law enforcement moniker, the purpose of the privilege in the Fifth Circuit is to protect from release documents relating to an ongoing criminal investigation. The term “law enforcement privilege” ap pears to have evolved over time out of the same concept. Compare Black v. Sheraton, 564 F.2d 531, 545-46 (D.C.Cir.1977) (<HOLDING>) with Landry v. FDIC, 204 F.3d 1125, 1135 Options: A. recognizing the law enforcement investigatoiy privilege B. holding that state attorney general as member of executive department may assert claim of executive privilege C. recognizing in the context of discussing executive privilege that law enforcement documents disclosing investigative techniques or sources should be minimized D. recognizing privilege E. recognizing as a matter of law executive privilege for governor

assistant: The best answer is C. recognizing in the context of discussing executive privilege that law enforcement documents disclosing investigative techniques or sources should be minimized
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A Participant shall deliver to the Administrative Committee all directions, orders, designations, notices or other communications on appropriate forms to be furnished by the Administrative Committee. The Administrative Committee shall also receive notices or other communications directed to Participants from the Trustee and transmit them to the Participants. All elections which may be made by a Participant under this Plan shall be made in a time, manner and form determined by the Administrative Committee unless a specific time, manner or form is set forth in the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Nat’l Bank of El Paso v. Farah Mfg. Co., Inc., 678 S.W.2d 661, 681 (Tex.App.-El Paso 1984, writ dism’d by agr.), called into question on other grounds, Wal-Mart Stores, Inc. v. Sturges, 52 S.W.3d 711, 724 (Tex.2001). 17 . In Paragraph 57 of the Counterclaims, Tenant-Base also made allegations regarding a dispute between Hillwood and entities referred to as Radical Cuban and Radical Arena regarding profit distributions made by Landlord-Center to Radical Arena and a subsequent lawsuit filed by Hillwood against Radical Cuban and others and that "Center had knowledge of the Radical Cuban-Hillwood feud.” Moreover, in Paragraph 58, Tenant-Base alleges that “Center knew that the feud between Hillwood and Radical Cuban would ., No. CIV H-02-0098, 2005 WL 3371875, at *6 (S.D.Tex. Dec. 12, 2005) (<HOLDING>); McCarthy v. Wani Venture, A.S., 251 S.W.3d Options: A. holding no jurisdiction over nonresident customer where contract was solicited negotiated and consummated in oklahoma for billboards to be built in texas and erected in oklahoma payments were made to texas and defendant would not earn a profit from texas and had no other contact with texas B. holding that appellant failed to establish abuse of discretion in dismissal of texas suit in which appellant failed to show georgia would refuse to apply texas law C. recognizing validity under texas law of stringalong fraud where defendant failed to disclose defective condition of software to induce plaintiff to install and use the newest software version and thus to remain defendants customer D. holding under pre1990 version of 4406f that it precluded the customer from asserting that certain checks were forged because the customer failed to discover the forgeries and notify the bank timely E. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied

assistant: The best answer is C. recognizing validity under texas law of stringalong fraud where defendant failed to disclose defective condition of software to induce plaintiff to install and use the newest software version and thus to remain defendants customer
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 your continued employment, 33-1/3% of the Stock Units will vest on [DATES]. Each date on which a Stock Unit is scheduled to vest pursuant to this Section II.B.2. is a “ Scheduled Vesting Date .” In the event of your termination of employment, the occurrence of your Permanent Disability (as defined in Section V.G.) or the occurrence of a “ Change in Control ” (as defined in the Plan) prior to a Scheduled Vesting Date, your right to any Stock Units that are unvested immediately prior to your termination of employment or occurrence of your Permanent Disability, as applicable, will be determined in accordance with Section III. or Section IV., as applicable. For the avoidance of doubt, the date of your termination of employment for purposes of determining vesting under this Section II.B.2. will be determined in accordance with Section III.G.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and the Holding Company will, and will cause each of the Borrower’s Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property (including Environmental Laws) and all of its Contractual Obligations, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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: was in part motivated by her pregnancy. “Direct evidence is that which demonstrates ‘a specific link between the alleged discriminatory animus and the challenged [employment] decision, sufficient to support a finding by a reasonable fact finder that an illegitimate criterion actually motivated [the employer’s] decision’ to take adverse employment action.” Deneen at 436 (quoting Thomas v. First Nat’l Bank of Wynne, 111 F.3d 64, 66 (8th Cir.1997)). In finding direct evidence of pregnancy discrimination in Deneen, the Eighth Circuit noted that remarks about the plaintiffs pregnancy “were made contemporaneously and directly in connection with the adverse employment decision.” Deneen at 436. See also Browning v. President Riverboat Casino-Missouri, Inc., 139 F.3d 631, 635 (8th Cir.1998) (<HOLDING>); Radabaugh v. Zip Feed Mills, Inc., 997 F.2d Options: A. holding good faith jury instruction is not necessary when the court has given an adequate specific intent instruction B. holding supervisors reference to plaintiff as that white boy was sufficient direct evidence of discriminatory intent for mixedmotives jury instruction C. holding that circumstantial evidence alone may establish discriminatory intent D. recognizing that whether an employee uses the mcdonnell douglas approach or relies on direct or circumstantial evidence of discriminatory intent the employee must counter the employers legitimate nondiscriminatory reason for its adverse action in such a manner as to create a genuine issue as to discriminatory intent E. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given

