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: birth to a child who could possibly be afflicted with a physical abnormality. There is sufficient evidence in the record of this case to enable a jury to make that determination. In addition, in establishing proximate cause for wrongful birth, plaintiffs must show that the resulting birth defect was reasonably foreseeable, that is, not too remote in relation to defendants’ negligence, and that had defendants not been negligent, the pregnancy would have been terminated. See, e.g., Berman, supra, 80 N.J. at 426, 404 A.2d 8 (imposing liability for wrongful birth on premise that proximate cause was met where plaintiff, once notified that her child, if born, would have been afflicted with Down’s Syndrome, would have terminated pregnancy); Haymon v. Wilkerson, 535 A.2d 880, 882 (D.C.1987) (<HOLDING>); Proffitt v. Bartolo, 162 Mich.App. 35, 412 Options: A. holding that plaintiff must establish that had she learned of impairment during her pregnancy she would have terminated pregnancy B. holding appellant produced no evidence that when she made her complaints to management she ever mentioned that she felt she was being treated unfairly due to her race or sex C. holding infertility is a pregnancy related condition where plaintiff claimed she was terminated because she took time off work to undergo in vitro fertilization D. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination E. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired

assistant: The best answer is A. holding that plaintiff must establish that had she learned of impairment during her pregnancy she would have terminated pregnancy
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: Without limitation of Section 7.4(e) hereof, if a Party with the right to initiate legal proceedings under this Section 7.5(d) lacks standing to do so (or lacks the right under the BPCIA to do so) and the other Party has standing (or the sole right under the BPCIA) to initiate such legal proceedings, such Party with standing shall initiate such legal proceedings at the request and expense of the other Party.

assistant: Cooperation
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: unlawfully, serve only violent purposes.” See U.S. Sentencing Guidelines Manual app. C, Amend. 674 (2004). 9 . Although we may depart from the categorical approach and look behind a state conviction in federal sentencing to a limited extent in the situation where the judgment of conviction and the statute are ambiguous, Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 1258, 1263, 161 L.Ed.2d 205 (2005), the government has not explained either why the relevant statutes are ambiguous, or how such a review would produce a different result. Indeed, as Davila-Rodriguez contends, his charging documents for his Article 7 conviction are not relevant because he originally was charged with committing an Article 8 violation. See United States v. Spell, 44 F.3d 936, 940 (11th Cir.1995) (<HOLDING>). Furthermore, because the statutes are not Options: A. holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime B. holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted C. holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder D. holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction E. holding that there was no jurisdictional defect when the language of the charging document tracked the statutory language even though the facts proffered at the plea hearing were insufficient to establish that the defendant committed the crime

assistant: The best answer is B. holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in favor of the Federal Maritime Board in the context of federal claims); Western Pac. R.R. Co., 352 U.S. at 63-64, 77 S.Ct. 161 (applying the doctrine in favor of the Interstate Commerce Commission in the context of federal claims); In re Long Distance Telecommunications Litigation, 831 F.2d 627, 631-32, 634 (6th Cir.1987) (applying the doctrine in favor of the Federal Communications Commission in the context of federal claims). In County of Suffolk v. Long Island Lighting Co., the United States Second Circuit Court of Appeals held that, subject to a narrow exception, the primary-jurisdiction doctrine does hot apply in favor of a state administrative agency where there is a federal claim at issue and where there are no competing federal forums. 907 F.2d 1295, 1310 (2d Cir.1990) (<HOLDING>). The Second Circuit chiefly reasoned that the Options: A. holding that courts have consistently treated a license or permit denial pursuant to a state or federal administrative scheme as an article iii injury B. holding that the exception applies where a state administrative agency operates pursuant to a federal legislative scheme C. holding that the power of any administrative agency to reconsider its final decision exists only where the statutory provisions creating the agency indicate a legislative intent to permit the agency to carry into effect such power D. holding that the state police is a state agency E. holding 2254 applies to administrative proceedings

