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: The court then stated as follows: [In] this case, the defendant has plead [sic] not guilty to the charges contained in the indictment, and thereby has raised issues of fact that need to be tried by a jury, and that is why you are here this morning, we are going to select the jury and proceed to try the issues of fact in this case. Landrau contends that this instruction, regarding the effect of his not-guilty plea, diminished the presumption of his innocence and impermissibly shifted or reduced the government’s burden of proof at trial. According to Landrau, because a defendant is never required to “raise issues of fact,” the court’s instruction may have confused the jury as to the proper standard of proof required of the government. See Hill v. Maloney, 927 F.2d 646, 648 (1st Cir.1990) (<HOLDING>). Because Landrau did not raise this issue Options: A. holding that conviction of a crime requires proof beyond a reasonable doubt of every fact necessary to constitute the crime B. holding state must prove every element of an offense beyond a reasonable doubt and a scheme that shifts the burden of proof to the defendant by presuming a fact upon proof of the other elements of the offense violates due process C. holding that even when a jury instruction is defective such a defect is cured when the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt D. holding due process clause requires the prosecution to prove beyond a reasonable doubt all of the elements included in the definition of the charged offense and new york law that requires the defendant in a second degree murder prosecution to prove by a preponderance of the evidence the affirmative defense of extreme emotional disturbance in order to reduce the crime to manslaughter when no element of the charged offense is presumed does not violate the due process clause E. holding that the due process clause requires that the prosecution bear the burden of proving every essential element of a crime beyond a reasonable doubt and evidentiary presumptions in a jury charge that have the effect of relieving the government of that burden are therefore unconstitutional

assistant: The best answer is E. holding that the due process clause requires that the prosecution bear the burden of proving every essential element of a crime beyond a reasonable doubt and evidentiary presumptions in a jury charge that have the effect of relieving the government of that burden are therefore unconstitutional
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: Sherburne, 249 F.3d at 1126-27 (quoting Gilbert, 198 F.3d at 1299). 13 . Id. at 1127 n. 5. 14 . See Lindberg, 220 F.3d at 1125 (stating that the Government is entitled to present evidence with a “spin” and that doing so does not rise to the level required for recovering fees and costs under the Hyde Amendment). 15 . Appellants claim that the Government’s closing arguments constituted prosecutorial misconduct when the Government said that it would lose a lot of money unless the jury returned a verdict against Appellants. Sustaining Appellants’ objection, the district court instructed the jury to ignore the Government's remark. Courts often use curative instructions to remedy the type of improper comment the Government made. See United States v. Endicott, 803 F.2d 506, 513 (9th Cir.1986) (<HOLDING>). Nothing in the record suggests that the Options: A. holding harmless an inadmissible comment as prejudicial effect was removed by district courts curative instruction B. holding that a district court can cure the effect of an improper prosecutorial comment with a jury instruction C. holding that the district courts swift response instructing the jury to disregard the improper comment prevented the improper comment from materially affecting the verdict D. holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case E. holding that failure to consider an improper jury instruction would constitute a miscarriage of justice

assistant: The best answer is B. holding that a district court can cure the effect of an improper prosecutorial comment with a jury instruction
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 is insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the business in which the Company is engaged, including, but not limited to, directors and officers insurance. The Company does not have any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if a court decides that applicable law precludes enforcement of any of this paragraph 's limitations as to a particular claim for relief , then that claim ( and only that claim ) must be severed from the arbitration and may be brought in court , subject to your and ebay 's right to appeal the court 's decision .

