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: Section 41-22-20(d), Ala.Code 1975, provides that a notice of appeal from a final decision of an administrative agency such as the CONRB of SHPDA must be filed with the pertinent administrative agency within 30 days of the date the petitioner receives notice of, or other service of, the decision rendered by that administrative agency. When the decision of the administrative agency is the denial of a petition or application by operation of law due to the administrative agency’s failure to rule on that petition or application within a specified period, a notice of appeal from such a denial must be filed within 30 days after the petition or application was denied by operation of law. See Noland Health Servs., Inc. v. State Health Planning & Dev. Agency, 44 So.3d 1074, 1081-82 (Ala.2010) (<HOLDING>). Section 41-22-11(b) provides that, when a Options: A. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court B. holding that the limitations period begins to run at the time that the parties first enter into the franchise agreement C. holding that the oneyear period begins to run after the time for filing a petition for a writ of certiorari has expired D. holding that the period for seeking judicial review of denial of con application not expressly ruled upon by the conrb begins to run at the time that application has been denied by operation of law E. holding that limitation period begins to run at the time of the breach

assistant: The best answer is D. holding that the period for seeking judicial review of denial of con application not expressly ruled upon by the conrb begins to run at the time that application has been denied by operation 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 legal provision and list the applicable contract clause categories. Provision: Whenever any notice or other communication (a “Delivery”) is required to be given or delivered under the terms of this Pledge Agreement, it shall be in writing and delivered by hand delivery or Federal Express or registered or certified United States mail, postage prepaid and return receipt requested, and will be deemed to have been given or delivered on the date such notice or other communication is so delivered. Any Delivery to the Borrower shall be addressed to Royal Energy Resources, Inc., 56 Broad Street, Suite 2, Charleston, SC 29401, or to such other address as the Borrower may hereafter designate to the Lender in writing; any Delivery to the Lender shall be addressed to Rhino Resource Partners, LP, 424 Lewis Hargett Circle, Suite 250, Lexington, KY 40503, or to such other address as the Lender may hereafter designate to the Borrower in writing.

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: The father, relying on Opinion of the Clerk No. 21, 375 So.2d 1066 (Ala.1979), argues that the mother failed to properly institute her contempt action because she did not file her contempt action separately or pay a separate filing fee. Although it appears that the opinion the father relies upon supports his contention, as does Opinion of the Clerk No. 25, 381 So.2d 58, 59 (Ala.1980) (“The basic differences between contempt proceedings and proceedings to modify a final decree preclude the inclusion of a petition for rule nisi and a petition to modify in the same pleading.”), we note that both opinions predate the adoption of Rule 70A, Ala. R. Civ. P., which now governs contempt proceedings arising out of civil actions. See Ex parte Boykin, 656 So.2d 821, 827 n. 5 (Ala.Civ.App.1994) (<HOLDING>). Rule 70A expressly provides that contempt Options: A. recognizing that as of july 11 1994 contempt proceedings arising from civil actions are no longer governed by rule 333 ala rcrim p and instead are governed by rule 70a B. holding that constructively fraudulent transfers are governed by rule 8 C. holding that with respect to civil forfeiture actions property issues concerning ownership are governed by the laws of the state in which the property is located D. recognizing that it is an open question whether drpa is a federal agency governed by the apa or a state agency governed by state administrative law E. holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit

