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: Collins’s injuries that have not been determined either through prior litigation or through a stipulation. Although the rental exclusion may ultimately be determined to be applicable, its applicability cannot be determined without factual inquiry by the court. Such an inquiry into the relationship between Collins and Garcia in this proceeding would draw the insured into litigation of at least some aspects of the injured party’s claim in order to obtain a defense. This is precisely the result we sought to avoid in Dingwell. [¶ 10] Finally, Patrons urges us to consider the hardship to the insurer caused by the withholding of judicial consideration at this point. Patrons contends that requiri 1100 (Me.1990) (same); but cf. Horace Mann Ins. Co. v. Maine Teachers Ass’n, 449 A.2d at 360-61 (<HOLDING>). 6 . Garcia suggests, but cannot at this point Options: A. holding that an adjudication on summary judgment is an adjudication on the merits B. holding that as a general rule an issue raised initially in a reply brief will not be considered on appeal C. holding that facts established in underlying administrative adjudication could not be considered in determining whether there was initially a duty to defend D. holding that in determining whether a state officer is entitled to qualified immunity for 1983 purposes courts may not consider whether the constitutional right was clearly established before determining first that a constitutional right was violated E. holding that the court cannot examine the underlying merits of the claims in determining whether to certify a class

assistant: The best answer is C. holding that facts established in underlying administrative adjudication could not be considered in determining whether there was initially a duty to defend
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to this electronic means of communication and you acknowledge that all contracts , notices , information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing .

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: The initial term (the "Initial Term") of this Agreement shall commence on the Effective Date of this Agreement and continue through midnight on December 31, 2016, unless otherwise terminated in accordance with the provisions of Sections 6 or 15. Unless terminated, this Agreement shall automatically renew for additional terms of three years (each such term shall be referred to as a "Renewal Term"). In addition to the right to terminate set forth in Sections 6 and 15, either the Employer or the Executive shall have the right to terminate this Agreement at any time during or at the end of the Term or any Renewal Term by giving the other party thirty (30) days' advance written notice (the "Notice Period") at any time stating his/its intention to terminate the Agreement. Such termination will be effective at the end of the Notice Period and, if notice is given by the Employer, shall be treated as a termination without Cause.

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 Company will pay the Employee an annual base salary of $260,000.00 (“ Base Salary ”). All payments of Base Salary will be made in installments according to the Company’s regular payroll practice, prorated monthly or weekly when appropriate, and subject to any withholdings that are required by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF LENDER AND BORROWER IRREVOCABLY WAIVES ANY AND ALL RIGHTS SUCH PARTY MAY HAVE TO DEMAND THAT ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RELATIONSHIPS OF THE PARTIES HERETO BE TRIED BY JURY. THIS WAIVER EXTENDS TO ANY AND ALL RIGHTS TO DEMAND A TRIAL BY JURY ARISING UNDER COMMON LAW OR ANY APPLICABLE STATUTE, LAW, RULE OR REGULATION. FURTHER, EACH PARTY HERETO ACKNOWLEDGES THAT SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING SUCH PARTY’S RIGHT TO DEMAND TRIAL BY JURY.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Ohio oil well producers that then sold oil to Pennsylvania refineries). Thus, it is not persuasive that title to the hoses passed in Europe, rather than in Texas. See Renner v. Lanard, Toys Ltd., 33 F.3d 277, 282 (3d Cir.1994) (noting that “a foreign manufacturer or seller [which] rids itself of title by a sale F.O.B. a foreign port [does not] insulate [itself] from jurisdiction if there is the other type of activity” indicating purposeful availment); Gulf Consol. Servs., Inc. v. Corinth Pipeworks, S.A., 898 F.2d 1071, 1073 (5th Cir.1990) (observing that “the simple fact that a sales transaction is consummated outside that jurisdiction does not prevent the sale from forming the basis of jurisdiction”); Benitez-Allende v. Alcan Aluminio Do Brasil, S.A., 857 F.2d 26, 30 (1st Cir.1988) (<HOLDING>); Charles W. “Rocky” Rhodes, The Predictability Options: A. holding that reasonableness analysis applies in general jurisdiction case under federal circuit law B. holding that since the court already determined that it had general jurisdiction over a defendant it was unnecessary to engage in the specific jurisdiction analysis C. recognizing the same analysis applies under the wlad and title vii D. holding that title passing in brazil is beside the point in a specific jurisdiction analysis E. holding title vii analysis applies in ada case

