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: to ... [his] terms, conditions, and privileges of employment.” 42 U.S.C. § 12112. To state a claim for employment discrimination under the statute, a plaintiff must allege: “[1] that he had a disability within the meaning of the ADA, [2] that he was ‘qualified’ for the position ..., and [3] that he suffered an adverse employment action because of his disability.” Swanks v. WMATA 179 F.3d 929, 934 (D.C.Cir.1999). Because a plaintiff survives a motion to dismiss only if he alleges “sufficient factual matter ... to state a claim to relief that is plausible on its face,” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (internal quotation marks omitted), Blackwell’s complaint must allege facts plausibly suggesting that each element has been satisfied to survive SecTek’s moti 94, 106-07 (D.D.C.2008) (<HOLDING>). Blackwell’s complaint does not specifically Options: A. holding that whether a person has a disability under the ada is an individualized inquiry B. holding that there is no right of recovery against individual defendants under the ada C. holding that blindness in one eye did not automatically constitute a disability D. holding that an individual alleged a disability under the ada because he was blind in one eye and had severe diabetes causing him to fall asleep at unpredictable times E. holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability

assistant: The best answer is D. holding that an individual alleged a disability under the ada because he was blind in one eye and had severe diabetes causing him to fall asleep at unpredictable times
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 has disclosed to the Lenders all agreements, instruments, and corporate restrictions to which the Borrower or any Subsidiary thereof is subject that could reasonably be expected to result in a Material Adverse Effect. No written information furnished by or on behalf of the Borrower to the Administrative Agent, the Security Trustee or any Lender in connection with the negotiation or syndication of this Agreement or any other Loan Document or delivered hereunder or thereunder (as modified or supplemented by any other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, taken as a whole, in light of the circumstances under which they were made, not misleading.

assistant: Disclosures
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 Lender and each Issuing Bank hereby authorizes, and each other Person accepting the benefit of the Liens created by the Security Instruments shall be deemed to have authorized, the Administrative Agent to release (a) any Collateral that is permitted to be sold or released pursuant to the terms of the Loan Documents, and (b) any Mortgaged Property that does not constitute Material Real Property if any Building (as defined in the applicable Flood Insurance Regulation) or Manufactured (Mobile) Home (as defined in the applicable Flood Insurance Regulation) is situated on such Mortgaged Property and the Administrative Agent, in its sole discretion, determines that the costs, financial and otherwise, of obtaining or maintaining a Lien or complying with all Governmental Requirements with respect to such Lien outweigh the benefit to the Secured Parties of the security afforded thereby. Each Lender and each Issuing Bank hereby authorizes, and each other Person accepting the benefit of the Liens created by the Security Instruments shall be deemed to have authorized, the Administrative Agent to execute and deliver to the Borrower (or file, if appropriate), at the Borrower’s sole cost and expense, any and all releases of Liens, termination statements, assignments or other documents reasonably requested by the Borrower in connection with any sale or other disposition of Property to the extent such sale or other disposition is permitted by the terms of Section 9.11 or is otherwise authorized by the terms of the Loan Documents. To the extent any Property is sold, assigned, conveyed or otherwise transferred as expressly permitted by Section 9.11 to any Person other than a Loan Party, such Collateral shall be sold, assigned, conveyed or otherwise transferred free and clear of all Liens created by the Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Okay. So you don’t have that material with you here today. Berquist: No, sir. Defendant’s Attorney: That’s all I have, Your Honor, Thank You. ¶ 42. Illinois Central failed to properly object to Berquist’s testimony regarding reasons why the major railroads were amending their safety rules and to Berquist’s reference to statistical information from the FRA booklet. Thus, we find that Illinois Central is now procedurally barred from arguing on appeal that the trial court committed reversible error by allowing this evidence to be admitted. Cotton v. State, 675 So.2d 308, 314 (Miss.1996) (finding that when objection is made during bench conference, the complaining party must preserve the record for appeal to avoid being procedurally barred); Fleming v. State, 604 So.2d 280, 294 (Miss.1992) (<HOLDING>). ¶ 43. Procedural bar aside, our rules of Options: A. holding the absence of a timely ob jection causes defendant to be procedurally barred from asserting the alleged error on appeal B. holding that a prosecutorialmisconduct claim was procedurally barred when raised for the first time on appeal C. holding that claims raised on direct appeal are procedurally barred from consideration in a rule 3850 motion D. holding that defendant was procedurally barred from raising issue on appeal where issue was listed as grounds in motion for new trial E. holding that a caldwell claim is procedurally barred if it is not raised on direct appeal