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: Any suit, action or proceeding with respect to this Agreement shall be brought in the state or federal courts located in Los Angeles County in the State of California. The parties hereto hereby accept the exclusive jurisdiction and venue of those courts for the purpose of any such suit, action or proceeding. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any judgment entered by any court in respect thereof brought in Los Angeles County, California, and hereby further irrevocably waive any claim that any suit, action or proceeding brought in Los Angeles County, California has been brought in an inconvenient form.

assistant: Enforcements
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 payments to be made by each Borrower hereunder shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein and except with respect to principal of and interest on Loans denominated in an Alternative Currency, all payments by each Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 11:00 a.m. on the date specified herein. Except as otherwise expressly provided herein, all payments by each Borrower hereunder with respect to principal and interest on Loans denominated in an Alternative Currency shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in such Alternative Currency and in Same Day Funds not later than the Applicable Time specified by the Administrative Agent on the dates specified herein. Without limiting the generality of the foregoing, the Administrative Agent may require that any payments due under this Agreement be made in the United States. If, for any reason, any Borrower is prohibited by any Law from making any required payment hereunder in an Alternative Currency, such Borrower shall make such payment in Dollars in the Dollar Equivalent of the Alternative Currency payment amount. The Administrative Agent will promptly distribute to each Lender its Pro Rata Share (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent (i) after 11:00 a.m., in the case of payments in Dollars, or (ii) after the Applicable Time specified by the Administrative Agent in the case of payments in an Alternative Currency, shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. Subject to the definition of “Interest Period”, if any payment to be made by any Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Justice, 968 F.2d 1276, 1279 (D.C.Cir.1992) (recognizing in dicta that evidence admitted at trial does not necessarily make it part of the public domain and that merely because material has been made public at one time does not necessarily place it within the public domain). The bare assertion that portions of the grand jury materials may have been used as exhibits at trial or that plaintiff received a copy of Mr. Kamiyama's grand jury testimony is insufficient to establish that this information is in the public domain. Plaintiff has failed to establish specifically which portions of this exempt information were disclosed at trial or how release of a transcript via discovery or through representation of Mr. Kamiyama puts this material in the public domain. See Davis, 968 F.2d at 1279 (<HOLDING>). Since plaintiff has not adequately met his Options: A. holding that the burden is on the plaintiff B. holding that because plaintiff could not establish which portions of the tapes had been played in court plaintiff failed to meet his burden C. holding district court order of restitution failed for lack of proof when government failed to meet burden D. holding that because plaintiff could not demonstrate that his conviction had been reversed or set aside on grounds of innocence plaintiff failed to meet the threshold for any potential recovery under 28 usc 1495 and 2513 E. holding that plaintiff could not establish prima facie case of discrimination where plaintiff failed to meet minimum qualifications for job

assistant: The best answer is B. holding that because plaintiff could not establish which portions of the tapes had been played in court plaintiff failed to meet his burden
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: procedures to obtain an untainted interview with L.B. were unsuccessful, because L.B.’s father spoke with her privately before she left for the shelter home. To determine what process is constitutionally due, we look to three somewhat flexible demands of procedural due process: First, the private interest that will be affected by the official action; second the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Mathews v. Eldridge, 424 U.S. 319, 335, 96 S. 2493, 2503-04, 61 L.Ed.2d 101 (1979) (<HOLDING>). As the district court noted, “[t]he bonds of Options: A. holding that a person has a constitutionally protected liberty interest in refusing unwanted medical treatment B. holding that grandparent has no protected liberty interest in the visitation of a child of whom she once had custody C. holding that a child has a substantial liberty interest in not being confined unnecessarily for medical treatment under the fourth amendment D. recognizing the principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment E. recognizing that a parents liberty interest in the custody of a child is subject to due process protection

