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: QC Holdings has provided to the CFC Parties a true and complete list of all insurance policies to which QFOC is a party, named insured or otherwise the beneficiary of coverage. With respect to each such policy, to the knowledge of QC Holdings: (i) the policy is valid and enforceable and in full force and effect immediately prior to the Closing; (ii) all premiums due have been paid; and (iii) no party to the policy has repudiated in writing any provision thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Anything to the contrary notwithstanding, all payments required to be made by the Company hereunder to the Executive or the Executive’s estate or beneficiaries shall be subject to the withholding of such amounts, if any, relating to tax and other payroll deductions as the Company may reasonably determine it should withhold pursuant to any applicable law or regulation. In lieu of withholding such amounts, the Company may accept other arrangements pursuant to which it is satisfied that such tax and other payroll obligations will be satisfied in a manner complying with applicable law or regulation.

assistant: Withholdings
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 case any provisions (or portions thereof) contained in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.

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: to alter its decision denying the petition for rehearing or substituting the opinion. This Court granted Shirley’s petition for a writ of certiorari to review the decision of the Court of Appeals. II. Standard of Review Declaratory judgments are neither legal nor equitable. Felts v. Richland Cnty., 303 S.C. 354, 400 S.E.2d 781 (1991); Wiedemann v. Town of Hilton Head Island, 344 S.C. 233, 542 S.E.2d 752 (Ct.App.2001). The standard of review for a declaratory judgment action is, therefore, determined by the nature of the underlying issue. Doe v. S.C. Med. Malpractice Liab. Joint Underwriting Ass’n, 347 S.C. 642, 557 S.E.2d 670 (2001); Wiedemann, 344 S.C. at 236, 542 S.E.2d at 753; see Travelers Indem. Co. v. Auto World of Orangeburg, Inc., 334 S.C. 137, 511 S.E.2d 692 (Ct.App.1999) (<HOLDING>). The determination of the existence of an Options: A. recognizing that a suit for declaratory judgment is neither legal nor equitable but is determined by the nature of underlying issue B. recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction C. holding that the nature of the taxpayers legal interest in the subject property is determined by reference to state law D. holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action E. holding that neither injunctive nor declaratory relief is available to private litigants under the fdcpa

assistant: The best answer is A. recognizing that a suit for declaratory judgment is neither legal nor equitable but is determined by the nature of underlying issue
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 “an otherwise qualified individual with a disability” constitutes discrimination. 42 U.S.C. § 12112(b)(5)(A). And, on its face, the ADA’s definition of “qualified individual with a disability” does not differentiate between the three alternative prongs of the “disability” definition. 42 U.S.C. §§ 12102(2), 12111(8). The absence of a stated distinction, however, is not tantamount to an explicit instruction by Congress that “regarded as” individuals are entitled to reasonable accommodations. Moreover, because a formalistic reading of the ADA in this context has been considered by some courts to lead to bizarre results, Weber, 186 F.3d at 917, we must look beyond the literal language of the ADA. See Royal Foods Co., Inc. v. RJR Holdings, Inc., 252 F.3d 1102, 1108 (9th Cir.2001) (<HOLDING>). In Weber, the Eighth Circuit explained: The Options: A. holding that a court can look beyond the statutory language when plain meaning would compel an odd result B. holding that courts adopt statutes interpretation that is supported by statutes plain language if statute is unambiguous unless such interpretation would lead to absurd results C. holding that we may look beyond text of statute or rule where plain language is unambiguous but would lead to an absurd result that drafters cannot have intended D. recognizing a court must look beyond the plain language of a statute when the literal interpretation would lead to an absurd result E. holding that a literal interpretation should not be adhered to when it would lead to absurd results

