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: in the decision to terminate the employee.” Crosby, 76 Hawai'i at 342, 876 P.2d at 1310; accord Nabors Alaska Drilling, Inc. v. N.L.R.B., 190 F.3d 1008, 1015 (9th Cir.1999). Second, once the employee makes its prima facie showing, the employer must then “ ‘defend affirmatively by showing that the termination would have occurred regardless of the protected activity.’ ” Crosby, 76 Hawai'i at 342, 876 P.2d at 1310 (quoting N.L.R.B. v. Howard Elec. Co., 873 F.2d 1287, 1290 (9th Cir.1989)); see also N.L.R.B. v. Searle Auto Glass, Inc., 762 F.2d 769, 773 (9th Cir.1985) (“[A]s an affirmative defense, the employer may show by a preponderance of the evidence that the employee would have been terminated even in the absence of the protected conduct.”); Nabors Alaska Drilling, 190 F.3d at 1015 (<HOLDING>). An employer may negate causation ex post Options: A. holding that in title vii disparate treatment case in order for a plaintiff to establish a prima facie case the plaintiff must proffer evidence among other things that she performed her job according to her employers legitimate expectations if the plaintiff establishes the prima facie case the presumption shifts the burden to the employer to produce a legitimate nondiseriminatory reason for its actions B. holding that if the plaintiff makes a prima facie case the defendant employer must then articulate some legitimate nonretaliatory reason for the adverse action and the employee must then have a fair opportunity to show pretext that is that a discriminatory intent motivated the employers action C. holding that once the moving party makes a colorable claim that its first amendment rights have been in fringed or are threatened with infringement the burden shifts to the government to justify the restriction D. holding that the fourteenth amendment precludes peremptory challenges predicated upon race and that once a defendant in a criminal case makes a prima facie showing of discrimi nation the burden shifts to the prosecution to demonstrate a neutral explanation for the challenges E. holding that once the employee makes its prima facie showing the burden then shifts to the employer to prove that legitimate reasons supported the termination

assistant: The best answer is E. holding that once the employee makes its prima facie showing the burden then shifts to the employer to prove that legitimate reasons supported the termination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the alleged bankrupt for December 17, 1965. On December 17, 1965 the alleged bankrupt filed an amended answer, the issues were tried and submitted. On January 10, 1966 an order of adjudication in bankruptcy was entered by Referee Butt. On January 17, 1966 an order was entered by Réferee Butt “ * * * 0n oral application of Gene W. Thompson, attorney for Columbus Finance, Inc., to reconsider the order of this court entered herein on the 10th day of December, 1965 * * By this order, Referee Butt authorized the posting of a surety bond in the amount of $6,800 “* * * to any trustee to be appointed in this proceeding to guarantee its ability to refund to any such trustee said sum of $6,800 in the event that its mortgage # * # is not a valid mortgage # # and ordered the Ohio National Bank (<HOLDING>) to distribute in accordance with the order of Options: A. holding that the new jersey real estate licensing act is applicable to the sale of a company through a stock sale B. holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate C. holding the real estate sale proceeds D. holding that the proceeds of a liability insurance policy were not property of the estate E. holding witness not licensed as real estate appraiser could not testify as expert on real estate valuation where statute made it unlawful to engage in real estate appraisal without license

assistant: The best answer is C. holding the real estate sale proceeds
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 Guaranty shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas. Each Guarantor hereby irrevocably submits to the jurisdiction of any Texas state or federal court sitting in Houston, Texas in any action or proceeding arising out of or relating to this Guaranty and the other Credit Documents, and each Guarantor hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such court. Each Guarantor hereby irrevocably waives, to the fullest extent it may effectively do so, any right it may have to the defense of an inconvenient forum to the maintenance of such action or proceeding. Each Guarantor hereby agrees that service of copies of the summons and complaint and any other process which may be served in any such action or proceeding may be made by mailing or delivering a copy of such process to such Guarantor at its address set forth in the Credit Agreement or set forth on the signature page of this Guaranty. Each Guarantor agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Section shall affect the rights of any Secured Party to serve legal process in any other manner permitted by the law or affect the right of any Secured Party to bring any action or proceeding against any Guarantor or its Property in the courts of any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The initial term of this Agreement (“ Original Term ”) shall be from the Effective Date through and including December 31, 2019, and shall continue in succession thereafter for one or more Extensions, each a period of twelve (12) months, beginning each successive January 1, unless Hawaii Electric Light or Chevron gives written notice of termination at least one hundred twenty (120) days before the beginning of an Extension.

