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: but determined that she did not have “any functional restrictions ... that would preclude light work activity,” id. at 18. The ALJ described Ms. Led-ford’s residual functional capacity (RFC) as follows: lift/carry 20 pounds occasionally and 10 pounds frequently; sit 6 hours out of an 8-hour workday; stand 6 hours out of an 8-hour workday; no overhead or above shoulder work; moderate limitations to follow and carry out detailed instructions; mild to moderate occasional chronic pain but could carry out normal work assignments satisfactorily. Id. at 18-19. Relying on the testimony of a vocational expert (VE), the ALJ made alternative determinations at steps four and five of the familiar five-step sequential evaluation process. See Murrell v. Shalala, 43 F.3d 1388, 1389 (10th Cir.1994) (<HOLDING>); Williams v. Bowen, 844 F.2d 748, 750-52 (10th Options: A. holding that benefits eligibility determinations by the social security administralion are not binding on disability insurers B. holding that an eic was neither a social security benefit nor a local public assistance benefit C. recognizing the benefit of alternative determinations in the social security review process D. holding that eaja applies to court proceedings for review of social security cases E. holding a social security number is not private

assistant: The best answer is C. recognizing the benefit of alternative determinations in the social security review process
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 agrees to pay or reimburse all reasonable out-of-pocket expenses of the Depositary Bank (including reasonable fees and expenses for legal services) in respect of, or incident to, the execution, administration or enforcement of any of the provisions of this Agreement or in connection with any amendment, waiver or consent relating to this Agreement. The obligations contained in this Section 5.1 shall survive the termination of this Agreement or the resignation or removal of the Depositary Bank.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not offer any account for sale or trade , and any such offer : ( 1 ) is a violation of this agreement ; ( 2 ) may result in suspension or termination of the account at blizzard entertainment 's sole and absolute discretion ; and ( 3 ) will not be opposable to blizzard entertainment .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: need not decide that issue because the firm has not appealed. See Corroon v. Reeve, 258 F.3d 86, 91 (2d Cir.2001) ("[B]ecause more than one entity was sanctioned, [the sanctioned law firm] surely could not be viewed as an appellant, for it is not ‘a party whose intent to appeal is otherwise clear from the notice.’ ” (quoting Fed. R.App. P. 3(c)(4))). Similar to Corroon, the notice of appeal in this case states only that "Notice is hereby given that Plaintiff, DTND ... hereby appeals.” Compare Finlay v. Olive, 77 S.W.3d 520, 527 (Tex. App. — Houston [1st Dist.] 2002, no pet.) ("[A] law firm may be sanctioned for groundless pleadings filed on its behalf by an attorney employed with the firm.”), with Yuen v. Gerson, 342 S.W.3d 824, 828-29 (Tex.App.— Houston [14th Dist.] 2011, pet. denied) (<HOLDING>). Likewise, we do not address DTND’s argument Options: A. holding that defenses under rule 60b may be waived B. holding that it may not C. holding that it may be decided as a matter of law D. holding that case law interpreting rule 11 may be use to interpret rule 9011 E. holding that a law firm may not be sanctioned under rule 13 or 10004

assistant: The best answer is E. holding that a law firm may not be sanctioned under rule 13 or 10004
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 two-year statute of limitations to bar the state law claims of Plaintiffs Karen Angus, Diane Ciprian, Jason Hoane, Christopher Peira-no, and Barbara Shafer, as well as the state law claims of Eric Heberle based on paychecks he received prior to February 1, 2000. E. Liquidated Damages NHC asserts that, even if it is liable to the Plaintiffs for overtime compensation under the FLSA, it is not hable for liquidated damages. The FLSA provides for liquidated damages in an amount equal to the plaintiffs actual damages. 29 U.S.C. § 216(b). The liquidated damages are intended to compensate the plaintiff for the loss he suffered by not being paid the wages he was owed in a timely manner; they are not intended to punish the employer. McClanahan v. Mathews, 440 F.2d 320, 322-23 (6th Cir.1971) (<HOLDING>) (quoting Overnight Motor Co. v. Missel, 316 Options: A. holding that punitive damages are not allowed under the flsa B. recognizing that liquidated damages under the flsa are compensation not a penalty or punishment C. holding under flsa D. holding that liquidated damages under the adea are intended to punish and deter while contrasting them to the legislative purpose of liquidated damages under the fsla E. holding that because liquidated damages under the adea are punitive in nature a jurys award of state punitive damages and adea liquidated damages constitutes a double recovery and therefore reducing the total recovery by the amount of the liquidated damages award

