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: facts were more than sufficient to establish exigent circumstances warranting entry into the defendant’s house. The officers had been dispatched in reference to a kidnapping, and the 911 call that precipitated the dispatch was corroborated by the officers when they arrived at the defendant’s house. The 911 caller was at the scene, and she told the police that she had observed the defendant drag the victim into the house by the neck and heard the victim calling for help. Officer Jean-Francois was able to confirm that there was a woman in the house when he personally heard her screams. Under these circumstances, the officers’ belief that immediate action was necessary to protect life and to prevent serious bodily injury was reasonable. See Arango v. State, 411 So.2d 172, 174 (Fla. 1982) (<HOLDING>). The subsequent search of the defendant’s Options: A. recognizing that a justification defense requires a present imminent and impending threat which induced a wellgrounded fear of death or serious bodily injury B. holding that where safety is threatened and time is of the essence the courts have recognized that the need to protect life and to prevent serious bodily injury provides justification for an otherwise invalid entry C. holding that it was a double jeopardy violation to convict and sentence for both dui with serious bodily injury and driving without a valid license with serious bodily injury based on an injury to a single victim D. holding that specific intent is not element of assault resulting in serious bodily injury E. holding that the fatal injury to a murder victim may be considered as satisfying the bodily injury component of the capital felony of kidnapping with bodily injury

assistant: The best answer is B. holding that where safety is threatened and time is of the essence the courts have recognized that the need to protect life and to prevent serious bodily injury provides justification for an otherwise invalid entry
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice hereunder by you shall be given to the Company in writing and such notice shall be deemed duly given only upon receipt thereof by the General Counsel of the Company. Any notice hereunder by the Company shall be given to you in writing and such notice shall be deemed duly given only upon receipt thereof at such address as you may have on file with the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence that the MAG Committee did not fully represent the same constituencies. The recovery by MAG creditors surely would have been 100% if negotiations had been handled solely by the official committee, and drafting lock-up agreements does not seem to the court to rise to the level of a "substantial contribution." The MAG ad hoc Committee makes much of the "agreement” of other major parties in this case to payment of the committee’s fees and expenses. But the court does not understand the other parties in the case to be proponents of payment of the MAG ad hoc Committee; rather the other parties simply agreed not to object to the fees and expenses sought in the committee’s Application. See Plan § 6.2(d)(ii). 63 . See, e.g., In re Consol. Bancshares, Inc., 785 F.2d 1249 (5th Cir.1986) (<HOLDING>). 64 . This fact is one that distinguishes the Options: A. holding that a court has power to award attorney fees when authorized by contract statute or recognized ground of equity B. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency C. holding that a public administrator was not entitled to attorneys fees in a claim against the estate of a former guardian where the case was not one where attorneys fees were authorized and there was no evidence to support the award D. holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case E. holding that the applicant was not entitled to an award of attorney fees as having made a substantial contribution in a chapter 11 case where among other things the applicants efforts were duplicative of those of an equity security holders committee

assistant: The best answer is E. holding that the applicant was not entitled to an award of attorney fees as having made a substantial contribution in a chapter 11 case where among other things the applicants efforts were duplicative of those of an equity security holders committee
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 binding upon and inure to the benefit of (i) the Company and its successors and assigns, and (ii) Recipient and his or her heirs, devisees, executors, administrators and personal representatives.

assistant: Binding Effects
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: case when Ferrell’s father pur chased the Buick and had it titled in Scarborough’s name. Thus, Scarborough’s failure to complete the assignment of title by entering the name of the transferee on the certificate of title does not, per se, defeat the transfer of her ownership of the Buick. Accordingly, we must look to the specific circumstances in this case to determine if, and to whom, Scarborough’s ownership of the Buick was transferred. In order to effect a transfer of the ownership of a motor vehicle, two things are required: (1) the owner must actually deliver the endorsed certificate of title to the transferee, and (2) the owner must deliver possession of the vehicle to the transferee. See Nationwide Insurance Company v. Storm, 200 Va. 526, 528-29, 106 S.E.2d 588, 589-90 (1959) (<HOLDING>). Although Scarborough testified that the Buick Options: A. holding that a purchaser of a vehicle was a buyer in the ordinary course of business even though the car dealer did not provide the certificate of title at the time of the sale B. holding that delivery of citation is proper when delivered to a party capable of receiving it C. holding that delivery of possession of vehicle without delivery of certificate of title did not transfer ownership even though full payment had been received D. holding that ownership of vehicle later involved in accident passed to buyer even though assignment of title not completed E. holding that normal presumption of ownership in favor of holder of motor vehicle certificate of title may be rebutted despite language of minnstat 168a10 subd 5 providing that the transfer of a motor vehicle is not effective until titling requirements are complied with