assistant: The best answer is A. holding the absence of a timely ob jection causes defendant to be procedurally barred from asserting the alleged error on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 919 F.2d 1543 (11th Cir.1990) (same). 47 . Duncan v. Alabama, 881 F.2d 1013, 1017 (11th Cir.1989). 48 . See Edwards v. Arizona, 451 U.S. 477, 484-85, 101 S.Ct. 1880, 1885, 68 L.Ed.2d 378 (1981). 49 . (1) "I want to see if my mom got me a lawyer yet. I don’t know, I ain’t got in contact with her yet.” (2) "Yes, sir, the reason I was wanting one here.” (3) "That is why I was wanting my lawyer. I want to see if my mom has a lawyer so I can have him with me." (4) "I was waiting on — I want my mom to get me a lawyer.” (5) “Another one.” 50 . (1) "Well, I’m acting as your attorney today.” (2) "Well, that’s why I’m representing you today."' 51 . "I went back and explained to you that you did have a lawyer appointed for you." 52 . See Cannady v. Dugger, 931 F.2d 752, 755 (11th Cir.1991) (<HOLDING>); Fleming, 837 F.2d at 947 (holding that a Options: A. holding do you think i need a lawyer to be ambiguous B. holding that a suspect made an acceptable request for counsel by stating i dont think i want to talk to you anymore without a lawyer C. holding that the defendant did not invoke his right to counsel because his statement i wanna call my lawyer when read in context did not represent a request to terminate the interrogation until his counsel was present D. holding that appellants statement i think i need a lawyer is just as ambiguous as the statement made by the defendant in davis E. holding that statement i think i should call my lawyer was an unequivocal request for counsel

assistant: The best answer is E. holding that statement i think i should call my lawyer was an unequivocal request for counsel
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: “[t]he language of the lead-in clause ... by definition negates the efficient proximate cause doctrine.” Id. Similarly, in Lower Chesapeake Associates v. Valley Forge Insurance Co., 260 Va. 77, 532 S.E.2d 325 (2000), the Supreme Court of Virginia upheld a concurrent causation clause where the damage to certain docks in a marina was the result, at least in part or in combination, of one or more excluded causes. The Court held that there was no coverage for the loss because “[u]nder the plain terms of Section B(l), coverage is excluded under the policy if a loss is caused ‘directly or indirectly by one of the enumerated causes or events, ‘regardless of any other cause or event that contributes concurrently or in any sequence’ to the loss.” Id. at 331; see also Paulson, 756 P.2d at 764 (<HOLDING>). In TNT Speed & Sport Center, Inc. v. American Options: A. holding that article x 2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially B. holding that the damage to a home resulting from the entrance of hail a covered loss and water into the basement of the house after a severe storm was not covered by the policy because the concurrent causation clause excluded water damage C. holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations D. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did E. holding that insurer owed homeowners full amount of policy when they suffered a total loss in not insignificant part as the result of windstorm damage although an excluded peril water contributed to the damage

assistant: The best answer is B. holding that the damage to a home resulting from the entrance of hail a covered loss and water into the basement of the house after a severe storm was not covered by the policy because the concurrent causation clause excluded water damage
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: 11. Moore v. Idealease of Wilmington, 358 B.R. 248, 250 (E.D.N.C.2006); In re igence claim is not a personal injury tort claim). B. The Limitations of 28 U.S.C. § 157(b)(5) are Jurisdictional Having determined that the Plaintiffs’ defamation claims are personal injury tort claims, the Court must decide whether the general proscription in Section 157(b)(5) that personal injury tort claims “shall be tried in the district court” is jurisdictional or procedural. If Section 157(b)(5) is jurisdictional, then this Court cannot determine the part of the case for which jurisdiction is lacking. Smith, 389 B.R. at 910 (citing Steel Co. v. Citizens for a Better Environment, 523 U.S. 83, 94, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998)). If Section 157(b)(5) td.), 198 B.R. 616, 620 (Bankr. S.D.Cal.1996) (<HOLDING>); Boyer v. Balanoff (In re Boyer), 93 B.R. 313, Options: A. holding that a negligence claim is not a personal injury tort claim B. holding that a civil rights deprivation is a personal injury tort C. holding that age discrimination is not a personal injury tort D. holding that racial discrimination is a personal injury tort E. holding that sexual harassment is a personal injury tort

