flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement or the application thereof to any Person or circumstance is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions hereof, or the application of such provision to Persons or circumstances or in jurisdictions other than those as to which it has been held invalid and unenforceable, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Upon such determination, the Parties shall negotiate in good faith in an effort to agree upon such a suitable and equitable provision to effect the original intent of the Parties.

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: in Brier’s CD. Because the bank unmistakably perfected its security interest before the Superior Court issued the writ of attachment, let alone before it became effective, the bank’s right to apply the CD to the defaulted loan trumps Read & Lundy’s later-served writ of attachment. We also note that the bank possessed superior rights to the CD because it had the common-law right to set off the CD against the balance due on the default nd the money was not in a special or reserve account. Finally, the debt was mature because CSI’s repeated late payments and other failures to comply with the loan terms constituted defaults under the applicable loan documents, thereby entitling the bank to deem the entire debt due. See Frierson v. United Farm Agency, Inc., 868 F.2d 302, 304 (8th Cir.1989) (<HOLDING>). Although Read & Lundy served the bank with Options: A. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or B. holding that for setoff purposes a debt is due when the bank has the power to deem the debt due not when the bank actually exercises that power C. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor D. holding that reporting of historically accurate debt may violate the fcra when the reporting did not include that the debt was discharged in bankruptcy or that the debt was in dispute E. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt

assistant: The best answer is B. holding that for setoff purposes a debt is due when the bank has the power to deem the debt due not when the bank actually exercises that power
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 shall not create an account or access the service if you are under the age of 13 ; you shall restrict use by minors , and you will deny access to children under the age of 13 .

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: In the event of actual or threatened breach by Executive of any of Executive’s covenants in Articles V , VI , and VII , the Company shall be entitled to equitable relief by temporary restraining order, temporary injunction, or permanent injunction or otherwise, in addition to all other legal and equitable relief to which it may be entitled, including any and all monetary damages that the Company may incur as a result of said breach, violation, or threatened breach or violation. For the avoidance of doubt, nothing shall restrict the Company from pursuing any relief otherwise provided for by this Agreement. The Company may pursue any remedy available to it concurrently or consecutively in any order as to any breach, violation, or threatened breach or violation, and the pursuit of one of such remedies at any time will not be deemed an election of remedies or waiver of the right to pursue any other of such remedies as to such breach, violation, or threatened breach or violation, or as to any other breach, violation, or threatened breach or violation. In addition to the above, in the event that a final determination concludes that Executive has materially breached any of Executive’s covenants in Article V , VI or VII , the Company will be entitled to reimbursement by Executive of all cash severance payments paid by the Company under (a) Sections 4.3(b)(iii) , (b)(v) , (b)(vi) and (b)(vii) , or (b) Sections 4.3(c)(iii) , (c)(v) , (c)(vi) , and (c)(vii) , as applicable, of this Agreement. In the event of an alleged material breach by Executive of any of Executive’s covenants in Article V , VI or VII , as determined in good faith by the Board, the Company may suspend the payments of cash severance then owing to Executive under Sections 4.3(b)(iii) , (b)(v), (b)(vi) , (b)(vii) , (c)(iii) , (c)(v) , (c)(vi) , or (c)(vii) , as applicable, of this Agreement without resort to judicial intervention or arbitration until such breach is cured (if curable); provided , however , that if it is later determined, whether by arbitration or otherwise by the Board, that Executive was not in breach of any such covenants, the Company shall promptly pay to Executive all such suspended payments and benefits, as well as reimbursement of all reasonable costs and expenses (including reasonable attorneys’ fees) incurred by Executive in defending any such claim or action in accordance with Section 10.10 ; and provided further , however , that any cure and payments upon cure and any payments upon a determination that no breach occurred will be made no later than the deadline under Section 409A that is applicable to disputed payments and refusals to pay.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 4 , if any provision of this Agreement or any part of any such provision is held under any circumstances to be invalid or unenforceable in any jurisdiction, then (a) such provision or part thereof shall, with respect to such circumstances and in such jurisdiction, be deemed amended to conform to applicable laws so as to be valid and enforceable to the fullest possible extent, (b) the invalidity or unenforceability of such provision or part thereof under such circumstances and in such jurisdiction shall not affect the validity or enforceability of (i) such provision or part thereof under any other circumstances or in any other jurisdiction or (ii) the remainder of such provision or the validity or enforceability of any other provision of this Agreement.