assistant: The best answer is B. recognizing that liquidated damages under the flsa are compensation not a penalty or punishment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you purchase an auto-renewing periodic subscription through the service , your duolingo account will be billed continuously for the subscription until you terminate it as set forth below .

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: of § 1064(5)(C); (3) the IPC imposes certification standards other than those that the certification mark is registered to certify in violation of § 1064(5)(D); and (4) the IPC discriminately refuses to certify potatoes that meet the standards for certification, also in violation of § 1064(5)(D). All of these challenges implicate the public interest in maintaining a free market for the certified product unaffected by the possible competing economic interests of the certification mark owner. We believe these public interests are more substantial and more likely to be harmed if M & M is not allowed to press its claims than the public interests and de minimis harm alleged in the trademark-related cases that upheld contractual no-challenge provisions. See, e.g., Beer Nuts, 477 F.2d at 329 (<HOLDING>); T & T Mfg., 587 F.2d at 539 (holding Options: A. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public B. recognizing the public interest exception C. holding that general statement of intent does not override plain language of statute D. holding that public interest in guarding against depletion of general vocabulary insufficient to override contract law E. holding that the owner of an equitable interest in property in the form of a land contract can grant a mortgage on that interest under ohio law

assistant: The best answer is D. holding that public interest in guarding against depletion of general vocabulary insufficient to override contract law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: letters from Ms. Eaton’s psychotherapist. The key letter, dated April 12, 2011, states that the therapist treated Ms. Eaton from June 2004 until January 2008, and that during this period Ms. Eaton met the diagnostic criteria for post-traumatic stress disorder, that she needed a great deal of help functioning, and that her ability to manage her daily affairs “was profoundly impacted.” ¶ 17. The trial court was unpersuaded. While the letters might show that Ms. Eaton suffered from stress, trauma, and depression, the court found that they were insufficient to raise a genuine factual dispute as to her capacity to pursue her legal interests in light of the overwhelming record evidence that she actively sought to protect her rights during the period in question. See Fila, 2005 VT 77, ¶ 12 (<HOLDING>). The evidence included Ms. Eaton’s complaint Options: A. holding that party that failed to object to instruction that jury not answer a question based on its answer to the prior question waived that partys right to have the jury make findings as to the subsequent question B. holding that conclusion as to ownership of land is a legal question where parties do not dispute trial courts findings of fact C. recognizing that while generally a jury question the trial court may decide a partys capacity to pursue his or her legal rights under 551 where the evidence is insufficient to raise a factual dispute D. holding that generally the question of waiver and estoppel is a question of fact E. holding that where no factual dispute is raised no hearing is required