assistant: The best answer is D. holding that title passing in brazil is beside the point in a specific jurisdiction analysis
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 First Amendment may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this First Amendment by facsimile or in electronic document format (e.g., “pdf” or “tif”) shall be effective as delivery of a manually executed counterpart of this First Amendment.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: all rights not expressly granted to you in these conditions of use or any service terms are reserved and retained by amazon or its licensors , suppliers , publishers , rightsholders , or other content providers .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the FBI acted in bad faith because the destruction occurred after the murders “when it was obvious the map had evidentiary value.” The record, however, demonstrates only that the FBI acted negligently. Upon receiving the drawing from R.C., Agent Anderson put it “into a chain of custody” in the FBI’s Denver division. After the Pima County Sheriff’s Department assumed responsibility for the investigation, the FBI transferred the drawing and other evidence to its Phoenix division. The FBI later mistakenly closed the case and destroyed the evidence. Nothing indicates that the FBI sought to deprive Forde of the drawing, and the trial court therefore did not err by refusing to preclude all evidence of the Colorado meeting. Cf. State v. Vickers, 180 Ariz. 521, 528, 885 P.2d 1086, 1093 (1994) (<HOLDING>). ¶ 49 Forde also argues that the trial court Options: A. holding that doctrine does not violate due process B. holding that states inadvertent or negligent destruction of evidence did not violate defendants due process rights C. holding that negligent inaction by a jail officer does not violate due process D. holding that the ij did not violate petitioners due process rights by not discussing each piece of evidence E. holding courts have inherent power to compel discovery of the states evidence to protect a defendants due process rights

assistant: The best answer is B. holding that states inadvertent or negligent destruction of evidence did not violate defendants due process rights
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 maintains, and has caused each Subsidiary to maintain, with financially sound and reputable insurance companies insurance on all their Property in such amounts, subject to such deductibles and self-insurance retentions and covering such properties and risks as are consistent with sound business practice and as are customarily carried by companies engaged in similar business and owning similar properties in localities where the Borrower and its Subsidiaries operate.

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: on contemporary standards of decency. See Hudson, 503 U.S. at 9, 112 S.Ct. 995 (“When prison officials maliciously and sadistically use force to cause harm, contemporary standards of decency always are violated. This is true whether or not significant injury is evident.”) Applying this rule, the Hudson Court held that there was an Eighth Amendment violation even though the prisoner’s injuries were minor, consisting of “bruises, swelling, loosened teeth, and a cracked dental plate.” Id. at 10, 112 S.Ct. 995. The Court based its holding on the prisoner having presented evidence weighing in favor of the other Whitley factors to show that the defendant officers acted maliciously and sadistically for the very purpose of causing the prisoner harm. See id.; see also Martinez, 323 F.3d at 1180 (<HOLDING>). Here, like the prisoners in Hudson and Options: A. holding that prisoner waived first amendment claim because he failed to brief arguments on appeal B. holding that the prisoner has the burden of demonstrating he has exhausted his administrative remedies in his complaint C. holding that prisoner copayment plan was not violative of the eighth amendment D. holding that a prisoner who suffered lacerations on his left leg and finger an abrasion on his head bruises and red welts on his back stated a claim under the eighth amendment because the prisoner provided evidence in support of the other whitley factors E. holding that prisoner stated a claim for relief under the eighth amendment for his exposure to secondhand smoke even though he reported no illness

