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: at 422) (alteration in original). But even then, the equation of legal and factual non-consent mixes considerations of physical disparity (“smaller” or “weaker”) with considerations of mental or emotional disparities (“less experienced,” “authority figures”). While this assumption may be valid where the minor is a younger child, see, e.g., Reyes-Castro, 13 F.3d at 379, it does not hold true where the victim is an older adolescent, who is able to engage in sexual intercourse voluntarily, despite being legally incapable of consent. See United States v. Houston, 364 F.3d 243, 247 (5th Cir.2004) (distinguishing factual and legal consent for purposes of determining whether statutory rape is a crime of violence under U.S.S.G. § 4B1.2); Dickson v. Ashcroft, 346 F.3d 44, 51-52 (2d Cir.2003) (<HOLDING>). Therefore, while we agree that the Options: A. holding dwi intoxicated operation of a motor vehicle in a public place is clearly not a crime of violence under 18 usc 16b B. holding that theft from the person is not a crime of violence C. holding that the impact upon the victims is relevant to circumstances of the crime D. holding that unlawful imprisonment of a minor or incompetent adult is not a crime of violence under 16b because the crime can be accomplished with the victims acquiescence E. holding a crime committed under a nebraska statute criminalizing sexual contact between an adult and a minor a felony crime of violence for sentencing purposes

assistant: The best answer is D. holding that unlawful imprisonment of a minor or incompetent adult is not a crime of violence under 16b because the crime can be accomplished with the victims acquiescence
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: bring a RCRA ISE claim is evidence that the defendant’s discharges, and Little Hocking’s reasonable concerns about the effects of those discharges, directly affected its economic interests in running a water distribution Facility. If this Court or a jury finds that Defendant is liable under RCRA for the environmental contamination of Plaintiffs Wellfield, then Plaintiffs injury may be redressed through injunctive relief. 2. Notice Defendant argues that this Court lacks subject matter jurisdiction over Count I because Plaintiff failed to meet mandatory pre-filing notice requirements under 42 U.S.C.A. § 6972(b)(1)(A) in order to make a claim under § 6972(a)(1)(A) for violations of RCRA. See Sierra Club Ohio Chapter v. City of Columbus, 282 F.Supp.2d 756, 763 (S.D.Ohio 2003) (Marb-ley, J) (<HOLDING>). Specifically, Defendant argues that Plaintiff Options: A. holding that late notice of the bond did not excuse supplier from its obligation to comply with statutory notice requirements B. holding that clean water acts notice provision is a condition precedent to all claims C. holding that adequate notice is a mandatory precondition of a clean water act citizen suit D. holding notice provision in rcra and clean water act are virtually identical and citizens notice to violators under either act must strictly comply with statutory notice requirements E. holding that the limitation act does not apply to claims brought under the clean water act

assistant: The best answer is D. holding notice provision in rcra and clean water act are virtually identical and citizens notice to violators under either act must strictly comply with statutory notice requirements
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: ncl owns all rights , titles and interest ( including all intellectual property rights ) in , and has the right to use and sublicense , the nintendo intellectual property necessary to operate the nintendo account service .

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: primary custody in which it failed to address each section 5328(a) factor. Instead, it “based its decision almost exclusively on the fact that Child is breastfeeding and the parties’ difficulty commu nicating with each other” and made no mention of the preponderance of the section 5328(a) factors. J.R.M. 33 A.3d at 652. By failing to address each section 5328(a) factor in its opinion, we concluded that “the trial court failed to properly consider the statutorily mandated factors in arriving at its custody determination!)]” Id. We held that the trial court must expressly consider all of the section 5328(a) factors when entering a custody order in order to comply with the Custody Act’s requirements, and that failure to do so amounts to an error of law. Id.; see also M.P., 54 A.3d at 956 (<HOLDING>). While the Custody Act requires a trial court Options: A. holding the trial court is required to make a determination on impairment of access prior to trial B. holding that the trial court is required to provide reasons for its decision prior to appeal C. recognizing that failure by state to provide the required certification deprives appeals court of jurisdiction over appeal D. holding that a reviewing court is not to substitute its decision for that of the board E. holding district court correctly reversed a departure sentence where the trial court failed to provide written reasons for the departure

