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: parent’s assertion of a legal right to the child.” Id. Because the circuit court’s decision in this case was based upon a misapplication of the burden-of proof, which stemmed from the court’s incorrect finding that a temporary transfer of custody did not occur in this case, we must reverse the decision in this ease and remand for further proceedings. We also find that the circuit court erred in determining that incidents of domestic violence between the Respondent father and the child’s deceased mother were not relevant to its determination of the Respondent father’s parental fitness. We have corn sistently found that evidence of domestic violence is relevant to the determination of whether a parent is fit. See Syl. Pt. 1, Henry v. Johnson, 192 W.Va. 82, 86, 450 S.E.2d 779, 783 (1994) (<HOLDING>); Nancy Viola R. v. Randolph W., 177 W.Va. 710, Options: A. holding that children are often physically assaulted or witness violence against one of their parents and may suffer deep and lasting emotional harm from victimization and from exposure to family violence consequently a family law judge should take domestic violence into account when making an award of temporary eustodyt based upon a recognition that it is clear that where domestic violence is present it should be considered when determining parental fitness B. holding as relevant in a murder case a history of domestic violence involving defendant and his victim C. holding south carolina crime of criminal domestic violence of a high and aggravated nature was categorically a crime of violence under ussg 4b121 because its lesserincluded offense criminal domestic violence fell entirely within 4b12ls force clause D. holding that previous domestic violence finding did not have res judicata effect in proceeding to modify visitation because domestic violence and visitation modification proceedings are different causes of action E. holding that theft from the person is not a crime of violence

assistant: The best answer is A. holding that children are often physically assaulted or witness violence against one of their parents and may suffer deep and lasting emotional harm from victimization and from exposure to family violence consequently a family law judge should take domestic violence into account when making an award of temporary eustodyt based upon a recognition that it is clear that where domestic violence is present it should be considered when determining parental fitness
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 2429 (quoting Leon, 468 U.S. at 920, 104 S.Ct. 3405). Before the Supreme Court’s Davis decision, the Sixth Circuit also emphasized that “precedent on a given point must be unequivocal” to suspend the exclusionary rule. United States v. Buford, 632 F.3d 264, 276 n. 9 (6th Cir.2011) (quoting United States v. Davis, 598 F.3d 1259, 1266 (11th Cir.2010)). And the Sixth Circuit was not alone. Other courts of appeals that considered this issue before Davis also limited the good-faith exception to binding appellate precedent. See Davis, 598 F.3d at 1266; United States v. McCane, 573 F.3d 1037, 1045 n. 6 (10th Cir.2009) (applying the good-faith exception because “the Tenth Circuit jurisprudence supporting the search was settled”); United States v. Jackson, 825 F.2d 853, 866 (5th Cir.1987) (<HOLDING>); cf. United States v. Real Prop. Located at Options: A. holding that the exclusionary rule generally does not apply to immigration proceedings B. holding that due process requires exclusionary rule to be applied in state trials C. holding that the exclusionary rule should not be applied to searches which relied on fifth circuit law that was subsequently overturned D. holding that exclusionary rule to be applied as a matter of state law is no broader than the federal rule E. holding that circuit court decisions bind circuit unless and until overturned by the court en banc or by higher authority

assistant: The best answer is C. holding that the exclusionary rule should not be applied to searches which relied on fifth circuit law that was subsequently overturned
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 case might have been different. Id. Accordingly, the Kunica court was reluctant to allow the debtor to conceal the claims and their potential value from the bankruptcy court, obtain the functional equivalent of a discharge of its debts based on an accounting of fewer than all of its assets, and retain standing to assert the concealed claims after the effective discharge. See id. at 58-54 ("[Dlismissal of a bankruptey case ... as opposed to a discharge, should not provide a debtor with a safe harbor against lack of standing to pursue causes of action that were not properly disclosed."). {13 Relying on Kunmica, a division of the Texas Court of Appeals came to the same conclusion, observing that "[fjull disclosure is the most critical element of the bank 6, 231-32 (Tex.App.2012) (<HOLDING>). [ 17 We recognize that in In re Marriage of Options: A. holding that all property regardless of disclosure revests in the debtor upon dismissal and declining to follow kunmica because the debtor did not obtain the functional equivalent of a discharge B. holding that the debtor lacked standing to bring a claim against the internal revenue service for the improper assessment of a tax deficiency because the cause of action was the property of the estate and had not been abandoned to the debtor C. holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors D. holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default E. holding that all property regardless of disclosure revests in the debtor upon dismissal and declining to follow kunmica and kilpatrick because the debtor did not benefit from and the creditors were not impaired by the bankruptey proceedings or the dismissal