assistant: The best answer is B. holding supervisors reference to plaintiff as that white boy was sufficient direct evidence of discriminatory intent for mixedmotives jury instruction
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: motion. 9 . Plaintiffs also argue that because this statement was incorporated by reference into the registration statements filed with the SEC for the Hotels.com, LendingTree, and Expedia mergers, those registration statements were rendered materially false and misleading as well. See infra at I.D. 10 . See supra Background at II.A.2. 11 . The Derivative Complaint describes Dil-ler’s relationship with defendants Khosrowsh-ahi, Bennett, and Malone (DC ¶ 123(f)), but none of these individuals was serving on the Board at the time plaintiffs filed their Complaint, and thus Diller’s relationships to them are not relevant to the issue of demand futility. (See id. ¶ 114); See Cal. Pub. Employees’ Ret. Sys. v. Coulter, 2002 Del. Ch. LEXIS 144, 2002 WL 31888343, at *5 (Del. Ch. Dec. 18, 2002) (<HOLDING>); see also Haseotes v. Bentas, C.A. No. 19155 Options: A. holding that the findings of fact conclusions of law and decision signed by the school board president constituted the decision of the board B. recognizing absolute immunity for attorneys and board members of the texas medical board C. holding that where approval of the board of directors was not formally requested a demand would have been futile for it could hardly be expected that if approval of the board of directors were sought defendant who controlled 50 of the board would have authorized the action against himself D. holding that the board as constituted on the date that the original complaint was filed is the board for purposes of evaluating whether demand is required or excused E. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings

assistant: The best answer is D. holding that the board as constituted on the date that the original complaint was filed is the board for purposes of evaluating whether demand is required or excused
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: As of each Valuation Date, each Account will be adjusted, with either an increase or a decrease, to reflect the deemed investment experience of the Account since the preceding Valuation Date. For this purpose, the Account will be adjusted to reflect the investment return under the Participant’s investment elections pursuant to Article 8.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: S.Ct. 2250; R ird Circuit "failed to afford due respect to the role of the jury and the state courts of Pennsylvania”); Hardy, 132 S.Ct. at 495 (reversing the Second Circuit and stating, “[T]he deferential standard of review set out in 28 U.S.C. § 2254(d) does not permit a federal court to overturn a state court's decision on the question of unavailability merely because the federal court identifies additional steps that might have been taken. Under AEDPA, if the state-court decision was reasonable, it cannot be disturbed.”); Dixon, 132 S.Ct. at 27 ("Because it is not clear that the Ohio Supreme Court erred at all, much less erred so transparently that no fairminded jurist could agree with that court’s decision, the Sixth Circuit's judgment must be reversed.”); Mitts, 131 S.Ct. at 1765 (<HOLDING>); Felkner, 131 S.Ct. at 1307 ("The state Options: A. holding that the ninth circuit erred because the state appellate courts conclusion that one incorrect statement in jury instructions did not render the instructions likely to mislead the jury was not unreasonable B. holding that the sixth circuit erred in granting habeas relief because the state courts upholding of jury instructions and verdict forms regarding the weighing of aggravating and mitigating factors was not contrary to or an unreasonable application of clearly established federal law citation and internal quotation marks omitted C. holding that the sixth circuit erred by following its own precedent rather than that of the supreme court in determining what is clearly established federal law D. holding that the sixth circuit erred in finding that the state courts jury instructions were contrary to clearly established federal law E. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states

