flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be deemed to have been executed and delivered within the state of New Jersey, and it shall be construed, interpreted, governed, and enforced in accordance with the laws of the state of New Jersey without regard to conflict of law principles. To the extent that either party seeks injunctive relief in any court having jurisdiction for any claim relating to the alleged misuse or misappropriation of trade secrets or confidential or proprietary information, each party hereby consents to personal and exclusive jurisdiction and venue in the state and federal courts of the state of New Jersey.

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: No provision of this Agreement shall be modified, waived or discharged unless the modification, waiver or discharge is agreed to in writing and signed by Employee and by an authorized officer of the Company (other than Employee). No waiver by either party of any breach of, or of compliance with, any condition or provision of this Agreement by the other party shall be considered a waiver of any other condition or provision or of the same condition or provision at another time.

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 case excerpt and choose the best holding from the options. Case excerpt: of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Guzman contends the district court erred by denying his request for a minor role adjustment pursuant to U.S.S.G. § 3B1.2(b). Guzman failed to carry his burden of proving that he is entitled to such an adjustment. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006). Among other things, Guzman knowingly transported a substantial amount of narcotics, see United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000), and planned on accepting money in return, see United States v. Davis, 36 F.3d 1424, 1437 (9th Cir.1994). Therefore, the district court did not clearly err by declining to apply a minor role adjustment. See Cantrell, 433 F.3d at 1283-84 (<HOLDING>); United States v. Howard, 894 F.2d 1085, 1091 Options: A. holding that district courts decision regarding defendants minor role status was not clearly erroneous B. holding role enhancement was not clearly erroneous where district court made credibility decision to believe codefendants statements C. holding that the trial courts conclusion regarding an easement of necessity was clearly erroneous D. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record E. holding that district courts findings were not clearly erroneous where there was sufficient evidence that the defendants waiver of his rights was knowing and intelligent

assistant: The best answer is A. holding that district courts decision regarding defendants minor role status was not clearly erroneous
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 shall become effective as of [ ] (the “ Increase Effective Date ”), subject to (a) the satisfaction of the conditions set forth in Section 2.06(d) of the Credit Agreement and (b) the Administrative Agent’s receipt of counterparts of this Agreement duly executed on behalf of Existing Lender and the Borrower.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the charges brought against a defendant. The Supreme Court in Koon v. United States, — U.S. -, -, 116 S.Ct. 2035, 2046-47, 135 L.Ed.2d 392 (1996), however, recognized that judicial discretion plays a role in sentencing and that sentences resulting from guideline departures are appropriate in certain circumstances. Koon sends a signal to appellate courts to extend a greater measure of deference to district courts’ discretion in sentencing. In this case, Judge Melloy, an experienced jurist, made a fair and reasonable decision supported by adequate grounds for departing. We should affirm. II. DISCUSSION In Koon, the Supreme Court instructed appellate courts to accord sentencing courts greater discretion in their decisions to depart from the guidelines. Koon, — U.S. at -, 116 S.Ct. at 2043 (<HOLDING>); see also United States v. McNeil, 90 F.3d Options: A. recognizing that the standard of review for issues of statutory interpretation and construction is de novo B. holding that review of the denial of a motion to compel arbitration is under the de novo standard C. recognizing abuse of discretion rather than de novo standard of review D. holding that the appropriate standard of review is abuse of discretion E. holding that the appellate standard of review of ineffectiveness claim is de novo

assistant: The best answer is C. recognizing abuse of discretion rather than de novo standard of review
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: During the pendency of such action with respect to any Third Party IP Claim, at the other Party’s request, the Party responsible for defending or enforcing any such action (the “ Responsible Party ”) shall provide the other Party with all information reasonably requested regarding the status of such action (subject to the other Party entering into a common interest agreement if requested by the Responsible Party, and without disclosing any information that would compromise attorney-client privilege or similar privileges). All materials provided by the Responsible Party to the other Party shall be treated as the Responsible Party’s Confidential Information. In any action or defense initiated by the Responsible Party, the other Party shall be entitled to, and if legally required shall, join the action so long as the Responsible Party retains at all times the sole right to direct and control the action (including the choice of its own counsel). The other Party is entitled to be independently represented by counsel of its choice, at its expense. When either Party is bringing or defending an action with respect to any Third Party IP Claim, then (a) upon request by the Responsible Party, the other Party will assist in the defense against or enforcement of such action at the other Party’s costs, including if required or desirable to bring, maintain or prove damages in such action, furnishing a power of attorney, furnishing documents and information, cooperating in discovery, providing access to witnesses (including inventors) and executing all necessary documents as such Party may request, and (b) neither Party shall settle, consent to judgment or otherwise voluntarily dispose of the suit or action without the prior written consent of the other Party, which consent shall not be unreasonably delayed, conditioned, or withheld if such settlement, consent to judgment or other voluntary disposition does not impose any liability on the other Party (other than liability that is fully satisfied by the settling Party on behalf of the other Party) and does not impose any restrictions on the other Party.