assistant: The best answer is E. holding that all property regardless of disclosure revests in the debtor upon dismissal and declining to follow kunmica and kilpatrick because the debtor did not benefit from and the creditors were not impaired by the bankruptey proceedings or the dismissal
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 Group Member has timely filed or caused to be filed all Federal and state income Tax returns and any other material Tax returns that have been required to be filed (taking into account extensions) and has timely paid all such Taxes and assessments payable by it which have become due (other than any the amount or validity of which are currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been established); no Liens for Taxes have been filed (other than Liens for Taxes not yet due or the amount or validity of which are being contested in good faith by appropriate proceedings, provided that adequate reserves with respect thereto are maintained in conformity with GAAP), and, to the knowledge of the Parent Borrower, as of the date hereof, no claim is being asserted with respect to any such Tax.

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 case excerpt and choose the best holding from the options. Case excerpt: as a salesperson at Wal-Mart. (Pl.’s Dep. at 109) In addition, plaintiff drives herself to and from both jobs. (Pl.’s Dep. at 56, 109) Aside from the limitation on her ability to see beginning around 10:00 p.m., plaintiff does not allege that there are any other visual aspects of either her work or social life that are affected by her visual impairment. “[A] visual impairment which hinders, or makes it more difficult for an individual to function at a full visual capacity, does not amount to a substantial limitation on one’s ability to see where the evidence suggests the individual can otherwise conduct activities requiring visual acuity.” Cline v. Fort Howard Corp., 963 F.Supp. 1075, 1080 (E.D.Okla.1997); see also Roth v. Lutheran Gen’l Hospital, 57 F.3d 1446, 1454-56 (7th Cir.1995) (<HOLDING>); Overturf v. Penn Ventilator Co., Inc., 929 Options: A. holding that statements made by a child who was brought to an emergency room by her mother were admissible when the child knew a doctor would conduct a medical exam the physician explained he was a doctor and he asked questions about medical history and performed a physical examination of the child B. holding that a doctor with strabismus crossed eyes was not disabled because he was able to read write lecture and successfully earned both a pharmacy degree and a law degree before entering medical school C. holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury D. 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 E. holding that employees requests for accommodation were not protected activity because the evidence did not show that he had a reasonable good faith belief that he was disabled or perceived as disabled

assistant: The best answer is B. holding that a doctor with strabismus crossed eyes was not disabled because he was able to read write lecture and successfully earned both a pharmacy degree and a law degree before entering medical school
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 hereby agrees to employ the Executive and the Executive hereby accepts such employment with the Company, on the terms and subject to the conditions hereinafter set forth. Subject to the terms and conditions contained herein, the Executive shall serve as President and Chief Operating Officer of the Company and shall have such duties as are typically performed by a president and chief operating officer of a corporation of similar size and type as the Company. The Executive shall render his services at the direction of, and shall report solely to, the Chief Executive Officer of the Company. The Executive agrees to use best efforts to promote and further the business, reputation and good name of the Company. The Executive’s primary place of employment shall be in the Williamsburg, Virginia area, or such other location as determined by the Company’s Board of Directors.

