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: brought the motion to the attention or actual notice of the trial court. Carranza v. State, 960 S.W.2d 76, 79 (Tex.Crim.App.1998). Merely filing a motion is not enough to show presentment. Stokes, 277 S.W.3d at 21. Presentment may be proven in many ways, including by showing the judge’s signature or notation on the proposed order or court’s docket sheet or a ruling on the motion. Thomas v. State, 286 S.W.3d 109, 116 (Tex.App.-Houston [14th Dist.] 2009, pet. ref'd) (citing Stokes, 277 S.W.3d at 22, 24 and Carranza, 960 S.W.2d at 79). However, a counsel’s sta Thomas is not evidence that the trial court was on actual notice that appellant sought a hearing on the Second Motion. See Bearnth, 361 S.W.3d at 145; see also Burrus v. State, 266 S.W.3d 107, 115 (Tex.App.-Fort Worth 2008, no pet.) (<HOLDING>). Presentment must occur within ten days of Options: A. holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment B. holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed C. holding a certification of service and presentment was insufficient to establish the trial court received actual notice of the defendants motion for new trial D. holding a certificate of presentation appearing on the last page of appellants motion for new trial did not establish presentment E. holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment

assistant: The best answer is A. holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a vehicle that was next to two men engaged in a violent fight, so that the officer, who was acting alone, could “control the situation to protect his safety.” 337 F.3d at 1288. ¶ 18 Later, in United States v. Williams, 419 F.3d 1029 (9th Cir.2005), the Ninth Circuit Court of Appeals likewise held that an officer could order a passenger who exited a lawfully stopped vehicle back into the vehicle. In doing so, the court acknowledged: Those circuits to address the issue post-Wilson have agreed that officers may detain passengers during a traffic stop, whether it is by ordering the passenger to remain inside the automobile or by ordering the passenger to get back into an automobile that he or she voluntarily exited. See, e.g., Rogala v. District of Columbia, 161 F.3d 44, 53 (D.C.Cir.1998) (<HOLDING>) (emphasis in original); United States v. Options: A. holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction B. holding that police officer may order passengers to remain in vehicle with hands up during traffic stop C. holding an officer may order a passenger to get out of a car during a traffic stop and may frisk a passenger for weapons if the officer reasonably suspects the passenger is armed and dangerous D. holding that a passenger ordered by police to get back onto the vehicle that she voluntarily exited was not an unreasonable seizure because a police officer has the power to reasonably control the situation by requiring a passenger to remain in a vehicle during a traffic stop E. holding that fourth amendment rights of a passenger of a legally stopped vehicle were not violated by police officers instruction that he remain inside the vehicle during traffic stop after passenger repeatedly tried to exit

assistant: The best answer is D. holding that a passenger ordered by police to get back onto the vehicle that she voluntarily exited was not an unreasonable seizure because a police officer has the power to reasonably control the situation by requiring a passenger to remain in a vehicle during a traffic stop
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Extended Term, you will continue to be entitled to participate in all employee healthcare and welfare benefits programs of the Company, in accordance with the then applicable terms, conditions and eligibility requirements of such programs that are offered from time to time to U.S. resident-based employees at your level, including medical, dental, life insurance, 401k retirement plans and other health benefit programs. During the Extended Term, you will not be eligible for any award under any incentive plan offered by the Company, including without limitation, the Omnibus Plan.