assistant: The best answer is D. holding that racial discrimination is a personal injury tort
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 terminated prior to Closing by (i) the mutual written consent of Seller and Buyer; or (ii) by either Party if such Party shall have discovered a material error, misstatement, or omission in the representations and warranties made in this Agreement by the other Party, which shall not have been cured by such other Party within five (5) days after written notice to such other Party specifying in detail such asserted error, misstatement, or omission, or if such breach cannot be cured within five (5) business days that the Party begin to diligently commence the curing the breach within the five (5) business day period and cure the breach not later than thirty (30) days after the expiration of the five (5) business day period or by the Closing Date, whichever first occurs.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall, by 9:00 a.m. (New York City time) on January 9, 2018, (a) file a Current Report on Form 8-K disclosing the material terms of the transactions contemplated hereby, including the Transaction Documents as exhibits thereto, with the Commission (the “ Form 8-K ”) and (b) issue the press release of the Company that was previously disclosed to the Purchasers (the “ Press Release ”). From and after the later of the (i) filing of the Form 8-K and (ii) the issuance of the Press Release, but in no event later than 9:00 a.m. (New York City time) on January 9, 2018, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon later of the (i) filing of the Form 8-K and (ii) the issuance of the Press Release, but in no event later than 9:00 a.m. (New York City time) on January 9, 2018, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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: Tenant shall not create or permit any liens under any construction lien law to be filed or recorded against the Premises or against the interest of Landlord or Tenant therein. If any such lien is filed or recorded, Tenant shall immediately cause such lien to be discharged of record, or bonded over in a form reasonably satisfactory to Landlord.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Inc. v. Atari, Inc., 296 N.W.2d 422, 428 (Minn.1980). A party may also waive an arbitration clause by defending arbitrable claims in a court action. County of Hennepin v. Ada-Bec Sys., 394 N.W.2d 611, 613 (Minn.App.1986), review denied (Minn. Dec. 17, 1986). Further, the right to compel arbitration is waived if it is not raised expeditiously. Jurewicz, 296 N.W.2d at 428. Here, appellant did not raise arbitration as an affirmative defense in its answer and failed to raise the arbitration argument until its posttrial motion for amended findings. Ordering the parties to arbitration at this point would impede timely resolution of the controversy. See Edina Educ. Ass’n v. Bd. of Educ. of Indep. Sch. Dish No. 273, 562 N.W.2d 306, 310 (Minn.App.1997), review denied (Minn. June 11, 1997) (<HOLDING>). Consequently, appellant waived its right to Options: A. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration B. holding plaintiffs had waived their right to arbitrate where they had consistently resisted arbitration and only when an unfavorable judgment was entered against them at trial did they seek to compel arbitration C. holding that district courts are required to compel arbitration of claims subject to arbitration clause even if the result is piecemeal litigation D. holding that after two years of litigation the employer had waived any right it had to compel arbitration E. holding employer thirdparty beneficiary could compel arbitration

assistant: The best answer is D. holding that after two years of litigation the employer had waived any right it had to compel arbitration
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF ANY LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVER AND CERTIFICATIONS IN THIS SECTION 8.14.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of conviction, [and Benris] conviction[s] [are] not ripe for appeal.” Ex parte Kelley, — So.3d at —. Consequently, this Court lacks jurisdiction to review Benris appeal. The State appears to concede that the Alabama Supreme Court’s opinion in Kelley supports the position that no judgments of conviction have been entered in these cases but argues that this Court should nonetheless hold that the issuance of a sentencing order without the pronouncement in open court of a sentence is sufficient to enter Benn’s judgments of conviction. In Ex parte Kelley, the Alabama Supreme Court considered the State’s argument and rejected it, holding that nothing less than a pronouncement in open court of the defendant’s sentence will satisfy the sentencing element of a judgment of conviction. — So.3d — (<HOLDING>). “[T]his Court is bound by the decisions of Options: A. holding that the trial courts oral expression in open court of its future intention to render a judgment was not itself a judgment but rather the trial courts written findings of fact and conclusions of law were its judgment B. holding that the trial courts written order was not the entry of a sentence sufficient to support a determination that a judgment of conviction was entered C. holding premature notice of appeal was treated as entered on date of entry of final judgment D. holding that in the interest of judicial economy considering appeal from order denying posttrial motions and ordering entry of judgment in favor of plaintiff even though judgment was not actually entered E. holding that because trial courts order did not dispose of the defendants counterclaim that order was not a final judgment that would support an appeal