assistant: The best answer is D. recognizing a court must look beyond the plain language of a statute when the literal interpretation would lead to an absurd result
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: duties”); cf. Chute v. Derwinski, 1 Vet.App. 352, 353 (1991) (per curiam order) (presumption of regularity rebutted where veteran claimed not to have received BVA decision and provided evidence of having made inquiries to VA after decision was mailed, and VA provided no evidence of having mailed decision). That presumption applies equally to VA’s mailing of RO decisions. See Mason (Sangernetta) v. Brown, 8 Vet.App. 44, 53-55 (1995); Mindenhall v. Brown, 7 Vet.App. 271, 274 (1994). Thus, the presumption applies in this case to the mailing of notice of the September 1990 RO decision to the veteran at his last known address of record (there is no indication in the record on appeal that the veteran had a representative at that time). Cf. Thompson v. Brown, 8 Vet.App. 169, 179 (1995) (<HOLDING>), reconsidered and reajfd, 9 Vet-App. 173 Options: A. holding that after presumption of regularity of mailing was rebutted secretary did not meet his burden of establishing that bva decision was mailed to veteran as required by section 7104e B. holding that bvas use of incorrect address in mailing bva decision to appellant constituted clear evidence rebutting presumption of regularity inasmuch as it showed that mailing appeared to be irregular f quoting ashley ii 2 vetapp at 309 C. holding that absent evidence that claimant took affirmative steps after filing va form 19 substantive appeal to bva to change address he provided on it bva was entitled to rely on that address as being his last known address under 38 usc 7104e and to use it for purposes of mailing copy of its decision D. holding that rule 415f worked to cure deficiencies in service of process in action to enforce a judgment lien on real estate where service was provided at debtors last residential address known to lienholder because address was used during underlying lawsuit lienholders attorney checked county record to verify address information debtor did receive summons and residential address was on the former situs of debtors business E. holding that because veteran had never before submitted due process issue to bva he had not exhausted his administrative remedies and court declined to address merits of that claim

assistant: The best answer is C. holding that absent evidence that claimant took affirmative steps after filing va form 19 substantive appeal to bva to change address he provided on it bva was entitled to rely on that address as being his last known address under 38 usc 7104e and to use it for purposes of mailing copy of its decision
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: excuse, or explain defendant’s subsequent conduct that resulted in Sergeant Johnson’s death. The court’s rejection of the police stop as a mitigating factor, or as some type of threat or duress ameliorating defendant’s actions, was well within its broad sentencing discretion, and therefore can not be disturbed on appeal. Ingerson, 2004 VT 36, ¶ 10. Indeed, even if we disagreed with the trial court’s finding in this regard — which we do not • — ■ it would not warrant a reversal of the sentence. See State v. Simoneau, 2003 VT 83, ¶ 21, 176 Vt. 15, 833 A.2d 1280 (noting general rule that we will not disturb discretionary rulings of trial court that have a reasonable basis even if this or another court would have reached a different conclusion); White, 172 Vt. at 502, 782 A.2d at 1193-94 (<HOLDING>). Accordingly, we discern no basis to disturb Options: A. holding that the trial court did not abuse its discretion when it gave aggravating factors considerable weight B. holding that in order to sustain death sentence as a matter of fundamental fairness the jury must find that the aggravating factors outweigh the mitigating factors and this balance must be found beyond a reasonable doubt C. holding that trial court retains wide discretion to apply or reject mitigating and aggravating factors as well as to interpret meaning of individual factors and its determination must be upheld absent abuse of discretion D. holding that a trial courts weighing of mitigating and aggravating factors will not be disturbed absent a showing that the trial court abused its discretion E. holding that the relative weight or value assignable to aggravating and mitigating factors properly found is not subject to review for abuse of discretion

assistant: The best answer is C. holding that trial court retains wide discretion to apply or reject mitigating and aggravating factors as well as to interpret meaning of individual factors and its determination must be upheld absent abuse of discretion
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 Option Award Agreement, the Plan and Letter Agreement contain the entire agreement and understanding among the parties as to the subject matter hereof, and supersede any other agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof.

assistant: Entire Agreements
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 Indemnifying Party shall pay all amounts payable pursuant to this Article VI , by wire transfer of immediately available funds, promptly following receipt from an Indemnitee of a bill, together with all accompanying reasonably detailed back-up documentation, for a Loss that is the subject of indemnification under this Agreement, unless the Indemnifying Party in good faith disputes the Loss, in which event it shall so notify the Indemnitee. In any event, the Indemnifying Party shall pay to the Indemnitee, by wire transfer of immediately available funds, the amount of any Loss for which the Indemnifying Party is liable under this Agreement no later than three (3) Business Days or any longer period of time mutually agreed to by the relevant Parties in writing following any Final Determination of any dispute with respect to such Loss finding the Indemnifying Party’s liability therefor. All payments made pursuant to this Article VI shall be made in U.S. dollars.