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: 412 U.S. 441, 93 S.Ct. 2230, 37 L.Ed.2d 63 (1973); Cleveland Bd. of Ed. v. LaFleur, 414 U.S. 632, 94 S.Ct. 791, 39 L.Ed.2d 52 (1974). However, any substantive rule of law may implicitly make certain evidence irrelevant in determining the ultimate rights of parties. For example, in California, evidence brought more than two years after a child’s birth that a certain person is the biological father of the child is irrelevant for purposes of determining the paternity of a child bom into a marriage. See Cal.Fam. Code §§ 7540-7541 (West 1994). This “conclusive presumption” was upheld in Michael H. v. Gerald D., 491 U.S. 110, 109 S.Ct. 2333, 105 L.Ed.2d 91 (1989) (Scalia, J., plurality opinion). See also Mourning v. Family Publications Serv., Inc., 411 U.S. 356, 93 S.Ct. 1652, 36 L.Ed.2d 318 (<HOLDING>). It therefore follows that the mere fact that Options: A. holding that a person signing an arbitration agreement using power of attorney is not a party to that agreement merely by virtue of having signed it B. recognizing irrebuttable presumption as synonymous with conclusive presumption which is a presumption that cannot be overcome by any additional evidence or argument because it is accepted as irrefutable proof that establishes a fact beyond dispute C. holding that an arbitration agreement is separable from the underlying agreement D. holding rule that any payment agreement having four or more installments is a finance agreement not an improper conclusive presumption E. holding that where one party had received a written agreement and conformed his conduct to that agreement for an extended period of time but failed to sign the agreement he was equitably estopped from denying the validity of the agreement

assistant: The best answer is D. holding rule that any payment agreement having four or more installments is a finance agreement not an improper conclusive presumption
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 is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties, or against or affecting the Company’s current or former officers or directors in their capacity as such, before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect, and neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company that is likely to lead to action that can reasonably be expected to result in a Material Adverse Effect. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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: as well as bills of attainder. See, e.g., Nixon v. Administrator of General Services, 433 U.S. 425, 473-74, 97 S.Ct. 2777, 2805-06, 53 L.Ed.2d 867 (1977). 15 . In England, bills of pains and penalties commonly imposed imprisonment, banishment and the punitive confiscation of property. See Nixon, 433 U.S. at 474, 97 S.Ct. at 2806. In this country, the punishments forbidden by the Bill of Attainder Clause have been expanded to include statutes barring participation by individuals or groups in specific professions. See, e.g., United States v. Brown, 381 U.S. 437, 85 S.Ct. 1707, 14 L.Ed.2d 484 (1965) (law barring Communist Party members from serving as officers in labor unions held to be bill of attainder); United States v. Lovett, 328 U.S. 303, 66 S.Ct. 1073, 90 L.Ed. 1252 (1946) (<HOLDING>); Cummings v. Missouri, 71 U.S. (4 Wall.) 277, Options: A. holding that after a class is certified the controversy may exist between a named defendant and a member of the class represented by the named plaintiff even though the claim of the named plaintiff has become moot B. holding that employees conviction for possession of a controlled substance constituted gross misconduct C. holding that law cutting off salaries to three named government employees constituted bill of attainder D. holding that probation department employees are not county employees E. holding that the use of any government resources whether salaries employees paper or buildings to accomplish a final listing of a species as endangered would entail government expenditure and thereby run afoul of statutory moratorium on spending for such purpose the government cannot make expenditures and therefore cannot act other than by appropriation

assistant: The best answer is C. holding that law cutting off salaries to three named government employees constituted bill of attainder
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 agrees to obtain and maintain commercial general liability insurance of [ * ] Each Party shall maintain such insurance for so long as the Current Product in the Territory continues to be manufactured or sold and thereafter for so long as is necessary to cover any and all Third Party Claims which may arise from the development, manufacture or sale of Current Products in the Territory. Upon reasonable request by a Party, the other Party shall produce evidence that such insurance policies are valid, kept up to date and in full force and effect.

