flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Court is required to presume that all the factual allegations concerning the Defendants' purported deliberate indifference as to Candelaria's medical needs are true. Indeed, the Moving Defendants have proffered no facts overlooked by this Court nor have they provided medical records or affidavits concerning the medical care received by Candelaria during his tenure at Green Haven supporting their claim for supervisory immunity, accordingly, this Court need not, and indeed cannot, delve into the question of the prison officials’ subjective "intent” as required by contemporary Eighth Amendment jurisprudence. See Farmer v. Brennan, -U.S. -, -, 114 S.Ct. 1970, 1978-1979, 128 L.Ed.2d 811 (1994); see also Wilson v. Seiter, 501 U.S. 294, 299, 111 S.Ct. 2321, 2324-25, 115 L.Ed.2d 271 (1991) (<HOLDING>). It is also persuasive to note that Candelaria Options: A. holding a subjective inquiry into a prison officials state of mind is mandated when it is claimed that the official has inflicted cruel and unusual punishment B. holding prison officials ultimately violated the plaintiffs right to be free from cruel and unusual punishment C. holding cruel and unusual punishment complaint not preserved D. holding life in prison without the possibility of parole was not cruel and unusual punishment for juvenile convicted of murder E. holding that what constitutes cruel and unusual punishment is a question of law

assistant: The best answer is A. holding a subjective inquiry into a prison officials state of mind is mandated when it is claimed that the official has inflicted cruel and unusual punishment
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: expressly authorized her daughter to sign the agreement. Under these circumstances, while the prior conduct of Doris Alexander may have authorized Carol Alexander to sign certain medical forms for her, “there is no evidence that [Doris Alexander], prior to or at her admission to the nursing home, gave [her daughter] express authority to enter into the [arbitration] agreement on her behalf.” McKean, supra at 509 (1) (a). See also Ashburn Health Care Center v. Poole, 286 Ga. App. 24, 26-27 (648 SE2d 430) (2007) (where no power of attorney, nursing home failed to establish that husband had actual authority to sign arbitration agreement on behalf of his wife upon her admission to nursing home); Hogsett v. Parkwood Nursing & Rehab. Center, 997 FSupp.2d 1318, 1324 (I) (B) (2) (N.D. Ga. 2014) (<HOLDING>). (b) Implied authority. We note that “Georgia Options: A. holding that a person signing an arbitration agreement using power of attorney is not a party to that agreement merely by virtue of having signed it B. holding that the plain language of a healthcare power of attorney did not give daughter the right to sign away her mothers right to a jury trial C. holding mother qualified as thirdparty beneficiary to daughter and soninlaws agreement incident to divorce because it provided for repayment to mother of a specific amount of money from the proceeds of the sale of the couples home D. holding that trial court properly terminated fathers obligation to support his seventeenyearold daughter who refused to live with father but instead chose to reside in her own apartment after her mother moved out of state where daughter offered no justifiable reason for not living with her father daughter only contended that her stepmother was too neat for her and that she wanted to live closer to her friends E. holding that daughter had no express authority to sign arbitration agreement for mother where no power of attorney and daughter did not discuss signing the agreement with her mother

assistant: The best answer is E. holding that daughter had no express authority to sign arbitration agreement for mother where no power of attorney and daughter did not discuss signing the agreement with her mother
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: 2778, 81 L.Ed.2d 694 (1984). Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004). We review the BIA’s factual determinations under the substantial evidence standard, affirming them unless the record evidence would compel any reasonable factfinder to conclude to the contrary. Dia v. Ashcroft, 353 F.3d 228, 247 (3d Cir.2003). III. An alien will be granted asylum in the United States only if he or she is a “refugee” who is “unable or unwilling” to return to his or her native country “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42); see also Immigration & Naturalization Serv. v. Elias-Zacarias, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (<HOLDING>). Therefore, a key task for any asylum Options: A. holding that dangers arising from police work do not support a claim of persecution on account of a protected ground B. holding that a petitioners unwillingness to return must be based upon persecution or a wellfounded fear of persecution on account of race religion nationality membership in a particular social group or political opinion C. holding that persecution on account of a protected category must be because of that category D. holding that to show an objectively reasonable fear of future persecution an applicant must establish that he would be singled out for persecution or that there was a pattern or practice of persecution of similarlysituated individuals E. holding that abuse at the hands of a father constituted persecution because it was on account of his daughters religious beliefs