assistant: The best answer is B. holding that the trial courts written order was not the entry of a sentence sufficient to support a determination that a judgment of conviction was entered
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: g. if you use the youtube player on your website may not modify , build upon or block any portion or functionality of the youtube player including but not limited to links back to the website ;

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: did not explicitly prescribe the temporal reach of IIRIRA, we must determine whether application of IIRIRA to Molina would “impair rights a party possessed when he acted, increase a party’s liability for past conduct, or impose new duties with respect to transactions already completed.” 511 U.S. at 280, 114 S.Ct. 1483. If a statute merely changes “procedural rules” and does not affect “substantive rights, liabilities, or duties,” it will not have an impermissible retroactive effect. Id. at 275, 278, 114 S.Ct. 1483. In Alvarez-Portillo v. Ashcroft, we concluded that IIRIRA had an impermissible retroactive effect on the petitioner because it denied him the ability to argue affirmative defenses to removal. 280 F.3d 858, 867 (8th Cir.2002), overruled on other grounds b 4 (11th Cir.2004) (<HOLDING>); Arevalo v. Ashcroft, 344 F.3d 1, 14 (1st Options: A. holding parent entitled to credit for any social security disability benefits paid to child as a result of parents disability B. holding that a denial of due process warrants mandamus relief C. holding imposition of new legal liabilities for past conduct was retroactive D. holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada E. holding iiriras denial of ability to apply for relief created a new disability and was impermissibly retroactive

assistant: The best answer is E. holding iiriras denial of ability to apply for relief created a new disability and was impermissibly retroactive
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and Executive agree that Executive will serve as the President and Chief Executive Officer of the Company, and continue to serve in the position of Chief Financial Officer until the Company appoints a new Chief Financial Officer, and will have those duties and responsibilities that the Board of Directors of the Company (the “Board”) assigns to Executive from time to time. Executive agrees to provide services to and/or serve as a member of the board of directors of any parent, subsidiary or affiliate of the Company (including hhgregg, Inc.), without additional consideration, as directed by the Board.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of business of the Borrower and its Subsidiaries in good working order and condition, ordinary wear and tear excepted, and (b) maintain with financially sound and reputable carriers insurance in such amounts (with no greater risk retention) and against such risks (including loss or damage by fire and loss in transit; theft, burglary, pilferage, larceny, embezzlement, and other criminal activities; business interruption; and general liability) and such other hazards, as is customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations. The Borrower will furnish to the Administrative Agent (for distribution to the Lenders), upon request of the Administrative Agent, information in reasonable detail as to the insurance so maintained. The Borrower shall deliver to the Administrative Agent endorsements (x) to all “All Risk” physical damage insurance policies on all of the tangible personal property and assets insurance policies of the Borrower and the Subsidiary Guarantors naming the Administrative Agent as lender loss payee, and (y) to all general liability and other liability policies of the Borrower and the Subsidiary Guarantors naming the Administrative Agent an additional insured. In the event the Borrower or any of its Subsidiaries at any time or times hereafter shall fail to obtain or maintain any of the policies or insurance required herein or to pay any premium in whole or in part relating thereto, then the Administrative Agent, without waiving or releasing any obligations or resulting Default hereunder, may at any time or times thereafter (but shall be under no obligation to do so) obtain and maintain such policies of insurance and pay such premiums and take any other action with respect thereto which the Administrative Agent deems advisable. All sums so disbursed by the Administrative Agent shall constitute part of the Obligations, payable as provided in this Agreement. The Borrower will furnish to the Administrative Agent and the Lenders prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