assistant: The best answer is D. holding that a prisoner who suffered lacerations on his left leg and finger an abrasion on his head bruises and red welts on his back stated a claim under the eighth amendment because the prisoner provided evidence in support of the other whitley factors
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: 2. Although the substance of the inquiry remains the same, the Supreme Court has counseled that the question whether a defendant can show a violation of his own Fourth Amendment rights “is more properly placed within the purview of substantive Fourth Amendment law than within that of standing.” Rakas v. Illinois, 439 U.S. 128, 140, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). With that said, we do not quarrel with the district court’s analysis on this point. Several distinguished jurists continue to use the “standing” terminology as useful shorthand. See, e.g., United States v. Romain, 393 F.3d 63, 68 (1st Cir.2004) (Selya, J.) (acknowledging after Rakas that the term “standing” “is imprecise,” but adopting the usage “[f]or simplicity’s sake”). But, regardless of terminolo 1 (10th Cir.2004) (<HOLDING>). As we observe below, the conclusion that Options: A. holding that prisoners do not have a reasonable expectation of privacy in their cells B. holding a person who is present at anothers home with permission simply for the purpose of consummating a business transaction does not have a reasonable expectation of privacy there C. holding that for purposes of federal constitutional law a person does not possess a reasonable expectation of privacy with respect to trash discarded outside the home D. holding that the constitutional protection of an individuals reasonable expectation of privacy in his or her home does not extend to a place of business E. holding a person at anothers residence solely for the purpose of engaging in drug related activity has no legitimate expectation of privacy in the residence

assistant: The best answer is B. holding a person who is present at anothers home with permission simply for the purpose of consummating a business transaction does not have a reasonable expectation of privacy there
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: (Colo.1997). Here, we conclude that the language of the statute is unambiguous and, therefore, we assign to the words their plain meanings. - Section 7-118-102(4) states: A shareholder entitled to dissent and obtain payment for the shareholder's shares under this article may not challenge the corporate action creating such entitlement unless the action is unlawful or fraudulent with respect to the shareholder or the corporation. (Emphasis added.) There are no reported appellate decisions in Colorado construing this section. However, we agree with the trust that this section applies to its claim because fraudulent actions in the nature of constructive fraud are within the exception. See See. Nat'l Bank v. Peters, Writer & Christensen, Inc., supra, 39 Colo.App. at 351, 569 P.2d at 881 (<HOLDING>). - Constructive fraud is defined as a breach Options: A. holding that a shareholder had standing to bring a direct action against a director of a corporation because the director owed the shareholder a duty separate and apart from that which the director owed to the company B. recognizing the right of a creditor to sue a corporate director for breach of fiduciary duty C. holding that unless a shareholder can show personal cause of action and personal injury claims for fraud and breach of fiduciary duty belong to the corporation and not the shareholder D. holding breach of fiduciary duty by a director constitutes constructive fraud and therefore affected shareholder was entitled to dissenters rights and to challenge the corporate action creating entitlement to dissenters rights E. holding that a majority shareholder was not entitled to a juiy trial on breach of fiduciary duty claim because claim sounded in equity

assistant: The best answer is D. holding breach of fiduciary duty by a director constitutes constructive fraud and therefore affected shareholder was entitled to dissenters rights and to challenge the corporate action creating entitlement to dissenters rights
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: 798, 694 N.E.2d 114, 116-17 (1997) (noting that in absence of privity, Ohio law distinguishes between consumers, who may maintain negligence claim for solely economic damages, and commercial buyers, who may not). Nevertheless, Whirlpool says that even if Ohio law permits consumers to bring such a negligence action, this exception applies only to claims for tortious breach of warranty. [Doc. 37 at 36-37.] Although Whirlpool correctly notes that La-Puma dealt only with a warranty claim, it fails to adequately account for the Supreme Court of Ohio’s rather plain holdings that a plaintiff may pursue common-law claims for negligent design and failure to warn even though he has suffered only economic damages. See Carrel v. Allied Prods. Corp., 78 Ohio St.3d 284, 677 N.E.2d 795, 800 (1997) (<HOLDING>); Cincinnati v. Beretta U.S.A. Corp., 95 Ohio Options: A. holding that commonlaw action of negligent design survived enactment of ohio products liability act even though act required more than economic damages B. holding that it was plain error for trial court to allow more than one conviction of grossly negligent operation of a vehicle where more than one person was injured C. holding that more than notice to a defendant is required D. holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation E. holding that even though the governments conduct may have been negligent or even grossly negligent it did not rise to the level of flagrant misconduct

