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: or practice of the employer ... [which] is in violation of a law, or a rule or regulation ...” Abbamont, Barratt and Mehlman clearly involved complaints regarding actions of the employer. In Abbamont, it was the employer’s failure to provide a safe school environment; in Barratt, the employee accused the secondary employer of commercial bribery; in Mehlman, the employer was selling gasoline with an unhealthy benzene content. See also Delran Ed. Ass’n. v. Bd. of Educ., 277 N.J.Super. 538, 543-44, 650 A.2d 7 (App.Div.1994) (suggesting that retaliation against teacher for refusing to obey school superintendent’s order to give confidential pupil records to independent contractor would violate CEPA); Parker v. M & T Chemicals, Inc., 236 N.J.Super. 451, 460, 566 A.2d 215 (App.Div.1989) (<HOLDING>). Employers, of course, act through their Options: A. holding that retaliation against inhouse attorney for refusing to join a scheme to cheat a competitor is covered under cepa B. holding that a plaintiff can prove illegal retaliation under 1981 in the same manner as he establishes retaliation under title vii C. holding that interference and retaliation are two separate theories that can be advanced under the fmla and that termination is evidence of retaliation D. recognizing exceptions for retaliation against whistle blowers and retaliation against filers of workers compensation claims E. holding that but for standard applied to retaliation case brought under texas law

assistant: The best answer is A. holding that retaliation against inhouse attorney for refusing to join a scheme to cheat a competitor is covered under cepa
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 regards any Collateral, Debtor shall maintain a standard and modern system of accounting in accordance with generally accepted accounting principles, or such other accounting principles as agreed to by Lender, consistently applied. Debtor’s Books shall be accurate and complete. On Lender’s request, Debtor shall deliver to Lender copies of Debtor’s Books.

assistant: Records
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 Executive has incurred a Disability, the Company may give Executive written notice of its intention to terminate Executive’s employment. In such event, Executive’s employment with the Company shall terminate effective on the fourteenth (14 th ) calendar day after delivery of such notice to Executive; provided that, within the fourteen (14) calendar days after such delivery, Executive shall not have returned to full time performance of Executive’s duties. Executive may provide notice to the Company of Executive’s resignation on account of a Disability at any time.

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: All notices and other communications given or made pursuant to this Agreement shall be in writing and shall be deemed effectively given upon the earlier of actual receipt or: (i) personal delivery to the party to be notified; (ii) when sent, if sent by electronic mail or facsimile during the recipient's normal business hours, and if not sent during normal business hours, then on the recipient's next business day; (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after the business day of deposit with a nationally recognized overnight courier, freight prepaid, specifying next-day delivery, with written verification of receipt. All communications shall be sent to the respective parties at their addresses as set forth on Schedule A hereto, or to the principal office of the Company and to the attention of the Chief Executive Officer, in the case of the Company, or to such email address, facsimile number, or address as subsequently modified by written notice given in accordance with this Section 3.5 .

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: 207(e)(2) because plaintiffs did not incur these expenses while actually in transit. Id. But this is a hyper-literal interpretation of the term “traveling” and plaintiffs provide no applicable authority for such an interpretation. Ample authority, including federal regulations, case law, and Department of Labor (DOL) guidance, support the interpretation that “traveling” is not limited to the moments actually in transit, but include time spent “away from home” on an employer’s business. See, e.g„ 29 C.F.R. § 778.217(b) (providing examples of reimbursement of expenses that were not part of the regular rate, including “living expenses away from home”); Acton v. City of Columbia, Mo., No. 03-4159-CV-NKL, 2004 WL 2152297, at *6-7 (W.D.Mo. Sept. 10, 2004), aff'd, 436 F.3d 969 (8th Cir.2006) (<HOLDING>); U.S. Wage and Hour Division, Dep’t of Labor, Options: A. holding attorney fees may be allowed for expenses incurred for default B. holding that recovery for medical expenses incurred as result of accident depends on proof of necessity and reasonableness C. holding that an award for medical expenses is proper when the expenses have been incurred but not paid D. holding that payment for meal expenses firefighters incurred while away from home during a 24hour shift were properly excludable under 207e2 E. holding that appellate attorneys fees were incurred during the divorce proceedings and were awardable by the trial judge