assistant: Employment
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: 69 S.E.2d 441, 442 (1952)). The plain and ordinary meaning of the word “disinterested,” as confirmed by any standard English dictionary, is “lacking or revealing lack of interest,” “not influenced by regard to personal advantage,” “free from selfish motive,” or “not biased or prejudiced.” See Webster’s Third New International Dictionary 650 (1993). Virginia’s meager case law is in accord with this plain meaning. The principal Virginia case addressing the issue of disinterested appraisers is Hurst v. Hope, 152 Va. 405, 147 S.E. 222, 223 (1929). In that case, the Supreme Court of Virginia concluded that employees on the payroll of either an insurer or the insured are not qualified to serve as appraisers because they do not satisfy the disinterestedness requirement of the statute. See id. (<HOLDING>) (quoting Connecticut, etc. Insurance Co. v. Options: A. recognizing that pursuant to the business judgment rule the decisions of business professionals on the board of directors should be presumed valid B. holding that a judgment is final only when the parties have exhausted their respective rights to appeal or if no party to the action filed a timely appeal C. holding that when the language of a statute is clear courts should not substitute their judgment for that of congress and should enforce the statute according to its terms D. recognizing that the persons selected to make appraisal decisions should be free from the control and direction of the respective parties and should act independently and upon their own judgment E. recognizing that the due process clause of the fourteenth amendment protects the fundamental right of parents to make decisions concerning the care custody and control of their children

assistant: The best answer is D. recognizing that the persons selected to make appraisal decisions should be free from the control and direction of the respective parties and should act independently and upon their own judgment
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: was involved in some way in the relevant events, but whether the action taken can be fairly attributed to the state itself.” Id. (citing Jackson v. Metropolitan Edison Co., 419 U.S. 345, 351, 95 S.Ct. 449, 42 L.Ed.2d 477 (1974)). Plaintiff has not raised a genuine issue of material fact that either the American Arbitration Association or the private arbitrator acted under color of state law or that their actions can be fairly attributable to defendant City of Philadelphia. See Fed.R.Civ.P. 56(c). Private actions of an arbitrator are not undertaken under color of state law because the arbitration has been conducted pursuant to a state statute or the arbitrator’s award is enforced by a state court. See Davis v. Prudential Securities, 59 F.3d 1186, 1191 (11th Cir.1995) (citations omitted) (<HOLDING>). Nor does the fact that defendant City of Options: A. holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act B. holding that where the arbitration agreement was silent on feesplitting and the costs imposed upon the plaintiff by the aaa were not prohibitive the plaintiff had presented little evidence to indicate that arbitration would be prohibitively expensive and the fees and costs of arbitration did not render the arbitration scheme unconscionable C. holding that an aaa arbitration was a private proceeding and therefore that a decision by the arbitrator pursuant to the federal arbitration act did not constitute state action D. holding that an arbitration agreement was procedurally unconscionable because it did not attach the aaa rules E. holding that an arbitration in accordance with aaa rules is a binding arbitration

assistant: The best answer is C. holding that an aaa arbitration was a private proceeding and therefore that a decision by the arbitrator pursuant to the federal arbitration act did not constitute state action
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 parties acknowledge and agree that: the form and timing of the Separation Agreement Payments and Benefits to be provided pursuant to this Agreement are intended to be exempt from or to comply with requirements of Section 409A of the Internal Revenue Code of 1986, as amended, and applicable Treasury Regulations thereunder (“Section 409A”), including the requirement for a six-month suspension on payments to “specified employees” as defined in Section 409A that are not otherwise permitted to be paid within the six-month suspension period. Notwithstanding the foregoing, it is also agreed that Executive has had the opportunity to seek the advice of independent tax counsel with respect to the potential application of Section 409A to the Separation Agreement, and is not relying upon the advice of the Company or any person affiliated with the Company with respect thereto. In no event shall the Company or any person affiliated with the Company have any liability to Executive with respect to any adverse tax consequences, under Section 409A or otherwise, related to the payment of the Separation Agreement payments and benefits.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that any dispute between you and fitbit arising out of or relating to these terms of service , the fitbit service , or any other fitbit products or services ( collectively , `` disputes '' ) will be governed by the arbitration procedure outlined below .

assistant: Arbitration
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 issuance of Conversion Shares on conversion of this Preferred Stock shall be made without charge to any Holder for any documentary stamp or similar taxes that may be payable in respect of the issue or delivery of such Conversion Shares, provided that the Corporation shall not be required to pay any tax that may be payable in respect of any transfer involved in the issuance and delivery of any such Conversion Shares upon conversion in a name other than that of the Holders of such shares of Preferred Stock and the Corporation shall not be required to issue or deliver such Conversion Shares unless or until the Person or Persons requesting the issuance thereof shall have paid to the Corporation the amount of such tax or shall have established to the reasonable satisfaction of the Corporation that such tax has been paid. The Corporation shall pay all Transfer Agent fees required for same-day processing of any Notice of Conversion and all fees to the Depository Trust Company (or another established clearing corporation performing similar functions) required for same-day electronic delivery of the Conversion Shares.