assistant: The best answer is C. holding that delivery of possession of vehicle without delivery of certificate of title did not transfer ownership even though full payment had been received
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be deemed upon (a) the due execution and delivery to Bank of this Amendment by each party hereto, and (b) Borrower’s payment of Bank’s legal fees and expenses incurred in connection with this Amendment.

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: after the commission of, or the conviction for, the punishable offense. Hinojosa’s ineligibility for conduct credit accrual is not punishment for the offense of which he was convicted.... [I]t is punishment for gang-related conduct that occurred after January 25, 2010. See also In re Sampson, 197 Cal.App.4th at 1242, 130 Cal.Rptr.3d 39 (“[Petitioner's ineligibility for conduct credit accrual is not punishment for the offense of which he was convicted. ... It is punishment for gang-related conduct that continued after January 25, 2010.”). We do not question whether California can punish prison misconduct, including prison-gang-related misconduct, through administrative disciplinary procedures. See, e.g., Wilkinson v. Austin, 545 U.S. 209, 222-23, 125 S.Ct. 2384, 162 L.Ed.2d 174 (2005) (<HOLDING>). And we acknowledge that most administrative Options: A. holding that liberty interests implicating the due process clause are generally limited to freedom from restraint which imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life B. holding that a statecreated liberty interest in ones classification may exist where classification imposes atypical and significant hardship C. holding that united states v gaudin 515 us 506 115 sct 2310 132 led2d 444 1995 which shifted the determination of materiality in a prosecution under 18 usc 1001 from the judge to the jury was not a watershed rule justifying retroactive collateral review under teague D. holding that inmates protected liberty interests will be generally limited to freedom from restraint which while not exceeding the sentence in such an unexpected manner as to give rise to protection by the due process clause of its own force nonetheless imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life E. holding that administrative punishment does not implicate a liberty interest protected by the fifth amendment unless the punishment imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life quoting sandin v conner 515 us 472 484 115 sct 2293 132 led2d 418 1995

assistant: The best answer is E. holding that administrative punishment does not implicate a liberty interest protected by the fifth amendment unless the punishment imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life quoting sandin v conner 515 us 472 484 115 sct 2293 132 led2d 418 1995
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: PLS is a limited liability company, duly organized, validly existing and in good standing under the laws of the State of Delaware. PLS, as Servicer, is duly qualified to do business and is in good standing (or is exempt from such requirements) and has obtained all necessary licenses and approvals in each jurisdiction in which the failure so to qualify, or to obtain such licenses or approvals, would have a material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Property is in full compliance with all existing laws, rules, regulations, ordinances and orders of all applicable federal, state, city and other governmental authorities in effect as of the Execution Date (collectively, "Laws"), including, without limitation all Laws with respect to zoning, building, fire, life safety, health codes and sanitation. Seller has received no notice of, and has no knowledge of, nor has any reason to believe that there is, any condition currently or previously existing on the Property or any portion thereof which may give rise to any violation of any existing Law applicable to the Property if it were disclosed to the authorities having jurisdiction over the Property.

