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: County had a pattern and practice of applying excessive force in the context of mental health extractions. This Circuit recently reiterated in the case of Pineda v. Toomey that a supervisory official may be held liable under § 1983 as a secondary violator for the behavior of his subordinates only if: (1) the behavior of [his] subordinates results in a constitutional violation, and (2) the [supervisor]^ action or inaction was affirmativefly] link[ed] to that behavior in the sense that it could be characterized as supervisory encouragement, condonation or acquiescence or gross negligence amounting to deliberate indifference. 533 F.3d 50, 54 (1st Cir.2008) (quoting Lipsett v. Univ. of P.R., 864 F.2d 881, 902 (1st Cir.1988)); see also Camilo-Robles v. Zapata, 175 F.3d 41, 44 (1st Cir.1999) (<HOLDING>). Moreover, “[t]o succeed on a supervisory Options: A. holding that where plaintiff brings 1983 claim against a defendantsupervisor liability attaches if the responsible official supervises trains or hires a subordinate with deliberate indifference toward the possibility that deficient performance of the task eventually may contribute to a civil rights deprivation B. holding that liability under 1983 can be established by showing that the defendants either personally participated in a deprivation of the plaintiffs rights or caused such a deprivation to occur C. holding that a failure to adequately train will only result in 1983 liability where that failure amounts to a deliberate indifference to the rights of persons with whom the police come into contact D. holding that a supervisor with no personal involvement may be liable for the constitutional violation of a subordinate for culpable action or inaction in the training supervision or control of his subordinates acquiescence in the constitutional deprivation or reckless or callous indifference to the rights of others E. recognizing a claim for civil liability against municipalities under 1983

assistant: The best answer is A. holding that where plaintiff brings 1983 claim against a defendantsupervisor liability attaches if the responsible official supervises trains or hires a subordinate with deliberate indifference toward the possibility that deficient performance of the task eventually may contribute to a civil rights 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 legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Credit Parties herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, the Collateral Trustee or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Section 2.11, Section 2.12 and Section 10.03 and Article IX shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the behest of the state. Koon, 34 F.3d at 1438. This he cannot do. It is true that the El Dorado County prosecutor in charge of the state criminal action against Price subsequently pursued the federal forfeiture action as a “Special Assistant United States Attorney,” while still on the county payroll. But this fact, without more, is not sufficient to allege a “sham” prosecution. Close coordination between state and federal authorities, including “the employment of agents of one sovereign to help the other sovereign in its prosecution,” does not implicate the Double Jeopardy Clause. United States v. Figueroa-Soto, 938 F.2d 1015, 1020 (9th Cir.1991), cert. denied, 502 U.S. 1098, 112 S.Ct. 1181, 117 L.Ed.2d 424 (1992); accord United States v. Paiz, 905 F.2d 1014, 1024 (7th Cir.1990) (<HOLDING>), cert. denied, 499 U.S. 924, 111 S.Ct. 1319, Options: A. holding that investigation was insufficient prior to prosecution for forgery of check B. holding that a 1983 due process claim that essentially contests the fairness of the plaintiffs prosecution is similar to his malicious prosecution claim and claims resembling malicious prosecution do not accrue until the prosecution has terminated in the plaintiffs favor C. holding that the fact that an indiana prosecutor was later designated a special deputy united states attorney for purposes of the federal prosecution was insufficient to establish a sham prosecution D. holding that foreign states prosecution did not bar subsequent florida prosecution for same conduct E. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process