assistant: The best answer is D. holding that payment for meal expenses firefighters incurred while away from home during a 24hour shift were properly excludable under 207e2
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: all disputes arising out of , relating to , or in connection with these terms or your use of the products that can not be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis , except that you and headspace are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights , trademarks , trade names , logos , trade secrets , or patents .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Jones, 117 Fla. 622, 158 So. 170 (1934) (“An act which is required to be accomplished by ordinance may not be accomplished by resolution.”)). It is clear that the action by the Town is an ordinance as defined under section 166.041(1)(a). In R14-05, the Town regulates the use of property in a manner that is both general and permanent. Further, it is neither a matter of administration for the Town nor an expression of a temporary character. Because the Town enacted R14-05 without following the requirements of section 166.041(3)(a) (notice in newspaper at least 10 days prior to adoption), the ordinance is void. Ellison v. City of Fort Lauderdale, 183 So.2d 193 (Fla.1966); Healthsouth Doctors’ Hosp. v. Hartnett, 622 So.2d 146 (Fla. 3d DCA 1993); see also Carlton v. Jones, 158 So. at 171 (<HOLDING>); Webb v. Town Council of Town of Hilliard, 766 Options: A. holding that directive not promulgated according to apa procedure lacks force and effect of law B. recognizing that a state courts determination is not an unreasonable application of law merely because it is erroneous C. recognizing a district courts discretion to dismiss a counterclaim alleging that a patent is invalid where it finds no infringement D. recognizing that when an ordinance is not published according to law it is invalid and of no effect E. holding that it is not

assistant: The best answer is D. recognizing that when an ordinance is not published according to law it is invalid and of no effect
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 of the Lenders (including in its capacity as a potential Hedge Bank or Cash Management Bank) and the Issuing Bank hereby irrevocably appoints Wells Fargo to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Lenders and the Issuing Bank, and neither the Borrower nor any Subsidiary shall have rights as a third party beneficiary of any of such provisions.

assistant: Authority
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 is made and entered into in the State of New Jersey, and shall in all respects be interpreted, enforced, and governed by and continued and enforced in accordance with the internal substantive laws (and not the laws of choice of laws) of the State of New Jersey applicable to contracts entered into and to be performed in New Jersey.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: time, is essentially moot. The whole issue of whether the Bankruptcy Court was acting without Jurisdiction in entering the Amended Final Judgment of Default hinges on the inclusion of the “execution issue” language that was included in the Amended Final Judgment of Default. The purpose of such language was to enable Appellee to enforce the judgment. However, at this time, Appellee is not in a position to execute upon or otherwise enforce its rights under the judgment because this Court, in Appeal Number 93-939-CIV-T-17B, set aside the Bankruptcy Court’s damage determination and remanded the case for an evi-dentiary hearing on damages. Such hearing has yet to take place and until is does this issue is essentially moot. See Mills v. Green, 159 U.S. 651, 16 S.Ct. 132, 40 L.Ed. 293 (1895) (<HOLDING>). CONCLUSION This Court has carefully reviewed Options: A. holding that when an appellate court determines that it lacks jurisdiction the only thing it can do is dismiss the appeal B. holding that an appeal is properly dismissed as moot when an appellate court lacks power to provide an effective remedy for the appellant should it find in his favor C. holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original D. holding that the appellant had an adequate remedy by appeal for his discovery violation allegations E. recognizing that an effective waiver is not an absolute bar to appellate review