assistant: The best answer is A. holding that commonlaw action of negligent design survived enactment of ohio products liability act even though act required more than economic damages
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 execution, delivery and performance of the Transaction Documents by the Company and the issuance and sale of the Note in accordance with the provisions thereof will not (i) conflict with or result in a breach or violation of (a) any of the terms and provisions of, or constitute a default under, the Company’s Certificate of Incorporation or the Company’s By-laws, both as in effect on the date hereof (true and complete copies of which have been made available to the Investor through the EDGAR system), or (b) assuming the accuracy of the representations and warranties in Section 5, any applicable statute, rule, regulation or order of any governmental agency or body or any court, domestic or foreign, having jurisdiction over the Company, or any of its assets or properties, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any lien, encumbrance or other adverse claim upon any of the properties or assets of the Company or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any Material Contract, except, in the case of clauses (i)(b) and (ii) only, for such conflicts, breaches, violations and defaults as have not, and would not reasonably be expected to have a Material Adverse Effect. This Section does not relate to matters with respect to tax status, which are the subject of Section 4.11, employee relations and labor matters, which are the subject of Section 4.14, and environmental laws, which are the subject of Section 4.16.

assistant: No Conflicts
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: substantial part thereof[.]” Section 62-6-12(A)(4). In addition, “[a]ny ... transaction in contravention of this section without prior authorization of the [C]ommission shall be void and of no effect.” Section 62-6-12(13). In regard to appellate review, a party in a proceeding before the Commission is given a statutory right of appeal to the Supreme Court for review of a final order of the Commission. NMSA 1978, § 62-11-1 (1993). Whether the Writs Were Procedurally Defective {21} Preliminarily, we note that the Commission does not attack the authority of the district court to issue the writ of mandamus. See NMSA 1978, § 62-12-2 (1941) (authorizing mandamus action against the Commission); State ex rel Sandel v. N.M. Pub. Utility Comm’n, 1999-NMSC-019, ¶¶ 10-11, 127 N.M. 272, 980 P.2d 55 (<HOLDING>); State ex rel. Bird v. Apodaca, 91 N.M. 279, Options: A. holding that common pleas erred in setting aside the writ of execution on the basis that the union erroneously filed a writ of execution instead of filing a writ of mandamus B. recognizing that the issuance of a writ of mandamus is itself generally a matter of discretion C. holding that a petition for a writ of mandamus is the appropriate mechanism for challenging a trial courts grant of leave to amend a complaint D. holding that a writ of mandamus was an appropriate means of vacating a commission order E. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances

assistant: The best answer is D. holding that a writ of mandamus was an appropriate means of vacating a commission order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted under this Note shall be given in writing and shall be deemed effectively given upon personal delivery or three business days following deposit with the United States Post Office, by registered or certified mail, return receipt requested, postage prepaid, or sent by confirmed delivery via overnight courier (e.g., FedEx., etc.) addressed to the address of the receiving party set forth on the signature page hereto, or at such other address as the recipient shall have furnished in writing in accordance with this Section 7 .