assistant: The best answer is C. holding that persecution on account of a protected category must be because of that category
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: rise to a recovery under state law even in the absence of the FDCA.” Id. Courts have struggled with applying the Supreme Court’s preemption rulings to cases involving the Infuse device. Though they uniformly agree that the PMA process imposes requirements on the Infuse device, both the second step of the Riegel analysis and the scope of Buckman have prompted disagreement. This Court’s view is that some of these cases have read Riegel and Buckman — especially Buck-man — too broadly, see, e.g., Caplinger v. Medtronic, Inc., 921 F.Supp.2d 1206, 1219 (W.D.Okla.2013) (finding that fraud claims are impliedly preempted by Buckman because “even the concept of ‘off-label use’ is a creature of the FDCA”), while others have read Riegel too narrowly, see, e.g., Ramirez, 961 F.Supp.2d at 988-92 (<HOLDING>). At least one court has read Riegel and Options: A. holding that riegels shield drops if plaintiff alleges offlabel promotion and that most claims including design defect claims evade preemption B. recognizing presumption against preemption presumption is properly applied to state law design defect claims against manufacturer of pacemaker fda premarket approval of device did not require preemption C. holding that a plaintiffs claims arise under the statute that provides the federal cause of action he or she alleges D. holding that carmark act preempted state law claims including those for liability for payment of claims E. holding that claims including constitutional claims must be asserted in trial court to be raised on appeal

assistant: The best answer is A. holding that riegels shield drops if plaintiff alleges offlabel promotion and that most claims including design defect claims evade preemption
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 later than the Delivery Date, if applicable, the Grantee will pay, or otherwise provide for to the satisfaction of Artisan, any applicable federal, state and local tax and social security withholding obligations of Artisan. To the extent permitted by law, the Grantee may provide for payment of withholding taxes by requesting that Artisan retain Shares with a Fair Market Value (determined as of the Delivery Date) equal to the statutory minimum amount of taxes required to be withheld. In such case, Artisan will issue the net number of Shares to the Grantee by deducting the Shares retained from the Shares to be issued. If the Grantee shall fail to make such payment or otherwise satisfy such obligations, Artisan shall, to the extent permitted by law, have the right (but not the obligation) to deduct from any payment of any kind otherwise due to the Grantee (including the delivery of Shares hereunder) any federal, state or local tax and social security withholding obligations with respect to the RSUs.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( h ) in the course of your use of the products , headspace and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card .

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: and related Clausell’s improbable story to police officers, the officers likely had sufficient probable cause to search the apartment. And yet, Clausell continued to provide further inconsistent statements to the police officers thereby bolstering a finding of probable cause to search the apartment. During their investigation, the police officers found a .22 caliber pistol with one spent round in the chamber wrapped in a towel inside a bucket located immediately outside Clausell’s apartment. The police officers properly searched the area outside of Clausell’s apartment as he possessed no reasonable expectation of privacy in the exterior of his apartment, particularly given that the bucket was apparently in plain view. See State v. Hubbell (1997), 286 Mont. 200, 210, 951 P.2d 971, 977 (<HOLDING>). ¶23 Under these circumstances, the fact that Options: A. holding that there is no legitimate expectation of privacy with respect to property leading up to and including the threshold of a residence therefore police officers were well within their authority to proceed on the open walkway to the front door where they saw evidence in plain view B. holding based on steelman and johnson that evidence of the smell of marijuana emanating from a home a car with an open door and the keys in the ignition in front of the home and pry marks on the homes front door was not sufficient to justify a warrantless entry C. holding that police officers sued in their official capacity are not liable for a violation of a privacy interest where the police department did not have a policy of deliberately failing to train its officers with respect to the confidentiality of records D. holding a person at anothers residence solely for the purpose of engaging in drug related activity has no legitimate expectation of privacy in the residence E. holding that a drug sniff outside the front door of the defendants residence was not a fourth amendment search because the defendant had no reasonable expectation of privacy at the entrance to property that is open to the public including the front porch