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 legal provision and list the applicable contract clause categories. Provision: Manager shall maintain, or cause to be maintained, books of account of all receipts and disbursements from the management of the Properties. Manager shall provide monthly statements to Company containing occupancy information and collection and disbursement reports. Manager shall allow Company's accountant or other representatives to review the books and records of the Properties during reasonable business hours. Manager also shall provide Company with an annual report for the Properties containing information about occupancy and receipts and disbursements for the immediately preceding calendar year.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Am. Civil Liberties Union of Tenn. v. Bredesen, 441 F.3d 370, 378-79 (6th Cir.2006) (government speech). 2 . Some specialty plates are issued at no extra charge to persons who have achieved some noteworthy distinction, such as being awarded the Silver Star, having served in World War II, or holding a public office. 635 III. Comp. Stat. 5/3-642, 647, 639. 3 . We note that some specialty-license-plate cases in other circuits have been dismissed on jurisdictional grounds, notably for lack of standing or by application of the Tax Injunction Act, 28 U.S.C. § 1341. See Henderson v. Stalder, 407 F.3d 351, 358 (5th Cir.2005) (plaintiffs’ challenge to Lousiana's "Choose Life" license plate barred by the Tax Injunction Act); Women’s Emergency Network v. Bush, 323 F.3d 937, 946-47 (11th Cir.2003) (<HOLDING>); Henderson v. Stalder, 287 F.3d 374, 382 (5th Options: A. holding in the alternative that plaintiffs establishment clause claims were barred by laches B. holding that possession of marijuana is not protected by the free exercise clause of the first amendment C. holding no violation of federal establishment clause D. holding that plaintiffs lacked standing to challenge floridas choose life license plate under either the establishment clause or the free speech clause of the first amendment E. holding that discrimination based on religion is subjected to strict scrutiny whether a claim arises under the establishment clause the free exercise clause of equal protection clause

assistant: The best answer is D. holding that plaintiffs lacked standing to challenge floridas choose life license plate under either the establishment clause or the free speech clause of the first amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court to Claims Court. In the instant matter, this very court is the proper forum for the proceeding erroneously filed in our district court. That fact should make the case for transfer all the more compelling. This court’s qualification as the proper forum also suggests the appropriateness of our rendering the transfer decision here and now. It would be a curious procedure indeed to remand this aging matter to the district court so that a district judge could decide whether or not to ticket as a “transfer” the parties’ return trip here. Nor is such a convoluted procedure necessary to a fair decision: all the considerations relevant to “the interest of justice” appear from the record to be within our plain view. See Brock v. L.R. Willson & Sons, Inc., 773 F.2d 1377, 1388 (D.C.Cir.1985) (<HOLDING>). To assure that we have given that interest Options: A. holding that remand is unnecessary when it is clear that the same decision would have been reached in the absence of the errors B. holding that it is appropriate to remand to the plan administrator when the administrative record is incomplete C. holding that remand is unnecessary when only one conclusion is supportable on the record D. holding that in the absence of demonstrated prejudice remand is unnecessary E. holding remand unnecessary where outcome is clear as a matter of law

