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: There is no litigation, arbitration, proceeding, inquiry or governmental investigation (including, without limitation, by the Federal Trade Commission) pending or, to the knowledge of any of their officers, threatened against any Loan Party that would reasonably be expected (a) to have a Material Adverse Effect as of the date hereof, except for Disclosed Claims or (b) to prevent or enjoin the making of any Credit Extensions under this Agreement.

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: suffered or claimed to have been suffered by any other person....” (Equivest’s Mot. for Summ. J. at Ex. 1, ¶ 12.) The phrase “claimed to have suffered” would carry little meaning if it did not refer to claims alleged but not yet determined, and it is just such claims that Equivest is currently expending funds to address. The provision also states that GK must hold CAI, and therefore Equivest, harmless from “all reasonable costs and expenses incurred ... therewith.” That language is the functional equivalent of a requirement to defend and indemnify. Because the underlying claim falls within the ambit of that contractual indemnity agreement, the Court finds that Equivest is entitled to a defense and indemnification by GK. See Pacific Indem. Co. v. Linn, 766 F.2d 754, 760 (3d Cir. 1985) (<HOLDING>); see also C.H. Heist Caribe Corp. v. American Options: A. holding that the insurer had no duty to defend the insured because the allegations of the initial complaint did not allege facts which would bring the case within the coverage of the title insurance policy B. holding insurers duty to defend is determined by allegations in the petition C. holding that an insurers duty to defend arises from the allegations in the complaint against the insured D. holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage E. holding that an insurers duty to defend pursuant to an insurance contract arises whenever the complaint filed by the injured party may potentially come within the policys coverage

assistant: The best answer is E. holding that an insurers duty to defend pursuant to an insurance contract arises whenever the complaint filed by the injured party may potentially come within the policys coverage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and the Guarantor has timely filed all material federal, state and local income, excise, property, and other material tax returns prior to the Restatement Date and the date of each Warehousing Advance Request, as applicable, and paid all taxes shown thereon to be payable, except to the extent such taxes are being contested in good faith by appropriate proceedings and for which adequate reserves have been established in conformity with GAAP. The charges, accruals and reserves on the books of the Guarantor in respect of taxes or other governmental charges are adequate in accordance with applicable accounting standards.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Wherever possible, each provision of this Agreement and the other Loan Documents shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement or any other Loan Document shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or such other Loan Document.

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: Wherever possible, each provision of this Fourth Amendment shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Fourth Amendment shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Fourth Amendment.

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: proper notice to all parties and hold an initial hearing no later than ten days from the filing to determine whether an evidentiary hearing is needed; the rule then provides that if an evidentiary hearing is needed, it shall be set no more than ten days from the date of the initial hearing. In this case, N.C. has not demonstrated that the procedures set forth in rule 8.135 were inadequate or deprived her of a fair and meaningful opportunity to be heard. Therefore, we conclude that rule 8.135 provides sufficient due process protections. CONCLUSION For the foregoing reasons, we hold that due process does not require that a trial court issue an oral pronouncement of disposition and that N.C.’s due process rights were adequately protected by the requirement in the juvenile rule DCA 1999) (<HOLDING>); C.A. v. State, 685 So.2d 1036, 1037 (Fla. 3d Options: A. holding written judgment must conform to oral pronouncement B. holding that disposition order be remanded to the trial court for revision to conform to the trial courts oral pronouncement C. holding that the trial courts oral pronouncement must conform to the written judgment D. holding that courts written sentence must conform to oral pronouncement E. holding that a trial courts changing of the written sentence to conform with the oral pronouncement of sentence is ministerial

