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: be read to require Safeco to pay a prejudgment interest award rendered against Page and (2) whether the language of Section 13-4-19(A) can reasonably be read to permit a surety to be hable for these types of awards under a surety bond issued pursuant to Section 13-4-18. It is not an issue of whether prejudgment interest should properly be awarded in the first place; that question was answered affirmatively in Albuquerque Testing. The Cibola County trial court stated that the reason it would refuse to award the prejudgment interest portion of the Albuquerque Testing judgment was that Davis had caused a delay in getting the Safeco case heard. We interpret this statement as a finding of a countervailing equity against awarding prejudgment interest. That J. 332, 188 A.2d 586, 595 (1962) (<HOLDING>). Davis showed that prejudgment interest was Options: A. holding surety for official bond liable for interest on money lost by misappropriation unless the borough receives reimbursement for both principal and interest it will not be made whole it will suffer a loss in the face of the suretys promise that it would not B. holding that a declaratory judgment action was not the proper forum for the principal to make its bad faith argument which instead is properly asserted as a defense to the suretys claim against the principal for indemnification C. holding that both agent and principal will be liable when the agent acts within the scope of his employment but for his own purposes D. holding that the decision of the bia will not be affirmed by this court unless the reasons for such a finding are made clear E. holding that it is not

assistant: The best answer is A. holding surety for official bond liable for interest on money lost by misappropriation unless the borough receives reimbursement for both principal and interest it will not be made whole it will suffer a loss in the face of the suretys promise that it would not
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: Salt Lake City Corp. v. Property Tax Div. of Utah State Tax Comm’n, 979 P.2d 346, 351 (Utah 1999) (ruling that continuing denial of a benefit to which a party is entitled provides a basis for standing to obtain judicial review of an administrative rule). The plaintiffs claim that he would be “directly and immediately better off — in the emphatically concrete sense that ... he would have more money in his pocket sooner — if he could obtain relief through the Notice procedure ... without sacrificing a major portion of his claim,” Pl.’s Opp’n at 5, is “[n]o reasonable mind could doubt ... a judicially cognizable injury sufficient to satisfy the injury in fact test for Article III standing,” see Ontario Forest Industries Assoc. v. United States, 444 F.Supp.2d 1309, 1323-24 (CIT 2006) (<HOLDING>) (citing Gen. Motors Corp. v. Tracy, 519 U.S. Options: A. holding that declaratory judgment requiring party to pay a specific sum of money is properly characterized as a money judgment B. holding that taking money from a victim offering the money out of fear of violence can be larceny from the person because there is no consent and the money was removed from the actual possession or custody of the person or his immediate pres ence viz the area within his control C. recognizing that delay of refund deprives plaintiffs of the timevalue of money and may deprive plaintiffs of money D. holding that exhaustion is required under the plra even if the plaintiff seeks only money damages and money damages are not available as relief E. recognizing that an action will lie for conversion of money when its identification is possible and there is an obligation to deliver the specific money in question or otherwise particularly treat the specific money

