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: powers to the executive department, and judicial powers to the judiciary * * In re Request for Advisory Opinion from House of Representatives (Coastal Resources Management Council), 961 A.2d 930, 933 (R.I.2008). Just as “the separation of powers amendments di 108 S.Ct. 646, 98 L.Ed.2d 798 (1988) (“To ensure that justice is done, it is imperative to the function of courts that compulsory process be available for the production of evidence * * *”) (quoting United States v. Nixon, 418 U.S. 683, 709, 94 S.Ct. 3090, 41 L.Ed.2d 1039 (1974)). The Court, the board, and lawyers licensed to practice in Rhode Island, as officers of the Court, including Disciplinary Counsel, may all properly exercise the judiciary’s inherent subpoena power. See In re Snyder, 472 U.S. at 644, 105 S.Ct. 2874 (<HOLDING>). Similarly, respondent’s contention that this Options: A. holding that while a magistrate lacked the authority to enter an order granting a motion to correct error and thus that the order was defective for failing to contain the judges signature or another indication it was approved or adopted by the trial court the city waived any challenge to the validity of the order by failing to make a timely objection and observing that the indiana supreme court has long held that defects in the authority of a court officer as opposed to the jurisdiction of the trial court itself to enter a final order will be waived if not raised through a timely objection and more recently this court has applied the same principle to civil proceedings and clarified that any objection to the authority of an adjudicative officer must be raised at the first instance the irregularity occurs or at least within such time as the tribunal is able to remedy the defect B. holding that information contained in affidavits and depositions submitted as attachments to a memorandum were properly before the trial court and appellate court for purposes of a motion for summary judgment C. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial D. recognizing that as an officer of the court a lawyer can cause persons to drop their private affairs and be called as witnesses in court and for depositions and other pretrial processes although subject to the ultimate control of the court E. holding that a bankruptcy trustee is an officer of the court appointed by the court directed by the court and paid by the court but is in no sense an agent or employee or officer of the united states

assistant: The best answer is D. recognizing that as an officer of the court a lawyer can cause persons to drop their private affairs and be called as witnesses in court and for depositions and other pretrial processes although subject to the ultimate control of the court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one (1) or more counterparts, which when so executed shall constitute one (1) and the same agreement. Facsimile or .pdf signatures attached to this Agreement shall be as valid and binding as original signatures. The headings herein are for reference only and shall not affect the interpretation of this Agreement.

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: Although each of these interests is a constitutionally protected property right and thus meets the first element of the claim, the Owners fail to satisfy the second element because the Town never deprived them of these interests. First, although money is clearly a cognizable property interest, see, e.g., Bd. of Regents of State Colleges v. Roth, 408 U.S. 564, 571-72, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972) (including money in the list of quintessential property rights protected by the Constitution), the Town never deprived the Owners of any money because the Owners never actually paid the fine. The Town’s imposition of fines is not the equivalent of actually taking the Owners’ money. Cf. Sniadach v. Family Fin. Corp. of Bay View, 395 U.S. 337, 340-42, 89 S.Ct. 1820, 23 L.Ed.2d 349 (1969) (<HOLDING>). The Owners thus have suffered no deprivation, Options: A. holding that garnishment is a distinct civil action B. holding that a plaintiff cannot assert a statutory claim for wages under the labor law if he has no enforceable contractual right to those wages C. holding that garnishment of wages is a deprivation D. holding that a garnishment proceeding is an action against the consumer E. holding under indiana law that profits are not wages and neither is a fraction of profits wages and so a bonus that is based on the performance of a plant rather than on the time or determinable output of the employee is not wages either