assistant: The best answer is B. holding that disposition order be remanded to the trial court for revision to conform to the trial courts oral pronouncement
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: 1125; Ram v. Rubin, 118 F.3d 1306, 1311 (9th Cir.1997) (“An indictment or serious allegations of abuse which are investigated and corroborated usually gives rise to a reasonable inference of imminent danger.”); Good v. Dauphin County Social Services for Children and Youth, 891 F.2d 1087, 1093 (3d Cir.1989) (citing Mincey v. Arizona, 437 U.S. 385, 393, 98 S.Ct. 2408, 57 L.Ed.2d 290 (1978)); see also Campbell, 141 F.3d at 927; Franz, 997 F.2d 784; Hurlman v. Rice, 927 F.2d 74, 80 (2d Cir.1991) (collecting cases). Moreover, the police cannot seize children suspected of being abused or neglected unless reasonable avenues of investigation are first pursued, particularly where it is not clear that a crime has been—or will be—committed. See Sevigny v. Dicksey, 846 F.2d 953, 957 (4th Cir.1988) (<HOLDING>); BeVier v. Hucal, 806 F.2d 123, 128 (7th Options: A. holding that although parents have a fundamental right to the care and custody of their children they have no fundamental right to allocate support to their children as they see fit B. recognizing fundamental right of parents to care for their children C. holding that child abuse investigator has duty to investigate information that would have clarified matters prior to separating children from their parents D. holding there was not probable cause to arrest parents for child abuse even though the facts weakly supported an inference that the children were being neglected because the officer failed to question the parents medical personnel or other caretakers which would have provided information that the children were not being neglected E. recognizing that because the state has cognizable interests in the safety of children in its jurisdiction neglectful parents may be separated from their children

assistant: The best answer is C. holding that child abuse investigator has duty to investigate information that would have clarified matters prior to separating children from their parents
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the entirety* until the court approved the settlement agreement, nothing entitled the trustee to the debtor’s wife’s interest in those properties. Only by formal agreement and later ratification by the bankruptcy court did the trustee become entitled to legal ownership of such properties. Furthermore, as for the deposits made in 1995, the trustee contends that those entries simply represent dates after which he liquidated assets and deposited them into the trust account. He claims those dates in no way illustrate the date on which he gathered the underlying assets or the date on which he became legally entitled to them. Importantly, ownership was transferred in 1994, when the bankruptcy court approved the global settlement. See Davies v. Comm., 101 T.C. 282, 1993 WL 387155 (1993)(<HOLDING>). The allegations made by the government simply Options: A. recognizing that a lease providing for renewal at the termination of the lease did not require the lessee to exercise the option before the lease expired nor did it require renewal at the precise hour of termination but gave the lessee a reasonable time after the termination of the lease in which to make his election B. holding that the damage for tenancy at sufferance during the holdover period was the monthly rent under the lease versus the apartments fair market value because the lease contained a provision requiring lease payments beyond the lease term C. holding that the question of whether a bankruptcy trustee or a putative lessor was entitled to the proceeds of an equipment sale depended on whether a true lease was involved when the lease is intended as a security interest article 9 applies however a bona fide lease is not affected by article 9 D. holding that former employees of a brokerage firm who had a contractual right to a share of any commission received by the firm upon extension of a lease were not entitled to a share of the commission received when the landlord and tenant entered an amendment to the lease which extended the duration but also added new terms this was a new lease not an extension of the prior lease E. holding that transferring the legal right to sell lease encumber or prevent the sale lease or encumbrance of property is a deductible event

assistant: The best answer is E. holding that transferring the legal right to sell lease encumber or prevent the sale lease or encumbrance of property is a deductible event
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 Optionee 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 Optionee 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 7(f) shall not result in the cancellation of Options. Optionee 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: except with respect to the prohibition of class and representative actions , if a court decides that any part of this arbitration agreement is invalid or unenforceable , the other parts of this arbitration agreement shall continue to apply .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a Terry stop and the attendant interruption of liberty required to accomplish it. Based on the totality of the circumstances of Washington's stop, including the absence of any officer-observed activity which would provide an independent basis for a traffic stop or otherwise generate reasonable suspicion and the absence of detailed predictions of Washington's future behavior or other indicia of reliability that would reflect the knowledge of the anonymous caller, we must reverse. Reversed. ROBB and MATHIAS, JJ., concur. 1 . Ind.Code § 35-48-4-1(2). 2 . Ind.Code § 35-48-4-10(a)(1). 3 . Oral argument was held at Delphi High School on October 3, 2000. We wish to thank the {faculty and students for their hospitality. 4 . See Terry v. Ohio, 392 U.S. 1, 28, 88 S.Ct. 1868, 20 LEd.2d 889 (1968) (<HOLDING>). 5 . We note that some of our recent decisions Options: A. holding that certain police stops of limited duration that are reasonably related in scope to the justification for their initiation are legal B. holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived C. holding that claims are related if they involve a common core of facts or they are based on related legal theories D. holding that provisions in a subcontract incorporating a prime contract for a limited purpose are limited only to those that are applicable E. holding that comparatively nonthreatening character of detentions associated with ordinary traffic stops explains the absence of any suggestion in our opinions that terry stops are subject to the dictates of miranda