assistant: Payments
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 Defendant did not contain a fixed term of employment. (Cromer Dep. of Feb. 22, 1994, pp. 14-16). Therefore, the contract could legally be terminated at any time by Defendant. Still, 279 N.C. at 259, 182 S.E.2d at 406. Plaintiff also bases her breach of contract cause of action upon unspecified language contained in Defendant’s employment handbook, which Plaintiff received at the commencement of her employment. The law of North Carolina is clear that “unilaterally promulgated employment manuals or policies do not become part of the employment con tract unless expressly included in it.” Walker v. Westinghouse Elec. Corp., 77 N.C.App. 253, 259, 335 S.E.2d 79, 83-84 (1985) (citations omitted). See also Roberts v. Wake Forest Univ., 55 N.C.App. 430, 436, 286 S.E.2d 120, 124 (1982) (<HOLDING>). Accordingly, Defendant is entitled to summary Options: A. holding enforceable employee manual that was distributed to all employees B. holding county employee with unenforceable contract was atwill employee C. holding that under arkansas law employment is atwill unless personnel manual or employment agreement contains express provision that employee shall not be discharged except for cause D. holding that there was no employment contract where personnel manual provided that after three months an employee became a permanent employee where there was no additional expression as to duration E. holding that whether a personnel policy manual modifies an employment contract is a question of fact

assistant: The best answer is D. holding that there was no employment contract where personnel manual provided that after three months an employee became a permanent employee where there was no additional expression as to duration
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: rights to be free from discriminatory state action by acting with a discriminatory intent to prevent plaintiffs from purchasing property located in the village. Compl. ¶¶ 32-33. Absolute and Qualified Immunity Before delving into the merits of plaintiffs’ § 1983 claims, we consider defendants’ claims to immunity from suit. The defendants claim that West and the trustees are absolutely immune from damage suits under § 1983 because they were aeting in their legislative capacities when they acted to approve an offer by the village to purchase the Lansing Bible Church property. Thus, the individual defendants claim to enjoy absolute legislative immunity under Lake Country Estates, Inc. v. Tahoe Regional Planning Agency, 440 U.S. 391, 402-06, 99 S.Ct. 1171, 1177-80, 59 L.Ed.2d 401 (1979) (<HOLDING>) and Tenney v. Brandhove, 341 U.S. 367, 376, 71 Options: A. holding that city council is entitled to absolute legislative immunity from claim under the age discrimination in employment act B. holding selsky entitled to absolute immunity C. holding that individuals acting in a legislative capacity at a regional level are entitled to absolute immunity D. holding that the burden is on the defendants to establish the existence of absolute legislative immunity E. holding that borough attorney who was acting in direct assistance of legislative activity was entitled to absolute immunity

assistant: The best answer is C. holding that individuals acting in a legislative capacity at a regional level are entitled to absolute immunity
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: criminal activity; and (4) unprovoked flight. State v. Roberts, 142 N.C. App. 424, 429, 542 S.E.2d 703, 707 (2001); State v. Parker, 137 N.C. App. 590, 600-02, 530 S.E.2d 297, 304 (2000). “None of these factors, standing alone, [is] sufficient to justify a finding of reasonable suspicion, but must be considered in context.” Roberts, 142 N.C. App. at 429, 542 S.E.2d at 707-08; see also State v. Crenshaw, 144 N.C. App. 574, 577, 551 S.E.2d 147, 150 (2001) (noting that, “ ‘individually, any of the factors cited in [articulating reasonable suspicion] might not justify a search, but one cannot piecemeal this analysis. One piece of sand may not make a beach, but courts will not be made to look at each grain in isolation and conclude there is no seashore.’ ”) (quotin 410, 412-13 (1982) (<HOLDING>) affirmed per curiam, 307 N.C. 460, 298 S.E.2d Options: A. holding that officer had reasonable suspicion to stop a vehicle when confidential informant personally observed the vehicle provided a description of the vehicle and its direction detailed the basis for her suspicion that the vehicle was engaged in illegal activity and had previously given reliable information that led to the successful apprehension of individuals engaged in various criminal activity B. holding that the stop of defendants vehicle was unlawful where officers stopped the vehicle to check the license and registration but had observed no suspicious activity C. holding that reasonable suspicion existed for an investigatory stop of a vehicle the defendant was driving slowly in the early morning hours down a deadend street where businesses had previously been robbed where the defendant was dressed shabbily but the vehicle was real nice and where the defendant appeared to avoid the officers gaze in passing D. holding reasonable and articulable suspicion existed to support the investigatory stop of a vehicle in view of the time of day and the officers prior knowledge of reports of criminal activity in the area E. holding a stop was effected where officers vehicle blocked defendants vehicle from proceeding