assistant: The best answer is B. holding that the exception applies where a state administrative agency operates pursuant to a federal legislative scheme
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: to a decision not to designate critical habitat. But the statute cannot be read to say that the FWS is ever obligated to exclude habitat that it has found to be essential. Such a decision is always discretionary and the statute “provides absolutely no standards that constrain the Service’s discretion” not to exclude, unlike the statute reviewed in Amador County, which cab-ined the agency’s discretion to disapprove compacts to a set of specified conditions. See Conservancy of Sw. Fla. v. U.S. Fish and Wildlife Serv., 677 F.3d 1073, 1084, n. 16 (11th Cir.2012) (distinguishing Amador County and finding that the use of the word “may” in another section of the ESA precludes the review of an agency’s exercise of discretion); see also Ekimian v. INS, 303 F.3d 1153, 1159 (9th Cir.2002) (<HOLDING>). Accordingly, we affirm the district court’s Options: A. holding that such a threat would not supply exceptional circumstances B. holding that where the board of immigration is permitted to reopen proceedings in exceptional circumstances its decision not to reopen a case is unreviewable because there are no statutory regulatory or caselaw definitions of exceptional circumstances and thus no manageable standard to apply on review C. holding the court should only apply the doctrine narrowly and only under exceptional circumstances D. holding hardship is discovered in the rare case based on exceptional circumstances E. holding in the absence of exceptional circumstances deference should be given to trial court

assistant: The best answer is B. holding that where the board of immigration is permitted to reopen proceedings in exceptional circumstances its decision not to reopen a case is unreviewable because there are no statutory regulatory or caselaw definitions of exceptional circumstances and thus no manageable standard to apply on review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms and provisions of this Agreement (including the Exhibits hereto, which are hereby incorporated by reference herein) constitute the entire agreement between the Trustee and the other parties hereto with respect to the subject matter hereof. The actions of the Trustee shall be governed solely by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Facsimile transmission of any signed original document and/or retransmission of any signed facsimile transmission will be deemed the same as delivery of an original. At the request of either Party, the other Party shall reexecute an original of this document and deliver it to the requesting Party. This Agreement may be executed in separate counterparts, each of which is deemed to be an original and all of which taken together constitute one and the same agreement. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation of a contract and each such party forever waives any such defense.

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: Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Canadian Primary Obligations made by the Administrative Agent or any Lender may be rescinded by the Administrative Agent or such Lender and any of the Canadian Primary Obligations continued, and the Canadian Primary Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Administrative Agent or any Lender, and the Credit Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Administrative Agent (or the Required Lenders or all Lenders, as the case may be) may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Administrative Agent or any Lender for the payment of the Canadian Primary Obligations may be sold, exchanged, waived, surrendered or released. Neither the Administrative Agent nor any Lender shall have any obligation to protect, secure, perfect or insure any Lien at any time held by it as security for the Canadian Primary Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

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 may be amended, modified or supplemented only by a written agreement executed and delivered by duly authorized officers of both ARL and ARI or their applicable successors in interest. This Agreement may not be amended, modified or supplemented except as provided in the immediately preceding sentence and any purported amendment modification or supplement by either party effected in a manner which does not comply with this Section 9.01 shall be void.

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 case excerpt and choose the best holding from the options. Case excerpt: 18 . Id.,n 72-79. 19 . Id., ¶¶ 80-87. 20 . Id.,m 88-95.. 21 . Id., ¶¶ 96-104. 22 . Id., ¶¶ 105-115. 23 . Id., ¶¶ 116-126. 24 . Id., ¶¶ 127-136. 25 . Id., ¶¶ 137-143. 26 . Id., ¶¶ 144-153. 27 . Id., ¶¶ 154-170. 28 . Id., «171-177. 29 . Petition, ¶ 7. 30 . Id. 31 . Request for Judicial Notice in Support of Petitioner CarMax’s Opposition to Motion to Dismiss ("RJN”), Docket No. 14 (Feb. 25, 2015). 32 . RJN at 1. 33 . MTD Opposition at 7-8. 34 . MTD Reply at 4. 35 . Petition at 1. 36 . Petition, ¶ 3. 37 . Petition, ¶ 3; see also Complaint at 29. 38 . The petition adequately alleges Hernandez's and CarMax's respective citizenship. An individual like Hernandez is a citizen of the state in which he or she is domiciled. See Gilbert v. David, 235 U.S. 561, 569, 35 S.Ct. 164, 59 L.Ed. 360 (1915) (<HOLDING>); Kanter v. Warner-Lambert Co., 265 F.3d 853, Options: A. holding that the district court did not err in failing to address the defendant personally to determine whether she understood the rights she was waiving by admitting that she violated the conditions of her probation B. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired C. holding appellant produced no evidence that when she made her complaints to management she ever mentioned that she felt she was being treated unfairly due to her race or sex D. holding that a person is a citizen of the state in which she has her domicile ie a permanent home where she intends to remain or to which she intends to return E. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination

assistant: The best answer is D. holding that a person is a citizen of the state in which she has her domicile ie a permanent home where she intends to remain or to which she intends to return
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: Pursuant to the Purchase Agreement, concurrently herewith, Buyer is purchasing the Purchased Assets from Seller. In accordance with and subject to the terms and conditions set forth in the Purchase Agreement, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller does hereby irrevocably sell, assign, bargain, transfer, convey and deliver unto Buyer all of its right, title, and interest in and to the Purchased Assets.

assistant: Sales
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 litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened in writing by or against any Group Member or against any of their respective properties or revenues that would reasonably be expected to have a Material Adverse Effect (taking into account reserves made or the benefit of warranties, indemnities or insurance coverage in respect thereof).

assistant: Litigations
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, demands and requests that any party is required or elects to give to any other party shall be given in accordance with the provisions of Section 12.01 of the Credit Agreement, and if given (i) to the Administrative Agent, shall be given to it at its address specified in the Credit Agreement or as otherwise specified by the Administrative Agent in writing, and (ii) to any Pledgor shall be given to it the address specified in the Credit Agreement for such Pledgor or as otherwise specified by such Pledgor 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 legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company shall sell, and the Purchasers, severally and not jointly, shall purchase, up to an aggregate of $13,250,000 of Shares and Warrants. Each Purchaser shall deliver to the Company, via wire transfer, immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and the Company shall deliver to each Purchaser its respective Shares and a Warrant, as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of Company Counsel or such other location as the parties shall mutually agree.

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: to become an endangered species within the foreseeable future throughout all or a significant portion of its range.” 16 U.S.C. § 1532(6, 20). The term “species” includes “any subspecies of fish or wildlife or plants, and any distinct population segment of any species of vertebrate fish or wildlife which interbreeds when mature.” Id. § 1532(16). The term “distinct population segment” (“DPS”) is not defined in the ESA, but has been interpreted in a 1996 joint policy issued by FWS and the National Marine Fisheries Service (“NMFS”). See Policy Regarding the Recognition of Distinct Vertebrate Population Segments Under the Endangered Species Act (“DPS Policy”), 61 Fed.Reg. 4722 (Feb. 7, 1996); see also Nw. Ecosystem Alliance v. U.S. Fish & Wildlife Serv., 475 F.3d 1136, 1145 (9th Cir.2007) (<HOLDING>). The DPS Policy identifies three elements to Options: A. holding that claim construction is an issue of law for the court not a question of fact for the jury B. holding that claim construction is a matter of law for the court to determine C. recognizing that a clause in an insurance policy was susceptible to a construction in favor of the insured but that such a construction would be unreasonable absurd and produce results never intended or contemplated by the parties D. holding that review of the construction of a sentencing statute is de novo E. holding that the dps policy is a reasonable construction of distinct population segment

assistant: The best answer is E. holding that the dps policy is a reasonable construction of distinct population segment
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: At the Closing to occur as of the Closing Date, the Company shall pay on behalf of the Buyer or reimburse the Buyer for its legal fees and expenses incurred in connection with this Agreement, pursuant to the disbursement authorization signed by the Company of even date. Each party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.