assistant: Insurances
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: being threatened or impaired, a finding of irreparable injury is mandated. In other words, the first factor of the four-factor preliminary injunction inquiry — whether the plaintiff shows a substantial likelihood of succeeding on the merits — should be addressed first insofar as a successful showing on the first factor mandates a successful showing on the second factor— whether the plaintiff will suffer irreparable harm. See id.; see also Connection Distrib. Co. v. Reno, 154 F.3d 281, 288 (6th Cir.1998) (finding that “[wjhen a party seeks a preliminary injunction on the basis of a potential violation of the First Amendment, the likelihood of success on the merits often will be the determinative factor”); Deerfield Med. Ctr. v. City of Deerfield Beach, 661 F.2d 328, 338 (5th Cir.1981) (<HOLDING>). The district court erred in this regard Options: A. holding that constitutional right of privacy does not apply to medical records B. holding that if the constitutional right of privacy is either threatened or in fact being impaired this mandates a finding of irreparable injury C. holding that where the uncontradicted evidence shows that a former employee is working for a direct competitor no finding of irreparable injury is necessary to support a permanent injunction to protect trade secrets because irreparable injury is established as a matter of law D. recognizing a constitutional right of privacy in mental health records E. holding that evidence of threatened loss of prospective customers or goodwill supports a finding of irreparable harm

assistant: The best answer is B. holding that if the constitutional right of privacy is either threatened or in fact being impaired this mandates a finding of irreparable injury
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: Even if we regard this statement as inculpatory, independent evidence, namely the stack of towels found in Appellant’s motel room, establishes that the victim went to Room 204 to deliver towels. D. ¶ 21 Appellant next argues that the State’s description of the drywall particles found on a table in Room 204 as “white powder” constituted pr urt abused its discretion when it admitted into evidence three pornographic magazines found in Appellant’s motel room. The State contends that Appellant waived his objection to this evidence because he failed to object to its admission at trial. Because defense counsel filed a pre-trial motion to suppress the evidence, which the trial court denied, Appellant did not waive his objection. See State v. Lindsey, 149 Ariz. 472, 476, 720 P.2d 73, 77 (1986) (<HOLDING>). We therefore turn to the merits of the Options: A. holding that where defense counsel made a timely objection and it was overruled by the trial court a further request for a mistrial was unnecessary and futile since the reasons for the objection were apparent and the trial courts denial of the objection indicated its belief the jury could properly hear the matter which was the subject of the objection B. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court C. holding that objection on grounds of relevance does not preserve an objection for lack of authentication D. recognizing that in order to preserve an issue for appeal a defendant must make a contemporaneous objection on the same grounds as those raised on appeal at the time the evidence is elicited at trial E. holding that an objection raised in a motion to suppress evidence preserves the issue for appeal despite the lack of further objection at trial

assistant: The best answer is E. holding that an objection raised in a motion to suppress evidence preserves the issue for appeal despite the lack of further objection at trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: prior weapons conviction to support an enhanced sentence for a subsequent weapons conviction, double jeopardy principles precluded the State from introducing evidence on remand to support imposition of the same enhanced sentence). 3 . In Bullington v. Missouri, 451 U.S. 430, 101 S.Ct. 1852, 68 L.Ed.2d 270 (1981), the Supreme Court held that the Double Jeopardy Clause barred a retrial of the penalty phase of a capital case, when the penalty phase was tried before a jury, in a process identical to a trial on criminal liability, The Court reasoned that in that circumstance, the jury’s decision not to impose the death penalty bears the hallmarks of an acquittal. The Mange Court maintained that exception. 4 . Scott asserts that Almendarez-Torres and Monge. are no longer good law be 3 (2008) (<HOLDING>), implicitly overruling State v. Hennings, 100 Options: A. holding that a sua sponte dismissal of the charges during trial was not an acquittal that barred retrial based on double jeopardy B. holding based on monge that floridas double jeopardy clause does not preclude granting the state a second opportunity to demonstrate that the defendant meets the criteria for habitualization C. holding that under monge double jeopardy does not prevent retrial of an aggravating factor for sentencing purposes D. holding that resentencing hearing in capital case is not barred by double jeopardy when appeals court rejects sole aggravating factor found by sentencer failure of sentencer to find other alleged aggravating factors is not an acquittal of these factors for double jeopardy purposes E. holding double jeopardy did not bar retrial where a jury could not render a verdict and a mistrial was granted