assistant: The best answer is C. recognizing that delay of refund deprives plaintiffs of the timevalue of money and may deprive plaintiffs of money
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement supersedes all other prior oral or written agreements between Aspire, the Company, their affiliates and persons acting on their behalf with respect to the matters discussed herein, and this Agreement and the documents and instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor Aspire makes any representation, warranty, covenant or undertaking with respect to such matters. The Company acknowledges and agrees that is has not relied on, in any manner whatsoever, any representations or statements, written or oral, other than as expressly set forth in this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: of financial records in accordance with the procedures authorized by Title 26.” Title 26 is, of course, a reference to the Internal Revenue Code, and includes the summons provision at issue in this case, 26 U.S.C. § 7609. In response, plaintiff contends that the RFPA exception for disclosures “authorized by Title 26” does not apply here because defendants violated Title 26 when they faded to obtain the signature of an “approving officer.” Pl.’s Opp’n at 10-11. First, under the plain language of 12 U.S.C. § 3413(c), the RFPA does not apply to summonses issued pursuant to 26 U.S.C. § 7609 because, to state the obvious, they are summonses “in accordance with the procedures authorized by Title 26.” See Grant v. IRS, No. 06-CV-402-JMH, 2007 WL 2174731, at *4 (E.D.Ky. July 27, 2007) (<HOLDING>); Bell v. United States, 521 F.Supp.2d 456, Options: A. holding that the federal register notice requirements do not apply to federal criminal statutes B. holding that the notice requirements of section 101101 do not apply to employees because they are not governmental units C. holding a bank liable where a bank officer held checks that were intended to pay the irs for withheld taxes D. holding that the notice requirements of 38 usc 5103a do not apply to motions based on clear and unmistakable error E. holding that under the plain language of 3413c the rfpas notice requirements simply do not apply to irs subpoenas referring to a summons issued to a bank under 26 usc 7609

assistant: The best answer is E. holding that under the plain language of 3413c the rfpas notice requirements simply do not apply to irs subpoenas referring to a summons issued to a bank under 26 usc 7609
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: 282 (5th Cir.2001) (internal citation omitted). “An issue is material if its resolution could affect the outcome of the action. A dispute as to a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” DIRECTV Inc. v. Robson, 420 F.3d 532, 536 (5th Cir.2005) (internal citations omitted). In deciding whether a genuine and material fact issue has been created, the court reviews the facts and inferences to be drawn from them in the light most favorable to the nonmoving party. Reaves Brokerage Co. v. Sunbelt Fruit & Vegetable Co., 336 F.3d 410, 412 (5th Cir.2003). The non-movant’s burden is not met by mere reliance on the allegations or denials in the non-movant’s pleadings. See King v. Dogan, 31 F.3d 344, 346 (5th Cir.1994) (<HOLDING>). Likewise, “eonclusory allegations” or Options: A. holding that unverified pleadings and unauthenticated documents did not constitute proper summary judgment evidence B. holding that unverified pleadings do not constitute competent summary judgment evidence C. holding that unsworn pleadings do not constitute proper summary judgment evidence D. holding that unverified complaints cannot be considered as evidence at the summary judgment stage E. holding that pleadings cannot be regarded as summary judgment evidence

assistant: The best answer is B. holding that unverified pleadings do not constitute competent summary judgment evidence
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: employment. 42 U.S.C. § 233(a). Thus, Congress has expressly made the FTCA an inmate’s sole remedy for injuries received by Public Health Service Officers acting within the scope of their employment. See Lewis v. Sauvey, 708 F.Supp. 167, 169 (E.D.Mich.1989). Two Sixth Circuit panels that have directly addressed this issue did not permit prisoners to pursue a Bivens actions against prison doctors for acts or omissions made while performing their official tasks, holding that the FTCA provides “the exclusive remedy in a civil suit that is brought against a Public Health Service Officer if the civil suit involved subject matter that is covered by the FTCA.” Beverly v. Gluch, No. 89-1915, 1990 WL 67888 *1 (6th Cir.1990); see also Walls v. Holland, No. 98-6506, 1999 WL 993765 (6th Cir.1999) (<HOLDING>). Both Movants have filed declarations with the Options: A. holding that the ftca offers the exclusive remedy for personal injuries resulting from the performance of medical and related functions by a commissioned public health service officer acting within the scope of her office B. holding that a right of action for personal injuries resulting from negligence cannot be assigned absent statutory law C. holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy D. holding that the position of alltime health officer for a county was not an office within the meaning of section 1467 of the code of 1907 E. holding that the remedy in a prison conditions case must remedy actual injuries that have been identified by the court and suffered by the plaintiffs

