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: crime of violence under the elements clause. As a result, there is no need to reach the constitutionality of Section 924(c)(3)(B)’s residual clause. See Ashwander v. Tennessee Valley Auth., 297 U.S. 288, 347, 56 S.Ct. 466, 80 L.Ed. 688 (1936) (Brandeis, J., concurring) (“[I]f a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter.”). The determination of whether a predicate offense is a crime of violence under the elements clause is not made on the facts of the specific allegations against a defendant, but is instead made categorically based on the elements of the offense. See Aguilar v. Att’y Gen. of the United States, 663 F.3d 692, 695 (3d Cir. 2011) (<HOLDING>); United States v. Butler, 496 Fed.Appx. 158, Options: A. holding that sexual assault of a child qualified as crime of violence under 18 usc 16 B. holding that the categorical approach applies to the identical definition of crime of violence in 18 usc 16 C. holding that the categorical approach applies to 924c D. holding dui causing serious bodily injury is not a crime of violence under 18 usc 16 E. holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16

assistant: The best answer is B. holding that the categorical approach applies to the identical definition of crime of violence in 18 usc 16
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 BIA’s decision. 1 . United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1465 U.N.T.S. 85, G.A. Res. 39/46, U.N. GAOR 39th Sess., Supp. No. 51 at 197, U.N. Doc. A/39/51 (1984); see also implementing regulations at 8 C.F.R. § 208.18. 2 . In this regard, the IJ's finding is supported by Yusif's statement to the airport immigration official that he fled Iraq because he "use[d] to have a big place that sold alcohol in big quantities. Then the government took over.” When asked if this were the reason he left Iraq, he responded that ‘‘[tjhe main reason is because after [they took over the store], they would give us a hard time.” See Sale v. Haitian Ctrs. Council, Inc., 509 U.S. 155, 162 n. 11, 113 S.Ct. 2549, 125 L.Ed.2d 128 (1993) (<HOLDING>). 3 . A quick note about our jurisdiction is Options: A. holding the fact that petitioners had been the victims of criminal activity in russia is not a basis for asylum unless their harassers knew of and pursued them because of race religion nationality membership in a particular group or political opinion B. holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution C. holding that forced recruitment does not amount to persecution without a showing that it was on account of petitioners political opinion D. holding that absent past persecution an alien can demonstrate eligibility for asylum based on a wellfounded fear of future persecution by demonstrating that he or she subjectively fears persecution and that this fear is objectively reasonable E. holding that a petitioners unwillingness to return must be based upon persecution or a wellfounded fear of persecution on account of race religion nationality membership in a particular social group or political opinion

assistant: The best answer is E. holding that a petitioners unwillingness to return must be based upon persecution or a wellfounded fear of persecution on account of race religion nationality membership in a particular social group or political opinion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Asset Representations Reviewer is required by applicable law, regulation, rule or order issued by an administrative, governmental, regulatory or judicial authority to disclose part of the Confidential Information, it may disclose the Confidential Information. However, before a required disclosure, the Asset Representations Reviewer, if permitted by law, regulation, rule or order, will use its reasonable efforts to provide the Issuer and the Servicer with notice of the requirement and will cooperate, at the Servicer's expense, in the Issuer's and the Servicer's pursuit of a proper protective order or other relief for the disclosure of the Confidential Information. If the Issuer or the Servicer is unable to obtain a protective order or other proper remedy by the date that the information is required to be disclosed, the Asset Representations Reviewer will disclose only that part of the Confidential Information that it is advised by its legal counsel it is legally required to disclose.

assistant: Disclosures
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: • fail to deliver items sold by you , unless you have a valid reason as set out in an ebay policy , for example , the buyer fails to comply with the posted terms in your listing or you can not contact the buyer ;

