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: cases should investigate and present mitigating evidence and that, under these Guidelines, trial counsel were ineffective. However, Bowles does not allege any specific ways in which trial counsel failed to meet the ABA Guidelines. Further, the Guidelines are not inconsistent with trial counsel's actions. Accordingly, we deny this claim. 4 . Spencer v. State, 615 So.2d 688 (Fla.1993). 5 . See, e.g. Nixon v. State, 932 So.2d 1009, 1024 (Fla.2006) (Ring is not retroactive to cases that were final when it was issued); Rodgers v. State, 948 So.2d 655, 673 (Fla.2006) (rejecting Ring claim when one of aggravating factors is prior felony conviction; rejecting that Ring requires aggravators be alleged in indictment and a unanimous jury verdict); Johnson v. State, 904 So.2d 400, 412 (Fla.2005) (<HOLDING>); Blackwelder v. State, 851 So.2d 650, 654 Options: A. holding ring is not retroactive in florida B. holding that the act is not retroactive C. holding retroactive application D. holding that the act is retroactive E. holding apprendi is not retroactive

assistant: The best answer is A. holding ring is not retroactive in florida
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: Borrower shall keep and maintain, or cause to be kept and maintained, all Intellectual Property relating to the use or operation of the Property and, except as set forth on Schedule VI , all Intellectual Property shall be held by and (if applicable) registered in the name of Borrower. Borrower shall not Transfer or let lapse any Intellectual Property without Lender’s prior consent.

assistant: Intellectual Property
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: Neither Borrower nor Senior Borrower is a party to any agreement or instrument or subject to any restriction which might materially and adversely affect Borrower, Senior Borrower, any Senior Collateral or the Collateral, or Borrower’s or Senior Borrower’s business, properties or assets, operations or financial condition. Neither Borrower nor Senior Borrower is in default with respect to any order or decree of any court or any order, regulation or demand of any Governmental Authority, which default might have consequences that would materially and adversely affect the financial condition or operations of Borrower or Senior Borrower or its respective properties or might have consequences that would adversely affect Borrower’s performance hereunder. Neither Borrower nor Senior Borrower is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any Permitted Encumbrance or any other agreement or instrument to which it is a party or by which it or any Senior Collateral is bound.

assistant: 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: sections 6 , 7 , 8 , 10 , 14 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , and 24 herein , as well as any other sections of the agreements that , either explicitly or by their nature , must remain in effect even after termination of the agreements , shall survive termination .

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: cramping as to which the examiner noted: “Doubt esophagitis” (R. at 371); a November 1990 diagnosis of gastroenteritis (R. at 309); and a notation of May 1992 treatment for sharp mid-epigastric pain that radiated through to the back (R. at 893). This is certainly sufficient evidence of the noting in service of an in-service stomach condition. There is also abundant evidence of postservice continuity of stomach-disorder symptomatology based on the veteran’s own accounts contained in his original claim for service connection (R. at 404 (indicating that he has had a “[sjtom-ach condition”, from “1980 to present”)) and in his Substantive Appeal to the Board (R. at 497 (asserting that he has had stomach pain at least since his 1992 discharge from service)). See Savage, 10 Vet.App. at 497 (<HOLDING>). Moreover, there is medical corroboration of Options: A. holding our court on appeal will reverse a judgment for insufficiency of evidence only if this judgment is not supported by substantial and competent evidence upon the record as a whole and this rule applies whether the evidence is direct or wholly circumstantial B. holding that veterans retrospective assertion of continuous symptoms is competent evidence sufficient for this purpose C. holding that where there is competent evidence to support the courts findings the admission of incompetent evidence is not prejudicial D. holding that when competent substantial evidence supports the trial courts ruling this court will not secondguess the trial court on this matter E. recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct

assistant: The best answer is B. holding that veterans retrospective assertion of continuous symptoms is competent evidence sufficient for this purpose
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 order to allegedly coerce a plea or deter an individual from pursuing his or her rights constitutes a “collateral objective” for purposes of a malicious abuse of process claim, the Court concludes that is an inaccurate statement of the law for the reasons discussed in this Memorandum and Order, as well as in the other case authority cited herein. 8 . Defendant Lombardo also moves to dismiss on the ground of absolute immunity and all the individual defendants move to dismiss on the ground of qualified immunity. With respect to defendant Lombardo, plaintiffs argue that his conduct in encouraging the police to issue the appearance tickets was investigatory, and therefore not protected by absolute immunity. See Burns v. Reed, 500 U.S. 478, 496, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991) (<HOLDING>); Amaker v. Coombe, 96 Civ. 1622, 1998 WL Options: A. holding that the police officers had probable cause to make a warrantless entry B. holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity C. holding that advising police officers as to existence of probable cause in particular case was not protected by absolute immunity D. holding that the burden is on the defendants to establish the existence of absolute legislative immunity E. holding that the existence of probable cause in a 1983 case is a jury question

assistant: The best answer is C. holding that advising police officers as to existence of probable cause in particular case was not protected by absolute immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Loan Agreement shall be held or deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatever.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: held that a “trial counsel’s ‘strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel’s decision was reasonable under the norms of professional conduct.’ ” Anderson v. State, 18 So.3d 501, 509 (Fla.2009) (quoting Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000)). Here, attorney' Smith noted that there was nothing else to add at the suppression hearing, that the salient facts were basically undisputed, and that if he had needed the testimony he certainly would have asked Everett to testify. This Court has also consistently held that a trial counsel’s decision to not call certain witnesses to testify at trial can be reasonable trial strategy. See Bowles v. State, 979 So.2d 182, 188 (Fla.2008) (<HOLDING>); Arbelaez v. State, 898 So.2d 25, 39 Options: A. holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy B. holding that counsels failure to object or request a limiting instruction for evidence of defendants incarceration was sound trial strategy C. holding that trial counsels failure to call defendants family members as witnesses during penalty phase was reasonable trial strategy and not ineffective assistance of counsel D. holding that counsels failure to call clinical psychologist to provide emotional disturbance mitigation was reasonable trial strategy E. holding that after weighing the benefitrisk ratio counsels declination to call a clinical psychologist whose testimony could have provided emotional disturbance mitigation was consistent with reasonable trial strategy

assistant: The best answer is D. holding that counsels failure to call clinical psychologist to provide emotional disturbance mitigation was reasonable trial strategy
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: by allowing him to plead his complaint generally at the outset and to “fill in the blanks” following discovery. The issue of whether to relax Rule 9(b)’s pleading requirements for complaints brought under the FCA and to permit early discovery is one of first impression in this circuit. “[S]ome courts have recognized in theory that the particularity requirements of Rule 9(b) may be relaxed in an FCA qui tam action where the information relevant to the fraud is ‘peculiarly within the perpetrator’s knowledge.’ ” United States ex rel. Karvelas v. Melrose-Wakefield Hosp., 360 F.3d 220, 229 (1st Cir.2004) (quoting United States ex rel. Doe v. Dow Chem. Co., 343 F.3d 325, 330 (5th Cir.2003)). However, few courts have actually applied such a standard. Karvelas, 360 F.3d at 229, 231 (<HOLDING>). We join the more recent decisions and Options: A. holding a qui tam relator may not present general allegations in lieu of the details of actual false claims in the hope that such details will emerge through subsequent discovery B. holding a complaints general allegations lacking any details or facts setting out the who what when where and how of the allegedly fraudulent conductwere insufficient to satisfy rule 9b internal quotation marks omitted C. holding that plaintiff could not maintain a qui tam fca action against a municipal entity D. holding that a special relaxing of rule 9b is a qui tam plaintiffs ticket to the discovery process that the statute itself does not contemplate E. holding that specific details about time place and substance of the fraud satisfy rule 9b

assistant: The best answer is A. holding a qui tam relator may not present general allegations in lieu of the details of actual false claims in the hope that such details will emerge through subsequent discovery
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: Any notice required to be given or delivered to the Company under the terms of these Additional Terms and Conditions shall be in writing and addressed to the Company at its principal corporate office. Except to the extent electronic notice is authorized hereunder, any notice required to be given or delivered to you shall be in writing and addressed to you at your most recent address set forth in the Company’s records. All notices shall be deemed effective upon personal delivery (or electronic delivery to the extent authorized hereunder) or upon deposit in the U.S. mail, postage prepaid and properly addressed to the party to be notified.