assistant: The best answer is D. holding that the sixth circuit erred in finding that the state courts jury instructions were contrary to clearly established federal law
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 Executive shall receive an annual base salary of $500,000 (“ Annual Base Salary ”) and shall be payable in cash at the times consistent with the Company’s general policies regarding compensation of employees, but in all events no less frequently 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that you will not copy , transfer , or distribute outside the service any content that contains any linden content , in whole or in part or in modified or unmodified form , except as allowed by an applicable product policy or other policy , or that infringes or violates any intellectual property rights of linden lab , other content providers , or any third parties .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: clearly be insufficient to meet the elements of the Texas indecency-with-a-child statute, even if performed to arouse or gratify the sexual desire of the actor. See United States v. Brown, 3 USCMA 454, 457, 13 C.M.R. 10 (1953) (noting “it became necessary for Congress and the President to cover a wider field of sex crimes practiced on minors or committed in their presence,” and “the many variations in which it is possible to take indecent liberties with a child”). The two Paragraph 87 offenses at issue here are “much broader and cover[ ] a significant amount of conduct that the Texas offense does not.” Anderson, 394 S.W.3d at 539. “While the elements of ... offenses need not ‘parallel’ one another to be ‘substantially similar,’ they must criminalize a similar ‘range of conduct.’ ” Id. (<HOLDING>). The Paragraph 87 offenses are much broader Options: A. holding that a debtor is required to claim any exemptions under north carolina law because north carolina is an opt out state under 11 usc 522b B. holding that north carolina court lacked personal jurisdiction over illinois bank even though some of its customers resided in north carolina and loan proceeds were used in north carolina C. holding that because north carolina has opted out of the exemptions provided under 11 usc 522d the exemptions available for bankruptcy debtors in north carolina depend upon the law of north carolina D. holding the north carolina statute encompasses a markedly different range of conduct than the texas offense to which it is compared E. holding that a foreign subsidiary that is not registered to do business in north carolina has no place of business employees or bank accounts in north carolina does not design manufacture or advertise its products in north carolina and does not solicit business in north carolina cannot be subject to personal jurisdiction in north carolina even if some of the companys products do enter north carolina through the stream of commerce

assistant: The best answer is D. holding the north carolina statute encompasses a markedly different range of conduct than the texas offense to which it is compared
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to pick him up. 39. This evidence was not sufficient to establish that law enforcement officials unfairly caused the commission of the crime. All they did was give Defendant the opportunity to commit the crime. “Where the evidence presented indicates that defendant merely was given an opportunity to commit a crime and that no undue persuasion or enticement was utilized, there is no factual basis for a claim of entrapment.” Rodriguez, 107 N.M. at 616, 762 P.2d at 903. There was no evidence presented in this case of undue persuasion or enticement, nor any evidence that the police had exceeded the standards of proper investigation, and therefore we hold that the trial court correctly refused to instruct the jury on entrapment. See Vallejos, 1997 NMSC 040, ¶ 38, 123 N.M. 739, 945 P.2d 957 (<HOLDING>). REFUSAL TO INSTRUCT ON MEDICAID FRAUD AS A Options: A. holding that it was prejudicial error to fail to give such a cautionary instruction even where the defendant did not object at trial to the lack of such an instruction when the accomplice testimony was uncorroborated B. holding that failure to request jury instruction about manner in which evidence was obtained was not error and thus did not constitute ineffective assistance because defendant was not entitled to instruction C. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given D. holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction E. holding the defendant is entitled to an entrapment instruction when sufficient evidence exists from which a reasonable jury could find entrapment