assistant: The best answer is C. holding that remand is unnecessary when only one conclusion is supportable on the record
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: To Sellers’ Knowledge, neither the execution, delivery, and performance of this Agreement nor such Seller’s performance of and compliance with the terms and provisions contemplated hereby (i) will conflict with, violate, or result in a Breach of any of the terms, covenants, conditions, or provisions of any Legal Requirements in effect on the date hereof applicable to, or any Order, Consent or Governmental Authorization of any Governmental Body directed to, or binding on such Seller, (ii) will conflict with, violate, result in a Breach of, or constitute a default under any of the terms, conditions, or provisions of any agreement or instrument to which, such Seller is a party or by which such Seller is or may be bound or to which any of their properties or assets are subject, (iii) will conflict with, violate, result in a Breach of, constitute a default under (whether with notice or lapse of time or both), accelerate or permit the acceleration of the performance required by, give to others any material interests or rights, or require any Consent under any indenture, mortgage, lease agreement, or instrument to which such Seller is a party or by which such Seller or such Seller’s property or assets is or may be bound, or (iv) will result in the creation or imposition of any Lien upon any of the Properties or Assets of the Companies, or upon the Membership Interests, or cause Buyer (or any Related Person thereof) or the Companies to become subject to, or to become liable for the payment of, any Tax for which liability has accrued prior to the date of Closing.

assistant: No Defaults
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 set forth on Schedule 4.5 (Supplement) attached to this Amendment 3, as of the date hereof there is no action, suit or proceeding at law or in equity by or before any court or any Governmental Authority pending or, to the knowledge of the Loan Parties threatened against or affecting the Loan Parties.

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: involved. Therefore, this factor is not relevant to the Court’s instant abstention analysis. b. Inconvenience of the federal forum In assessing the appropriateness of dismissal where concurrent jurisdiction exists, “a federal court may also consider such factors as inconvenience of the federal forum.” Colorado River, 424 U.S. at 818, 96 S.Ct. 1236. Plaintiff argues that this factor weighs against abstention because it i Snohomish County Superior Court of approximately 28 miles is too minimal to weigh against abstention. c. The desirability of avoiding piecemeal litigation The avoidance of piecemeal litigation can be an important factor against concurrent federal proceedings. Colorado River, 424 U.S. at 819, 96 S.Ct. 1236; see also Holland v. Hay, 840 F.Supp. 1091, 1101 (E.D.Va.1994) (<HOLDING>). Piecemeal litigation arises “when different Options: A. recognizing that the colorado river doctrine is necessary to ensure judicial economy and deter abusive reactive litigation B. holding that the most important factor in the preservation hierarchy is whether the relevant issue was raised in the trial court and the least important factor is whether the appellant alerted the trial court to the specific argument raised on appeal C. holding that the district court could not stay erisa and 1934 act claims under colorado river D. recognizing that the third factor permanence is the most important E. recognizing that the supreme court has referred to the policy of avoiding piecemeal litigation as by far the most important colorado river factor

assistant: The best answer is E. recognizing that the supreme court has referred to the policy of avoiding piecemeal litigation as by far the most important colorado river factor
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 be governed by and interpreted under the laws of the State of California applicable to contracts made and to be performed entirely within such State, without regard to its conflicts of law provisions. This Agreement has been negotiated by all Parties. Accordingly, any rule of applicable law, including, without limitation, California Civil Code Section 1654, or any other statute or common law principles of similar effect, which would require interpretation of ambiguities in this Agreement against the Party that has drafted it, has no application and is expressly waived. All representations and warranties made by any Party herein shall survive the Effective Date.