assistant: The best answer is A. holding that the ftca offers the exclusive remedy for personal injuries resulting from the performance of medical and related functions by a commissioned public health service officer acting within the scope of her office
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 Optionee expressly acknowledges and agrees that the Optionee’s rights hereunder, including the right to be issued shares upon exercise, are subject to the Optionee promptly paying to the Company in cash (or by such other means as may be acceptable to the Administrator in its discretion) all taxes required to be withheld. No shares will be transferred pursuant to the exercise of this Option unless and until the person exercising this Option has remitted to the Company an amount in cash sufficient to satisfy any federal, state, or local withholding tax requirements, or has made other arrangements satisfactory to the Company with respect to such taxes. The Optionee authorizes the Company and its subsidiaries to withhold such amount from any amounts otherwise owed to the Optionee, but nothing in this sentence shall be construed as relieving the Optionee of any liability for satisfying his or her obligation under the preceding provisions of this Section.

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 case excerpt and choose the best holding from the options. Case excerpt: are [1] whether the entity has authority to act with the sanction of government support, or [2] has any authority in law to make decisions, or [3] has substantial authority in the exercise of specific functions. In re Gideon, Inc., 158 B.R. 528, 531 (Bankr. S.D.Fla.1993) (footnotes omitted). 69 . The International Brominated Court seemed willing to entertain the notion that a private entity's mere "contractual relationship” with the federal government could make it a governmental entity and therefore perhaps an "agency” under the APA. 393 F.Supp.2d at 1380. But I have found no controlling authority to that effect. On the contrary, the case law I have examined appears to support the opposite conclusion. See United States v. Pa. Envtl. Hearing Bd., 584 F.2d 1273 (3d Cir.1978) (<HOLDING>); Mark v. Borough of Hatboro, 856 F.Supp. 966, Options: A. holding that just because a claim implicates a federal issue or involves construction of federal law does not necessarily give rise to a federal question and confer removal jurisdiction on a federal court B. holding that a private company operating under a federal contract was not a federal department agency or instrumentality for the purposes of section 313 of the federal water pollution control act amendments of 1972 C. holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act D. holding that federal express despite the use of the word federal in its name is not a federal agency and therefore cannot be sued in this court E. holding that the federal water pollution control act amendments of 1972 and certain regulations promulgated thereunder are applicable to nonnavigable waters of puerto rico despite contention that such waters are areas of purely local concern and that federal regulation of such areas is inapplicable under the puerto rican federal relations act

assistant: The best answer is B. holding that a private company operating under a federal contract was not a federal department agency or instrumentality for the purposes of section 313 of the federal water pollution control act amendments of 1972
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 reimburse Executive for all reasonable expenses incurred by him in the discharge of his duties hereunder, including travel expenses, upon the presentation of reasonably itemized statements of such expenses in accordance with the Company’s policies and procedures now in force or as such policies and procedures may be modified with respect to all senior executive officers of the Company. Any frequent flyer miles or points and similar benefits provided by hotels, credit card companies and others received by Executive in connection with his business travel shall be retained by Executive for his personal use. The Company may provide Executive with credit cards for the payment of business expenses issued either in the name of the Company with Executive as authorized user or in the name of Executive for the account of the Company, and balances thereon (to the extent they include charges for business expenses for which Executive is entitled to reimbursement under the first sentence of this Section 5(d) ) shall be payable by the Company. Executive shall maintain detailed records of such expenses in such form as the Company may reasonably request and shall provide such records to the Company no less frequently than monthly.

assistant: Expenses
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 at any time after the Closing any further action is necessary or desirable to carry out the purposes of this Agreement, any Ancillary Agreement, or any of the transactions contemplated hereby or thereby, each of the parties hereto will take such further action (including the execution and delivery of further instruments and documents) as any other party reasonably may request, all at the sole cost and expense of the requesting party (unless the requesting party is entitled to indemnification hereunder). From and after the Closing, the Company shall make available to Buyer all documents, books, records (including Tax records), agreements and financial data of any sort relating to the Purchased Assets that are Excluded Assets.