assistant: Terms
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 Forbearance Agreement is and shall remain in full force and effect as of the date hereof except as modified by this Amendment. Notwithstanding anything in Section 13 of the Forbearance Agreement to the contrary, this Amendment shall be effective as to each party hereto upon the execution of this Amendment by or on behalf of each Note Party and Holders constituting 55% of the outstanding 2019 Notes as of the date hereof.

assistant: Effectiveness
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 fullest extent permitted by law, Supplier shall defend, indemnify and hold Customer , its parent, subsidiaries, related entities and their respective officers, directors and employees harmless from and against any and all claims, suits, damages, losses, liabilities, fines, penalties, costs or expenses (including reasonable attorney’s fees) arising from or related to (i) Supplier’s negligence, gross negligence or willful misconduct in the performance of its duties and obligations hereunder, or (ii) any violation of applicable law by Supplier or its products and services.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and, all of which taken together shall constitute one and the same Agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or in electronic form, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or electronic form were the original thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: helpful to the jury’s determination of facts at issue.” Ariz. R. Evid. 702 cmt. (2012). But the comment also observes that “[t]he trial court’s gatekeeping function is not intended to replace the adversary system.” Id. Rather, “[c]ross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional and appropriate means of attacking shaky but admissible evidence.” Id.; cf. Daubert, 509 U.S. at 596, 113 S.Ct. 2786. ¶ 12 Daubert left unclear whether the particular application of a generally reli oach of leaving challenges to an expert’s application of a methodology exclusively to the jury. Such challenges are instead a proper subject of the trial court’s gatekeeping inquiry. But cf. United States v. Bonds, 12 F.3d 540, 563 (6th Cir.1993) (<HOLDING>). ¶ 14 But not all errors in the application of Options: A. holding that federal law governs res judicata effect of an earlier federal judgment based on federal law B. holding that a statute of limitations defense raised for the first time during trial was waived construing a previous version of federal rule of criminal procedure 12 that was not substantively different from the current version C. recognizing general rule D. holding under earlier version of federal rule 702 that in general criticisms touching on whether the lab made mistakes in arriving at its results are for the jury E. holding officials are entitled to qualified immunity for reasonable mistakes of law

assistant: The best answer is D. holding under earlier version of federal rule 702 that in general criticisms touching on whether the lab made mistakes in arriving at its results are for the jury
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: offer post-seizure evidence showing the probable validity of retention during the pendency of proceedings. Thus, the legality of a seizure typically will be a subset of the larger due process question of the legitimacy of continued impoundment pendente lite. II. The Role of the Fourth Amendment in Civil Forfeiture The Supreme Court has held that the Fourth Amendment protects claimants against unreasonable seizures of their property in the civil forfeiture context. See United States v. James Daniel Good Real Prop., 510 U.S. 43, 49, 114 S.Ct. 492, 126 L.Ed.2d 490 (1993) (“The Fourth Amendment does place restrictions on seizures conducted for purposes of civil forfeiture ....”); see also One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 696, 700, 85 S.Ct. 1246, 14 L.Ed.2d 170 (1965) (<HOLDING>); cf. In re Seizure of All Funds in Accounts in Options: A. holding that an exception to the fourth amendment exclusionary rule applies where the police would have obtained the evidence if no illegality had occurred B. recognizing good faith exception to fourth amendment exclusionary rule C. holding that the exclusionary rule under the fourth amendment applies to civil forfeiture proceedings D. holding that both fourth amendment warrant and probable cause and fifth amendment due process requirements apply to civil forfeiture proceedings E. holding that exclusionary rule does apply to civil forfeiture proceedings