assistant: The best answer is C. holding that the fact that an indiana prosecutor was later designated a special deputy united states attorney for purposes of the federal prosecution was insufficient to establish a sham prosecution
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 Plan shall inure to the benefit of and be binding upon the beneficiaries, heirs, executors, administrators, successors and assigns of the Company and the Participants, and any successor to the Company or an Affiliate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Medical Center, 184 F.3d 623, 632 (7th Cir.1999) (Payton). Although the origins of the doctrine are in corporate law, the majority of district courts in the Seventh Circuit apply the concept to § 1983 cases. See Stenson v. Town of Cicero, No. 03-cv-6642, 2005 WL 643334, at *8 (N.D.Ill. Mar. 15, 2005) (citing Tabor v. City of Chicago, 10 F.Supp.2d 988, 994 (N.D.Ill.1998) (collecting cases)). Notably, in Payton, the Seventh Circuit applied the intra-corporate conspiracy doctrine outside of the corporate context. Payton, 184 F.3d. at 632-33 (“Although Wright [v. Illinois Dept. of Children & Family Services, 40 F.3d 1 oyed by the District, are part of the same governmental entity. See Cromley v. Bd. of Educ. of Lockport Tp. High School Dist. 205, 699 F.Supp. 1283, 1292 (N.D.Ill.1988) (<HOLDING>). Mnyofu further argues that the intracorporate Options: A. holding that petitioners status as school board members does not permit them to step into the shoes of the school board and invoke its right to appeal B. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours C. holding that intraconspiracy doctrine applied to plaintiffs claims against school board teacher school principal and district superintendent D. holding that suspended school superintendent was not entitled to due process guarantees afforded discharged certified school personnel E. recognizing employeremployee relationship between county school board and teacher

assistant: The best answer is C. holding that intraconspiracy doctrine applied to plaintiffs claims against school board teacher school principal and district superintendent
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: at night a few days after a homicide occurred in the area, the driver slumping down in his seat either before or after spotting law enforcement, driving in a peculiar, although entirely legal, manner, and the fact that defendant’s car was not registered to an address in the immediate area. 408 Md. 490, 970 A.2d 894 (2009). The Court reasoned that the combination of factors, viewed in their totality, are no more indicative of criminal activity than any one factor assessed individually. [The officer] testified only that he considered what he observed to be suspicious; he did not illuminate how his training and experience caused him to believe that what he observed revealed possible criminal activity. Id. at 511, 970 A.2d 894. See also Ransome v. State, 373 Md. 99, 816 A.2d 901 (2003) (<HOLDING>). Contrary to Crosby and Ransome, in Graham v. Options: A. holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law B. holding that an officer stopped the defendant when he ordered the defendant to take his hand out of his pocket C. holding that the defendant was not seized when two officers approached the defendant on a public street and asked him questions D. holding that a generalized suspicion of those questioned in highcrime area was insufficient to justify terry frisk E. holding that law enforcement did not have sufficient reasonable suspicion to either stop or frisk the defendant when the defendant was in a highcrime area had a large bulge in his pants pocket and acted nervously when approached by officers

assistant: The best answer is E. holding that law enforcement did not have sufficient reasonable suspicion to either stop or frisk the defendant when the defendant was in a highcrime area had a large bulge in his pants pocket and acted nervously when approached by officers
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. BBC, Inc., 575 F.Supp. 1354, 1357 (S.D.Ohio 1983)). Here, Defendant contracted for employment with an Ohio corporation and performed duties on the corporation’s behalf inside and outside of the state. The status of Defendant as an employee relates directly to the matters at issue in this case. A nexus exists between the business dealings of Defendant and Plaintiff that produced the Agreement and the continuing contractual obligations created by the Agreement. Moreover, Defendant’s breach of the Agreement gives rise to the cause of action. The Sixth Circuit has held that “if the cause of action is for breach of that contract [with an Ohio resident] ... then the cause of action naturally arises from the defendant’s activities in Ohio.” Cole v. Mileti, 133 F.3d 433, 436 (6th Cir.1998) (<HOLDING>). Defendant established a significant ongoing Options: A. recognizing that the ohio longarm statute does not extend to the limits of due process and focusing the inquiry on whether defendant established sufficient business contacts with ohio B. holding that north carolinas longarm statute extends to the limits of due process C. holding that the defendants contacts with ohio were sufficient to support the exercise of jurisdiction where defendant consciously reached out from texas to ohio to subscribe to compuserve and sold his software over compuserves ohiobased system D. holding personal jurisdiction did not exist over the londonbased international amateur athletic federation iaaf despite the fact that its member organization in the usa had minimum contacts with ohio where the plaintiffs contract claim did not arise out of iaafs contacts with ohio E. holding that a maryland court could not exercise jurisdiction over an ohio lawyer when a maryland client initiated five of seven contacts with the lawyer the parties created the attorneyclient relationship in ohio and the attorneyclient relationship involved only events in and the law of ohio

