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: New York, 240 A.D.2d 54, 669 N.Y.S.2d 741, 743 (N.Y.App.Div.1998); APAC-Carolina, Inc. v. Greensboro-High Point Airport Auth., 110 N.C.App. 664, 431 S.E.2d 508, 511-12 (N.C.Ct.App.1993). 8 . See, e.g., Bovis Lend Lease LMB Inc. v. GCT Venture, Inc., 285 A.D.2d 68, 728 N.Y.S.2d 25, 27 (N.Y.App.Div.2001) (a liquidation agreement has three basic elements: (1) the imposition of liability upon the general contractor for the subcontractor's increased costs, thereby providing the general contractor with a basis for legal action against the owner; (2) a liquidation of liability in the amount of the general contractor's recovery against the owner; and (3) a provision that provides for the "pass-through” of that recovery to the subcontractor); Barry, Bette & Led Duke, Inc., 669 N.Y.S.2d at 743 (<HOLDING>). 9 . Frank Coluccio Constr. Co., 779 S.W.2d at Options: A. holding a defense based on a contractual waiver and release of liability did not permit the award of attorneys fees in a negligence action B. holding that a challenge to part b determinations in an order involving both part a and part b must begin in district court C. holding that a showing of actual contractual liability on the part of the contractor is necessary in order for a passthrough claim to be permissible D. holding that to establish tort liability in a negligence action there must be a legal duty on the part of the defendant to plaintiff E. holding governmental immunity is no defense to contractual liability

assistant: The best answer is C. holding that a showing of actual contractual liability on the part of the contractor is necessary in order for a passthrough claim to be permissible
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: ESLI agrees that all copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and trade secrets conceived, discovered, developed or reduced to practice by ESLI, solely or in collaboration with Kulr or others, during the term of this Agreement that relate in any manner to thermal management, thermal storage, heat dissipation or related technologies (collectively, “ Inventions ”), are the sole property of Kulr. ESLI also agrees to assign (or cause to be assigned) and hereby assigns fully to Kulr all Inventions and any copyrights, patents, mask work rights or other intellectual property rights relating to all Inventions.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement is personal to the Participant and, without the prior written consent of the Company, shall not be assignable by the Participant other than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Participant’s legal representatives. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.

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: or principally supported by a church or convention or association of churches. § 443.036(21)(d)l, Fla. Stat. (2002). Although Comanic’s job remained the same throughout her base period , her employer technically changed. Specifically, for the first quarter of her base period her pay checks were issued by the Peace Child Care Center, Inc. In the last three quarters of Comanic’s base period, her pay checks were issued directly by the Church. We find that these employers both qualify as non-liable employers under section 443.036(21), Florida Statutes (2002), and w only with small children, performing day-to-day responsibilities, with no direct contact with the Church, is irrelevant in determining the primary purpose of the child care center. St. Martin, 451 U.S. at 783, 101 S.Ct. 2142 (<HOLDING>). Further, the employee policy, which Comanic Options: A. holding that a company exercising substantial control of the terms and conditions of the work of the employees is an employer under the flsa B. holding that where only one interpretation of contractual terms is possible a court may decide the meaning of those terms as a matter of law C. holding because legislature knew how to include terms within statutory definition and did not do so statutory definition did not include terms in light of the terms contemporaneous inclusion of the same terms in a separate provision D. holding futa after which florida molded its unemployment law is phrased entirely in terms of the nature of the employer and not in terms of the work performed or the place at which the employee works E. holding that the court could review the south dakota supreme courts interpretation of its unemployment compensation tax statute because its analysis depended entirely on its understanding of the meaning of futa and the first amendment

assistant: The best answer is D. holding futa after which florida molded its unemployment law is phrased entirely in terms of the nature of the employer and not in terms of the work performed or the place at which the employee works
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 Member shall become 100% vested in his Retirement Savings Contributions upon the attainment of 3 Years of Service (as determined in accordance with the Qualified Plan pursuant to which such Member’s Retirement Savings Contributions were made).