assistant: The best answer is B. holding that the trial court is required to provide reasons for its decision prior to appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: understanding that it had admitted the bankruptcy transcript. Rejecting a government request to perform a demonstrative reading of the transcript, the court ruled such a reading unnecessary because the jurors “can read it just like they read all the other exhibits.” 9/17/98 Tr. at 66. Finally, McCoy’s trial counsel made clear, as the court reporter’s transcript shows, that she understood that the bankruptcy transcript had been admitted. Opposing the government’s (renewed) attempt to have a tape of the bankruptcy testimony entered into evidence and played to the jury, McCoy’s counsel said: “We have got the transcript. That is already in the record .... [T]he tape adds nothing, and it is just cumulative_” 9/18/98 Tr. at 3. See United States v. Barrett, 111 F.3d 947, 951 (D.C.Cir.1997) (<HOLDING>). Because we conclude that the bankruptcy Options: A. holding that the foundational prerequisites are unnecessary where the test result is admitted in evidence without objection when evidence of one of the issues in the case is admitted without objection the party against whom it is offered waives any objection to the evidence and it may be properly considered even if the evidence would have been excluded upon a proper objection B. holding that juror access to several exhibits that had not been admitted into evidence was not prejudicial as they were cumulative of trial testimony C. holding that bare conclusions did not amount to any evidence at all and the fact that they were admitted without objection adds nothing to their probative force D. holding exhibits deemed admitted into evidence where they were treated below without objection as if they were admitted E. holding any error in admission of evidence cured when same evidence later admitted without objection

assistant: The best answer is D. holding exhibits deemed admitted into evidence where they were treated below without objection as if they were admitted
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 time defendants start serving their sentence, they know, based on the up front award of the maximum allowable amount of good time credit, their prospective release date. Because the award of good time credit under section 1253(3) is expressly conditioned upon observance of all rules of the Department of Corrections and the particular penal institution where a defendant is in custody, however, id., deductions may be made from the up front award for misconduct or criminal behavior. Id. at § 1253(6) (Supp.1995). Thus, despite the up front award, there is always a possibility that deductions will be made and defendants will serve the full length of their original sentences rather than the sentences as shortened by the up front award. 7 . See Bossie v. State, 488 A.2d 477, 479 (Me.1985) Options: A. holding that a retroactive application of section 17a mrsa 12533 calculating good time for criminal defendants already in custody was an unconstitutional usurpation of the governors commutation power B. holding retroactive application C. recognizing that the application of a retroactive amendment is discretionary D. holding no retroactive application E. holding that section 92434 could be unconstitutional in application

assistant: The best answer is A. holding that a retroactive application of section 17a mrsa 12533 calculating good time for criminal defendants already in custody was an unconstitutional usurpation of the governors commutation power
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: For purposes of this Agreement, the following terms shall have the meanings set forth below. Capitalized terms used in this Agreement but not otherwise defined herein shall have the meanings ascribed to them in the Separation and Distribution Agreement.

assistant: Definitions
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: original tax sale. See Anderson, 44 F.3d at 797. However, there had not been a successful sale of the property in that case; the Andersens filed suit against the IRS prior to the second attempted sale. See id. Therefore, it was unnecessary for that court to determine whether any sale was void or voidable. Consequently, these cases do not support the Johnstons’ position. The Johnstons also urge this Court to hold that, for the purposes of characterizing an action in violation of section 6335, the terms voidable and void are both intended to mean only void. Appellants cite no law to support their argument. On the contrary, it is clear that courts have considered the difference between void sales and voidable sales when ruling on section 6335 violations. See Koby, 47 Fed. Cl. at 104-05 (<HOLDING>); DRWSEA, 132 S.W.3d at 469 (asserting that “a Options: A. holding that irss failure to comply with seizure and sale provisions of section 6335 renders tax sales voidable at taxpayers option rather than void as matter of law B. holding that although irs failed to comply with procedures of section 6335 tax sale was valid due to ratification by taxpayer C. holding that a contract made in violation of section 432070 is void rather than voidable D. holding that failure of irs to provide statutory notice of sale caused sale to be voidable ab initio E. holding that fraudulent inducement renders a contract void or voidable