assistant: Further Assurances
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: ISC v. Rittenhouse, CV-98-0493-S-MHW (D.Idaho 1999) ("Ritten-house I "). While there is a similarity of legal theories in the two cases, Rittenhouse I concerned different timber sales. Ritten-house I challenged the Roberts Gulch, Prince John, Paradise, Myrtle Creek, and Mack Pine timber sales, which are located in different areas of the Forest than the sales at issue here. With the exception of the Prince John sale, the sales in Ritten-house I were located in entirely different management areas of the Forest. The Lightning Ridge and Long Prong areas present their own unique factual issues relating to the management of old growth habitat. Hence, the claims presented in Rittenhouse I are not identical to the claims presented here. See Hiser v. Franklin, 94 F.3d 1287, 1292 (9th Cir. 1996) (<HOLDING>). 2. Administrative Exhaustion The Options: A. holding that the issue of waiver requires an analysis of the specific facts in each case B. holding that claim preclusion did not apply even though the legal theory at issue in that case was addressed in a previous case because the case at issue was based on a different set of operative facts C. holding previous case when no one challenged the issue could not be precedent on the issue D. holding that previous legal ruling granting certiorari was law of the case in subsequent proceedings E. holding a prior case was not precedent on an issue when the issue was not contested

assistant: The best answer is B. holding that claim preclusion did not apply even though the legal theory at issue in that case was addressed in a previous case because the case at issue was based on a different set of operative facts
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: There are no civil, criminal or administrative actions, suits, claims, hearings, investigations, arbitrations, or proceedings pending or threatened against the Purchaser (or any of its affiliates) preventing, or which, if determined adversely to the Purchaser (or any such affiliate) would prevent the Purchaser (or any such affiliate) from consummating the transactions contemplated by this Agreement.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 404 U.S. 23 92 S.Ct. 181 30 L.Ed.2d 143 Irving J. ENGELMAN et al.v.Carolyn AMOS et al. No. 70—33. Nov. 9, 1971. PER CURIAM. 1 The motion of appellee Amos for leave to proceed in forma pauperis is granted. 2 A three-judge District Court, Mr. X v. McCorkle, 333 F.Supp. 1109 has enjoined New Jersey officials from enforcing a state regulation applicable to payments under the federally financed program for Aid to Families With Dependent Children. Title IV of the Social Security Act of 1935, 49 Stat. 627, as amended, 42 U.S.C. §§ 601—610. 3 The regulation in question, § 615 of the New Jersey Categorical Assistance Budget Manual, would deny AFDC benefits to the extent that a family's 'total available adjusted income,' calculated without deduction for the 'income disregards' specified by § 402(a)(8) of the federal Act, 42 U.S.C. § 602(a)(8), exceeds a ceiling specified by the State. The regulation is challenged on the grounds (1) that it is in conflict with § 402(a)(8), and (2) that it fails to provide that, in the calculation of earned family income which is to be compared with the § 615 ceiling, a stepfather's earnings are not to be taken into account unless they are 'actually available' for the current use of the dependent child, 45 CFR § 233.20(a)(3)(ii). It was also suggested in the proceedings below that § 615.5 of the state regulation conflicts with § 406(b) of the federal Act, 42 U.S.C. § 606(b), when it authorizes payments directly to vendors who provide goods or services to beneficiaries. 4 The District Court upheld the challenge on all three grounds. Judgment was entered enjoining the enforcement of § 615 'insofar as it violates the federal statute' and ordering that New Jersey 'revise the regulation to conform to the federal statute.' The state officials appeal. 5 The appellants and also the United States, in its amicus curiae brief, appropriaely point out that there is nothing in the federal statute that prohibits a State from making vendor payments so long as they are made from state funds without federal matching. The statute, § 406, merely does not provide for reimbursement to the State for payments of that kind. We agree with these observations by the appellants and the amicus, and thus disagree with the District Court's conclusion with respect to direct payments insofar as those payments are made entirely with state funds not reimbursable under § 406 of the federal Act. With this limitation in the application of its general language, the judgment of the District Court is affirmed. 6 Affirmed.