assistant: The best answer is B. holding that an appeal is properly dismissed as moot when an appellate court lacks power to provide an effective remedy for the appellant should it find in his favor
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: 124 F.3d 123, 128 (2d Cir.1997). Moreover, the Seitzes rely heavily on the fact that Mr. Seitz told the Investigators that he was not depicted in the February 12 surveillance footage; he identified a small patch of hair under his mouth in his appearance on both February 10 and February 16 that was not present in the February 12 footage. The Seitzes allege that it was objectively unreasonable for the Investigators to ignore this exculpatory evidence. That is not, however, a proper legal conclusion. Although further action by DeQuarto and Andryshak might have spared Mr. Seitz arrest in this case, the police are under no obligation to investigate claims of innocence, even when the suspect alleges that his or her innocence is based on mistaken identity. See Panetta, 460 F.3d at 395-96 (<HOLDING>). Indeed, “a mistaken identity can provide the Options: A. holding the fact that officers belief proved to be mistaken does not negate a finding of probable cause B. holding that the dismissal of an indictment did not negate the presumption of probable cause C. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same D. holding that inconsistencies that are not sufficient to negate the showing of probable cause raise issues which are appropriate for determination at full trial in the requesting country E. holding that a suspects ability to proffer an innocent explanation for the facts does not negate probable cause

assistant: The best answer is E. holding that a suspects ability to proffer an innocent explanation for the facts does not negate probable cause
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: man,” N.H.S. JOUR. 537 (1969), by reimbursing employees for their legal expenses. Additionally, the legislature intended to discourage appeals by employers in workers’ compensation cases. See Seppala & Aho Constr. Co. v. Elton, 119 N.H. 634, 636, 406 A.2d 460, 462 (1979). This deterrent purpose suggests that an employer should not be relieved of its obligation to pay attorney’s fees simply because the employee belongs to an organization that provides legal representation as a membership benefit. Cf. Safeway Rental & Sales Co. v. Albina Engine & Machine Works, 343 F.2d 129, 134 (10th Cir. 1965) (reasoning that prevailing party’s liability insurance should not relieve negligent party of its obligation to indemnify for fees); Lesmark, Inc. v. Pryce, 334 F.2d 942, 945 (D.C. Cir. 1964) (<HOLDING>); Futrell v. Martin, 600 P.2d 777, 783 (Idaho Options: A. holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees B. holding nominal damages sufficient to establish prevailing party status but affirming denial of attorneys fees on ground that award of nominal damages does not usually entitle a prevailing party to fees under 28 usc 1988 C. holding that prevailing partys liability insurance and lack of responsibility for attorneys fees does not relieve losing party of obligation to indemnify for counsel fees D. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency E. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees

assistant: The best answer is C. holding that prevailing partys liability insurance and lack of responsibility for attorneys fees does not relieve losing party of obligation to indemnify for counsel fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any document relating to participation in the Plan or any notice required or permitted hereunder shall be given in writing and shall be deemed effectively given (except to the extent that this Agreement provides for effectiveness only upon actual receipt of such notice) upon personal delivery, electronic delivery at the e-mail address, if any, provided for the Participant by a Participating Company, or upon deposit in the U.S. Post Office or foreign postal service, by registered or certified mail, or with a nationally recognized overnight courier service, with postage and fees prepaid, addressed to the other party at the address of such party set forth in the Grant Notice or at such other address as such party may designate in writing from time to time to the other party.

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: for consecutive sentences that the [firearms sentencing] statute contains.”); United States v. Schweitzer 960 F.2d 405, 408 (5th Cir.1992) (“All of the United States Courts of Appeal have agreed that statutorily mandated sentences ... prevail over the guidelines when in apparent conflict.”), cert. denied, 506 U.S. 1003, 113 S.Ct. 609, 121 L.Ed.2d 544 (1992). But see United States v. Pardo, 25 F.3d 1187, 1193-94 (3d Cir.1994) (treating failure to appear as obstruction of justice enhancement to underlying fraud offense by applying grouping rules). The Sentencing Guidelines acknowledge that some statutes, like the firearms sentencing statute, 18 U.S.C. § 924(c), require the “imposition of a consecutive sentence.” U.S.S.G. § 3Dl.l(b). Statutes with such a requirement ar (M.D.Fla.1996) (<HOLDING>), aff'd mem., 136 F.3d 1330 (11th Cir.1998). Options: A. holding that where the commentary to a guideline is at odds with another provision of the guidelines the guideline prevails B. holding that commentary in the guidelines manual that interprets or explains a guideline is authoritative unless it violates the constitution or a federal statute or is inconsistent with or a plainly erroneous reading of that guideline C. holding that sentencing guidelines commentary which is interpretive and instructive to application of a guideline is binding on federal courts D. holding that commentary in sentencing guidelines that interprets or explains a guideline is authoritative unless it violates the constitution or a federal statute or unless it is plainly erroneous or inconsistent with the guideline it interprets E. holding that a sentencing guideline prevails over its commentary if the two are inconsistent