assistant: The best answer is A. holding that irss failure to comply with seizure and sale provisions of section 6335 renders tax sales voidable at taxpayers option rather than void as matter of 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 case excerpt and choose the best holding from the options. Case excerpt: Boutique, 134 S.W.3d 845, 848 (Tex.2004) (Schneider, J. dissenting). I. Background, The record demonstrates that the trial court ordered Bazan’s counsel to submit an order after it heard evidence of damages and pronounced judgment in default. Over nine years later, and ten days after the trial court dismissed the case for want of prosecution, Bazan wrote a letter to the trial court requesting it to “sign final orders so this action can become final.” In the same letter he notified the trial court that he had terminated his counsel’s representation and was proceeding pro se. He further apprised the trial court that he had requested the reporter’s record so that Bazan could prepare the final orders, and, if the trial court had final orders before it, Bazan r 2d 121, 124 (Tex.1988) (<HOLDING>); Eichelberger v. Eichelberger, 582 S.W.2d 395, Options: A. recognizing the federal courts ability to impose inherent power sanctions on parties B. recognizing the inherent power of the courts to issue warrants C. recognizing the inherent power of courts to ensure an adversarial proceeding D. recognizing courts inherent power to issue subpoenas E. recognizing inherent power of courts of appeals

assistant: The best answer is C. recognizing the inherent power of courts to ensure an adversarial proceeding
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: in the service you may purchase , with `` real world '' money , a limited , personal , non-transferable , non-sublicensable , revocable license to use ( a ) `` virtual currency '' , including but not limited to virtual cash or diamonds , all for use in supercell games ; ( b ) `` virtual in-game items '' ( together with `` virtual currency '' , `` virtual items '' ) ; and ( c ) other goods or services ( `` merchandise '' ) .

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: Oct. 29, 1998). Critical impact exists where the district court dismisses a complaint for lack of probable cause. Id. at 6. Respondent has conceded that the district court’s dismissal of count one for lack of probable cause will have a critical impact on the outcome of trial. The issue of first impression before this court is whether the felony murder rule permits felon in possession or possession of a stolen firearm to be used as predicate offenses to felony murder. Because this issue is a question of law, ap-pealable under Minn. R.Crim. P. 28.04, subd. 1(1), this court must review it de novo. See State v. Linville, 598 N.W.2d 1, 2 (Minn.App.1999) (reviewing statutory interpretation underlying dismissal for lack of probable cause); State v. Murphy, 545 N.W.2d 909, 914 (Minn.1996) (<HOLDING>). The Minnesota felony murder statute provides: Options: A. holding statutory interpretation is subject to de novo review B. recognizing that the constitutionality of a statute is a question of law subject to de novo review C. holding that whether a statute has been properly construed is a question of law subject to de novo review D. holding that the question whether a party has agreed to submit an issue to arbitration is a question of law requiring de novo review E. holding that whether a statute affects sentencing is a question of law subject to de novo review

assistant: The best answer is C. holding that whether a statute has been properly construed is a question of law subject to de novo review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the truecallerprivacy policy describes how we collect , use , share and process personal information and you acknowledge and agree that truecaller may collect , use , share and process personal information as described therein .

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: Upon consummation of the Exchange, all legal and administrative costs incurred in connection with this Agreement and the transactions contemplated hereby, including reasonable fees and expenses (not to exceed $30,000) of Noteholder’s legal counsel, shall be paid by Company.