assistant: General
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 this basis at trial and we see no plain error. See United States v. Klinger, 128 F.3d 705, 711-12 (9th Cir. 1997) (as amended). A defendant may be found guilty of personally committing the offense, as an aider or abetter, or under Pinkerton. See Olano, 62 F.3d at 1199; United States v. Castaneda, 16 F.3d 1504, 1511 (9th Cir.1994). Ill Wrobel maintains that under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), the 12-level enhancements should be stricken because all facts underlying sentencing enhancements must be found by the jury beyond a reasonable doubt. She is wrong. Even with the enhancements, Wrobel’s sentence on each count was less than the statutory maximum. See United States v. Garcia-Guizar, 234 F.3d 483, 488-89 (9th Cir.2000) (as amended) (<HOLDING>); United States v. Egge, 223 F.3d 1128, 1132 n. Options: A. holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings B. holding that any apprendi error is harmless if the defendant is sentenced to less than the statutory maximum C. holding that an apprendi error was harmless where the defendant received a concurrent sentence on another count longer than the statutory maximum applicable to the count affected by the error D. holding that the statutory maximum for apprendi purposes is the maximum sentence a judge may impose solely on the basis of the facts reflected in the jury verdict or admitted by the defendant and without any additional findings by the court E. holding that apprendi does not apply where the defendant was sentenced to less than the statutory maximum

assistant: The best answer is B. holding that any apprendi error is harmless if the defendant is sentenced to less than the statutory maximum
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 term of the Company commenced on the date of filing of the Certificate of Formation of the Company with the office of the Secretary of State of the State of Delaware in accordance with the Act and shall continue indefinitely. The Company may be dissolved and its affairs wound up only in accordance with Article XI .

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: Deferred payments under an exercised put option shall be permissible if adequate security and a reasonable interest rate are provided. If a put option is exercised with respect to Employer Securities received as a lump sum distribution from the Plan, payments may be made in a lump sum or in equal installments not less frequently than annually, beginning within thirty (30) days after the date the put option is exercised, for a period of not more than five (5) years. The determination of whether payment shall be made in installments or in a lump sum shall be made by the party to whom the Employer Securities may be put, in its sole discretion. If a put option is exercised with respect to Employer Securities received as part of an installment distribution under the Plan, final payment for the Employer Securities shall be made within thirty (30) days after the put option is exercised. Payment of the put option described in this Section 7.5 shall not be restricted by the provisions of a loan agreement or any other arrangement including the terms of the Corporation's or Affiliates' charters or articles of incorporation, unless so required by applicable state law.

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: Whether to allow the use of transcripts to aid in the presentation of tape-recorded evidence is within the district court’s sound discretion. United States v. Collazo, 732 F.2d 1200, 1203 (4th Cir.1984). Here, the transcript was properly authenticated, and the district court appropriately instructed the jury that the transcript was not evidence, that the list of speakers in the transcript was not proof as to the identity of the speakers, and that any inconsistencies between the transcript and the recording should be resolved in favor of the recording. As such, we find no abuse of discretion. Id. (noting that cautionary instructions “cured any prejudice that might have resulted from discrepancies between tape and transcript”); United States v. Clark, 986 F.2d 65, 69 (4th Cir.1993) (<HOLDING>). Next, we have recently held that prior Options: A. holding that trial court did not abuse its discretion in admitting a transcript of a recording even though defense counsel did not stipulate to its accuracy B. holding the trial court did not abuse its discretion by admitting gangrelated evidence C. holding trial court did not abuse its discretion in admitting highly probative and relevant evidence of other crimes D. holding juvenile court did not abuse its discretion in admitting expert testimony E. holding trial court did not abuse its discretion in its admitting extraneous evidence to rebut a defensive theory