assistant: The best answer is C. holding that the exclusionary rule under the fourth amendment applies to civil forfeiture proceedings
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: As used in this Agreement, the terms "include", "includes" and "including" are not limiting and mean include, includes and including, without limitation. All headings are for reference purposes only and shall not in any way affect the meaning or interpretation 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 legal provision and list the applicable contract clause categories. Provision: The initial term of Executive’s employment under this Agreement shall be for the period commencing on the Effective Date and ending, subject to earlier termination as set forth in Section 7, on the fourth anniversary of the Effective Date (such term, as may be hereafter extended, the “Employment Term”); provided, however, that commencing with the fourth anniversary of the Effective Date and on each anniversary thereof (each an “Anniversary Date”), the Employment Term shall be automatically renewed for one (1) additional year beyond the term otherwise established, unless one party provides written notice to the other party, at least sixty (60) days in advance of an Anniversary Date, of its intent not to renew the Employment Term for an additional one year period.

assistant: Terms
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: parking lot or moving it to a secure location at the Le-nexa Police Station” while seeking a warrant. Id. at 21. Mr. Salazar cites no case point which so limits the automobile exception established more than seventy-five years ago in Carroll v. United States, 267 U.S. 132, 155-56, 45 S.Ct. 280, 69 L.Ed. 543 (1924), and followed broadly since. See, e.g., Florida v. White, 526 U.S. 559, 563-64, 119 S.Ct. 1555, 143 L.Ed.2d 748 (1999) (“[W]hen federal officers have probable cause to believe that an automobile contains contraband, the Fourth Amendment does not require them to obtain a warrant prior to search.ing the car for and seizing the contraband.”). Motel parking lots openly available to public access are no exception to roadside stop cases. See United States v. Ludwig, 10 F.3d at 1528 (<HOLDING>). Despite defendant’s assertions, our holding Options: A. holding that a search warrant is invalid if not based on an affidavit B. holding that police do not need probable cause or a warrant to search items that have already been searched for inventory purposes C. holding that although the automobile exception is based in part on exigence where police have probable cause to search a ear they need not get a search warrant even if they have the time and opportunity D. holding probable cause and exigent circumstances justified warrantless search of automobile where officers received information from an informant that defendants would be traveling in a vehicle containing illegal drugs and due to the lateness of the hour it would have been impractical to get a search warrant E. recognizing that police officers generally do not need warrant to search person they have lawfully arrested

assistant: The best answer is C. holding that although the automobile exception is based in part on exigence where police have probable cause to search a ear they need not get a search warrant even if they have the time and opportunity
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: variance criteria rendering its decision arbitrary and capricious; and, 5) erred in “taking” appellants’ property without just compensation. The County supports appellants’ contentions except for the last one, with which it disagrees. The County also contends the Board erred in applying the wrong law. The individual appellees, who opposed the variance applications, support the Board’s decision. Discussion 1. Applicable Law A. State Law Before we address the merits of appellants’ contentions, we shall address the County’s contention that the Board applied inapplicable law. The County asserts that the Board incorrectly applied a presumption that the requested use did not conform to the purpose and intent of the Critical Area Program because, while that presumption was added 677 (2000) (<HOLDING>). In 2002, the General Assembly amended the Options: A. holding that a defendant must show reasonable probability that but for the error he would not have entered the plea B. holding that the board did not have to consider whether denying the variance would have denied reasonable and significant use of the entire lot but rather whether denying the variance would have denied reasonable and significant use of the buffer C. holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration D. holding that the question of whether it might have been error for the court to have denied leave to amend is not before us because plaintiffs never requested it E. recognizing that a district attorney must have reasonable latitude in fairly presenting a case to the jury and that the trial judge must have reasonable discretion in deciding whether the bounds of propriety have been exceeded