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: termination proceeding, without relying on any findings from the proceeding in which Father did not participate. Under Rule 201 of the Utah Rules of Evidence, judicially noticed facts are conclusively established in civil actions for purposes of the fact finding process and a "party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed." Utah R. Evid. 201(e). In addition, "[clonsider-ations regarding a child's welfare are rarely, if ever, static. In fact, it is more likely that the child's environment is constantly evolyv-ing, thus justifying the court's continuing jurisdiction." In re J.J.T., 877 P.2d 161, 163 (Utah Ct.App.1994); see also In re A.S., 12 Kan.App.2d 594, 752 P.2d 705, 711 (1988) (<HOLDING>). ¶11 In this case, the juvenile court granted Options: A. recognizing that a 11 evidence must be relevant to be admissible B. holding counsel must only provide relevant facts of the crime C. holding that court must be free to examine all cireumstances evidence prior facts and orders and other relevant information in termination proceedings D. holding that the trier of fact must be allowed to consider and give effect to all relevant mitigating evidence E. recognizing that a court granted jurisdiction by statute to review the legality of administrative orders is also empowered to examine the constitutionality of the statute by virtue of which such orders were entered

assistant: The best answer is C. holding that court must be free to examine all cireumstances evidence prior facts and orders and other relevant information in termination proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all written or verbal representations, warranties, commitments and other understandings with respect to the subject matter of this Agreement prior to the date of this Agreement, including the Original Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: for want of parties who may not be joined. NOW THEREFORE, IT IS HEREBY ORDERED: 1. That the Eastern Shoshone Tribe’s Motion to Dismiss it as a party (Doc. No. 90) is GRANTED; 2. That the United States’ Motion to be Dismissed as a Third-Party Defendant (Doc. No. 93) is GRANTED; 3. That State Defendants’ Second Motion to Dismiss (Doc. No. 96) is GRANTED; 4. That Defendant Harnsberger’s Renewal of Motion to Dismiss (Doc. No. 100) is GRANTED; 5. That all outstanding motions not addressed in this order are DENIED AS MOOT. 1 . The United States has not indicated which Rule 12 defense forms the basis for this motion. It is reasonable to conclude that the United States raises sovereign immunity as a defense to subject-matter jurisdiction under Rule 12( 3d 506, 514— 16 (9th Cir.2005) (en banc) (<HOLDING>). 3 . The Complaint was not amended to reflect Options: A. holding that tribe may not assert its treatybased fishing rights under section 1983 B. holding that the tribe was a person within the meaning of 1983 when seeking vindication for the deprivation of a treatybased usufructuary right C. holding that claim brought under section 1983 of the civil rights act constituted a personal injury tort claim because section 1983 confers a general remedy for injuries to personal rights D. holding that a litigant may not claim standing to assert the rights of a third party E. holding that the plaintiff tribe was not a person who could sue under section 1983 to vindicate sovereign rights namely a claimed immunity from the state court process

assistant: The best answer is A. holding that tribe may not assert its treatybased fishing rights under section 1983
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 and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile or electronic mail at the facsimile number or email address set forth on the signature pages attached hereto prior to 5:30 p.m. (New York City time) on a Business Day, (b) the next Business Day after the date of transmission, if such notice or communication is delivered via facsimile or electronic mail at the facsimile number or email address set forth on the signature pages attached hereto on a day that is not a Business Day or later than 5:30 p.m. (New York City time) on any Business Day, (c) the 2 nd Business Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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: If for any reason any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this Agreement nevertheless shall be construed, performed, and enforced as if the invalidated or unenforceable provision has not been included in the Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: had resided in nursing homes); and Burroughs Corp., supra. We further note that the trial court’s alternate interpretation is supported by the sheer number of jurors who failed to respond. Given the phrasing of the voir dire questions posed by defense counsel, the absence of any demonstration of willfulness on the part of allegedly untruthful jurors, the lack of materiality of the alleged undisclosed matters, and the limited scope of our review, we are unable to hold that the trial court exceeded its discretion in concluding both that the cause of the failures to respond was misunderstanding of the questions posed and that no probable prejudice resulted. Simmons, 562 So.2d at 149. But see Conference America, Inc. v. Telecommunications Coop. Network, Inc., 885 So.2d 772, 777 (Ala.2003) (<HOLDING>). Therefore, we cannot agree that the trial Options: A. holding questions meant to expose jurors bias and tendencies permitted during voir dire B. holding that there was no indication that the questions on voir dire were ambiguous or that the jurors failure to respond was inadvertent and concluding that the nondisclosed matters were material C. holding that the jurors failure to remember particular facts inquired about on voir dire and the jurors misunderstanding of voir dire questions do not constitute probable prejudice D. holding that defendants have a right to be present at voir dire E. holding that the extent to which parties may examine prospective jurors on voir dire lies within the trial judges discretion