assistant: The best answer is A. recognizing that the ohio longarm statute does not extend to the limits of due process and focusing the inquiry on whether defendant established sufficient business contacts with ohio
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in announcing its decision explicitly discussed accomplice liability and specifically referenced Utah Code section 76-2-202 entitled, "Criminal responsibility for direct commission of offense or for conduct of another," see Utah Code Ann. § 76-2-202 (2008). 10 . Although a party is not required to file a postjudgment motion before the trial court as a prerequisite to filing an appeal, see Sittner v. Schriever, 2000 UT 45, ¶¶ 15-16, 2 P.3d 442, nor does reference to the issue in such a filing necessarily preserve the point for appeal, see LeBaron & Assocs., Inc. v. Rebel Enters., Inc., 823 P.2d 479, 484 (Utah Ct.App.1991), raising the issue after disposition would have afforded the juvenile court an opportunity to address the issue. Cf. State v. Belgard, 830 P.2d 264, 265-66 (Utah 1992) (<HOLDING>). 11 . I agree with the concurring opinion that Options: A. holding that issues raised and dealt with in posttrial evidentiary hearings may be preserved for appeal B. holding that issues must be raised and ruled upon in the trial court to be preserved for appellate review C. holding issues not raised before the district court are not preserved for appeal D. holding that issues not raised in the trial court may not be raised later on appeal E. holding that issues must be briefed to be preserved on appeal

assistant: The best answer is A. holding that issues raised and dealt with in posttrial evidentiary hearings may be preserved for appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, except to the extent that matters of title, creation, perfection or priority of the security interests granted hereby or procedural issues of foreclosure are required to be governed by the laws of the state in which the Collateral or any part thereof is located.

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: improper amendment of the initial charges and that, because the initial charges had been dismissed, the subsequent charges should have been dismissed as well. In support of his position, Casady cites Fajardo v. State, 859 N.E.2d 1201 (Ind. 2007), in which our supreme court held that substantive amendments to a felony charging information must be made no later than thirty days before the omnibus date. Id. at 1207 (citing Ind.Code § 35-34-1-5(b)). Here, however, the State did not amend the charging information; it instead filed additional charges based upon additional acts of voyeurism and eventually dismissed the original charges. We therefore disagree with Casady that the holding in Fajardo is applicable to the present case. See Malone v. State, 702 N.E.2d 1102, 1104 (Ind.Ct.App.1998) (<HOLDING>). Still, although the State is generally free Options: A. holding that the speedy trial clock for state charges did not begin to run when the defendant was taken into custody by federal authorities on federal charges but rather when he was indicted for the state charges B. holding that a defendant is not entitled to automatic discharge upon the expiration of speedy trial even though he was not provided actual notice that the charges were refiled C. holding that trial court improperly dismissed charges pretrial because the state did not disclose the identity of a confidential informant D. holding that 1983 claims accrued when all charges were dismissed rather than a previous date on which the conviction was vacated on the theory that the charges remained pending until the dismissal E. holding that indiana code section 353415b was not implicated where state did not amend original charging information but instead dismissed original charges and refiled new charges

assistant: The best answer is E. holding that indiana code section 353415b was not implicated where state did not amend original charging information but instead dismissed original charges and refiled new charges
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: use the service , without the company 's express written consent , for any commercial or unauthorized purpose , including communicating or facilitating any commercial advertisement or solicitation or spamming ;