assistant: The best answer is C. holding that reasonable suspicion existed for an investigatory stop of a vehicle the defendant was driving slowly in the early morning hours down a deadend street where businesses had previously been robbed where the defendant was dressed shabbily but the vehicle was real nice and where the defendant appeared to avoid the officers gaze in passing
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 of the Trade Date, the Initial Share Delivery Date, the Prepayment Date and the Settlement Date, (a) the aggregate fair market value of Counterparty’s assets will exceed its liabilities (including contingent, subordinated, unmatured and unliquidated liabilities), (b) it has not engaged in and will not engage in any business or transaction after which the property remaining with it will be unreasonably small in relation to its business, (c) it has not incurred and does not intend to incur debts beyond its ability to pay as they mature, and (d) as a result of entering into and performing its obligations under the Transaction, (x) it has not violated and will not violate any relevant state law provision applicable to the acquisition or redemption by an issuer of its own securities and (y) it would not be nor would it be rendered “insolvent” (as such term is defined under Section 101(32) of the U.S. Bankruptcy Code (Title 11 of the United States Code) (the “ Bankruptcy Code ”)).

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

user: In addition, except as permitted herein, Recipient shall not disclose the fact that the parties are exchanging Confidential Information and having discussions. In connection therewith, it is agreed that no public release or disclosure of any contemplated transaction shall be made except by a mutually agreed disclosure except that each party may make such disclosure if advised by its outside securities counsel in writing that such disclosure is required; PROVIDED, HOWEVER, that in such event such party will notify the other party that it intends, as a preliminary matter, to take such action and the outside securities counsel of such party shall first discuss the mater with the outside securities counsel of the other party before any definitive decision is made on the disclosure.

assistant: No
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 has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights as described in the Public Reports as necessary or required for use in connection with their respective businesses and which the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and the Company has not received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. The Company has not received, since the date of the latest audited financial statements included within the Public Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company has taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Intellectual Property
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: if applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you , the above exclusions will apply to you only to the extent permitted by applicable law .

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: on Dr. Cooper’s part whether or not to have the procedure, but then she decided to have the procedure.”). Finally, Appellees contend that Appellants’ challenge to the propriety of the verdict slip inquiry, asking whether Dr. Nemser-Rudo committed a battery on Dr. Cooper, is not encompassed within this Court’s limited grant of allocatur. In any event, they contend that for the reasons set forth above, the verdict slip inquiry was consistent with the governing law. In resolving this appeal, we shall first discuss the relevant law on lack of consent, and then examine the charge given to the jury to determine whether it was consistent therewith. Over seventy years ago, this Court held that, absent an emergency, a physician must obtain consent to perform surgery. See Dicenzo, 16 A.2d at 16 (<HOLDING>) (quoting Moscicki v. Shor, 107 Pa.Super. 192, Options: A. holding that where a patient is in possession of his faculties and in such physical health as to be able to consult about his condition and where no emergency exists making it impracticable to confer with him his consent is a prerequisite to a surgical operation by his physician B. holding that a witness may testify about his subjective interpretation of a conversation in which he is participating as long as his opinion is rationally based on his perception and is helpful either to an understanding of his testimony or to the determination of a fact in issue C. holding that a patient who endures an operation without his consent may base his action on a tortious battery D. holding that if evidence exists that appellant could not use his faculties on the occasion in question in the manner in which the normal nonintoxicated person would be able to use his faculties the evidence is sufficient to convict E. holding plaintiff had sufficiently stated such a claim of deliberate indifference to his medical needs with regard to his hepatitis c condition his pancreatic condition and the gout in his hand