assistant: The best answer is B. holding that there was no indication that the questions on voir dire were ambiguous or that the jurors failure to respond was inadvertent and concluding that the nondisclosed matters were material
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 of Definitions may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not frame or utilize framing techniques to enclose any trademark , logo , or other proprietary information ( including images , text , page layout , or form ) of amazon without express written consent .

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: This Agreement shall not be assignable by either party without the written consent of the other party except that the Company may assign this Agreement to a subsidiary or affiliate of the Company. Any failure by the Company to assign this Agreement to an unaffiliated third party successor upon the Company’s sale or transfer of all or substantially all of its business will be considered the termination of the Executive’s employment at-will by the Company effective upon the earlier of the Company’s notice to him that this Agreement will not be assigned to the successor or the closing of the applicable transaction without an assignment to the successor. Any failure by the Executive to consent to the assignment of this Agreement to such unaffiliated third party successor will be considered the termination of his employment at-will effective upon the earlier of his notice to the Company that he will not consent to the assignment of this Agreement or the closing of the applicable transaction without any assignment to the successor.

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: The Notice and the Option Agreement are incorporated herein by reference and together with this Exercise Notice constitute the entire agreement of the parties with respect to the subject matter hereof and supersede in their entirety all prior undertakings and agreements of the Company and the Grantee with respect to the subject matter hereof, and may not be modified adversely to the Grantee’s interest except by means of a writing signed by the Company and the Grantee. Nothing in the Notice, the Option Agreement and this Exercise Notice (except as expressly provided therein) is intended to confer any rights or remedies on any persons other than the parties.

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: No failure on the part of Payee to exercise, and no delay in exercising, any right under this Note shall operate as a waiver; nor shall any single or partial exercise of any right under this Agreement preclude any other or further exercise of that right, or the exercise of any other right.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: foreclosing their rights.” Mullane, 339 U.S. at 317, 70 S.Ct. 652. The Bar Order required the Debtors to notify all known claimants by mail and unknown claimants by publication of the Bar Date. In addition to publishing notices in the national editions of The New York Times, U.S.A Today and The Wall Street Journal, the Debtors published notice of the Bar Date in, among other regional papers and publications, the Dallas Morning News, the Austin American Statesman, the Amarillo Globe Times, the Houston Chronicle, the San Antonio Express News, the Fort Worth Star Telegram, the Lubbock Avalanche, the Harlengen Valley Star, the El Paso Herald Post, the Wichita Falls, the Midland/Odessa Group, and the Abilene Reporter. The Debtors’ publication notices w R. Co., 112 B.R. 920 (N.D.Ill.1990) (<HOLDING>); Wright v. Placid Oil Co., 107 B.R. 104 Options: A. holding publication notice in the wall street journal adequate under bankruptcy law B. holding that governments choice to publish notice in the new york times did not violate statutory publication requirements even though publication in the houston chronicle would have been more likely to provide notice to the claimant C. holding that notice published in the new york times and the wall street journal was sufficient to satisfy due process owed to unknown creditors D. holding that substantive changes made by administrative agencies in regulations are required to comply with certain notice and comment requirements which include publication of a notice of proposed rulemaking in the federal register an opportunity for interested persons to comment on that notice and after consideration of these comments publication of the final rule with a general statement of its basis and purpose citing 5 usc 553b c E. holding publication in the wall street journal sufficient notice to unknown creditor injured in louisiana