assistant: The best answer is C. holding that under monge double jeopardy does not prevent retrial of an aggravating factor for sentencing purposes
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: against a physician or health care provider that are not founded upon a breach of an accepted standard of care. Id. The court pointed out that claims that are “health care liability claims” may not be “recast” as other causes of action in order to avoid requirements of the Act. Id. at 242. The underlying nature of the claim determines whether it is truly a health care liability claim, and thus governed by the Act. Id. As one court has noted, “[i]f the cause of action is based on the physician’s breach of the accepted standard of medical care, the cause of action is nothing more than a health care liability claim, no matter how the plaintiff labels it.” Wright v. Folder, 991 S.W.2d 343, 352 (TexApp.—Fort Worth 1999, no pet.); see also Earle v. Ratliff, 998 S.W.2d 882, 892-93 (Tex.1999) (<HOLDING>). Just as a health care liability claim may not Options: A. holding statute of limitations for dtpa action including claim for breach of express or implied warranty under the dtpa is two years B. holding that since the court could disentangle the inadequately pleaded fraud claims from the plaintiffs dtpa causes of action the defendant was not entitled to dismissal of the plaintiffs dtpa claims for failure to meet rule 9b pleading requirements C. holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan D. holding that ordinary negligence and gross negligence are not separate causes of action E. holding that plaintiffs dtpa causes of action were actually negligence claims because they all complained of earles failure to hold to the applicable standard of care

assistant: The best answer is E. holding that plaintiffs dtpa causes of action were actually negligence claims because they all complained of earles failure to hold to the applicable standard of care
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 3.01 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender or the L/C Issuer, the termination of the Aggregate Revolving Commitments and the repayment, satisfaction or discharge of all other Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Promptly (but in any event within three (3) Business Day after obtaining Knowledge thereof) notify the Lessee Representative of the existence of any Default or Event of Default (or the equivalent thereof) under and as defined in the applicable Financing Documents describing with particularity the nature of such event.

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: chemical, or other substance that irritates or contaminates the human body. See Pipefitters Welfare Educ. Fund v. Westchester Fire Ins. Co., 976 F.2d 1037, 1043 (7th Cir.1992) (“The terms ‘irritant’ and ‘contaminant,’ when viewed in isolation, are virtually boundless, for ‘there is virtually no substance or chemical in existence that would not irritate or damage some person or property.’ ”) (citation omitted). On that all-inclusive reading, lead paint, which irritates the body by causing, inter alia, brain damage, developmental disorders, kidney and liver disease, and which contaminates the body by injecting impurities into the blood stream, qualifies as a “pollutant.” Several courts and commentators have embraced that broad reading of the term. See, e.g., Bourbeau, 49 F.3d at 788-89 (<HOLDING>); Oates, 597 N.Y.S.2d at 553-54 (observing the Options: A. holding that absent solid support in the record that a fear is objectively reasonable a claim of future persecution is speculative at best B. holding that an applicants fear was not objectively reasonable because it lacked solid support in the record and was merely speculative at best C. holding that a fear is not objectively reasonable if it lacks solid support in the record and is merely speculative at best D. holding that an objectively reasonable person would consider lead paint chips to be a solid contaminant a toxic chemical and waste E. holding that a fear of future persecution is not objectively reasonable if it lacks solid support in the record and is merely speculative at best

assistant: The best answer is D. holding that an objectively reasonable person would consider lead paint chips to be a solid contaminant a toxic chemical and waste
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 term or condition of this Agreement may be waived in writing at any time by the party that is entitled to the benefit thereof. A waiver on one occasion shall not be deemed to be a waiver of the same or any other breach or nonfulfillment on a future occasion. All remedies, either under the terms of this Agreement, or by law or otherwise afforded, shall be cumulative and not alternative, except as otherwise provided by law.