assistant: The best answer is A. holding that where the commentary to a guideline is at odds with another provision of the guidelines the guideline prevails
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: be substantively unconscionable. But in Jones, the Court struck down a one-sided arbitration provision in a short-term loan agreement which allowed the lender to enforce its rights in the circuit court but required the borrower to submit any counterclaims to arbitration. 696 N.W.2d at 220. Only one of the cases plaintiffs cite involves a franchise agreement. In Bolter v. Superior Court, 87 Cal.App.4th 900, 104 Cal.Rptr.2d 888 (2001), the Court struck down an arbitration clause in a franchise agreement that required the California franchisees to arbitrate their claims against the franchisee in Utah. All of the other cases upon which plaintiffs rely, however, involve consumer credit card or purchase agreements. See Coady v. Cross Country Bank, Inc., 299 Wis.2d 420, 729 N.W.2d 732 (2007) (<HOLDING>); Powertel v. Bexley, 743 So.2d 570 Options: A. holding that an arbitration provision in a credit card cardholder agreement was not unconscionable B. holding an entire arbitration clause is void and arbitration cannot be compelled where contract contained unconscionable clause and has a nonseverability clause C. holding arbitration clause in credit card agreement unconscionable D. holding that an arbitration clause was not unconscionable because it did not unreasonably favor the defendants E. holding that a credit card arbitration provision presented in a takeitorleaveitmanner was not unconscionable

assistant: The best answer is C. holding arbitration clause in credit card agreement unconscionable
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: School, Inc. v. Department of Education, 108 A.3d 192, 199 (Pa.Cmwlth.2015); and “where the legislature includes specific language in one section.of a statute and excludes it from another, it should not be implied where excluded,” Pennsylvania State Police, Bureau of Liquor Control Enforcement v. Prekop, 156 Pa.Cmwlth. 250, 627 A.2d 223, 226 (1993). It is presumed “[t]hat the General Assembly does not intend a result that is absurd, impossible of execution or unreasonable.” Section 1922(1) of the Statutory Construction Act, 1 Pa. C.S. § 1922(1). Lastly, where a statute imposes punishment, such as the suspension or revocation of a professional license, for specified acts, such statutes are penal in nature. See Pa. State Real Estate Comm’n v. Keller, 401 Pa. 454,165 A.2d 79, 80 (1960) (<HOLDING>). Section 1928(b)(1) of the Statutory Options: A. holding that the real estate brokers law which provided for the investigation of the acts of real estate brokers and the suspension or revocation of their licenses for specified acts is penal and must be strictly construed B. holding that a real estate brokers allegations of an oral contract with prospective purchasers stated a cause of action C. recognizing implied private action for violation of the real estate brokers and salesmen license act D. holding the real estate sale proceeds E. holding brokers were not entitled to commission where agreement provided commission was payable at closing of real estate transaction because brokers did not produce clients that closed

assistant: The best answer is A. holding that the real estate brokers law which provided for the investigation of the acts of real estate brokers and the suspension or revocation of their licenses for specified acts is penal and must be strictly construed
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: regardless of the previous paragraphs , if we are found to be liable , our liability to you or to any third party is limited to the greater of ( a ) any amounts due under the ebay money back guarantee up to the price the item sold for on ebay ( including any applicable sales tax ) and its original shipping costs , ( b ) the amount of fees in dispute not to exceed the total fees , which you paid to us in the 12 months prior to the action giving rise to the liability , or ( c ) $ 100 .