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 case excerpt and choose the best holding from the options. Case excerpt: focused on two questions: whether the definition of “person” from section § 5-13-210 includes an [14unborn person and whether sufficient evidence supports the verdict. At no point did appellant, the State, or amici analyze whether “otherwise introduced” excludes a passive bodily function. Nor did appellant raise at trial the argument that “otherwise introduced” could not include a passive transfer through the umbilical cord post-delivery. Instead, she limited her argument concerning post-delivery transfer to the insufficiency of the evidence. We have re.peatedly held that we will not address an issue not raised and ruled on by the trial court and to otherwise would be to issue an advisory opinion, which we will-not do! See, e.g., Johnson v. State, 314 Ark. 471, 863 S.W.2d 305 (1993) (<HOLDING>). Rather than ruling on an undeveloped issue, I Options: A. holding that the supreme court will not issue advisory opinion on issue not before the court B. holding that defendant failed to raise a constitutional issue at trial and thus waived appellate review of that issue C. recognizing that an advisory opinion is one that offers an opinion on a moot issue D. holding the constitutional issue was not preserved and thus declining to issue an advisory opinion E. holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it

assistant: The best answer is D. holding the constitutional issue was not preserved and thus declining to issue an advisory opinion
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: Such Seller is duly formed, validly existing and in good standing under the laws and regulations of the state of such Seller’s formation and is duly licensed, qualified, and in good standing in every state where such licensing or qualification is necessary for the transaction of such Seller’s business, except to the extent such failure would not reasonably be expected to result in a Material Adverse Effect. Such Seller has the power to own and hold the assets it purports to own and hold, to carry on its business as now being conducted and proposed to be conducted, and to execute, deliver, and perform its obligations under this Agreement and the other Transaction Documents.

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 legal provision and list the applicable contract clause categories. Provision: The Company shall require any successor (whether direct or indirect, by purchase, merger, consolidation, reorganization or otherwise) to all or substantially all of the business and/or assets of the Company expressly to assume this Plan. This Plan shall be binding upon and inure to the benefit of the Company and any successor of or to the Company, including without limitation any persons acquiring directly or indirectly all or substantially all of the business and/or assets of the Company whether by sale, merger, consolidation, reorganization or otherwise (and such successor shall thereafter be deemed the “Company” for the purposes of this Plan), and the heirs, beneficiaries, executors and administrators of each Participant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The parties hereto confirm that any electronic copy of another party's executed counterpart of this Amendment (or such party's signature page thereof) will be deemed to be an executed 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 legal provision and list the applicable contract clause categories. Provision: If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any rule or Law, or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the Transactions is not affected in any manner materially adverse to any Party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the Parties shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in an acceptable manner to the end that the Transactions are fulfilled to the extent possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a federal statute according to state law); Desai v. Mukasey, 520 F.3d 762, 766 (7th Cir.2008) (federal court applied state criminal law where "there is explicit reference to state law in the text of the [federal] statute”); Dias v. Elique, 436 F.3d 1125, 1132 (9th Cir.2006) (court applied Nevada law in § 1983 action to determine whether a federally recognized property interest and qualified immunity existed); Rains v. Criterion Sys., Inc., 80 F.3d 339, 343-44 (9th Cir. 1996) (court applied California law to determine whether state law claims arose under federal law for jurisdictional purposes). 7 . It is worth noting that appellants may be unable to sue California for failure to comply with NCLB. See, e.g., Newark Parents Ass’n v. Newark Pub. Sch., 547 F.3d 199, 214 (3d Cir.2008) (<HOLDING>); cf. Flores v. Arizona, 516 F.3d 1140, 1176 n. Options: A. holding that congress did not intend to give individuals a right to enforce specific provisions of nclb B. holding that congress did not intend to abrogate eleventh amendment immunity in enacting 42 usc 1983 C. recognizing that a contract is to be construed to give reasonable effect to each of its provisions D. holding that congress did not intend to disturb the states eleventh amendment protection in passing 1983 E. holding that the party did not waive its right to enforce the arbitration clause