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: The parties’ respective representations and warranties contained in this Agreement shall survive for a period of twelve (12) months following the Closing, and thereafter neither party may claim any damage for breach thereof. The covenants contained in this Agreement shall survive the Closing and not expire unless otherwise specifically provided in this Agreement until the end of the time period stated in such covenant.

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: the postconviction court for further proceedings on the additional claims of credit that the court failed to address. In its order denying Mr. Gonzales’s motion, the postconviction court failed to determine whether Mr. Gonzales is entitled to credit for fourteen days between January 2003 and February 2003, allegedly spent in the Hillsborough County jail, and for four months and two weeks between February 2003 and July 2003, allegedly spent in a south Florida evaluations and treatment facility. To the extent Mr. Gonzales’s allegations are true, he is certainly entitled to credit for time spent in the Hillsborough County jail between January and February 2003. He may also be entitled to credit for time spent in a treatment facility. See Tal-Mason v. State, 515 So.2d 738, 740 (Fla.1987) (<HOLDING>). Because the postconviction court failed to Options: A. holding that a defendant is not entitled to credit for time served as a condition of probation B. holding defendant who received treatment in a state hospital was not entitled to jail credit for that time C. holding that credit cannot be awarded for time served on community control D. holding that a defendant must be granted credit for time served in any institution serving as the functional equivalent of a county jail E. holding that a youth detention facility was a jail for purposes of statute requiring credit for time served in jail while awaiting trial

assistant: The best answer is D. holding that a defendant must be granted credit for time served in any institution serving as the functional equivalent of a county jail
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: subject to this eula and its terms and conditions , rovio hereby grants you a non-exclusive , non-transferable , non-sublicensable , limited right and license to use the services as provided by rovio , for your personal non-commercial use , in the manner permitted by this eula .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If you die before the Payment Date, the representative of your estate will, on the relevant Payment Date, be paid the Payment Amount and Dividend Equivalent Payments that would have otherwise been payable pursuant to Paragraph 6, after such documentation as may be requested by the Committee is provided to the Committee. All other terms of this Award Agreement, including the forfeiture and repayment events in Paragraphs 9 and 10, continue to apply.

assistant: Death
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 which there may be legitimate expectations of privacy, is based upon societal expectations that have deep roots in the history of the Amendment.”). 27 . 1 LaFave, supra note 20, § 2.4(b) at 627. 28 . Maryland v. Macon, 472 U.S. 463, 470, 105 S.Ct. 2778, 86 L.Ed.2d 370 (1985). 29 . United States v. Morton, 17 F.3d 911, 913 (6th Cir.1994) (discovery and seizure of the gun did not violate the Fourth Amendment; testimony fairly established that the auto shop was open to the public for business, so the officers lawfully entered the shop, and, when the defendant stood up, an officer saw, in plain vie , 121 S.Ct. 447, 148 L.Ed.2d 333 (2000) (recognizing that a canine sniff of an automobile is not a search); United States v. Place, 462 U.S. 696, 706-07, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983) (<HOLDING>). These holdings are based on the legal theory Options: A. holding that a dog sniff of the exterior of luggage in a public airport does not constitute a search under the fourth amendment B. holding that a canine sniff of luggage does not constitute a search C. holding that canine sniff not a search under the fourth amendment D. holding canine sniff during traffic stop is not illegal search under fourth amendment E. holding that a canine sniff is a search for purposes of the fourth amendment

assistant: The best answer is B. holding that a canine sniff of luggage does not constitute a search
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrowers or the Agent, sell participations to any Person (other than a natural Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person), a Defaulting Lender or the Borrowers or any of the Borrowers’ Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain the holder of its Loans and owner of its participations or other interest in any Letter of Credit for all purposes hereunder, (iii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iv) the Borrowers, the Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.