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: Brace’s order to stop. However, by making such an assertion, defendant concedes that the State offered Meredith’s testimony to show why defendant acted in the manner that he did — specifically, that after Brace initially ordered him to stop, he ran and continued to run despite Brace’s additional orders to stop. As Gonzales explained, such evidence is an exception to the hearsay rule. Gonzales, 379 Ill. App. 3d at 954, 884 N.E.2d at 239. However, even if the State had not offered this statement to show why defendant acted in the manner that he did, its admission would still have been proper. The command “Stop” is not subject to the credibility problems that the hearsay rule was designed to prevent. See, for example, In re Keith C., 378 Ill. App. 3d 252, 265, 880 N.E.2d 1157, 1170 (2007) (<HOLDING>). However, no “truth of the matter asserted” is Options: A. holding that the admission of testimonial statements against a defendant is unconstitutional when the declarant does not appear at trial unless the declarant is unavailable and the defendant had a prior opportunity for crossexamination B. holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence C. holding that it was permissible for the state to test the credibility of appellants trial testimony by crossexamination D. holding that the primary rationale for the exclusion of hearsay testimony is the inability of the opposition to test the testimonys reliability through crossexamination of the outofcourt declarant E. holding that when declarant is unavailable outofcourt statements that are testimonial are inadmissible even if they meet an exception to the hearsay rules

assistant: The best answer is D. holding that the primary rationale for the exclusion of hearsay testimony is the inability of the opposition to test the testimonys reliability through crossexamination of the outofcourt declarant
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: providing a precise and accurate translation of the exact testimony of a witness.” Poblete, 2010 ME 37, ¶ 27, 993 A.2d 1104 (quotation marks omitted). We have made clear, however, that “minor deviations from the rules governing interpreters will not necessarily render a trial fundamentally unfair.” Id.; see also, e.g., id. ¶¶ 16-18, 28-29 (upholding trial court’s denial of the defendant’s motion for a mistrial where the defendant “presented no evidence that the lack of a word-for-word contemporaneous translation” of certain testimony affected his decision to testify); State v. Green, 564 A.2d 62, 63-64 (Me.1989) (concluding that the failure to appropriately qualify or swear in an interpreter did not deprive the defendant of a fair trial); State v. Doucette, 398 A.2d 36, 39-40 (Me.1978) (<HOLDING>). [¶ 43] Here, the trial court carefully Options: A. holding that an interpreters occasional lapses from first to third person when interpreting for the victim did not deprive the defendant of a fair trial B. recognizing that a lawyer hired by a third person to represent a client should exercise judgment on behalf of the client independent from the interests of the third person C. holding that the prosecutors description of the defendant as a demon did not deprive him of a fair trial D. holding that the person who travels as an agent of person defrauded is a victim E. holding that if defendants developed the intent to deprive the victim of his money only after they beat him unconscious theft would constitute larceny from the person but not robbery

assistant: The best answer is A. holding that an interpreters occasional lapses from first to third person when interpreting for the victim did not deprive the defendant of a fair trial
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: during the limitations period. Seale, 13 F.3d at 854; Dawson, 4 F.3d at 1309-13. The FDIC must prove that the majority of directors were “active participants in wrongdoing or fraud.” Dawson, 4 F.3d at 1312. Dawson declined to define what level of culpability rises to the level of active participation in wrongdoing or fraud. Id. at 1313 n. 4. Seale, however, seems to have clarified the matter somewhat. As the Court reads Seale, in order to prove that a director was an “active participant in wrongdoing or fraud” as called for by Dawson, the FDIC must be prepared to show that the director: (1) was guilty of gross negligence, (2) was guilty of a breach of fiduciary duty, or (3) intentionally engaged in wrongful conduct. See Seale, 13 F.3d at 854-55; contra Acton, 844 F.Supp. at 317 (<HOLDING>). Intentionally engaging in wrongful conduct Options: A. holding that even gross negligence does not of itself justify an inference of intent to deceive B. holding that dawson proscribes gross negligence C. holding that negligence does not violate the due process clause but reserving the question whether gross negligence does D. holding that cjulpable negligence is negligence of a gross and flagrant character which evinces a reckless disregard for the safety of others E. holding that ordinary negligence and gross negligence are not separate causes of action

assistant: The best answer is B. holding that dawson proscribes gross negligence
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 interpreted and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Venue for any action concerning this Agreement or the subject matter of this Agreement shall be solely in the federal or state courts located in the City and County of Denver, state of Colorado.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Investor may, subject to applicable Law, (a) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered pursuant hereto, (b) extend the time for the performance of any of the obligations or acts of the other party or (c) waive compliance by the other party with any of the agreements contained herein applicable to such party or, except as otherwise provided herein, waive any of such party’s conditions. Notwithstanding the foregoing, no failure or delay by the Company or an Investor Party in exercising any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right hereunder. Any agreement on the part of a party hereto to any such extension or waiver shall be valid only if set forth in an instrument in writing signed on behalf of such party.