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: trial court's May 17, 2011 order expressly incorporated the Family Service Plan and notified "the parents that each of the actions required of them below are necessary to obtain the return of the child.” The trial court, as trier of fact, is presumed to be aware of the orders it had previously entered in the case, and thus it did not need to have their existence proven again. See In re J.J.C., 302 S.W.3d 436, 446 (Tex.App.-Houston [14th Dist.] 2009, pet. denied) ("[A] trial court is presumed to 'judicially know what has previously taken place in the case’ tried before it, and the parties 'are not required to prove facts that the trial court judicially knows.' ”); see also In re C.M.C., No. 14-12-00186-CV, 2012 WL 3871359, at *3 (Tex.App.-Houston [14th Dist.] Aug. 30, 2012, no pet. h.) (<HOLDING>). I would also conclude that the evidence was Options: A. holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court B. holding that trial court has no duty to establish waiver on record C. holding in response to argument that no evidence was presented during trial proving existence of court orders specifically establishing actions necessary to obtain return of child that this court has consistently held we may presume the trial court took judicial notice of the record without any request being made and without any announcement that it has done so D. holding that jurys original verdict of guilty without intent and recommend mere was an acquittal such that after it was presented to an officer of the court and the court the trial had ended and the trial court was without authority to return the jury to its room for any further action E. holding that appellate court may presume trial court took judicial no tice of its own record and that trial court record in that case supported prejudice element

assistant: The best answer is C. holding in response to argument that no evidence was presented during trial proving existence of court orders specifically establishing actions necessary to obtain return of child that this court has consistently held we may presume the trial court took judicial notice of the record without any request being made and without any announcement that it has done so
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: U.S. 865, 78 L. Ed. 2d 173 (1983). Defendant argues that because the prosecutor repeatedly suggested to the jurors that they could decide this final issue without reference to mitigating circumstances, defendant must be granted a new sentencing hearing. We disagree. Both the State and the defendant have the right to question prospective jurors about their views on the death penalty. State v. Green, 336 N.C. 142, 159, 443 S.E.2d 14, 24, cert. denied, — U.S. —, 130 L. Ed. 2d 547 (1994). The manner and extent of such an inquiry lie within the trial court’s discretion. Id. “The trial court has broad discretion to s 987). Even assuming arguendo that the question was improper, any error was cured by the trial court’s instructions. See State v. Anderson, 322 N.C. 22, 38, 366 S.E.2d 459, 469 (<HOLDING>), cert. denied, 488 U.S. 975, 102 L. Ed. 2d 548 Options: A. holding that any misstatements of law during closing argument are presumed cured by final instruction B. holding that potential prejudice can be cured by an appropriate iimiting instruction C. holding that any prejudice resulting from a misstatement of the law by the prosecutor was cured by trial courts proper instruction on applicable law D. holding that even though the reasonable doubt instruction given in the case was not the preferred instruction it was not a misstatement of the law and therefore was legally appropriate E. holding that the probative value of contested evidence far outweighed any danger of unfair prejudice where any potential unfair prejudice was cured by a limiting jury instruction

assistant: The best answer is C. holding that any prejudice resulting from a misstatement of the law by the prosecutor was cured by trial courts proper instruction on applicable 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: Former participants in the Broadcast Plan who were hired by Leitch, OSI or Videotek, Inc. prior to January 1, 2006 shall be 100% vested in their Accounts under the Plan.

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: During the Employment Period, the Company shall employ Executive, and Executive shall serve as Senior Vice President, Chief Financial Officer of the Company. Executive’s principal place of employment shall be at the corporate offices of the Company in Houston, Texas. Executive understands and agrees that Executive may be required to travel from time to time for purposes of the Company’s business.