assistant: 2
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 (a) by 9:00 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. The Company shall file the Prospectus by 5:30 p.m. (New York City time) on the second Trading Day immediately following the date hereof. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release and filing of the Form 8-K and the Prospectus, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

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 case excerpt and choose the best holding from the options. Case excerpt: to "Community Alternatives” in this opinion. 2 .This court affirmed the trial court’s ruling that Ms. Monroe's claim was preempted. Byrd v. VOCA Corp. of Washington, D.C., 962 A.2d 927, 929-30, 934-35 (D.C.2008). 3 . Community Alternatives had argued in Byrd I that Ms. Quarles and Ms. Byrd could "show neither the clear mandate of public policy nor a close fit between any such policy and the conduct involved in the alleged wrongful termination,” but this court determined that "we need not, and do not resolve these questions.” Id. at 934. 4 . Although the tort originally applied to at-will employees, this court held in Byrd I that it also applied to contract employees like Ms. Quarles and Ms. Byrd. 962 A.2d at 931-34; see also infra note 6. 5 . See, e.g., Fingerhut, 738 A.2d at 803-07 (<HOLDING>); Washington v. Guest Servs., Inc., 718 A.2d Options: A. holding that plaintiff had sufficiently pled requisite public policy and a close fit where he alleged that his company had fired him after he filed a statutorily authorized lawsuit meant to protect employees against employers who illegally deducted money from their paychecks B. holding that because the contract between the hospital and the health insurance company had a hold harmless provision which stated the hospital would not bill or hold insurance subscribers liable for any hospital expenses covered by the subscribers insurance contract and all expenses from the patients treatment for the automobile accident were covered in such contract there was no debt upon which the hospital could assert a lien pursuant to the states hospital lien statute C. holding that plaintiff director of security for a hospital had sufficiently pled requisite public policy and a close fit where he asserted that a hospital fired him for reporting to law enforcement that a hospital administrator bribed a public official D. holding that a nonprofit hospital may not be a local public entity entitled to utilize the act and its oneyear limitations period if the hospital was not found to have conducted public business E. holding that where hospital used balance billing that since the hospital had already received payments from the patient and his health insurer and had agreed to accept that amount as payment in full for its services there was no longer any amount owing to the hospital and thus it could not assert a statutory hospital lien for the difference between its charges and the amount received in light of the negotiated network agreements

assistant: The best answer is C. holding that plaintiff director of security for a hospital had sufficiently pled requisite public policy and a close fit where he asserted that a hospital fired him for reporting to law enforcement that a hospital administrator bribed a public official
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: could perform similar work for other companies. Thus, in the Court’s view, the manner and means factor weighs in favor of finding that the Plaintiff was an independent contractor. b.Skill Required The Plaintiff admits that there is a certain level of skill needed to perform the work he does. The Plaintiff also acknowledges that, for type of work he does, he must have a commercial driver’s license. To obtain this license, the Plaintiff had to participate in a special driving course and passing a test. Although the Court does not deem the skill required for the Plaintiffs work to be unusually high, it nevertheless requires training and calls for the exercise of independent judgment. See, e.g., Wadler v. E. College Ath. Conf., No. 00 Civ. 5671(JSM), 2003 WL 21961119, at *3 (S.D.N.Y.2003) (<HOLDING>). Thus, this factor weighs in favor of finding Options: A. holding that a baseball umpire is a skilled worker whose job performance requires training and the exercise of independent judgment B. holding that statements did not stigmatize employee because they concerned competency and job performance C. holding that ems training lieutenants position met criteria because the lieutenants developed coordinated implemented and conducted ems training programs prepared lesson plans and training aids supervised delivery of training and tests and evaluated new equipment D. holding that controlling ingress and egress of worker and requiring that worker abide by rules of conduct within facility is insufficient to establish employment relationship for title vii purposes E. holding employer discipline and written and verbal criticism of employees job performance not extreme and outrageous

assistant: The best answer is A. holding that a baseball umpire is a skilled worker whose job performance requires training and the exercise of independent judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not post or transmit in any manner any contact information including , but not limited to , email addresses , `` instant messenger '' nicknames , telephone numbers , postal addresses , urls , or full names through your publicly posted information .