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: The failure of either the Company or Executive to object to any conduct or violation of any of the covenants made by the other under this Agreement will not be deemed a waiver of any rights or remedies. No waiver of any right or remedy arising under this Agreement will be valid unless set forth in an appropriate writing signed by both the Company and Executive.

assistant: No 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: business losses through deductions of significantly above-market-value amounts for purchased websites. Respondent claimed his compensation by taking a percentage of the refunds generated by his preparation of the fraudulent tax returns. We have previously held that a lawyer’s intentional false and fraudulent preparation of tax returns, whether on his, her, or on behalf of others, is conduct “ ‘infested with fraud, deceit, and dishonesty!)]’ ” Att’y Griev. Comm’n v. Swerdloff, 279 Md. 296, 298-99, 369 A.2d 75, 76 (1977) (where a lawyer fraudulently subscribed to a joint income tax return by understating his taxable income) (quoting Maryland St. Bar Ass’n v. Agnew, 271 Md. 543, 551, 318 A.2d 811, 815 (1974)); Att’y Griev. Comm’n v. Deutsch, 294 Md. 353, 366, 450 A.2d 1265, 1271 (1982) (<HOLDING>). Because criminal attorney misconduct “may Options: A. holding a state cannot impose an income tax on indians whose income is solely from reservation sources B. holding that taxpayers failure to follow state requirement that he report change in federal income tax did not except state tax liability from discharge C. holding that a lawyer knowingly falsifying a tax return by understating income is dishonest D. holding that the phrase return of income used in 26 usc 6012 is synonymous with the phrase return of tax used in 26 usc 6151 E. holding defendant liable for intended loss created by filing false tax return for someone else even though intended victim demonstrated to irs that tax return was bogus

assistant: The best answer is C. holding that a lawyer knowingly falsifying a tax return by understating income is dishonest
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: regarding disciplinary practices, this court finds that the Defendants have satisfied their burden of producing a legitimate, nondiscriminatory reason for its actions. It is plausible that the specific incidents whereby Kielczynski received discipline, including her failure to properly search a prisoner and failing to respond to calls are so patently different from the actions of other male patrol officers that she would warrant a stricter type of discipline. However, at the same time, a legitimate inference of pretext is raised when, as Kielc-zynski’s evidence infers, similarly situated employees receive different disciplinary actions for what appears, in most instances, to be similar types of Department violations. See Hiatt v. Rockwell Int’l Corp., 26 F.3d 761, 770 (7th Cir.1994) (<HOLDING>) In short, this court finds that when viewing Options: A. holding that one means of demonstrating pretext is to put forth evidence that employees outside the protected class who were involved in misconduct or comparable seriousness were not subject to similar adverse employment action B. holding that tolling does not apply to additional defendants who were not named in the class action C. holding that an intervening act of misconduct by the plaintiff can break the causal link between the protected conduct and the adverse employment action D. holding that termination is an adverse employment action E. holding that assignment of unfavorable class schedules did not constitute an adverse employment action absent evidence of materially adverse consequences

assistant: The best answer is A. holding that one means of demonstrating pretext is to put forth evidence that employees outside the protected class who were involved in misconduct or comparable seriousness were not subject to similar adverse employment action
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: Michael M. Hachigian appeals a summary judgment in favor of Transcontinental Insurance Co. (“Transcontinental”) in a diversity action alleging the breach of an insurance contract and a breach of the duty of good faith and fair dealing. We affirm the grant of summary judgment. Hachigian’s malpractice insurance policy covered “claims made against [Hachigian] and reported to [Transcontinental] during [the] policy term.” The policy defined “claim” as “the receipt of a demand for money or services, naming [insured] and alleging a wrongful act.” Because California’s notice-prejudice rule does not apply to “claims made” policies, the terms of Transcontinental’s contract with Hachigian should be strictly enforced. See Burns v. International Ins. Co., 929 F.2d 1422, 1425 (9th Cir.1991) (<HOLDING>). Accord Helfand v. National Union Fire Ins. Options: A. holding that procedural bar rule does not apply to ineffectiveness claims B. holding that the exclusionary rule generally does not apply to immigration proceedings C. holding that exclusionary rule does apply to civil forfeiture proceedings D. holding that rule does not apply where defendant made false representations E. holding that noticeprejudice rule does not apply to claimsmade policies