assistant: The best answer is A. holding that congress did not intend to give individuals a right to enforce specific provisions of nclb
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: work here. Second, because SFS owned or leased the offices from which it operated, Jackson Hewitt was not in control of the premises where the tort was committed. And, third, Jackson Hewitt was not in control of either Prewett or JHIS. Jackson Hewitt had no contractual relationship with either Prewett or JHIS. Prewett was employed by SFS, not Jackson Hewitt, and JHIS was an independent corporate entity. Under these circumstances, Jackson Hewitt had no duty to the Kamans, and the Kamans did not meet the threshold requirement necessary to establish their negligence claim. See Cantalupo v. Lewis, 47 So.3d 896, 900 (Fla. 4th DCA 2010) (stating that one of two brothers did not have a duty to prevent the other brother from driving under the influence of alcohol); Demelus, 24 So.3d at 765-66 (<HOLDING>); Pompano Motor Co. v. Chrysler Ins. Co., 875 Options: A. holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes B. holding that criminal conduct on premises was not foreseeable C. holding that an automobile dealership which kept its cars locked in a secured lot did not create a foreseeable zone of risk of thirdparty criminal conduct by a juvenile gang that stole vehicles from the lot one of which collided with another vehicle and injured the driver D. holding that an injury occurring in a parking lot which was leased but not controlled by an employer was compensable because the employer instructed its employees to park in that lot E. holding that claimant was entitled to workers compensation because he was injured in a parking lot which was leased by his employer

assistant: The best answer is C. holding that an automobile dealership which kept its cars locked in a secured lot did not create a foreseeable zone of risk of thirdparty criminal conduct by a juvenile gang that stole vehicles from the lot one of which collided with another vehicle and injured the 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 legal provision and list the applicable contract clause categories. Provision: From the date of this Agreement until the Closing or termination of this Agreement, Seller and Purchaser shall use commercially reasonable efforts to take, or cause to be taken, all actions and to do, or cause to be done, all things necessary, proper or advisable to consummate the transaction contemplated in this Agreement, including, without limitation, (i) obtaining all necessary consents, approvals and authorizations required to be obtained from any Governmental Authority or other Person under this Agreement or Applicable Law, and (ii) effecting all registrations and filings required under this Agreement or Applicable Law. After the Closing, Seller and Purchaser shall use commercially reasonable efforts (at no cost or expense to such Party, other than any de minimis cost or expense or any cost or expense which the requesting Party agrees in writing to reimburse) to further effect the transaction contemplated in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: investigation. Ex parte proceedings are disfavored, but the district court’s approach here was justified by the interest in maintaining grand jury secrecy. We also share the district court’s concern that jointly-represented witnesses should not be able to gain information about confidential grand jury proceedings through a hearing on their attorney’s conflict of interest. Assuming that a grand jury witness could waive his interest in conflict-free assistance of counsel, cf. In re Grand Jury, 446 F.Supp. 1132, 1140 (N.D.Tex.1978), the district court did not engage in judicial usurpation of power by concluding that no such waiver was feasible or permissible under the circumstances presented here. Cf. Wheat v. United States, 486 U.S. 153, 162, 163, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988) (<HOLDING>). Each client, of course, is free to retain Options: A. holding that defendant must demonstrate both that counsel actively represented conflicting interests and that an actual conflict of interest adversely affected his lawyers performance to establish a sixth amendment violation B. holding the existence of a possible conflict required remand for a determination of whether an actual conflict of interest existed and holding a new trial would be required if an actual conflict existed C. holding that even where the sixth amendment applies a court presented with an actual conflict of interest has broad latitude and may decline a proffer of waiver and insist that multiple defendants be separately represented D. holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest E. holding that to demonstrate that a conflict of interest violated his sixth amendment rights a defendant must establish that an actual conflict of interest adversely affected his lawyers performance