assistant: The best answer is A. holding that there is no legitimate expectation of privacy with respect to property leading up to and including the threshold of a residence therefore police officers were well within their authority to proceed on the open walkway to the front door where they saw evidence in plain view
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 representations and warranties contained herein shall survive until the expiration of the first anniversary following the Closing. The agreements and covenants contained herein shall survive the Closing and the delivery of the Satisfaction Shares until the expiration of the applicable statute of limitations (if any) therefor.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in accordance with the us digital millennium copyright act ( `` dmca '' ) and other applicable laws , we have adopted a policy of terminating , in appropriate circumstances and at our sole discretion , accounts of users who are deemed to be repeat infringers .

assistant: Unilateral termination
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: parents can create a family by going to https://account.microsoft.com/family ( or by following the instructions on their windows device or xbox console ) and inviting kids or other parents to join .

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: This Agreement may be amended from time to time by the Administrator in its discretion; provided , however , that this Agreement may not be modified in a manner that would have a material adverse effect on your Award as determined in the discretion of the Administrator, except as provided in the Plan or in a written document signed by you and the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of promissory estop-pel. We grant transfer to address these matters. The essence of the employment-at-will doctrine is that an employment contract of indefinite duration is presumptively terminable at the will of either party. McClanahan v. Remington Freight Lines (1988), Ind., 517 N.E.2d 390, 392; Streckfus v. Gardenside Terrace Cooperative, Inc. (1987), Ind., 504 N.E.2d 273, 275. The doctrine is deeply rooted in Indiana jurisprudence. See Campbell v. Eli Lilly & Co. (1980), Ind.App., 413 N.E.2d 1054, 1060. The doctrine has only rarely been limited. See, e.g., Bochnowski v. Peoples Fed. Sav. & Loan (1991), Ind., 571 N.E.2d 282, 285 (allowing claim for tor-tious interference with at-will employment relationship); McClanahan v. Remington Freight, Inc. (1988), Ind., 517 N.E.2d 390, 393 (<HOLDING>); and Frampton v. Central Ind. Gas Co. (1983), Options: A. holding that the plaintiffs complaint stated an enforceable claim for wrongful discharge where the employee was wrongfully discharged in retaliation for refusing to testify falsely in a medical malpractice case B. recognizing a tort action for wrongful discharge when employee was terminated because he refused to commit a criminal act C. holding that an employee was wrongfully discharged for refusing to submit to a polygraph test D. holding the complaint stated a claim for wrongful discharge in violation of public policy where the employee was discharged for refusing to comply with his employers demand that he continue to operate a commercial vehicle for periods of time that violated federal regulations E. holding that employee stated claim by alleging he was wrongfully discharged for refusing to commit criminal act for which he would be held personally liable

assistant: The best answer is E. holding that employee stated claim by alleging he was wrongfully discharged for refusing to commit criminal act for which he would be held personally liable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to indemnify and hold harmless atlas solutions group inc. and its parent company and affiliates , and their directors , officers , managers , employees , donors , agents , and licensors , from and against all losses , expenses , damages and costs , including reasonable attorneys ' fees , resulting from any violation of this user agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for purposes of these terms : ( a ) `` content '' means the text , software , scripts , graphics , photos , sounds , music , videos , audiovisual combinations , interactive features , works of authorship of any kind , and information or other materials that are posted , generated , provided , or otherwise made available through the services ; and ( b ) `` user content '' means any content that account holders ( including you ) provide to be made available through the services .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Br. of Resp’t at 41. But because Mudarri is not similarly situated to the Tribe, he has not shown any unlawful discrimination or violation of his equal protection rights. |49 Mudarri bears the burden of proving that the challenged statute and its application are unconstitutional beyond a reasonable doubt. Ford Motor Co. v. Barrett, 115 Wn.2d 556, 563, 800 P.2d 367 (1990). Amendment XIV, section 1 of the United States Constitution provides, in pertinent part, “No State shall make or enforce any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws.” Thus, our federal constitution guarantees equal rights among individuals and classes of individuals. See U.S. Const. amend. XIV, § 1; State v. Shawn R, 122 Wn.2d 553, 559-60, 859 P.2d 1220 (1993) (<HOLDING>). To prevail, Mudarri must prove that the Options: A. holding members of two distinct pension plans were not similarly situated for equal protection analysis B. holding equal protection under the federal constitution applies to similarly situated persons C. holding that an equal protection violation may occur when similarly situated persons are not treated equally under the law quotation marks omitted D. holding that a presentence defendant is not similarly situated with a postsentence convict and denial of sentence credit does not violate equal protection E. holding that the equal protection clause is essentially a direction that all persons similarly situated should be treated alike