assistant: The best answer is C. holding that garnishment of wages is a deprivation
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: occurring prior to December 7,1985, two years before the filing of the complaint, are not actionable under the applicable statute of limitations. Plaintiff responds by alleging that the events leading to the institution of this suit comprise a continuum of tortious misconduct. Since the last event—the December 9, 1985 stop work order—occurred within the applicable limitation period, plaintiff argues all allegations in his claim under section 1983 are actionable based upon a continuing cause of action theory. Initially, the court must determine the applicable limitation period. Delaware’s two-year limitation period for personal injuries, 10 Del.C. § 8119, applies to actions under section 1983. See Wilson v. Garcia, 471 U.S. 261, 277-80, 105 S.Ct. 1938, 1947-49, 85 L.Ed.2d 254 (1985) (<HOLDING>); Cuffy v. Getty Refining & Marketing Co., 648 Options: A. holding that claims under 42 usc 1983 are not personal injury tort claims B. holding that in actions brought under 42 usc 1983 federal courts apply the states statute of limitation for personal injury C. holding that federal courts apply the forum states personal injury statute of limitations for section 1983 claims D. holding that statutes of limitation for bivens and 1983 actions are the same E. holding that the states personal injury statutes of limitation should be applied for claims under section 1983

assistant: The best answer is E. holding that the states personal injury statutes of limitation should be applied for claims under section 1983
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: 1160, 1187, 1186 n. 37, 1187 (E.D.Pa.1978) (Becker, J.) (stating that in a FTCA case the government may be held liable for negligent inspection even where the source of the duty arises under federal law if the plaintiffs claims are based on alleged breaches of duty arising under state law). b. The Good Samaritan Rule Generally. Under the Good Samaritan rule, which has been adopted as the law of Pennsylvania, a person is “liable to another for breach of a duty voluntarily assumed by affirmative conduct, even when that assumption of duty is gratuitous.” Patentas v. United States, 687 F.2d 707, 713-714 (3d Cir.1982) (citing Indian Towing Co. v. United States, 350 U.S. 61, 76 S.Ct. 122, 100 L.Ed. 48 (1955); Restatement (Second) of Torts §§ 323, 324A); see Blessing, 447 F.Supp. at 1187 (<HOLDING>); Cantwell v. Allegheny County, 506 Pa. 35, 483 Options: A. recognizing restatement second of torts 428 but also discussing the inherently dangerous activities standard B. recognizing that restatement second of torts 323 and 324a correctly state pennsylvania law C. recognizing kansas courts adoption of restatement second of torts 909 1977 D. recognizing that restatement second of torts 416 to 429 are often overlapping E. recognizing tentative draft of restatement second of torts 652e

assistant: The best answer is B. recognizing that restatement second of torts 323 and 324a correctly state pennsylvania law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: marks omitted); see also, e.g., Immigration & Naturalization Serv. v. Delgado, 466 U.S. 210, 217, 104 S.Ct. 1758, 80 L.Ed.2d 247 (1984) (investigative detention - requires “some minimal level of pbjective justification”); Robinson v. United States, 76 A.3d 329, 336 (D.C. 2013) (“The reasonable, articulable suspicion standard requires substantially less than probable cause and considerably less than proof of wrongdoing by a preponderance of the. evidence. It is not onerous, but it is not toothless either .... Unparticu-larized suspicion and inarticulate hunches are not sufficient ....”) (citations and internal quotation-marks omitted). Courts consider a number of factors in determining whether officers had reasonable articu-lable suspicion to stop a suspect, including a report o 14) (<HOLDING>). B. Mr. Wade also argues that even if the Options: A. holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime B. recognizing that police officer may stop a suspect if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot C. holding that no seizure occurred where officer approached the suspect at the bus stop mentioned that he was investigating a bank robbery asked the suspect what he was doing in the area and for his identification and otherwise gave no indication that the suspect was not free to leave or to refuse to respond to questioning D. holding that stop of suspect was supported by reasonable articulable suspicion where anonymous 911 caller described man with a gun officers saw suspect walking with man who matched description provided by 911 caller suspect made nervous and evasive motions incident occurred in highcrime area and suspect attempted to flee E. holding that stop of appellant was supported by reasonable articulable suspicion where anonymous 911 caller said that she had seen suspect pull gun out of his pocket 911 caller described suspect and suspects location responding officer located appellant near stated location appellant matched description and no one else in vicinity matched description