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: No provision of this Agreement may be modified or waived except in a document signed by the Executive and the Company's Chief Executive Officer or other person designated by the Company's Board of Directors. This Agreement, and any attachments referenced in the Agreement, constitute the entire agreement between the Parties regarding the employment relationship described in this Agreement, and any other agreements are terminated and of no further force or legal effect. No agreements or representations, oral or otherwise, with respect to the Executive's employment relationship with the Company have been made or relied upon by either Party which are not set forth expressly in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not “serious” enough to require the protection of that a constitutional guaranty of jury trial does not apply to proceedings to punish for contempt of court whether in a court of law, a court of equity, a court having criminal jurisdiction, or other court.” Pass v. State, 181 Tenn. 613, 184 S.W.2d 1, 3 (1944) (internal quotation marks omitted); see also Ahern v. Ahern, 15 S.W.3d 73, 82 (Tenn.2000). Additionally, unlike criminal prosecutions, general contempt proceedings do not require an indictment and subsequent' prosecution by the State. Tenn. R.Crim. P. 42(b)(2); Green v. United States, 356 U.S. 165, 185-86, 78 S.Ct. 632, 2 L.Ed.2d 672 (1958), overruled in part on other grounds by Bloom, 391 U.S. at 196 n. 1, 198, 88 S.Ct. 1477; State v. Wood, 91 S.W.3d 769, 773 (Tenn.Ct.App.2002) (<HOLDING>). Contempt proceedings are often initiated upon Options: A. holding that the sixth amendment right to counsel attaches at the time of a formal charge which we construe to be an arrest warrant or at the time of the preliminary hearing in those rare cases where a preliminary hearing is not preceded by an arrest warrant or by indictment or presentment when the charge is initiated by the grand jury quoting state v mitchell 593 sw2d 280 286 tenn 1980 B. recognizing that an indictment may be dismissed in part C. holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment D. recognizing that criminal contempt is not initiated by an indictment or presentment E. holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment

assistant: The best answer is D. recognizing that criminal contempt is not initiated by an indictment or presentment
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 the Executive’s employment hereunder is terminated due to his death, the Company’s sole obligation hereunder shall be to pay the Accrued Obligation to the person or persons designated in writing by the Executive to receive such payment, or if no such designation was made, to the Executive’s estate. In addition, that portion of any Equity Awards that is unvested on the Termination Date shall be deemed vested on the Termination Date and Options shall remain outstanding through the remainder of the original term of such Options.

assistant: Death
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 the event any provision of the Plan is held invalid or illegal for any reason, any illegality or invalidity will not affect the remaining parts of the Plan, but the Plan will be construed and enforced as if the illegal or invalid provision had never been inserted, and the Corporation will have the privilege and opportunity to correct and remedy such questions of illegality or invalidity by amendment as provided in the Plan, including, but not by way of limitation, the opportunity to construe and enforce the Plan as if such illegal and invalid provision had never been inserted herein.

assistant: Severability
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: habeas relief, and Lopez was deported to Guatemala once again on February 28, 2002. Lopez now appeals the denial of his habeas petition. II. A. Jurisdiction The INS asserts that we lack jurisdiction to address this appeal. The INS argues that Lopez cannot satisfy the “in custody” requirement under habeas corpus jurisprudence. Alternatively, the INS asserts that a final order of removal or its reinstatement may be challenged only in the appropriate court of appeals through a petition for review filed within thirty days of the date of the order. We first note that the “in custody” requirement of the habeas statute is satisfied as long as the petitioner was in custody at the time he filed his habeas petition. Carafas v. LaVallee, 391 U.S. 234, 238-40, 88 S.Ct. 1556, 20 L.Ed.2d 554 (1968) (<HOLDING>); Beets v. Iowa Dep’t of Corr. Servs., 164 F.3d Options: A. holding petitioner not entitled to habeas relief on claim state court improperly used petitioners prior federal offense to enhance punishment B. holding habeas petitioners may show cause for such default in specific circumstances in states that require petitioners to raise iatc claims in initial state habeas proceedings rather than on direct appeal C. holding that the federal role in reviewing an application for habeas corpus is limited to evaluating what occurred in the state or federal proceedings that actually led to the petitioners conviction what occurred in the petitioners collateral proceeding does not enter into the habeas proceeding D. holding that once federal jurisdiction has attached it is not defeated by the petitioners release prior to completion of the proceedings on his habeas application E. holding that a federal district court has jurisdiction to stay an execution prior to the filing of a formal habeas corpus petition