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: All covenants, representations and warranties made in this Agreement continue in full force until this Agreement has terminated pursuant to its terms and all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been satisfied. The obligation of Borrower in Section 13.2 to indemnify each Lender and Agent shall survive until the statute of limitations with respect to such claim or cause of action shall have run. All powers of attorney and appointments of Agent or any Lender as Borrower's attorney in fact hereunder, and all of Agent's and Lenders' rights and powers in respect thereof, are coupled with an interest, are irrevocable until all Obligations (other than inchoate indemnity obligations and any other obligations which, by their terms, are to survive the termination of this Agreement) have been fully repaid and performed and Agent's and the Lenders' obligation to provide Credit Extensions terminates.

assistant: Survival
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 Lender is hereby authorized by Borrowers to enter and record on the schedule attached hereto (i) the loan number, (ii) the date of each advance made under this Revolving Secured Promissory Note, (iii) the dollar amount of the advance, (iv) the applicable interest rate, (v) interest due on Maturity Date, (vi) each payment and prepayment of any advance thereon, and (vii) date of payment, without any further authorization on the part of Borrowers or any endorser or guarantor of this Revolving Secured Promissory Note; provided , however , that the Lender shall promptly deliver to the Borrowers a copy of this Revolving Secured Promissory Note following the entry of each advance hereunder. The entry of a advance on said schedule shall be prima facie and presumptive evidence of the entered advance and its conditions, absent manifest error. The Lender’s failure to make an entry, however, shall not limit or otherwise affect the obligations of any Borrower or any endorser or guarantor of this Revolving Secured Promissory Note. Borrowers may make prepayments in whole or in part hereunder at any time, provided accrued, but unpaid interest, is paid through the prepayment date. If any payment of principal or interest becomes due on a day on which the Lender is closed, such payment shall be made not later than the next succeeding Business Day (a “ Business Day ” shall be considered to be Monday through Friday from 9am to 5pm local time, excluding weekends and public holidays) and such extension shall be included in computing interest in connection with such payment. All payments by Borrowers on account of principal, interest or fees hereunder shall be made in lawful money of the United States of America, in immediately available funds.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: P. 769, 769 (1923). In this case, Lucero already has accepted payment for her compensatory damages by collecting on the line of credit established by Aladdin. Thus, Lucero has accepted the benefits of the judgment and has waived her right to appeal the compensatory damage award. Lucero argues that she has not waived her right to appeal because her acceptance of the line of credit fits within an exception to the general rule found in Fernandez: “[W]here there is no possibility that the appeal may lead to a result whereby the appellant may recover less than has been received under the judgment appealed from, the right to appeal is unimpaired.” 28 N.M. at 426, 213 P. at 769; see also First Nat'l Bank in Albuquerque v. Energy Equities Inc., 91 N.M. 11, 18, 569 P.2d 421, 428 (Ct.App.1977) (<HOLDING>). Lucero contends that her pain and suffering Options: A. recognizing exception B. recognizing such an exception C. holding that appellant satisfied exception D. recognizing the rule and the exception but holding facts did not support claim to exception E. holding that due process is satisfied where notice is mailed to the wrong address if the appellant received actual notice