assistant: The best answer is A. recognizing that as of july 11 1994 contempt proceedings arising from civil actions are no longer governed by rule 333 ala rcrim p and instead are governed by rule 70a
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 set forth below, no public release or announcement concerning the transactions contemplated hereby shall be issued by the Company or the Investors without the prior consent of the Company (in the case of a release or announcement by the Investors) or the Required Investors (in the case of a release or announcement by the Company) (which consents shall not be unreasonably withheld), except as such release or announcement may be required by law or the applicable rules or regulations of any securities exchange or securities market, in which case the Company or the Investors, as the case may be, shall allow the Investors or the Company, as applicable, to the extent reasonably practicable in the circumstances, reasonable time to comment on such release or announcement in advance of such issuance. By 8:30 a.m. (New York City time) on the trading day immediately following the execution and delivery of this Agreement, the Company shall (i) issue a press release (the “Press Release”) disclosing the execution of this Agreement, describing the transactions contemplated hereby and by the other Transaction Documents and disclosing the Disclosure, and (ii) file a Current Report on Form 8-K attaching the press release described in the foregoing sentence as well as copies of the Transaction Documents. In addition, the Company will make such other filings and notices in the manner and time required by the SEC or the OTCQB. From and after the issuance of the Press Release, no Investor will be deemed to be in possession of any material nonpublic information regarding the Company. The Company acknowledges that the Investors are relying on the prior sentence in effecting transactions in the Company’s securities and that such reliance is reasonable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall not, under any circumstances, take any action(s) or make any oral or written statement(s) that disparage, harm or defame the reputation, good will or services of the Company. The Company will instruct its Directors, officers and employees that they shall not, under any circumstances, take any action(s) or make any oral or written statement(s) that disparages, harms or defames the reputation, good will or services of the Executive. The parties agree that this Section 10.1 will not prevent either party from responding to inquiries from governmental agencies or bodies or other persons or entities as required by law, regulation, service of process (including, without limitation, a subpoena) or request issued by a competent court or regulatory body; or from providing testimony in writing or orally or in connection with any testimony, pleading, deposition.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may require Grantee to pay to the Company an amount the Company deems necessary to satisfy its current or future obligation to withhold federal, state or local income or other taxes that Grantee incurs as a result of the award, vesting or settlement of the RSUs. Grantee may satisfy this withholding obligation: (a) in cash or by personal check, certified check, bank cashier’s check or wire transfer; (b) in shares of Common Stock owned by Grantee and value at their Fair Market Value on the date on which the withholding obligation arises; (c) net settlement; or (d) by any such other method as the Committee may from time to time authorize in its sole discretion. The Committee, in its discretion, may deny Grantee’s request to satisfy the withholding obligations using a method described in clause (a) or (b).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower agrees to pay to each Lender, through the Administrative Agent, on the last Business Day of March, June, September and December in each year and on each date on which any Commitment of such Lender shall expire or be terminated as provided herein, a commitment fee (a “Revolving Credit Commitment Fee”), initially equal to 0.300% per annum on the daily unused amount of the Revolving Credit Commitment (reduced by the face amount of Letters of Credit issued and outstanding) of such Lender during the preceding quarter (or other period commencing with the Closing Date or ending with the Maturity Date or the date on which the Revolving Credit Commitments of such Lender shall expire or be terminated); provided, that after the first full fiscal quarter after the Closing Date, the Revolving Credit Commitment Fees shall be determined in accordance the pricing grids below.

assistant: Fees
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 course of dealing on the part of any party hereto or its agents, or any failure or delay by any such party with respect to exercising any right, power or privilege of such party under this Agreement or any instrument referred to herein shall operate as a waiver thereof, and any single or partial exercise of any such right, power or privilege shall not preclude any later exercise thereof or any exercise of any other right, power or privilege hereunder or thereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 239 (533 SE2d 129) (2000). 7 Young, 274 Ga. at 848; see also Kaminer v. Canas, 282 Ga. 830, 838 (4) (653 SE2d 691) (2007) (“We find OCGA § 9-3-71 (a) to be an extremely harsh limitation in application because it has the effect, in many cases,... of cutting off rights before there is any knowledge of injury. Nonetheless, the legislature has the power, within constitutional limitations, to make such provisions.” (punctuation omitted)). 8 OCGA § 9-3-71 (a). 9 OCGA § 9-11-8 (a) (1) (A). 10 McCord v. Lee, 286 Ga. 179, 180 (684 SE2d 658) (2009). 11 Beamon v. Mahadevan, 329 Ga. App. 685, 687 (1) (766 SE2d 98) (2014) (punctuation omitted) (quoting McCord, 286 Ga. at 180). 12 Id. (punctuation omitted) (quoting McCord, 286 Ga. at 180). 13 Kaminer, 282 Ga. at 832 (1); see also id. at 831-32 (1) (<HOLDING>); Frankel v. Clark, 213 Ga. App. 222, 223 (444 Options: A. holding that the burden rests upon the party seeking benefits to prove the injury sustained was the result of an accident arising out of and in the course of employment and the rule of liberal construction is not a substitute for the claimants burden of establishing his claim by a preponderance of the evidence B. holding that in cases of misdiagnosis the injury begins immediately upon the misdiagnosis due to pain suffering or economic loss sustained by the patient from the time of the misdiagnosis until the medical problem is properly diagnosed and treated and that tjhe misdiagnosis itself is the injury and not the subsequent discovery of the proper diagnosis punctuation omitted C. holding at least under the facts of the case that the statute of limitations in a medical malpractice action did not begin to run until the plaintiff secured a specific medical diagnosis D. holding that under the ada discovery of the original act of discrimination not future confirmation of the injury or determination that the injury is unlawful is when the statute of limitations begins to run E. holding that the basis of liability is negligence and not injury