assistant: The best answer is B. holding that the board did not have to consider whether denying the variance would have denied reasonable and significant use of the entire lot but rather whether denying the variance would have denied reasonable and significant use of the buffer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each of the parties hereto hereby irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against any Agent, any Lender, any Issuing Bank, or any Related Party of the foregoing in any way relating to this Agreement or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County, and of the United States District Court of the Southern District of New York, and any appellate court from any thereof , and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by applicable law, in such federal court. Each Designated Subsidiary hereby agrees that service of process in any such action or proceeding brought in the any such New York State court or in such federal court may be made upon the Company at its address specified in Section 9.02, and each Designated Subsidiary hereby irrevocably appoints the Company its authorized agent to accept such service of process, and agrees that the failure of the Company to give any notice of any such service shall not impair or affect the validity of such service or of any judgment rendered in any action or proceeding based thereon. Each Borrower hereby further irrevocably consents to the service of process in any action or proceeding in such courts by the mailing thereof by any parties hereto by registered or certified mail, postage prepaid, to such Borrower at its address specified pursuant to Section 9.02. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement shall affect any right that any party may otherwise have to serve legal process in any other manner permitted by law or to bring any action or proceeding relating to this Agreement or the Notes in the courts of any jurisdiction. To the extent that each Designated Subsidiary has or hereafter may acquire any immunity from jurisdiction of any court or from any legal process (whether through service or notice, attachment prior to judgment, attachment in aid of execution, execution or otherwise) with respect to itself or its property, each Designated Subsidiary hereby irrevocably waives such immunity in respect of its obligations under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: area in determining that the proposed sale includes no old growth forest. AR Tab 59, pp. 13, 44. Using a different definition of old growth forest, the Virginia Department of Conservation Resources identified ten acres of the sale as old growth. The Forest Service argues that the state agency’s definition of old growth is more simplistic and produces less representative stand ages because it uses a single age cutoff for all. species, focuses on the older trees in a stand, and considers no factors other than age. The court need not concern itself with the merits of the competing methodologies, however, because the Forest Service is entitled to substantial deference on scientific questions within its area of technical expertise. Sierra Club v. Marita, 46 F.3d 606, 621 (7th Cir.1995) (<HOLDING>); Inland Empire Public Lands Council v. Options: A. holding that an agencys interpretation of its own regulations is entitled to deference B. holding the agency is entitled to use its own methodology unless it is irrational C. holding that agency interpretation which is reasonable is entitled to deference D. holding that as a general rule the prosecution is entitled to prove its case by evidence of its own choice E. holding deference to agency methodology appropriate unless agency failed to address an essential factor

assistant: The best answer is B. holding the agency is entitled to use its own methodology unless it is irrational
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: Department’s appellate brief should be so read is confirmed, again, by Joy’s appellate brief. The conclusion that the Department adequately “raised” the tort claim on appeal is bolstered by two final observations. First, the cases in which the Third Circuit has found appellate waiver involve situations quite unlike those presented here, such as where a party seeks to press a new and contradictory theory that it had never presented in previous proceedings or had expressly waived. See, e.g., Skretvedt, 372 F.3d at 202 (finding appellant-employee waived six of eight benefits claims when, in an earlier appeal from a grant of summary judgment for employer, employee briefed only two claims, and Court of Appeals remanded just these two claims); Kopec v. Tate, 361 F.3d 772, 775 (3d Cir.2004) (<HOLDING>); Frank v. Colt Industries, 910 F.2d 90, 100 Options: A. holding that an issue not raised in the trial court cannot be raised for the first time on appeal B. holding that a ground for relief not pled in a motion for postconviction relief is waived and cannot be raised on appeal C. holding that issues not raised before the trial court cannot be raised on appeal D. holding that alternate theory of relief cannot be litigated on remand if it was not raised in prior appeal E. holding that the court bars a party from raising an issue on remand that was not raised on appeal