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: in this case, we are asked whether the State can retry a defendant where he has fully served his sentence. We hold under the facts of this case the State is precluded from retrying the defendant, and we reverse the trial court’s order granting the State’s motion to vacate appellant’s original conviction and amend the information. FACTS ¶2 In 1994, Terrance Hall was convicted of second degree felony murder. In 2002, this court held that felony murder charges cannot be based on assault as the predicate felony. In re Pers. Restraint of Andress, 147 Wn.2d 602, 56 P.3d 981 (2002). In December 2004, the Department of Corrections gave notice to all inmates who could be affected by our decisions in Andress and Hinton. In re Pers. Restraint of Hinton, 152 Wn.2d 853, 100 P.3d 801 (2004) (<HOLDING>). 13 In response, although many inmates filed Options: A. holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder B. holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense C. holding premeditated murder and felony murder are the same crime with various means of commission D. holding error is not harmless when the accused is convicted of firstdegree murder on a general verdict after a trial in which premeditation and felony murder theories are espoused if the felony underlying the felony murder charge is based on a legally unsupportable theory E. holding that personal restraint petitions vacating felony murder convictions under andress are not subject to the one year statutory limit

assistant: The best answer is E. holding that personal restraint petitions vacating felony murder convictions under andress are not subject to the one year statutory limit
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 below, the Parties agree to keep confidential and not disclose, describe, or discuss, either directly or indirectly, in any manner whatsoever, any information regarding the terms or substance of this Settlement Agreement to or with any person or entity. The Parties may disclose only that the dispute was satisfactorily resolved.

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: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the twelve months preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Documents ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Documents prior to the expiration of any such extension. As of their respective dates, the SEC Documents complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable. None of the SEC Documents, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Documents comply in all material respects with applicable accounting requirements and the rules and regulations of the SEC with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments. Except as set forth in the SEC Documents, the Company has received no notices or correspondence from the SEC relating to the SEC Documents for the one year preceding the date hereof . The SEC has not commenced any enforcement proceedings against the Company or any of its Subsidiaries.

assistant: Financial Statements
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 pay the Employee a fixed salary (“Base Salary”) at a rate of Two Hundred Forty Thousand Dollars ($240,000.00) per year. The Board of Directors shall review the Employee’s Base Salary annually with a view to increasing such Base Salary if, in the judgment of the Board of Directors, the earnings of the Company or the services of the Employee merit such an increase. Base Salary will be payable in accordance with the customary payroll practices of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the majority also emphasizes that Kemp, in the letter to Senator Armstrong, sought help in her dispute with CSU rather than to communicate a racial and sexual discrimination problem to the public. Maj. op. at 504-505. Kemp’s primary purpose of alerting Senator Armstrong to her alleged problems with racial and sexual discrimination at work and during the grievance proceedings, however, does not resolve the balancing of interests in the State’s favor. The fact that the employee has a personal stake in the controversy that is the subject of the speech in question does not mean that the State’s interest in fulfilling its responsibilities to the public outweighs the employee’s interests in commenting upon matters of public concern. Rode v. Del-larciprete, 845 F.2d 1195, 1202 (3d Cir. 1988) (<HOLDING>). In addition, in balancing Kemp’s interests Options: A. holding that an employee suspended because of the employees participation in an interview concerning her employment problems with a state police department did not impermissibly affect the states interest in the efficiency and performance of the police department and that the employee therefore was entitled to damages arising from the suspension B. holding that a state department of transportation employee was subject to patronage dismissal where his duties included serving as a liaison between the director of the department and the general public and other government officials including representing the department at meetings and conferences C. holding that the pittsburgh police department did not illegally terminate an officers hla benefits and that the police department was entitled to a subrogation interest against the officers thirdparty settlement D. holding that the company administering a selfinsurance program for the department of transportation was an agent for the department and was therefore immune from suit E. holding that a police department is not a person within the meaning of section 1983