assistant: The best answer is B. holding equal protection under the federal constitution applies to similarly situated persons
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: At the Closing, the Company's obligation with respect to the transactions contemplated by this Agreement is to reimburse Buyer' expenses shall be $3,000.00 for Buyer's legal fees and due diligence fee.

assistant: Expenses
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: Consultant will be responsible for all costs and expenses Consultant incurs in performance of Consultant’s obligations set forth in this Agreement, unless specifically authorized in advance by the Company. Pre-approved expenses will be billed to the Company and the Company will reimburse such pre-approved out-of-pocket expenses. Notwithstanding the foregoing, expenses for the time spent by the Consultant in traveling to and from Company facilities will not be reimbursable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of Section 2.08(b), (i) each Eurodollar Rate Loan under the Revolving Facility shall bear interest on the outstanding principal amount thereof for each Interest Period from the applicable borrowing date at a rate per annum equal to the Eurodollar Rate for such Interest Period plus the Applicable Rate; (ii) each Base Rate Loan under the Revolving Facility shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate; and (iii) each Swingline Loan shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate. To the extent that any calculation of interest or any fee required to be paid under this Agreement shall be based on (or result in) a calculation that is less than zero, such calculation shall be deemed zero for purposes of this Agreement.

assistant: Interests
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: and that “the prima facie case relates to the employee’s burden of presenting evidence. Swierkiewicz, 534 U.S. at 510, 122 S.Ct. 992. A fair reading of the Lindsays’ complaint shows that they have pleaded claims for which relief may be granted. The Lindsays have alleged the statutory bases for their claims (42 U.S.C. §§ 1981, 1982, and 3604) and have set forth the factual predicate of those claims. They allege that the Yateses advertised their house for sale, that they (the Lindsays) executed a purchase agreement to buy the house, and that nearly two weeks after signing the purchase agreement and depositing $500 in earnest money with Brent Yates — and one day after Brent learned they were black — the Yateses terminated the contract. Cf. Swierkiewicz, 534 U.S. at 514, 122 S.Ct. 992 (<HOLDING>). Because these allegations are sufficient to Options: A. holding that two suits related to the same set of facts because they both concerned the events leading to the plaintiffs termination B. holding that although a reason was provided in the termination letter the without cause termination provision was applicable C. holding that the plaintiff stated nationalorigin and agediscrimination claims where he detailed the events leading to his termination provided relevant dates and included the ages and nationalities of at least some of the relevant persons involved with his termination D. holding that the numerous inconsistencies in the testimony of the persons primarily responsible for plaintiffs termination when coupled with the timing of plaintiffs termination and the conflicting reasons given by defendants agents for the termination might well persuade a jury that defendant fired the plaintiff in retaliation for the letter sent by her attorney to defendants general counsel E. holding that plaintiffs complaint which included the ages and nationalities of at least some of the relevant persons involved with his termination was sufficient to provide notice of plaintiffs age and national origin discrimination claims