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 case excerpt and choose the best holding from the options. Case excerpt: event KPMG went out of business. Id. at 610-11. The court found class counsel’s skill and efficiency in obtaining the settlement weighed in favor of approving the fee request, finding class counsel to be “extraordinarily deft and efficient in handling this most complex matter” and concluding “it would be hard to equal the skill class counsel demonstrated here.” Id. at 611. Performing a lodestar cross-check to confirm the fees’ reasonableness, the court found a “handsome,” yet “fairly common” lodestar multiplier of 4.07 based upon 12,906 hours billed since the fee application in Rite Aid I at an hourly rate of $605. Id. at 611 and n. 10. For those reasons, the District Court denied Kaufmann’s objections and awarded class counsel the requested fees plus reimbur 1304, 1307 (3d Cir.1993) (<HOLDING>). The 2003 Amendment to Fed. R.Civ.P. 23 added Options: A. holding that an unnamed plaintiff that did not intervene nonetheless had standing to appeal a class action settlement B. holding that unnamed class members who object in a timely manner to approval of a settlement at a fairness hearing may appeal without first intervening C. holding that unnamed class members who had contested fairness of proposed settlement and attempted to opt out of class action were entitled to appeal settlement under virtualrepresentation doctrine D. recognizing that requiring an objector to intervene in a class action in order to appeal the approval of a settlement would only add an additional layer of complexity before the appeal of the settlement approval may finally be heard E. holding an unnamed class member who did not intervene in the action lacked standing to appeal district courts order awarding attorneys fees

assistant: The best answer is A. holding that an unnamed plaintiff that did not intervene nonetheless had standing to appeal a class action settlement
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 acknowledge that you have been given the opportunity to consider this Agreement for Forty-Five (45) days before signing it (the “ Consideration Period ”), in accordance with your rights under the Age Discrimination in Employment Act (“ADEA”) and Older Workers Benefits Protection Act of 1970 (“OWBPA”). To accept this Agreement, you must return a signed original or a signed PDF copy of this Agreement so that it is received by the undersigned at or before the expiration of the Consideration Period. If you sign this Agreement before the end of the Consideration Period, you acknowledge by signing this Agreement that such decision was entirely voluntary and that you had the opportunity to consider this Agreement for the entire Consideration Period. You are advised to consult with an attorney prior to signing this Agreement. For seven (7) days after the date when you sign this Agreement, you have the right to revoke this Agreement by written notice to the undersigned. For such a revocation to be effective, it must be delivered so that it is received by the undersigned at or before the expiration of the seven (7) day revocation period. This Agreement shall not become effective or enforceable during the revocation period. This Agreement shall become effective on the first business day following the expiration of the revocation period (the “ Effective Date ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period (as defined in Section 2(a) below), the Executive shall serve as Chief Executive Officer of the Company and in such capacity the Executive shall perform the duties and responsibilities as the Board of Directors of the Company (the “Board”) may, from time to time, reasonably assign to Executive, in all cases to be consistent with Executive’s office and position.

assistant: Positions
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 the Loan Parties confirms that it has received a copy of this First Amendment and restates, ratifies and reaffirms each and every term and condition set forth in the Credit Agreement and the other Loan Documents to which it is a party, effective as of the date hereof, after giving effect to this First Amendment.

