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 legal provision and list the applicable contract clause categories. Provision: The closing of the Exchange (the “ Closing ”) shall take place on December 30, 2016, or on such other date as shall be mutually agreed to by the Company and the Holder (the “ Closing Date ”), at the offices of Olshan Frome Wolosky LLP, 1325 Avenue of the Americas, New York, New York, or such other place as shall be mutually agreed to by the Company and the Holder.

assistant: Closings
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: Corp. v. Vision Mortg. Servs. Corp., No. 09 C 471, 2011 WL 666088 (E.D.Wisc. Feb. 15, 2011) (Griesbach, J.) (agreeing with plaintiffs that “the CFAA allows recovery for losses sustained even if data or computers were not damaged”); Del Monte Fresh Produce, N.A., Inc. v. Chiquita Brands Int’l Inc., 616 F.Supp.2d 805, 811 (N.D.Ill. Mar. 19, 2009) (Hibbler, J.) (“The CFAA states that a company that pays for damage assessment may satisfy the loss requirement.”); Motorola, Inc. v. Lemko Corp., 609 F.Supp.2d 760, 768 (N.D.Ill. Feb. 11, 2009) (Kennelly, J.) (allegations of loss “related to damage and security assessments ... are sufficient to allege loss for purposes of the CFAA”); TEKsystems, Inc. v. Modis, Inc., No. 08 C 5476, 2008 WL 5155720, at *5 (N.D.Ill. Dec. 5, 2008) (Conlon, J.) (<HOLDING>); Sam’s Wines & Liquors, Inc. v. Eartig, No. 08 Options: A. holding that plaintiffs failed to plead loss causation where their only allegation was the payment of artificially inflated prices for defendants securities and their complaint failed to provide defendants with notice of what plaintiffs relevant economic loss might be or of what the causal connection might be between that loss and the alleged misrepresentation at issue B. holding that plaintiff sufficiently alleged loss under the cfaa by alleging loss exceeding 5000 for the cost of a computer forensic investigation into defendants conduct C. holding that loss of an arm includes loss of the hand D. holding that the loss of a contract failed to constitute ascertainable loss under cutpa E. holding that proof of loss is not evidence of extent of loss and insured is not precluded from showing his damages were greater than shown in proof of loss

assistant: The best answer is B. holding that plaintiff sufficiently alleged loss under the cfaa by alleging loss exceeding 5000 for the cost of a computer forensic investigation into defendants conduct
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 commence on the Effective Date and continue in full force until December 31, 2022 (the “Initial Term”) unless terminated earlier by mutual agreement of the Parties in writing or as otherwise provided in this Agreement. Following the Initial Term, Aerie may, at its option, renew the Agreement for up to two additional one (1) year periods by giving Cayman written notice of such election not less than sixty (60) days prior to the expiration of the Initial Term or the first renewal term, as applicable (each, a “Renewal Term” and, together with the Initial Term, the “Term”).

assistant: Terms
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 validity of their claims in court.” Memorandum from the Secretary of the Interior to the Assistant Secretaries, Interim Departmental Policy on Revised Statute 2477 Grant of Right of Way for Public Highways; Revocation of December 7, 1988 Policy 2 (Jan. 22, 1997). 12 . Examples of administrative determinations include Southern Utah Wilderness Alliance, 111 IBLA 207, 214 (1989) (''[W]hile the courts may be the final arbiters whether a given R.S. 2477 right-of-way has legal existence, initial action defining and determining such a right-of-way is properly taken by BLM" when the issue is one “of 'administrative concern’ and requires resolution by BLM in the administration of Departmental regulations respecting planning and permitting.”); Leo Titus, Sr., 89 IBLA 323, 337-38 (1985) (<HOLDING>); Nick DiRe, 55 IBLA 151, 154 (1981) ("[W]hile Options: A. recognizing that there are no formal procedures for determining the validity of rs 2477 claims B. recognizing the rule and the exception but holding facts did not support claim to exception C. recognizing general rule D. recognizing the public interest exception E. recognizing an administrative necessity exception to the general rule that state courts are the proper forum for determining whether there is a public highway under rs 2477 and the respective rights of interested parties