assistant: The best answer is C. holding that the plaintiff stated nationalorigin and agediscrimination claims where he detailed the events leading to his termination provided relevant dates and included the ages and nationalities of at least some of the relevant persons involved with his termination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, an aggregate of up to $7,000,000 of Shares. Each Purchaser shall deliver to the account designated by the Company, immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser. The Company and each Purchaser shall deliver the items set forth in Section 2.2 at the closing (“ Closing ”). Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of the Placement Agent or such other location as the parties shall mutually agree. Unless otherwise directed by the Placement Agent, settlement of the Shares pursuant to Section 2.2(a) shall occur via “Delivery Versus Payment” (“ DVP ”) ( i.e. , on the Closing Date, the Company shall issue the Shares registered in the Purchasers’ names and addresses and released by the Transfer Agent directly to the account(s) at the Placement Agent identified by each Purchaser; upon receipt of such Shares, the Placement Agent shall promptly electronically deliver such Shares to the applicable Purchaser, and payment therefor shall be made by the Placement Agent (or its clearing firm) by wire transfer to the Company).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and each other Transaction Document to which a Guarantor is a party is a legal, valid and binding obligation of each such Guarantor enforceable against such Guarantor in accordance with its terms (except as may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium and other similar laws affecting creditors’ rights generally or by general equitable principles, whether considered in a proceeding at law or in equity and by an implied covenant of good faith and fair dealing).

assistant: Binding Effects
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: References to a “Section” or the “recitals” are, unless otherwise specified, to a Section or the recitals of this Agreement. Capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Master Repurchase Agreement . Whenever used in this Agreement, the following terms shall have the respective meanings set forth below. In addition, any capitalized terms defined in the body of this Agreement but not listed below shall have the meaning ascribed to such capitalized terms in the body of this Agreement.

assistant: Definitions
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 by the Company of the Transaction Documents and the consummation by the Company of the transactions contemplated hereby or thereby (including, without limitation, the issuance of the Securities pursuant to this Agreement and the other Transaction Documents) do not and will not, subject to receipt of the Required Approvals, (i) conflict with or violate any provisions of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws, or otherwise result in a violation of the organizational documents of the Company or any Subsidiary, (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would result in a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary or give to others any rights of termination, amendment, acceleration, or cancellation (with or without notice, lapse of time or both) of, any contract to which the Company or any Subsidiary is a party, or (iii) subject to receipt of the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree, or other restriction of any court or governmental authority to which the Company is subject (including federal and state securities laws and the rules and regulations thereunder, assuming, without investigation, the correctness of the representations and warranties made by the Purchasers herein, of any self-regulatory organization to which the Company or its securities are subject, including all applicable Trading Markets), or by which any property or asset of the Company is bound or affected, except in the case of clauses (ii) and (iii) such as would not have or reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.

assistant: No Conflicts
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: (1) drinking alcoholic beverages during pregnancy can lead to fetal alcohol syndrome, a condition characterized by mental retardation, prenatal and postnatal growth deficiencies, and facial anomalies; (2) a pregnant woman’s failure to obtain prenatal care or proper nutrition also can affect the status of the newborn child; (3) poor nutrition can cause a variety of birth defects: insufficient prenatal intake of vitamin A can cause eye abnormalities and impaired vision; insufficient doses of vitamin C ór riboflavin can cause premature births; (4) poor prenatal care can lead to insufficient or excessive weight gain, which also- affects the fetus; and (5) some research has suggested that consuming caffeine during pregnancy contributes to low birth weight. Id. One court outside of ou 91) (<HOLDING>); People v. Hardy, 188 Mich.App. 305, 469 Options: A. holding ohios child endangerment statute does not apply to mothers who abuse drugs during pregnancy B. holding an unborn viable fetus is not a human being under the new mexico child abuse statute and the mothers use of cocaine during pregnancy was not child abuse C. holding child abuse statute clearly did not apply to fetuses and therefore did not apply to a mother who ingested cocaine during pregnancy D. holding evidence that mother allowed child to remain in home in which there was violent conduct as evidenced by fathers physical abuse of mother during her pregnancy was factually sufficient to support termination E. holding evidence that mother allowed child to remain in home in which there was violent conduct as evidenced by fathers physical abuse of mother during her pregnancy was legally sufficient to support termination