assistant: The best answer is A. holding publication notice in the wall street journal adequate under bankruptcy law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may withhold or require the grantee to remit a cash amount sufficient to satisfy federal, state, and local taxes (including the participant’s FICA obligation) required by law to be withheld. Further, either the Company or the grantee may elect to satisfy the withholding requirement by having the Company withhold shares of Common Stock having a Fair Market Value on the date the tax is to be determined equal to the minimum statutory total tax which could be imposed on the transaction.

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: Temple, 851 F.2d 1269, 1273 n. 7 (11th Cir.1988)(declining to hold that products liability or mass accident suit could never be proper subject of class action but recognizing “that the prerequisites of commonality and typicality will normally be hard to satisfy”). D. As we observed in In re Parker, “[djeeisions that meet part four are particularly prone to mandamus review.” 49 F.3d at 211. Thus we are less concerned that the order in this case raise “issues of first impression,” or “new and important problems.” However, as petitioners point out, this court has never considered directly the application of Rule 23 in a drug or medical device product liability/personal injury case. Because the stakes are so high in class actions, see Livesay, 437 U.S. at 470, 476, 98 S.Ct. at 2458, 2462 (<HOLDING>); Rhone-Poulenc 51 F.3d 1298 (sheer magnitude Options: A. recognizing that refusal to certify class may induce plaintiff to abandon his individual claim similarly grant may so increase defendants potential damages liability and litigation costs that he might decide to settle despite valid defense B. holding that it is error to certify class when named class representatives are not members of the class they purport to represent C. holding that district court did not abuse its discretion in refusing to certify class action when claims were so individualized that certification was improper D. holding that the court cannot examine the underlying merits of the claims in determining whether to certify a class E. holding that where both liability and damages depend on individual factual determinations claims may only be determined on individual basis

assistant: The best answer is A. recognizing that refusal to certify class may induce plaintiff to abandon his individual claim similarly grant may so increase defendants potential damages liability and litigation costs that he might decide to settle despite valid defense
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: reasons that entitle the movant to summary judgment, in other words, 'why' the movant should be granted summary judgment.” Garza v. CTXMort. Co., LLC, 285 S.W.3d 919, 923 (Tex.App.-Dallas 2009, no pet.). One of the grounds Great American alleged for why it was entitled to summary judgment was that the unambiguous language of the Insured v. Insured exclusion in the policy at issue barred the claim as a matter of law. As an appellate court, reviewing a summary judgment on contract interpretation, we are not bound by the interpretation assigned by the parties; instead, we independently determine the intent of the parties as shown by the written instruments. See City of Bunker Hill Village v. Mem’l Villages Water Auth., 809 S.W.2d 309, 310-11 (Tex. App-Houston [14th Dist.] 1991, no writ) (<HOLDING>). 4 . Even if the contracting parties had Options: A. holding that statements made in the course of negotiation were not contracts and such statements were merged into the final written agreement B. holding that at will contracts of employment are subject to tortious interference with contracts claims C. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous D. holding that the government was not bound by its waivers in three prior contracts E. holding that the aafes was an agency under the apa where by statute its contracts were considered contracts with the federal government and any judgments against it were paid out of the federal treasury

assistant: The best answer is C. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous
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: 12.4 no liability : you acknowledge and agree that skype will have no liability whatsoever , whether in contract , tort ( including negligence ) or any other theory of liability , and whether or not the possibility of such damages or losses has been notified to skype , in connection with or arising from your use of skype websites , or the internet communications software or other software that is provided free of charge .

assistant: Limitation of liability
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 not be obligated to pay the Restricted Cash Amount or any portion thereof to Participant or his or her legal representative unless and until Participant or his or her legal representative shall have paid or otherwise satisfied in full the amount of all federal, state, local and foreign taxes applicable with respect to the taxable income of Participant resulting from the vesting of the Restricted Cash Amount, the payment thereof or any other taxable event related to the Award (the “ Tax Withholding Obligation ”). To the maximum extent permitted by applicable law, the Company has the authority to deduct or withhold by the deduction of such amount as is necessary to satisfy any Tax Withholding Obligation from other compensation payable to with respect to any taxable event arising from the Award.