assistant: The best answer is C. holding that appellant satisfied exception
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 question of subject matter jurisdiction does not involve the merits of whether A & M must in fact produce documents. Rather, the issue of subject matter jurisdiction concerns only whether federal courts, as opposed to state courts, may require A & M to comply with the subpoena. Cf. Musson Theatrical Inc. v. Federal Express, 89 F.3d 1244, 1252 (6th Cir.1996) (recognizing that federal courts are courts of limited jurisdiction and that powers not given to federal courts by Congress are left to the state courts). 5 . This characterization of Pierce's case does not necessarily make it federal. We have recognized that a claim of tortious interference with a collective bargaining agreement generally lies in state law. See Dougherty v. Parsec, Inc., 872 F.2d 766, 769-70 (6th Cir.1989) (<HOLDING>). 6 .Accordingly, I question whether WJBK is a Options: A. holding section 301 preempted plaintiffs claim for tortious interference with contract because that claim would require interpretation of a collective bargaining agreement B. holding that the lmra preempted plaintiffemployees claim under michigan law for tortious interference with contractual relations breach of contract is an essential element of a tortious interference claim and resolution of such claim would require the court to interpret collective bargaining agreement to determine if that agreement had been breached C. holding that 301 only preempts a state law cause of action based on tortious interference with a labor agreement where courts must interpret the contract to resolve the claim D. holding that state court with jurisdiction over 301 claim should have applied federal labor law rather than state contract law E. holding plaintiffs state law claims of inter alia tortious interference with contract are preempted by section 301 of lmra

assistant: The best answer is C. holding that 301 only preempts a state law cause of action based on tortious interference with a labor agreement where courts must interpret the contract to resolve the claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the appointment and acceptance of a successor Administrative Agent as provided in this Section 8.07 , the Administrative Agent may resign at any time by notifying the Lenders, the Issuing Bank and the Company. Upon any such resignation, the Required Lenders shall have the right, in consultation with the Company, to appoint a successor. If no successor shall have been so appointed by the Required Lenders and shall have accepted such appointment within thirty (30) days after the retiring Administrative Agent gives notice of its resignation, then the retiring Administrative Agent may, on behalf of the Lenders and the Issuing Bank, appoint a successor Administrative Agent which shall be a bank with an office in Tulsa, Oklahoma, or an Affiliate of any such bank. Upon the acceptance of its appointment as Administrative Agent hereunder by a successor, such successor shall succeed to and become vested with all the rights, powers, privileges and duties of the retiring Administrative Agent, and the retiring Administrative Agent shall be discharged from its duties and obligations hereunder. The fees payable by the Borrowers to a successor Administrative Agent shall be the same as those payable to its predecessor unless otherwise agreed between the Borrowers and such successor. After the Administrative Agent’s resignation hereunder, the provisions of this Article and Section 9.03 shall continue in effect for the benefit of such retiring Administrative Agent, its sub-agents and their respective Related Parties in respect of any actions taken or omitted to be taken by any of them while it was acting as Administrative Agent.

assistant: Successors
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 similarity between the products, the greater the likelihood of confusion. Sally Beauty Co., 304 F.3d at 974. With respect to this factor, the court separately considers (1) the similarity of products and (2) the similarity in the manner of marketing the products. Id. In this case, the similarity of products would appear at first blush to weigh strongly in favor of a likelihood of confusion with respect to Motorcycles’ apparel and collectibles because the two product lines are so similar. ’ See Boston Athletic Ass’n v. Sullivan, 867 F.2d 22, 30 (1st Cir.1989) (noting a strong likelihood of confusion existed with respect to similarity in goods where both parties offered shirts and other wearing apparel); cf. Beer Nuts, Inc. v. Clover Club Foods Co., 805 F.2d 920, 926 (10th Cir.1986) (<HOLDING>). But, appropriate recognition must be given to Options: A. recognizing that substantial change is a defense to a products liability claim B. holding that it was not an abuse of discretion to enjoin some products but not others C. recognizing the significance of control in strict products liability D. holding that although the district court recognized confusion based on similarity of products it failed to give proper weight to the virtual identity of the parties products E. recognizing products liability and products actions based on negligence as part of the general maritime law

assistant: The best answer is D. holding that although the district court recognized confusion based on similarity of products it failed to give proper weight to the virtual identity of the parties products
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: booking.com exclusively retains ownership of all rights , title and interest in and to ( all intellectual property rights of ) ( the look and feel ( including infrastructure ) of ) the platform on which the service is made available ( including the guest reviews and translated content ) and you are not entitled to copy , scrape , ( hyper - / deep ) link to , publish , promote , market , integrate , utilize , combine or otherwise use the content ( including any translations thereof and the guest reviews ) or our brand without our express written permission .

assistant: None