assistant: The best answer is D. holding that stop of suspect was supported by reasonable articulable suspicion where anonymous 911 caller described man with a gun officers saw suspect walking with man who matched description provided by 911 caller suspect made nervous and evasive motions incident occurred in highcrime area and suspect attempted to flee
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 the public in general, beginning in 1987. Moreover, the claim that Odettes did not know about the rotating pass-thru port is relevant to the issue of when to start the period of delay, not to whether the length of that period, once it began, was reasonable; indeed, Odeties advanced this same argument in support of its assertion that the laches period did not begin until late 1993. Odeties next contends that its delay should be excused because it had neither a legal department nor formal patent enforcement procedures during the period of delay. As a matter of law, however, this fact does not excuse Odeties’ failure to investigate the Sto-ragetek ATLs until some six years after the alleged infringement commenced. See Coleman v. Corning Glass Works, 619 F.Supp. 950, 952 (W-D.N.Y.1985) (<HOLDING>), aff'd, 818 F.2d 874 (Fed.Cir. 1987). Further, Options: A. holding that an over twoyear delay without any excuse was unreasonable as a matter of law B. holding that a fiftyday delay to conduct an investigation was reasonable as a matter of law C. holding that plaintiffs inability to stand more than two hours was insufficient as a matter of law to prove that she was disabled D. holding that an eightmonth delay without excuse was unreasonable as a matter of law E. holding inability to locate attorney who would prosecute infringement suit inadequate as matter of law to excuse delay

assistant: The best answer is E. holding inability to locate attorney who would prosecute infringement suit inadequate as matter of law to excuse delay
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: Promptly after the commencement thereof, notice of any action, suit, proceeding or investigation before or by any Official Body or any other Person against any Loan Party or Subsidiary of any Loan Party which relate to the Collateral or which if adversely determined would constitute a Material Adverse Change.

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: Executive shall cooperate with the Company and its subsidiaries or affiliates in connection with any pending or future investigation, litigation, proceeding or other matter which may be filed against or by the Company or its subsidiaries or affiliates with any agency, court, or other tribunal and concerning or relating to any matter falling within Executive’s knowledge or former area of responsibility. Executive shall provide reasonable assistance and completely truthful testimony in such matters as needed. The Company shall compensate the Executive for services performed by Executive pursuant to this Section 8 at $250 per hour and will reimburse Executive for all reasonable associated out of pocket expenses incurred at the request of the Company.

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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, whenever it is provided herein that any notice, demand, request, consent, approval, declaration or other communication shall or may be given to or served upon any of the parties by any other party, or whenever any of the parties desires to give or serve upon any other party any other communication with respect to this Security Agreement, each such notice, demand, request, consent, approval, declaration or other communication shall be in writing and shall be delivered (and deemed received) in the manner set forth in Section 9.1 of the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, “Outrageous!” [14] Id. The question of what amounts to extreme and outrageous conduct depends in part on prevailing cultural norms and values, and “[i]n the appropriate case, the question can be decided as a matter of law.” Id. This is the case here. [15] McCollough argues that Bryant’s conduct in failing to thoroughly investigate the incident, leading others to believe that he had fully investigated the incident when he had not, and in directing that McCollough’s statement be altered so that i Ct.App.1997) (<HOLDING>), trans. denied. Because we conclude as a Options: A. holding that title to land vests in decedents heirs not in his administrator B. holding decedents remains are not property and the coroner and the coroners employees have no mandatory statutory duty or common law duty to treat human remains as if they were operating a mortuary or crematory C. holding that evidence that decedents second wife secretly decided to disinter decedents remains rather than maintain a grave with a headstone pursuant to an agreement with family members sufficiently established that wifes actions were deliberate and extreme and outrageous for purposes of establishing an iied claim D. holding that executor owed no legal duty under negligence theory to decedents sons who claimed bank accounts upon her death under a right of survivorship but were not beneficiaries of any of decedents property under her will E. holding that decedents daughter was necessary party to maryland wrongful death action

assistant: The best answer is C. holding that evidence that decedents second wife secretly decided to disinter decedents remains rather than maintain a grave with a headstone pursuant to an agreement with family members sufficiently established that wifes actions were deliberate and extreme and outrageous for purposes of establishing an iied 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: This Agreement shall become effective when executed and delivered by the parties hereto (the “ Effective Date ”). Upon the occurrence of the Effective Date, each of the Secured Parties shall recognize the existence and permissibility of the other Secured Parties and their respective Indebtedness, Liens and/or Obligations pursuant to the terms of this Agreement.