assistant: Benefits
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: mere showing that there is a discriminatory effect to a particular action or policy is not sufficient to establish an equal protection violation. Washington, 426 U.S. at 242, 96 S.Ct. at 2049; see Village of Arlington Heights v. Metropolitan Hous. Dev. Corp., 429 U.S. 252, 265-66, 97 S.Ct. 555, 563-64, 50 L.Ed.2d 450 (1977); Williams v. Anderson, 562 F.2d 1081, 1087 (8th Cir.1977); see also Minority Police Officers Ass’n v. City of South Bend, 617 F.Supp. 1330, 1348 (N.D.Ind.1985), aff'd, 801 F.2d 964 (7th Cir.1986) (noting in equal protection challenge to promotion policy in police department that official action will generally not be held unconstitutional solely because which it results in racially disproportionate impact); Betts v. McCaughtry, 827 F.Supp. 1400, 1404 (W.D.Wis.1993) (<HOLDING>). Whether discriminatory purpose was a Options: A. holding that an inmate has no right to any particular prison job but prison officials cannot discriminate against him on the basis of his race in work assignments B. holding that district court erred in dismissing inmates complaint for failure to exhaust administrative remedies when court did not address inmates allegation that prison officials failed to provide necessary grievance forms C. holding that inmates must demonstrate an actual injury D. holding that the fact that nearly all music cassettes censored by prison authorities was afrieanamerican rap music failed to demonstrate that the purpose of the ban was to discriminate against africanamerican inmates E. holding that music and loud talking broadcast over prison intercom throughout 24hour period did not offend contemporary standards of deeency

assistant: The best answer is D. holding that the fact that nearly all music cassettes censored by prison authorities was afrieanamerican rap music failed to demonstrate that the purpose of the ban was to discriminate against africanamerican inmates
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: duty to defend, there was no duty to indemnify, the Texas Supreme Court recently held that the duty to indemnify is independent from the duty to defend and an insurer may have a duty to indemnify even if a duty to defend never arises. Id. at 744. The duty to indemnify “depends on the facts proven and whether the damages caused by the actions or omissions proven are covered by the terms of the policy.” D.R. Hortortr-Tex., Ltd., 300 S.W.3d at 744. Typically, the court considering the coverage dispute will consider evidence needed to establish whether there was coverage in the underlying suit, particularly if the underlying case is resolved without a trial on the merits. Id.; see also Nat’l Union Fire Ins. Co. of Pittsburgh, Penn. v. Puget Plastics Corp., 532 F.3d 398, 404 (5th Cir.2008) (<HOLDING>). The trial court is authorized to make factual Options: A. holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment B. holding that entry of judgment in the underlying litigation does not moot an appeal from a denial of a motion to intervene if one of the parties keeps the underlying litigation live by pursuing an appeal C. holding that the trial court can consider evidence regarding facts required to determine coverage that were not adjudicated in the underlying litigation D. holding that court can consider inadmissible evidence in the context of a motion for preliminary injunction E. holding in a case considering whether the trial court should have conducted a competency hearing sua sponte that an appellate court may only consider those facts which were before the court when the trial commenced

assistant: The best answer is C. holding that the trial court can consider evidence regarding facts required to determine coverage that were not adjudicated in the underlying litigation
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 to pay all amounts sent through the resolution center in connection with your airbnb account , and airbnb payments will handle all such payments pursuant to the payments terms .

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: the attack is facial, the court determines whether the allegations contained in the complaint are sufficient on their face to invoke federal jurisdiction, accepting all material allegations in the complaint as true and construing them in favor of the party asserting jurisdiction. See Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). Where the attack is factual, however, “the court need not presume the truthfulness of the plaintiffs allegations.” Safe Air for Everyone, 373 F.3d at 1039. In resolving a factual dispute as to the existence of subject matter jurisdiction, a court may review extrinsic evidence beyond the complaint without converting a motion to dismiss into one for summary judgment. See id.; McCarthy v. United States, 850 F.2d 558, 560 (9th Cir.1988) (<HOLDING>). Once a party has moved to dismiss for lack of Options: A. holding that in ruling on a rule 12b1 motion the court may consider exhibits outside the pleadings to resolve factual disputes regarding jurisdiction B. recognizing that generally disputes between purchasers of a debtors assets and third parties are not within the bankruptcy courts jurisdiction but recognizing that disputes concerning the sale order itself may be sufficient for subject matter jurisdiction C. holding that a court may review any evidence such as affidavits and testimony to resolve factual disputes concerning the existence of jurisdiction D. holding that in a motion to dismiss for lack of subject matter jurisdiction a court may resolve disputed factual issues by reference to evidence outside the pleadings including affidavits E. holding that under the advisory guidelines a district court should resolve factual disputes at sentencing by applying the preponderance of the evidence standard

assistant: The best answer is C. holding that a court may review any evidence such as affidavits and testimony to resolve factual disputes concerning the existence of jurisdiction
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 indemnification obligations of the Company and the Shareholders selling Registrable Securities under this Section 5.07 shall survive until the first anniversary of the expiration of all applicable statutes of limitation or extensions of such statutes. The indemnification provided for under this Agreement shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified Person and will survive the transfer of the Registrable Securities and the termination of this Agreement.