assistant: Limitation of liability
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: 681 F.2d 42, 49 (1st Cir.1982). In other words, “to toll the statute the action must be the case at bar, and not merely a somewhat related action arising from the same facts,” Ramirez de Arellano v. Alvarez de Choudens, 575 F.2d 315, 320 (1st Cir.1978). If these requirements are met, the filing of a complaint results in the statute of limitations running anew from the time that action comes to a definite end. Rodríguez-Garcia, 354 F.3d at 97. A pause is warranted to discuss the underlying policy behind this rule. This identicality requirement serves to prevent plaintiffs from circumventing the notice function of the statutes of limitations by asserting different claims in belated- federal court complaints. See Suzuki Motor Corp., 570 F.3d at 409; Rodríguez Narvaez, 895 F.2d at 43 (<HOLDING>). An extrajudicial letter must give fair notice Options: A. holding that statutes of limitations exist to prevent defendants from being surprised by longdormant causes of action B. holding that no private causes of action exist for violations of the ucpa C. holding that for requisite causal connection to exist the vehicle must be the instrumentality which caused the injury not merely a contribution which causes a condition which in turn causes the injury D. holding that statute of limitations did not prevent trustee from accounting for all transfers received by a claimant for purposes of selecting a distribution methodology including those that occurred outside the limitations period E. holding that statute of repose was not subject to toiling provision applicable to statute of limitations because among other reasons it would ignore fundamental distinctions between ordinary statutes of limitations and statutes of repose

assistant: The best answer is A. holding that statutes of limitations exist to prevent defendants from being surprised by longdormant causes 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: In consideration for Executive’s services hereunder and the restrictive covenants contained herein, Executive shall be paid an annual base salary as follows: 2018: $190,000; 2019: $200,000; and 2020: $250,000 (the “ Salary ”), which salary shall be payable commencing as of date hereof and shall be payable in accordance with Company’s customary payroll practices.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: A reasonable inference may be drawn from this evidence that it was “standard operating procedure” to obtain those examinations without seeking judicial authorization or notifying the parents; indeed, given the absence of any individualized suspicion of sexual abuse, it is difficult to imagine, on the basis of the record before us, why else the Wallis children would have been subjected to the invasive examinations. The Wallises also produced sufficient evidence to create a question of fact for the jury as to whether these customs and practices had a “direct causal link” to the deprivations of the Wallises’ constitutional rights detailed above. City of Canton v. Harris, 489 U.S. 378, 385, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989); Chew v. Gates, 27 F.3d 1432, 1444, 1456 (9th Cir.1994) (<HOLDING>); Jackson v. Gates, 975 F.2d 648, 654 (9th Options: A. holding that where no underlying constitutional violation occurred the city cannot be liable under monell B. holding that a city may be held liable on account of the unconstitutional conduct of city officials only if the citys policy or custom played a part in the violation C. holding that the policy or practice must be the direct cause or moving force behind the constitutional violation D. holding that a city may not be held liable under 1983 where there was no underlying constitutional violation by any of its officers E. holding that city may properly be held liable where policy is moving force behind constitutional violation

assistant: The best answer is E. holding that city may properly be held liable where policy is moving force behind constitutional violation
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: official with final poli-cymaking authority. See Vineyard v. County of Murray, 990 F.2d 1207, 1212 (11th Cir.1993); Floyd v. Waiters, 133 F.3d 786, 795-96 (11th Cir.1998) A claim concerning an isolated incident is generally insufficient to sustain a claim for failure to train because those officials who are responsible for creating a policy must be on notice of the constitutional deficiencies. In Wright v. Sheppard, 919 F.2d 665 (11th Cir.1990), the Eleventh Circuit held a sheriffs department could not be liable for the actions of a deputy unless there was evidence “of a history of widespread prior abuse” such that the sheriff was “on notice of the need for improved training or supervision.” 919 F.2d at 674. See also Church v. City of Huntsville, 30 F.3d 1332, 1342-46 (11th Cir.1994) (<HOLDING>); Popham v. City of Talladega, 908 F.2d 1561, Options: A. holding that proof of scienter is required to succeed on a claim under 1991a1 but not under 1991a2 or 1991a3 B. holding plaintiffs claims could not succeed without proof that the city had knowledge of prior incidents C. holding that 8 incidents of assault theft robbery or burglary on the premises and 80 similar incidents within a 2bloek area within the prior 3 years did not constitute special circumstances giving rise to a duty to protect D. holding that the knowledge requisite to knowing violation of a statute is factual knowledge as distinguished from knowledge of the law E. holding that claims against a city police chief in his official capacity were really claims against the city