assistant: The best answer is D. holding that once federal jurisdiction has attached it is not defeated by the petitioners release prior to completion of the proceedings on his habeas application
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 failure of the Company to enforce at any time any term of this Appendix C shall not be construed to be a waiver of such term or of any other term. Any waiver or modification of the terms of this Appendix C will only be effective if reduced to writing and signed by both the Employee and the President or Chief Executive Officer of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: so by the presence of Sherman’s foot in the doorway. For these reasons, it is clear, as the Ohio Court of Appeals found, that Cummings’ “attempt to close the door constituted a termination of the consensual encounter, and communicated his lack of consent to any further intrusion by the officers.” Cummings, supra, 2002 WL 57979 at *4. Defendants contend, as did the State in response to Cummings’ motion to suppress, that when Cummings shut the door on Sherman’s foot, the officers had probable cause to believe that Cummings had committed the crime of assault, and any entry into his home to seize him was justified by exigent circumstances under the hot pursuit of a fleeing felon exception to the warrant requirement. See, e.g., United States v. Williams, 354 F.3d 497, 503 (6th Cir.2003) (<HOLDING>). We agree with the Ohio Court of Appeals that Options: A. recognizing exigent circumstance exception to warrant requirement B. recognizing hot pursuit exception as one example of exigent circumstances exception C. recognizing exception D. recognizing the searchincidenttoarrest exception to the warrant requirement E. recognizing hot pursuit of a fleeing felon as an exigency exception to the warrant requirement

assistant: The best answer is E. recognizing hot pursuit of a fleeing felon as an exigency exception to the warrant requirement
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: You acknowledge and agree that, as a result of your employment, you will have access to trade secrets and other confidential or proprietary information of the Company and its customers and vendors (“ Confidential Information ”). Such information includes, but is not limited to: (i) customers and clients and customer or client lists, (ii) accounting and business methods, (iii) services or products and the marketing of such services and products, (iv) fees, costs and pricing structures, (v) designs, (vi) analysis, (vii) drawings, photographs and reports, (viii) computer software, including operating systems, applications and program listings, (ix) flow charts, manuals and documentation, (x) databases, (xi) inventions, devices, new developments, methods and processes, whether patentable or unpatentable and whether or not reduced to practice, (xii) copyrightable works, (xiii) all technology and trade secrets, and (xiv) all similar and related information in whatever form. You agree that you shall not disclose or use at any time, either during your employment with the Company or thereafter, any Confidential Information, except to the extent that such disclosure or use is directly related to the Company’s business, or unless required to by law, or unless and to the extent that the Confidential Information in question has become generally known to and available for use by the public other than as a result of your acts or omissions to act. In addition, you further agree that any invention, design or innovation that you conceive or devise from your use of Company time, equipment, facilities or support services belong exclusively to the Company, and that it may not be used for your personal benefit, the benefit of a competitor, or for the benefit of any person or entity other than the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Because the hearing examiner had the jurisdiction and authority to reduce Leal’s indefinite suspension to a 644-day temporary suspension without pay, we reverse the trial court’s summary judgment in Leal’s favor in Cause No.2003-CVQ-001720-D2 and render judgment reinstating the hearing examiner’s decision. And, because Dovalina established his qualified immunity from Leal’s procedural and substantive due process claims, we reverse the trial court’s summary judgment in favor of Leal in Cause No.2001-CVQ-000765-D2 and render judgment in Dovalina’s favor. However., we do not have jurisdiction over the City of Laredo’s appeal in Cause No.2001-CVQ-000765~D2 and therefore dismiss the City’s appeal. See Bexar County v. Giroux-Daniel, 956 S.W.2d 692, 695 (Tex.App.-San Antonio 1997, no pet.) (<HOLDING>). Leal’s substantive and procedural due process Options: A. holding that the court lacked jurisdiction over statelaw tort claims on an interlocutory appeal from a denial of qualified immunity B. holding that local school boards were not entitled to eleventh amendment immunity even though entitled to sovereign immunity in the same degree as the state itself from tort suits C. holding that qualified immunity is not merely immunity from damages but also immunity from suit D. holding that defendants are not entitled to qualified immunity E. holding a local government sued under 1983 has no immunity even if its employee is entitled to qualified immunity and the court of appeals does not have jurisdiction over the local governments interlocutory appeal