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

user: The Receiving Party: (d) shall not disclose to any person (other than those of its Representatives who are actively and directly participating in the Evaluation or who otherwise need to know for the purpose of the Evaluation) any information about the Evaluation, or the terms or conditions or any other facts relating thereto, including, without limitation, the fact that discussions are taking place with respect thereto or the status thereof, or the fact that Confidential Information has been made available to the Receiving Party or its Representatives.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the use of the words "shall seek” somewhat ambiguous. We resolve that ambiguity, however, with the presumption that, absent a clearly expressed legislative intent to the contrary, Congress intended the words “shall seek” to be interpreted according to their ordinary meaning. United States v. Turkette, 452 U.S. 576, 580, 101 S.Ct. 2524, 2527, 69 L.Ed.2d 246 (1980). The legislative history cited by Conille is not a clearly expressed congressional intent that "shall seek” means “shall.” 13 . While we agree with our own district court on this issue, we also find helpful the reasoning of other courts that have approached this issue, albeit, from slightly different angles. See Chase v. Theodore Mayer Bros., 592 F.Supp. at 97-98; see also Mann v. Pierce, 803 F.2d 1552, 1557-58 (11th Cir.1986) (<HOLDING>). 14 . We have pointed out, supra note 10, that Options: A. holding that generally punitive damages are not available for a breach of contract B. holding that provision barring recovery of consequential damages did not necessarily bar all loss of use damages but damages for loss of use of money were consequential C. holding that plaintiffs consequential damages were too speculative because no evidence connected damages to defendants breach of contract D. holding that consequential damages are not to be considered E. holding that secretarys sovereign immunity defense to tenants claim for damages for breach of implied warranty of habitability does not bar tenants right to seek restitution but leaving open question whether consequential damages available

assistant: The best answer is E. holding that secretarys sovereign immunity defense to tenants claim for damages for breach of implied warranty of habitability does not bar tenants right to seek restitution but leaving open question whether consequential damages available
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: procedure utilized by the Board, which, as discussed above, requires a hearing officer to provide recommendations to the Board, which, in turn, issues the final decision. Thus, Nixon does not require the application of subsection (a)(1) in this case. Just as the ALJ’s delay in the present case in issuing recommendations to the Board did not violate the applicable provisions of the AAPA, her actions did not justify the trial court’s conclusion that Hardy’s right to procedural due process had been violated. As the Board points out, the United States Supreme Court has held that a delay in the administrative process does not, by itself, constitute the deprivation of procedural due process. See Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 547, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985) (<HOLDING>). Following its decision in Loudermill, the Options: A. holding that violation of state law was not a per se constitutional violation B. holding that denial of access per se is noncompensable C. holding such agreements to be per se illegal D. holding that per se statutory rule is not permissible under fourth amendment E. holding that a 9month adjudication is not of course unconstitutionally lengthy per se

assistant: The best answer is E. holding that a 9month adjudication is not of course unconstitutionally lengthy per se
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 capitalization of the Company prior to Closing is as set forth in the Company’s SEC Reports. Other than as set forth in the SEC Reports, no Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents except for such, if any, as will have been validly waived before the Closing. The issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities.

assistant: Capitalization
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 TRADEMARK SECURITY AGREEMENT SHALL BE SUBJECT TO THE PROVISIONS REGARDING CHOICE OF LAW AND VENUE AND JURY TRIAL WAIVER SET FORTH IN SECTION 14 OF THE LOAN AGREEMENT, AND SUCH PROVISIONS ARE INCORPORATED HEREIN BY THIS REFERENCE, MUTATIS MUTANDIS .

assistant: Venues
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 has reviewed with his own tax advisors the applicable tax (U.S., state, and local) consequences of the transactions contemplated by this Agreement. Executive is relying solely on such advisors and not on any statements or representations of the Company or any of its agents. Executive understands that Executive (and not the Company) shall be responsible for any tax liability that may arise as a result of the transactions contemplated by this Agreement.