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 legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of and by different parties hereto on separate counterparts, all of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same agreement. Any signature delivered by a party by facsimile or electronic transmission (including email transmission of a PDF image) shall be deemed to be an original signature hereto.

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: The parties to each assignment shall execute and deliver to the Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500; provided however , that the Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment.

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: Brown v. Carr, 503 A.2d 1241, 1245 (D.C. 1986). In Brown, the D.C. Court of Appeals adopted the approach of the California courts to malicious prosecution claims. Harris, 696 F.Supp.2d at 134. Accordingly, “ ‘[i]f [the termination] is of such a nature as to indicate the innocence of the accused, it is a favorable termination sufficient to satisfy the requirement. If, however, the dismissal is on technical grounds, for procedural reasons, ... it does not constitute favorable termination.’ ” Id. (quoting Brown, 503 A.2d at 1245). “[Dismissal for failure to prosecute has been held to be a favorable termination where the facts of the case indicate that such a disposition reflects on the innocence of the defendant in the underlying suit.” Brown, 503 A.2d at upp.3d 132, 145 (D.D.C. 2015) (<HOLDING>); Harris, 696 F.Supp.2d at 134 (finding that Options: A. holding that mere recitation of bare elements of a cause of action is insufficient to survive dismissal B. holding that a conclusory boilerplate assertion of a municipal policy or custom was insufficient to survive motion to dismiss C. holding that the bare assertion that a dismissal without prejudice was favorable to the plaintiff was insufficient to survive a motion to dismiss D. holding that a review committee of the kansas board for discipline of attorneys had the authority to dismiss a complaint against an attorney with or without prejudice and when dismissal was ordered without specifying the nature of the dismissal the dismissal was without prejudice to the filing of later proceedings on the same matter E. holding that a mere allegation of fraud is insufficient to survive a motion to dismiss pursuant to the pslra

assistant: The best answer is C. holding that the bare assertion that a dismissal without prejudice was favorable to the plaintiff was insufficient to survive a motion to dismiss
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the Deferred Stock Units shall initially be unvested. During the 12-month period following ____________ (the “Vesting Commencement Date”), 25% of the Deferred Stock Units shall become vested as of the end of each 3-month period following the Vesting Commencement Date, provided the Director has continued on the Board until the end of such 3-month period. All of the Deferred Stock Units credited to the Account shall become fully vested upon the occurrence of a Change in Control (as defined in Appendix A) or the Director’s death, provided the Director is then serving on the Board.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: preemption” applies if Congress has intended the federal law to “exclusively govern” the area implicated by the state law. Id. Within the last month, the Supreme Court addressed the requirements for complete preemption under ERISA, stating that “any state-law cause of action that duplicates, supplements or supplants the ERISA civil enforcement remedy [ERISA § 502(a), 29 U.S.C.A. § 1132(a) ] conflicts with the clear congressional intent to make the ERISA remedy exclusive and is therefore [completely] preempted.” Aetna Health, Inc. v. Davila, — U.S. -, 124 S.Ct. 2488, 2495, 159 L.Ed.2d 312 (2004). The Court also restated the essential test for determining whether a plaintiffs state-law Pritt v. Blue Cross and Blue Shield of West Virginia, Inc., 699 F.Supp. 81, 84 (W.D.WVa.1998)(<HOLDING>). However, as the Defendant correctly notes, Options: A. holding that the medicaid statute did not create an enforceable cause of action against a private health care facility B. holding that nursing home patients did not have a property interest in receiving care at a particular facility C. recognizing that a patients choice of a health care facility does not render the facility a beneficiary under 502a1b D. recognizing right to privacy in receipt of health care services to the extent consistent with providing adequate medical care and the safety and good order of the facility E. recognizing whiting as a maximum security mental health facility