assistant: The best answer is B. holding that in cases of misdiagnosis the injury begins immediately upon the misdiagnosis due to pain suffering or economic loss sustained by the patient from the time of the misdiagnosis until the medical problem is properly diagnosed and treated and that tjhe misdiagnosis itself is the injury and not the subsequent discovery of the proper diagnosis punctuation 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: 1.1. For a period of three (3) years from the date of entering in to this Agreement, not to disclosure any Information or Item, in any manner whatsoever, directly or indirectly, whether in whole or in part, without the prior written consent of Disclosing Party, to any individual, firm or entity, excepting solely an individual who (a) is an officer, director or employee of Disclosing Party or of the Recipient and (b) has a clear need to know for purposes directly related to the Matter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and each other Loan Document may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by telecopier of an executed counterpart of a signature page to this Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Agreement and such other Loan Document. The Agents may also require that any such documents and signatures delivered by telecopier or other electronic transmission be confirmed by a manually‑signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by telecopier or other electronic transmission.

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: of indictments, the Mississippi Supreme Court has observed that amending the date of the alleged offense is a change of form only where time is not an essential element or factor in the indictment.” Givens [v. State], 730 So.2d [81,] 87 (¶ 19) [(Miss.Ct.App.1998) ] (citation omitted). Id. at (¶ 33). The amendment to Peterson’s indictment did not alter Peterson’s defense in any way and was, therefore, proper. ¶ 42. Peterson further claims that the State did not prove the length of time Peterson served on his prior offenses. However, section 99-19-81 does not require that Peterson actually serve more than one year; instead, it merely requires that Peterson received a sentence for one year or more for two separate convictions. See Hewlett v. State, 607 So.2d 1097, 1105 (Miss.1992) (<HOLDING>) Accordingly, this issue has no merit. ¶ 43. Options: A. holding that the fact that there was no actual incarceration does not affect the sufficiency of the sentences as evidence of habitualoffender status B. holding that appellate courts determine the sufficiency of the evidence to support a conviction based on a review of all of the evidence admitted at trial C. holding that on a review of the sufficiency of the evidence the court determines whether any rational trier of fact could have found all the elements of the offense beyond a reasonable doubt D. holding that summary judgment is appropriate when no issue of material fact exists and the court is reviewing administrative record for sufficiency of evidence E. holding that sufficiency of the evidence review should be independent of the jurys determination that evidence on another count was insufficient

assistant: The best answer is A. holding that the fact that there was no actual incarceration does not affect the sufficiency of the sentences as evidence of habitualoffender status
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 will pay all expenses incident to the performance of its obligations under this Agreement, including (i) the preparation, filing, including any fees required by the Commission, and printing of the Registration Statement (including financial statements and exhibits) as originally filed and of each amendment and supplement thereto and each Free Writing Prospectus, in such number as Cowen shall deem reasonably necessary, (ii) the printing and delivery to Cowen of this Agreement and such other documents as may be required in connection with the offering, purchase, sale, issuance or delivery of the Placement Shares, (iii) the preparation, issuance and delivery of the certificates, if any, for the Placement Shares to Cowen, including any stock or other transfer taxes and any capital duties, stamp duties or other duties or taxes payable upon the sale, issuance or delivery of the Placement Shares to Cowen, (iv) the fees and disbursements of the counsel, accountants and other advisors to the Company, (v) the fees and expenses of the transfer agent and registrar for the Common Stock, (vi) the filing fees incident to any review by FINRA of the terms of the sale of the Placement Shares, and (vii) the fees and expenses incurred in connection with the listing of the Placement Shares on the NASDAQ.