assistant: The best answer is E. holding that noticeprejudice rule does not apply to claimsmade policies
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 the proposition that “failure to establish ownership in the person or entity alleged as owner results in a failure of proof.” Dissent, at 112. However, both Freeman and Hudson were decided before the Court of Criminal Appeals rendered its decisions in Malik and Gollihar. Prior to these cases, the State was bound by the allegations in the charging instrument, regardless of the materiality of the allegations. See Freeman, 707 S.W.2d at 603 (“Of course, if the State alleges that such person is the ‘owner,’ it then has the burden of proof to establish that fact beyond a reasonable doubt, and a failure to prove that fact beyond a reasonable doubt will result in an acquittal being entered on behalf of the defendant.”); see also Commons v. State, 575 S.W.2d 518, 520 (Tex.Crim.App.1979) (<HOLDING>). The “rule” enunciated in each of these cases Options: A. holding that the actual amount of capital employed in the state by a foreign corporation was to be based on the property of the corporation that was within the state and that was used in business transacted within the state B. holding that a property owner can make a claim against the state prior to the completion of the state action where statute says claim must be made within six months after completion of the action by the state C. holding that although state was not required by statute to allege the owner of property in prosecution for changing price tags on merchandise when state chose to make a descriptive averment of that person it was obligated to prove the allegation D. holding that the state is obligated to pay property owners when it regulates private property under its police power in such a manner that the regulation effectively deprives the owner of the economically viable use of that property E. holding that petitioners allegation that it is the owner of adjoining property does not satisfy the pleading requirement

assistant: The best answer is C. holding that although state was not required by statute to allege the owner of property in prosecution for changing price tags on merchandise when state chose to make a descriptive averment of that person it was obligated to prove the allegation
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: Third Circuit, however, never cited or discussed section 488 or these Superior Court decisions in either Ubiles or Lewis. Significantly, section 488 contains virtually identical language to the former article 27, section 36D of the Maryland Code, and Maryland appellate courts have held that this statute permits a search of any individual suspected of possessing a concealed gun, without also requiring reasonable suspicion that the gun is not licensed. See Allen v. State, 85 Md. App. 657, 584 A.2d 1279, 1284-85 (Md. Ct. App. 1991) (permitting search under article 27, section 36D despite officer’s lack of knowledge, and failure to ask questions calculated to determine, whether defendant was licensed to carry a gun); see also Quince v. State, 319 Md. 430, 572 A.2d 1086, 1087-88 (Md. 1990) (<HOLDING>). Therefore, section 488 may provide authority Options: A. holding that the juvenile defendants who voluntarily left their homes in the middle of night to ride to the police department in patrol cars and who were told they were not under arrest were not in custody B. holding that an anonymous tip that a person is carrying a gun without any corroborating evidence did not provide reasonable suspicion of criminal wrongdoing justifying the officers stop and frisk of that person C. holding stop and frisk of individual who police were told was carrying a firearm was permissible even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements D. holding that previous firearm possessions were relevant to show defendants knowledge and intent to possess a firearm where police saw defendant holding and discarding a gun E. holding that an anonymous tip lacking indicia of reliability that an individual is carrying a gun is not enough to justify a terry stop

assistant: The best answer is C. holding stop and frisk of individual who police were told was carrying a firearm was permissible even though police were not told that gun was unlicensed and individual cooperated and made no unusual movements
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 Har-rah’s management by its own admissions in the EEBOP is a common course of conduct against all plaintiffs in the putative class. Each and every claim applicable to the class is premised upon defendants’ discriminatory conduct commonly directed to the Caucasian class members as a group.. .At the heart of the class claims is the fact that the class was deprived of and continues to be deprived of employment opportunities as a result of Harrah’s implementation of the EEBOP. . Pl.’s Br. at 16. To support this claim, Plaintiff cites several cases in which courts have found that the existence of documentation of an entity’s general policy of discrimination suffices to establish typicality. See, e.g., Welch v. Bd. of Directors of Wildwood Golf Club, 146 F.R.D. 131, 135 (W.D.Pa.1993) (<HOLDING>). Plaintiffs argument is supported by the Third Options: A. holding that the plaintiffs benefits were found in the new york state constitution and vested in the plaintiffs by the terms of a statutory scheme B. recognizing that plaintiffs genderbased burk tort parallels a federal gender discrimination claim C. holding that ejxcept in matters governed by the federal constitution or by acts of congress the law to be applied in any case is the law of the state D. holding that statute which became effective after claimants death but prior to the trial of wrongful death case was remedial constitutional and governed pending litigation proceedings that were pending when statute was enacted E. holding that the wildwood golf clubs constitution and bylaws which governed transferability of membership in the case of death and divorce adequately established typicality of plaintiffs claim of genderbased discrimination