assistant: The best answer is C. holding child abuse statute clearly did not apply to fetuses and therefore did not apply to a mother who ingested cocaine during pregnancy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 445 U.S. 39 100 S.Ct. 1092 63 L.Ed.2d 185 Commonwealth of MASSACHUSETTS, petitioner,v.Joseph MEEHAN No. 78-1874 Supreme Court of the United States February 26, 1980 On Writ of Certiorari to the Supreme Judicial Court of Massachusetts. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
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: circumstances set forth in 5th Cir. R. 47.5.4. 1 . See Fed. R. App, P. 28. 2 . The argument section of Plaintiffs’ brief correctly states that this Court reviews a grant of summary judgment de novo. The summary of the argument section of Plaintiffs' brief contains a partial statement of this Court’s standard of review for improper statements by counsel during summation. Plaintiffs’ brief does not contain this Court’s standard of review for erroneous admission of evidence, denial of a motion for JNOV, or denial of a motion for a new trial. 3 . United States v. Wilkes, 20 F.3d 651, 653 (5th Cir. 1994) (citation omitted); accord Davison v. Huntington Ingalls, Inc., 712 F.3d 884, 885 (5th Cir. 2013) (citing Owens v. Sec’y of Army, 354 Fed.Appx. 156, 158 (5th Cir. 2009) (per curiam)) (<HOLDING>). 4 . Johnson v. Ford Motor Co., 988 F.2d 573, Options: A. holding that the right to vote is fundamental B. holding that dismissal is warranted where the noncompliance is not merely technical or stylistic but rather is so fundamental that it prevents the court from engaging in meaningful review C. holding that the relevant question is not whether risk is involved or assumed but rather whether that or something else to which it is related in the particular plan is its principal object and purpose D. holding that it is not E. holding that it is well settled that dismissal is warranted where a party has engaged deliberately in deceptive practices that undermine the integrity of judicial proceedings

assistant: The best answer is B. holding that dismissal is warranted where the noncompliance is not merely technical or stylistic but rather is so fundamental that it prevents the court from engaging in meaningful review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the maximum extent permitted by applicable law , we also make no representations or warranties of any kind with respect to content ; user-generated content , in particular , is provided by and is solely the responsibility of the athletes providing that 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: was common in sugar refining operations, but even if it were not, the motive of the importer in fashioning his or her merchandise is simply not a relevant inquiry. In fact, to the extent motive is relevant, an importer who intends to fashion merchandise solely for the purpose of obtaining the lowest rate of duty is within his or her legal right. Customs’ disregard or misinterpretation, it matters not which, of the Merritt line of precedent was arbitrary, capricious, an 1079, 1082 (1994) (noting the well settled principle of law that merchandise is classified in its condition as imported thereby precluding classification as unmixed products because the fact that the substances had to be mixed prior to use was not relevant); accord Cook v. United States, 49 Cust. Ct. 11, 13 (1962) (<HOLDING>); Pasadena Firearms, 56 Cust. Ct. at 334 Options: A. holding that absent a use provision the article had to be classified on its condition as imported B. holding that flax straw was specifically enumerated without qualification as to use and despite stipulation that it was to be used for paper making it had to be classified in its condition as imported C. holding that wheat unfit for human consumption at the time of importation though later used in an article fit for human consumption must be classified in its condition as imported D. holding that despite alleged uses articles must be classified in their condition as imported E. holding that the dutiable classification of gunstocks must be made on their condition as imported

assistant: The best answer is C. holding that wheat unfit for human consumption at the time of importation though later used in an article fit for human consumption must be classified in its condition as imported
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 further security for the payment of the Secured Indebtedness and performance of the obligations contained herein, the Mortgagor hereby transfers, assigns, warrants and conveys to the Mortgagee all Hydrocarbons, and the proceeds and products obtained or processed from (such proceeds and products being in this Article V called “ Proceeds ”), produced and to be produced from, or which accrue by pooling, unitization or otherwise, to the Mortgaged Property, in order to provide a source of future payment of the Loan Obligations and the other Secured Indebtedness. All parties producing, purchasing or receiving any such Hydrocarbons, or having such, or Proceeds therefrom, in their possession for which they or others are accountable to the Mortgagee by virtue of the provisions of this Article V , are authorized and directed to treat and regard the Mortgagee as the assignee and transferee of the Mortgagor and entitled in the Mortgagor’s place and stead to receive such Hydrocarbons and all Proceeds therefrom; and such parties and each of them shall be fully protected in so treating and regarding the Mortgagee, and shall be under no obligation to see to the application by the Mortgagee of any such proceeds or payments received by the Mortgagee.