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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise specified in this Agreement, all costs and expenses, including all taxes, fees instituted by a Governmental Authority or fees and disbursements of counsel, financial advisors and accountants, incurred in connection with this Agreement and the transactions contemplated by this Agreement shall be borne by the Party incurring such costs and expenses.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall at all times own or otherwise have rights to use all IP Rights that are reasonably necessary for the operation of its business and the management and administration of all of the Collateral, without conflict with the rights of any other Person. The Borrower shall at all times own and/or have rights to use and maintain in good operating condition information systems and operational support systems that are reasonably necessary for the operation of its business and the management and administration of all of the Collateral.

assistant: Intellectual Property
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 authorization, execution, delivery and performance by the Company of this Agreement and the Related Agreements to which it is a party, and the completion by the Company of the transactions contemplated hereby and thereby, including the issuance of the Shares, do not and will not: (i) violate, conflict with or result in the breach of any provision of the Certificate of Incorporation or By-Laws or violate any provision of Law applicable to the Company or its Subsidiaries or any of their respective properties or assets; or (ii) with such exceptions as would not, individually or in the aggregate, be reasonably expected to have a Material Adverse Effect, whether after the giving of notice or the lapse of time or both: (a) result in the creation of any Lien upon any asset of the Company or its Subsidiaries or the suspension, revocation, material impairment, forfeiture or nonrenewal of any franchise, permit, license or other right granted by a Governmental Entity to the Company or its Subsidiaries; or (b) violate any of the terms of, constitute a breach of, or default under, or result in or permit the cancellation, termination or acceleration of any bond, debenture, indenture, credit agreement, note or any other evidence of indebtedness, or any agreement, stock option or other similar plan, lease, mortgage, deed of trust or other instrument (including any material contract of the Company of the type described in the first sentence of Section 3.13 ) to which the Company or any of its Subsidiaries is a party, by which the Company or any of its Subsidiaries is bound, or to which any of the properties or assets of the Company or any of its Subsidiaries is subject.

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 legal provision and list the applicable contract clause categories. Provision: No law or regulation shall be applicable in the reasonable judgment of the Lenders that restrains, prevents or imposes material adverse conditions upon the Transactions or this Agreement. All requisite governmental authorities and third parties shall have approved or consented to the Transactions and the other transactions contemplated hereby to the extent required (without the imposition of any materially burdensome condition or qualification in the reasonable judgment of the Lenders) and all such approvals shall be in full force and effect. The Transactions shall be in compliance with all applicable laws and regulations.

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: arising out of the same criminal episode for traveling to meet a minor under section 847.0135(4)(a), Florida Statutes (2013), and unlawful use of a two-way com-njunications device under section 934.215, Florida Statutes (2013), violate double jeopardy. Holt v. State, No. 5D14-3269, 173 So.3d 1079, 2015 WL 4768997 (Fla. 5th DCA Aug. 14, 2015). Furthermore, our sister courts have recently determined that, when the charged conduct arises out of. the same criminal episode, a charge for unlawful use of a two-way communications device under section 934.215 is subsumed within a charge of solicitation under section 847.0135(3) and subsumed within a charge of travelling to meet a minor after solicitation under section 847.0135(4). Hamilton v. State, 163 So.3d 1277, 1279 (Fla. 1st DCA 2015) (<HOLDING>); Mizner v. State, 154 So.3d 391, 399 (Fla. 2d Options: A. recognizing that an indictment must contain the elements of the offense charged fairly inform a defendant of the charge and enable the defendant to plead double jeopardy as a defense in a future prosecution for the same offense B. holding that two offenses are separate for the purposes of 4a12a1 where all the elements of the first offense occurred before any activity forming the basis of the second offense C. holding that when state charges defendant with both unlawfully using twoway communications device and traveling during same time period state charges single criminal episode regardless of whether evidence could support finding of separate criminal episodes and double jeopardy considerations require that communications charge be subsumed within traveling charge D. holding that the offense of unlawful use of a twoway communications device does not contain any elements that are distinct from the offense of traveling to meet a minor E. holding that for conduct arising out of the same criminal episode the elements for the offense of unlawful use of a twoway communications device are subsumed within the soliciting and traveling offenses