assistant: The best answer is C. holding that even where the sixth amendment applies a court presented with an actual conflict of interest has broad latitude and may decline a proffer of waiver and insist that multiple defendants be separately represented
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered via email at the email address specified in this Section prior to 5:00 p.m. (New York time) on a Business Day , (b) the next Business Day after the date of transmission, if such notice or communication is delivered via email at the email address specified in this Section on a day that is not a Business Day or later than 5:00 p.m. (New York time) on any date and earlier than 11:59 p.m. (New York time) on such date, (c) the Business Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (d) upon actual receipt by the party to whom such notice is required to be given. The addresses for notice shall be as set forth in the Purchase Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: to as “the City’s customers” for retail water delivery and wastewater services. In fact, the Agreement expressly declares that it is “for the benefit of the City, the District, and NPC, its successors and assigns, and shall not be construed to confer any benefit on any other party except as expressly provided herein.” We conclude that there is nothing in the Agreement that would confer donee- or creditor-beneficiary standing upon the individual plaintiffs to seek a declaration of them rights under this Agreement. Therefore, the district court correctly determined that the individual plaintiffs lack standing to assert that section 7.2 of the Agreement violates the water code. See El Paso Cmty. Partners v. B & G/Sunrise Joint Venture, 24 S.W.3d 620, 626 (Tex.App.-Austin 2000, no pet.) (<HOLDING>). The District’s fourth issue is overruled. Options: A. holding that nonsignatories to a contract have no rights under the contract and thus no standing to assert claims under the contract B. holding that for the purposes of standing to bring an action to recover on a contract privity is established by proving the defendant was a party to an enforceable contract with either the plaintiff or a party who assigned its cause of action to the plaintiff C. holding that parol evidence is admissible to show that an individual who signed a contract but is not named in the body is a party to the contract D. holding that an incidental beneficiary does not have standing to sue for breach of a contract E. holding that person who is not party to contract does not have standing to challenge contract

assistant: The best answer is E. holding that person who is not party to contract does not have standing to challenge contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rule we only consider cases involving issues in dispute; we shall not address moot, abstract, academic, or hypothetical questions.”). We also have held that “[a] case is moot if it raised a justiciable controversy at the time the complaint was filed, but events occurring after the filing have deprived the litigant of an ongoing stake in the controversy.” Seibert v. Clark, 619 A.2d 1108, 1110 (R.I.1993). See also Pelland v. State, 919 A.2d 373, 378 (R.I.2007); In re New England Gas Co., 842 A.2d 545, 554 (R.I.2004) (concluding that because the underlying labor dispute had settled, New England Gas no longer had a continuing stake in the controversy, thereby rendering the case moot); Associated Builders & Contractors of Rhode Island, Inc. v. City of Providence, 754 A.2d 89, 91 (R.I.2000) (<HOLDING>). One narrow exception to the mootness doctrine Options: A. holding the case to be moot where construction of the pro ject had been entirely completed B. holding that the settlement of a dispute generally renders a case moot C. holding that the plaintiffs claim was moot because the construction project which was the subject of the dispute had been completed D. holding that a construction lender may voluntarily assume a duty to inspect the construction project for the borrowers benefit in addition to the lenders independent contractual right to inspect the project for its own exclusive benefit E. holding that complaint seeking to enjoin highway construction project pending completion of environmental impact statement for larger project no longer presented any live controversy after highway project was completed and thus was moot and provided no basis for federal court jurisdiction

assistant: The best answer is C. holding that the plaintiffs claim was moot because the construction project which was the subject of the dispute had been completed
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: Hudson holding effectively overrules Bell by rendering all Fourth Amendment claims by inmates non-eognizable. Plaintiffs argue that Hudson is limited to cell searches and does not, therefore, disturb Bell. The parties’ arguments bring into focus the distinction between cell searches and strip searches in custodial facilities. In Hudson, the Court considered a cell search challenged by a convicted inmate and questioned whether the inmate had a reasonable expectation of privacy in his cell which would entitle him to Fourth Amendment rights. Hudson, 468 U.S. at 522, 104 S.Ct. 3194. The Court concluded that the “recognition of privacy rights for prisoners in their individual cells simply cannot be reconciled with the concept of incarceration and the needs and objectives of penal in 989) (<HOLDING>); Covino v. Patrissi, 967 F.2d 73, 78 (2d Options: A. holding that governments asserted interest in protecting the privacy of arrestees is substantial under central hudson B. holding that incarcerated prisoners have fourth amendmentprotected privacy interests after hudson and despite hudsons broad language C. recognizing that violation of privacy right even without objective harm is still compensable D. holding that even after hudson the prisoners privacy interest in the integrity of his own person is still preserved under bell E. holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property