assistant: The best answer is C. recognizing that while generally a jury question the trial court may decide a partys capacity to pursue his or her legal rights under 551 where the evidence is insufficient to raise a factual dispute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES TO THIS AGREEMENT HEREBY AGREES TO WAIVE ITS RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY OTHER DOCUMENT OR INSTRUMENT BETWEEN THE PARTIES RELATING TO THIS AGREEMENT, THE PROPERTY OR ANY DEALINGS BETWEEN THE PARTIES HERETO RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THAT RELATIONSHIP, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, ANTITRUST CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON-LAW OR STATUTORY CLAIMS. EACH PARTY HERETO ACKNOWLEDGES THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT AND ALL OTHER AGREEMENTS AND INSTRUMENTS PROVIDED FOR HEREIN, AND THAT EACH WILL CONTINUE TO RELY ON THIS WAIVER IN THEIR RELATED FUTURE DEALINGS. EACH PARTY HERETO FURTHER WARRANTS AND REPRESENTS THAT IT HAS REVIEWED THIS WAIVER WITH LEGAL COUNSEL OF ITS OWN CHOOSING, OR HAS HAD AN OPPORTUNITY TO DO SO, AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS HAVING HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THIS AGREEMENT OR ANY OTHER AGREEMENT OR DOCUMENT ENTERED INTO BETWEEN THE PARTIES IN CONNECTION WITH THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT WITHOUT A 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 legal provision and list the applicable contract clause categories. Provision: A waiver by any party of any of the terms and conditions of this Agreement in any one instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof, nor shall it be deemed a waiver of performance of any other obligation hereunder.

assistant: Waivers
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 PRSUs subject to the Award shall vest in accordance with the Vesting Schedule set forth in Exhibit B to the Grant Notice. Unless and until the PRSUs have vested in accordance with the Vesting Schedule set forth in the Grant Notice, Participant will have no right to any distribution with respect to such PRSUs. Unless otherwise provided in Exhibit B to the Grant Notice, in the event of Participant’s Termination of Service prior to the vesting of all of the PRSUs, any unvested PRSUs will terminate automatically without any further action by the Company and be forfeited without further notice and at no cost to the Company.

assistant: Vesting
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 validity, interpretation, construction and performance of this Second Amendment shall be governed by the laws of the State of Florida, without regard to its conflicts of law principles. Except as specifically amended by this Second Amendment, the Employment Agreement, as amended by the First Amendment, shall remain unaffected and in full force and effect.

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 case excerpt and choose the best holding from the options. Case excerpt: enforcement proceedings as the cause or causes of the disaster are investigated.” Id. ¶ 8. Further, as the Page Declaration sufficiently states, “[r]eleasing the transcript of a key witness such as Mr. Hardman, before other witnesses are called back or interviewed for the first time, may compromise the integrity of the investigation as these witnesses would have access to Mr. Hardman’s information and conclusions on enforcement activities at the Upper Big Branch Mine.” Id. Because the defendants asserted Exemption 7(A) to prevent interference from ongoing investigations and enforcement proceedings, defendants properly asserted the Exemption. See North, 881 F.2d at 1097; Nat’l Labor Relations Bd. v. Robbins Tire & Rubber Co., 437 U.S. 214, 243, 98 S.Ct. 2311, 57 L.Ed.2d 159 (1978) (<HOLDING>). C. FOIA Exemption 7(C) Exemption 7 applies to Options: A. holding that the release statements of witnesses would necessarily interfere with enforcement proceedings B. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial C. holding that criminal defendants are entitled to obtain for impeachment purposes statements made by government witnesses to government agents that relate to the subject matter of the witnesses direct testimony D. holding that outofcourt statements by witnesses that are testimonial in nature are barred under the confrontation clause unless witnesses are unavailable and the defendant had a prior opportunity to crossexamine them E. holding that the doctrine of commonlaw privilege that grants immunity to witnesses in quasijudicial proceedings does not extend to disciplinary proceedings against a state employee who makes false statements in the course of an official investigation