assistant: Representations
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: You understand that the waiver by the Company with respect to your compliance with any provision of this Award Agreement shall not operate or be construed as a waiver of any other provision of this Award Agreement, or of any subsequent breach of such party of a provision of this Award Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any person who creates a ugv will be referred to herein as a `` creator , '' and any person who uses any user content from another 's ugv to create a collaborative ugv as permitted by this eula will be referred to herein as an `` editor . ''

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: Each of Landlord and Tenant (in such capacity, the “ Indemnifying Party ”) represents and warrants to the other party (in such capacity, the “ Indemnified Party ”) that the Indemnifying Party has not dealt with any broker or agent in the negotiation for or the obtaining of this Amendment and agrees to reimburse, indemnify, save, defend (at the Indemnified Party’s option and with counsel reasonably acceptable to the Indemnified Party, at the Indemnifying Party’s sole cost and expense) and hold harmless the Indemnified Party and its affiliates and their respective shareholders, members, directors, officers and employees and their respective successors and assigns for, from and against any and all cost or liability for compensation claimed by any such broker or agent employed or engaged by the Indemnifying Party or claiming to have been employed or engaged by the Indemnifying Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: what their public officers are doing in the discharge of public duties against the interest of the general public in having the business of government carried on efficiently and without undue interference. Stone, at 681. The Alaska court was quick to point out that this balance does not interfere with any preference for disclosure established by its public records act because the burden is still on the agency to show that the public interest weighs on the side of nondisclosure. Anchorage Daily News, at 591. While we recognize that the public has some degree of interest in disclosure of the evaluations of prosecutors, in light of the potential harm disclosure could cause, we hold that legitimate public concern is lacking in this case. Cf. Stern v. FBI, 737 F.2d 84, 93 (D.C. Cir. 1984) (<HOLDING>). Disclosure could harm the public interest in Options: A. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant B. holding that public interest based only on a general notion of public servant accountability does not necessarily require disclosure C. recognizing the public interest exception D. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public E. holding that the only relevant public interest in disclosure is the extent to which disclosure would serve the core purpose of the foia which is contributing significantly to public understanding of the operations or activities of the government

assistant: The best answer is B. holding that public interest based only on a general notion of public servant accountability does not necessarily require disclosure
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: an action alleging alienation of affection, even when the claim is alleged under the guise of a claim for intentional infliction of emotional distress. See Quinn v. Walsh 49 Mass.App.Ct. 696, 703 (2000). Thus, where the triggering factor alleged to have caused the intentional infliction of emotional distress upon the plaintiff is an adulterous affair, the courts do not consider such claims as separate or different from one based solely on alienation of affection. Id. at 704. Therefore, such claims cannot be brought as they have no support grounded in law where “(b]y abolishing these common law torts, the Legislature has registered its intent to preclude recovery for emotional distress resulting from adultery.” See Id. at 705; Korper v. Weinstein, 57 Mass.App.Ct. 433, 439 (2003) (<HOLDING>). Although this court is sensitive and Options: A. holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute B. recognizing the tort of intentional infliction of emotional distress C. holding claim for intentional infliction of emotional distress not shown where consensual sexual relations involved D. recognizing validity of cause of action for intentional infliction of emotional distress E. holding that act did not bar intentional infliction of emotional distress claim

assistant: The best answer is C. holding claim for intentional infliction of emotional distress not shown where consensual sexual relations involved
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower agrees to pay and reimburse the Administrative Agent for all its reasonable costs and out-of-pocket expenses incurred in connection with the preparation and delivery of this Amendment, including, without limitation, the reasonable fees and disbursements of counsel to the Administrative Agent (and, in the case of any such expenses, for which invoices in reasonable detail shall have been presented to the Borrower prior to the Second Amendment Effective Date).

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: The term "Confidential Information" does not include information that (ii) is or becomes available to the receiving party from a source other than the delivering party or its Representatives, provided that such source is not known by the receiving party to be bound by an obligation of confidentiality to such delivering party or its Representatives; or

assistant: No
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: Subject to the terms and conditions set forth herein, (i) the Existing Letters of Credit shall be refunded, refinanced, replaced and deemed issued hereunder and, on and after the Closing Date, shall constitute Letters of Credit for all purposes hereunder and under the Loan Documents and (ii) on and after the Closing Date, the Borrower may request the issuance of dollar denominated Letters of Credit for its own account or for the account of any of its Restricted Subsidiaries, in a form reasonably acceptable to the Administrative Agent and the Issuing Bank, at any time and from time to time during the period from the Closing Date until the day which is five (5) Business Days prior to the end of the Availability Period; provided that, in addition to the conditions set forth in Section 6.02 , the Borrower may not request the issuance, amendment, renewal or extension of Letters of Credit hereunder if (x) the LC Exposure would exceed the LC Commitment or (y) the Revolving Credit Exposure of any Lender would exceed the Commitment of such Lender (collectively, the “ LC Availability Requirements ”). In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the Borrower to, or entered into by the Borrower with, the Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control.