assistant: The best answer is C. holding that a child has a substantial liberty interest in not being confined unnecessarily for medical treatment under the fourth amendment
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 Partnership may maintain insurance, at its expense, to protect itself and any director, officer, employee or agent of the Partnership or another corporation, partnership, joint venture, trust or other enterprise against any expense, liability or loss, whether or not the Partnership would have the power to indemnify such Person against such expense, liability or loss under the DGCL if the Partnership were a corporation organized under the DGCL. To the extent that the Partnership maintains any policy or policies providing such insurance, each such director or officer, and each such agent or employee to which rights of indemnification have been granted as provided in Section 10.02 shall be covered by such policy or policies in accordance with its or their terms to the maximum extent of the coverage thereunder for any such director, officer, employee or agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In this Agreement: (a) unless the context requires otherwise, all references in this Agreement to sections, subsections or other subdivisions shall be deemed to mean and refer to sections, subsections or other subdivisions of this Agreement; (b) titles appearing at the beginning of any subdivision are for convenience only and shall not constitute part of such subdivision and shall be disregarded in construing the language contained in such subdivision; (c) the words “this Agreement,” “this instrument,” “herein,” “hereof,” “hereby,” “hereunder,” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited; (d) words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires; pronouns in masculine, feminine and neuter genders shall be construed to include any other gender; (e) examples shall not be construed to limit, expressly or by implication, the matters they illustrate; (f) the word “or” is not exclusive and the word “includes” and its derivatives means “includes, but is not limited to” and corresponding derivative expressions; (g) no consideration shall be given to the fact or presumption that one party had a greater or lesser hand in drafting this Agreement; (h) all references herein to “$” or “dollars” shall refer to U.S. dollars; and (i) unless the context otherwise requires or unless otherwise provided herein, any reference herein to a particular agreement, instrument or document shall also refer to and include all renewals, extensions, modifications, amendments or restatements of such agreement, instrument, or document.

assistant: Construction
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 will not, and will not permit any of its Subsidiaries to, directly or indirectly, create, incur, assume or suffer to exist any Lien of any kind on any property or asset that constitutes Collateral, except Permitted Liens.

assistant: Liens
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 words “Landlord” and “Tenant” as used herein shall include the plural as well as the singular. The necessary grammatical changes required to make the provisions hereof apply either to corporations or partnerships or individuals, men or women, as the case may require, shall in all cases be assumed as though in each case fully expressed. The captions of Articles and Sections are for convenience only and shall not be deemed to limit, construe, affect or alter the meaning of such Articles and Sections.

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

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

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Level of Ordinary Skill in the Pertinent Art in Section 103 Determinations,” 8 APLA Jrl 321 (1980). Connell, 722 F.2d at 1548-49. The court noted that nearly every invention requires building upon prior art or old elements, and that an invention in which all of the elements are old can nonetheless be an invention precisely because experts are skeptical, citing United States v. Adams, 383 U.S. 39, 86 S.Ct. 708, 15 L.Ed.2d 572, 148 USPQ 479 (1966). Id. The court concluded that the proper question was whether the invention as a whole, in light of all the teachings of prior art, would have been obvious to one of ordinary skill in the art at the time the invention was made, citing 35 U.S.C. § 103. Id.; see also Rosemount, Inc. v. Beckman Instruments, Inc., 727 F.2d 1540, 1546 (Fed.Cir.1984) (<HOLDING>). This court will follow suit, and consider Options: A. holding that when an agency changes its policy with retroactive effect a reviewing court must determine the reasonableness of the new interpretation and whether application of the new policy to a party who relied on the old is so unfair as to be arbitrary and capricious B. holding a court may apply a new rule in the criminal case before it but return to the old rule as to all other cases arising on facts predating the pronouncement C. holding that the claims of a patent were inherently anticipated where the inventor merely discovered new properties of an old alloy D. holding that the patent in suit was not obvious because a combination may be patentable whether it be composed of elements all new partly new or all old citing connell and prior art did not suggest the solution to a recognized problem hit upon in the patent E. recognizing that the circumstances in which such authority may be exercised are limited and that it must be clear that the evidence sufficiently sustains all the elements of the lesser offense

assistant: The best answer is D. holding that the patent in suit was not obvious because a combination may be patentable whether it be composed of elements all new partly new or all old citing connell and prior art did not suggest the solution to a recognized problem hit upon in the patent
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: Borrower shall defend, indemnify and hold harmless Lender, any successors to Lender’s interest in this Agreement or the other Loan Documents, and Lender’s and such successors’ directors, officers, employees, agents, and contractors from and against any losses, claims, damages, penalties, fines, liabilities, costs (including cleanup and recovery costs), and expenses (including expenses of litigation and reasonable, actual and documented out-of-pocket consultants’ and attorneys’ fees) incurred by Lender or other indemnitee or assessed against the Facility by virtue of any claim or lien by any governmental or quasi-governmental unit, body, or agency, or any third party for clean-up costs or other costs pursuant to CERCLA or any other Environmental Law. Borrower’s indemnity shall survive the termination of this Agreement; provided, however, Borrower shall have no indemnity obligation with respect to [i] Hazardous Materials that are first introduced to the Facility subsequent to the date that GEN’s, Borrower’s or any Affiliate’s legal and equitable ownership and occupancy of the Facility shall have fully terminated; or [ii] Hazardous Materials introduced to the Facility by Lender, its successors or assigns.