assistant: The best answer is A. holding that an employee suspended because of the employees participation in an interview concerning her employment problems with a state police department did not impermissibly affect the states interest in the efficiency and performance of the police department and that the employee therefore was entitled to damages arising from the suspension
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: determining causation, to utilize the 1987 acceptance rate and allowance to demark January 1, 2000, as the first date on which DOE was obligated to accept SNF from Rancho Seco. In effect, the Federal Circuit ruled that the court made the wrong inquiry. The court should have determined whether, in the non-breach world, SMUD would have continued or abandoned decommissioning Rancho Seco and implementing the dry storage project in light of the 1987 acceptance rate and allowance, i.e. by January 1, 2000. SMUD IV, 293 Fed.Appx. at 770 (“The difficulty with the distinction drawn by the Court of Federal Claims ... is that the court made its determination without explicitly discerning the rate at which the Department would have accepted SMUD’s waste in a non-breach world.”); see also id. at 771 (<HOLDING>) (emphasis added). At the Post-Remand Options: A. holding that the court first must determine the snf and hlw acceptance rate under the standard contract and then apply that rate in determining the substantial cause of smuds costs B. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate C. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate D. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine E. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract

assistant: The best answer is A. holding that the court first must determine the snf and hlw acceptance rate under the standard contract and then apply that rate in determining the substantial cause of smuds costs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated in the absolute discretion of the Representative, by notice to the Company, if after the execution and delivery of this Agreement and on or prior to the Closing Date (i) trading generally shall have been suspended or materially limited on the New York Stock Exchange or The NASDAQ Stock Market or the over-the-counter market; (ii) trading of any securities issued or guaranteed by the Company or any of the Guarantors shall have been suspended on any exchange or in any over-the-counter market; (iii) a general moratorium on commercial banking activities shall have been declared by federal or New York State authorities; or (iv) there shall have occurred any outbreak or escalation of hostilities or any change in financial markets or any calamity or crisis, either within or outside the United States, that, in the judgment of the Representative, is material and adverse and makes it impracticable or inadvisable to proceed with the offering, sale or delivery of the Securities on the terms and in the manner contemplated by this Agreement, the Time of Sale Information and the Offering Memorandum.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. Signatures sent by telecopy or PDF file shall constitute originals.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, and interpretation of this Agreement and the performance of the obligations imposed by this Agreement shall be governed by the internal laws of the State of Illinois applicable to agreements made and wholly to be performed in such state without regard to conflicts of law provisions of any jurisdiction.

assistant: Applicable 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: Each Loan Party has good, indefeasible and marketable title to or a valid and subsisting leasehold interests in, all of its real Property and all of its other Property, in each case, free and clear of all Liens except Permitted Liens. The provisions of this Agreement and the other Loan Documents create legal and valid Liens on all of the Collateral in favor of the Administrative Agent, for the benefit of the Secured Parties, and such Liens constitute perfected and continuing Liens on the Collateral (in each case to the extent perfection may be achieved by (i) filing Uniform Commercial Code financing statements, and (ii) taking the other steps required pursuant to the Security Documents), securing the Obligations, enforceable against the applicable Loan Party and all third parties (subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of a proceeding in equity or at Law), and having priority over all other Liens on the Collateral except in the case of (a) Permitted Liens, to the extent any such Permitted Liens would have priority over the Liens in favor of the Administrative Agent pursuant to any applicable law or agreement and (b) Liens perfected only by possession (including possession of any certificate of title) to the extent the Administrative Agent has not obtained or does not maintain possession of such Collateral.