assistant: The best answer is E. holding a local government sued under 1983 has no immunity even if its employee is entitled to qualified immunity and the court of appeals does not have jurisdiction over the local governments interlocutory appeal
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: without derogating from the aforesaid , onavo and its licensors make no representation , warranty , or guaranty as to the reliability , timeliness , quality , suitability , truth , availability , accuracy or completeness of the services , the onavo tools or any content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: argues that the defendant has waived the physician-patient privilege by his alleged intent to introduce expert testimony rebutting the State's evidence of the defendant’s intoxication. The defendant responds that his expert does not intend to rely on the medical records at issue here in giving his opinions. Although the State’s waiver argument is addressed to the applicability of section 622.10, an issue we do not address, we consider the State's argument anyway because it is also relevant to the issue of whether the defendant has waived his right to control the release of his medical records. We think it is clear that the defendant's action in rebutting the State's evidence would not serve to waive the statutory privilege. See Chung v. Legacy Corp., 548 N.W.2d 147, 150 (Iowa 1996) (<HOLDING>). Similarly, we hold that the defendant’s Options: A. holding that the concealment of ones identity does not toll the running of the statute of limitations B. holding that a complete prohibition against an opponents use of in camera review to establish the applicability of the crimefraud exception to the attorneyclient privilege is inconsistent with the policies underlying the privilege C. holding that the denial of an element or factor of ones opponents case does not operate as a waiver of the section 62210 privilege D. holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver E. holding that voluntary testimony before a grand jury did not waive the privilege at trial because it is settled that a waiver of the fifth amendment privilege is limited to the particular proceeding in which the waiver occurs

assistant: The best answer is C. holding that the denial of an element or factor of ones opponents case does not operate as a waiver of the section 62210 privilege
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 arbitral tribunal is authorized to award costs of the arbitration in its award, including: (a) the fees and expenses of the arbitrators; (b) the costs of assistance required by the tribunal, including its Experts; (c) the fees and expenses of the administrator; (d) the reasonable costs for legal representation of a Party; and (e) any such costs incurred in connection with an application for interim or emergency relief and to allocate those costs between the parties to the Dispute. The costs of the arbitration proceedings, including attorneys’ fees, shall be borne in the manner determined by the arbitral tribunal.