assistant: Effectiveness
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 Assignee shall pay the Assignor, on the Effective Date, the amount agreed to by the Assignor and the Assignee. From and after the Effective Date, the Administrative Agent shall make all payments in respect of the Assigned Interest (including payments of principal, interest, Reimbursement Obligations, fees and other amounts) to the Assignor for amounts which have accrued to but excluding the Effective Date and to the Assignee for amounts which have accrued from and after the Effective Date.

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: 9 . We recognize that the Supreme Court made these statements in the context of discussing the direct advancement prong of Central Hudson, not the final "reasonable fit” prong. As we noted earlier, we think the government’s consumer fraud justification satisfies the direct advancement prong. We rely on Ibanez and Edenfield here because we see no reason why the government’s evidentiary burden at the final step of Central Hudson should be any less than at the direct advancement step. 10 .Similarly, we see no problem with the FDA imposing an outright ban on a claim where evidence in support of the claim is qualitatively weaker than evidence against the claim — for example, where the claim rests on only one or two old studies. 11 . Compare Nutritional Health Alliance, 144 F.3d at 227-28 (<HOLDING>) with Central Hudson, 447 U.S. at 571 n. 13, Options: A. holding that prior restraint analysis applies to commercial speech but that the general health claim regulation 21 cfr 10114 was sufficiently welldefined to survive prior restraint analysis B. holding that a plaintiff lacked standing to challenge an ordinance imposing higher permit fees on commercial events as a prior restraint because the city had not yet characterized the plaintiffs events as commercial C. holding that a state may not exercise a prior restraint on publishing a newspaper D. holding that a regulation was not a prior restraint because it did not authorize suppression of speech in advance of its expression E. holding that strict scrutiny applies to a prior restraint enforcing a contentbased restriction on speech in a traditional public forum

assistant: The best answer is A. holding that prior restraint analysis applies to commercial speech but that the general health claim regulation 21 cfr 10114 was sufficiently welldefined to survive prior restraint analysis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of any position at the Inco plant, let alone those that were vacant or otherwise available to Plaintiff at the limited time in question. Kentucky law simply does not require the placement of a disabled worker in a job where he poses a hazard to himself or others as a form of reasonable accommodation. Blanton’s primary argument on appeal is that there still remain material issues of fact that preclude summary judgment. We are not persuaded. First, although Blanton was not estopped from pursuing his claim by reason of his representations of total disability to the Workers’ Compensation Commission and the Social Security Administration, what he related about his inability to work at the pertinent time was an important factor in the grant of summary judgment. See Blanton, 123 F.3d at 917 (<HOLDING>). Blanton had been a long-time faithful, Options: A. holding that previous sworn statements made by a plaintiff in his request for disability benefits is a material factor for the court to consider in determining whether he is entitled to ada relief B. holding if a plaintiff claiming discrimination under the ada demonstrates that his or her disability played a motivating role in the employment decision the plaintiff is entitled to relief C. holding that although disability benefits cannot be included as part of the marital estate a court may consider the waiver of retirement pension benefits in favor of disability benefits in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage of the retirement pension benefits D. holding without applying the doctrine of judicial estoppel that the plaintiff who made sworn statements of total disability in a social security disability application and then testified at her deposition that she was not totally disabled failed to raise a genuine issue of material fact as to whether she was a qualified individual with a disability within the meaning of the ada E. holding that whether a person has a disability under the ada is an individualized inquiry