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: erred by permitting the sexual assault nurse examiner, who examined the victim, to submit expert testimony during trial because the court was on notice that the State had committed a discovery violation by not listing the nurse as an expert witness. The State properly concedes that a discovery violation occurred and that the trial court erred by failing to conduct a Richardson hearing. The State also properly concedes that the trial court erred by permitting the State, over defense counsel’s Richardson objection, to present the nurse as an expert witness and to elicit opinion testimony from her. However, the State argues that such error was harmless. We disagree. The State’s burden to show that a discovery violation was harmless is “extraordinarily high.” Hicks v. State, 45 S ) (<HOLDING>). REVERSED and REMANDED. SAWAYA and ORFINGER, Options: A. holding that trial court erred in prohibiting discovery or testimony from a witness it deemed an expert when appellant merely sought to discover facts that were observed by the witness B. holding that trial courts failure to conduct richardson hearing concerning states discovery violation in not designating a detective as an expert was not harmless even though detectives testimony was brief appellate court could not say beyond a reasonable doubt that defendant was not procedurally prejudiced by the discovery violation C. holding that discovery violation hearing was required to determine whether defendant was procedurally prejudiced by the states nondisclosure of veterinary assistant as expert witness in defendants trial for animal cruelty D. holding that petitioner was not prejudiced by counsels decision not to call sole witness to petitioners alleged beating at suppression hearing because testimony of arresting officers and assistant attorneys as well as absence of physical evidence of coercion made it unlikely that motion to suppress the confessions would have been granted E. holding that where the state commits a discovery violation the standard for harmless error is extraordinarily high a defendant is presumed to be procedurally prejudiced if there is a reasonable probability that the defendants trial preparation or strategy would have been materially different had the violation not occurred and a states discovery violation is harmless only if the appellate court can say beyond a reasonable doubt that the defense was not procedurally prejudiced

assistant: The best answer is C. holding that discovery violation hearing was required to determine whether defendant was procedurally prejudiced by the states nondisclosure of veterinary assistant as expert witness in defendants trial for animal cruelty
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 these rights and licenses are royalty free , transferable , sub-licensable , worldwide and irrevocable ( for so long as your content is stored with us ) , and include a right for evernote to make such content available to , and pass these rights along to , others with whom evernote has contractual relationships related to the provision of the service , solely for the purpose of providing such services , and to otherwise permit access to or disclose your content to third parties if evernote determines such access is necessary to comply with its legal obligations .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction. The application of such invalid or unenforceable provision to Persons or circumstances other than those as to which it is held invalid or unenforceable shall be valid and be enforced to the fullest extent permitted by Applicable Law. To the extent any provision of this Agreement is determined to be prohibited or unenforceable in any jurisdiction, Parent and Abacus Technology agree to use commercially reasonable efforts to substitute one or more valid, legal and enforceable provisions that, insofar as practicable, implement the purposes and intent of the prohibited or unenforceable provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly provided under this Agreement neither this Agreement nor any right or obligation hereunder may be assigned or otherwise transferred (whether voluntarily, by operation of law or otherwise), without the prior express written consent of the other party; provided, however, that either party may, without such consent, assign this Agreement and its rights and obligations hereunder (i) to an Affiliate or (ii) in connection with the transfer or sale of all or substantially all of its business relating to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. In addition, NEOMED shall have the right to hypothecate, pledge, assign in warranty or otherwise charge its payment rights hereunder in favour of a financial institution as security. This Agreement shall be binding upon and inure to the benefit of each party and its successors and permitted assigns. Any purported assignment or transfer in violation of this Section 14.2 shall be void.

assistant: Assignments
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: There are no pending or, to the knowledge of the Partnership Parties, threatened Proceedings against any Partnership Party that would individually, or in the aggregate, have a Partnership Material Adverse Effect. Except as would not, individually or in the aggregate, have a Partnership Material Adverse Effect, no Partnership Party is the subject of any violation of or default under any law or regulation or under any order of any Governmental Authority. Except as would not, individually or in the aggregate, have a Partnership Material Adverse Effect, no Proceedings are pending or, to the knowledge of the Partnership Parties, threatened to which any Partnership Party is or may become a party that questions or involves the validity or enforceability of any of its obligations under this Agreement or seeks to prevent or delay, or damages in connection with, the consummation of the transactions contemplated hereby.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement is conditioned upon the consent of the Issuing Lenders and the Administrative Agent , and so long as no Event of Default has occurred and is continuing, the Company (which consent of the Company shall not be unreasonably withheld) pursuant to Section 10.06(c) of the Credit Agreement. The execution of this Agreement by [the Company, ] the Issuing Lenders and the Administrative Agent is evidence of this consent. The Company agrees, and agrees to cause each other applicable Borrower, if requested by the Assignee pursuant to Section 2.05 of the Credit Agreement, to execute and deliver a Note payable to the order of the Assignee to evidence the assignment and assumption provided for herein ; provided that no assignment pursuant to this Agreement shall be effective unless it has been recorded in the Register as provided in Section 10.06(g) (including any Note) .

assistant: Consents