assistant: The best answer is A. holding that where a patient is in possession of his faculties and in such physical health as to be able to consult about his condition and where no emergency exists making it impracticable to confer with him his consent is a prerequisite to a surgical operation by his physician
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: deemed harmless under any standard — and certainly it was not harmless under the constitutional error standard. That the state could have but failed to adopt a Luce-type rule is plainly irrelevant. Galindo’s conviction of murder should not stand. Accordingly, I dissent. 1 . Indeed, Luce itself explicitly distinguished otherwise controlling cases on the basis of the difference between state and federal defendants. See Luce, 469 U.S. at 42-43, 105 S.Ct. at 463-64 (distinguishing Brooks v. Tennessee, 406 U.S. 605, 92 S.Ct. 1891, 32 L.Ed.2d 358 (1972), and New Jersey v, Portash, 440 U.S. 450, 99 S.Ct. 1292, 59 L.Ed.2d 501 (1979)). 2 . We have expressed a similar view. See United States v. Givens, 767 F.2d 574, 578 (9th Cir.), cert, denied, 474 U.S. 953, 106 S.Ct. 321, 88 L.Ed.2d 304 (1985) (<HOLDING>). 3 . The state does not challenge Galindo’s Options: A. holding that statute would be applied retroactively when to do so would better effect the remedial intentions of the legislature in enacting it B. holding miranda decision does not apply retroactively C. holding amended rule applies retroactively unless it would work injustice D. holding that apprendi does not apply retroactively E. holding that it would be grossly unfair and would wreak a substantial inequity to apply luce retroactively

assistant: The best answer is E. holding that it would be grossly unfair and would wreak a substantial inequity to apply luce retroactively
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: family, and even then their primary message should be focused on the Assembly’s continued commitment to the museum, not to any statements related to Cafesjian. The Assembly’s recognition that “news will travel” is not proof that the Assembly or Hovnanian actually published the statements to any persons who lack a common interest in the litigation. Even if disclosure of the letter’s contents to inquiring family members and friends constitutes excessive publication, the memorandum itself does not show that anyone from the Assembly actually passed along the statements to anyone. Defendants have failed to show that any non-Assembly members ever learned of the allegedly defamatory statements, and even that alone is insufficient evidence of excessive publication. See Mastro, 447 F.3d at 859 (<HOLDING>). Thus, Defendants have failed to present Options: A. holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review B. holding that the nonmovant failed to raise a fact issue on mitigation by not raising a fact issue as to the amount of damages that could have been avoided had the movantproperly mitigated his damages C. holding that defendant failed to raise a constitutional issue at trial and thus waived appellate review of that issue D. holding that evidence of excessive publication failed to raise triable issue of fact where third parties who allegedly heard privileged information had not given testimony regarding the source of their knowledge E. holding that there was no good cause to raise an untimely suppression issue where the defendant could have with due diligence discovered the information necessary to timely raise the issue

assistant: The best answer is D. holding that evidence of excessive publication failed to raise triable issue of fact where third parties who allegedly heard privileged information had not given testimony regarding the source of their knowledge
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 is a corporation duly organized, validly existing and in good standing as a British Virgin Islands business company and is qualified to do business in every jurisdiction in which the failure to so qualify would reasonably be expected to have a material adverse effect on the financial condition, operating results or assets of the Company. The Company possesses all requisite corporate power and authority necessary to carry out the transactions contemplated by this Agreement and the Warrant Agreement.

assistant: Organizations
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: or an attorney. It also does not require that an arrestee be informed of any right to counsel. Id. Section 804.20 is to be applied in a pragmatic manner, balancing the rights of the arrestee and the goals of the chemical-testing statutes. See, e.g., id. (balancing arrestee’s right to counsel “against the practical consideration that [under section 321J.6] a chemical test is to be administered within two hours of the time of arrest or not at all”); accord State v. Bowers, 661 N.W.2d 536, 542 (Iowa 2003) (stating that an arrestee’s right to contact a family member under section 804.20 is “considerably diluted” when the requested family member is also in custody for criminal conduct carried on jointly with the arres-tee); Bromeland v. Iowa Dep’t of Transp., 562 N.W.2d 624, 626 (Iowa 1997) (<HOLDING>). In this case, Tubbs was denied the Options: A. holding that a suspended attorney should not be permitted to have contact with clients B. holding attorney general could not contract on behalf of the state to employ an assistant attorney beyond the attorney generals own term C. holding that an order imposing sanctions against an attorney for one of the parties in a pending case is final and therefore immediately appealable by the attorney D. holding there is no constitutional right to an attorney much less an effective attorney in state postconviction proceedings E. holding an arrestee has the right to contact an attorney but not a specific attorney who is unavailable when called