assistant: Compliance With 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: The Lenders agree to indemnify the Administrative Agent and its Related Parties, ratably according to their pro rata share of the Aggregate Credit Facility Exposure (excluding Swing Line Loans), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, reasonable expenses or disbursements of any kind whatsoever that may at any time (including at any time following the payment of the Obligations) be imposed on, incurred by or asserted against the Administrative Agent or such Related Parties in any way relating to or arising out of this Agreement or any other Loan Document, or any documents contemplated by or referred to herein or the transactions contemplated hereby or any action taken or omitted to be taken by the Administrative Agent or such Related Parties under or in connection with any of the foregoing, but only to the extent that any of the foregoing is not paid by the Borrower; provided, however, that no Lender shall be liable to the Administrative Agent or any of its Related Parties for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements to the extent resulting solely from the Administrative Agent’s or such Related Parties’ gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. If any indemnity furnished to the Administrative Agent or any such Related Parties for any purpose shall, in the opinion of the Administrative Agent, be insufficient or become impaired, the Administrative Agent may call for additional indemnity and cease, or not commence, to do the acts indemnified against until such additional indemnity is furnished. The agreements in this Section shall survive the payment of all Obligations.

assistant: Indemnifications
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 (a) by 9:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except: (a) as required by federal securities law in connection with (i) any registration and (ii) the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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 Corporation shall indemnify an Indemnitee (as hereinafter defined) against Liabilities (as hereinafter defined) and advance Expenses (as hereinafter defined) to an Indemnitee to the fullest extent permitted by applicable law and as provided in this Article IX. An Indemnitee shall be entitled to the indemnification provided in this Section 1, if, by reason of his being or having been an Officer/Director (as hereinafter defined), he is, or is threatened to be made, a party to any threatened, pending, or completed Proceeding (as hereinafter defined). Pursuant to this Section 1, an Indemnitee shall be indemnified against Expenses and Liabilities actually incurred by him or on his behalf in connection with such Proceeding or any claim, issue or matter therein.

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: did not apply because the wife had failed to file her petition with the clerk until after the sale. 43 Kan. at 596-97. Similarly, in Graham v. Pepple, 129 Kan. 735, 284 Pac. 394 (1930), a wife filed a petition for divorce asking for 53% acres in Washington County as alimony. The husband later sold this land to a third party. The Kansas Supreme Court held the real estate was sufficiently described for purposes of lis pendens because the husband owned only one 53%-acre tract in Washington County: “If the derelict husband had owned a hundred acres and she had merely laid claim to some undefined portion of it,” there may have been sufficient ambiguity in the description to uphold the transfer to the third party. 129 Kan. at 737; see also Rumsey v. Rumsey, 150 Kan. 49, 90 P.2d 1093 (1939) (<HOLDING>). In the context of mechanic’s hens, which also Options: A. holding that words which expressly refer to adequate legal description provide nucleus of description that is legally sufficient for statute of frauds B. holding that a void decree has no legal effect C. holding that an unconstitutional act of congress has no legal effect D. holding to the same effect E. holding divorce petition giving full legal description specific enough to generate lis pendens effect

assistant: The best answer is E. holding divorce petition giving full legal description specific enough to generate lis pendens effect
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: claim of ineffective assistance of trial counsel (his "Trial Counsel” claim) (as well as for his failure to raise his Wainwright and Batson claims on direct appeal), which in turns acts as "cause” for his procedural default of those claims not raised at trial. However, it is not clear that Williams could have raised his Trial Counsel claim on direct appeal. One of Williams’s two attorneys on direct appeal also represented him in the trial court (J.A. at 16), and the parties have not addressed whether, under these circumstances, Ohio law would have permitted Williams to raise his Trial Counsel claim on direct appeal and, if so, whether his counsel could have been expected to raise the Trial Counsel claim on direct appeal. Cf. State v. Lentz, 70 Ohio St.3d 527, 639 N.E.2d 784, 785 (1994) (<HOLDING>); State v. Cole, 2 Ohio St.3d 112, 443 N.E.2d Options: A. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate B. holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal C. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record D. holding that res judicata does not bar a defendant from raising a claim of ineffective assistance of trial counsel for the first time in a postcollateral proceeding if the defendant was represented by the same counsel at trial and on direct appeal or if an actual conflict of interest enjoined appellate counsel from raising a claim of ineffective assistance of trial counsel on direct appeal E. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel

assistant: The best answer is D. holding that res judicata does not bar a defendant from raising a claim of ineffective assistance of trial counsel for the first time in a postcollateral proceeding if the defendant was represented by the same counsel at trial and on direct appeal or if an actual conflict of interest enjoined appellate counsel from raising a claim of ineffective assistance of trial counsel on direct appeal
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 the debtor, if absent, is attached; or (iii) an act of bankruptcy is committed; or (B) the estate of a deceased debtor, in the custody of the executor or administrator, is not enough to pay all debts of the debtor. (2) This subsection does not apply to a case under title 11. (b) A representative of a person or an estate (except a trustee acting under title 11) paying any part of a debt of the person or estate before paying a claim of the Government is liable to the extent of the payment for unpaid claims of the Government. See 31 U.S.C § 3713. When a party claims that they are not subject to the provisions of § 3713, they have “the burden ... to show that they are not within the provisions of section 3713.” United States v. MacIntyre, 2012 U.S. Dist. LEXIS 87587, *8 (S.D. Tex. 2012) (<HOLDING>) (quoting United States v. Cole, 733 F.2d 651, Options: A. holding officer personally liable because he agreed to personally guarantee payment on an account B. holding that defendants met the test for individual liability under 3713 and were personally liable for distributions made from decedents estate and trust C. holding that under california law partners are personally liable for the debts and liabilities of the partnership including its tax liability D. holding that distributions from an inter vivos trust do not qualify as bequests and 541a5a does not operate to bring such distributions into the bankruptcy estate E. holding that individual defendants with supervisory control over plaintiff cannot be held personally liable under title vii

assistant: The best answer is B. holding that defendants met the test for individual liability under 3713 and were personally liable for distributions made from decedents estate and trust
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 term of this Note may be amended and the observance of any term of this Note may be waived (either generally or in a particular instance and either retroactively or prospectively) only with the written consent of Holder.

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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Security Agreement, all notices and other communications provided for hereunder shall be in writing and hand delivered with written receipt, telecopied, sent by facsimile (with a hard copy sent as otherwise permitted pursuant to the Credit Agreement), sent by a nationally recognized overnight courier, or sent by certified mail, return receipt requested to the appropriate party at the address or facsimile number of such party specified in the Credit Agreement, on the signature pages of this Security Agreement or at such other address or facsimile number as may be designated by such party in a notice to the other party. Except as otherwise provided in this Security Agreement, all such notices and communications shall be effective when delivered.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties may execute this Agreement in two or more counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or PDF shall be effective as delivery of a manually executed counterpart to this Agreement.

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: (a) Payments Free of Taxes; Obligation to Withhold; Payments on Account of Taxes . (i) Any and all payments by or on account of any obligation of any Loan Party under any Loan Document shall be made without deduction or withholding for any Taxes, except as required by applicable Laws. If any applicable Laws (as determined in the good faith discretion of the Administrative Agent) require the deduction or withholding of any Tax from any such payment by the Administrative Agent or a Loan Party, then the Administrative Agent or such Loan Party shall be entitled to make such deduction or withholding, upon the basis of the information and documentation to be delivered pursuant to subsection (e) below.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of Section 14(d) of the Plan are incorporated herein by reference and made a prt hereof; provided, that the Committee may allow a withholding of shares in excess of the minimum required statutory liability if the Committee determines that such excess withholding would not result on adverse accounting consequences.

assistant: Tax 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: 18.2-300(A). Because Addison and appellant shared the common intent to kill: they shared the common intent to commit all of the elements of [murder], including the use of such force [or] violence ... as would be expedient for the accomplishment of their purpose. An incidental probable consequence of such a shared intent was the use of a weapon, including a firearm if one should be at hand. In such circumstances, the law is well settled in Virginia that each co-actor is responsible for the acts of the others, and may not interpose his personal lack of intent as a defense. Carter v. Commonwealth, 232 Va. 122, 126, 348 S.E.2d 265, 267-68 (1986) (imposing vicarious criminal responsibility for use of a firearm by another); see also Cortner v. Commonwealth, 222 Va. 557, 281 S.E.2d 908 (1981) (<HOLDING>). For the reasons set forth above, we find that Options: A. holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used B. holding unarmed codefendant guilty for use of a firearm during the commission of robbery and abduction C. holding that an enhancement for an express threat of death may not be applied to the sentence for robbery when the threat is related to the use of the firearm and the defendant has a 924c sentence for the same firearm D. holding that code 182531 criminalizing use or display of a firearm in the commission of a felony included use of an instrument that gives the appearance of being a firearm E. holding that in a prosecution for possession of an unregistered firearm evidence of an armed robbery committed with the firearm was admissible