assistant: Participations
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 shall pay to the Administrative Agent all costs and all reasonable out-of-pocket expenses in connection with the preparation, negotiation, execution and delivery of this Amendment and any documents and instruments relating hereto (which costs include, without limitation, the reasonable fees and expenses of outside counsel retained by Administrative Agent, in each case, as set forth in Section 10.5 of the Credit Agreement).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Company shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to the relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the Company also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) subject to the definition of “Computation Date” and Section 2.11(c), the Dollar Amount of the LC Exposure shall not exceed $25,000,000, (ii) subject to the definition of “Computation Date” and Section 2.11(c), the sum of the Dollar Amount of the total Credit Exposures shall not exceed the aggregate Commitments and (iii) subject to the definition of “Computation Date” and Section 2.11(c), the Dollar Amount of the aggregate face amount of all Letters of Credit issued and then outstanding by any Issuing Bank shall not exceed the LC Sublimit.

assistant: Amendments
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: 470, 475 (Iowa 2004)). While these two elements frame the essence of our standing doctrine, they were derived from earlier cases involving challenges to administrative agency action and do not fully capture the later development of our doctrine, especially as to actions to enforce public constitutional values by private individuals. See City of Des Moines v. PERB, 275 N.W.2d 753, 759 (Iowa 1979) (adopting the twofold test of standing derived from administrative agency cases involving statutes modeled after the Model State Administrative Procedure Act); John C. Reitz, Standing to Raise Constitutional Issues, 50 Am. J. Comp. L. 437, 442-43 (2002). We have frequently supplemented and elaborated on these elements by drawing on the federal law on standing. See Alons, 698 N.W.2d at 869 (<HOLDING>); Sanchez v. State, 692 N.W.2d 812, 821 (Iowa Options: A. holding the florida appellate courts are not bound by federal precedent which is persuasive not binding authority B. recognizing that unpublished decisions issued after january 1 1996 are not controlling precedent but may be considered persuasive authority C. recognizing that although federal precedent was not binding it was persuasive authority D. holding official comments to the code are persuasive but not controlling authority E. recognizing federal authority on standing to be persuasive

assistant: The best answer is E. recognizing federal authority on standing to be persuasive
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 (including by facsimile transmission, “. pdf,” or other electronic transmission) in two or more counterparts, and by the different Parties in separate counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement, and shall become effective when two or more counterparts have been signed by each of the Parties and delivered (including by facsimile transmission, “. pdf” or other electronic transmission) to the other Parties.

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 case excerpt and choose the best holding from the options. Case excerpt: This inquiry need not be conducted sequentially. Id. at 239-40, 129 S.Ct. 808. Inmates have no unfettered constitutional right to visitation free of regulation. Inmates of Allegheny County Jail v. Pierce, 612 F.2d 754, 758 (3d Cir.1979) (prison officials may limit the nature of inmate visitation). Moreover, Rieco has not demonstrated that he has any affirmative right to have TG’s caregivers bring TG to Rieco for visitation in prison, nor to have Rieco’s correspondence delivered to TG. Finally, Hebe is also entitled to qualified immunity because as a private attorney who represented state actors in their performance of official duties that grant them .qualified immunity, he is also entitled to such immunity. See Filarsky v. Delia, — U.S. —, 132 S.Ct. 1657, 1667, 182 L.Ed.2d 662 (2012) (<HOLDING>). As this appeal presents no substantial Options: A. holding that because a city inspector was not entitled to official immunity the city was not entitled to vicarious official immunity B. holding that attorney who was retained by city to assist in conducting official investigation into firefighters potential wrongdoing was entitled to qualified immunity in firefighters 1983 claim because official investigation of state employee was activity of the type entitled to qualified immunity C. holding that defendants are not entitled to qualified immunity D. holding that if official has violated clearly established law he is entitled to qualified immunity only if reasonable official could have believed conduct was lawful E. holding that qualified immunity is an affirmative defense that must be pled by the official who claims it

assistant: The best answer is B. holding that attorney who was retained by city to assist in conducting official investigation into firefighters potential wrongdoing was entitled to qualified immunity in firefighters 1983 claim because official investigation of state employee was activity of the type entitled to qualified immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary contained herein, the Board may, at any time and from time to time, without any further action of the Committee, exercise the powers and duties of the Committee under the Plan, unless the exercise of such powers and duties by the Board would cause the Plan not to comply with the requirements of Rule 16b-3 or Section 162(m).