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: 963416 (S.D.N.Y. March 15, 2010). However, this case law, coupled with Trilegiant’s proposed stipulation, does not obviate the need for the discovery sought by Sitel. Cf. Palm Bay International, Inc. v. Marchesi Di Barolo S.p.A., No. 09 CV 601, 2009 WL 3757054, at *3 (E.D.N.Y. Nov. 9, 2009) (“[Plaintiff] has asserted that it is willing to enter into a stipulation with Defendant withdrawing such claims to the extent that Defendant continues to interpret the Amended Complaint as seeking damages relating to goodwill____Accordingly, the categories of discovery which are the subject of this motion are no longer relevant to the claims asserted by Plaintiff nor to any defense corresponding to such claims.”). Documents that show actual damages — beyond those to which Trilegiant is willing t 5 (<HOLDING>). Although actual damages need not be precisely Options: A. holding that information related to mitigation of damages is relevant and discoverable since it would be inappropriate for the court to decide substantive question of plaintiffs duty to mitigate at discovery stage B. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage C. holding that information related to mitigation of damages is relevant and discoverable since it would be inappropriate for court to determine at discovery stage if liquidated damages clause applied although its application would obviate duty to mitigate D. recognizing that the appellate courts review of the entire record protects against fraud or inaccuracy that might not be discoverable at the motion to transfer venue stage E. holding that employee had duty to mitigate damages following breach of employment contract by accepting offer of reinstatement

assistant: The best answer is A. holding that information related to mitigation of damages is relevant and discoverable since it would be inappropriate for the court to decide substantive question of plaintiffs duty to mitigate at discovery stage
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: Many of these statutes seek to increase transparency in the foreclosure process by requiring that foreclosure notices provide more information to the homeowner about the parties involved in the foreclosure proceedings. See generally John Rao et al., Nat’l Consumer Law Ctr., Foreclosures 146-47 & n. 349 (3d ed.2010) (compiling laws in California, Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey, and North Carolina). California, under whose law a number of claims in this case arise, has recently enacted the Homeowner Bill of Rights. Among other things, the new California statute seeks to ensure that “borrowers who may qualify for a foreclosure alternative are considered for, and have a meaningful opportunity to obtain, available loss mitigat , 770 N.W.2d 487, 501 (Minn.2009) (<HOLDING>); Edelstein v. Bank of N.Y. Mellon, 286 P.3d Options: A. holding that the mere absence of a tape recording or transcript does not mean that an alien is deprived of his due process rights B. holding that informant acted under color of law when fbi supervised recording C. holding that minnesota law does not require recording of assignments of promissory notes among mers members D. holding rhode island law does not require recording of assignments among mers members E. holding that a letter describing discussions between board members did not support conclusion that the three members whom a jury could find individually acted with racial animus had an understanding among themselves to do so

assistant: The best answer is C. holding that minnesota law does not require recording of assignments of promissory notes among mers members
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: . Plaintiff indicated that she required her husband's help only in lifting heavy grocery items. 145 . Dr. Yarosh’s report contains the following statement: "Dr. Confer does not see [plaintiff] as permanently and totally disabled and does not know what to make of her symptoms of selective cognitive dysfunction." CNA2-140. Plaintiff "strenuously objects" to this statement as inadmissible hearsay. The court need not address plaintiff's objection, however, because even without considering the alleged hearsay, there is no evidence in the record to show that Dr. Confer considered plaintiff to be disabled. Dr. Confer never directly gave an opinion about plaintiff's disability status, one way or another. See Horton v. Reliance Standard Life Insurance Co., 141 F.3d 1038, 1040 (11th Cir.1998) (<HOLDING>). 146 . For example, her "immediate memory” Options: A. holding that the board properly placed the burden of proving entitlement to benefits on the applicant B. holding that a plaintiff in an erisa denial of benefits case bears the burden of proving her entitlement to contractual benefits C. holding that erisa benefits are not property of the estate D. recognizing that the party seeking attorney fees bears the burden of proving entitlement to those fees E. holding that retirement benefits are accrued benefits under erisa