assistant: The best answer is E. recognizing an administrative necessity exception to the general rule that state courts are the proper forum for determining whether there is a public highway under rs 2477 and the respective rights of interested 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement, and shall become effective when one or more such counterparts have been signed by each of the parties and delivered to the other party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: approximately one-month period of prolonged pain and disability. Foster, 303 S.W.3d at 840-41. We held that the report was adequate as to this claim. Id. Richardson is not required to perfect a second interlocutory appeal in order to require the trial court to give effect to our judgment and mandate in Foster. Requiring Richardson to pursue a second interlocutory appeal to obtain relief we have already granted in a prior interlocutory appeal is not an adequate remedy at law. See Columbia Med. Ctr., 306 S.W.3d at 248 (explaining that “[b]ecause this issue arises in connection with a final judgment following an appeal to this Court, we conclude that Columbia now has no other adequate remedy by appeal”); see generally In re Masonite Corp., 997 S.W.2d 194, 198 (Tex.1999) (orig. proceeding) (<HOLDING>). V. Conclusion Because the trial court’s Options: A. holding that where the final judgment provided relief that was not requested its entry constituted reversible error B. recognizing that an appellate court reviews a trial courts decision whether or not to grant equitable relief only for an abuse of discretion C. holding that the judges entry into the jury room constituted reversible error D. recognizing appellate remedy inadequate when trial courts abuse of discretion constituted automatic reversible error E. holding exclusion of defendants nephews prior inconsistent statement constituted reversible error

assistant: The best answer is D. recognizing appellate remedy inadequate when trial courts abuse of discretion constituted automatic reversible error
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 modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party or parties against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances. Neither any failure nor any delay on the part of Lender in insisting upon strict performance of any term, condition, covenant or agreement, or exercising any right, power, remedy or privilege hereunder or under any other Loan Document, shall operate as or constitute a waiver thereof, nor shall a single or partial exercise thereof preclude any other future exercise, or the exercise of any other right, power, remedy or privilege. In particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this Agreement or any other Loan Document, Lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this Agreement or the other Loan Documents, or to declare a default for failure to effect prompt payment of any such other amount. Lender shall have the right to waive or reduce any time periods that Lender is entitled to under the Loan Documents in its sole and absolute discretion.

assistant: Modifications
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: legal strategies.” (citation omitted)); United States v. Schwimmer, 892 F.2d 237, 243 (2d Cir.1989) ("[The joint defense privilege] serves to protect the confidentiality of communications passing from one party to the attorney for another party where a joint defense effort or strategy has been decided upon and undertaken by the parties and their respective counsel.”) (emphasis added). 13 . See, e.g., In re Ford Motor Co., 988 S.W.2d 714, 719 (Tex.1998) (declining to extend the attorney-client privilege to communications between an insured and liability insurer where "at the time [the insured] made her statements, there was no attorney-client relationship” between her and her insurer); see also In re Tex. Farmers Ins. Exch., 990 S.W.2d 337, 341 (Tex.App.-Texarkana 1999, pet. denied) (<HOLDING>). 14 . Our evidentiary rules have the force and Options: A. holding that if the insured is only partially compensated by the insurer both the insurer and the insured are real partiesininterest B. holding that if counsel retained by an insurer acts as an investigator and not as an attorney then the communications between the insured and insurer are not privileged C. holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured D. holding that there is an actual controversy between an insurer and the party injured by the insured E. holding that insured may recover attorneys fees from insurer where insurer acts in bad faith