assistant: The best answer is D. holding that alternate theory of relief cannot be litigated on remand if it was not raised in prior appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: another and which also necessarily involves an undertaking in which a duty is created in one person to act primarily for another’s benefit in matters connected with such undertaking.” Caudill v. Salyersville Nat’l Bank, No. 2008-CA-017-MR, 2010 WL 45882, 2010 Ky.App. LEXIS 1, at *9 (Ky.Ct.App. Jan. 8, 2010) (quotation marks and citation omitted); see also Gresh, 311 Fed.Appx. at 770-71. A fiduciary' duty requires more than the generalized business obligation of good faith and fair dealing. See In re Sallee, 286 F.3d 878, 891 (6th Cir.2002) (interpreting Kentucky law); see a uciary relationships to exist in a number of contexts, although this determination is fact-specific to the relationship in question. See Henkin, Inc. v. Berea Bank & Trust Co., 566 S.W.2d 420, 423 (Ky.Ct.App.1978) (<HOLDING>); see also Steelvest, Inc. v. Scansteel Serv. Options: A. holding that a special relationship may arise from the factual circumstances of a particular case B. recognizing that the circumstances in which such authority may be exercised are limited and that it must be clear that the evidence sufficiently sustains all the elements of the lesser offense C. holding that when plaintiffs bring a facial challenge to a law it must be established that there are no set of circumstances under which the law would be valid D. holding that where the definition of lottery is expressly limited to 18 usc 1307b the definition cannot be applied to a related civil statute E. holding that because the circumstances which may create a fiduciary relationship are so varied it would be unwise to attempt the formulation of any comprehensive definition that could be uniformly applied in every case

assistant: The best answer is E. holding that because the circumstances which may create a fiduciary relationship are so varied it would be unwise to attempt the formulation of any comprehensive definition that could be uniformly applied in every case
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 obligations under Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this Agreement shall continue in effect after the termination of Executive’s employment, regardless of the reason(s) for termination. Company’s waiver of any provision of the Agreement shall not constitute (a) a continuing waiver of that provision or (b) a waiver of any other provision 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: The provisions of this Agreement are severable and if all or any part of this Agreement or the Plan is declared by any court or governmental authority to be unlawful or invalid, such unlawfulness or invalidity shall not invalidate any portion of this Agreement or the Plan not declared to be unlawful or invalid. Any Section of this Agreement (or part of such a Section) so declared to be unlawful or invalid shall, if possible, be construed in a manner which will give effect to the terms of such Section or part of a Section to the fullest extent possible while remaining lawful and valid.

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: way, the Plaintiffs may rely on materials outside of the pleadings, but the complaint shall be construed in a liberal and broad fashion. This standard is different from a summary judgment standard under Rule 56 of the Federal Rules of Civil Procedure which requires determining whether there are contested issues of fact before ruling on questions of law related to the facts. See Osborn v. United States, 918 F.2d 724, 729 (8th Cir.1990); Crawford v. United States, 796 F.2d 924, 928 (7th Cir.1986) (issues of jurisdiction should be decided first); Williamson v. Tucker, 645 F.2d 404 (5th Cir.) cert. denied, 454 U.S. 897, 102 S.Ct. 396, 70 L,Ed.2d 212 (1981) (district court can decide issues of fact in ruling on a motion filed under 12(b)(1)); Mims v. Kemp, 516 F.2d 21, 23 (4th Cir.1975) (<HOLDING>); but see In re Swine Flu Immunization Products Options: A. holding that by considering matters outside of the pleadings the trial court converted a rule 12b6 motion to dismiss into a summary judgment motion B. holding that only motions filed under 12b6 can be converted to a summary judgment motion C. holding that motions to dismiss should have been converted into motions for summary judgment where the district court relied upon contract documents submitted by the defendant D. holding summary judgment may only be entered for one who has filed a motion asking that relief and only after notice and hearing on that motion E. holding that a rule 12b6 motion is only converted to a motion for summary judgment when a court accepts and considers matters outside of the pleadings