assistant: The best answer is B. holding that a plaintiff in an erisa denial of benefits case bears the burden of proving her entitlement to contractual 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 legal provision and list the applicable contract clause categories. Provision: The Executive agrees that the Executive shall not, directly or indirectly, use, make available, sell, disclose or otherwise communicate to any person, other than in the course of the Executive's employment and for the benefit of the Company, at any time following the Date of Termination, any nonpublic, proprietary or confidential information, knowledge or data relating to the Company, any of its subsidiaries, affiliated companies or businesses, which shall have been obtained by the Executive during the Executive's employment by the Company. The foregoing shall not apply to information that (i) was known to the public prior to its disclosure to the Executive, (ii) becomes known to the public subsequent to disclosure to the Executive through no wrongful act of the Executive or any representative of the Executive, or (iii) the Executive is required to disclose by applicable law, regulation or legal process ( provided that the Executive provides the Company with prior notice of the contemplated disclosure and reasonably cooperates with the Company at its expense in seeking a protective order or other appropriate protection of such information). Notwithstanding clauses (i) and (ii) of the preceding sentence, the Executive's obligation to maintain such disclosed information in confidence shall not terminate where only portions of the information are in the public domain.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not established where defendant failed to identify any lost witnesses or evidence or showed increased risk of such loss due to delay). As mentioned above, a defendant can also demonstrate prejudice without the need to show affirmative proof of prejudice if the delay is excessive. In Hakeem, the Third Circuit opined that a delay of “fourteen and one-half months ... is insufficient to allow an inference of prejudice solely from the length of the delay.” Hakeem, 990 F.2d at 764. Conversely, in Battis, the Third Circuit found that a 45-month delay raised a presumption of prejudice. Battis, 589 F.3d at 682-83. Other courts have held that delays caused by the prosecution which exceed two years are presumptively prejudicial. See United States v. Ingram, 446 F.3d 1332, 1339 (11th Cir. 2006) (<HOLDING>); United States v. Erenas-Luna, 560 F.3d 772, Options: A. recognizing that the triggering date preceding a speedy trial analysis is synonymous with a presumptively prejudicial delay B. holding threeyear delay between indictment and arraignment caused by the serious negligence of the government presumptively prejudicial C. holding that twoyear delay was not reasonable D. holding that a twoyear postindictment delay presumptively prejudicial E. holding that the delay is presumptively prejudicial does not necessarily mean the first factor weighs against the state but requires further consideration of the extent of the delay beyond this period

assistant: The best answer is D. holding that a twoyear postindictment delay presumptively prejudicial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Borrower and its Significant Subsidiaries has title in fee simple to, or a valid leasehold interest in, all its real property, and good title to, or a valid leasehold interest in, all its other property, except where failure to have such title or valid leasehold interest would not be likely to have a Material Adverse Effect and except for Liens permitted by Section 6.3, and none of such property is subject to any Lien except as permitted by Section 6.3.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, each of NESR and Olayan shall bear its own expenses incurred in connection with the negotiation and execution of this Agreement and each other agreement, document and instrument contemplated by this Agreement and the consummation of the transactions contemplated hereby and thereby, it being understood that in no event shall the Company bear any of such costs and expenses.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 396 U.S. 365 90 S.Ct. 498 24 L.Ed.2d 586 Camillo MOLINARO, Appellantv.NEW JERSEY. No. 663. Jan. 19, 1970. Burrell Ives Humphreys, for appellant. PER CURIAM. 1 This case comes to the Court on appeal from the New Jersey state courts, which have affirmed appellant Molinaro's conviction for abortion and conspiracy to commit abortion. We are informed by both appellant's counsel and counsel for the State that Molinaro, who was free on bail, has failed to surrender himself to state authorities. His bail has been revoked, and the State considers him a fugitive from justice. Under these circumstances we decline to adjudicate his case. 2 The Court has faced such a situation before, in Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876), and Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887). In each of those cases, which were before the Court on writs of error, the Court ordered the case removed from the docket upon receiving information that the plaintiff in error had escaped from custody. In Smith, the case was dismissed at the beginning of the following Term. See 18 Geo.Wash.L.Rev. 427, 430 (1950). In Bonahan, the case was stricken from the docket on the last day of the Term in which it arose. See also National Union of Marine Cooks and Stewards v. Arnold, 348 U.S. 37, 43, 75 S.Ct. 92, 95, 99 L.Ed. 46 (1954); Eisler v. United States, 338 U.S. 189 and 883, 69 S.Ct. 1453, 93 L.Ed. 1897 (1949); Allen v. Georgia, 166 U.S. 138, 17 S.Ct. 525, 41 L.Ed. 949 (1897). No persuasive reason exists why this Court should proceed to adjudicate the merits of a criminal case after the convicted defendant who has sought review escapes from the restraints placed upon him pursuant to the conviction. While such an escape does not strip the case of its character as an adjudicable case or controversy, we believe it disentitles the defendant to call upon the resources of the Court for determination of his claims. In the absence of specific provision to the contrary in the statute under which Molinaro appeals, 28 U.S.C. § 1257(2), we conclude, in light of the Smith and Bonahan decisions, that the Court has the authority to dismiss the appeal on this ground. The dismissal need not await the end of the Term or the expiration of a fixed period of time, but should take place at this time. 3 It is so ordered. 4 Mr. Justice DOUGLAS concurs in the result.