assistant: The best answer is A. holding that the release statements of witnesses would necessarily interfere with enforcement proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a result of filing numerous suits and appeals due to filing affidavits of indigence at all court levels, this Court finds that an appropriate sanction to prevent [Akinwamide] from filing further groundless suits is paying $500 to the Clerk of the Court and $2500 to the Defendants to cover reasonable expenses and. costs, including reasonable attorney’s fees. We conclude that, to the extent the trial court’s sanctions order does not state with sufficient specificity the rationale behind the sanctions imposed, the trial court’s findings of fact and conclusions of law do supply the necessary particulars, and any deficiency in the sanctions order does not constitute reversible error. See Univ. of Tex. at Arlington v. Bishop, 997 S.W.2d 350, 355-56 (Tex.App.-Fort Worth 1999, pet. denied) (<HOLDING>). We hold that thé trial court did not abuse Options: A. holding that a trial courts judgment must comply with the statutory requirement that the judgment contain written findings of fact and conclusions of law B. holding that the district court committed reversible error by imposing criminal sanctions in a civil proceeding which did not afford the contemnor the procedural protections the constitution requires for the imposition of criminal contempt sanctions C. holding sanctions order was too general to support award D. holding sanctions order not final where the amount of sanctions had not yet been determined E. holding that while sanctions order did not meet specificity requirement of section 10005 trial courts findings of fact and conclusions of law supplied necessary particulars and thus deficient sanctions order did not constitute reversible error

assistant: The best answer is E. holding that while sanctions order did not meet specificity requirement of section 10005 trial courts findings of fact and conclusions of law supplied necessary particulars and thus deficient sanctions order did not constitute reversible error
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not submit or publish through the skype website or software any user submissions that are libelous , defamatory , pornographic , harassing , hateful , an invasion of privacy , obscene , abusive , illegal , racist , offensive , harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party , or would otherwise violate the rights of any third party or give rise to civil or criminal liability .

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: ARB are petitioner’s answers on hospital applications that she subsequently submitted. In May 2005, she submitted an application for reappointment to the medical staff at St. Vincent’s, answering “no” to the question “[have] your medical staff appointment or clinical privileges ever been terminated, revoked, suspended, refused, reduced, limited or not renewed in any other hospital or health care institution or is such action pending?” (Emphases added.) She also left blank the attached section where “full details” were requested if the question were answered affirmatively. Thereafter, SIUH advised St. Vincent’s by letter that petitioner’s request for appellate review of the SIUH Executive Committee’s decision upholding the summary suspension had not yet occurred and, thus, the agreement (<HOLDING>) remained in effect until those review Options: A. holding portions of summary judgment motion in abeyance pending an evidentiary hearing B. holding summary judgment motions in abeyance for possible evidentiary hearing C. holding that a remote tippee must know that original exchange was given in exchange for benefit D. holding the suspension in abeyance in exchange for not exercising privileges E. holding that the witness had accepted immunity in exchange for no prosecution

assistant: The best answer is D. holding the suspension in abeyance in exchange for not exercising privileges
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: 1279, 1287 (10th Cir. 1997). See K.L. House Constr. Co. v. City of Albuquerque, 1978-NMSC-025, ¶ 8, 91 N.M. 492, 576 P.2d at 754 (Stating that “the courts only decide the threshold question of whether there is an agreement to arbitrate. If so, the court should order arbitration”). “Like other contracts ... [arbitration agreements] may be invalidated by ‘generally applicable contract defenses, such as fraud, duress, or uncon-scionability.’” Rent-A-Center, West, Inc. v. Jackson, 561 U.S. at 68, 130 S.Ct. 2772 (quoting Doctor’s Assocs., Inc. v. Casarotto, 517 U.S. 681, 687, 116 S.Ct. 1652, 134 L.Ed.2d 902 (1996)). See Cornoyer v. AT & T Mobility Servs., LLC, 2016 WL 6404853, at *8-11. Cf. K.L. House Construction Co. v. City of Albuquerque, 1978-NMSC-025, ¶ 8, 91 N.M. 492, 576 P.2d at 754 (<HOLDING>). LAW REGARDING GUARDIAN APPOINTMENTS AND Options: A. holding that an arbitration clause encompassing all disputes under a contract covers any dispute between the parties that has a significant relationship to the contract B. holding that because the contract dispute between the parties in this case constitutes a justiciable matter that is cognizable in our trial courts our courts had subject matter jurisdiction C. holding that an action to compel arbitration accrues only when the respondent unequivocally refuses to arbitrate either by failing to comply with an arbitration demand or by otherwise unambiguously manifesting an intention not to arbitrate the subject matter of the dispute D. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties E. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract

assistant: The best answer is E. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the 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: 3 . In Oregon, the Circuit Court serves as the state trial court of general jurisdiction. Circuit Courts also review petitions for post-conviction review. Bailey’s Motion for a New Trial and petition for state post-conviction relief were therefore both heard at the Circuit Court level, albeit in different judicial districts. 4 . Although Strickler had not been decided at the time of the State court's judgment, that case simply articulated principles that were well established at the time the state court reviewed Bailey's Brady claim. See, e.g., Kyles v. Whitley, 514 U.S. 419, 433-434, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995) (review ing the requirements and discussing the materiality standard at length); United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985) (<HOLDING>); Agurs, 427 U.S. at 107, 96 S.Ct. 2392 Options: A. holding that material favorable to the accused must be either evidence which serves to impeach a government witness credibility or evidence which is directly exculpatory of the defendant emphasis added B. holding that the reference to any court encompasses both state and federal courts C. holding that favorable evidence encompasses both exculpatory and impeachment evidence and articulating the materiality standard D. holding that term court encompasses trial by both judge and jury E. holding impeachment evidence falls within the brady rule

assistant: The best answer is C. holding that favorable evidence encompasses both exculpatory and impeachment evidence and articulating the materiality standard
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: Tenant represents and warrants that it has dealt with no broker or other party entitled to a commission or broker’s fee in connection with this Amendment other than Landlord or Landlord’s managing agent and Newmark Grubb Knight Frank, exclusively representing Tenant for the purpose of this Amendment only, and hereby agrees to indemnify Landlord for any other claims for commissions or broker’s fees by any parties based on dealing with Tenant in connection with this Amendment.

assistant: Brokers
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 contract requiring progressive disciplinary steps before management employees are terminated. According to Appellants, management employees were made aware of the manual’s contents in various ways. See, e.g., Appellants’ Br. 4 (stating that management employees were “notified ... of the manual and the mandatory progressive disciplinary policy contained therein” and that “Amtrak informed them of the substance of PERS16, 1988 Edition”); see also id. at 22; Compl. 111130-32, 53. However, Appellants concede that the manual was not distributed to all management employees. Appellants’ Br. 4; Compl. 1J1123, 26. Thus, Appellants’ claim fails. See Sisco, 689 A.2d at 53; Nickens, 600 A.2d at 817; cf. Swengler v. ITT Corp. Electro-Optical Prods. Div., 993 F.2d 1063, 1070 (4th Cir.1993) (<HOLDING>). In some situations an employer’s oral Options: A. holding enforceable employee manual that was distributed to all employees B. holding that no implied contract arises from policy manuals which are not generally distributed to employees but which are instead provided only upon request C. holding that time limits in title vii are not jurisdictional but are instead like statutes of limitations D. holding that generally punitive damages are not available for a breach of contract E. holding that internal policy memorandum not generally distributed to employees did not create an implied condition to an employees contract even though that employee had requested an obtained a copy