assistant: The best answer is B. holding that if counsel retained by an insurer acts as an investigator and not as an attorney then the communications between the insured and insurer are not privileged
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: imposing the term of supervised release. II. DISCUSSION Love first argues the court may not impose any term of supervised release for a violation of § 401. He points out § 401 itself does not authorize supervised release; rather, the statute provides the court may punish contempt by “fine or imprisonment, or both.” Although he acknowledges 18 U.S.C. § 3583 authorizes supervised release for most offenses, he contends the statute is inapplicable to criminal contempt because it mentions only felonies and misdemeanors, and contempt is an offense mi generis, neither felony nor misdemeanor. See Cheff v. Schnackenberg, 384 U.S. 373, 380, 86 S.Ct. 1523, 1526, 16 L.Ed.2d 629 (1966) (noting contempt is an offense sui generis); see also United States v. Holmes, 822 F.2d 481, 493-94 (5th Cir.1987) (<HOLDING>). Alternatively, Love argues the maximum term Options: A. holding that in addition to statutory contempt powers city courts have inherent contempt power B. holding a statute authorizing fines for felonies or misdemeanors was inapplicable to criminal contempt because contempt is neither a felony nor a misdemeanor C. holding evidence insufficient to show direct contempt and no basis for indirect contempt because of failure to meet procedural requirements D. holding it was within the chancellors discretion to find that though the husband was in contempt the contempt was not willful E. holding corporation and its president in criminal contempt because previous order of civil contempt had not been purged

assistant: The best answer is B. holding a statute authorizing fines for felonies or misdemeanors was inapplicable to criminal contempt because contempt is neither a felony nor a misdemeanor
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: drug by evaluating just the combination of active ingredients rather than each individual active ingredient. Whereas the FDA apparently evaluates combination drugs as a whole in determining their safety and efficacy, see 21 C.F.R. § 300.50, the Act permits patent term extension only with regard to “the active ingredient of [the] drug that receives FDA approval.” Hoechst-Roussel Pharmaceuticals, Inc. v. Lehman, 109 F.3d 756, 759 n. 3 (Fed.Cir.1997). The focus of the FDA approval process is the drug claimed by the patent as a whole, whereas the focus of § 156(a)(5)(A) is the “product,” defined as “the active ingredient” of that drug, whether “as a single entity or in combination with another active ingredient.” 35 U.S.C. § 156(f)(2); Fisons plc v. Quigg, 876 F.2d 99, 101 (Fed.Cir.1989) (<HOLDING>). The USPTO’s policy of extending the patent Options: A. holding that the race of the prosecutor is irrelevant B. holding that fda approval of the entire composition of a drug is irrelevant to the meaning of product in 156a5a C. holding that when a defendant is sentenced to a term that does not exceed the statutory maximum allowed for an indeterminate amount of the drug involved the jurys determination of drug quantity is practically irrelevant D. holding that the mere fact that the fda does not require a warning on a product label does not necessarily create a conflict E. holding that referring the issue to fda would be wasteful and duplicative in case where fda had filed seizure actions after rejecting premos attempt to file drug with agency

assistant: The best answer is B. holding that fda approval of the entire composition of a drug is irrelevant to the meaning of product in 156a5a
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 economic loss doctrine bars Biszantz’s claims of fraud. The district court determined that the Kentucky Supreme Court would extend the economic loss rale to bar contractually based fraud claims. R. 47, PagelD .925-27. Even assuming that Kentucky would adopt the minority view and apply the economic loss doctrine to bar contractually based fraud claims, see Ralph C. Anzivino, The Fraud in the Inducement Exception to the Economic Loss Doctrine, 90 Marq. L. Rev. 921, 931-83 (2007) (explaining that majority approach is to allow broad exception to the economic loss doctrine for all claims of fraud), we doubt that Kentucky would employ the doctrine to bar fraud claims seeking - rescission, see Harley-Davidson Motor Co., Inc. v. PowerSports, Inc., 319 F.3d 973, 981 (7th Cir.2003) (<HOLDING>). Biszantz appears to have pled rescission in Options: A. holding that the economic loss doctrine may bar recovery if the defendants duties emanate from contractual relationships B. holding that the economic loss doctrine barred a negligence claim without regard to whether the parties were in privity of contract C. holding economic loss doctrine bars negligence claim based on service contract D. holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract E. holding that even wisconsin which has one of the broadest coverages of the economic loss doctrine would not apply it to bar an action for the rescission of a contract