assistant: Costs
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: is not available as a defense to claims alleging medical malpractice in providing subsequent treatment. In Jensen v. Archbishop Bergan Mercy Hosp., 236 Neb. 1, 15, 459 N.W.2d 178, 186-87 (1990), where a patient failed to follow the instructions of his doctor to lose weight, and his weight problem was causally related to a pulmonary embolism for which he obtained negligent treatment, the defense of contributory negligence was held inapplicable in a medical malpractice case “when a patient’s conduct provides the occasion for medical attention, care, or treatment ... or when the patient’s conduct contributes to an illness or condition for which the patient seeks the medical attention, care, or treatment on which a subsequent medical malpractice claim is based.” Likewi ist.Ct.App.1981) (<HOLDING>); Matthews v. Williford, 318 So.2d 480, 483 Options: A. holding that plaintiffs claim that medical providers did not comply with baker act was not subject to medical malpractice statutes ajlthough a medical diagnosis is necessary in order to involuntarily commit a patient the process of complying with the statute does not require medical skill or judgment B. holding that fault may not be assessed against a patient in a medical malpractice action in which a patients negligent conduct provides only the occasion for the medical attention care or treatment which is the basis for the action where the defendant doctor was treating the plaintiff patient for injuries sustained in a car accident negligently caused by the plaintiff who was driving while intoxicated C. holding that the medical review panel is authorized to review the medical records and other submitted material pertaining to each defendants treatment of a patient and that while a medical malpractice plaintiff must as a prerequisite to filing suit present the proposed complaint for review and expert opinion by a medical review panel there is no requirement for such plaintiff to fully explicate and provide the particulars or legal contentions regarding the claim D. holding that conduct by the plaintiff contributing to his illness or medical condition and furnishing the occasion for medical treatment is not a defense to medical malpractice where a doctor negligently treated a man who had attempted to commit suicide E. holding that because the warden and medical treatment director lacked medical expertise they cannot be liable for the medical staffs diagnostic decision not to refer plaintiff to a doctor to treat his shoulder injury

assistant: The best answer is D. holding that conduct by the plaintiff contributing to his illness or medical condition and furnishing the occasion for medical treatment is not a defense to medical malpractice where a doctor negligently treated a man who had attempted to commit suicide
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: It will not make any change to its name (within the meaning of Section 9-507 of any applicable enactment of the UCC), type or jurisdiction of organization or location of its books and records unless, at least thirty (30) days prior to the effective date of any such name change, change in type or jurisdiction of organization, or change in location of its books and records it notifies the Servicer and the Administrative Agent thereof and (except with respect to a change of location of books and records) delivers to the Administrative Agent (i) such financing statements (Forms UCC-1 and UCC-3) which the Administrative Agent may reasonably request to reflect such name change, or change in type or jurisdiction of organization, (ii) if the Administrative Agent shall so request, an opinion of counsel, in form and substance reasonably satisfactory to such Person, as to the perfection and priority of the Administrative Agent’s ownership of and security interest in the Transferred Receivables and Related Rights (for the benefit of the Owners) and (iii) such other documents, agreements and instruments that the Administrative Agent may reasonably request in connection therewith.

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: THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF NEVADA, WITHOUT REGARD TO THE CHOICE OF LAW RULES OF THAT STATE. ALL LAWSUITS, ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING FROM OR RELATED TO THIS AGREEMENT SHALL EXCLUSIVELY BE BROUGHT TO AND ADJUDICATED IN THE COURTS OF CLARK COUNTY, NEVADA.

assistant: Applicable 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: Subject to Section 9 hereof, to the extent that the Option has become vested and exercisable with respect to a number of Shares as provided herein, the Option may thereafter be exercised by the Participant, in whole or in part, at any time or from time to time prior to the expiration of the Option as provided herein and in accordance with Sections 7.5 and 7.6 of the Plan. No Shares resulting from the exercise of an Option shall be issued until full payment therefore has been made as set forth in the Plan.

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 legal provision and list the applicable contract clause categories. Provision: The headings of each section of this Guarant y are for convenience only and shall not define or limit the provisions thereof. This Guaranty and all rights and obligations hereunder shall be binding upon the Guarantor and its respective successors and assigns , and shall inure to the benefit of the Creditor and its successors and assigns. If any term of this Guaranty shall be held to be invalid , illegal or unenforceable , the validity of all other terms hereof shall in no way be affected thereby , and this Guaranty shall be construed and be enforceable as if such invalid, illegal or unenforceable term had not been included herein. The Guarantor acknowledges receipt of a copy of this Guaranty. This Guaranty may be amended , modified or supplemented only by a writing executed by Guarantor against whom enforcement is sought and Creditor. Any party may in writing waive any provision of this Guaranty to the extent such provision is for the benefit of the waiving party. This Guaranty embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Guaranty , and supersedes all prior agreements , understanding s , negotiations , representations and discussions , whether verbal or written , of the parties , pertaining to that subject matter.