assistant: The best answer is D. holding that the offense of unlawful use of a twoway communications device does not contain any elements that are distinct from the offense of traveling to meet a minor
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: accordingly , only those liability and other limitations which are lawful in your jurisdiction ( if any ) will apply to you and our liability is limited to the maximum extent permitted by law .

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: and the later developments arising from the contact with Bob Hughes’s employer by Region VII Agency’s lawyers “comprise but one case.” Although section 1367(a) permits the joinder of co-plaintiffs whose claims are related and form the same case and controversy, see Monroe v. Brown, 256 F.Supp.2d 1292 (D.Ala.2003) (finding supplemental jurisdiction over co-plaintiff husband’s claims for loss of consortium where the court had original jurisdiction over wife’s personal injury claim), when a co-plaintiff seeks to join a lawsuit with a freestanding, independent claim that is based on new legal theories and additional, unrelated facts, he must establish an independent basis for subject matter jurisdiction. See Siegel v. Consol. Edison, Inc., 318 F.Supp.2d 176, 178-79 (S.D.N.Y.2004) (<HOLDING>). Bob Hughes’s claims are separate from those Options: A. holding that the trial court had subject matter jurisdiction over a commonlaw wrongful discharge claim B. holding that the court had no jurisdiction over an alleged breach of a plea agreement C. holding that the superior court had no jurisdiction over the division of marital property when the district court had properly invoked jurisdiction over the property D. holding that court had no supplemental jurisdiction over claim by shareholder for breach of merger agreement that was the subject of the dispute between the merger partners over which the district court had subject matter jurisdiction E. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties

assistant: The best answer is D. holding that court had no supplemental jurisdiction over claim by shareholder for breach of merger agreement that was the subject of the dispute between the merger partners over which the district court had subject matter jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If, during his employment with the Company, Executive shall, in the opinion of an independent physician selected by agreement between the Board and Executive, become so physically or mentally incapacitated that he is unable to perform the duties of his employment for a continuous period of six (6) consecutive full months (a “ Disability ”), then the Company shall have the right to terminate Executive’s employment hereunder in accordance with the provisions of Sections 10(a)(ii) and 10(d)(ii).

assistant: Disability
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: Equitable Lien/Constructive Trust The Defendants argue that the Trustee failed to adequately allege a claim for an equitable lien or constructive trust relating LTG Foundation, TLG, IF MIS, Infíservice, TL2, Grupo IF, and PIMC. The Court agrees, as the Amended Complaint fails to include sufficient factual allegations, accepted as true at this stage of the proceedings, demonstrating that the Trustee is entitled to the relief he seeks in this Count. Accordingly, the Motion is granted with respect to Count V of the Amended Complaint ut rather, a case creating an equitable remedy. See Dania Jai-Alai Palace, Inc. v. Sykes, 450 So.2d 1114, 1118 (Fla. 1984) discussing Levenstein v. Sapiro, 279 So.2d 858 (Fla. 1973). The Trustee also cited In re Checiek, 492 B.R. 918 (Bankr. M.D. Fla. 2013) (<HOLDING>); but the Checiek court relied on the Gilbert Options: A. holding injunctive relief appropriate to avoid the unfairness of denying an injunction to a plaintiff on the ground that money damages are available only to confront the plaintiff at a trial on the merits with the rule that the quantification of damages must be based on more than speculation B. recognizing that florida law allows an individual to veil pierce its own corporation but denying the relief on the merits C. recognizing that the district court did not reach the merits D. holding that an order denying a 522f motion is final because it ends the litigation on the merits E. holding that as to factual issues when an ij does not rely on an aliens conviction in denying cat relief and instead denies relief on the merits none of the jurisdictionstripping provisions apply to divest this court of jurisdiction ellipsis in original internal quotation marks omitted

assistant: The best answer is B. recognizing that florida law allows an individual to veil pierce its own corporation but denying the relief on the merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 10. Either Party may terminate this Agreement at will by written notice to the other Party and, if not terminated earlier, shall terminate automatically one (1) year from the Effective Date, except the obligations of use and confidentiality pursuant to Sections 2 shall continue for a period of two (2) years from the Effective Date,