assistant: The best answer is E. holding that even wisconsin which has one of the broadest coverages of the economic loss doctrine would not apply it to bar an action for the rescission of a contract
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: After giving effect to the execution and delivery of the Loan Documents and the other Related Transaction Documents and the making of the Loans under this Agreement and the consummation of the other Related Transactions, the Borrower is, and the Borrower and its Subsidiaries, on a consolidated basis, are, Solvent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby represents and warrants to each Purchaser that, except as set forth on the Disclosure Schedule attached as Exhibit D to this Agreement, which exceptions shall be deemed to be part of the representations and warranties made hereunder, the following representations are true and complete as of the date of the Initial Closing, except as otherwise indicated. The Disclosure Schedule shall be arranged in sections corresponding to the numbered and lettered sections and subsections contained in this Section 2 , and the disclosures in any section or subsection of the Disclosure Schedule shall qualify other sections and subsections in this Section 2 only to the extent it is readily apparent from a reading of the disclosure that such disclosure is applicable to such other sections and subsections.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Lease shall be for a period beginning on the Commencement Date and continuing for the Original Term and any extension thereof in accordance with the provisions of this Lease, unless sooner terminated as hereinafter provided. When the dates of the beginning and end of the Original Term have been determined such dates shall be evidenced by a confirmatory document executed by Landlord and Tenant in the form substantially as shown on Exhibit E hereto and delivered each to the other, but the failure of Landlord and Tenant to execute or deliver such document shall have no effect upon such dates. The Original Term and any extension thereof in accordance with the provisions of this Lease is hereinafter referred to as the “ term ” of this Lease.

assistant: Terms
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: as a member of a skype manager account you acknowledge and agree that the administrator of the skype manager may , if you agree , view detailed information about the activity on your user account including the time , date , duration and destination number of calls and sms made and details of your purchases and downloads .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( 2 ) that incorporates ` swear ' words or which are otherwise offensive , defamatory , vulgar , obscene , hateful , or racially , ethnically or otherwise objectionable ;

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: exhibits were crack cocaine and expressly referred to the government’s Exhibit No. 2 as “an awful big piece of crack cocaine ... a pretty big chunk.” We hold the evidence was sufficient to support the jury’s finding that the substances seized from appellant’s automobile were crack cocaine or cocaine base. DISPARITY IN SENTENCING—DUE PROCESS Guidelines § 2D1.1(a)(3) uses a 100 to 1 ratio for powder cocaine to crack cocaine or cocaine base, that is, 100 grams of powder cocaine is the equivalent of 1 gram of crack cocaine or cocaine base. Appellant argues the sentencing guidelines’ distinction between powder cocaine and crack cocaine or cocaine base is not supported by a rational basis and thus violates due process, citing State v. Russell, 477 N.W.2d 886, 888-91 (Minn.1991) (banc) (<HOLDING>). This court has upheld the constitutional Options: A. holding distinction between penalties for crimes involving crack cocaine and powder cocaine lacked rational basis and thus violated equal protection clause of state constitution B. holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack C. holding that the guidelines stiffer penalties for cocaine base do not violate equal protection D. holding that sentencing disparity between crack and powder cocaine is constitutional E. holding that there is a rational basis for the distinction