assistant: The best answer is B. holding that no implied contract arises from policy manuals which are not generally distributed to employees but which are instead provided only upon request
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: Dr. Callahan to present evidence of successful lumbar fusion surgeries involving pedicle screws performed by him and possibly to present his own calculation of how many pedicle screws he had properly placed in the past. Thus, the danger of unfair prejudice, confusion of issues, misleading the jury, and potential undue delay substantially outweighed the limited legitimate probative value of the other acts evidence. Several courts have excluded evidence similar to that which Plaintiffs sought to introduce. See Lai v. Sagle, 373 Md. 306, 818 A.2d 237, 247 (2003) (noting that “[t]he fact of prior litigation has little, if any, relevance to whether [defendant] violated the applicable standard of care in the immediate case.”); Laughridge v. Moss, 163 Ga.App. 427, 294 S.E.2d 672, 674 (1982) (<HOLDING>); Cerniglia v. French, 816 So.2d 319, 322-25 Options: A. holding that evidence of prior similar acts was not proof of medical malpractice or whether the doctor lacked the proper degree of knowledge or skill B. holding that trial court did not err in refusing instruction that would have directed jurors not to consider specific acts of negligence in determining medical centers liability C. holding prior bad acts evidence is admissible where there is an articulation or identification of the consequential fact to which the proffered evidence of other acts is directed D. holding that the trial court did not err in disallowing evidence of alleged previous act of medical malpractice against defendant noting that the general rule in a suit for negligence is that evidence of similar acts or omissions on other and different occasions is not admissible E. holding that trial court did not err

assistant: The best answer is D. holding that the trial court did not err in disallowing evidence of alleged previous act of medical malpractice against defendant noting that the general rule in a suit for negligence is that evidence of similar acts or omissions on other and different occasions is not admissible
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: UNLESS EXPRESSLY PROVIDED IN ANY LOAN DOCUMENT, THIS AGREEMENT, THE OTHER LOAN DOCUMENTS AND ALL CLAIMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES EXCEPT FEDERAL LAWS RELATING TO NATIONAL BANKS.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided , however , (x) that Cash Collateral furnished by or on behalf of the Borrower or a Subsidiary shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 8.03 ) and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant, at its cost, shall maintain the Premises in good condition, including any repair of any mechanical, electrical, plumbing, or structural failures occurring during the term. Tenant shall pay all property, use, or other similar taxes attributable to the Premises. This Lease is a triple net lease. Landlord shall have no responsibility for maintenance of the Premises.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Amendment or the application of any such provision to any person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof.

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: false promise, or misrepresentation in connection with a consumer transaction.” Va.Code Ann. Sec. § 59.1-200. Just as Fannie Mae had not provided any plaintiff with any goods or services, neither has Freddie Mac provided any plaintiff with any goods or services, either directly or indirectly. For this reason alone, plaintiffs cannot state a claim against Freddie Mac under the VCPA. See Siradas v. Chase Lincoln First Bank, Civil Action No. 98-4028, 1999 WL 787658, *9 (S.D.N.Y. Sept. 30, 1999) (concluding that Freddie Mac was not subject to the VCPA because it was not a “supplier” to plaintiffs and did not engage in “consumer transactions” within the meaning of the VCPA); see also Murray v. Dryvit Systems, Inc., Civ. No. 01-04-7383, 2002 WL 32072493, *4-5 (Va.Cir.Ct. July 15, 2002) (<HOLDING>). In addition, other courts have concluded that Options: A. holding that homeowner plaintiff could not state a claim under the vcpa against manufacturer of the synthetic stucco sold to contractor who built and sold home to plaintiff B. holding that insurance carrier for defendant contractor was real party in interest as to third party claim against stucco manufacturer when plaintiff homeowners assigned their right to sue for defects in their house to insurance carrier C. holding that a subcontractors lack of a license under the act does not bar a claim for indemnity or contribution by the contractor in a suit by the homeowner against the contractor because the public policy embodied in the act and berenter is to protect the public not unlicensed contractors D. holding that a homeowner established E. holding that a company that cut removed and sold timber from land that secured a debt held by the plaintiff was liable as a matter of law under the gtccs because it had not first obtained the written consent of the plaintiff