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: To request the issuance of a Letter of Credit by any Issuing Bank (or the amendment, renewal or extension of an outstanding Letter of Credit (other than an automatic renewal or extension permitted pursuant to paragraph (c) of this Section 2.05)), the Borrower shall hand deliver or fax (or transmit by electronic communication, if arrangements for doing so have been approved by the recipient) to such Issuing Bank and the Administrative Agent at least three Business Days in advance of the requested date of issuance, amendment, renewal or extension ( provided that the applicable Issuing Bank will use commercially reasonable efforts to issue, amend, renew or extend such Letter of Credit, as applicable, within one Business Day of such request)) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section 2.05), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) the LC Exposure of any Issuing Bank shall not exceed its Letter of Credit Commitment, (ii) the total LC Exposure shall not exceed $2,000,000,000, (iii) no Lender’s Credit Exposure shall exceed its Tranche 1 Commitment, and (iv) the Total Tranche 1 Credit Exposure shall not exceed the total Tranche 1 Commitments. Each Issuing Bank agrees that it shall not permit any issuance, amendment, renewal or extension of a Letter of Credit to occur unless it shall have given to the Administrative Agent written notice thereof required under paragraph (l) of this Section.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The validity, interpretation, and performance of this Agreement shall be governed by the laws of the Commonwealth of Kentucky, without reference to choice of law principles or rules thereof, except to the extent that federal law shall be deemed to apply.

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 case excerpt and choose the best holding from the options. Case excerpt: concluded the material would have been inadmissible under Rule 403 because it would have been unfairly prejudicial, would have confused the issues, and would have been needlessly cumulative, because the jury was already aware that Allen was cooperating with the government to avoid corruption charges stemming from his relationship with Kohring, Kott, and others. We disagree. The evidence was certainly prejudicial, but not unfairly so. Even if there is some danger of unfair prejudice or confusion of the issues, that danger does not “substantially outweigh” the probative value of the information. Evidence that Allen attempted to suborn perjurious testimony from one of the minors and attempted to make another unavailable for a trial would have been highly t. 1256, 157 L.Ed.2d 1166 (2004) (<HOLDING>). Indeed, evidence of Allen’s sexual misconduct Options: A. holding no abuse of discretion in trial courts exclusion of evidence where evidence was cumulative B. holding impeachment evidence was not merely cumulative where the withheld evidence was of a different character than evidence already known to the defense C. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence D. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record E. holding that new evidence must be evidence that is not merely cumulative

assistant: The best answer is B. holding impeachment evidence was not merely cumulative where the withheld evidence was of a different character than evidence already known to the defense
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: beyond the contract by affixing his professional engineering seal to the foundation plans. However, there is no support under Virginia law for the argument that an engineering seal creates an independent tort duty, or that providing a professional service creates an independent tort duty. An engineer performing a professional service pursuant to a contract does f approval on plans made pursuant to a contract, there is no support for the argument that the seal or Servinsky’s status as a professional created an independent duty. Additionally, the Supreme Court of Virginia has repeatedly held that a claim for breach of professional duties is properly brought as a breach of contract claim. Comptroller of Va. ex rel. Va. Military Inst. v. King, 217 Va. 751, 232 S.E.2d 895, 899-900 (1977) (<HOLDING>); Oleyar v. Kerr, 217 Va. 88, 225 S.E.2d 398, Options: A. holding that an action for consequential damages to property whether the action is brought in contract or in tort is an action for injury to property within the threeyear statute of limitations B. holding that an action for the negligence of an architect in the performance of professional services is an action for breach of contract C. holding that a cause of action for breach of contract accrues at the time of the breach D. holding that an employees action against her employer for negligent supervision lies not in tort but with an action for breach of contract E. recognizing that breach of contract cause of action accrues at time of the breach

assistant: The best answer is B. holding that an action for the negligence of an architect in the performance of professional services is an action for breach of contract
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 GUARANTOR HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term, provision, covenant or restriction of this Agreement, or any part thereof, is held by a court of competent jurisdiction of any foreign, federal, state, county or local government or any other governmental, regulatory or administrative agency or authority to be invalid, void, unenforceable or against public policy for any reason, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected or impaired or invalidated.