assistant: The best answer is C. recognizing that a patients choice of a health care facility does not render the facility a beneficiary under 502a1b
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: that the Release states that the child support obligation was paid in full. Further, the Release provides that under section 157.322 of the family code the lien has been satisfied. Section 157.322 states that a release will be executed when the underlying child support obligation has been paid in full. See Tex. Fam.Code Ann. § 157.322(a). The Release, therefore, on its face, purports to discharge Joseph of the full amount of his arrearages and is a prima facie rebuttal to the AG’s claim that Joseph owed more than $47,000 in arrearages. See Deer Creek Ltd., 792 S.W.2d at 201; Martin, 294 S.W. at 241. Thus, because the Release is valid on its face, the burden shifted to the AG to produce evidence that would result in the Release being set aside. See, e.g., Williams, 789 S.W.2d at 264 (<HOLDING>); see also Tamez v. Sw. Motor Transp., Inc., Options: A. recognizing that a release is subject to avoidance on grounds such as fraud or mistake B. recognizing lack of consideration as an affirmative defense to a release that is valid on its face C. holding that a mistake sufficient to justify rearrest must be tinged with fraud or misrepresentation D. recognizing that a mistake of fact may constitute a valid defense E. recognizing fraud mutual mistake or terms violative of erisa as bases for reformation

assistant: The best answer is A. recognizing that a release is subject to avoidance on grounds such as fraud or mistake
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: omitted); see also DeYoung v. State, 268 Ga. 780, 787 (7) (493 SE2d 157) (1997). 8 Manzione v. State, 312 Ga. App. 638, 640 (719 SE2d 533) (2011); see also Whitten v. State, 174 Ga. App. 867, 868 (1) (331 SE2d 912) (1985); Illinois v. Gates, 462 U. S. 213, 238 (III) (103 SCt 2317, 76 LE2d 527) (1983). 9 Palmer, 285 Ga. at 79 (punctuation omitted); see also Sullivan v. State, 284 Ga. 358, 361 (667 SE2d 32) (2008) (same). 10 Macias v. State, 292 Ga. App. 225, 229 (2) (a) (664 SE2d 265) (2008) (punctuation omitted); accord State v. Brantley, 264 Ga. App. 152, 154 (589 SE2d 716) (2003). 11 Marlow v. State, 288 Ga. 769, 770 (2) (707 SE2d 95) (2011) (punctuationomitted); accord State v. Staley, 249 Ga. App. 207, 209 (548 SE2d 26) (2001). 12 See Macias, 292 Ga. App. at 229-30 (2) (a) (<HOLDING>); Ibekilo v. State, 277 Ga. App. 384, 384-85 Options: A. holding that there was sufficient probable cause to search a defendants residence after evidence of drug dealing was found in his car during a traffic stop that was conducted when the defendant was coming from his residence and noting that under such circumstances a practical commonsense conclusion could be made that the drugs and money had been at the defendants residence a short time before the stop B. holding that evidence was insufficient to prove constructive possession where the defendant was in jail at the time the drugs were seized from his residence C. holding that defendant was not in custody during search of his residence D. holding evidence was sufficient to support conviction for pfdcf where defendant was arrested immediately outside his residence and an unloaded handgun was found in the residence under the defendants bed and in the same room as the controlled substances and cash E. holding that a warrant authorizing the search of a residence vehicles at the residence and all persons found in the residence was not overly broad given that search was limited to places were drugs or weapons might be found