assistant: Liens
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: During the Term and thereafter, the Executive agrees to reasonably assist and cooperate with the Company and/or any Affiliate (and their outside counsel) at mutually convenient times and places in connection with the defense or prosecution of any claim that may be made or threatened against or by the Company or any Affiliate, or in connection with any ongoing or future investigation or dispute or claim of any kind involving the Company or any Affiliate, including any proceeding before any arbitral, administrative, judicial, legislative, or other regulatory body or agency, including preparing for and testifying in any proceeding to the extent such claims, investigations or proceedings materially relate to services performed or required to be performed by the Executive, or pertinent knowledge possessed by the Executive, in each case, other than any such proceeding in which the Executive and the Company and/or its Affiliates are adverse parties to one another or are reasonably likely to be or which relate to matters exclusively related to the period after termination of the Executive's employment with the Company. Upon presentment to the Company of appropriate documentation, the Company will pay directly or reimburse the Executive for the reasonable out-of-pocket expenses incurred as a result of such cooperation.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: other than as expressly set forth in this agreement , subscriber may not copy , modify , publish , transmit , upload , participate in the transfer or sale of , reproduce ( except as provided in this section ) , create derivative works based on , distribute , perform , display , or in any way exploit , any of the content , software , materials , or services in whole or in part .

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: generate sufficient revenues to settle the judgment against it. These measures may include but are not limited to a combination of those specified in Conclusion Of Law Numbers 3-9 [of the Order]. According to the Commission, Engelman retains discretion at this stage to choose the means by which it can raise revenue, whether it elects to sell some combination of the assets identified in the Order or to utilize other means not considered by the Commission or the ALJ, including entering into agreements with Shields Brothers to restructure the debt. There is scant authority construing the forced-sale prohibition contained in article XI, apart from a handful of cases involving liens against public building projects. See, e.g., Atascosa County v. Angus, 83 Tex. 202, 18 S.W. 563, 563 (1892) (<HOLDING>); City of LaPorte v. Taylor, 836 S.W.2d 829, Options: A. holding that a valid judgment hen is enforceable against the property of the estate recovered by the trustee B. holding that a reasonable contractedfor limitations period that is not contrary to public policy is generally enforceable C. holding that waivers of 2255 collateral attack rights must be expressly stated to be enforceable D. holding that the legislatures rules of procedure are not reviewable except on constitutional grounds E. holding that builders hen is not enforceable against public buildings and grounds except as expressly permitted by statute

assistant: The best answer is E. holding that builders hen is not enforceable against public buildings and grounds except as expressly permitted by statute
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: at *4 (W.D.N.Y. July 24, 2014) (dismissing an Eighth Amendment claim where the complaint failed to allege “that [the] [p]laintiff suffered harm or physical injury”); Flemming v. Kemp, No. 09-CV-1185, 2012 WL 4094196, at *13 (N.D.N.Y. Aug. 30, 2012) (finding insufficient the plaintiffs “allegations that the use of chemical agents was excessive force” where “the use of such chemicals did not cause any harm or pain to [him]”), adopted by 2012 WL 4094009 (N.D.N.Y. Sept. 17, 2012). Plaintiff identifies the specific injuries he suffered as a result of the incidents, (see Compl. § III), and these allegations of fracture, soft tissue damage, shattered nerves, arthritis, and lost vision themselves imply a use of force that was more than de minimis, see McMillian, 503 U.S. at 10, 112 S.Ct. 995 (<HOLDING>); Alston v. Bellerose, No. 12-CV-147, 2015 WL Options: A. holding that the blows directed at the plaintiff which caused bruises swelling loosened teeth and a cracked dental plate are not de minimis for eighth amendment purposes italics omitted B. recognizing that motions for directed verdicts are not normally directed to bits and pieces of an action C. holding that an individuals property interest in a 10 pool pass was de minimis D. holding in a five to four decision that a twentyfive year minimum sentence for stealing three golf clubs pursuant to californias threestrikes law did not violate the eighth amendment and that any criticism for the statute is properly directed at the legislature E. holding that directed verdict does not violate seventh amendment