assistant: Miscellaneous
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: MHI Inc., the Partnership, and any escrow agent or transfer agent shall be entitled to deduct and withhold from the Share Consideration payable pursuant to this Agreement such amounts as such Person is required to deduct and withhold under the Code or any provision of U.S. state or local or non-U.S. Tax Law. To the extent that amounts are so deducted and withheld and paid over to the applicable Taxing Authority by , such withheld amounts shall be treated for all purposes of this Agreement as having been paid to the Person in respect of which such deduction and withholding was made.

assistant: Tax 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 case excerpt and choose the best holding from the options. Case excerpt: out that the regulations in Adarand, like the Commission’s regulations here, “did not require or obligate” private entities to adopt a racial preference, but merely “provided a financial incentive to bidding contractors to grant such a preference.” 154 F.3d at 491. “Nonetheless,” according to the panel, “the Supreme Court treated the regulations as a racial classification, and did not even pause to consider the suggestion that the absence of a compelled racial preference makes strict scrutiny inapposite.” Id. In Adarand, however, the core of the equal protection challenge was not that the system of bonuses provided an incentive for prime contractors to grant a racial preference in subcontracting, but that the bonuses directly put minority-owned subcontractors in ¶¶ 13-17 (1990) (<HOLDING>) (citation omitted). Because minority hiring is Options: A. holding that almost a year between plaintiffs eeo activity and the adverse employment decision is too great a length of time to support an inference of reprisal B. holding that the trier of fact must consider the length of time and manner of use of trade dress the nature and extent of its use and efforts made in order to promote a conscious connection in the publics mind between the mark and the particular source of origin C. holding that three to five months is a short enough time lapse between eeo activity and reprisal to establish a causal connection D. holding that crackpowder disparity was constitutional stating that ujntil the en banc court of this circuit the us supreme court or congress itself accepts this assertion of disparity and finds it untenable challenges to the sentencing guidelines based on the disparity between sentences for crack cocaine and powder cocaine will continue to fail E. holding that station complied with eeo rule despite statistical disparity between new minority hires and minorities in local labor force and declaring that failing to meet the commissions processing guidelines does not in and of itself demonstrate the inadequacy of a licensees eeo efforts the commission instead focuses on a stations overall efforts to recruit hire and promote minorities

assistant: The best answer is E. holding that station complied with eeo rule despite statistical disparity between new minority hires and minorities in local labor force and declaring that failing to meet the commissions processing guidelines does not in and of itself demonstrate the inadequacy of a licensees eeo efforts the commission instead focuses on a stations overall efforts to recruit hire and promote minorities
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: factor controlling), including: current residence, voting registration and voting practices, location of brokerage and bank accounts, location of spouse and family, membership in unions and other organizations, place of employment or business, driver’s license and automobile registration, and payment of taxes”). The Ninth Circuit treats limited liability companies such as CarMax like partnerships for purposes of diversity jurisdiction. See Johnson v. Columbia Props. Anchorage LP, 437 F.3d 894, 899 (9th Cir.2006) (applying the standard used by sister circuits and treating LLCs like partnerships). Thus, "an LLC is a citizen of every state of which its owners/members are citizens.” Id.; see also Handelsman v. Bedford Village Assocs., Ltd. Partnership, 213 F.3d 48, 51-52 (2d Cir.2000) (<HOLDING>). Car-Max alleges that it is a wholly-owned Options: A. recognizing that a limited liability company has the citizenship of its membership B. holding that a limited liability companys citizenship is that of its members C. holding that a limited partnership is not itself a citizen and that courts must instead look to the citizenship of its members to determine if diversity jurisdiction exists D. holding that a limited liability company is a citizen of any state of which a member of the company is a citizen E. holding that for diversity purposes the citizenship of a llc is determined by the citizenship of all of its members

assistant: The best answer is A. recognizing that a limited liability company has the citizenship of its membership