assistant: Consents
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 Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks (including risks related to clinical trials and product liability) and in such amounts as are prudent and customary in the businesses in which they are engaged; neither the Company nor any Subsidiary has been refused any insurance coverage sought or applied for; and the Company has no reason to believe that either it or any Subsidiary will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business at a cost that would not have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Cal. Adv. Legis. Serv. 64 (Deering). 17 . Opposition to Trustee’s Motion for Authority to Sell Real Property of the Debtor Other than in the Ordinary Course of Business Free and Clear of Liens and Encumbrances, Approval of Overbid Procedures, and Approval of Realtors Commissions, p. 2, 1. 10-17 (emphasis added). 18 . An objection to a claimed exemption must be filed within 30 days after the conclusion of the meeting of creditors held under section 341(a) or within 30 days after any amendment to the schedule of property claimed as exempt. Fed. R. Bankr.P. 4003(b). 19 . Courts are split over the question of whether bad faith or prejudice must be established by a preponderance of the evidence or by clear and convincing evidence. Compare Matter of Yonikus, 996 F.2d 866, 872 (7th Cir.1993) (<HOLDING>), In re Grogan, 300 B.R. 804, 807 (Bankr.D.Utah Options: A. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied B. holding that fraud on the court must be supported by clear unequivocal and convincing evidence C. holding that bad faith andor prejudice must be shown by clear and convincing evidence D. holding that a bad faith claim must be met through the clear and convincing evidence standard E. holding that an award for punitive damages must be supported by clear unequivocal and convincing evidence

assistant: The best answer is C. holding that bad faith andor prejudice must be shown by clear and convincing evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the suppression hearing for failing to impeach the State’s witness by: (1) failing to present evidence that Derrick did not waive his rights under Miranda v. Arizona, 884 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); (2) failing to challenge the inconsistencies in Detective Vaughn’s testimony; and (3) failing to cross-examine Vaughn about his interrogation techniques. As to this ineffective assistance claim, Derrick first asserts that he never waived his Miranda rights; therefore, any statements made to Detective Vaughn should have been suppressed. Derrick emphasizes that he never signed the Statement of and Waiver of Miranda Rights. However, an unsigned waiver form does not necessarily equate to a failure to waive Miranda rights. See Sliney v. State, 699 So.2d 662, 668 (Fla.1997) (<HOLDING>). Here, Detective Vaughn testified that Derrick Options: A. holding that whether waiver form satisfied miranda was immaterial because of the adequacy of the subsequent oral warning B. holding contradictory testimony does not invalidate a verdict C. holding miranda violation does not invalidate consent to search as fifth amendment only protects testimonial and communicative evidence D. holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver E. holding that the failure to sign a miranda form in full does not necessarily invalidate the waiver

assistant: The best answer is E. holding that the failure to sign a miranda form in full does not necessarily invalidate the waiver
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: depends in part on Carrington Gardens’ allegation that HUD’s declaring the 241 Loan in default was wrongful. Specifically, the reason later denials of financial requests constituted breaches of the Regulatory Agreements, according to Carring-ton Gardens, is that the denials were based on a wrongful declaration of default. To the extent that Carrington Gardens must prove that HUD wrongfully declared the 241 Loan in default in order to advance its theory of the case, Carrington Gardens’ claim is barred. Carrington Gardens attempts to avoid the statute of limitations problem by arguing that the “continuing claim” doctrine applies here. See Brown Park Estates, 127 F.3d at 1456-57; see also Elephant Butte Irrigation Dist. v. Department of the Interior, 160 F.3d 602, 606 n. 4 (10th Cir.1998) (<HOLDING>). Carrington Gardens emphasizes that its theory Options: A. recognizing that the artful pleading doctrine in practice is subsumed by the complete preemption doctrine B. recognizing the collateral order doctrine for the first time C. recognizing that the alter ego doctrine is an equitable doctrine which should be used to prevent inequitable results D. recognizing doctrine E. recognizing separation of powers doctrine

assistant: The best answer is D. recognizing doctrine
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: States v. Rodia, 194 F.3d 465 (3rd Cir.1999); and United States v. Paredes, 950 F.Supp. 584 (S.D.N.Y.1996). Alternatively, he argues that there was insufficient evidence to establish that the images stored on his computer’s hard drive were downloaded from the internet. See United States v. Henriques, 234 F.3d 263 (5th Cir.2000); United States v. Wilson, 182 F.3d 737 (10th Cir.1999). When assessing a challenge to the sufficiency of the evidence, “we review the record de novo, viewing the evidence in the light most favorable to the government and asking whether a reasonable jury could find the defendant guilty beyond a reasonable doubt.” United States v. Campos, 221 F.3d 1143, 1151 (10th Cir.2000). The L.Ed.2d 149 (2002); United States v. Schaffner, 258 F.3d 675, 679-83 (7th Cir.2001) (<HOLDING>); see also United States v. Kammersell, 196 Options: A. holding that evidence of transport of child pornography across states lines establishes a sufficient nexus to interstate commerce B. recognizing continuing harm from defendants knowing possession of child pornography C. holding that distribution of child pornography to encourage a meeting to engage in sex was sufficient to warrant enhancement D. holding that private possession of child pornography is not protected by the first amendment E. holding admission of videos containing child pornography was probative of intent to sexually assault a child