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the stresses of the Coldwater position does not in this case license a reasonable inference that he perceived her to be unable to fill supervisory positions more broadly. See Chandler v. City of Dallas, 2 F.3d 1385, 1393 (5th Cir.1993) (“An employer’s belief that an employee is unable to perform one task ... does not establish per se that the employer regards the employee as having a substantial limitation on his ability to work in general.”). The summary-judgment record reasonably supports at most an inference that Windly was regarded as unable to perform a relatively narrow range of particularly demanding managerial jobs. That kind of perceived limitation does not rise to the level of a “substantially limiting” (i.e., disabling) condition under the ADA. See Bridges, 92 F.3d at 334 (<HOLDING>); see also Ryan v. Grae & Rybicki, P.C., 135 Options: A. holding that reproduction is not a major life activity B. recognizing sleeping as major life activity C. holding that disqualification from an especially traumatic occupation does not constitute a substantial limitation on the major life activity of working D. holding that whether depression gives rise to a substantial limitation on a major life activity for purposes of ada depends on its severity E. holding that a perceived impairment that prevented the plaintiff from successfully applying for a position as a police officer for the city of new york did not constitute a substantial limitation of a major life activity

assistant: The best answer is C. holding that disqualification from an especially traumatic occupation does not constitute a substantial limitation on the major life activity of working
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: a finding that [the defendants] were participants in a conspiracy to operate a lottery and to conceal that operation from local law enforcement agencies,” there was “no warrant for a finding that they were ... parties to a conspiracy with [the charged] purpose” of evading the payment of federal taxes on lottery operators); Teffera, 985 F.2d at 1087 (noting that courts have found that, although evidence "may be probative of [a] defendant’s knowledge that he was ‘caught up in a situation involving criminal activity,' ” that is "not sufficient to show that [the] defendant knew of the specific conspiracy charged by the government” (quoting United States v. Nusraty, 867 F.2d 759, 765 (2d Cir.1989))); cf. United States v. Stanchich, 550 F.2d 1294, 1300 (2d Cir.1977) (Friendly, J.) (<HOLDING>). 5 . See United States v. Dellosantos, 649 Options: A. recognizing both aiding and abetting breach of fiduciary duties and aiding and abetting conversion B. holding that mere negative acquiescence in the criminal conduct of others even with guilty knowledge is not sufficient to establish aiding and abetting C. holding it was not a surprise or unfair to the defendant for the state to pursue a theory of aiding and abetting at trial when the charging document did not refer to aiding and abetting D. recognizing aiding and abetting conversion E. recognizing aiding and abetting trespass