assistant: The best answer is B. holding unarmed codefendant guilty for use of a firearm during the commission of robbery and abduction
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: recommend that “these archaic common law rules [presumed damages and special damages] should be replaced by a single uniform rule that a plaintiff must prove actual damage to reputation, either pecuniary or non-pecuniary, to establish any cause of action for defamation.” Id. at 154, 692 A.2d 103. We concluded that until the Supreme Court formally abrogates slander per se (as some other states had), the “lower courts should invoke the slander per se doctrine only in cases where it clearly applies.” Id. at 155-56, 692 A.2d 103. Thus we declined to expand the categories of slander per se to include the statements in that case, which did not specifically accuse the plaintiff of past criminal conduct. Id. at 156-57, 692 A.2d 103. See also Rocci, supra, 323 N.J.Super. at 24-25, 731 A.2d 1205 (<HOLDING>). From the foregoing cases we distill a shift Options: A. holding that the governments position must have a reasonable basis in both law and fact citations omitted B. holding that for the administrative position of the government to be substantially justified it must have a reasonable basis both in law and fact C. holding that likelihood of irreparable harm must be based on evidence in the record not unsupported and conclusory statements regarding harm the plaintiff might suffer D. holding that there is no distinction having any first amendment significance between criminal libel and civil libel or criminal fraud and civil fraud for libelous or fraudulent speech both have no first amendment protection in either the civil or criminal context E. holding that a defamation plaintiff in both libel and slander cases must always proffer proof of harm in fact

assistant: The best answer is E. holding that a defamation plaintiff in both libel and slander cases must always proffer proof of harm in fact
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: appellant to press this claim with MHLC prior to bringing a legal action would serve little purpose. We conclude appellant’s cause of action under § 510 arose (and the limitations clock began running) when MHLC allegedly “discharge^] ... [appellant] ... for the purpose of interfering with the attainment of any right to which [appellant] may become entitled under the plan.” 29 U.S.C. § 1140. Limiting the district court’s ruling to only appellant’s § 510 claim for injunc-tive relief, we agree that the “most analogous claim for relief under New York law is a claim for employment discrimination which is barred after three years under N.Y. C.P.R. § 214(2).” District Court’s Order at 1; see also Murphy v. American Home Products Corp., 461 N.Y.S.2d 232, 448 N.E.2d 86, 58 N.Y.2d 293 (1983) (<HOLDING>). Thus, we agree with the district court that Options: A. holding that the bankruptcy codes threeyear lookback period which prescribes a period in which certain rights may be enforced is subject to equitable tolling B. holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the threeyear period of nycivpracl r 2142 C. holding that limitation period begins to run at the time of the breach D. recognizing an exception to the limitation period where the unlawful employment practice manifests itself over time rather than as a series of discrete acts E. holding that discrimination is unlawful even if only one of several motives for adverse employment action