assistant: The best answer is B. holding that only motions filed under 12b6 can be converted to a summary judgment motion
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: (2007) from this constitutional definition. 6 . None of the parties allege that Hoffman’s inaccurate oath was a product of fraud. 7 . Compare this unambiguous language with the broader authority given to the Secretary of State in the context of reviewing referendum petitions, 21-A M.R.S. § 905(1) (2007) which provides in part: "The Secretary of State shall determine the validity of the petition.” 8 . The second sentence of 21-A M.R.S. § 354(9) provides "If a voter or circulator fails to comply with this section in signing or printing the voter’s name and address, that voter’s name may not be counted, but the petition is otherwise valid.” 9 . See also, Citizens Comm, for the D.C. Video Lottery Terminal Initiative v. D.C. Bd. of Elections & Ethics, 860 A.2d 813, 816-17 (D.C.App.2004) (<HOLDING>); Montanans for Justice v. State, 334 Mont. Options: A. holding that an appeal to an agency review board would be futile because the board lacked authority to invalidate ordinance as requested B. holding that taxpayer could not have presented substantive due process claim to the board of assessment review because of the limited jurisdiction of that board C. holding that actions of arbitrators in gathering evidence outside the scheduled hearings and without notice to the parties constituted misconduct sufficient to vacate the award D. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings E. holding board had authority to exclude entire petitions where evidence showed pervasive pattern of fraud forgery and other improprieties permeated the circulation process that a particular group gathering signatures used

assistant: The best answer is E. holding board had authority to exclude entire petitions where evidence showed pervasive pattern of fraud forgery and other improprieties permeated the circulation process that a particular group gathering signatures used
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a dispute between the parties arising under this Agreement, the party prevailing in such dispute shall be entitled to collect such party's costs from the other party, including without limitation court costs and reasonable attorneys' fees, whether such sums are expended with or without suit, at trial or on appeal.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees that he will not, without the prior written consent of the Company disclose to any person, firm or corporation any "Confidential Information," of the Company which is now known to the Executive as a result of the Executive's employment or association with the Company, unless such disclosure is compelled by law or appropriate legal process or is made by Executive through proper initiation of, participation in or cooperation with a government agency’s investigative or enforcement process pursuant to the rights and protection of an applicable whistleblower law or in a related judicial proceeding. The foregoing shall not prohibit or impede the Executive from reporting an act or event, that the Executive in good faith believes is a violation of law, to a relevant law-enforcement agency (such as a federal, state or local law enforcement agency or official), or to a federal, state or local government agency, such as the Securities and Exchange Commission, the Internal Revenue Service, the Equal Employment Opportunity Commission, or the Department of Labor, or from cooperating in an investigation conducted by or communicating with such a government agency, or otherwise making disclosures to such an agency that are protected under federal, state or local whistleblower laws (“Permissible Disclosures”).

assistant: Confidentiality
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: Cir.1993); United States v. Miller, 821 F.2d 546, 548-49 (11th Cir.1987). In determining whether such a non-owner may claim a privacy interest in a car that he is driving, courts consider two factors: whether the driver manifested a subjective expectation of privacy in the area searched; and whether that expectation of privacy is one that society would find objectively reasonable. United States v. Amaral-Estrada, 509 F.3d 820, 826-27 (7th Cir.2007). Courts have repeatedly recognized the right of a driver to assert a Fourth Amendment right to be free from unreasonable searches of a vehicle where the driver is operating that vehicle, with the permission of the owner. Garcia, 897 F.2d at 1418-19; Soto, 988 F.2d at 1553; Miller, 821 F.2d at 548-49; see also Thomas, 447 F.3d at 1197-98 (<HOLDING>). In lawfully possessing and controlling the Options: A. holding that even a driver not listed as an authorized driver for a rental car could nevertheless have an expectation of privacy if given permission to use the car by an authorized driver B. holding that during a routine traffic stop it is reasonable for an officer to search the driver for weapons before placing the driver in a patrol car if placing the driver in the patrol car during the investigation prevents officers or the driver from being subjected to a dangerous condition and placing the driver in the patrol car is the least intrusive means to avoid the dangerous condition C. holding that the driver of a car who had permission to use the car had standing to challenge its search D. holding that the driver of a borrowed car had the requisite legitimate expectation of privacy to support standing for fourth amendment purposes E. holding that the driver of a ear owned by his wife who had given him permission to use it had a legitimate expectation of privacy under the fourth amendment