assistant: The best answer is A. holding distinction between penalties for crimes involving crack cocaine and powder cocaine lacked rational basis and thus violated equal protection clause of state constitution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) THIS LEASE WAS NEGOTIATED IN THE STATE OF NEW YORK, WHICH STATE THE PARTIES AGREE HAS A SUBSTANTIAL RELATIONSHIP TO THE PARTIES AND TO THE UNDERLYING TRANSACTION EMBODIED HEREBY. ACCORDINGLY, IN ALL RESPECTS THIS LEASE (AND ANY AGREEMENT FORMED PURSUANT TO THE TERMS HEREOF) SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE STATE OF NEW YORK (WITHOUT REGARD TO PRINCIPLES OR CONFLICTS OF LAW) AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, EXCEPT THAT ALL PROVISIONS HEREOF RELATING TO THE CREATION OF THE LEASEHOLD ESTATE AND ALL REMEDIES SET FORTH IN ARTICLE XVI RELATING TO RECOVERY OF POSSESSION OF THE LEASED PROPERTY (SUCH AS AN ACTION FOR UNLAWFUL DETAINER, IN REM ACTION OR OTHER SIMILAR ACTION) SHALL BE CONSTRUED AND ENFORCED ACCORDING TO, AND GOVERNED BY, THE LAWS OF THE STATE OF ILLINOIS.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Padron v. Long Island Ins. Co., Fla. Dist.Ct.App., 356 So.2d 1337, 1338-39 (1978)). “Additionally, the phrase, ‘injury arising out of has within the context of no-fault statutory schemes been read to mean an injury which originates from, is incidental to, or has some connection with the use of a motor vehicle.” Id. (citing to Padron, 356 So.2d at 1338-39). This Court has also interpreted the word “occupying” as used in § 2118(a)(2)(c) several times. Messick v. Reliance Ins. Co., C.A. No. 94C-07-188, 1995 WL 465181, Barron, J. (July 26, 1995) (Mem.Op. at 6); see also Carter v. Nationwide Ins. Co., Del.Super., C.A. No. 92C-01-016, 1992 WL 240479, Steele, J. (Aug. 26, 1992); Adamkiewicz v. Milford Diner, Inc., Del.Super., C.A. No. 90C-JA-23, 1991 WL 35709, Steele, J. (Feb. 13, 1991) (<HOLDING>); Walker v. M & G Convoy, Inc., Del.Super., Options: A. holding that police officer plaintiff who was injured approaching a vehicle he had stopped from the rear which lurched backward was an occupier of a motor vehicle under either a geographic perimeter or vehielerelatedtask test B. holding that plaintiff who slipped on ice while approaching her car lacked the necessary nexus with the yehicle and therefore was not an occupier of a motor vehicle C. holding that a genuine issue of material fact existed as to whether plaintiff who was approaching a car to enter it as a passenger was occupying a motor vehicle D. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle E. holding that plaintiff who slipped and fell on ice while securing cars on his employers motor vehicle carrier preparing to travel was very close to the vehicle and engaged in a task related to the vehicle and therefore was an occupier of a motor vehicle

assistant: The best answer is B. holding that plaintiff who slipped on ice while approaching her car lacked the necessary nexus with the yehicle and therefore was not an occupier of a motor vehicle
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: these third party applications may have their own terms and conditions of use and privacy policies and your use of these third party applications will be governed by and subject to such terms and conditions and privacy policies .

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: weight' given in the lookout. 3 . The government moved for admission of the report after Officer Garner confirmed that it bore the same identification number as the heat-sealed envelope in which she placed the two ziplocks given to her by Officer McClinton 4 . The chemist’s report is commonly referred to the “DEA-7,” but to be precise, it is only the Report of Drug Property Collected, Purchased or Seized that is the Drug Enforcement Administration Form 7, or DEA-7. 5 . jn the chemist's absence, Officer Garner misunderstood the report and testified that the net weight of the cocaine base was .15 grams. This answer was mistaken because .15 grams was the reported net weight of the white rocky substance in its entirety. 6 . See Giles v. District of Columbia, 548 A.2d 48, 53-54 (D.C.1988) (<HOLDING>); accord, Ellis v. United States, 834 A.2d 858, Options: A. holding that the official charged with responsibility to act must be an official within the doj with the authority to act in the circumstances B. holding that a chemists report is admissible under dccode 4890506 without need for a testimonial foundation if four requirements are met 1 the analysis of a controlled substance must be performed by a chemist charged with an official duty to perform such analysis 2 an official report of chain of custody and of analysis of the controlled substance must be attested to by that chemist 3 the chemists official report must be attested to by the officer having legal custody of the report and 4 the official report must be accompanied by a certificate under seal that the officer has legal custody C. holding that the question of whether a municipal official is a policymaking official is a matter of state law to be decided by the court D. holding that the color of law element may be satisfied by the fact that an official gains access to the victim in the course of official duty E. holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error