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: THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES THAT WOULD RESULT IN THE APPLICATION OF ANY LAW OTHER THAN THE LAW OF THE STATE OF NEW YORK.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any controversy, dispute or claim ("Claim") whatsoever between Employee, on the one hand, and Company, or any of its employees, directors, officers, and agents (collectively "Company Parties"), on the other hand, shall be settled by binding arbitration, at the request of either party, in accordance with the Employment Dispute Resolution Procedures of the American Arbitration Association or other similar organization agreed to by the parties. The claims covered by this Agreement include, but are not limited to, claims for wages and other compensation, claims for breach of contract (express or implied) tort claims, claims for discrimination (including, but not limited to, race, sex, sexual orientation, religion, national origin, age, marital status, medical condition, and disability), and claims for violation of any federal, state, or other government law, statute, regulation or ordinance, except for claims for worker's compensation or unemployment insurance benefits. Nothing contained in this Agreement shall prohibit Employee from filing a charge of discrimination with the Equal Employment Opportunity Commission and/or the Department of Fair Employment and Housing, and cooperating in the investigation of such.

assistant: 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: Except as expressly amended herein, the Letter Agreement will continue in full force and effect in accordance with its terms. The Letter Agreement, as amended by the Amendment, embodies the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior communications, agreements and understandings, whether written or oral, with respect to the same. This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same instrument. This Amendment is a Delaware contract and will be will be construed and enforced under and be governed in all respects by the laws of the State of Delaware, without regard to any conflict of laws principles that would result in the application of the laws of any other jurisdiction.

assistant: Miscellaneous
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: also claims that he was prejudiced by the prosecutor’s closing argument concerning his prior convictions. According to defendant, the State’s comment was improper in that it called attention to the fact that his prior convictions were of the same crime with which he was charged here. Defendant waived this argument. In order to preserve an error for review, a defendant must both object to the alleged error at trial and renew the objection in his written posttrial motion. People v. Hunter, 331 Ill. App. 3d 1017, 1029 (2002); People v. Bennett, 304 Ill. App. 3d 69, 71 (1999). In this case, defendant failed to preserve this error for review because he did not object to the State’s comment at the time it was made and he abandoned his posttrial motions. See Land, 178 Ill. App. 3d at 256 (<HOLDING>). Defendant claims that any failure to object Options: A. holding that failure to file a postjudgment motion on alleged error of law relating to ruling on exception to the statute of frauds that was committed for first time in the judgment waives any objection to that ruling and that in the absence of any other formal objection the issue is not preserved for appellate review B. holding issues not raised to and ruled upon by the trial court are not preserved for appellate review C. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion D. holding that appellants failure to obtain a ruling at the trial level even on a constitutional issue precluded review on appeal E. holding that the failure to obtain a ruling on a motion for new trial waives the issues raised for appellate review

assistant: The best answer is E. holding that the failure to obtain a ruling on a motion for new trial waives the issues raised for appellate review
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: that when no improper law-enforcement activity is involved, reliability is sufficiently tested “through the rights and opportunities generally designed for that purpose, notably, the presence of counsel at postindictment lineups, vigorous cross-examination, protective rules of evidence, and jury instructions on both the fallibility of eyewitness identification and the requirement that guilt be proved beyond a reasonable doubt.” Id. at 721. Despite the appellant’s suggestion to the contrary, we do not find in Perry a set of factors the trial court must employ to determine the reliability of eyewitness testimony. Instead, the Perry Court underscored the role of the jury in making credibility determinations, just as Texas courts have done. See id.; see also, e.g., Davis, 177 S.W.3d at 359 (<HOLDING>). Having reviewed all of the evidence in the Options: A. recognizing that the pto has special expertise in evaluating patent applications B. recognizing the jurys role in evaluating credibility C. recognizing that an employer had a dual role as administrator of plan and as employer and only the role of administrator was held to a fiduciary standard D. holding that this court has unambiguously explained that special masters are expected to consider the credibility of expert witnesses in evaluating petitions for compensation under the vaccine act E. holding that the jurys resolution of questions of credibility and demean or is entitled to special deference