assistant: The best answer is B. holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the threeyear period of nycivpracl r 2142
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: To show “bad faith,” plaintiff must show the union acted with “an improper intent, purpose, or motive.” Spellacy v. Airline Pilots Ass’n-Int’l, 156 F.3d 120, 126 (2d Cir.1998). Bad faith “encompasses fraud, dishonesty, and other intentionally misleading conduct.” Id. Plaintiffs must also show that the union’s actions caused them injury. Wood v. Int’l Bhd. of Teamsters, Chauffeurs, Warehousemen & Helpers, Local 406, 807 F.2d 493, 502 (6th Cir.1986) (“‘[C]ourts have held unions not hable for breaches of their duty of fair representation absent evidence that but for the union’s conduct, the employee would not have been injured.’ ” (quoting Anderson v. United Paperworkers Int’l Union, 641 F.2d 574, 580 n. 8 (8th Cir.1981))); see also Williams v. Molpus, 171 F.3d 360, 364 (6th Cir.1999) (<HOLDING>); Black, supra, 15 F.3d at 585 (same). A union Options: A. holding that where employee cannot establish unions breach of duty of fair representation in failing to process grievance he must abide the outcome of the contractual remedies B. holding that where an employee has never requested the union to file a grievance the employee can hardly argue a breach of the duty of fair representation on the unions part C. holding that a jail inmate does not have a constitutional entitlement to an adequate grievance procedure and the ineffectiveness or even absence of a grievance procedure does not give rise to a constitutional claim D. holding that in the grievance representation context an employee must prove that the unions acts tainted the grievance procedure such that the outcome was more than likely affected by the unions breach internal citation and quotation omitted E. holding that an ineffective grievance procedure bars employers defense based on that procedure

assistant: The best answer is D. holding that in the grievance representation context an employee must prove that the unions acts tainted the grievance procedure such that the outcome was more than likely affected by the unions breach internal citation and quotation 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: States v. Lopez, 649 F.3d 1222, 1247 (11th Cir.2011). Rule 403 should be used “only when unfair prejudice substantially outweighs probative value that the rule permits exclusion.” King, 713 F.2d at 631 (emphasis in original). In applying Rule 403, courts must “look at the evidence in a light most favorable to admission, maximizing its probative value and minimizing its undue prejudicial impact.” United States v. Alfaro-Moncada, 607 F.3d 720, 734 (11th Cir.2010). Because of this, a district court’s “discretion to exclude evidence ida law, a plaintiff bears the burden of proof on all four el that the defendant “need not prove another cause” but “only has to convince the trier of fact that the alleged negligence was not the legal cause of the injury.” 977 F.2d 673, 676 (1st Cir.1992) (<HOLDING>). The defendant’s alternative cause theories Options: A. holding defendant failed to preserve for appeal the question of admissibility of evidence that was the subject of the motion in limine where defendant failed to object to evidence when offered at trial B. holding that the court had an adequate record to grant the defendants motion for summary judgment because the relevant evidence would have been in plaintiffs possession C. holding that the defendants motion in limine which sought to exclude the evidence to which the defendant later made a general objection at trial adequately provided the context for determining the specific ground of objection D. holding that the district courts decision to grant plaintiffs motion in limine to exclude the defendants evidence because it was stated in terms of mere possibility instead of probability shifted the burden of proof to the defendant E. holding unconstitutional a mandatory rebuttable presumption that shifted to the defendant a burden of persuasion on the issue of intent

assistant: The best answer is D. holding that the district courts decision to grant plaintiffs motion in limine to exclude the defendants evidence because it was stated in terms of mere possibility instead of probability shifted the burden of proof to the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall be entitled to participate in Employer’s various employee benefit plans as same may be constituted from time to time, including without limitation Employer’s 401(k) Plan, in the same manner as generally offered to other senior management employees of Employer, subject to the terms and conditions of the plans, as same may be amended or terminated pursuant to their terms from time to time as determined by the Company in its sole discretion.

assistant: Benefits
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: with the child on alternating weeks for one consecutive week beginning Sunday evening at 6:00 p.m. and ending the following Sunday evening at 6:00 p.m. until the minor child is school age, which shall be defined as Pre-Kindergarten. When the child is of school age or enrolled in Pre-Kindergarten, Father shall have the child every other weekend from 6:00 p.m. on Friday through Monday. This is a self-executing change of custody provision which allows “for an automatic change in custody based on a future event without any additional judicial scrutiny.” (Punctuation omitted.) Scott v. Scott, 276 Ga. 372, 373 (578 SE2d 876) (2003). A self-executing change of custody provision may be permissible if the provision gives paramount importance to the child’s best interest. Scott, 276 Ga. at 375 (<HOLDING>). We find that the self-executing provision in Options: A. holding that the uccja applied to a california child custody order granting temporary custody of two children to their father B. holding that a triggering event such as remarriage or relocation violates the child custody statute C. holding that the statute as applied violates the commerce clause D. holding that when evidence did not prove dependency of child as alleged in complaint but revealed pure custody dispute juvenile court was without jurisdiction to determine custody of child E. holding that juvenile court that determined child was not dependent had no jurisdiction to thereafter determine custody of child