assistant: The best answer is B. holding that a chemists report is admissible under dccode 4890506 without need for a testimonial foundation if four requirements are met 1 the analysis of a controlled substance must be performed by a chemist charged with an official duty to perform such analysis 2 an official report of chain of custody and of analysis of the controlled substance must be attested to by that chemist 3 the chemists official report must be attested to by the officer having legal custody of the report and 4 the official report must be accompanied by a certificate under seal that the officer has legal custody
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of medical techniques and practices. As a result, Title VII is not applicable to the contention that the infertility exclusion has a greater impact on women because they are the ones who are required to undergo a majority of the treatment. The plaintiffs second argument fails because the plaintiff has not provided evidence that female participants in plaintiffs medical plan and their dependent spouses incurred disproportionately more of the costs of infertility treatments than did male plan participants and their dependent spouses. Plaintiffs evidence of the disparate impact caused by the Plan’s infertility exclusion is probably sufficient to demonstrate a discriminatory impact between male and female employees. Bradley v. Pizzaco of Nebraska, Inc., 939 F.2d 610, 612-14 (8th Cir.1991) (<HOLDING>). However, the plaintiffs failed to analyze the Options: A. holding that the corroborating evidence need not be medical evidence if the appellant explains why medical evidence is not available B. holding that statistical evidence of less than two standard deviations may be relevant when corroborated by other evidence C. holding that medical evidence and a statistical study by the military was sufficient evidence to prove a discriminatory impact D. holding that evidence which suggests but does not prove a discriminatory motive is circumstantial evidence by definition E. holding that when plaintiffs allege classwide racially discriminatory treatment in violation of title vii proof of discriminatory motive is essential although the burden may be met in some situations by presentation of statistical evidence that permits an inference of racial discrimination

assistant: The best answer is C. holding that medical evidence and a statistical study by the military was sufficient evidence to prove a discriminatory impact
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A Participant’s employment by the Company or any of its Affiliates shall terminate immediately (i) upon delivery to Participant of written notice of termination by the Company subject to any applicable cure period specified in this Plan, (ii) upon the Company’s receipt of written notice of termination by Participant, or (iii) upon Participant’s death or Permanent Disability (as defined in Section 8 hereof). In the event of such termination, except where Participant is terminated (i) for Cause (as defined in Section 8 hereof), (ii) as the result of a Permanent Disability or death, or (iii) where Participant voluntarily terminates Participant’s employment other than as a Constructive Termination (as defined in Section 8 hereof), and upon execution by Participant at or about the effective date of such termination of the Transition and Release Agreement (the “ Transition Agreement ”), in the form attached hereto as Exhibit A , as may be amended from time to time to the extent permitted by Section 409A of the Internal Revenue Code of 1986, as amended (the “ Code ”), the Company shall provide Participant with the benefits as set forth in the Transition Agreement. The Transition Agreement shall be executed in the timeframe specified by the Company, which shall in no event exceed 45 days after the Participant’s termination of employment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: result from negligent performance, not all cases of medical negligence, even if otherwise actionable, will give rise to liability for infliction of emotional dis tress. Judges will necessarily have to draw on their reservoir of knowledge of societal norms, as well as evidence of professional and ethical standards and norms of practice. See, e.g., Curtis, 956 P.2d at 963 (noting that standard of care required that precautions be taken to “avoid or minimize” psychological reaction to confinement during an MRI examination). There are evident differences between the duty of a hospital or obstetrician whose negligence results in death or permanent injury to a child during labor and delivery and thereby causes deep distress in the mother, Burgess, 9 Cal.Rptr.2d 615, 831 P.2d at 1199, 1203 (<HOLDING>); the duty of a doctor who negligently arrives Options: A. recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined B. recognizing that substance abuse and emotional disturbance need not be inextricably intertwined C. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother endangered childs physical and emotional wellbeing by leaving child alone overnight with known cocaine abusers D. recognizing claim for negligent infliction of emotional distress when medical malpractice during pregnancy resulted in stillborn child E. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any