assistant: The best answer is B. holding that mere negative acquiescence in the criminal conduct of others even with guilty knowledge is not sufficient to establish aiding and abetting
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 the Confidentiality and Proprietary Rights Agreement and the Retention Plan incorporated herein by reference together constitute the entire agreement between the parties in respect of the subject matter contained herein and therein and supersede all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, including, without limitation, any employment agreement or offer letter executed by the Company and Executive in effect prior to the Effective Date. This Agreement may be amended or modified only with the written consent of Executive and an authorized representative of the Company. No oral waiver, amendment or modification will be effective under any circumstances whatsoever. Notwithstanding the foregoing or anything herein to the contrary, although severance provided under the Executive’s Severance Agreement made by and between the Company and the Executive effective as of December 1, 2016 (the “ Severance Agreement ”) may offset severance provided hereunder (as specified in Section 3(a)(v)), the Severance Agreement is outside the scope of the foregoing integration provision and shall continue in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 875 (S.D.N.Y.1994); Steeples v. Time Ins. Co., 139 F.R.D. 688, 693-94 (N.D.Okla.1991); McDonald v. Artcraft Electric Supply Co., 774 F.Supp. 29, 35 (D.D.C.1991); International Union, United Automobile, Aerospace and Agricultural Implement Workers of Am. v. Midland Steel Prods. Co., 771 F.Supp. 860, 865 (N.D.Ohio 1991); Vicinanzo v. Brunschwig & Fils, Inc., 739 F.Supp. 882, 885 (S.D.N.Y.1990); Blue Cross & Blue Shield of Alabama v. Lewis, 753 F.Supp. 345 (N.D.Ala.1990); Weber v. Jacobs Mfg. Co., 751 F.Supp. 21 (D.Conn.1990). 10 . This presupposes that Congress can limit a court’s ability to fashion a relief under a statutorily created cause of action. See Spinelli v. Gaughan, 12 F.3d 853, 858 (9th Cir.1993); cf., McDonald v. Artcraft Electric Supply Co., 774 F.Supp. 29, 35 (D.D.C.1991) (<HOLDING>). The Court agrees with the Ninth Circuit and Options: A. holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury B. holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right C. holding that there is no constitutional right to appeal a criminal conviction D. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights E. holding right to testify was federal constitutional right

assistant: The best answer is A. holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury
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 defendant knows to be otherwise illegal, while in the case of entrapment by estoppel, because of the statements of an official, the defendant believes that his conduct constitutes no offense. See 53 Am.Jur. Proof of Facts 3d 249 Proof of Defense of Entrapment by Estoppel § 20 (1999). Neither defense implicates the defendant’s mens rea, except in the rare case in which mistake of law negates the required mental state of the offense. In such case the defense of entrapment by estoppel also could constitute a failure of proof "defense” because the government agent's misstatement of the law would lead the defendant to believe that there was nothing criminal about his conduct under any circumstances. See generally Cox v. Louisiana, 379 U.S. 559, 571, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965) (<HOLDING>); Raley v. Ohio, 360 U.S. 423, 437-39, 79 S.Ct. Options: A. holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment B. holding that the state police is a state agency C. holding that appellants fourteenth amendment due process claim did not require reversal where they failed to show that they were prejudiced D. holding that it would offend due process to permit the state to sanction individuals from demonstrating in an area where police told them they could hold their demonstration E. holding that the denial of the motions for summary judgment precludes a sanction on the ground that the claims against them were legally insufficient and that a sanction is generally improper where a successful motion could have avoided any additional legal expenses by defendants emphasis in original

assistant: The best answer is D. holding that it would offend due process to permit the state to sanction individuals from demonstrating in an area where police told them they could hold their demonstration
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 holding over and the continuing payment and acceptance of the agreed-upon rent creates a presumption that the lessee has effectively exercised an option to extend a lease that does not require the lessee to give notice of its decision to extend the lease — was then and continues to be the prevailing view. Carder, Inc. v. Cash, 97 P.3d 174, 181 (Colo.Ct.App.2003); Corthouts v. Conn. Fire Safety Servs. Corp., 2 Conn.Cir.Ct. 34, 193 A.2d 909, 912 (1963); Head v. Scanlin, 258 Ga. 212, 367 S.E.2d 546, 548 (1988); Sanders v. Middleton, 112 Me. 433, 92 A. 488, 489 (1914); Straus v. Shaheen, Inc., 310 Mass. 646, 39 N.E.2d 573, 574 (1942); Enter. Co. v. Americom Corp., 1 Neb.App. 1125, 510 N.W.2d 537, 540-41 (1993); Coulter v. Capitol Fin. Co., 266 N.C. 214, 146 S.E.2d 97, 100-01 (1966) (<HOLDING>); Kearney v. Hare, 265 N.C. 570, 144 S.E.2d Options: A. holding that where the rent payments during the original and extended terms were the same the lessees payment of rent and continued occupation of the leased premises standing along was insufficient to establish that they had exercised their option to renew the lease for an additional term B. holding that increase in rent combined with friction between tenant and landlord does not establish claim under fair housing act C. holding that a landlord has a duty of reasonable care over common areas or other areas over which the landlord has retained control D. recognizing that the burden is on the landlord in a lease dispute to establish that the lease contract had been breached and that such breach entitled the landlord to the possession of the property in question E. holding over and paying the increased rent showed an intent to exercise the option and acceptance by landlord waived notice