assistant: The best answer is A. holding that certain police stops of limited duration that are reasonably related in scope to the justification for their initiation are legal
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: most likely would have found no structural error. 4 . Of course, in an absence of counsel case, to determine that structural error has occurred it may be necessary for a court to find facts related to whether counsel was absent and whether inculpatory evidence was presented during the absence. But once a court answers “yes" to these preliminary questions, no case-by-case determination is permitted. 5 . I agree with the majority that the presence of lawyers for co-defendantS' — even when a co-defendant’s lawyer agrees to cover for an absent defense lawyer — is irrelevant to the structural error inquiry unless the defendant knowingly and voluntarily waives the right to the presence of his own lawyer. See Maj. Op. at 1158-59; Olden v. United States, 224 F.3d 561, 568-69 (6th Cir. 2000) (<HOLDING>); United States v. Russell, 205 F.3d 768, Options: A. holding that defendant was denied counsel even though his lawyer asked another defendants lawyer to take notes or whatever in the defendants lawyers temporary absence B. holding that a request for a lawyer requires the police to cease questioning until the accused consults with his or her lawyer unless the defendant initiates further conversation C. recognizing that providing defendant with hobsons choice between incompetent lawyer or no lawyer violates right to counsel D. holding that there is an inference from the existence of a blank for the name of defendants lawyer and from the absence of any evidence to the contrary that defendant was not represented by counsel E. holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person

assistant: The best answer is A. holding that defendant was denied counsel even though his lawyer asked another defendants lawyer to take notes or whatever in the defendants lawyers temporary absence
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: 691, 695 (1986) (quoting Little River Lumber Co. v. United States, 7 Cl.Ct. 492, 494 (1985)); see also Billops v. Department of the Air Force, 725 F.2d 1160, 1164 (8th Cir.1984) (transfer of case from federal district court to Federal Circuit was not appropriate where Federal Circuit would not have jurisdiction to consider the merits of the claim). “It is axiomatic that the United States may not be sued without its consent and that the existence of consent is a prerequisite for jurisdiction.” Mitchell, 463 U.S. at 212, 103 S.Ct. 2961. As the United States has not waived its sovereign immunity to be sued under the ADA in the manner plaintiff seeks, this court has no alternative but to dismiss plaintiffs ADA claim. See Whooten v. Bussanich, 2005 WL 2130016, at *7 (M.D.Pa. Sept. 2, 2005) (<HOLDING>). C. Rehabilitation Act Ms. Gray’s final claim Options: A. holding that rfras waiver of sovereign immunity did not extend to monetary damages the acts reference to appropriate relief was susceptible to more than one interpretation and thus was not an unambiguous waiver of sovereign immunity B. holding that the ada does not contain a waiver of sovereign immunity and thus does not apply to the federal government C. holding that removal to federal court does not waive tribal sovereign immunity D. holding that 28 usc 1331 does not constitute a waiver of sovereign immunity E. holding the fourteenth amendment does not apply to the actions of the federal government

assistant: The best answer is B. holding that the ada does not contain a waiver of sovereign immunity and thus does not apply to the federal government
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 binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. Notwithstanding the foregoing, neither Party shall, without the consent of the other Parties hereto, have the right to assign any of its rights or delegate any of its obligations hereunder.

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: style knife that he had stolen from his business partner. When Echols arrived at the club, he attacked Mr. Nichols with a billy club and stabbed him 61 times in the head and back. Echols told Bailey that Mr. Nichols had been killed, but Echols blamed the killing on a robber. Bailey was suspicious of Echols’s story and contacted the police after he realized that his knife was missing and that it was possibly the murder weapon. The police questioned Echols, searched his home, and discovered the knife and Echols's bloody clothing. 3 . While the escape must have an impact on the administration of justice before the escape rule may be applied, the court is not required to make an explicit finding on the record before applying the rule. See Laws v. State, 183 S.W.3d 629, 634 (Mo.App.2006) (<HOLDING>). 4 . The recognized justifications for the Options: A. holding that a claim is proeedurally barred where it was not raised in the defendants motion for postconviction relief B. holding that the defendants motion for discharge was premature and thus properly denied by the trial court C. holding that there was no error where the motion court denied the defendants motion for postconviction relief without an express finding that the defendants escape impacted the criminal justice system D. holding that a motion to continue a hearing on a postjudgment motion was ineffective to extend the period for the trial court to rule on the motion absent the express consent of the parties E. holding that where the trial court implicitly denied the defendants motion to suppress but neither expressly denied the motion nor explained its ruling claim of error could not be reviewed