assistant: The best answer is A. recognizing the unique relationship between mother and child during pregnancy and birth and permitting mothers claim for emotional distress where the mothers emotional wellbeing and the birth of the child are inextricably intertwined
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: indorsers, and other persons conditionally liable also receive benefits from payment of the debt. If called on to pay, guarantors and the like would have been creditors; the “benefit” to them is that extinguishing the primary debt means that they receive a larger percentage of their claim than they would have had they paid and been converted to general creditors of the bankrupt. Cases under the 1898 Act routinely held that unless a person escapes an obligation to pay and so reaps a larger portion of his claim than do other creditors, he has not received a statutory “benefit”. E.g., Mayes v. Palmer, 208 F. 97 (8th Cir.1913); Walker v. Wilkinson, 296 F. 850 (5th Cir.1924); Mansfield Lumber Co. v. Sternberg, 38 F.2d 614 (8th Cir.1930). See also Bonded Financial, 838 F.2d at 895-96 (<HOLDING>). The Liquidator has not identified, and we Options: A. holding that subparagraphs a and b are mutually exclusive and thus any travel between work and home even if it is also for a dual purpose must be analyzed exclusively under paragraph a B. holding that transferee and beneficiary are mutually exclusive categories C. holding trial court is sole and exclusive judge of witnesses credibility D. holding that the remedies are exclusive E. recognizing that 1983 and 2254 proceedings are mutually exclusive so that if a claim can be properly raised in one of those proceedings it cannot be raised in the other type of proceeding

assistant: The best answer is B. holding that transferee and beneficiary are mutually exclusive categories
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 benefits payable to the Participant under the Plan shall not be subject to alienation, transfer, assignment, garnishment, execution or levy of any kind and any attempt to cause any benefits to be so subjected shall not be recognized.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we do not endorse , support , represent or guarantee the completeness , truthfulness , accuracy , or reliability of any content or communications posted via the services or endorse any opinions expressed via the services .

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: The Company and the Executive agree that all disputes, controversies, and claims arising between them concerning the subject matter of this Agreement, other than Sections 9 and 10, shall be settled by arbitration in accordance with the rules and procedures of the American Arbitration Association then in effect. The location of the arbitration will be Jacksonville, Florida or such other place as the parties may mutually agree. In rendering any award or ruling, the arbitrator or arbitrators shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of Florida. The parties to any such dispute, controversy, or claim shall attempt to agree upon the selection of a single arbitrator. If after a reasonable period of time the parties are unable to agree upon such a single arbitrator, then three arbitrators will be appointed with each party selecting an arbitrator from the American Arbitration Association’s available panel of arbitrators, and the parties agreeing upon the selection of a third arbitrator. If the parties cannot agree upon the selection of a third arbitrator, then the two arbitrators selected by the parties shall agree upon a third arbitrator from the panel of American Arbitration Association arbitrators. If the two arbitrators are unable to so agree on a third arbitrator, the third arbitrator shall be selected by the American Arbitration Association. Any arbitration pursuant to this section shall be final and binding on the parties, and judgment upon any award rendered in such arbitration may be entered in any court, state or federal, having jurisdiction. All fees and expenses of the arbitration shall be born in accordance with Section 8. The arbitrator or arbitrators shall have no authority to award provisional relief, injunctive remedies, or punitive damages. The parties expressly acknowledge that they are waiving their right to seek remedies in court, including without limitations the right if any to a jury trial.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall, from time to time, make the good faith determination whether or not it is practicable for the Company to obtain and maintain a policy or policies of insurance with a reputable insurance company providing the Indemnitee with coverage for losses from wrongful acts. For so long as Indemnitee shall have Corporate Status, Indemnitee shall be named as an insured in all policies of director and officer liability insurance in such a manner as to provide Indemnitee the same rights and benefits as are accorded to the most favorably insured of the Company’s officers and directors. If, at the time of the receipt of a notice of a claim pursuant to the terms of this Agreement, the Company has director and officer liability insurance in effect, the Company shall give prompt notice of the commencement of such proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter take all necessary or desirable action to cause such insurers to pay, on behalf of the Indemnitee, all amounts payable as a result of such proceeding in accordance with the terms of such policies. Notwithstanding the foregoing, the Company shall have no obligation to obtain or maintain such insurance if the Company determines in good faith that such insurance is not reasonably available, if the premium costs for such insurance are disproportionate to the amount of coverage provided, or if the coverage provided by such insurance is limited by exclusions so as to provide an insufficient benefit.