assistant: The best answer is E. holding over and paying the increased rent showed an intent to exercise the option and acceptance by landlord waived notice
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: County Jail officers’ alleged unconstitutional actions, his liability must be based on something more than the theo L.Ed.2d 461 (1991). “The inquiry into causation must be a directed one, focusing on the duties and responsibilities of each ... individual defendant] whose acts or omissions are alleged to have resulted in a constitutional deprivation.” Williams v. Bennett, 689 F.2d 1370, 1381 (11th Cir.1982), cert. denied, 464 U.S. 932, 104 S.Ct. 335, 78 L.Ed.2d 305 (1983). See also Swint v. City of Wadley, 5 F.3d 1435, 1446-47 (11th Cir.l993)(finding liability where sheriff was on notice of prior similar incident, thus inferring notice), vacated 514 U.S. 35, 115 S.Ct. 1203, 131 L.Ed.2d 60 (1995)(vacated for lack of jurisdiction); Rivas v. Freeman, 940 F.2d 1491, 1495 (11th Cir.l991)(<HOLDING>); Kerr v. City of West Palm Beach, 875 F.2d Options: A. holding sheriff liable for inter alia failing to properly investigate possible battery B. holding no liability existed under the circumstances C. holding summary judgment appropriate where plaintiff failed to establish product identification D. holding a sheriff could not be liable for implementing county policies where no underlying violation of decedents rights had occurred E. holding supervisory liability existed where sheriff failed to establish policies regarding accurate identification of suspects and where sheriff knew of prior instances of mistaken identity

assistant: The best answer is E. holding supervisory liability existed where sheriff failed to establish policies regarding accurate identification of suspects and where sheriff knew of prior instances of mistaken identity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or promises of leniency or other benefits.” Green v. Scully, 850 F.2d 894, 901-02 (2d Cir.1988); see also Nelson v. Walker, 121 F.3d 828, 833 (2d Cir.1997) (same); Villafane v. Artus, No. 09-CV-5545, 2011 WL 6835029, at *40 (E.D.N.Y. Nov. 17, 2011) (same). Here, taking the following disputed facts in a light favorable .2d 896, 898, 902 (2d Cir.1975) (reversing decision that confession was voluntary and remanding for a hearing where defendant was a twenty-two-year-old man with a ninth grade education, who was “arrested in questionable circumstances, questioned all night, denied sleep and food, deceived by false promises of help and completely deprived of the support of counsel or friends until he confessed”); Quartararo v. Mantello, 715 F.Supp. 449, 452, 459-60 (E.D.N.Y.1989) (<HOLDING>). In reaching this conclusion, the Court also Options: A. holding that the state courts determination that petitioner was not in custody was not unreasonable under aedpa where the petitioner voluntarily went to the police station was interviewed by three police officers and one polygraph examiner was deceitfully told that another man had implicated him in a murder and was questioned for four hours before being advised of his miranda rights B. holding that rule of completeness did not apply where statements made at the scene and the statement made at the police station were distinct and not part of one confession C. holding that agee applies only where defendant has alleged that his confession was induced by threats or promises D. holding that statement to police made thirtysix hours after a different statement to police was not part of one confession and not admissible under the rule of completeness E. holding that confession was involuntary where suspect was a few days short of his sixteenth birthday was questioned for at least four hours prior to his first confession and was not accompanied by counsel friends or family where defendants made no showing that petitioner acted coolly or callously during questioning or that he had past experiences with the police and where police made promises of leniency

assistant: The best answer is E. holding that confession was involuntary where suspect was a few days short of his sixteenth birthday was questioned for at least four hours prior to his first confession and was not accompanied by counsel friends or family where defendants made no showing that petitioner acted coolly or callously during questioning or that he had past experiences with the police and where police made promises of leniency