assistant: The best answer is B. holding plaintiffs claims could not succeed without proof that the city had knowledge of prior incidents
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: Mr. Herring. Mr. Keppel then proceeded to Appellant’s residence, and Appellant admitted that he was involved in the incident. N.T. 5/12/99 at 158. At trial, Appellant testified that he did not stop his vehicle after he had hit Mr. Herring because he was angry and was afraid that he would make the situation worse. N.T. 5/12/99 at 191-192. Appellant admitted that he did not provide the necessary information until after he returned home and heard on his police scanner that the police were investigating the hit-and-run incident. N.T. 5/12/99 at 192. Based on these facts, we conclude that the requisites of the statute were not met. The Act requires something more than a driver providing the necessary information only after he learns that his identity might be discovered. Cf. Gosnell, supra (<HOLDING>). In addition to providing the necessary Options: A. holding that though there was no express statement that the appellant had committed perjury the clear impact of the specific language in nine sentences was that the appellant lied while under oath which weighed in favor of an actionable statement B. holding that evidence was insufficient to establish that appellant remained unlawfully on school property because as a minor appellant could not leave school without parental consent C. holding that where the appellant remained at the scene rendered aid and gave his name to the police the evidence was insufficient to convict him under section 3742 even though the appellant initially lied about his involvement in the accident D. holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement E. holding record insufficient to support inference appellant knew consequences of his plea when record is silent about whether appellant was actually informed that a guilty plea could result in his deportation

assistant: The best answer is C. holding that where the appellant remained at the scene rendered aid and gave his name to the police the evidence was insufficient to convict him under section 3742 even though the appellant initially lied about his involvement in the accident
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 LC Participant and Related Committed Purchaser shall indemnify and hold harmless the Administrator (but solely in its capacity as Administrator) and its respective officers, directors, employees, representatives and agents and the LC Bank (to the extent not reimbursed by the Seller, the Servicer or any Originator and without limiting the obligation of the Seller, the Servicer or any Originator to do so), ratably (based on its Commitment) from and against any and all liabilities, obligations, losses, damages, penalties, judgments, settlements, costs, expenses and disbursements of any kind whatsoever (including in connection with any investigative or threatened proceeding, whether or not the Administrator, the LC Bank or such Person shall be designated a party thereto) that may at any time be imposed on, incurred by or asserted against the Administrator, the LC Bank or such Person as a result of, or related to, any of the transactions contemplated by the Transaction Documents or the execution, delivery or performance of the Transaction Documents or any other document furnished in connection therewith; provided, however, that no LC Participant or Related Committed Purchaser shall be liable for any such liabilities, obligations, losses, damages, penalties, judgments, settlements, costs, expenses or disbursements resulting solely from the Administrator’s or the LC Bank’s gross negligence or willful misconduct of the Administrator or such Person as determined by final non-appealable judgment of a court of competent jurisdiction). Without limiting the generality of the foregoing, each LC Participant agrees to reimburse the Administrator and the LC Bank, ratably according to their Pro Rata Shares, promptly upon demand, for any out-of-pocket expenses (including reasonable counsel fees) incurred by the Administrator or the LC Bank in connection with the administration, modification, amendment or enforcement (whether through negotiations, legal proceedings or otherwise) of, or legal advice in respect of its rights or responsibilities under, this Agreement.

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: Sublessee shall not be entitled to sublet or assign all or any part of its interest in the Subleased Premises without the prior written consent of Landlord per the terms of the Primary Lease, which shall not be unreasonably withheld or delayed. Regardless of any assignment or sublease hereof, Sublessee shall at all times remain fully responsible and liable for compliance with its obligations under the terms of this Sublease.