assistant: The best answer is A. holding that homeowner plaintiff could not state a claim under the vcpa against manufacturer of the synthetic stucco sold to contractor who built and sold home to plaintiff
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: P.2d 664, 665-66 (Colo.1988) (reviewing a party's challenge to Denver's zoning code on due process and equal protection grounds). Additionally, the parties have not argued that the findings of the Planning Commission were insufficient or that the record failed to support the findings. Mindful of the task before us, we continue with a brief overview of the Zoning Code. B The Colorado Constitution explicitly grants Colorado Springs, a home-rule city, broad legislative authority to draft and implement its charter and ordinances regarding local and municipal matters See Colo. Const. art. XX, § 6. On several occasions, we have categorized zoning as a local and municipal. matter for purposes of this constitutional section. See, e.g., Voss v. Lundvall Bros., 830 P.2d 1061, 1064 (Colo.1992) (<HOLDING>); City of Greeley v. Ells, 186 Colo. 352, 358, Options: A. recognizing the municipal authority to regulate traffic implies broad authority B. holding amount of fee for municipal inspection of gasoline and oil may be set by citys legislative department within reasonable limits C. recognizing that the exercise of zoning authority within a home rule citys municipal borders is a matter of local concern D. recognizing authority of legislature to choose officers of municipal corporations E. recognizing broad powers of state government to regulate alcohol within their borders

assistant: The best answer is C. recognizing that the exercise of zoning authority within a home rule citys municipal borders is a matter of local concern
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: hearing into a trial on the merits. Pipitone v. Biomatrix, Inc., 288 F.3d 239, 250 (5th Cir.2002). In this regard, courts have sensibly held that a district court has broad discretion in deciding how to resolve a Daubert challenge. In particular, a hearing is not necessary in all cases, as the submissions of the parties may provide a sufficient basis to determine if the proffered testimony is admissible. See Kumho Tire Co. v. Carmichael, 526 U.S. 137, 142, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999) (noting that a district court has “the same broad latitude when it decides how to determine [the] reliability [of expert testimony] as it enjoys in respect to its ultimate reliability determination”) (emphasis in original); see also United States v. Beasley, 495 F.3d 142, 150 (4th Cir.2007) (<HOLDING>). III. A. Testimony of George Robbins The Options: A. recognizing that the decision of whether to give a jury instruction is reviewed for abuse of discretion B. holding that the imposition of sanctions is reviewed for abuse of discretion C. holding that district courts decisions about the propriety of hearing declaratory judgment actions should be reviewed for abuse of discretion D. holding that a district courts decision on whether to hold a daubert hearing is reviewed only for abuse of discretion E. recognizing that a district courts dismissal of an independent action under rule 60b is reviewed for abuse of discretion

assistant: The best answer is D. holding that a district courts decision on whether to hold a daubert hearing is reviewed only for abuse of discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall retain in confidence any and all confidential information concerning the Company and its respective business which is now known or hereafter becomes known to Executive, except as otherwise required by law and except information (i) ascertainable or obtained from public information, (ii) received by Executive at any time after Executive's employment by the Company shall have terminated, from a third party not employed by or otherwise affiliated with the Company or (iii) which is or becomes known to the public by any means other than a breach of this Section 11. Upon any termination of Executive's employment, Executive shall not take or keep any proprietary information or documentation belonging to the Company. Nothing in this Agreement limits, restricts or in any other way affects Executive’s communicating with any governmental agency or entity, or communicating with any official or staff person of a governmental agency or entity, concerning matters relevant to the governmental agency or entity that do not constitute attorney-client privileged information of the Company. Executive cannot be held criminally or civilly liable under any federal or state trade secret law for disclosing a trade secret (1) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law, or (2) in a complaint or other document filed under seal in a lawsuit or other proceeding. Notwithstanding this immunity from liability, Executive may be held liable if the Executive unlawfully accesses trade secrets by unauthorized means.