assistant: The best answer is A. holding that there was sufficient probable cause to search a defendants residence after evidence of drug dealing was found in his car during a traffic stop that was conducted when the defendant was coming from his residence and noting that under such circumstances a practical commonsense conclusion could be made that the drugs and money had been at the defendants residence a short time before the stop
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: Petitioner Runkui Wang, a native and citizen of China, petitions for review of an order from the Board of Immigration Appeals (“BIA”) affirming without opinion the immigration judge’s (“IJ”) denial of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252(a), and we deny the petition for review. “When the BIA summarily affirms the IJ’s decision, we review the IJ’s decision as the final agency action.” Pagayon v. Holder, 675 F.3d 1182, 1188 (9th Cir.2011) (internal quotation marks omitted). Legal questions are review r.2001) (<HOLDING>); Prasad v. INS, 47 F.3d 336, 339 (9th Options: A. holding that minor abuse during brief detention did not compel finding of past persecution B. holding that a finding of persecution was not compelled where an alien was arrested detained at a police station for three days interrogated for two hours and hit ten times with a rod in a manner that caused temporary red marks but required no medieal treatment C. holding that the record did not compel a finding of persecution where an alien was detained for five or six days D. holding that detention of five or six days on account of imputed political opinion without beatings tortures or threats did not rise to the level of persecution E. holding that a four to six hour detention during which the alien was hit in the stomach and kicked from behind did not compel a finding of persecution

assistant: The best answer is C. holding that the record did not compel a finding of persecution where an alien was detained for five or six days
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: 42 U.S.C. § 12102(2); 29 U.S.C. § 705(20). RECAP’s clients fall into the first two categories. In the first category, an individual 82 (3d Cir.1987) (“Case law establishes that alcoholics are handicapped within the meaning of [the Rehabilitation Act].”). Legislative history also supports this conclusion. See H.R.Rep. No. 101-485(11), at 51 (1990), reprinted in 1990 U.S.C.C.A.N. 303, 333 (noting that “physical or mental impairment” includes “drug addiction and alcoholism”) (internal punctuation omitted). RECAP’s clients therefore meet the first part of the definition of a disability. But mere status as an alcoholic or substance abuser does not necessarily imply a “limitation” under the second part of that definition. See Burch v. Coca-Cola Co., 119 F.3d 305, 316-17 (5th Cir.1997) (<HOLDING>), cert. denied, 522 U.S. 1084, 118 S.Ct. 871, Options: A. holding that alcoholism is not a per se disability under the ada and evidence that alcoholics in general are impaired is inadequate to show the substantial limitation of one or more major life activities B. holding that reproduction is not a major life activity C. holding that disqualification from an especially traumatic occupation does not constitute a substantial limitation on the major life activity of working D. holding that whether depression gives rise to a substantial limitation on a major life activity for purposes of ada depends on its severity E. holding that breathing is a major life activity within the contemplation of the ada

assistant: The best answer is A. holding that alcoholism is not a per se disability under the ada and evidence that alcoholics in general are impaired is inadequate to show the substantial limitation of one or more major life activities
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: 1141, 119 S.Ct. 1032, 143 L.Ed.2d 41 (1999). Federal common law deprives me of the power to grant such relief, absent the consent of the Circuit Court of the 15th Judicial Circuit for Palm Beach County, Florida. As Mr. Freeman fairly argues, the relief sought by the trustee in these three counts could disadvantage the other creditors of PRSI. Thus, it will be up to the appointing court for the PRSI receiver to determine whether the relief sought by the trustee in counts five through seven should be heard in this court. Rather than dismiss those three counts at this time, however, I shall stay temporarily any determination of those three claims and grant the trustee a limited opportunity to obtain state court leave to proceed. See Matter of NNLC Corp., 136 B.R. 611 (Bankr.D.Conn.1992) (<HOLDING>); see also Matter of Linton, 136 F.3d at 545 Options: A. holding that exhaustion of administrative remedies is a mandatory prerequisite to a lawsuit under foia B. holding that an adversary proceeding against a bank receiver is stayed pending exhaustion of administrative remedies C. holding that proper exhaustion of administrative remedies is necessary under section 1997ea D. holding that while an original bankruptcy proceeding where the state is not named as a defendant is not a suit an adversary proceeding directly against the state would be E. recognizing that exhaustion of state administrative remedies is not a prerequisite to bringing a 1983 action