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 validity, interpretation, construction and performance of this Agreement will be construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise in connection with this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this means , among other things , that you will not be entitled to any compensation from snap group limited , snap inc. , or our affiliates and business partners if your name , likeness , or voice is conveyed through live , local , or other crowd-sourced services , either on the snapchat application or on one of our business partner 's platforms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither party shall assign any of its rights nor delegate any of its duties or obligations under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, Manager may assign this Agreement to a successor in interest by providing notice to Group, which notice shall state the effective date of such assignment Upon such assignment, the successor shall be responsible for the duties and responsibilities of Manager hereunder. Nothing contained in this Agreement shall be construed to prevent the Manager from selling or conveying substantially all of its assets used in connection with the performance of this Agreement, nor shall Group be prohibited from selling or conveying substantially all of its assets provided that the Agreement continues in full force and effect.

assistant: Assignments
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 parties supplement their briefs following the Court's decision in that case. 3 Scull argues that the State forfeited its right to argue that the good-faith exception applies because it did not raise the issue before the circuit court. We disagree. First, we may affirm a circuit court's decision on any grounds. See State v. Milashoski, 159 Wis. 2d 99, 108-09, 464 N.W.2d 21 (Ct. App. 1990). Second, the good-faith exception never came up before the circuit court because the circuit court ruled on the issue prior to the United States Supreme Court's decision in Jardines and concluded that the dog sniff was not a search. Therefore, the circuit court did not need to explore the contours of the exclusionary rule in this case. 4 See United States v. Brock, 417 F.3d 692, 696 (7th Cir. 2005) (<HOLDING>); United States v. Roby, 122 F.3d 1120, 1125 Options: A. holding that a drug sniff outside defendants locked bedroom door was not a fourth amendment search because it detected only the presence of contraband and did not provide any information about lawful activity over which the defen dant had a legitimate expectation of privacy B. holding that a dog sniff during a legitimate traffic stop does not constitute a search because there is no expectation of privacy in contraband and a dog sniff does not violate any privacy interest C. holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest D. holding a dog sniff outside the defendants front door was not a fourth amendment search E. holding that a drug sniff outside the front door of the defendants residence was not a fourth amendment search because the defendant had no reasonable expectation of privacy at the entrance to property that is open to the public including the front porch

assistant: The best answer is A. holding that a drug sniff outside defendants locked bedroom door was not a fourth amendment search because it detected only the presence of contraband and did not provide any information about lawful activity over which the defen dant had a legitimate expectation of privacy
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: by the Due Process Clause of its own force, or by some other state-created liberty interest. Defendants argue, that Whitsett’s designation does hot implicate a liberty interest. Initially, the Court notes that the Supreme' Court Has determined that administrative confinement for short periods of time does not implicate a liberty interest under the Due Process Clause. Sandin, 515 U.S. at 485-87, 115 S.Ct. at 2301-02 (thirty days); Rodgers v. Singletary, 142 F.3d 1252, 1253 (11th Cir.1998) (two months). Also,'a transfer to a more restrictive prison with less rehabilitative programs does not typically implicate a liberty interest under the Due Process Clause. Meachum, 427 U.S. at 223-25, 96 S.Ct. at 2538; Moody v. Daggett, 429 U.S. 78, 88 n.9, 97 S.Ct. 274, 279 n. 9, 50 L.Ed.2d 236 (1976) (<HOLDING>); Montanye v. Haymes, 427 U.S. 236, 242, 96 Options: A. holding there is no constitutional entitlement to prison rehabilitative programs or to particular custody classifications under the due process clause B. holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment C. holding that there is no due process right to appellate review D. holding there is no meaningful distinction between due course and due process E. holding that entitlement to benefits is a property interest protected by the due process clause of the fifth amendment to the united states constitution