assistant: The best answer is B. recognizing the jurys role in evaluating credibility
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: Specifically, under the ADAAA, “the term ‘substantially limits’ [is to be] interpreted and applied to require a degree of functional limitation that is lower than the standard for ‘substantially limits’ applied prior to the ADAAA.” 29 C.F.R. § 1630.20(j) (iv)). The issue of whether or not a hernia may qualify as a disability under the ADA, and parallel state laws, after the 2008 amendments is now an open question, with several federal district courts finding that it does qualify. See e.g. Bob-Maunuel v. Chipotle Mexican Grill Inc., 10 F.Supp.3d 854, 881 (N.D.Ill.2014)(finding that Plaintiffs hernia constituted a disability that substantially limited the major life activity of lifting); Butler v. BTC Foods, Inc., No. CIV. A. 12-0492, 2014 WL 336649, at *4 (E.D.Pa. Jan. 30, 2014)(<HOLDING>). However, at least one federal court has found Options: A. holding that a verified complaint is treated as an affidavit for summary judgment purposes and considered in determining whether material issues of fact exist B. holding that opting for conservative treatment instead of surgery is not substantial evidence that the claimant was not disabled C. holding that plaintiff established for purposes of summary judgment a material question as to whether he was disabled because of hernia surgery D. holding summary judgment was not warranted because material facts were in dispute E. holding that summary judgment against plaintiff was premature because determination of whether plaintiff was a trespasser invitee or licensee was question of fact

assistant: The best answer is C. holding that plaintiff established for purposes of summary judgment a material question as to whether he was disabled because of hernia surgery
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: 351 F.Supp.2d 213, 217 (S.D.N.Y. 2005). As Defendants point out, and Plaintiffs do not dispute, Plaintiffs are still able to obtain a gun license to own a shotgun or a rifle as a good guy letter is not necessary for the purchase and possession of those firearms. Without the good guy letter, Plaintiffs are simply prevented from possessing and carrying a pistol, not all firearms. Since “there is no allegation that Defendants’ actions have affected Plaintiffs’] ability to retain or acquire other firearms ... the conduct alleged in the [First] Amended Complaint does not amount to a Second Amendment violation.” Vaher v. Town of Orangetown, 916 F.Supp.2d 404, 430 (S.D.N.Y. 2013); see also McGuire v. Village of Tarrytown, No. 08 Civ. 2049, 2011WL 2623466, at *7 (S.D.N.Y. June 22, 2011) (<HOLDING>). Accordingly, Defendants’ motion to dismiss Options: A. holding that plaintiff state employees contract right to be discharged only for cause was not protected by due process clause because it did not rise to level of fundamental right B. holding that because defendants did not prevent plaintiff from acquiring another weapon they did not impede plaintiffs right to bear arms C. holding that individual defendants were not liable under the elcra because they did not have the authority to rehire the plaintiff D. holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act E. holding that neglect was not excusable where the defendants did not do all that they were required to do after they received the summons and complaint in that they did not contact a lawyer or make any other arrangements with respect to their defense

assistant: The best answer is B. holding that because defendants did not prevent plaintiff from acquiring another weapon they did not impede plaintiffs right to bear arms
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 determined by the Committee at the time of the grant of the Award or thereafter, upon termination of employment or service during the applicable restriction period, Restricted Stock that is at that time subject to restrictions shall be forfeited; provided, however , that the Committee may (a) provide in any Restricted Stock Award Agreement that restrictions or forfeiture conditions relating to Restricted Stock will be waived in whole or in part in the event of terminations resulting from specified causes, and (b) in other cases waive in whole or in part restrictions or forfeiture conditions relating to Restricted Stock.