assistant: The best answer is C. holding that there was no error where the motion court denied the defendants motion for postconviction relief without an express finding that the defendants escape impacted the criminal justice system
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 trial, several witnesses testified to the conditions of Kristin’s homes, which included roach and lice problems, animal feces, terrible odors, and general fi Worth 1999, no pet.) (determining that the evidence of neglect and a home smelling like urine was legally and factually sufficient to support termination under section 161.001(1)(D)). In addition to the filthy living conditions, Kristin continued her drug use. Even though she never did drugs around K.M.B., Kristin admitted to still having a drug problem. Therefore, the record also shows more than a scintilla of evidence to support the jury’s finding that Kristin’s continued drug use endangered the physical or emotional well-being of K.M.B. See In re W.A.B., 979 S.W.2d 804, 807 (Tex.App.—Houston [14th Dist.] 1998, pet. denied) (<HOLDING>); see also In re B.B., 971 S.W.2d 160, 169 Options: A. holding that abusive or violent conduct by a parent or other resident of the childs home supports conclusion that childs surroundings endanger his physical or emotional wellbeing B. holding that evidence of admitted drug use before the birth of the children missed drug tests after removal of children and a failed drug test between removal and the final hearing established legal sufficiency of evidence to show endangerment under section 1610011e C. holding that courts may look to parental conduct both before and after childs birth to determine whether termination is appropriate that parents conduct need not be directed at child and that danger to childs wellbeing may be inferred from parental misconduct standing alone D. holding mothers drug use during pregnancy and after child was removed from her care in face of random drug testing that placed her relationship with child at risk was legally and factually sufficient evidence that she engaged in course of conduct which endangered her child E. holding that evidence of continued drug use after pregnancy may be conduct which endangers a childs wellbeing under section 1610011e

assistant: The best answer is E. holding that evidence of continued drug use after pregnancy may be conduct which endangers a childs wellbeing under section 1610011e
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: Upon or at any time after the occurrence of an Event of Default specified in Sections 9.1 , 9.2 , 9.3 or 9.4 hereof, all Obligations under this Note shall, upon the demand of the Holder, become due and payable without further presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived. Upon the occurrence of an Event of Default specified in Section 9.5 hereof, all Obligations shall thereupon and concurrently therewith automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are hereby expressly waived.

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 case excerpt and choose the best holding from the options. Case excerpt: this hearing. At the conclusion of the hearing, the trial court sentenced Jackson to ninety days imprisonment. The record is completely devoid of any statements by the trial court informing Jackson of her right to counsel. Additionally, the record does not reveal the trial court warned Jackson in any way as to the dangers of self-representation. Moreover, the trial court did not determine, as required, that Jackson knowingly and intelligently waived the right to counsel. Our examination of the record does not reveal Jackson had a sufficient background or was apprised of her constitutional right to counsel by another source. Consequently, the trial court’s decision to sentence Jackson to ninety days imprisonment was reversible error. Thompson, 355 S.C. at 262-63, 584 S.E.2d at 134-35. (<HOLDING>). We note that this opinion is limited to the Options: A. holding that it is per se reversible error to prohibit adverse inference questioning of the venire B. holding the erroneous deprivation of the right to counsel constitutes per se reversible error C. holding that sua sponte grant of summary judgment without notice to the parties constitutes reversible error D. holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis E. holding that the failure to hold a faretta hearing is per se reversible error and reversing the defendants conviction vacating his death sentence and remanding for a new trial

assistant: The best answer is B. holding the erroneous deprivation of the right to counsel constitutes per se reversible error
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 execute such further documents, deeds, bills of sale, assignments and assurances and take such further actions as may reasonably be required by the Purchaser to consummate the transactions contemplated by this Agreement and the other agreements contemplated hereby, to vest the Purchaser with full title to all of the Purchased Assets, free and clear of all Encumbrances, or to effect any of the other purposes of this Agreement or the other agreements contemplated hereby. The Company shall notify Purchaser immediately of any claims made against the Company in the liquidation process.