assistant: The best answer is A. holding that evidence of transport of child pornography across states lines establishes a sufficient nexus to interstate commerce
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 document and each exhibit hereto represent the entire agreement and understanding between the Company and the Participants and supersede any and all prior agreements or understandings, whether oral or written, with the Company relating to the subject matter covered by this Plan.

assistant: Integration
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: employee’s permanent disability as determined by a doctor. Thus an employer has knowledge of the injury resulting in the PPI not later than receipt of the PPI rating. The PPI rating, such as that in Dr. Tanner’s letter which stated that Hammer had a thirteen percent permanent impairment of the whole person, represents the residual injury to the employee. Unless the employer is unsatisfied with the rating or is suspicious of the injury and chooses to controvert the rating, the payment “becomes due” within fourteen days after the submission of the rating. Thus, construing AS 23.30.155(b) and (e) together, unless the employer files a controversion, the employer has twenty-one days after receiving the PPI rating to pay or be subject to the statutory penalty.- See Sumner, 894 P.2d at 631 (<HOLDING>). 2. The Board’s application of AS 23.30.155 to Options: A. holding that a complaint that a report was not timely served was not subject to the twentyone day deadline to object to the sufficiency of a report under former section 74351a B. holding that parental right to recover medical expenses extends beyond age eighteen to age twentyone because parental support obligation continues until twentyone C. holding that as 2330155 applies the twentyone day period for payment to ppi payments D. holding that a five day discrepancy between average days outstanding during the prepreference period versus during the preference period did not make the payments out of the ordinary course of business E. holding that in computing time to determine whether an act was performed within a specified period of time under the statute of limitations the first day is excluded and the last day of the period is included

assistant: The best answer is C. holding that as 2330155 applies the twentyone day period for payment to ppi payments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon, and shall inure solely to the benefit of, each of the parties hereto, and each of their respective heirs, executors, administrators, successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement. The Investor may not assign any of these rights or obligations hereunder to any other person or entity without the prior written consent of the Company and LGEI; provided that the Investor may assign this Agreement and/or its right to receive all or a portion of the LGEI Payment to an Affiliate of the Investor without such prior written consent upon written notice to the Company and LGEI, but only if, as of the date of such assignment, such Affiliate represents, warrants and agrees to each of the representations and warranties contained in Section 5(a), in each case substituting such Affiliate for the Investor.

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: and the Due Process Clause”. Id. at 200, 109 S.Ct. 998. Restated, “[t]he affirmative duty to protect arises not from the State’s knowledge of the individual’s predicament or from its expressions of intent to help him, but from the limitation which it has imposed on his freedom to act on his own behalf.” Id. The Third Circuit has also visited the state-created danger theory. See Morse v. Lower Merion School Dist., 132 F.3d 902 (3d Cir.1997) (finding as a matter of law that the defendants, a school district and a day care operator that leased a classroom from the district, were not liable to the survivors of a day care teacher who was killed by a third party when the district had unlocked the back entrance to the school to facilitate the work of contractors); Kneipp, 95 F.3d at 1199 (<HOLDING>); Mark, 51 F.3d at 1137 (finding that there Options: A. holding that summary judgment was improper and a triable issue of fact was presented under statecreated danger theory where police officers permitted an intoxicated pedestrian to walk home on a cold night resulting in that person falling down an embankment and suffering brain damage B. holding that there was a genuine issue of material fact precluding summary judgment C. holding no triable issue of fact existed where employee had not asked for accommodation D. holding that an appellate court may not consider an issue not presented to the trial judge on appeal from final judgment on the merits E. holding that defendants failed to raise triable issue of material fact where they did not establish that the type size of the copy they submitted in opposition to summary judgment motion was identical to that of the original contract