assistant: The best answer is A. holding there is no constitutional entitlement to prison rehabilitative programs or to particular custody classifications under the due process clause
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 Guarantor shall pay on demand all reasonable and documented out-of-pocket expenses (including reasonable attorneys’ fees and expenses) in any way relating to the enforcement or protection of the any Secured Party’s rights under this Guaranty or in respect of the Guaranteed Obligations, including any incurred during any “workout” or restructuring in respect of the Guaranteed Obligations and any incurred in the preservation, protection or enforcement of any rights of any Secured Party in any proceeding under any Debtor Relief Laws. The obligations of each Guarantor under this Section 11.10 shall survive the Full Payment of the Guaranteed Obligations and termination of this Guaranty.

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: There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company or any Subsidiary, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Notes or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer and each Designated Purchaser shall be entitled to deduct and withhold from any amount otherwise payable pursuant to this Agreement any Taxes required to be deducted and withheld under any provision of applicable Law. No less than five Business Days prior to the Closing Date, Buyer shall furnish to Parent such information regarding the amounts and types of Taxes to be deducted and withheld as may reasonably be requested by Parent. Buyer and Parent shall reasonably cooperate with each other to minimize the amounts required to be deducted and withheld. In the event that any withholding Taxes (with respect to amounts otherwise payable pursuant to this Agreement) arise solely by reason of the Designated Purchaser being incorporated in a jurisdiction other than (i) the United States or (ii) the jurisdiction in which the relevant Company or Seller is located, the Purchase Price shall be increased as necessary so that, after all such withholding Taxes have been imposed (including any such withholding Taxes that apply to additional sums payable under this sentence), Parent receives and retains an amount equal to the sum it would have received and retained had such withholding Taxes not been imposed. If any Tax is withheld pursuant to this Section 2.4 , the withheld amount shall be treated for all purposes of this Agreement as having been paid to the applicable payee. Within 30 days after the date of payment by Buyer or the Designated Purchaser of any Taxes so withheld, Buyer or the Designated Purchaser, as the case may be, shall furnish to Parent evidence of payment thereof satisfactory to Parent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: they are not binding, and because they fail to convincingly address why such a state law requirement would be different from, or in addition to, the federal requirements. For example, the court in Gavin v. Medtronic, Inc., Case No. 12-cv-851, 2013 WL 3791612, at *15-16 (E.D.La. July 19, 2013), cited Gomez v. St. Jude Med. Daig Division Inc., 442 F.3d 919 (5th Cir.2006), to hold that the plaintiffs breach of express warranty claim was preempted. Gomez, however, did not deal with warranties made in the off-label promotion of a medical device; rather, its preemption holding was based on the fact that “[the] express warranty was part of the IFU, which is itself part of the PMA process.” Gomez, 442 F.3d at 932. See also Caplinger v. Medtronic, 921 F.Supp.2d 1206, 1222 (W.D.Okla.2013) (<HOLDING>). Although the Court finds that the breach of Options: A. holding that although the express warranty claim was not federally preempted the plaintiff had not alleged sufficient facts for the claim to survive dismissal under rule 8 where the pjlaintiff alleged no facts demonstrating that defendants made any affirmations specifically to plaintiff or her physician so as to form the basis of the bargain B. holding that because the plaintiff was not disabled for the purposes of the ada this court need not to address the other elements of the prima facie case C. holding that even if the industry and federal regulations evidenced an inherent danger and the defendant knew or should have realized that the device was or was likely to be dangerous for the use for which it was supplied there was a complete absence of evidence that the defendant had reason to believe that the plaintiff or its employees would not realize the danger D. holding that the plaintiffs breach of express warranty claim was preempted because it would require a plaintiff to persuade a jury that the infuse device was not safe and effective contrary to the fdas approval but failing to address the fact that the fda did not approve the offlabel use E. holding that claim for breach of good faith and fair dealing was precluded but only because there was not an express agreement between the parties

assistant: The best answer is D. holding that the plaintiffs breach of express warranty claim was preempted because it would require a plaintiff to persuade a jury that the infuse device was not safe and effective contrary to the fdas approval but failing to address the fact that the fda did not approve the offlabel use