assistant: The best answer is A. holding that trial court did not abuse its discretion in admitting a transcript of a recording even though defense counsel did not stipulate to its accuracy
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: See Graham, 490 U.S. at 396, 109 S.Ct. 1865. The undisputed facts in this case demonstrate that Six Feathers continually eluded the officers and took them on a lengthy and ' highly dangerous chase. Near the end of the pursuit, Six Feathers intentionally drove his car directly into Tarrell’s vehicle. Jarman testified that it was his belief that Six Feathers was an “immediate threat.” Dep. of Brett Jarman at 178. Jarman further testified that, after the collision, he believed Six Feathers, as he was backing up and turning his car in Jarman’s direction, intended to run him over. Id. at 179. Based on these undisputed facts, we hold that Jarman’s use of deadly force was objectively reasonable under the circumstances as Jarman knew them to be at that time. See Cole, 993 F.2d at 1333 (<HOLDING>). In denying Jarman’s motion, the District Options: A. holding the use of deadly force is constitutionally permissible only if the officer has probable cause to believe that the suspect poses a threat of serious physical harm either to the officer or to others B. holding that an officers use of deadly force to stop a dangerous car chase did not shock the conscience because an officers poor judgment in using unreasonable force does not automatically convert the officers acts into conscience shocking conduct C. holding officers decision to use deadly force to stop truck driver was not objectively unreasonable because officer believed driver posed an imminent threat of serious physical harm to the officers in the pursuit as well as other innocent motorists D. holding that it was impermissible for an officer to question a driver about matters unrelated to the traffic stop after the officer had fulfilled the purpose of the stop by issuing a written warning to the driver E. holding that an officer cannot use deadly force unless a suspect poses an imminent threat of serious physical harm

assistant: The best answer is C. holding officers decision to use deadly force to stop truck driver was not objectively unreasonable because officer believed driver posed an imminent threat of serious physical harm to the officers in the pursuit as well as other innocent motorists
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no pending actions, suits or proceedings against or affecting the Company, its Subsidiaries or any of its or their properties; and to the Company’s Knowledge, no such actions, suits or proceedings are threatened, except (i) as described in the SEC Filings or (ii) any such proceeding, which if resolved adversely to the Company or any Subsidiary, could not reasonably be expected to have a Material Adverse Effect, individually or in the aggregate. To the Company’s Knowledge, neither the Company nor any Subsidiary, nor any director or officer thereof, is or since January 1, 2014 has been the subject of any action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the Company’s Knowledge, there is not pending or contemplated, any investigation by the SEC involving the Company or any current or former director or officer of the Company. The SEC has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the 1933 Act or the 1934 Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Sellers have filed all federal, state and local tax returns and tax reports required by such authorities to be filed. Sellers have paid all taxes, assessments, governmental charges, penalties, interest and fines due or claimed to be due (including, without limitation, taxes on properties, income, franchises, licenses, sales and payrolls) by any federal, state or local authority. There is no pending tax examination or audit of, nor any action, suit, investigation or claim asserted or, to Sellers’ Knowledge, threatened against Sellers by any federal, state or local authority. All tax returns are (and with respect to the final returns will be) at the time of filing complete and accurate and in accordance with the tax laws applicable thereto and disclose all taxes required to be paid for the periods covered thereby. Proper amounts have been collected or withheld by Sellers for all income, franchise, property, sales, employment or other taxes payable or anticipated to be payable and for the payment of all other taxes (including without limitation all employment, sales or use taxes). Proper amounts have been withheld or collected from each payment made or to be made to each employee of any Seller for all taxes required to be withheld therefrom.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitrator , oculus and you shall maintain the confidentiality of any proceedings , including , but not limited to , any and all information gathered , prepared and presented for the purposes of the arbitration or related to the dispute ( s ) therein .