assistant: The best answer is A. holding that even a driver not listed as an authorized driver for a rental car could nevertheless have an expectation of privacy if given permission to use the car by an authorized driver
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: did have a prepetition legal interest in that case. At the time of bankruptcy, § 172 of the Internal Revenue Code gave the debtor a claim for a tax refund if certain conditions were met. It was the combination of the law and the conditions made legally relevant by the law that conferred on the debtor a prepetition legal interest: the claim for a refund. In that way, the Segal debtors’ claim for a refund is similar to the prepetition accrual of a cause of action that results in a post-petition judgment in the debtor’s favor. In such eases, the debtor’s cause of action is a prepetition legal interest — ■§ 541(a)(1) property- — -that brings the postpetition judgment into the estate as proceeds under § 541(a)(6). See, e.g., Wieburg v. GTE Southwest Inc., 272 F.3d 302, 306 (5th Cir.2001) (<HOLDING>). Here, by contrast, Burgess suffered the crop Options: A. holding that claims harming the debtor corporation that arose from prepetition conduct become property of the estate under 11 usc 541a1 B. holding that causes of action for age and sex discrimination that arose prepetition were property of the bankruptcy estate C. holding that to make out the fourth element of a prima facie case of sex discrimination plaintiff must prove that males remained in similar positions and similarly for age discrimination that she was otherwise discharged because of her age D. holding lost future wages recovered pursuant to a prepetition cause of action are property of the estate E. holding age discrimination claim barred

assistant: The best answer is B. holding that causes of action for age and sex discrimination that arose prepetition were property of the bankruptcy estate
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: began, and also a letter from the SRP confirming Yann’s status as an active party member living at a Cambodian address. The SRP letter was dated October 25, 2004, two and a half years after Yann moved to the United States. Yann also submitted a letter from a Cambodian friend, who wrote police officers had come to his house looking for Yann. The IJ did not find the documents Yann submitted to be adequate corroboration. Having found Yann’s testimony of past persecution not credible, the IJ reasonably determined Yann failed to establish a clear probability of future persecution. The IJ expressly denied all forms of relief based on the general conclusion that Yann’s testimony was not credible and his story was unbelievable. See, e.g., Fofanah v. Gonzales, 447 F.3d 1037, 1040 (8th Cir.2006) (<HOLDING>). The BIA affirmed without opinion. II Options: A. holding that petitioners failure to exhaust the adverse credibility finding precluded this court from having jurisdiction to consider her claims of asylum withholding of removal and cat B. holding where withholding of removal and cat claims were based on the same discredited testimony the bia properly concluded the adverse credibility finding was fatal to all claims C. holding that the agency may not deny a cat claim solely on the basis of adverse credibility finding made in the asylum context where the cat claim did not turn upon credibility D. holding that when the asylum withholding of removal and cat claims are based on the same factual predicate a credibility ruling necessarily forecloses relief in each E. holding that the agency may not deny a cat claim solely on the basis of an adverse credibility finding made in the asylum context where the cat claim did not turn upon credibility

assistant: The best answer is B. holding where withholding of removal and cat claims were based on the same discredited testimony the bia properly concluded the adverse credibility finding was fatal to all claims
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: appellant’s view that the factual determinations should be separately evaluated. For example, the trial court noted that “menu boards informed customers that the ‘environmental compliance fee [was] added for the handling of hazardous products used,’ and thus, informed customers that the fee was not a tax.” While this finding illustrates how customers were informed that the fee was not a tax, it also illustrates how the fee was misrepresented to customers as an added charge specifically for the handling of hazardous products used. This finding is the essence of the second claim by appellant — that it was misrepresented as costs of handling, but in fact was an additional price that was kept as additional profits. See Latman v. Costa Cruise Lines, N.V., 758 So.2d 699 (Fla. 3d DCA 2000) (<HOLDING>). The trial court also found that additional Options: A. holding that statutory damages were appropriate for each discrete violation of that states deceptive trade practices act B. holding consumer claims under the texas deceptive trade practices act nonassignable C. holding that billings by the cruise line for port charges that were misrepresented as passthrough expenses but kept as additional profits is a deceptive practice under the florida deceptive and unfair trade practices act D. holding that recovery under the north carolina unfair and deceptive trade practices act is limited to those situations when a plaintiff can show that plaintiff detrimentally relied upon a statement or misrepresentation and he or she suffered actual injury as a proximate result of defendants deceptive statement or misrepresentation E. holding that the delayed discovery doctrine is not applicable to actions for tortious interference with business relationships defamation or unfair and deceptive trade practices