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 legal provision and list the applicable contract clause categories. Provision: The Committee may amend, modify or terminate this Plan at any time; provided , however , that except as specifically provided for in Section 8(j) hereof, (i) no amendment, modification or termination of the Plan that is materially adverse to the Participants shall become effective earlier than ninety (90) days after the date of the relevant corporate action authorizing such amendment, modification or termination, (ii) within the one-year period following a Change of Control, no amendment, modification or termination of the Plan that is materially adverse to the Participants shall become effective earlier than one (1) year after the date of the relevant corporate action authorizing such amendment, modification or termination, and (iii) no such amendment, modification or termination shall affect the right to any unpaid severance benefits under the terms of this Plan or the Transition Agreement of any Participant whose notice of termination without Cause or notice of termination for Good Reason has occurred prior to such amendment, modification or termination of this Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and any amendments to this Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. A facsimile or electronic signature to this Agreement and any amendments to this Agreement shall be deemed an original and binding upon the party against whom enforcement is sought.

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: All notices must be in writing and delivered to the other party’s principal business address, by personal delivery, overnight courier service, email or by facsimile. Notices will be deemed given as of the date of receipt, which date shall be evidenced by the signature of an authorized representative of the receiving party or by written evidence of a successful transmission of an email or facsimile.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1993-NMSC-033, ¶ 4, 115 N.M. 573, 855 P.2d 562. We also look to the common law and to equity in determining public policy. {39} Other relevant statutes include the Small Loan Act, Sections 58-15-31 to -39, which regulates the small loan industry; the unconscionability clause of the Uniform Commercial Code (UCC), Section 55-2-302; and the Money, Interest and Usury Act (Money Act), NMSA 1978, Sections 56-8-1 to -21 (1851, as amended through 2004), which sets a default interest rate of 15 percent for contracts where no interest rate is stated. Section 56-8-3. Because these statutes were enacted prior to the UPA, we can infer that the Legislature enacted the UPA with full knowledge of and in harmony with the public policy expressed by those statutes. See Schnedar, 1993-NMSC-033, ¶ 4 (<HOLDING>). {40} The Legislature enacted the Small Loan Options: A. holding that statutes are to be interpreted in accordance with the legislative intent and in a manner that will not render the statutes application absurd unreasonable or unjust internal quotation marks and citation omitted B. holding that the statutes could be harmonized C. holding that similar statutes should be harmonized and construed together when possible in a way that facilitates their operation and the achievement of their goals internal citation omitted D. holding that penal statutes are to be strictly construed in favor of the persons sought to be subjected to their operation E. holding that criminal statutes of limitation should be construed in favor of the accused

assistant: The best answer is C. holding that similar statutes should be harmonized and construed together when possible in a way that facilitates their operation and the achievement of their goals internal citation omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as specifically stated otherwise herein, this Agreement and the Transaction Documents set forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement and the Transaction Documents. This Agreement may not be modified, amended, waived or supplemented except as provided herein.

assistant: Integration