assistant: The best answer is A. holding that summary judgment was improper and a triable issue of fact was presented under statecreated danger theory where police officers permitted an intoxicated pedestrian to walk home on a cold night resulting in that person falling down an embankment and suffering brain damage
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: requirements of-Daubert, see Williams v. Mast Biosurgery USA, Inc., 644 F.3d 1312, 1317-18 (11th Cir.2011), or to expert, disclosure requirements under rules of court. See Tampa Bay Shipbuilding & Repair Co., 320 F.3d at 1217-23; United States v. Tinoco, 304 F.3d 1088, 1119 (11th Cir.2002). .This is so because “[l]ay opinion testimony is admissible only to help the jury or the court to understand the facts about which the witness is testifying and not to provide specialized explanations or interpretations that an untrained layman could not make if perceiving the same acts or events.” United States v. Conn, 297 F.3d 548, 554 (7th Cir.2002) (quoting United States v. Peoples, 250 F.3d 630, 641 (8th Cir.2001)); see also Fed. R. Evid. 701, Advisory Committee Note to 2000 Amendments (<HOLDING>). However, courts must be vigilant to ensure Options: A. recognizing that rule 701 as amended incorporates the distinction set forth in state v brown 836 sw2d 530 549 tenn1992 in which the court stated that lay testimony results from a process of reasoning familiar in everyday life whereas expert testimony results from a process of reasoning which can be mastered only by specialists in the field B. holding that in a statutory fee case the results obtained factor was already subsumed in the lodestar and that results multipliers should be awarded only in some cases of exceptional success C. recognizing that independent analysis is the only means by which the defendant can defend against expert testimony by the state D. holding that expert testimony is unnecessary where the case is not a case in which lay jurors would be unable to grasp the issues without expert assistance E. holding that it is improper to judicially notice the content of testimony in another proceeding and noting that the method for introducing testimony from a past proceeding is set forth in rule 804b1 of the rules of evidence

assistant: The best answer is A. recognizing that rule 701 as amended incorporates the distinction set forth in state v brown 836 sw2d 530 549 tenn1992 in which the court stated that lay testimony results from a process of reasoning familiar in everyday life whereas expert testimony results from a process of reasoning which can be mastered only by specialists in the field
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Loan Parties of this Agreement and the other Loan Documents, and, in the case of the Borrower, the borrowing of Loans and other credit extensions hereunder and the use of the proceeds thereof, in each case, (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect and except for filings necessary to perfect Liens created pursuant to the Loan Documents, (b) will not violate the charter, by-laws or other organizational documents of the Borrower or any of its Restricted Subsidiaries, (c) will not violate in any material respect (i) any applicable law or regulation binding on the Borrower or any of its Restricted Subsidiaries or their respective properties or (ii) any order of any Governmental Authority, (d) will not violate or result in a default under any indenture, material agreement (including, without limitation, any BRAC Analysis Testing Agreement) or other material instrument binding upon the Borrower or any of its Restricted Subsidiaries, or give rise to a right thereunder to require any payment to be made by the Borrower or any of its Restricted Subsidiaries, in each case, to the extent any such failure or default would give rise to a Material Adverse Effect, and (e) will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Restricted Subsidiaries, other than Liens created under the Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: misconduct because the reference erroneously led jurors to believe the substance was cocaine or methamphetamine. This argument is meritless. In his opening statement, the prosecutor did mention white powder, but described it in his next breath as drywall and gypsum powder. At trial, the prosecution again mentioned the presence of white powder dust on a table, but testimony indicated that the corner of the table covered with the powder appeared to match a hole in Room 204’s drywall. Hence, the State did not mislead the jury into believing the white powder was something other than drywall. Moreover, even if the State did somehow mislead the jury, Appellant waived his objection because he failed to make it at trial. See State v. Kemp, 185 Ariz. 52, 62, 912 P.2d 1281, 1291 (1996) (<HOLDING>). E. ¶ 22 Appellant also argues that the trial Options: A. holding that instances of prosecutorial misconduct are waived if not objected to at trial B. holding that defendant must have clearly objected at trial to the matter he is raising on appeal C. holding that it is error for court of appeals to reverse trial courts ruling that had not been objected to at the trial court level D. holding that a trial justices claimed errors that are not specifically objected to at trial are not preserved for consideration by this court on appeal E. holding that claims based on grounds not objected to at trial cannot be considered on appeal