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: Executive agrees to cooperate with the Company, during the Term and for the six (6) years immediately thereafter, by being reasonably available to testify on behalf of the Company or any Affiliate in any action, suit, or proceeding, whether civil, criminal, administrative, or investigative, and to assist the Company, or any Affiliate, in any such action, suit or proceeding, by providing information and meeting and consulting at mutually agreeable times and places with the Board or its representatives or counsel, or representatives or counsel to the Company, or any Affiliate, as reasonably requested; provided that such obligation to cooperate does not unreasonably interfere with Executive's business or personal affairs. The Company agrees to reimburse Executive for all reasonable expenses incurred by Executive in connection with his provision of testimony or assistance or other cooperation contemplated by this Section.

assistant: Cooperation
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: would result in an ambush of the trial court by permitting the defendant to raise a claim on appeal that his or her counsel expressly had abandoned in the trial court.” State v. Holness, 289 Conn. 535, 543, 958 A.2d 754 (2008). “It is well settled that a criminal defendant may waive rights guaranteed to him under the constitution. . . . The mechanism by which a right may be waived, however, varies according to the right at stake. . . . For certain fundamental rights, the defendant must personally make an informed waiver. . . . For other rights, however, waiver may be effected by action of counsel. . . . When a party consents to or expresses satisfaction with an issue at trial, claims arising from that issue are deemed waived and may not be reviewed on appeal. See, e.g., [id., 544-45] (<HOLDING>); State v. Fabricatore, supra, [281 Conn. 481] Options: A. holding that trial court is not required to give limiting instruction when defendant did not object at first opportunity because evidence admitted for all purposes B. holding that limiting instruction was insufficient to avoid confrontation clause violation where codefendants powerfully incriminating extrajudicial statement was admitted in joint trial with petitioner C. holding that defendant waived claim under crawford v washington supra 541 us 36 that trial court improperly admitted recording of conversation in violation of confrontation clause of federal constitution when counsel agreed to limiting instruction regarding hearsay statements introduced by state on crossexamination D. recognizing that statements admissible under an exception to the hearsay rule may be inadmissible when tested against the confrontation clause because confrontation clause analysis differs from hearsay rule analysis E. holding of crawford applies only to testimonial hearsay

assistant: The best answer is C. holding that defendant waived claim under crawford v washington supra 541 us 36 that trial court improperly admitted recording of conversation in violation of confrontation clause of federal constitution when counsel agreed to limiting instruction regarding hearsay statements introduced by state on crossexamination
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: Evidence . Within 60 days after the Effective Date, and from time to time thereafter upon the reasonable request of the Administrative Agent, t he Borrower shall take such actions and execute and deliver such documents and instruments as the Administrative Agent shall require to ensure that the Administrative Agent shall , at all times , have received satisfactory title information (including , if requested , supplemental or new title opinions addressed to it) , which title information (a) sh all collectively cover at least 80 % of the present value of the Proven Reserves of the Borrower and its Restricted Subsidiar ies as determined by the Administrative Agent , (b) shall be in form and substance acceptable to the Administrative Agent in its sole discretion , and (c) if requested by the Administrative Agent, shall include opinions regarding the before payout and after payout ownership interests held by the Borrower and the Borrower ' s Restricted Subsidiar ies for all wells located on the Oil and Gas Properties covered thereby as to the ownership of Oil and Gas Properties of the Borrower and its Restricted Subsidiar ies.

assistant: Titles
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: rise to the level of the allegations in Harke-ma. While physical abuse obviously endangers a child, Ma Donna’s account of her January 1997 fight with F.G. is not inconsistent with F.G.’s charge (except for the allegation of hair-pulling). An alleged single incident of borderline abuse or neglect has been held not to constitute sufficient endangerment to warrant a custody modification. See Smith, 508 N.W.2d at 227 (insufficient endangerment where child was injured by fallen cuckoo clock and mother allegedly examined clock before child). Under the circumstances, the court did not abuse its discretion in giving this incident little weight. This court has been inconsistent in categorizing a custodial parent’s efforts to isolate the child from relatives. Compare Westphal, 457 N.W.2d at 229 (<HOLDING>) with Smith, 508 N.W.2d at 227 (stating that a Options: A. holding that postadoption visitation of child who was adopted by grandparents on basis of biological parents unconditional consent was required to promote childs best interests B. holding that paramount consideration in terminationofparentalrights proceeding is best interests of the child C. holding mothers cutting off contact with grandparents to be best interests consideration but not evidence of endangerment D. holding that best interests of the child analysis requires consideration of all section 5328a factors E. holding unconstitutional a statute authorizing courts to recognize grandparents as having the same standing as parents for evaluating what custody arrangements are in the best interest of the child where the child actually resided with the grandparents in a stable relationship