assistant: The best answer is D. holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction
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: in an individual Hobbs Act case need only be ‘potential’ ”), cert. denied, — U.S. -, 126 S.Ct. 732, 163 L.Ed.2d 568 (2005); United States v. Re, 401 F.3d 828, 835 (7th Cir.2005) (“Moreover, the impact on commerce need not be actual; given that the Hobbs Act criminalizes attempts as well as completed crimes, it is enough that the conduct (here, the conspiracy to extort) had the potential to impact commerce.”), cert. denied, — U.S. -, 126 S.Ct. 1652, — L.Ed.2d - (2006); United States v. Rivera Rangel, 396 F.3d 476, 482 (1st Cir.2005) (“The government need only show a realistic probability of a de minimis effect on interstate commerce in order to bring extortion within the reach of the Hobbs Act.” (internal quotation omitted)); United States v. Perrotta, 313 F.3d 33, 36 (2d Cir.2002) (<HOLDING>); United States v. Toles, 297 F.3d 959, 969 Options: A. recognizing it is the law in our circuit that if the defendants conduct produces any interference with or effect upon interstate commerce whether slight subtle or even potential it is sufficient to uphold a prosecution under the hobbs act internal quotation omitted B. holding the limitations to congresss commerce clause authority recognized in lopez have no effect on the establishment of the interstate commerce element of the hobbs act C. holding that the district court properly denied defendants motion to dismiss based upon a lack of jurisdiction when defendant challenged the interstate commerce element of the hobbs act D. holding that an effect on commerce is sufficient even though the effect is not immediate or direct or significant but instead is postponed indirect and slight E. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce

assistant: The best answer is A. recognizing it is the law in our circuit that if the defendants conduct produces any interference with or effect upon interstate commerce whether slight subtle or even potential it is sufficient to uphold a prosecution under the hobbs act internal quotation omitted
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 term (the “Term”) of this Agreement shall begin on the Effective Date and shall end on the six month anniversary of the Transition Start Date, at which time Employee’s employment with the Company will terminate, unless terminated earlier by reason of Employee’s resignation of his employment or by the Company with Cause (such date that the Term ends or is terminated being the “Termination Date”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer and the Sellers shall cooperate fully with each other and their respective counsel and accountants in connection with any actions required or advisable to be taken as a part of their respective obligations under this Agreement, including but not limited to the obtaining of Consents and all regulatory approvals. In connection therewith, Buyer and the Company shall take such actions, and shall execute and deliver to any other party such further documents as, in the opinion of counsel for such other party, may be reasonably necessary or advisable to ensure, complete and evidence the consummation of the transactions contemplated by this Agreement.

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: July 9, 2014). B. Procedural History 1. The First Appeal Sutton sued Martin, the Metropolitan Government of Nashville and Davidson County, the Kroger Company, John Szcerbiak, and John Doe Security Company, alleging violations of his Fourth, Fifth, Eighth, and Fourteenth Amendment rights, as well as state-law claims of false arrest and false imprisonment.’ Martin moved to dismiss based, in part, on qualified immunity. The district court refused to dismiss Sutton’s Fourth Amendment claim and he filed an interlocutory appeal. This court affirmed the denial of Martin’s motion to dismiss, for failure to state a claim, but we also substantially narrowed the scope of the Fourth Amendment claim against Martin. Sutton v. Metro. Gov’t of Nashville & Davidson Cnty., 700 F.3d 865 (6th Cir.2012) (<HOLDING>). We first concluded that Martin’s initial Options: A. holding that qualified immunity applies only if an officer had arguable probable cause to arrest B. recognizing that an immigration arrest and detention needs to be supported by probable cause or reasonable suspicion C. holding that sutton failed to state a claim that officer martin lacked reasonable suspicion required to detain sutton during the initial contact and questioning sutton sufficiently alleged that martin detained him beyond the scope of the initial detention szcerbiaks identification of sutton as the shoplifter provided probable cause to arrest but sutton adequately pleaded that he was arrested without probable cause and martin was not entitled to qualified immunity D. holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity E. holding that a state courts finding that the prosecutor did not have probable cause to go forward with the charges did not necessarily mean that probable cause to make the initial arrest was lacking

assistant: The best answer is C. holding that sutton failed to state a claim that officer martin lacked reasonable suspicion required to detain sutton during the initial contact and questioning sutton sufficiently alleged that martin detained him beyond the scope of the initial detention szcerbiaks identification of sutton as the shoplifter provided probable cause to arrest but sutton adequately pleaded that he was arrested without probable cause and martin was not entitled to qualified immunity