assistant: The best answer is A. holding that the blows directed at the plaintiff which caused bruises swelling loosened teeth and a cracked dental plate are not de minimis for eighth amendment purposes italics omitted
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: vest-throwing incident give rise to a finding of constructive discharge because Gibbs has not produced evidence showing that Ilardi threw the vest with the intention of forcing her to quit. See Moore v. KUKA Welding Sys. & Robot Corp., 171 F.3d 1073, 1080 (6th Cir.1999) (“To constitute a constructive discharge, the employer must deliberately create intolerable working conditions, as perceived by a reasonable person, with the intention of forcing the employee to quit and the employee must actually quit.”). The Court is troubled by Gibbs’ testimony that Antioch threatened her with discipline if she made any more complaints and will not, as Defendants urge, discount this evidence merely because it came from Gibbs herself. Harris v. J.B. Robinson Jewelers, 627 F.3d 235, 239 (6th Cir.2010) (<HOLDING>). Ultimately, however, these threats never Options: A. holding that it may not B. holding that the trial court may not grant summary judgment on a ground not raised in the motion C. holding that if no material facts are placed in dispute this court must determine whether the circuit court correctly entered summary judgment as a matter of law citations omitted D. holding that summary judgment may be reversed when it is based on an error of law E. holding that on summary judgment a court may not disregard evidence merely because it serves the interests of the party introducing it citations omitted

assistant: The best answer is E. holding that on summary judgment a court may not disregard evidence merely because it serves the interests of the party introducing it citations omitted
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: Company will maintain, and will cause its Affiliates and Sublicensees to maintain, complete and accurate books, records and related background information to verify Sales, Net Sales, and all royalties, fees, and other payments due or paid under this Agreement, as well as the various computations reported under Section 5.1. Company will maintain the records for each Quarter for at least four years after submission of the applicable report required under Section 5.1.

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

user: The Parties are willing to disclose to each other such necessary CONFIDENTIAL INFORMATION provided each Party preserves the confidential nature of the other Party's INFORMATION and uses it solely for purposes of this Agreement. 3. In consideration of each and every disclosure of CONFIDENTIAL INFORMATION, the Parties agree to: (b) use any and all CONFIDENTIAL INFORMATION solely in connection with the performance of the IRA and for no other purpose;

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 case excerpt and choose the best holding from the options. Case excerpt: Civ. Peac. & Rem.Code Ann. § 88.002(a) (Vernon 2004) ("A health insurance carrier, health maintenance organization, or other managed care entity for a health care plan has the duty to exercise ordinary care when making health care treatment decisions and is liable for damages for harm to an insured or enrollee proximately caused by its failure to exercise ordinary care.”). After Davila, the Texas legislature clarified that § 88.002(a) did not apply to employee benefit plans regulated by ERISA. See id. § 88.015. 23 . Tango Transport v. Healthcare Fin. Servs., 322 F.3d 888, 894 (5th Cir.2003); Hermann Hosp. v. MEBA Med. and Benefits Plan, 959 F.2d 569, 572 (5th Cir.1992) ("Hermann II"). 24 . See Rush Prudential HMO, Inc. v. Moran, 536 U.S. 355, 379, 122 S.Ct. 2151, 153 L.Ed.2d 375 (2002) (<HOLDING>). 25 . See La.Rev.Stat. Ann. § 40:2010. 26 . Options: A. recognizing the cause of action B. holding the state law claims were not preempted C. recognizing cause of action D. holding guilderlands local law was preempted by new york state law which provided a comprehensive scheme for funding road construction E. recognizing that a state regulatory scheme that provides no new cause of action under state law and authorizes no new form of ultimate relief is not preempted

assistant: The best answer is E. recognizing that a state regulatory scheme that provides no new cause of action under state law and authorizes no new form of ultimate relief is not preempted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the New Agreements and the BiCS LDA by it and its Affiliates do not and will not (a) breach, violate or conflict with any provision of its charter documents as amended to date, or (b) conflict with or violate any Law applicable to it. No consent, approval or authorization of, or filing with, any Governmental Authority, or any other Person, is required to be made or obtained by it in connection with the execution, delivery and performance by it of any New Agreement or the consummation by it of the transactions contemplated thereby.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: gaining unauthorised access to any of nintendo 's computers , hardware , equipment , servers or networks used to support the nintendo account service ; hosting , intercepting , emulating , reverse engineering any part of the nintendo account service or redirecting the communication protocols used by nintendo as part of the nintendo account service , regardless of the method used to do so ;