assistant: The best answer is C. holding mothers cutting off contact with grandparents to be best interests consideration but not evidence of endangerment
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: No provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Employee and the Company. No waiver by either party hereto at any time of any breach by the other party hereto or compliance with any condition or provision of this Agreement to be performed by such other party will be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. Unless otherwise noted, references to “Sections” are to sections of this Agreement. The captions used in this Agreement are designed for convenient reference only and are not to be used for the purpose of interpreting any provision of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent applicable, each of the Borrower and the Restricted Subsidiaries are in compliance, in all material respects, with (i) the USA PATRIOT Act, (ii) the United States Foreign Corrupt Practices Act of 1977 (the “ FCPA ”) and (iii) the Trading with the Enemy Act, as amended, and each of the foreign assets control regulations of the United States Treasury Department (31 C.F.R. Subtitle B, Chapter V, as amended) and any other applicable enabling legislation or executive order relating thereto. Neither the Borrower nor any Restricted Subsidiary nor any director or officer, nor, to the knowledge of the Borrower, employee or agent of the Borrower or any of the Restricted Subsidiaries, is currently the subject of any U.S. sanctions administered by (a) the U.S. government, including those administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“ OFAC ”) or the U.S. Department of State, or (b) the United Nations Security Council, the European Union, any European Union member state or Her Majesty’s Treasury of the United Kingdom (“ Sanctions ”). No proceeds of the Loans will be used by the Borrower or any Restricted Subsidiary directly or indirectly, in violation of Sanctions, the USA PATRIOT Act or the FCPA or for the purpose of financing activities of or with any Person, or in any country or territory, that, at the time of such financing, is the subject of any Sanctions, or in any manner that would result in the violation of any Sanctions applicable to any party hereto.

assistant: Sanctions
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: For so long as (1) Participant is employed by the Company or any Related Company and (2) after termination of this Agreement for any reason, Participant shall not (i) use or disclose, directly or indirectly, the Company’s Proprietary Information (as defined below) for his/her own personal benefit and/or; (ii) use or disclose, directly or indirectly, the Company’s Proprietary Information (as defined below) to compete in the Company Business with any Related Company individually or on behalf of a competitor. This restriction shall apply for as long as any Proprietary Information qualifies as a trade secret under Florida law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and profits in the land.” Restüd Torts § 821E. As explained above, Plaintiffs only interest in the foreshore is that of an easement providing free ingress and egress to the abutting navigable waters. As I have already determined Plaintiffs interest in and enjoyment of this right was not disturbed by the presence of the barges, Plaintiff cannot maintain his nuisance claim based on this theory. G. Plaintiffs Failure To Mitigate Damages Even if Plaintiff had proven that Defendants trespassed on Plaintiffs land, Plaintiffs claim would fail, insofar as it relates to the two steel barges, because Plaintiff did not mitigate his damages. New York courts adhere to the universally accepted common law principle that a harmed plaintiff must mitigate damages. Air Et Chaleur, 757 F.2d at 494 (<HOLDING>); see also Hamilton v. McPherson, 28 N.Y. 72, Options: A. holding a party to a contract who is himself in default cannot maintain a suit for its breach B. holding party in breach could not maintain suit for breach of contract C. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract D. holding that the district court properly applied new yorks mitigation doctrine against plaintiff stockholders who brought suit for breach of contract E. holding that because suit requested damages for breach of contract colorado river applied even though district court characterized suit as declaratory judgment action