assistant: The best answer is A. holding that previous sworn statements made by a plaintiff in his request for disability benefits is a material factor for the court to consider in determining whether he is entitled to ada relief
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: as a predictor of actual movements because it was predicated on data depicting actual bighorn sheep movements. Given the model’s Payette data-based origin, the Forest Service could reasonably assume that its predictions were sufficiently reliable to satisfy NEPA. Ultimately, the Forest Service used top-rate model designers; relied on peer-reviewed methodologies applied by other bighorn researchers addressing similar issues; and incorporated on-the-ground data of bighorn sheep movements within the Payette. Given the foregoing, and in light of the deference owed to the agency when undertaking technical analysis within its purview, the Forest Service’s reliance on the risk of contact model was not arbitrary, capricious, or an abuse of discretion. Cf. Lands Council, 537 F.3d at 990-94 (<HOLDING>). 2. Disease model Wool Growers asserts two Options: A. recognizing that the forest service supervisor had authority to issue orders pursuant to 36 cfr 26150 B. holding under basic principles of property law that easement rights are subject to regulation by the forest service as the owner of the servient estate C. holding in suit under the administrative procedure act challenging us forest service approval of forest development plan that injury to aesthetic conservational or recreational interests is sufficient to confer standing D. holding that the forest service did not act arbitrarily and capriciously by failing to verify its model with ontheground data E. holding the ihsaa did not act arbitrarily or capriciously in granting student limited eligibility

assistant: The best answer is D. holding that the forest service did not act arbitrarily and capriciously by failing to verify its model with ontheground data
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 Forbearance Agreement, Consent and Amendment shall be binding upon and inure to the benefit of the Borrowers, the other Obligors, the Lenders, the Administrative Agent and their respective successors and permitted assigns; provided that, unless otherwise permitted by the Facility Agreement, neither the Borrowers nor any other Obligor shall be entitled to delegate any of their duties hereunder and shall not assign any of their rights or remedies set forth in this Forbearance Agreement, Consent and Amendment without the prior written consent of the Administrative Agent in its sole discretion (and any attempted assignment or delegation without such consent shall be null and void). No Person other than the parties hereto and their permitted successors and assigns, shall have any rights hereunder or be entitled to rely on this Forbearance Agreement, Consent and Amendment and all third-party beneficiary rights are hereby expressly disclaimed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not only is the mens rea lacking, but the actual ability to cause death or bodily harm has not been demonstrated. It is well established that there can be no conviction for reckless endangerment without a present ability to inflict harm. See Commonwealth v. Gouse, 287 Pa. Super. 120, 429 A.2d 1129 (1981). “In construing the Crimes Code section on recklessly endangering, this court has recently determined that the common-law assault requirement of actual present ability to inflict harm must be shown in order to support a conviction under the statute.” Gouse at 124, 429 A.2d at 1131. Further, “the mere apparent ability to inflict harm is not sufficient. Danger, and not merely the apprehension of danger, must be created.” Commonwealth v. Reynolds, 835 A.2d 720, 728 (Pa. Super. 2003) (<HOLDING>). Without evidence that the defendant was, in Options: A. holding that evidence was sufficient to establish aggravated assault where appellant was seen pointing and firing a gun at two women B. holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept C. holding that although pointing an unloaded gun would generally not be sufficient to support a conviction for recklessly endangering another person where the commonwealth presented evidence that there was at least one bullet in the gun a conviction could stand D. holding that evidence was sufficient to prove defendant constructively possessed the gun where although defendant denied ownership of the gun it was found near a knife of which defendant claimed ownership and where defendant was aware of the presence of the gun E. holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon

assistant: The best answer is C. holding that although pointing an unloaded gun would generally not be sufficient to support a conviction for recklessly endangering another person where the commonwealth presented evidence that there was at least one bullet in the gun a conviction could stand
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: view in the car. The agents knew that Cruz had not carried a purse to the transaction, suggesting that one of the purses and possibly one or more of the phones belonged to Cruz. Further, an agent testified that one of the bags was open and contained “a white envelope with what looked to be a large sum of money kind of like sitting in there.” When asked by agents what she was doing in the car, Pascual responded that she was waiting for her cousin “Hazel,” which the agents confirmed was the name of the woman who had just been apprehended taking delivery of the drugs. Given the cumulative effect of this information, the agents clearly had probable cause to believe that evidence of narcotics offenses would be found in the car. See United States v. Gagnon, 373 F.3d 230, 240 (2d Cir.2004) (<HOLDING>). Second, Pascual argues that the scope of the Options: A. holding that a jury could reasonably infer defendant and his brother engaged in victims murder with deliberation where victims hands and feet were bound expert testimony was that victims injuries were inflicted when he was alive defendants gloves were discarded in victims trailer and defendant and his brother burned the trailer in an attempt to conceal the evidence B. holding that the suspect was effectively arrested when police surrounded his trailer with their weapons drawn and ordered him through a bullhorn to leave the trailer and drop to his knees C. holding that automobile exception applied to search of defendants tractor trailer where confidential informant who was detained at border with a trailer full of marijuana told agents that he was driving to meet the defendant to exchange trailers and defendant subsequently arrived at the location described at the time described in a tractor with an empty trailer that matched informants description D. holding that because defendant only emerged under circumstances of extreme coercion the arrest occurred while he was still inside his trailer E. holding that an anonymous tip that described a suspects appearance and location and alleged that he was carrying a concealed weapon was insufficiently corroborated by the officers observation of the appellant who matched the description hanging out at the indicated location

assistant: The best answer is C. holding that automobile exception applied to search of defendants tractor trailer where confidential informant who was detained at border with a trailer full of marijuana told agents that he was driving to meet the defendant to exchange trailers and defendant subsequently arrived at the location described at the time described in a tractor with an empty trailer that matched informants description
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: observed in Major Media that: Although an occasional marginal case might arise raising the question of whether on the particular facts the definition of commercial speech would be correct, such an infrequent possibility ver, the Supreme Court held that the analogous state statute of limitations most appropriate for § 1983 actions is the limitation period for personal injury actions. Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). In 1989, the Supreme Court further refined Wilson by holding that where state law provides multiple statutes of limitations for personal injury actions, courts considering § 1983 claims should borrow the general or residual statute for personal injury actions. Owens v. Okure, 488 U.S. 235, 109 S.Ct. 573, 582, 102 L.Ed.2d 594 (1989) (<HOLDING>). Thus, as courts since Wilson have recognized, Options: A. holding that the threeyear statute of limitations applicable to 1983 actions in arkansas governed idea claims B. holding that federal courts apply the forum states personal injury statute of limitations for section 1983 claims C. holding that if state law provides multiple statutes of limitations for personal injury actions the general or residual statute for personal injury actions should be used for 1983 actions D. holding that the statute of limitations for 1983 claims is the most closely analogous state limitations period for general personal injury claims E. holding that new yorks threeyear residual statute of limitations for personal injury claims not embraced by specific statutes rather than oneyear statute of limitations for intentional torts governed 1983 action

assistant: The best answer is E. holding that new yorks threeyear residual statute of limitations for personal injury claims not embraced by specific statutes rather than oneyear statute of limitations for intentional torts governed 1983 action
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: DEAC does not directly or indirectly own any capital stock or other securities of, or any beneficial ownership interest in, or hold any equity or similar interest, or have any investment in any corporation, limited liability company, partnership, limited partnership, joint venture or other company, person or other entity, including without limitation any Subsidiary of DEAC except for the Subsidiaries set forth in Schedule 2.4, attached hereto. Each of the Subsidiaries of DEAC is wholly-owned by the DEAC, directly or indirectly, free and clear of any liens. For purposes of this Agreement, a "Subsidiary" of a company means any entity in which, at the date of this Agreement, such company or any of its subsidiaries directly or indirectly owns any of the capital stock, equity or similar interests or voting power.