assistant: The best answer is E. holding an arrestee has the right to contact an attorney but not a specific attorney who is unavailable when called
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: Schedule 3.20 sets forth a true, complete and correct description, in all material respects, of all material insurance (excluding any title insurance) maintained by or on behalf of the Parent or the Subsidiaries as of the Closing Date. As of such date, such insurance is in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. The district court relied on the testimony of the president of La Gard on cross-examination that the lever in the X-07 lock is retained in contact with the slide: Q. With respect to the movable link member of Claim 34, is it correct that in the portion of the X-07 lock that you have identified with the movable link element of Claim 34, no part of the stud which projects from the rear face of the lever is releasable from the channel in the slide and no part of the lever is released by the slide or slide member movement after entry of the combination? A. Yes. Transcript of Trial, at 127-28 (Feb. 7, 1997). We do not find reliance by the district court on this testimony to be reversible error. See Glaxo, Inc. v. Novopharm, Ltd., 110 F.3d 1562, 1567, 42 USPQ2d 1257, 1261 (Fed.Cir.1997) (<HOLDING>). Hence we hold that it was not clear error for Options: A. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record B. holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible C. holding that criminal defendants are entitled to obtain for impeachment purposes statements made by government witnesses to government agents that relate to the subject matter of the witnesses direct testimony D. holding that the number of witnesses immunized by the government without more would not support a finding of discriminatory use E. holding that statements made by witnesses found credible by the district court provide ample support for the courts factual finding that glaxo failed to prove infringement

assistant: The best answer is E. holding that statements made by witnesses found credible by the district court provide ample support for the courts factual finding that glaxo failed to prove infringement
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: V. Conclusion We reverse the trial court’s judgment denying the City’s plea to the jurisdiction and the Aldermen and Mayor’s motion for summary judgment as to Elizabeth’s whis-tleblower claims. We render judgment that the City, Aldermen, and Mayor are immune from suit on Elizabeth’s whistle-blower claims. We affirm the remainder of the trial court’s judgment. 1 . Tex. Gov't Code Ann. §§ 554.001-.010 (Vernon 1994 & Supp.2001). 2 . City of Houston v. Kilburn, 849 S.W.2d 810, 812 n. 1 (Tex.1993); see also City of Lancaster v. Chambers, 883 S.W.2d 650, 653-54 (Tex.1994); Putthoff v. Ancrum, 934 S.W.2d 164, 168 (Tex.App.—Fort Worth 1996, writ denied). 3 . City of Beverly Hills v. Guevara, 904 S.W.2d 655, 656 (Tex.1995); Putthoff, 934 S.W.2d at 174 n. 2. Compare Kilburn, 849 S.W.2d at 812 (<HOLDING>). 4 . Will v. Mich. Dep’t of State Police, 491 Options: A. holding that city could not appeal based on sovereign rather than official immunity under section 510145 B. holding that the sovereign immunity defense may be raised for the first time on appeal C. holding that dismissal pursuant to a plea to the jurisdiction based on sovereign immunity is with prejudice D. holding that because a city inspector was not entitled to official immunity the city was not entitled to vicarious official immunity E. holding that plaintiffs claim was not barred by sovereign immunity because he sought specific relief against a government official

assistant: The best answer is A. holding that city could not appeal based on sovereign rather than official immunity under section 510145
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 adverse credibility determination because it relates to “an example of the very persecution from which [Kola] sought asylum.” Xian Tuan Ye v. Dep’t of Homeland Sec., 446 F.3d 289, 295 (2d Cir. 2006) (internal quotation marks omitted); see also Xiu Xia Lin, 534 F.3d at 166 n. 3 (“An inconsistency and an omission are ... functionally equivalent”). While the IJ was mistaken in finding that Kola had backtracked from this testimony (the IJ relied on testimony regarding the previous day’s activities), this limited error does not require a remand: the other findings, particularly the inconsistencies regarding the beating and medical care, make clear that the result would not have changed absent the error. See Cao He Lin v. U.S. Dep’t of Justice, 428 F.3d 391, 401-02 (2d Cir. 2005) (<HOLDING>). As the IJ found, Kola’s lack of corroborating Options: A. holding that in the absence of demonstrated prejudice remand is unnecessary B. holding that remand is unnecessary when it is clear that the same decision would have been reached in the absence of the errors C. holding remand not required where there is no realistic possibility that absent the errors the ij or bia would have reached a different conclusion D. holding remand unnecessary where outcome is clear as a matter of law E. holding when it is not clear that the sentencing judge would have imposed the same sentence if a lower sentencing range would have been available remand is required

assistant: The best answer is B. holding that remand is unnecessary when it is clear that the same decision would have been reached in the absence of the errors
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 a condition to the payment of any severance benefit hereunder, including the Severance Benefits, Employer, in its sole discretion, may require Employee (or Employee’s executor, legal guardian, or other legal representative in the case of the Employee’s death or Permanent Disability) to first execute and not revoke a waiver and release of all claims against Employer and the Related Entities in a form reasonably acceptable to Employer within 21 days following the Termination Date.