assistant: Further Assurances
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: it. 8 .The Court is aware of the split in authority on whether a district court retains jurisdiction after class certification is denied. See Ronat v. Martha Stewar Living Omnimedia, Inc., No. 05-520, 2008 WL 4963214, *6, 2008 U.S. Dist. LEXIS 91814, at *21-22 (S.D.I11. Nov. 12, 2008) (collecting conflicting cases). The Third Circuit has not ruled on the issue and district courts within the circuit have come to conflicting conclusions. Compare Atlass v. Mercedes-Benz USA, LLC, No. 07-2720, 2007 WL 2892803, *1 n. 1, 2007 U.S. Dist. LEXIS 72603, at *2 n. 1 (D.N.L Sept. 25, 2007) (Debevoise, S.D.J.) (no jurisdiction if no certification order) with Allen-Wright v. Allstate Ins. Co., No. 07-4087, 2009 WL 1285522, *3, 2009 U.S. Dist. LEXIS 39555, at *14 (E.D.Pa. May 5, 2009) (Joyner, D.J.) (<HOLDING>). The Court respectfully disagrees with the Options: A. holding that cafa jurisdiction survived denial of class certification B. holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa C. holding that where named plaintiff was employee of class counsel district court did not abuse its discretion by denying class certification D. holding that the court retained cafa jurisdiction even though class certification was denied E. holding that no subsequent class actions may benefit from tolling when class certification has been denied

assistant: The best answer is D. holding that the court retained cafa jurisdiction even though class certification was denied
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: judgment on the basis of qualified immunity and thus may prevail if he had “arguable” probable cause to charge Jaegly with those crimes. See Saucier v. Katz, 533 U.S. 194, 206, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). For the reasons stated in our accompanying opinion with respect to false arrest, we affirm the district court’s ruling that Couch had probable cause to initiate a criminal prosecution against Jaegly for harassment in the second degree. See Opinion at 6. It is a close question, however, whether Couch had probable cause to initiate a criminal prosecution against Jaegly for criminal contempt in the first degree under New York law, see Opinion at 5-6, but we need not decide whether Couch had probable cause, see Ehrlich v. Town of Glastonbury, 348 F.3d 48, 59-60 (2d Cir.2003) (<HOLDING>). In light of the protective order that Options: A. recognizing that the determination is an equitable one B. holding that courts may decline to make a constitutional determination at the first stage of the qualified immunity inquiry where that determination would be based on an interpretation of uncertain state law C. holding that at this stage of the proceedings review is limited to a determination of whether the circuit court afforded due process and whether the court observed the essential requirements of law D. holding that a court of appeals should review de novo a district courts determination of state law E. recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous

assistant: The best answer is B. holding that courts may decline to make a constitutional determination at the first stage of the qualified immunity inquiry where that determination would be based on an interpretation of uncertain state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in Wheeler occurred on May 31, 2007. Wheeler, 121 Hawai'i at 386-87, 219 P.3d 1170-74. Hence, for charging purposes, the law that governed was the OVUII statute as it existed in 2007. It is therefore inaccurate to say that the OVUII law post-Wheeler was any different than that existing pre-Wheeler, because the requirements set forth in Wheeler were themselves applied to a charge that dated back to 2007. Accordingly, the Walker quote is a misstatement ("essential elements that the State must include in an OVUII charge differ from those required in 2007”). 31 .This court has previously applied Wheeler retroactively in cases in which an OVUII charge lacked the public-road element without discussion of whether Wheeler announced a new rule. See Garcia, 125 Hawai'i at 443, 263 P.3d at 724 (<HOLDING>). These post-Wheeler decisions include the Options: A. holding johnson announced a new substantive rule and prior supreme court holdings make it retroactive B. holding that apprendi announced a rule of criminal procedure forecloses argument that ring announced a substantive rule C. holding that simmons announced a new rule and retrospective application of the rule was barred by teague D. holding that retroactivity is assumed unless a new rule is announced E. holding that rule announced in mcconnell applies retroactively