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: For purposes of the Shares, Participant’s service will be considered terminated as of the date Participant is no longer providing services to Natus, its Parent or one of its Subsidiaries (regardless of the reason for such termination and whether or not later found to be invalid or in breach of employment laws in the jurisdiction where Participant is employed or the terms of Participant’s employment agreement, if any) (the “ Termination Date ”). The Committee shall have the exclusive discretion to determine when Participant is no longer actively providing services for purposes of the Shares (including whether Participant may still be considered to be providing services while on an approved leave of absence). Unless otherwise provided in this Agreement or determined by Natus, Participant’s right to vest in the Unvested Shares under the Plan, if any, will terminate as of the Termination Date and will not be extended by any notice period (e.g., Participant’s period of services would not include any contractual notice period or any period of “garden leave” or similar period mandated under employment laws in the jurisdiction where Participant is employed or the terms of Participant’s employment agreement, if any).

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 case excerpt and choose the best holding from the options. Case excerpt: This Court previously held that a claimant had elected a remedy, thus forgoing workers' compensation benefits, by settling a third-party claim without complying with the notice requirements of § 42-1-560, even though the carrier had actual knowledge of the third-party suit. Fisher, supra; see also Hardee v. Bruce Johnson Trucking Co., 293 S.C. 349, 354 — 355, 360 S.E.2d 522, 525 (Ct.App.1987)(discussing the facts of Fisher). Additionally, prior cases interpreting this statute have found that prejudice should not be considered. See Hudson, supra (finding claimant's prejudice argument ' 'unpersuasive, if in fact the question of prejudice is relevant at alT'(citing Stroy v. Millwood Drug Store, 235 S.C. 52, 109 S.E.2d 706 (1959)); Kimmer v. Murata, 372 S.C. 39, 640 S.E.2d 507 Options: A. holding that prejudice is not an element to be considered in regard to the failure to give mandated statutory notice B. holding that actual prejudice is not a necessary element of an insurers untimely notice defense C. holding that prejudice or injury is a necessary element of standing D. holding that causation is an essential element in failure to warn claim E. holding that the failure to instruct on a definition or to amplify an element is not a failure to instruct on an essential element

assistant: The best answer is A. holding that prejudice is not an element to be considered in regard to the failure to give mandated statutory notice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the statement by physical or psychological coercion or by improper inducement so that the suspect’s will was overborne.” United States v. Leon Guerrero, 847 F.2d 1363, 1366 (9th Cir.1988). See also Hutto v. Ross, 429 U.S. 28, 30, 97 S.Ct. 202, 50 L.Ed.2d 194 (1976) (per curiam). Beaty primarily argues that his confession was involuntary because he signed a confidentiality agreement, which promised that “all group communication” would be kept confidential. In particular, Beaty claims that Pens v. Bail, 902 F.2d 1464 (9th Cir.1990) (per curiam) presents materially identical circumstances. In Pens, the petitioner was convicted of rape and committed to the custody of a state hospital for “sexual psychopath treatment.” Id. at 1465. The petitioner was required to divulg 7 (9th Cir.1991) (<HOLDING>); United States v. Robinson, 439 F.2d 553, 560 Options: A. holding that payment made in reasonable belief that it was required by an insurance contract was involuntary B. holding that the defendants statement was involuntary because it was made during a court ordered mental examination and a state statute provided that such statements would remain confidential C. holding that a statement from a conversation admitted under the stateofmind exception to the hearsay rule was nontestimonial because it was private not made under examination not contained in a formalized document such as an affidavit deposition or prior testimony transcript and not made under circumstances in which an objective person would reasonably believe that the statement would be available for use at a later trial D. holding that the defendants statement was involuntary because federal officer made a direct promise of confidentiality E. holding that statements made during a compulsory psychological examination are admissible to rebut a defendants diminished capacity defense