assistant: The best answer is D. holding that even after hudson the prisoners privacy interest in the integrity of his own person is still preserved under bell
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: scheduling order signed by Magistrate Judge David R. Homer on August 11, 1999, directed that any motion to join parties or to amend the pleadings be made on or before September 15, 1999. This cross-motion was made on February 22, 2000, more than five months after this deadline. Fed.R.Civ.P. 15(a) states that leave to amend a complaint “shall be freely given when justice so requires.” Although the rule requires that leave should be granted freely, it is within the sound discretion of the court whether to grant leave to amend. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962). Undue delay and futility of the amendment, among other factors, are reasons to deny leave. See id.; John Hancock Mut. Life Ins. Co. v. Amerford Int’l Corp., 22 F.3d 458, 462 (2d Cir.1994) (<HOLDING>). An amendment is futile if it “merely restates Options: A. holding district court properly denied leave to amend where application was four months late and appeared to be futile B. holding that upon conclusion that plaintiffs proposed amendment was futile district court correctly denied plaintiffs motion to amend C. holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court D. holding leave to amend was properly denied where the relator had previously filed two amended complaints E. holding that the district court abused its discretion in denying leave to amend after a delay of eight months

assistant: The best answer is A. holding district court properly denied leave to amend where application was four months late and appeared to be futile
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 ownership ... [was] legally sufficient because a manager always has lawful control over the premises superior to that of the burglar.” Id. The Supreme Court cited Smith with approval and drew a distinction between the manager of a business and an employee: The uncontradicted testimony established that [the manager] ran the store; ... that he was in charge; and that he was more than merely an employee or servant. Id. (emphasis added). The italicized language demonstrates that the Supreme Court reaffirmed the holding in Smith and maintained a distinction between a manager and an employee. Unlike the manager who exercises lawful control over premises, a servant or employee occupies the space but does not control it. See also Adirim v. State, 350 So.2d 1082, 1084 (Fla. 3d DCA 1977) (<HOLDING>). The Supreme Court did not alter the holding Options: A. holding the harmed victim need not be the victim of the offense of conviction B. holding that where the dying victim remained conscious for fifteen minutes the evidence was sufficient to show that the victim knew that he was dying but was helpless to prevent it C. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon D. holding that a defendant who alleges selfdefense can show through the testimony of another witness that the alleged victim had a propensity for violence thereby inferring that the alleged victim was the aggressor a defendants prior knowledge of the victims reputation for violence is irrelevant because the evidence is offered to show the conduct of the victim rather than the defendants state of mind E. holding that where state alleged that burglarized structure was property of victim the branch manager of the firm that owned the property the victim had a sufficient possessory interest to support burglary charge where he was more than a mere employee but was the individual responsible for custody of the stolen items

assistant: The best answer is E. holding that where state alleged that burglarized structure was property of victim the branch manager of the firm that owned the property the victim had a sufficient possessory interest to support burglary charge where he was more than a mere employee but was the individual responsible for custody of the stolen items
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: Since the applicable Cutoff Date, no provision of a Receivable has been, or shall be, waived, altered or modified in any respect other than with respect to alterations and modifications so that such Receivable meets the Eligible Receivable criteria (other than clause (ix) thereof, which must have been satisfied at the time of origination and at all times since that date) and such Receivable is enforceable after giving effect thereto.

assistant: No Waivers