assistant: The best answer is A. holding that instances of prosecutorial misconduct are waived if not objected to at 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: F.3d 218, 225 (3d Cir.2003) (alteration in original) (quoting CoreStates Bank, N.A. v. Cutillo, 723 A.2d 1053, 1058 (Pa.Super.1999)). Silvis contends in her amended complaint that Ambit “breached its agreements with Plaintiff and the Proposed Class Members by charging rates that did not meet the contractual obligation to provide a competitive rate based on market factors.” Am. Compl., ¶ 105 (ECF No. 16). There is no express provision in the contract requiring Ambit to provide a competitive rate. Moreover, as described above, the contract between Silvis and Ambit is an unambiguous, fully integrated document made up of the Terms of Service and the Disclosure Statement. See McGuire v. Schneider, Inc., 368 Pa.Super. 344, 534 A.2d 115, 118 (1987), aff'd, 519 Pa. 439, 548 A.2d 1223 (1988) (<HOLDING>). Thus, the Court may not add into the contract Options: A. recognizing that the law of the shop includes the understanding of the parties B. holding that a contract was fully integrated where it stated that it contained the parties entire understanding was not ambiguous covered the disputed subject matter and conveyed no suggestion that anything beyond the four corners of the writing was necessary in order to ascertain the intent of the parties C. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties D. holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party E. holding that the primary goal when interpreting an insurance contract is to ascertain the intent of the parties as manifested by the language of the specific insurance policy

assistant: The best answer is B. holding that a contract was fully integrated where it stated that it contained the parties entire understanding was not ambiguous covered the disputed subject matter and conveyed no suggestion that anything beyond the four corners of the writing was necessary in order to ascertain the intent of the parties
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: filed suit seeking both monetary and injunctive relief against the University and various of its officers and agents (collectively the “defendants”), alleging violations of the Equal Pay Act, 29 U.S.C. § 206(d), and Title VII, 42 U.S.C. § 2000e et seq. The University, which the plaintiffs concede is a state entity, moved to' dismiss the Equal Pay Act claim, as well as the claim for compensatory relief under Title VII, arguing that the Eleventh Amendment bars federal jurisdiction over these claims. The district court denied the defendants’ Eleventh Amendment defense, and the defendants appealed that decision to this Court under the collateral order doctrine, see Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 145, 113 S.Ct. 684, 121 L.Ed.2d 605 (1993) (<HOLDING>). In our initial consideration of this case, we Options: A. holding that the collateral order doctrine allows for immediate appellate review of the denial of an eleventh amendment immunity claim B. holding that pursuant to the collateral order doctrine and 28 usc 1291 a state may appeal from a district court order denying it eleventh amendment immunity C. recognizing the collateral order doctrine for the first time D. holding that the collateral order doctrine permitted interlocutory review of a denial of a motion for summary judgment under missouris sovereign immunity statute E. holding that states may take advantage of the collateral order doctrine to appeal district court orders denying claims of eleventh amendment immunity

assistant: The best answer is A. holding that the collateral order doctrine allows for immediate appellate review of the denial of an eleventh amendment immunity claim