assistant: The best answer is B. holding that the defendants statement was involuntary because it was made during a court ordered mental examination and a state statute provided that such statements would remain confidential
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall execute any and all further documents, financing statements, agreements and instruments, and take all further action (including filing Uniform Commercial Code, United States Patent and Trademark Office and other financing statements not later than one (1) business day after the Closing Date) that may be required under applicable law, or that the Purchasers may reasonably request, in order to effectuate the transactions contemplated by the Loan Documents and in order to grant, preserve, protect and perfect the validity of the security interests created or intended to be created by the Notes and the other Loan Documents. Subject to any express provision of this Agreement to the contrary, the Company will cause any existing or subsequently acquired or organized subsidiary to become a guarantor by executing a guaranty in substantially the form attached hereto as Exhibit D and a joinder to each applicable Loan Document in favor of the Purchasers. In addition, from time to time, the Company shall, at its cost and expense and subject to the terms of the Notes and the Subordination Agreement, promptly secure the Notes by pledging or creating, or causing to be pledged or created, perfected security interests with respect to such of its assets and properties as the Purchasers shall designate. Such security interests and Liens will be created under the Loan Documents and other security agreements, mortgages, deeds of trust and other instruments and documents in form and substance satisfactory to the Purchasers, and the Company shall deliver or cause to be delivered to the Purchaser all such instruments and documents as the Purchaser shall reasonably request to evidence compliance with this Section 6(c) . The Company agrees to provide such evidence as the Purchaser shall reasonably request as to the perfection of each such security interest and Lien. In furtherance of the foregoing, the Company will give prompt notice to the Purchasers of the acquisition by it or any of its subsidiaries of any property (or any interest in property) having a value in excess of $100,000.

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: Acquisition, (b) the funding of the Loans on the Effective Date, if any, (c) the execution and delivery of the Term Facility Credit Agreement and the funding of the loans under the Term Facility on the Effective Date, (d) the consummation of any other transactions in connection with the foregoing, (e) the repayment of the Existing Credit Agreement and (f) the payment of the fees and expenses incurred in connection with any of the foregoing.

assistant: Effective Dates
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 issuance and transfer of Shares in connection with the PSUs shall be subject to compliance by the Company and Participant with all applicable requirements of federal and state securities laws and with all applicable requirements of any stock exchange on which the Shares may be listed. No Shares of Common Stock shall be issued or transferred unless and until any then applicable requirements of state and federal laws and regulatory agencies have been fully complied with to the satisfaction of the Company and its counsel.

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: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby, including the filing of the Certificate of Designation and the issuance of the Preferred Shares and the Underlying Shares, do not and will not (i) violate any provision of the Certificate or Bylaws, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, mortgage, deed of trust, indenture, note, bond, license, lease agreement, instrument or obligation to which the Company or any of its subsidiaries is a party or by which the Company’s or any of its subsidiaries’ properties or assets are bound, (iii) create or impose a pledge, lien, mortgage, security interest, charge or other encumbrance of any nature on any property or asset of the Company or its subsidiaries under any agreement or any commitment to which the Company or any of its subsidiaries is a party or by which the Company or any of its subsidiaries is bound or by which any of its properties or assets are bound, or (iv) result in a violation of any federal, state, local or foreign statute, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations) applicable to the Company or any of its subsidiaries or by which any property or asset of the Company or any of its subsidiaries is bound or affected, except, in all case of clauses (i) or (iv) (with respect to federal and state securities laws) above, for such conflicts, defaults, terminations, amendments, acceleration, cancellations and violations as would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Company is not required under federal, state, foreign or local law, rule or regulation to obtain any consent, approval, license, authorization or order of, or make any declaration, filing or registration with, any court or governmental agency in order for it to execute, deliver or perform any of its obligations under the Transaction Documents or issue and sell the Securities in accordance with the terms hereof or thereof (other than any filings which may be required to be made by the Company with the Securities and Exchange Commission (the “ Commission ”) and/or FINRA prior to or subsequent to the Closing, or state securities administrators subsequent to the Closing, or any registration statement which may be filed pursuant hereto or thereto).

assistant: No Conflicts