assistant: The best answer is D. holding that retroactivity is assumed unless a new rule is announced
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 policy decision is made to do so, then it would constitute ‘absence’ under section 101.060(a)(2).” Id. at 280 (citations omitted). Thus, the court concluded that “the Act waives immunity when the city exercises its discretion in deciding to install a traffic control device but does not implement that decision within a reasonable amount of time.” Id. (citing TEX. CIV. PRAC. & REM. CODE § 101.060(a)(2); City of Fort Worth v. Robles, 51 S.W.3d 436, 442 (Tex.App. — Fort Worth 2001, pet. denied)). We have not previously construed the term “absence” as used in subsection 101.060(a)(2). But see Gonzalez, 82 S.W.3d at 325 (using the phrase “the signs’ absence” to describe two stop signs that were removed after being in place); Alvarado v. City of Lubbock, 685 S.W.2d 646, 649 (Tex.1985) (<HOLDING>). As noted by the parties, our courts of Options: A. holding police officer engaged in a high speed pursuit of a traffic offender had not seized the offender B. holding that a traffic stop is valid under the fourth amendment if the stop is based on an observed traffic violation or if the police officer has reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring C. holding that a speedlimit sign posting the wrong speed limit constituted the absence of or condition of a traffic sign D. holding that an insureds compliance with a condition precedent is not tested by the presence or absence of prejudice to the insurer but only by whether the condition has been fulfilled by the insured under all the circumstances E. holding that condition included an intended if dangerous cycling of a traffic light

assistant: The best answer is C. holding that a speedlimit sign posting the wrong speed limit constituted the absence of or condition of a traffic sign
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 applying a broader interpretation of N.J.S.A. 34:19-2(b) than the application of Pukowsky’s test would allow. By the same token, in rejecting the adoption of a test that would exclude all independent contractors, all temporary workers, and all workers who are not permitted the employment benefits mentioned in the Pukowsky test, we recognize that CEPA was not intended to provide protection for all individuals with a working relationship with an employer, but only those vulnerable to retaliation. That is, some workers are contractually positioned in a way that frees them from the fear of termination or other forms of retaliation, and have no critical need for CEPA’s protections. See, e.g., Casamasino v. City of Jersey City, 304 N.J.Super. 226, 241-42, 699 A.2d 697 (App.Div.1997) (<HOLDING>), rev’d on other grounds, 158 N.J. 333, 730 Options: A. holding that reconsideration of the correctness of property division was barred on appeal from the judgment enforcing that division B. holding that a tenured tax assessor was not entitled to pursue a cepa action because he could only be removed from office by the director of the division of taxation C. holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity D. recognizing the transition of the administrative hearing process from the division of motor vehicles to the office of administrative hearings E. holding that the director of the office of domestic relations was a judicial agency pursuant to the rtkl because the director was administrative staff of the unified judicial system as defined in the judicial code 42 pacs 102

assistant: The best answer is B. holding that a tenured tax assessor was not entitled to pursue a cepa action because he could only be removed from office by the director of the division of taxation
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 the extent that the Borrower fails to pay any amount required to be paid by it to the Administrative Agent, the Issuing Lender or the Swingline Lender under Section 10.5, each Lender severally agrees to pay to the Administrative Agent, the Issuing Lender or the Swingline Lender, as the case may be, such Lender’s Aggregate Exposure Percentage (determined as of the time that the applicable unreimbursed expense or indemnity payment is sought) of such unpaid amount; provided that the unreimbursed expense or indemnified loss, claim, damage, liability or related expense, as the case may be, was incurred by or asserted against the Administrative Agent, the Issuing Lender or the Swingline Lender in its capacity as such.

assistant: Indemnifications
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 final revised price was $59,398,521. AR Tab 21, at 2888-91. The difference between the prices quoted in STOPSO’s proposals, the FBI Memorandum, and the Source Selection Decision appear to be attributable to differences in accounting resolved through, further discussions. AR Tab 21, at 2888-91, 9 . The LOS Requirement sets aside certain government contracts for small business requiring that “[a]t least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.” FAR 52.219 — 14(c)(1). 10 . In 2006, RCFC 56.1 "Review of a Decision on the Basis of the Administrative Record” was repealed and replaced with RCFC 52.1, to conform to the United States Court of Appeals for the Federal Circuit’s decision in Bannum, 404 F.3d at 1354 (<HOLDING>). See RCFC 52.1, 2006 Rules Committee Notes. 11 Options: A. holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record B. holding the trial court is not required to make specific findings of fact on the record for each wham factor if the record contains sufficient evidentiary support for the finding of lack of good cause C. holding section 768201 is exception to general rule that appellate courts uphold the trial court even if it failed to make findings on the record whenever it would be reasonable to assume that the court actually made such findings D. holding that the district court must make findings on the record as to the basis for its conclusion about the amount of actual loss E. holding that appellate court must defer to all implied factual findings supported by record