assistant: Subsidiaries
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: EST’s sovereign interests, citing for support Sac and Fox, 240 F.3d 1250; Yellowstone County v. Pease, 96 F.3d 1169 (9th Cir.1996); Oneida In sent tribes not necessary for adjudication of the Agreement to which they were parties because their interests aligned with those of the United States the United States’ representation would not compromise any obligation it may have to the plaintiffs or other Indian tribes); Sac and Fox, 240 F.3d at 1259-60 (although alternatively finding lack of indispensability, the court first held the absent tribe not necessary given the identity of interests between it and the defendant Secretary of Interior; the challenged actions were those of the Secretary, allowing for adequate judgment; and the absence of an alternative forum); Marion, 211 F.R.D. at 638 (<HOLDING>). The final case cited, Oneida, is similarly Options: A. holding that judgment based on terms of settlement agreement must be interpreted under law of contracts rather than law of judgments B. holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party C. holding the state of kansas not necessary based on the terms of the settlement agreement at issue before going on to find in the alternative that it was not indispensable D. holding that the issue of the voluntariness of a settlement agreement is waived on appeal if not raised before the board E. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt

assistant: The best answer is C. holding the state of kansas not necessary based on the terms of the settlement agreement at issue before going on to find in the alternative that it was not indispensable
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 consents and approvals required to be obtained in connection with the transactions contemplated by the Joinder Documents have been obtained from (1) all relevant Governmental Authorities and (2) any other Person whose consent or approval is necessary or the Administrative Agent has reasonably deemed appropriate to effect such transactions.

assistant: Approvals
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 to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with, except in the case of an assignment pursuant to Section 9.09 , a processing and recordation fee in the amount of $3,500 (which fee shall in no event be payable by the Company); provided that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer shall, at all times during its activities on the Property, both during the Inspection Period and until the Closing, obtain and keep in full force and effect the insurance described below. In accordance with section (iv) below, prior to any entry onto the Property under this Agreement, and as evidence of specified insurance coverage, Buyer shall deliver to Seller certificates of such insurance or, at the request of Seller, copies of such insurance policies.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: properly. The Court will not vacate the order, docket # 18. 1 . Paragraphs 7 and 8 of Merck's motion state: On the Petition Date, along with his voluntary petition, the Debtor filed his schedules of assets and liabilities and statement of financial affairs. Despite Schedule B's requirement that debtor identify contingent and unliquidated claims of every nature, Mr. Miller affirmatively indicated that he had no such claims. Based upon those sworn schedules, on March 3, 2004, the Trustee filed a Report of No Distribution (the "Report''). [Emphasis supplied.] 2 . Bankruptcy Code § 1129(a)(6). 3 . Collier on Bankruptcy ¶ 541.08 (Matthew Bender & Co. 15th Ed. Rev.). 4 . Collier on Bankruptcy ¶ 554.03 (Matthew Bender & Co. 15th Ed. Rev.); In re Lehosit, 344 B.R. 782 (Bankr.N.D.W.Va.2006) (<HOLDING>); In re Hamlett, 304 B.R. 737 Options: A. holding that an undisclosed cause of action which existed at the time of filing remained an asset of the estate and allowing the debtor to reopen the case to formally schedule the cause of action B. holding that a cause of action for wrongful death is an asset of an estate C. recognizing cause of action D. holding that under the rule against splitting a cause of action a new claim for damages is not barred if the underlying cause of action had not accrued at the time of filing the previous lawsuit E. recognizing the cause of action

assistant: The best answer is A. holding that an undisclosed cause of action which existed at the time of filing remained an asset of the estate and allowing the debtor to reopen the case to formally schedule the cause of action
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 Party will from time to time and at all times hereafter make, do, execute, or cause or procure to be made, done and executed such further acts, deeds, conveyances, consents and assurances without further consideration, which may reasonably be required to carry out the intent and effect the transactions contemplated by this Agreement, including providing such information and support to the other Party as is reasonably requested by the other Party.