assistant: Indemnifications
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 a Participant’s employment terminates due to death or Disability prior to the end of the Performance Period, the Participant (or his or her estate, in the event of death) will be entitled to receive a pro-rata number of shares of Stock that would have been delivered pursuant to Section 4 had the Participant remained employed through the end of the Performance Period, based on the number of days during the Performance Period that the Participant is considered to be an active employee as determined by the Company, deliverable at the time and manner specified in Section 4 above.

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 legal provision and list the applicable contract clause categories. Provision: The Company considers the protection of its confidential information and proprietary materials to be very important. Therefore, as a condition of your employment, you and the Company will become parties to the Confidentiality, Non-Competition and Assignment of Inventions Agreement, as set forth on Attachment 2 hereto . This attached agreement must be signed and returned to the Company on your first day of employment.

assistant: Confidentiality
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 provided in this Agreement, distributions prior to the dissolution of JVCO shall be made in accordance with this Article V and each Shareholder actually receiving amounts pursuant to a specific distribution by JVCO shall receive a pro rata share of each item of cash or property of which such distribution is constituted (based upon such Shareholder’s pro rata ownership of JVCO).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be terminated by the Purchaser or the Seller, by written notice to the other party, if the Closing has not been consummated on or prior to the fifth business day following the date of this Agreement; provided that no such termination will affect the right of any party to sue for any breach by the other party. For the avoidance of doubt, in the event that this Amendment is terminated, the Conversion Agreement shall be reinstated and in full force.

assistant: Terminations
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: Our commitments and undertakings hereunder shall terminate in their entirety automatically without further notice or action by us on the first to occur of (a) November 22, 2017, (b) the date of the closing of the Acquisition, effective immediately following such closing, with or without the use of any portion of the Facilities, and (c) the termination of the Acquisition Agreement in accordance with the terms thereof. Notwithstanding the foregoing, upon the effectiveness of the Specified Amendment, the commitments and any other obligations of the Commitment Parties in respect of the Backstop Facility or the Existing Credit Facility Amendment (or any part thereof) shall permanently, irrevocably and automatically be terminated and have no further force or effect without any further action by the Commitment Parties or you.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties agree that irreparable damage would occur in the event that any of the provisions of Section 7.03 of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, each of the parties shall be entitled to specific performance of the terms thereof, including an injunction or injunctions to prevent breaches of Section 7.03 of this Agreement and to enforce specifically the terms and provisions of Section 7.03 of this Agreement in any Iowa federal or state court contemplated by Section 10.13 . Each of the parties hereby further waives any defense in any action for specific performance that a remedy at law would be adequate regarding such Section 7.03 .

assistant: Specific Performance
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: if you register with the duolingo english test , you further represent and warrant that the identification materials you submit to duolingo are true and accurate representations of legal identification documents , issued to you by a government entity in accordance with local laws , and that you are registering for the duolingo english test for the express purpose of taking a language examination .

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: Each Loan Party shall comply with the requirements of all applicable laws, rules, regulations and orders of any Governmental Authority (including, without limitation, all Environmental Laws and ERISA, Anti-Terrorism Laws and Anti-Corruption Laws), noncompliance with which could reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect (except as otherwise specifically set forth herein with respect to Anti-Terrorism Laws and Anti-Corruption Laws) and the inventory produced or manufactured, if any, by each domestic Loan Party shall comply with the Fair Labor Standards Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in Sections 3.4 and 6.3, this Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written understandings, statements, representations or promises with respect to its subject matter. This Agreement was the subject of negotiation between the parties and, therefore, the parties agree that the rule of construction requiring that the agreement be construed against the drafter shall not apply to the interpretation of 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: The consummation of the transactions contemplated by this Agreement shall take place at a closing (the " Closing ") to be held on August 17, 2016. The Closing may take place remotely, by exchange of documents and signatures by email and overnight mail, as counsel to the parties may agree. At the Closing, Seller shall deliver to Buyer such conveyances, bills of sale, assignments, agreements and other documents, in form and substance satisfactory to Buyer's counsel, as may be reasonably requested by Buyer's counsel to effect the sale and transfer of the Purchased Assets and to consummate the transactions contemplated by this Agreement and shall make such other deliveries specified in or contemplated by this Agreement. When all such deliveries have been completed, Buyer shall deliver to Seller a cashier's check in accordance with Section 3 hereof.