assistant: The best answer is E. holding that the wildwood golf clubs constitution and bylaws which governed transferability of membership in the case of death and divorce adequately established typicality of plaintiffs claim of genderbased discrimination
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. 424, 121 S.Ct. 1678, 149 L.Ed.2d 674 (2001). In light of these developments, the Alaskan Village rule may be anachronistic. If and when the point is properly preserved and raised, this court may consider adopting the narrower complicity rule. 10 . See Stephenson v. United States, 711 F.2d 1105, 1107 (7th Cir.1985) (relying on Wisconsin law to say that "it is the employee's conduct at the time of the accident that determines whether he is acting within the scope of his employment"). 11 . Doe v. Samaritan Counseling Ctr., 791 P.2d 344, 346 (Alaska 1990). 12 . Id. at 347; accord Williams v. Alyeska Pipeline Serv. Co., 650 P.2d 343, 349 (Alaska 1982); Luth v. Rogers & Babler Constr. Co., 507 P.2d 761, 764 & n. 14 (Alaska 1973) (rejecting proposition so Norcon, Inc., 971 P.2d at 170 (<HOLDING>). 23 . At trial Laidlaw did not object to Dr. Options: A. holding that the admission of expert testimony was prejudicial where the testimony was pervasive B. holding that employer waived issue on appeal of whether employees testimony was unduly prejudicial by failing to object when testimony was offered at trial C. holding that the defendant waived the issue on appeal when he failed to contemporaneously object to the admission of such evidence at trial D. holding that a defendant waived a sentencing issue by failing to object in district court E. holding plaintiffs waived their right to appellate review of the admission of an experts testimony by failing to object to it at trial

assistant: The best answer is B. holding that employer waived issue on appeal of whether employees testimony was unduly prejudicial by failing to object when testimony was offered 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party. In the event that any signature is delivered by facsimile transmission or by an e-mail which contains a portable document format (.pdf) file of an executed signature page, such signature page shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such signature page were an original thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the property. It provides a means by which, before a final determination of the lien claimant's rights and without prejudice to those rights, the property may be freed of the lien, so that it may be sold, developed or used as security for a loan. The procedure thus protects both the property owner by allowing the bond to substitute for the land as the object to which the lien attaches and the claimant by providing an alternate source of recovery on the claim of lien. ¶ 12. Furthermore, a construction lien is a matter in rem and not in personam. 53 Am. Jur 2d Mechanics' Liens § 3 (1996). Absent a contractual relationship between the lienor and the property owner, a personal judgment against the property owner cannot be maintained. See Ponti v. Eckels, 129 Wis. 26, 28, 108 N.W. 62 (1906) (<HOLDING>); see also 53 Am. Jur 2d Mechanics' Liens §§ Options: A. holding that it is immaterial that the name of the owner as given in the assessment is inaccurate since no personal liability is involved the land not the owner is looked to for payment of delinquent taxes B. holding that the owner of the land could not bring a 93a action against a prior owner of the land who was not the seller because there was no business connection between the two parties C. holding that the indemnity plaintiffs liability was due only because of its legal duty as the property owner and not because of any active or independent negligence D. holding that personal judgment against the property owner was erroneous as there is no pretense either in allegation or proof of any privity between the owner and the subcontractors or of any promise by the former to pay the latter from which could result personal liability E. holding that the current property owner may not assert a public nuisance claim against the former owner