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: had a right to the SALU in the first instance. Rather, the issue is whether the City, which had already granted Hillside the SALU, had the authority to revoke that valuable property interest and whether Defendants deprived Plaintiffs of a property interest without procedural due process. It is apparent that the City Planning Commission lacked the authority to revoke Hillside’s Special Approval Land Use once it was granted. Under Michigan law, absent a specific grant of authority in either the Sterling Heights Zoning Ordinance or the enabling state statute which gives the City the right to create “Special Land Uses,” the Planning Commission is powerless to revoke a previously approved Special Land Use. See McVeigh v. City of Battle Creek, 350 Mich. 214, 86 N.W.2d 279, 280 (1957) (<HOLDING>); Kethman v. Oceola Twp., 88 Mich.App. 94, 276 Options: A. holding that parole boards do not have to exclude evidence obtained in violation of the fourth amendment B. recognizing the inherent power of the courts to issue warrants C. holding that zoning boards of appeal do not have the inherent power to grant a rehearing D. holding that federal courts have inherent power to investigate whether a judgment was obtained by fraud E. recognizing inherent power of courts of appeals

assistant: The best answer is C. holding that zoning boards of appeal do not have the inherent power to grant a rehearing
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: from the general real estate market. We are unconvinced by TJS’s admonition that adult entertainment businesses “will cease to exist” if local governments are allowed to recognize large lot sizes as available alternatives for relocation. See App. Br. at 16. Even leaving aside the legal irrelevance of commercial viability concerns under Renton, TJS’s contention that smaller commercial enterprises cannot possibly locate on larger lots is speculative. TJS ignores, for instance, the District Court’s findings that certain large sites could be subdivided, and that current property owners could sublet portions of their property to smaller businesses. See TJS, 2008 WL 2079044, at * 15, 17-18; see also MJ Entm’t Enters., Inc. v. City of Mount Vernon, N.Y., 328 F.Supp.2d 480, 484 (S.D.N.Y.2004) (<HOLDING>). Of course, it is possible that other Options: A. recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court B. holding that statements that employee was doing a good job are more akin to opinions than statements of fact and on this basis are not actionable in fraud and citing a state case as holding that neither opinions nor statement that are general and indefinite are representations of fact giving rise to a misrepresentation claim C. holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived D. recognizing that sites that are currently in use are available despite the fact that the sites would have to be acquired or leased and even subdivided E. holding that damages are not relief that is available under the idea

assistant: The best answer is D. recognizing that sites that are currently in use are available despite the fact that the sites would have to be acquired or leased and even subdivided
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 agrees to maintain at all times public liability insurance on an occurrence basis against all claims and demands for personal injury liability (including, without limitation, bodily injury, sickness, disease, and death) and damage to property which may be claimed to have occurred on the Premises in the event of injury to any number of persons or damage to property, arising out of any one occurrence, which shall, at the beginning of the Term, be at least equal to $2,000,000, and to name Landlord and any mortgagees designated by Landlord as additional insureds and furnish Landlord and any Landlord mortgagee with the proof thereof; such insurance shall contain a provision that the Landlord, and each such mortgagee although named as an insured, shall nevertheless be entitled to recovery under said policy for any loss occasioned to it, its servants, agents and employees by reason of the negligence of the Tenant; all insurance required under the terms of this Lease shall be effected with insurers having a general policyholders rating of not less than A in AM Best’s latest rating guide and shall not be canceled or modified without at least thirty (30) days’ prior written notice to each insured or additional insured named therein. Tenant shall provide Landlord with certificates of all insurance required to be carried by Tenant under the Lease at or prior to the Commencement Date and at least thirty (30) days prior to the expiration of each such policy. At the expiration of the fifth Lease Year, Landlord shall have the right to engage a recognized insurance consultant at Landlord’s expense to determine whether the amount and types of coverage required of Tenant under this Lease continue to be commercially reasonably adequate to protect the interests of Landlord (it being agreed that such insurance requirements are adequate as of the date of this Lease). In the event such consultant recommends changes in coverage and/or amounts pursuant to the foregoing, Tenant will use commercially reasonable efforts to procure insurance reflecting the consultant’s recommendations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Section 6 , in the event Optionee’s employment with the Company is terminated for any reason, all unvested Optioned Shares shall be immediately forfeited, and all vested Optioned Shares shall remain exercisable through the earlier of 90 days following the effective date of termination of employment or expiration of the Term.