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: 324.30101(r) (“ ‘[rJiparían owner’ means a person who has riparian rights”) (emphasis added); MCL 324.30101(s) (“ ‘[r]iparian rights’ means those rights which are associated with the ownership of the bank or shore of inland lake or stream”). The use of “has” indicates that MCL 324.30101(r) refers to landowners who already possess riparian rights—it does not extend riparian rights to new groups of property holders. In addition, the statute nowhere mentions that it abrogates the common law, nor does it evince intent to do so. See Hamed v Wayne Co, 490 Mich 1, 22 n 57; 803 NW2d 237 (2011) (“The Legislature is presumed to know the common law, and any abrogation of the common law must be explicit.”). See also Stidham v Algonquin Lake Community Ass’n, 133 Mich App 94, 98; 348 NW2d 46 (1984) (<HOLDING>). We therefore affirm the trial court’s grant Options: A. holding that the existence of a prior bankruptcy settlement does not preclude a subsequent criminal restitution order B. holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by 301 C. holding that tjhe existence of the inland lakes and streams act subsequently recodified as part 301 of nrepa does not preclude plaintiffs commonlaw remedies D. holding that plaintiffs title vii claims were not preempted by section 301 despite collective bargaining agreement and stating that the purposes of 301 are not subverted when a federal court hears a claim brought under a federal statute E. holding that exemption under the ada does not preclude liability under the rehabilitation act

assistant: The best answer is C. holding that tjhe existence of the inland lakes and streams act subsequently recodified as part 301 of nrepa does not preclude plaintiffs commonlaw remedies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 373 U.S. 374 83 S.Ct. 1311 10 L.Ed.2d 419 James GOBER et al., petitioners,v.CITY OF BIRMINGHAM. No. 66. Supreme Court of the United States October Term, 1962. May 20, 1963 Mrs. Constance B. Motley, New York City, for petitioners. Watts E. Davis, Birmingham, Ala., for respondent. J. M. Breckenridge, Birmingham, Ala., for respondent. Solicitor General Archibald Cox for the United States, as amicus curiae, by special leave of Court. On Writ of Certiorari to the Court of Appeals of the State of Alabama. PER CURIAM. 1 The judgments are reversed. Peterson v. City of Greenville, 373 U.S. 244, 83 S.Ct. 1119. 2 [For opinion of MR. JUSTICE HARLAN, see 373 U.S. 248, 83 S.Ct. 1133.]

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 case excerpt and choose the best holding from the options. Case excerpt: tends to exclude the possibility that the defendants acted independently or legitimately.” U.S. Anchor, 7 F.3d at 1002. As a threshold matter, the parties debate whether Defendant Board is legally capable of conspiring with its Directors to restrain trade. Generally, a corporation and its officers or directors cannot form a Section 1 conspiracy. See Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752, 769-72, 104 S.Ct. 2731, 2741-42, 81 L.Ed.2d 628 (1984). This circuit has determined, howev er, that an exception to this general rule exists where plaintiff demonstrates that corporate officers have a personal stake in achieving the object of the alleged conspiracy. Tiftarea Shopper, Inc. v. Georgia Shopper, Inc., 786 F.2d 1115, 1116 (11th Cir.1986); see also Bolt, 891 F.2d at 819 (<HOLDING>). The nonprofit Defendant in this case is a Options: A. recognizing that at least for certain purposes a hospital room is fully under the control of the medical staff yet for other purposes it is the patients room because patient understands that nurses doctors food handlers and others enter and exit hospital room in accordance with medical need and hospital routine B. holding a corporation cannot conspire with its officers and agents to restrain trade in its own products C. holding that a hospitals bylaws are an integral part of its contractual relationship with the members of its medical staff D. holding that hospitals denial of staff privileges to disabled doctor violated title iii because ada applies not only to members of the public seeking medical services but also to those wishing to work as doctors within hospital E. holding that a hospital can conspire with members of its medical staff