assistant: Forfeitures
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: II, Section 24, of the Montana Constitution provides that “in all criminal prosecutions, the accused shall have the right to ... a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed ...” (Emphasis added.) In Montana, it is firmly established that venue, although not an element of the crime, is a “jurisdictional fact” that must be established at trial beyond a reasonable doubt. State v. Price, 2002 MT 229, ¶ 11, 311 Mont. 439, ¶ 11, 57 P.3d 42, ¶ 11; State v. Johnson (1993), 257 Mont. 157, 161, 848 P.2d 496, 498. However, this Court has recognized that direct evidence that an offense was committed in a particular county is not required to prove venue. State v. Keeland (1909), 39 Mont. 506, 513, 104 P. 513, 516 (<HOLDING>); Johnson, 257 Mont. at 161, 848 P.2d at 498 Options: A. holding that evidence which suggests but does not prove a discriminatory motive is circumstantial evidence by definition B. holding testimony that defendant delivered cocaine maybe 20 or 30 times was sufficient to support conviction C. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction D. holding that circumstantial evidence maybe sufficient to prove venue E. holding that such circumstantial evidence may be used to prove discrimination

assistant: The best answer is D. holding that circumstantial evidence maybe sufficient to prove venue
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: Section titles or captions contained in this Lease are inserted as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Lease or any provision hereof. No provision in this Lease is to be interpreted for or against either party because that party or its legal representative drafted such provision. Any deletion of language from this Lease prior to its execution by Landlord and Tenant shall not be construed to raise any presumption, canon of construction or implication, including, without limitation, any implication that the parties intended thereby to state the converse of the deleted language.

assistant: Interpretations
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 provided in this Agreement, PRSUs granted hereunder shall vest based on Grantee’s continued employment with the Corporation or its Subsidiaries and the Corporation’s achievement of performance targets determined by the Committee and attached as Exhibit A for the applicable “ Performance Period” (as defined in Exhibit A ). PRSUs shall vest, to the extent earned, upon the conclusion of the Restricted Period. The “ Restricted Period ” shall begin on the first day of the Performance Period and end on the date of the issuance of the audit opinion with respect to the Corporation’s consolidated financial statements for the year ending on the last day of the Performance Period, but in no event later than March 5 th of the year following the last day of the Performance Period. PRSUs are unvested under the Plan and under this Agreement until the end of the Restricted Period. Unless specified otherwise below, PRSUs shall be settled as soon as administratively feasible within seven days following satisfaction of the applicable vesting and any Release requirements as set forth below.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the child’s growth and development to place him with his biological parent. Allen, 28 Wn. App. at 647-48. Similarly, in In re Custody of Shields, 120 Wn. App. 108, 84 P.3d 905 (2004), the appellate court affirmed the trial court’s award of custody of a child to his stepmother following the death of the child’s father, even though the child’s mother was not unfit, because it was detrimental to the child to remove him from his de facto family where he had become well-integrated into the home of his stepmother, stepsister and half brother, prior to the death of his father. Finally, other Washington family law cases have recognized the importance of the psychological bond between a child and a caretaker. See, e.g., In re Dependency of J.H., 117 Wn.2d 460, 469, 815 P.2d 1380 (1991) (<HOLDING>); In re Custody of Stell, 56 Wn. App. 356, Options: A. recognizing that foster parents do not have a constitutionally protected liberty interest in a continued relationship with their foster child B. holding that a state had no affirmative duty to a child placed voluntarily by his parents into foster care since he was in the custody of his foster parents who were not state actors rather than in the states custody C. recognizing emotional bond between foster parents and child although ultimately determining foster parents did not have rights of parents in dependency action under chapter 2644 rcw D. holding that natural parents could not lose parental rights to foster parents where the foster agreement contemplates a surrender of custody for only a temporary period of time E. holding foster parents not liable for willful act of their foster child