assistant: The best answer is D. holding that personal judgment against the property owner was erroneous as there is no pretense either in allegation or proof of any privity between the owner and the subcontractors or of any promise by the former to pay the latter from which could result personal liability
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 Miller v. Schloss.”) (internal citation omitted). 4 . Indeed, the existence of a written agreement has already been held by a number of courts in this Circuit to bar a constructive trust. See, e.g., Briggs v. Goodyear Tire & Rubber Co., 79 F.Supp.2d 228, 236-37 (W.D.N.Y.1999) ("Where there exists a valid and enforceable written contract governing a particular subject matter, quasi contractual claims, including claims for unjust enrichment and constructive trust are not allowed.... Settled law indicates that the equitable claims of unjust enrichment and constructive trust are unavailable where plaintiffs have rights under a valid and enforceable contract.”) (internal quotation marks and citations omitted); In re Stylesite Mktg., Inc., 253 B.R. 503, 507-508 (Bankr.S.D.N.Y.2000) (<HOLDING>); cf. Cherno v. Dutch Am. Mercantile Corp., 353 Options: A. holding that quasicontractual relief is unavailable where an express contract covers the subject matter B. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract C. holding that the plaintiff may proceed under a claim for breach of contract and unjust enrichment because the defendant admitted the existence of a contract solely for the purposes of summary judgment D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding that the existence of a valid contract bars the imposition of a constructive trust because quasicontractual claims such an unjust enrichment are not permitted if a written contract between the parties governs the subject matter of their dispute

assistant: The best answer is E. holding that the existence of a valid contract bars the imposition of a constructive trust because quasicontractual claims such an unjust enrichment are not permitted if a written contract between the parties governs the subject matter of their dispute
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 employ the Executive as the Chief Executive Officer and President of the Company based upon the terms and conditions set forth in this Agreement, for the period of time specified in Section 3. In such positions, the Executive shall report directly and exclusively to the Board of Directors of the Company (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 headings herein are for convenience only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The language used in this Agreement will be deemed to be the language chosen by the Parties to express their mutual intent, and no rules of strict construction will be applied against any party.

assistant: Construction
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: been shown to have had the requisite value at any time during the period of possession or concealment. Luckey, 655 F.2d at 205. In determining whether or not the evidence is sufficient to support the verdict, all conflicts are resolved in favor of the verdict. United States v. Ramos, 558 F.2d 545, 546-47 (9th Cir.1977). In this case, we find that evidence, properly admitted at trial, indicating the ease with which blank airline tickets can be filled in to make the tickets appear valid, provided a reasonable basis for the jury to find that the tickets in Wallace’s possession had a value equal to the losses that the airlines usually sustain on stolen tickets. See United States v. Drebin, 557 F.2d 1316, 1331 (9th Cir.1977), cert. denied, 436 U.S. 904, 98 S.Ct. 2232, 56 L.Ed.2d 401 (1978) (<HOLDING>). Because the lowest estimated average loss on Options: A. holding that the single transaction rule protects a purchaser of stolen goods who by definition must know the goods to be stolen from being made party to the original theft via conspiracy B. holding that when stolen goods have no readily ascertainable value the factfinder may consider any reasonable method by which to ascribe a monetary worth to the goods C. holding that a buyer who purchases goods subject to an express warranty that the goods are free from all liens takes free of any unperfected security interest D. holding that a creditors pmsi in goods sold to debtors did not survive consolidation of the original installment contract with a later contract for the purchase of additional goods E. holding that a statement of conditional sale of goods can be filed with the state auditor before the delivery of goods where statute says the statement must be filed within ten days of delivery of goods

assistant: The best answer is B. holding that when stolen goods have no readily ascertainable value the factfinder may consider any reasonable method by which to ascribe a monetary worth to the goods