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: of interest existed, and that there was no reason to believe that defense counsel’s continued representation would be less than vigorous. Third, even if it can be said that the appearance of impropriety rule was violated, and I maintain that it was not while giving deference to the trial court, defendant and the prosecutor could waive a potential conflict under the circumstances. Given that a defendant can waive constitutional rights, such as the right to an attorney in a criminal case, Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); State v. Crisafi, 128 N.J. 499, 509, 608 A.2d 317 (1992), there is no reason why a defendant and the prosecutor could not waive an alleged appearance of impropriety. See State v. Purnell, 126 N.J. 518, 535-36, 601 A.2d 175 (1992) (<HOLDING>). Here, defendant, the prosecutor, and Posey Options: A. recognizing conflict B. recognizing the conflict C. holding that the defendant was deprived of his sixth amendment right to counsel where appointed counsels representation presented a conflict of interest D. holding that the defendant did not validly waive his right to conflictfree representation where the district court inadequately advised the defendant of the risks of multiple representation E. holding a defendant could waive any conflict based on his attorneys previous representation of a states witness in an unrelated matter

assistant: The best answer is E. holding a defendant could waive any conflict based on his attorneys previous representation of a states witness in an unrelated matter
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: 833 (2004) (emphasis added) (“The question ... is whether the agency considered the relevant factors and made a rational determination.”); Keeton Corrections, Inc. v. United States, 59 Fed.Cl. 753, 759 (2004) (emphasis added) (“no valid basis for the override of the automatic stay has been shown to exist.”). The source of the “rational basis” or “rationally based” standard is in two important decisions of the United States Court of Appeals for the Federal Circuit. See Banknote Corp. of America, Inc. v. United States, 365 F.3d 1345, 1348 (2004) (where the principal issue was “whether the contracting officer applied the proper standards when evaluating bids in a ‘best value’ procurement”) and Impresa Construzioni Geom. Domenico Garufi v. United States, 238 F.3d 1324, 1332 (Fed.Cir.2001) (<HOLDING>). Banknote and Impresa discussed the standard Options: A. holding that transitory employees are entitled to protection under the elrodbranti line of cases B. holding all bid protest actions under the apa are now reviewed under the standards applied in the scanwell labs inc v shaffer 424 f2d 859 dccir1970 line of cases C. recognizing that standards of liability under title vi are different from traditional agency principles or the general standards of liability under title vii D. holding that the same standards apply to claims under the ada and under the rehabilitation act E. holding that judicial review under apa standards is alone sufficient to preclude a bivens action

assistant: The best answer is B. holding all bid protest actions under the apa are now reviewed under the standards applied in the scanwell labs inc v shaffer 424 f2d 859 dccir1970 line of cases
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: if they were huddled, just having a conversation, or merely standing in a line. Moreover, in light of the officers’ unclear testimony, it is just as likely that consistent with Wallace’s testimony, a black male, who may have been Bellflower, or who looked like Bellflower, was crossing the street a few yards from where she and McCray were standing. Based on the evidence presented at the hearing, the court cannot credit Muniz’s claim that the three were huddled together suspiciously. Even if Bellflower was standing with Wallace and McCray, the officers still did not have a reasonable suspicion to believe that a drug transaction was occurring. Proximity to a drug dealer can be a factor that gives rise to reasonable suspicion. See United States v. McGlory, 968 F.2d 309, 342 (3d Cir.1992) (<HOLDING>); United States v. Cruz, 909 F.2d 422, 424 Options: A. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door B. holding that an officers reasonable mistake of law can give rise to the reasonable suspicion necessary to justify a traffic stop under the fourth amendment C. holding that an officers observation of exchange of small object and money in a known drug trafficking area constituted reasonable suspicion D. holding that notwithstanding the officers testimony that he had no suspicion of criminality the officer was aware of facts that would give rise to reasonable suspicion in the mind of a reasonable officer E. holding that officers observation of a known drug dealer approaching the defendants car gave rise to reasonable suspicion

assistant: The best answer is E. holding that officers observation of a known drug dealer approaching the defendants car gave rise to reasonable suspicion