assistant: The best answer is E. holding that a hospital can conspire with members of its medical staff
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 reasonable request of Purchaser and without demanding further consideration from Purchaser, Seller agrees to execute and deliver to Purchaser such other documents and instruments, and do and perform such other acts and things, as may be reasonably necessary for effecting completely the consummation of the transfer of ownership in and to the Shares Sold as contemplated hereby, as well as the deposit of the Shares Sold with a broker-dealer.

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: no evidence that S. Jacobson misled AHP or failed to divulge any information. A. Jacobson sanctioned the redirection of certain business directly to Olympus as part of the parties’ anticipated merger. S. Jacobson’s activities with Olympus after his resignation from AHP were similarly not breaches of his fiduciary duty or improper. AHP has not shown that he used any knowledge gained solely as a director to the detriment of AHP. AHP’s “Eighth Claim for Relief,” (Doc. No. 5-1 at 13), is DISMISSED. 9. Olympus, S. Jacobson, and Davis’s Civil Conspiracy Olympus argues that AHP’s civil conspiracy claim relates only to fraud. If true, AHP’s conspiracy claim would be dismissed based on the Court’s dismissal of AHP’s fraud claim. See Strickland v. Hedrick, 194 N.C.App. 1,19, 669 S.E.2d 61 (2008) (<HOLDING>). AHP argues that its conspiracy claim could Options: A. holding that summary judgment on chapter 93a claim is appropriate when summary judgment is granted on fraud claim and chapter 93a claim is solely based on the underlying claim for common law fraud B. recognizing that although civil conspiracy is a separate actionable tort a conspiracy claim is barred where the underlying tort is barred by the applicable statute of limitations C. holding that where summary judgment is granted on the underlying tort claims a conspiracy claim must also fail D. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed E. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed

assistant: The best answer is C. holding that where summary judgment is granted on the underlying tort claims a conspiracy claim must also fail
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 Restricted Holder acknowledges that its obligations under this Agreement are unique, recognizes and affirms that in the event of a breach of this Agreement by any Restricted Holder, money damages may be inadequate and Buyer may have not adequate remedy at law, and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by a Restricted Holder in accordance with their specific terms or were otherwise breached. Accordingly, Buyer shall be entitled to seek an injunction or restraining order to prevent breaches of this Agreement by any Restricted Holder and to seek to enforce specifically the terms and provisions hereof, without the requirement to post any bond or other security or to prove that money damages would be inadequate, this being in addition to any other right or remedy to which Buyer may be entitled under this Agreement, at law or in equity.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may bill you ( a ) in advance ; ( b ) at the time of purchase ; ( c ) shortly after purchase ; or ( d ) on a recurring basis for subscription services .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (quoting Combs v. Combs, 787 S.W.2d 260, 262 (Ky. 1990)). More importantly, I am not prepared to conclude that the sharing of household expenses, in addition to the existence of a long-term relationship, can never constitute changed circumstances. Indeed, in a cohabitation case (not a “roommate” case), it is difficult to conceive of a situation where a court could find changed circumstances in the absence of such economic factors. ¶ 45. While the majority states that it adopts “the majority rule for cohabitation situations,” ante, ¶ 18 (citing Smith v. Mangum, 747 P.2d 609, 611 (Ariz. Ct. App. 1987)), the majority rule does not foreclose a trial court from considering evidence of shared expenses in determining whether changed circumstances exist. See Mangum, 747 P.2d at 612 (<HOLDING>). To the contrary, the cases cited by the Options: A. holding that although cohabitation is not in itself the de facto equivalent of marriage that would warrant modification of spousal maintenance all evidence relating to the economic nature of the relationship between wife and cohabitant would be relevant and admissible to show that wifes support needs have changed B. holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible C. holding that the trial court lacked authority to renew spousal support payments pursuant to a motion that was filed after the expiration of time during which spousal support was required to be paid under the original judgment D. holding that the trial court was without authority to modify a spousal support obligation when the modification proceeding was initiated ten years after the obligation to pay spousal support under the dissolution judgment had been terminated by order E. holding that denial of petition for modification of maintenance was proper when the parties agreement prohibited modification of maintenance