assistant: Employment
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: revealed sufficient evidence to confirm the original allegation of [sic] Mr. Bhatt and several supervisor’s [sic] destroying or dismissing citations. This investigation found, however, insufficient evidence to prove or disprove the allegations linking Mr. Bhatt or anyone else to criminal activity in obtaining illegal monetary benefits.” Calix, the author of the report, however, testified, “[A] ticket that’s destroyed in the sense I wrote it down meaning V, 2003 WL 21750608, at *3-*6 (Tex. App.-Austin Jul. 30, 2003, pet. denied) (mem.op.) (stating there was legally insufficient evidence plaintiffs subjective belief — that the conduct she reported violated the law — was objectively reasonable); Duvall v. Tex. Dept, of Human Servs., 82 S.W.3d 474, 482-83 (TexApp.-Austin 2002, no pet.) (<HOLDING>); Tex. Dep’t of Criminal Justice v. Terrell, 18 Options: A. holding although there was some evidence plaintiff subjectively believed conduct he reported violated the law there was legally insufficient evidence this belief was reasonable B. holding probationer who did not receive notice of specific offenses she was believed to have committed but had notice of probation terms states attorney believed were violated and of the facts constituting violation was not harmed C. holding that the proper standard to apply is to assume that the facts have occurred as reported and then determine whether those facts constitute a violation of law or rule adopted pursuant to law D. recognizing that the focus must be on whether the facts alleged would place a reasonably prudent person in fear of not receiving a fair and impartial trial E. holding there was no evidence a reasonably prudent employee in similar circumstances would have believed facts reported by plaintiff were a violation of law

assistant: The best answer is E. holding there was no evidence a reasonably prudent employee in similar circumstances would have believed facts reported by plaintiff were a violation of 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: This Agreement may be amended only by means of a written amendment signed by the Partnership and the Holders of a majority of the then outstanding Registrable Securities; provided, however , that no such amendment shall materially and adversely affect the rights of any Holder hereunder without the consent of such Holder.

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: (a) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of any Loan Party, threatened against or affecting any Loan Party or any Subsidiary (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) that involve any Loan Document or the Transactions.

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

user: Accordingly, unless required by applicable law, we agree that prior to the execution of a Sale Agreement with respect to the closing of a Possible Transaction, without the prior written consent of the Company, we will not, and we will direct our representatives not to, disclose to any person either the fact that discussions or negotiations are taking place concerning a possible transaction between us and the Company or any to the terms, conditions or other facts with respect to any such Possible Transaction, including the status thereof unless we are advised by counsel that we are required to make such disclosure.

assistant: Yes
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: Both before and after giving effect to (a) the disbursement of the proceeds of the Loans, (b) the consummation of the Transactions and (c) the payment and accrual of all transaction costs in connection with the foregoing and any contribution and indemnification between such Person, the Parent Companies, the Borrower and the Restricted Subsidiaries, on a Consolidated basis, are Solvent.

assistant: Solvency
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: LLC Parent shall give Administrative Agent notice of each of the following (which may be made by telephone if promptly confirmed in writing) promptly but in any event within 10 days after any Responsible Officer of any Loan Party knows of it: (a) the creation, or filing with the IRS or any other Governmental Authority, of any Contractual Obligation or other document extending, or having the effect of extending, the period for assessment or collection of any Taxes with respect to any Tax Affiliate, which would have a Material Adverse Effect and (b) the creation of any Contractual Obligation of any Tax Affiliate, or the receipt of any request directed to any Tax Affiliate, to make any adjustment under Section 481(a) of the Code, by reason of a change in accounting method or otherwise, which would have a Material Adverse Effect.

assistant: Taxes
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: for providing compensated lawyers where the defendant cannot afford to compensate counsel himself eliminates the opportunity for such extraneous influences on criminal proceedings. Nor was the district court entitled to rely on Rivera-Corona’s statement during his plea colloquy that he was satisfied with Marchi’s representation. According to Rivera-Corona, Marchi demanded money that his client presumably did not have as a condition of going to trial, and was prepared to “prosecute” — presumably sue— Rivera-Corona’s family if he didn’t pay it. If true, these facts could support a motion to set aside his plea, as Rivera-Corona’s statement of satisfaction with Marchi at the colloquy could be explained by the same facts. See United States v. Gonzalez, 113 F.3d 1026, 1028 (9th Cir.1997) (<HOLDING>). The implication of Rivera-Corona’s remarks Options: A. holding that the plaintiffs evidence that his back injury precluded him from performing at least 50 of the jobs previously available to him was enough to classify him as disabled under the ada B. holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty C. holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial D. holding the trial court abused its discretion in denying the defendants motion to withdraw his guilty plea because the defendant did not admit to facts demonstrating the required mental state E. holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea

assistant: The best answer is E. holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea
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 triable issue.’ ” Culver v. Gorman & Co., 416 F.3d 540, 546 (7th Cir.2005) (quoting Stone v. City of Indianapolis Pub. Utils. Div., 281 F.3d 640, 644 (7th Cir.2002)). The reason is obvious: “[s]uspicious timing may be just that — suspicious—and a suspicion is not enough to get past a motion for summary judgment.” Loudermilk v. Best Pallet Co., 636 F.3d 312, 315 (7th Cir.2011) (citation omitted). Accordingly, for a suspicious-timing argument alone to give rise to an inference of causation, the plaintiff must demonstrate that “an adverse employment action follows close on the heels of protected expression, and the plaintiff [must] show that the person who decided to impose the adverse action knew of the protected conduct.” Lalvani v. Cook Cnty., 269 F.3d 785, 23, 427 (7th Cir.2009) (<HOLDING>); McClendon v. Ind. Sugars Inc., 108 F.3d 789, Options: A. holding that allegations that employees supervisors yelled at her told her she was a poor manager and gave her poor evaluations chastised her in front of customers and once required her to work with an injured back were insufficient to state title vii claim B. holding that a two to threeday time period between the employees complaint and his discharge was sufficient C. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment D. holding that a oneday time period between the employees complaint and her supervisors recommendation to fire her was sufficient E. holding that the plaintiffs second complaint did not relate back to her first complaint because her second complaint was not an amendment to her first complaint but rather a separate filing

assistant: The best answer is D. holding that a oneday time period between the employees complaint and her supervisors recommendation to fire her was sufficient
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: although we provide rules for user conduct , we do not control or direct users ' actions on facebook and are not responsible for the content or information users transmit or share on facebook .

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: a surgeon who closed an incision after an inaccurate sponge count had failed to show that a sponge was missing was negligent as a matter of law. Laws v. Harter, 534 S.W.2d 449 (1975). However, we decline to extend the rationale of Laws to the present case. In Laws, there was no legitimate explanation for the sponge being left in the patient’s abdomen other than an act or omission by the physician. In this matter, however, we do not know who or what caused the slippery condition on the operating room floor. Moreover, we do not know whether the accidental slip caused the hip dislocation because, as pointed out by Appellants, dislocation is a risk of hip replacement surgery. We therefore hold that the question of whether or not Dr. Witten was negligent was appropriately submitted to th (<HOLDING>); Kroger Grocery & Baking Co. v. Monroe, 237 Options: A. holding that a patron was not guilty of contributory negligence as a matter of law for slipping while leaving a parking lot via the wrong aisle B. holding that injury in a parking lot did not occur on a covered situs C. holding that a mothers method of disciplining her sevenyearold child by driving away and leaving him in a kmart parking lot for fifteen minutes did not as a matter of law create a substantial risk to the childs health or safety D. holding that a customer was not guilty of contributory negligence as a matter of law even though she knew the oil was on the floor before her slip and fall E. holding that the leaving of the keys in the ignition of an unlocked and unattended vehicle parked on an outdoor lot at night is negligence as a matter of law

assistant: The best answer is A. holding that a patron was not guilty of contributory negligence as a matter of law for slipping while leaving a parking lot via the wrong aisle
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 shall perform all the duties and obligations reasonably associated with the position of COO Operations and consistent with the Bylaws or other governing documents of the Company or the Operating Partnership as in effect from time to time, subject to the supervision of the CEO, and shall perform such other duties of an executive, managerial or administrative nature as shall be specified and designated from time to time by the CEO (including the performance of services for any subsidiary or affiliate of the Company (each, including the Company, a “ QTS Company ”) without any additional compensation). Executive shall perform the duties contemplated herein faithfully and diligently.