assistant: The best answer is A. holding that the court should make factual findings from the record evidence as if it were conducting a trial 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 case excerpt and choose the best holding from the options. Case excerpt: do not object to the final judgment to engage in yet another round of costly and time consuming litigation. As the Second Circuit has observed, “in making the choice between the possibility of harm to the late-arriving prospective intervenors as against the possible harm to parties who have participated diligently during the pertinent portions of this litigation, it does not strike us as unjust that intervention on the part of the late-arrivers must yield under all of the circumstances herein.” Yonkers Bd. of Ed., 801 F.2d at 596. II. Motion for an Extension of Time to Appeal Intervenors’ failure to establish their standing is fatal to their motion for an extension of time to file an appeal. Official Comm. of Unsecured Creditors of World-Com, Inc. v. SEC, 467 F.3d 73, 77 (2d Cir. 2006) (<HOLDING>). Even assuming intervenors had met their Options: A. holding that article iii standing is not a prerequisite to intervention B. holding that standing is an essential and unchanging part of the easeorcontroversy requirement of article iii C. holding that standing is component of subjectmatter jurisdiction D. holding that article iii standing is necessary for intervention E. recognizing that standing is an essential component of our appellate jurisdiction and permitting party to appeal only after determining that they had met the requirements of article iii standing

assistant: The best answer is E. recognizing that standing is an essential component of our appellate jurisdiction and permitting party to appeal only after determining that they had met the requirements of article iii standing
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: and district courts have held that the FCA’s treble damages provision is not punitive. See, e.g., Stevens, 162 F.3d at 207; United States v. Brekke, 97 F.3d 1043, 1048 (8th Cir.1996); United States v. Barnette, 10 F.3d 1553, 1559-60 (11th Cir.1994); Long, 999 F.Supp. at 85-86. But see Graber, 8 F.Supp.2d at 349. The Supreme Court has held that the federal government “is entitled to rough remedial justice.” Halper, 490 U.S. at 446, 109 S.Ct. 1892. Halper reasoned that the multiple recovery allowed under the FCA was compensatory, not punitive, because it was rationally related to the government’s loss of the False Claims Act is different from the ‘ordinary case’ discussed in Halper,” the case in which the damages were a fixed penalty plus double damages); Barnette, 10 F.3d at 1560 (<HOLDING>). In an attempt to argue that the FCA’s treble Options: A. holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss B. holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated C. holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable D. holding a court may not award punitive damages E. holding that a 32 to 1 ratio of compensation to actual damages is not punitive

assistant: The best answer is E. holding that a 32 to 1 ratio of compensation to actual damages is not punitive
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: but indeed compels it”) (internal quotations and citations omitted) (emphasis in original). Substantial evidence supports the BIA’s affirmation of the immigration judge’s decision; the record evidence does not compel a contrary conclusion. Lin also argues the immigration judge erred in failing to find a nexus between his Falun Gong activities and the confiscation of his gaming equipment, and in failing to properly review the State Department Human Rights Report on China. However, these claims have not been administratively exhausted because Lin did not present them in his brief for his BIA appeal. This Court does not have jurisdiction to consider claims that have not been administratively exhausted. 8 U.S.C. § 1252(d)(1); see also Ramani v. Ashcroft, 378 F.3d 554, 559-60 (6th Cir.2004) (<HOLDING>). To the extent Lin also argues this Court Options: A. holding only claims properly presented to the bia and considered on their merits can be reviewed by this court in an immigration appeal B. holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte C. holding that an issue not presented to the trial court will not be considered on appeal D. holding that a deposition that was not presented to the trial court could not be considered on appeal E. holding that an issue raised for the first time on appeal will not be considered by this court

assistant: The best answer is A. holding only claims properly presented to the bia and considered on their merits can be reviewed by this court in an immigration appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall deliver to the Administrative Agent: (A) a duly executed Assignment and Acceptance, (B) a processing and recordation fee of $3,500, (C) an Administrative Questionnaire unless the assignee is already a Lender and (D) the documents required under Section 2.16 if such assignee is a Foreign Lender.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 11.2 if a host claims and provides evidence that you as a guest have damaged an accommodation or any personal or other property at an accommodation ( `` damage claim '' ) , the host can seek payment from you through the resolution center .

assistant: None