assistant: The best answer is C. holding that billings by the cruise line for port charges that were misrepresented as passthrough expenses but kept as additional profits is a deceptive practice under the florida deceptive and unfair trade practices act
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: All representations set forth in Section 3 shall be true and correct as of the Effective Date, except for such representations and warranties that speak of an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and its Subsidiaries have filed all federal, state, provincial, and all material local tax returns and reports required by law to be filed in respect of the income, business, properties, and employees of the Borrower and its Subsidiaries, and have paid all Taxes, assessments, fees and other charges levied or imposed by any Governmental Authority upon them or their properties, income or assets otherwise due and payable, except those which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP. There is no proposed Tax assessment against the Borrower or its Subsidiaries that is not being challenged by appropriate proceedings with adequate reserves made therefor that would, if made, have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to consider the defaulted claims. See Henderson, 730 F.3d at 560; Maples v. Stegall, 340 F.3d 433, 439 (6th Cir.2003). Our recent decision in Henderson considered very similar facts to those in this case: the petitioner, a prisoner in Michigan, without pointing to any specific inaction by prison officials, simply alleged that he gave his filing to prison officials five days before the filing deadline, and it arrived one day late. 730 F.3d at 560. We concluded that he demonstrated cause for the default, holding that “when a prisoner submits a petition to the prison mailroom five days prior to a filing deadline and it is not delivered there is cause to excuse the procedural default.” Id. (internal quotation marks omitted); see also Ivy v. Caspari, 173 F.3d 1136, 1141 (8th Cir.1999) (<HOLDING>). As Henderson demonstrates, government Options: A. holding that a timely motion for reconsideration tolls the statute of limitations even if the motion is procedurally invalid B. holding that in the case of state procedural default a federal habeas review of the claims is barred unless the prisoner can demonstrate among other things that failure to consider the claims will result in a fundamental miscarriage of justice C. holding that the standard for a motion for judgment on the pleadings is the same as the standard for a motion to dismiss D. holding that because the finality of judgment is effectively postponed by the timely filing of a motion under rule 59 the deadline for filing a motion for attorneys fees is tolled until the postjudgment motion is resolved E. holding that a prisoner need not demonstrate that the nondelivery of a motion was the states fault because it is the fact of nondelivery of a prisoners timely and properly mailed motion not the reason for that nondelivery that constitutes cause for the procedural default

assistant: The best answer is E. holding that a prisoner need not demonstrate that the nondelivery of a motion was the states fault because it is the fact of nondelivery of a prisoners timely and properly mailed motion not the reason for that nondelivery that constitutes cause for the procedural default
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, duties and obligations of the Company hereunder may not be assigned or delegated by the Company in whole or in part. This Agreement and the rights, duties and obligations of the holders of Registrable Securities hereunder may be freely assigned or delegated by such holder of Registrable Securities in conjunction with and to the extent of any transfer of Registrable Securities by any such holder. This Agreement and the provisions hereof shall be binding upon and shall inure to the benefit of each of the parties, to the permitted assigns of the Stockholders or holder of Registrable Securities or of any assignee of the Stockholders or holder of Registrable Securities. This Agreement is not intended to confer any rights or benefits on any persons that are not party hereto other than as expressly set forth in Article 4 and this Section 6.2.

assistant: Assignments