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: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $1,575,000 of Shares and Warrants. Each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser and the Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur electronically.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The offer of Pro-Rated STIP Eligibility and the Modified Vesting shall be open until the close of business twenty-one (21) calendar days from the Retirement Date. Pro-Rated STIP Eligibility and consummation of the Modified Vesting shall be subject to effectiveness of this Agreement and shall occur on the Effective Date as described in Section 8. Pro-Rated STIP Eligibility and any award with respect thereto shall be subject to the terms and provisions of the STIP.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: deadline waives its right to challenge the report on appeal. Neason v. Buckner, 352 S.W.3d 254, 259 (Tex.App.-Houston [14th Dist.] 2011, no pet.); Troeger, 274 S.W.3d at 108. In that event, we do not consider the merits of the defendant’s objections. See Neason, 352 S.W.3d. at 259; Troeger, 274 S.W.3d at 108. The Hospital complains that the expert reports addressed only the doctors’ conduct and did not name the Hospital; however, the Hospital concedes-that Nguyen pleaded that the Hospital was vicariously hable for the conduct d on a potentially frivolous vicarious liability claim would encourage claimants to artfully plead vicarious liability claims against hospital, defendants to avoid dismissal-of those defendants from the case. See Loaisiga v. Cerda, 379 S.W.3d 248, 261 (Tex.2012) (<HOLDING>). The Hospital would have this court add to the Options: A. holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith B. holding expert may consider and assume validity of matters set out in pleadings in the suit absent a showing that thepleadings are groundless or in bad faith or rebutted by evidence in the record C. holding that where the plaintiff is pro se the court must consider as evidence in his opposition to summary judgment all of plaintiffs contentions offered in motions and pleadings where such contentions are based on personal knowledge and set forth facts that would be admissible in evidence and where plaintiff attested under penalty of perjury that the contents of the motions or pleadings are true and correct D. holding that for a defendant to recoup attorneys fees under 706k of title vii a court must find that the plaintiff litigated his or her claim beyond the point where it became frivolous unreasonable or groundless or where plaintiff acted in bad faith E. holding expert testimony is not required as a per se rule in bad faith actions

assistant: The best answer is B. holding expert may consider and assume validity of matters set out in pleadings in the suit absent a showing that thepleadings are groundless or in bad faith or rebutted by evidence in the record
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 is the intention of both the Company and the Grantee that the benefits and rights to which the Grantee could be entitled pursuant to this Agreement comply with Section 409A of the Code and the Treasury Regulations and other guidance promulgated or issued thereunder (“ Section 409A ”), to the extent that the requirements of Section 409A are applicable thereto, and the provisions of this Agreement shall be construed in a manner consistent with that intention.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: which the Sherman Act was meant to be applied.” See Srmth, 978 F.Supp. at 218'. Smith argues that the district court erred in limiting the application of the Sherman Act to the NCAA’s commercial and business activities. We disagree. Section 1 of the Sherman Act provides, in relevant part, that “[ejvery contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.” 15 U.S.C. § 1. Although the section literally prohibits “every” contract, section 1 does not preclude all restraints on trade, but only those that are unreasonable. See National Collegiate Athletic Ass’n v. Board of Regents of the Univ. of Okla., 468 U.S. 85 73, 102 S.Ct. 2540, 2545, 73 L.Ed.2d 149 (1982) (<HOLDING>); see also McNulty v. Borden, Inc., 474 F.Supp. Options: A. holding that injury to broker through loss of commission was not antitrust injury B. holding that a plaintiff must show antitrust injury in order to bring an antitrust lawsuit C. holding that a subscriber to a health plan who had employed the services of a psychologist alleged a redressable antitrust injury D. holding that an antitrust injury is a necessary element of a 2 claim E. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing

assistant: The best answer is C. holding that a subscriber to a health plan who had employed the services of a psychologist alleged a redressable antitrust injury