assistant: The best answer is D. holding that the district court properly applied new yorks mitigation doctrine against plaintiff stockholders who brought suit for breach of contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: charts, and diagrams during trial is well-established. See Markey v. State, 996 S.W.2d 226, 231 (Tex.App.-Houston [14th Dist.] 1999, no pet.) (listing numerous cases). To be admissible, objects offered as demonstrative evidence must meet the tests of relevancy and materiality, as well as the limitations imposed by rule 403. See Goode § 401.5 at 128. In contrast to mere demonstrative evidence, which is admitted solely for purposes of illustration, the trial court may, in the exercise of its discretion, admit into evidence for all purposes either “real” evidence, for example, the actual objects involved in a case, or “reproduced real” evidence, for example, photographs, maps, or drawings that approximate the actual objects or places involved in a case. See id.; Markey, 996 S.W.2d at 231 (<HOLDING>). Appellant objected to the chart when it was Options: A. holding that trial court erred but harmlessly by admitting into evidence for all purposes chart summarizing officers testimony B. holding trial court erred in finding violations based only on officers testimony based on review of probation records where states failure to admit records into evidence rendered officers testimony hearsay C. holding that the trial court had erred by excluding the expert testimony of a doctor D. holding that the trial court erred by admitting a doctors testimony that a child victims description of a sexual crime was very believable E. holding that after review the minutes were unambiguous and the trial judge erred in admitting parol evidence

assistant: The best answer is A. holding that trial court erred but harmlessly by admitting into evidence for all purposes chart summarizing officers testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: YOU AGREE WITH US: A) that the Confidential Information shall comprise all information (in whatever form, including written, oral or electronic and including material created from such information provided to us by you such as notes, reports or analyses) provided by us to you or any third party on our behalf in connection with the Proposed Transaction, including the fact that discussions relating to the Proposed Transaction are taking place between us.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement has been duly executed and delivered by Seller and constitutes its legal, valid and binding obligation enforceable against it in accordance with its terms, except as the same may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 5.1.6 , Seller has not (i) been served or threatened in writing with any court filing in any litigation with respect to any Assets in which Seller is named a party which has not been resolved, settled or dismissed and which could result in a material or adverse impact on the Assets or Seller’s title to any of the Assets or (ii) received written notice of any claim, charge or complaint from any Governmental Authority pursuant to any administrative, arbitration, or similar adjudicatory proceeding with respect to any Assets which has not been resolved, settled or dismissed.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by such Buyer of this Agreement and the Registration Rights Agreement and the consummation by such Buyer of the transactions contemplated hereby and thereby will not (i) result in a violation of the organizational documents of such Buyer, or (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which such Buyer is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws) applicable to such Buyer, except in the case of clauses (ii) and (iii) above, for such conflicts, defaults, rights or violations which could not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the ability of such Buyer to perform its obligations hereunder.

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 legal provision and list the applicable contract clause categories. Provision: Executive shall report exclusively and directly to the Chief Executive Officer of the Companies (“ CEO ”). Executive shall perform all duties normally associated with the position of CUO, and such other reasonable duties as may be assigned to him by the CEO. Executive will devote his entire working time, attention, and energies to carrying out and fulfilling his duties and responsibilities under this Agreement. Executive agrees to abide by all policies applicable to employees of the Parent Company and the Companies adopted by their respective boards of directors. Executive shall primarily perform his duties in the Companies’ Raleigh, North Carolina offices, and Executive shall relocate to Raleigh within a reasonable time after the Effective Date. Executive represents that he is able and willing to engage routine business travel as is necessary to perform his duties as CUO and to further the Parent Company’s and the Companies’ business interests.

assistant: Duties