assistant: The best answer is C. recognizing emotional bond between foster parents and child although ultimately determining foster parents did not have rights of parents in dependency action under chapter 2644 rcw
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement and the other Loan Documents shall be binding upon and inure to the benefit of the parties hereto and thereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder or thereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the L/C Issuers and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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 shall be responsible for its own fees and expenses; provided, that the Company shall be responsible for the payment of any placement agent’s fees, financial advisory fees, transfer agent fees, the costs associated with any legal opinions required to be rendered to the Company’s transfer agent in connection with the lifting of any legends on the Securities, DTC fees or broker’s commissions (other than for Persons engaged by any Subscriber) relating to or arising out of the transactions contemplated hereby. The Company (subject to the foregoing qualification) shall pay, and hold each Subscriber harmless against, any liability, loss or expense (including, without limitation, reasonable attorneys’ fees and out-of-pocket expenses) arising in connection with any claim relating to any such payment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any language in this Agreement to the contrary, nothing in this Agreement prohibits Grantee from reporting possible violations of federal law or regulation to any governmental agency or governmental entity, or making other disclosures that are protected under federal law or regulation; provided, that, in each case such communications and disclosures are consistent with applicable law. Notwithstanding the foregoing, under no circumstance is Grantee authorized to disclose any information covered by the Company’s attorney-client privilege or attorney work product or the Company’s trade secrets without prior written consent of the Company’s General Counsel. Any reporting or disclosure permitted under this Section 9(f) shall not result in the cancellation of Shares.Grantee is entitled to certain immunities from liability under state and federal law for disclosing trade secrets if the disclosure was made to report or investigate an alleged violation of law, subject to certain conditions. Please see the Company’s Confidential Information Policy for further details.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not use the services ( other than certain commercial tools ) to sell a product or service , increase traffic to your own website or a third-party website for commercial reasons , such as advertising sales , or otherwise undertake any endeavor aimed at deriving revenue .

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: EACH OF THE ISSUER AND THE TRUSTEE HEREBY (AND EACH HOLDER OF A NOTE BY ITS ACCEPTANCE THEREOF) IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS INDENTURE, THE NOTES OR THE TRANSACTION CONTEMPLATED HEREBY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: References in this Agreement to any gender include references to all genders, and references to the singular include references to the plural and vice versa. Unless the context otherwise requires, the words “include,” “includes” and “including” when used in this Agreement shall be deemed to be followed by the phrase “without limitation.” Unless the context otherwise requires, references in this Agreement to Articles, Sections and Exhibits shall be deemed references to Articles and Sections of, and Exhibits to, this Agreement. Unless the context otherwise requires, the words “hereof,” “hereby” and “herein” and words of similar meaning when used in this Agreement refer to this Agreement in its entirety and not to any particular Article, Section or provision of this Agreement.

assistant: Interpretations
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: 14 to 15 convictions, and then think Marcia Gardner is a lightweight.” No error is presented in this point because the record reflects the above statement was made at the bench and outside the hearing of the venire panel. In his final point of error, appellant claims the trial court erred in permitting the State to voir dire the venire panel twice. Appellant asserts that because the prosecutor voir dired the same venire for two separate cases, he was effectively given the opportunity to voir dire the panel twice, where appellant was only given one opportunity. Appellant has cited no authority in support of his position, therefore, we find the point has been inadequately briefed and refuse to address it. Tex.R.App. P. 38.1(h); see Smith v. State, 907 S.W.2d 522, 532 (Tex.Crim.App.1995) (<HOLDING>). Appellant’s thirteenth point of error is Options: A. holding under former texas rule of appellate procedure 74f predecessor to 381h appellant must present authority for its argument if such argument is to be considered on appeal B. holding an issue is deemed abandoned and will not be considered on appeal if the argument is raised in a brief but not supported by authority C. holding that the appellant waived this argument D. holding that the appellant waived an argument listed only in his summary of the argument E. holding that appellate court will not consider an argument on appeal that is different from the specific argument presented to the trial court even if it relates to the same general issue

assistant: The best answer is A. holding under former texas rule of appellate procedure 74f predecessor to 381h appellant must present authority for its argument if such argument is to be considered on appeal