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 legal provision and list the applicable contract clause categories. Provision: Each of the Lenders and the Issuing Bank hereby irrevocably appoints the Administrative Agent as its agent and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof and the other Loan Documents, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the Issuing Bank, and neither the Borrower nor any Guarantor shall have rights as a third party beneficiary of any of such provisions.

assistant: Powers
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, whether or not the transactions contemplated hereunder are consummated or this Agreement is terminated, in accordance with the provisions of Section 11 hereunder, will pay all expenses incident to the performance of its obligations hereunder, including, but not limited to, expenses relating to (i) the preparation, printing and filing of the Registration Statement and each amendment and supplement thereto, of each Prospectus and of each amendment and supplement thereto, (ii) the preparation, issuance and delivery of the Placement Shares, (iii) the qualification of the Placement Shares under securities laws in accordance with the provisions of Section 7(d) of this Agreement, including filing fees ( provided, however , that any fees or disbursements of counsel for Cowen in connection therewith shall be paid by Cowen except as set forth in (vii) and (viii) below), (iv) the printing and delivery to Cowen of copies of the Prospectus and any amendments or supplements thereto, and of this Agreement, (v) the fees and expenses incurred in connection with the listing or qualification of the Placement Shares for trading on Nasdaq, (vi) the filing fees and expenses, if any, of the Commission, (vii) any stamp or transfer taxes in connection with the original sale and issuance of the Placement Shares, (viii) the filing fees and associated legal expenses of Cowen’s outside counsel for filings with the FINRA Corporate Financing Department, such legal expense reimbursement not to exceed $10,000 and (ix) the reasonable fees and disbursements of Cowen’s counsel in an amount not to exceed $50,000.

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: All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding. The provisions of Section 2.15 , Section 2.16 , Section 2.17 and Section 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loan, or the termination of this Agreement or any provision hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: requirement that a defendant be advised of such collateral consequences in order for his guilty plea to be valid. Thus, Hall’s counsel was not required to inform Hall that he could face a sentence without parole if he rejected the initial plea offer. Accordingly, the trial court did not err in finding that Hall failed to show that his plea counsel rendered ineffective assistance. Judgment affirmed. Mikell, P. J., and Boggs, J., concur. C. Paul Bowden, District Attorney, Kevin E. Hutto, Assistant District Attorney, for appellee. 1 The truck was registered to Hall, who was subsequently arrested. 2 See OCGA § 16-7-1 (a). 3 Rice v. State, 277 Ga. 649, 649 (594 SE2d 335) (2004). 4 See OCGA § 15-6-3 (39) (A). 5 See Williams v. State, 301 Ga. App. 849, 851 (1) (689 SE2d 124) (2010) (<HOLDING>); Maples v. State, 293 Ga. App. 232, 233 (1) Options: A. holding the trial court abused its discretion in denying the defendants motion to withdraw his guilty plea because the defendant did not admit to facts demonstrating the required mental state B. holding that trial court lacked jurisdiction to consider defendants motion to withdraw guilty plea filed beyond term of court in which defendant was sentenced C. holding that a motion to withdraw a guilty plea was not pending because nothing was left for the court to decide D. holding that a defendant may withdraw a guilty plea as a matter of right before it is accepted by the court based on ndr crim p 32d3 which states that a defendant may not withdraw his plea of guilty as a matter of right once the plea has been accepted by the court alteration in original E. holding that district court did not abuse its discretion in denying a motion to withdraw guilty plea filed three weeks after entering the plea

assistant: The best answer is B. holding that trial court lacked jurisdiction to consider defendants motion to withdraw guilty plea filed beyond term of court in which defendant was sentenced
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF ANY OHIO STATE COURT OR FEDERAL COURT OF THE UNITED STATES OF AMERICA SITTING IN CUYAHOGA COUNTY, OHIO, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH OHIO STATE OR, TO THE EXTENT PERMITTED BY LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY RIGHT THAT ANY PARTY MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT, THE NOTES OR ANY OTHER LOAN DOCUMENT IN THE COURTS OF ANY JURISDICTION.

assistant: Jurisdictions