assistant: The best answer is B. holding that an adversary proceeding against a bank receiver is stayed pending exhaustion of administrative remedies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in this state, the conversion claim constituted an impermissible attempt by the appellant to enforce an undomesticated foreign judgment. This appeal followed. Held: The superior courts of this state clearly have subject matter jurisdiction to entertain conversion actions. See generally Art. VI, Sec. IV, Par. I, Ga. Const, of 1983. Assuming arguendo that the Florida contempt order could be directly enforced in this state pursuant to domestication proceedings instituted in accordance with OCGA § 9-12-130 et seq., it does not follow that the appellant was required to undertake such domestication proceedings as a condition precedent to bringing a conversion action in this state based on his alleged ownership of the property. Cf. Dunlap v. Pope, 177 Ga. App. 539 (339 SE2d 662) (1986) (<HOLDING>). The appellee’s reliance on Starling v. Options: A. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce B. holding that the state courts are not divested of jurisdiction over trover or conversion actions in which the alleged trover or conversion results from the defendants retention of property awarded to the plaintiff in a final divorce decree C. holding that the trial court had authority to enforce a marital property settlement agreement that had not been incorporated into the parties final divorce decree D. recognizing a divorce decree which incorporates a property settlement agreement is a final and conclusive adjudication E. holding that a wife obtained a vested interest in her portion of the retirement benefits as of the date of the divorce decree and any act of the military spouse that unilaterally decreases the nonmilitary spouses vested interest is an impermissible modification of a division of marital property and a violation of the final decree of divorce

assistant: The best answer is B. holding that the state courts are not divested of jurisdiction over trover or conversion actions in which the alleged trover or conversion results from the defendants retention of property awarded to the plaintiff in a final divorce decree
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: function’ of the employment position.” Laurin v. Providence Hosp., 150 F.3d 52, 56 (1st Cir.1998) (internal citations omitted). “An employer may base a decision that the employee cannot perform an essential function on an employee’s actual limitations, even when those limitations result from a disability.” Calef v. Gillette Co., 322 F.3d 75, 86 (1st Cir.2003) (citing Leary v. Dalton, 58 F.3d 748, 753-54 (1st Cir.1995)). In fact, “[i]f the plaintiff, with or without reasonable accommodation, cannot perform an essential function of the job, then he is not a qualified individual and there is no duty to accommodate.” Calef, 322 F.3d at 86 n. 8. The First Circuit recently held that “attendance is an essential function of any job.” Rios-Jimenez v. Principi, 520 F.3d 31, 42 (1st Cir.2008) (<HOLDING>). See also Leary v. Dalton, 58 F.3d 748 (1st Options: A. holding that employee allegedly suffering from fibromyalgia was not qualified individual and thus could not maintain ada claim challenging transfer and termination inasmuch as she was unable to perform essential functions of those positions with or without accommodation employee did not dispute supervisors evaluations documenting her performance deficiencies and provided no medical evidence that requested accommodation would have improved her performance B. holding an employee must be able to perform essential job functions at the time of termination C. holding that employee who frequently missed work was not a qualified individual able to perform the essential functions of her job either with or without a reasonable accommodation as required to support disability discrimination and reasonable accommodation claims under the rehabilitation act D. holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada E. holding that ada may obligate employer to reassign disabled employee who can no longer even with reasonable accommodation perform the essential functions of her job

assistant: The best answer is C. holding that employee who frequently missed work was not a qualified individual able to perform the essential functions of her job either with or without a reasonable accommodation as required to support disability discrimination and reasonable accommodation claims under the rehabilitation act