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 legal provision and list the applicable contract clause categories. Provision: Prior to delivery of the Shares purchased upon exercise of this Option, the Company shall determine the amount of any United States federal, state and local income taxes, if any, which are required to be withheld under applicable law and shall, as a condition of exercise of this Option and delivery the Shares purchased upon exercise of this Option, collect from the Employee the amount of any such taxes in any manner permitted by the Plan.

assistant: Withholdings
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 may establish an account with registration data provided to linden lab by a third party who provides a gateway to our service through the use of an api , in which case you may have a separate , additional account relationship with such third party .

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: As a condition of the granting of the Option , the Optionee and each person who succeeds to the Optionee’s rights hereunder, agrees that any dispute or disagreement which shall arise under or as a result of or pursuant to this Option shall be determined by the Committee in its sole discretion and that any interpretation by the Committee of the terms of this Instrument of Grant shall be final , binding and conclusive . If no Committee is acting , its functions shall be performed by the Board of Directors , and each reference in this Option to the Committee shall, in that event , be deemed to refer to the Board of Directors .

assistant: Interpretations
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: not a “serious danger that a miscarriage of justice has occurred-that is, that an innocent person has been convicted.” Johnson, 302 F.3d at 150. Therefore, the District Court did not abuse its discretion in refusing to grant a new trial on the basis of the weight of evidence. VI. Coerced Verdict Based on Improper Jury Instruction After five days of deliberation, the jurors informed the District Judge that they were deadlocked. In response to their note, the Court gave a supplemental jury charge pointing out the importance of the case to both parties and the desirability of a verdict. The District Court also noted that the jury had “deliberated for only five days.” Following the charge, the jury deliberated for two more days and then returned a verdic 502 F.2d 914, 935-36 (3d Cir.1974) (<HOLDING>). Although the Supreme Court held in Allen that Options: A. holding that the jurors statement at one point during their deliberations that they might be unable to reach a unanimous verdict was a circumstance suggesting error was prejudicial B. holding that allen charge given by court was coercive and required a new trial C. holding that a statement that the jurors were not required to reach a verdict but should try to do so was not coercive D. holding that trial court was not required to instruct the jury to continue deliberations because despite jurors initial indication that the verdict was not hers she unequivocally affirmed the verdict in response to additional questions E. holding that under the circumstances the deception was so unfair as to be coercive

assistant: The best answer is C. holding that a statement that the jurors were not required to reach a verdict but should try to do so was not coercive
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: Within five (5) Business Days after request therefore by Lender, a monthly, quarterly or annual report, as the case may be, showing: (i) all sales of Timeshare Interests (including cash sales); (ii) all remaining available inventory of Units and Timeshare Interests; (iii) a schedule of sales prices; and (iv) all cancellations of sales of Timeshare Interests. Such reports shall be certified by Borrower to be true, correct and complete and shall be provided in a form to be reasonably approved by Lender.

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: Each Fixed Rate Note Holder agrees to keep confidential all non- public information provided to it by the Borrower or any Fixed Rate Note Holder pursuant to or in connection with this Agreement that is designated by the provider thereof as confidential; provided that nothing herein shall prevent any Fixed Rate Note Holder from disclosing any such information (a) to any other Fixed Rate Note Holder or any affiliate thereof, (b) to its employees, directors, agents, attorneys, accountants and other professional advisors or those of any of its affiliates, (c) upon the request or demand of any Governmental Authority, (d) in response to any order of any court or other Governmental Authority or as may otherwise be required pursuant to any Requirements of Law, (e) if requested or required to do so in connection with any litigation or similar proceeding, (f) that has been publicly disclosed, (g) to the National Association of Insurance Commissioners or the SVO, or, in each case, any similar organization or any nationally recognized rating agency that requires access to information about a Fixed Rate Note Holder’s investment portfolio in connection with ratings issued with respect to such Fixed Rate Note Holder, (h) in connection with the exercise of any remedy hereunder or under any other Note Document, or (i) if agreed by the Borrower in its sole discretion, to any other Person.

assistant: Confidentiality