assistant: Releases
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: case at hand, and is written to Chief Caldwell regarding numerous issues with the case. Rule 5(a)(2) SCRCrimP, exempts from discovery work product, or “internal prosecution documents made by the attorney for the prosecution or other prosecution agents in connection with the investigation or prosecution of the case____” In essence, Rule 5 SCRCrimP exempts “internal prosecution documents made in connection with an investigation.” State v. Hughes, 336 S.C. 585, 521 S.E.2d 500 (1999). The July letter clearly falls into the exemption under Rule 5. The letter was written to the North Charleston Chief of Police regarding the prosecution of the case. Thus, the July letter was an internal prosecution document and not subject to discovery. See State v. Gill, 319 S.C. 283, 460 S.E.2d 412 (1995)(<HOLDING>), vacated on other grounds, State v. Gill, 327 Options: A. holding that police officers have a duty to conduct an investigation into the basis of the witness report B. holding that accident report provided by railroad company employee did not qualify as business record where essentially prepared for use in litigating not in railroading C. holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness D. holding that a summary report prepared by police officers for the solicitors use in prosecuting the case was not subject to discovery E. holding that the existence and content of a police report are not properly the subject of judicial notice

assistant: The best answer is D. holding that a summary report prepared by police officers for the solicitors use in prosecuting the case was not subject to discovery
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: in all circumstances , you understand and acknowledge that your rights with respect to digital goods are limited by these terms , copyright law , and the usage rules located at http://go.microsoft.com/fwlink/p/?linkid=723143 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party, at its own expense, shall maintain product liability and other appropriate insurance in an amount consistent with sound business practice, customary in the pharmaceutical industry generally for parties similarly situated and reasonable in light of the Party’s obligations under this Supply Agreement. Each Party shall, upon request of the other Party, provide a copy of the foregoing insurance policies, along with any amendments and revisions thereto. OPIANT shall be named as an additional insured on any such policies maintained hereunder by AEGIS, and AEGIS shall be named as an additional insured on any such policies maintained hereunder by OPIANT. If there are any additional costs for adding a Party as an additional insured, the added Party shall pay such additional costs.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company creditors’ rights and involving a claim under this Note, then the Company shall pay the costs incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees and disbursements. The Company expressly acknowledges and agrees that no amounts due under this Note shall be affected, or limited, by the fact that the purchase price paid for this Note was less than the original Principal amount hereof. The Trustee shall have no duty under the Notes to confirm or verify or monitor the Company’s compliance with the terms or its obligations under the Notes.

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: Each Issuing Bank agrees that it shall not permit any issuance, amendment or extension of a Letter of Credit to occur unless it shall have given to the Administrative Agent written notice thereof required under paragraph (m) of this Section.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement that would require that they survive the Closing of this Agreement in order to give them full force and effect will survive the Closing, including, without limitation, Sections 1(e) , 2 , 3 , 5 , 8 and 10 . Likewise, the provisions of this Agreement which would require that they survive the termination of this Agreement in order to give them full force and effect will survive the termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent any provision of this Agreement or portion thereof shall be invalid or unenforceable, it shall be considered deleted therefrom (but only for so long as such provision or portion thereof shall be invalid or unenforceable) and the remainder of such provision and of this Agreement shall be unaffected and shall continue in full force and effect to the fullest extent permitted by law if enforcement would not frustrate the overall intent of the Parties (as such intent is manifested by all provisions of the Agreement including such invalid, void, or otherwise unenforceable portion).

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: Comply, and cause each of its Subsidiaries to comply, in all material respects, with all applicable laws, rules, regulations and orders, such compliance to include, without limitation, compliance with ERISA and Environmental Laws, and maintain in effect policies and procedures reasonably designed to promote compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

assistant: Compliance With 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: Notices hereunder shall be given to the Debtor, the Agent and each Secured Party in the manner set forth in the Purchase Agreement of even date herewith between the Debtor and each of the Secured Parties and at the addresses set forth therein and, as applicable, to each of the Prior Noteholders pursuant to their addresses as provided to the Debtor.

assistant: Notices