assistant: The best answer is B. holding that a triggering event such as remarriage or relocation violates the child custody 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 legal provision and list the applicable contract clause categories. Provision: Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. In case any provision in or obligation under this Agreement or any other PMH Document shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions in paragraphs 8 through 10, 13 through 22, and 25 inclusive, of this Agreement shall survive termination of Executive's employment, regardless of who causes the termination and under what circumstances.

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 legal provision and list the applicable contract clause categories. Provision: Sections 1 (Definitions), 5.1(f) (Audit), 5.5 (Product Recalls), 6 (IP Ownership), 7 (Representations and Warranties), 8 (Oculus Limited Warranty; Limitation on Liability), 9 (Indemnification), 10 (Confidential Information), 11.2(b), (c), (d) (Termination), 11.3 (Effect of Termination), and 12 (Miscellaneous) shall survive any expiration or termination of the Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Each Loan Party will, and will cause each of its Material Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that (i) the foregoing shall not prohibit any merger, consolidation, liquidation or , dissolution not restricted under this Agreement and (ii) none of the Loan Parties or any of its Material Subsidiaries shall be required to preserve, renew or keep in full force and effect its rights, licenses, permits, privileges or franchises if the Lead Borrower should reasonably determine that (a) the preservation and maintenance thereof is no longer desirable in the conduct of the business of Parent Holdings and its Subsidiaries, taken as a whole or (b) the failure to maintain and preserve the same would not reasonably be expected, in the aggregate, to result in a Material Adverse Effect.

assistant: Existence
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: B, 8 U. Miami Bus. L. Rev. 215, 220 (2000) [hereinafter “Dilorenzo Article”] (stating the rationale behind not allowing Regulation B as an affirmative defense). As a result, while these courts recognize a plaintiff can offensively assert an ECOA violation as a civil action to recover damages against a creditor, they refuse to recognize an ECOA violation asserted as an affirmative defense. 2. Position #2: A debtor can assert an ECOA violation as an affirmative defense in the nature of recoupment. Many federal and state jurisdictions have allowed a plaintiff to assert an ECOA violation as an affirmative defense, even after the two-year statute of limitations has run for an offensive ECOA claim, by way of recoupment. See, e.g., Bolduc v. Beal Bank, SSB, 167 F.3d 667, 672 (1st Cir.1999) (<HOLDING>); Silverman v. Eastrich Multiple Investor Fund, Options: A. holding the recoupment doctrine could allow a spouse to assert an ecoa affirmative defense against a creditor even after the statute of limitations had run B. holding even though an affirmative action for damages is barred the debtor may assert an ecoa violation defensively in the nature of recoupment C. holding defendant was entitled to assert an ecoa violation as an affirmative defense to avoid only her liability because to do otherwise would be to enforce conduct that is forbidden by the ecoa D. holding a plaintiff cannot assert a violation of the ecoa as an affirmative defense E. holding that ecoa violation cannot be asserted as affirmative defense

assistant: The best answer is A. holding the recoupment doctrine could allow a spouse to assert an ecoa affirmative defense against a creditor even after the statute of limitations had run
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 constitutes the entire agreement of the parties with respect to the subject matter hereof and shall supersede all prior agreements, whether written or oral, with respect thereto, including, without limitation, the employment agreement between the Company and Executive dated as of September 7, 2010, as amended dated as of August 16, 2013. In the event of any inconsistency between the terms of this Agreement and the terms of any other Company plan, policy, equity grant, arrangement or agreement with Executive, the provisions most favorable to Executive shall govern.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Authorization, statement, payment or other notices under this Agreement will be deemed given if delivered personally or by overnight courier service to the parties at the addresses stated above or such other address as either party may designate by notice as provided in this section.

assistant: Notices