assistant: Duties
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: Sixth Circuit held that an owner-lessor of retail commercial space did not have standing to maintain an antitrust action against a grocery store retailer whg, would not release its. rental space to allow the plaintiff to lease the space to a different grocery store. The plaintiff claimed "that the defendants intended to monopolize the retail grocery market by destroying the site as a location for the operation of a retail grocery outlet. The Sixth Circuit held that the plaintiff’s injury (rental devaluation) as a supplier of retail space to direct participants in the retail grocery market was not “sufficiently linked to the pro-competitive policy of the antitrust laws.” Southaven, 715 F.2d at 1087; see also Rosenberg v. Cleary, Gottlieb, Steen & Hamilton, 598 F.Supp. 642 (S.D.N.Y.1984) (<HOLDING>). Here, the plaintiffs’ injury is not the Options: A. holding that defendants lacked a reasonable expectation of privacy in common area of residential building B. holding that an order or judgment issued by a disqualified judge is void but not because the court lacked jurisdiction C. holding that owner and developer of shopping mall alleging defendants conspired to keep it from opening a grocery store by filing state court lawsuits and preventing building permits from being issued lacked standing because developer was not a direct participant in the retail grocery market D. holding that court lacked jurisdiction because no warrant or summons was issued during term of supervision E. holding that builder who was in the business of building and selling homes and who had a contract for the building of a home in which employee of subcontractor was injured was to be considered a principal contractor for purposes of workers compensation even though at the time of injury he was the owner of the house being built

assistant: The best answer is C. holding that owner and developer of shopping mall alleging defendants conspired to keep it from opening a grocery store by filing state court lawsuits and preventing building permits from being issued lacked standing because developer was not a direct participant in the retail grocery market
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: Company agrees to pay to Ms. Simonet $11,111.11 per calendar month (or portion thereof) during the Consulting Period for the performance of Services, which payment will be made no later than the tenth day of the calendar month following the calendar month during which Ms. Simonet performed Services under this Agreement. Pursuant to the terms of Ms. Simonet’s outstanding equity awards under the Company’s 2011 Equity Incentive Plan, Ms. Simonet will continue to vest in such outstanding equity awards during the Agreement Term, including, without limitation, the Consulting Period. For the avoidance of doubt, no pro rata portion of this amount shall be made for any partial months of Service during the Consulting Period.

assistant: Fees
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 purchase and sale contemplated herein shall be consummated at the Closing (referred to herein as the “Closing”) which shall occur within thirty (30) days from the date of expiration of the Zoning Period, except for extensions required for curing title or survey defects as set forth in Section 4.1 above, or such earlier date as may be mutually agreed upon by Seller and Purchaser.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH GRANTOR, THE COLLATERAL AGENT AND EACH OTHER SECURED PARTY HEREBY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE RELATIONSHIP ESTABLISHED THEREUNDER.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, there is no pending or, to the Knowledge of the Company, threatened claim, action, suit, arbitration, complaint, charge or investigation or proceeding (each an “ Action ”) against the Company or any Company Subsidiary or any of its assets, rights or properties, nor is the Company or any Company Subsidiary a party or named as subject to the provisions of any order, writ, injunction, settlement, judgment or decree of any court, arbitrator or government agency, or instrumentality. The Company is in material compliance with all existing decisions, orders, and agreements of or with Governmental Entities to which it is subject or bound.

assistant: Litigations
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: developed and applied over the years “on a case-by-case basis with close reference to the facts in each individual case.” Taylor, 73 S.W.3d at 622; see also Sexton v. Jenkins & Assocs., 152 S.W.3d 270, 275 (Mo. banc 2004) (Teitelman, J., concurring). However, the courts have recognized the following general rule: “In cases that have recognized the ‘something more’ element has been met, the supervisor had personally participated in the ‘something more’ by directing the employees to engage in dangerous conditions that a reasonable person would recognize as hazardous and beyond the usual requirements of the employment.” Lyon, 960 S.W.2d at 526; State ex rel. Larkin v. Oxenhandler, 159 S.W.3d 417, 423 (Mo.App. W.D.2005); see also Groh v. Kohler, 148 S.W.3d 11, 15, 16 (Mo.App. W.D.2004) (<HOLDING>). If Arnwine’s petition and supporting evidence Options: A. holding that working conditions were not intolerable to the point of coercion where supervisors yelled at employee told her she was a poor manager gave her poor performance evaluations chastised her in front of customers and once required her to work with an injured back B. holding that the something more requirement was met when after a factory worker complained to her supervisor that her machine was not operating properly the workers supervisor told her to go back to work quit whining and just deal with it C. holding that allegations that employees supervisors yelled at her told her she was a poor manager and gave her poor evaluations chastised her in front of customers and once required her to work with an injured back were insufficient to state title vii claim D. holding that conduct was not sufficiently severe or pervasive where a supervisor allegedly touched plaintiffs hand and thigh lifted her dress hem repeatedly asked her to lunch told her that she was beautiful stared at her and called her home on numerous occasions at night and asked about personal matters E. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment

assistant: The best answer is B. holding that the something more requirement was met when after a factory worker complained to her supervisor that her machine was not operating properly the workers supervisor told her to go back to work quit whining and just deal with it
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Seller has determined that this Agreement is effective to transfer to the Administrative Agent, the Managing Agents and the Purchasers, as assignees of the Seller, the full benefit of and a direct claim against LKQ, as Servicer, and each Originator in respect of each representation or warranty made by LKQ, as Servicer, and each Originator under any Transaction Document.

assistant: Warranties
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 hereby waives compliance by Seller under the Bulk Sales Act (Ontario) in connection with the sale by Seller to Buyer of the Purchased Assets, and Seller hereby covenants and agrees to indemnify and save harmless Buyer from and against any and all Losses suffered or incurred by Buyer as a result of or arising from the failure of Seller to comply with the requirements of such legislation in respect of the purchase and sale of the Purchased Assets, save and except to the extent that any such claim arises by virtue of the non-payment of any Assumed Liabilities.

assistant: Indemnity
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 parties hereto agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby shall be brought in the Delaware Chancery Court or, if such court shall not have jurisdiction, any federal court located in the State of Delaware or other Delaware state court, so long as one of such courts shall have subject matter jurisdiction over such suit, action or proceeding, and that any cause of action arising out of this Agreement shall be deemed to have arisen from a transaction of business in the State of Delaware, and each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party agrees that service of process on such party as provided in Paragraph 5 shall be deemed effective service of process on such party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL IN ALL RESPECTS BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAW OTHER THAN SECTION 5-1401 AND SECTION 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW. THIS AGREEMENT IS BEING DELIVERED IN THE STATE OF NEW YORK.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Register ”) on which it shall record each participation. The Participation Register will include the names and addresses of Buyer (including all participants) and the percentage or portion of such rights and obligations participated. The entries in the Participation Register will be conclusive absent manifest error, and Seller shall treat each Person whose name is recorded in the Participation Register as a buyer for all purposes of this Repurchase Agreement. If Buyer sells a participation in its rights hereunder, it shall provide Seller, or maintain as agent of Seller, the information described in this paragraph and permit Seller to review such information as reasonably needed for Seller to comply with its obligations under this Repurchase Agreement or under any applicable Requirement of Law.

assistant: Participations
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: Regardless of any action the Company or your Employer takes with respect to any or all income tax (including U.S. federal, state and local taxes and/or non-U.S. taxes), social insurance, payroll tax, fringe benefits tax, payment on account or other tax-related items related to your participation in the Plan and legally applicable to you ("Tax-Related Items"), you acknowledge that the ultimate liability for all Tax-Related Items legally due by you is and remains your responsibility and may exceed the amount actually withheld by the Company or your Employer. You further acknowledge that the Company and your Employer: (a) make no representations or undertakings regarding the treatment of any Tax-Related Items in connection with any aspect of the Restricted Stock Units, including the grant of Restricted Stock Units, the vesting of Restricted Stock Units, the subsequent sale of any Shares acquired at vesting and the receipt of any dividends or dividend equivalents; and (b) do not commit to structure the terms of the grant or any aspect of the Restricted Stock Units to reduce or eliminate your liability for Tax-Related Items or achieve any particular tax result. Further, if you are subject to Tax-Related Items in more than one jurisdiction, you acknowledge that the Company and/or your Employer (or former employer, as applicable) may be required to account for Tax-Related Items in more than one jurisdiction.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: `` feature terms '' means any other rules related to specific services like platforms and apis , applications for mobile devices , forums , contests , subscriptions or loyalty programs that we may publish which apply to your use of those specific services and state they are part of these terms .

assistant: None