assistant: The best answer is A. holding that although cohabitation is not in itself the de facto equivalent of marriage that would warrant modification of spousal maintenance all evidence relating to the economic nature of the relationship between wife and cohabitant would be relevant and admissible to show that wifes support needs have changed
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: any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate’s order is clearly erroneous or contrary to law. (B) a judge may also designate a magistrate to conduct hearings, including evi-dentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendati 69-70 (6th Cir.1993) (<HOLDING>); Bennett v. General Caster Serv., 976 F.2d Options: A. holding an interlocutory appeal is allowed from the trial courts written order denying a motion to dismiss under the tcpa B. holding that a motion for rule 11 sanctions is dispositive C. holding that a magistrate judge acting pursuant to 636b1 has no authority to issue a dispositive ruling on a motion to certify a district court order for interlocutory appeal under 28 usc 1292b 2000 D. holding an order denying a motion for summary judgment is interlocutory and not appealable E. holding that a motion to certify a district court order for interlocutory appeal is dispositive

assistant: The best answer is E. holding that a motion to certify a district court order for interlocutory appeal is dispositive
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: Executive hereby represents and warrants to the Company that, as of the date of this Agreement, Executive is a resident of the Commonwealth of Pennsylvania. This Agreement will be governed by the law of Pennsylvania, excluding any conflicts or choice of law rule or principle that might otherwise refer to the substantive law of another jurisdiction for the construction, or determination of the validity or effect, of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Member acknowledges that, during the term of this Agreement, he, she or it may have access to or become acquainted with trade secrets, proprietary information and confidential information belonging to the Company, and its respective Affiliates that are not generally known to the public, including, but not limited to, information concerning business plans, financial statements, intellectual property and other information provided pursuant to Section 11.2 , operating practices and methods, expansion plans, strategic plans, marketing plans, contracts, customer lists or other business documents that the Company treats as confidential (collectively, “ Confidential Information ”). Without limiting the applicability of any other agreement to which any Member may be subject, no Member shall, without the prior written consent of the Board, directly or indirectly disclose or use (other than solely for the purpose of communicating with other Members or such Member monitoring and analyzing such Member’s investment made herein) at any time, including, without limitation, use for commercial or proprietary advantage or profit, either during his, her or its association or employment with the Company or thereafter, any Confidential Information of which such Member is or becomes aware. Each Member in possession of Confidential Information shall take all commercially reasonable steps to safeguard such information and to protect it against disclosure, misuse, espionage, loss and theft. Notwithstanding the foregoing, a Member may disclose Confidential Information to the extent (i) disclosure is necessary for the Member and/or the Company’s employees, agents, representatives and advisors to fulfill their duties to the Company pursuant to this Agreement and/or other written agreements, (ii) the disclosure is required by law, legal process or a court order, after (to the extent permitted by applicable law) notice of such requirement has been given to the Company so that it may have a reasonable opportunity to oppose such disclosure, (iii) the information becomes generally available to the public through no fault of such Member, (iv) the disclosure is approved in advance by the Board, or (v) the disclosure is of the tax treatment and tax structure (as such terms are used in Section 6011 of the Code and the Treasury Regulations promulgated thereunder) of its investment in the Company and of any transactions entered into by the Company. Upon expiration or other termination of a Member’s interest in the Company, that Member may not take any of the Confidential Information, and that Member shall promptly return to the Company all Confidential Information in that Member’s possession or control. Nothing in this Section 8.14 shall in any way modify or limit the provisions set forth in Section 9.9 .

assistant: Confidentiality