assistant: 1
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: “no parole offense” as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days. S.C.Code Ann. § 24-13-230(A). Like § 24-13-210, I would find that § 24-13-230(A) is clear and unambiguous. In my opinion, the legislature’s use of the word “may” indicates its intention that any reduction in sentence pursuant to § 24-13-230(A) be left to the discretion of DOC. See Carolina Power & Light Co. v. Pageland, 321 S.C. 538, 543, 471 S.E.2d 137, 140 (1996) (<HOLDING>). Stated differently, there is no mandatory Options: A. holding that if the statutory terms are unambiguous a courts review ends and the statute is construed according to the plain meaning of its words B. holding that if words of statute are unambiguous there is no room for judicial construction C. holding that when a statutes terms are clear and unambiguous on their face there is no room for statutory construction and a court must apply the statute according to its literal meaning D. recognizing court must enforce unambiguous contract according to its terms E. holding that an appellate court must give a statute its clear and plain meaning when the statute is unambiguous

assistant: The best answer is C. holding that when a statutes terms are clear and unambiguous on their face there is no room for statutory construction and a court must apply the statute according to its literal meaning
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: for the purpose of building a toll plaza and an administrative building, which the court deemed “necessary for the construction and use” of a state highway. State v. M. Madic, Inc., C.A. Nos. 96C-11-192, 96C-11-193, 96C-11-196, 96C-11-197, slip. op. 17-19, Quillen, J. (Del.Super.Jan. 24, 1997). Ultimately, the court reasoned, the property owners’ proffered interpretation of the statute would “hamstring DelDOT’s efforts to construct any state roadway, and Title 17 is not so restrictive.” Id. Courts in other states have also concluded that environmental mitigation is a practical necessity for public construction projects and have allowed state agencies to condemn private land for wetlands mitigation. See State v. Trap Rock Industries, Inc., 338 N.J.Super. 92, 768 A.2d 227, 231 (2001) (<HOLDING>); Dare County Board of Education v. Sakaria, Options: A. holding that loss of access resulting from a median strip constructed as part of a highway widening project was a proper consideration because any factor that has a present quantifiable effect on the market value of the property is proper as an element of damages B. holding that property owner still has relief in the form of the return of his property though condemnation was complete and a highway was constructed across the property C. holding that a certified question was sufficient when it was evident that the statement of the issue reflected the grounds for suppression that defendant asserted at the trial court even though it could have been more precisely drafted D. holding that a landowner whose property was taken in a highway widening project could recover only for the lost land and not for losses caused by traffic islands constructed as part of the same project E. holding that although mitigation is strictly environmental in its nature the highway could not have been constructed without it therefore the property at issue was realistically needed for transportation purposes

assistant: The best answer is E. holding that although mitigation is strictly environmental in its nature the highway could not have been constructed without it therefore the property at issue was realistically needed for transportation purposes
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: Headings and captions used in the Financing Documents (including the Exhibits, Schedules and Annexes hereto and thereto) are included for convenience of reference only and shall not be given any substantive effect.

assistant: Headings