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: any other ultimate employment decisions based on his age. In a discrimination case, “an adverse employment action means an ultimate employment decision, such as hiring, granting leave, discharging, promoting, and compensating.” Foley v. Univ. of Houston Sys., 855 F.3d 333, 340 (5th Cir. 2003). The employment actions alleged by Kaplan do not meet this standard. Kaplan conceded that the City never reduced his compensation or change the hours of his employment, but pointed only to instances in which he was “reassigned [to] a different reporting structure with different, responsibilities.” Taking these allegations as true,' they cannot form the basis of a claim for age discrimination because they are not ultimate employment decisions. See Messer v. Meno, 130 F.3d 130, 140 (5th Cir. 1997) (<HOLDING>). After carefully reviewing all of the summary Options: A. holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision B. holding that many actions taken by an employer though unfavorable to an employee do not constitute a basis for discrimination because they do not qualify as an ultimate employment decision C. recognizing that a set of actions may constitute an adverse employment action when considered collectively even though some actions do not rise to the level of an adverse employment action individually D. holding that poor evaluations alone do not constitute an adverse employment action E. holding that complaints regarding violation of employer policies unrelated to impermissible discrimination do not fall within the scope of title vii and therefore do not qualify for protection under the statute

assistant: The best answer is B. holding that many actions taken by an employer though unfavorable to an employee do not constitute a basis for discrimination because they do not qualify as an ultimate employment decision
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: Other than the UCC financing statements required to be filed under this Agreement, the registration of the hypothec under the Code and, the execution and delivery by Purchaser of the Transaction Documents to which Purchaser is party, the performance by Purchaser of its obligations hereunder and thereunder and the consummation of any of the transactions contemplated hereunder and thereunder do not require any Consent from, notice to, action or registration by or filing with any Governmental Entity or any other Person.

assistant: Consents
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 State argues, however, that because the instruction later states that the State was required to prove “[t]hat the conduct was a substantial step toward the commission of the crime of murder: that is the knowing and intentional killing of another human being,” id. (emphasis added), the earlier error was cured and Carter was not prejudiced as a result. It is well established, however, that a correct jury instruction does not cure an erroneous one: “[T]his court has repeatedly enunciated the rule that the error of a bad instruction is not cured by the giving of correct instructions on the same subject. Such instructions are not viewed as a whole, with this court on appeal left to determine which of the contradictory instructions the jury should reasonably have believed.” FMC Corp 83) (<HOLDING>); Barnes v. State, 435 N.E.2d 235, 242 Options: A. holding that any misstatements of law during closing argument are presumed cured by final instruction B. holding thatany error made by the state in its election of offenses was cured during the prosecutors closing argument emphasis added C. holding that any prejudice resulting from a misstatement of the law by the prosecutor was cured by trial courts proper instruction on applicable law D. holding almost any improper argument may be cured by an instruction to disregard E. holding that any prejudice resulting from misstatements of law made by the prosecutor during closing was cured by the trial courts proper instruction on the applicable law

assistant: The best answer is A. holding that any misstatements of law during closing argument are presumed cured by final instruction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties agree that the arbitration of disputes provides mutual advantages in terms of facilitating the fair and expeditious resolution of disputes. In consideration of these mutual advantages, the parties agree to the Arbitration P rocedures set forth in Exhibit “B” attached hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rejected plea offers ended up suffering grave consequences, even though the district court had desired to help them. Then on the day of trial, September 24, the court contrasted the case of Mouton and said Hemphill should have more time to think about the plea offer. The district court at that time specifically referenced a five-year plea deal. The district court’s comments were extensive, repeated, and unilaterally raised, and they were followed by the admonition for Hemphill to think about his life and whether to enter a plea. Se probability that Hemphill would not have entered a guilty plea absent the district court’s injection of comments that went beyond merely evaluating a properly disclosed plea agreement. See United States v. Johnson, 1 F.3d 296, 302 (5th Cir.1993) (en banc) (<HOLDING>); of. United States v. Dominguez Benitez, 542 Options: A. holding that the improper denial of a defendants opportunity to impeach for bias is subject to harmlesserror review in which the reviewing court must determine if the error was harmless beyond a reasonable doubt B. holding that an appellate court may not review errors that have not been assigned by a party or a point of error C. holding that under harmlesserror review of rule 11 errors we examine the facts and circumstances of the case to discern if the error may reasonably be viewed as having been a material factor affecting defendants decision to plead guilty citation omitted D. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge E. holding that the omission of an element from the jury charge is subject to harmlesserror review

assistant: The best answer is C. holding that under harmlesserror review of rule 11 errors we examine the facts and circumstances of the case to discern if the error may reasonably be viewed as having been a material factor affecting defendants decision to plead guilty citation omitted
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 Board of Directors or the Compensation Committee has the right to amend, alter, suspend, discontinue or cancel the RSUs, prospectively or retroactively; provided, that , no such amendment shall adversely affect the Grantee's material rights under this Agreement without the Grantee's consent.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the information contained herein : ( 1 ) is proprietary to morningstar and/or its content providers ; ( 2 ) may not be copied or distributed ; and ( 3 ) is not warranted to be accurate , complete or timely .

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: but it must have been foreseeable. Id. at 707-08, 125 S.Ct. 2129. Thus, the defendant “must believe that his actions are likely to affect a particular, existing or foreseeable official proceeding.” United States v. Kaplan, 490 F.3d 110, 125 (2d Cir.2007) (citing Arthur Andersen, 544 U.S. at 708, 125 S.Ct. 2129). While the Court in Arthur Andersen interpreted § 1512(b)(2)(A) and (B) only, the Court’s analysis and application of the “nexus” requirement applies with equal force to § 1512(b)(1). All three subsections qualify the prohibited conduct by requiring that the defendant target testimony or evidence in an “official proceeding.” Consistency demands that we apply the Arthur Andersen nexus requirement to § 1512(b)(1). See United States v. Matthews, 505 F.3d 698, 708 (7th Cir.2007) (<HOLDING>); Kaplan, 490 F.3d at 126 (noting that the jury Options: A. holding subsection 1103g unconstitutional to the extent that it regulates the conduct of former government employees who are also attorneys B. holding that the special relationship exception does not apply to the relationship between a student and a school C. holding that no special relationship existed between the school and student D. holding that the yearlong relationship did not create the kind of significant relationship of which molded acoustical speaks E. holding that arthur andersen applies to prosecutions under 1512c1 because that subsection also speaks in terms of the relationship between obstructive acts and a proceeding

assistant: The best answer is E. holding that arthur andersen applies to prosecutions under 1512c1 because that subsection also speaks in terms of the relationship between obstructive acts and a proceeding
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: are plainly wrong or unsupported by the evidence.” Malbrough, 275 Va. at 168, 655 S.E.2d at 3. Moreover, “we give due weight to the inferences drawn from those facts by resident judges and local law enforcement officers.” McGee v. Commonwealth, 25 Va.App. 193, 198, 487 S.E.2d 259, 261 (1997) (en banc). A law enforcement officer has a legitimate constitutional basis for seizing a person if the officer has either reasonable suspicion or probable cause to believe, “based on objective facts, that the [person] officers had probable cause to arrest the appellant for the earlier offense of reckless driving, thereby also meeting the lesser standard of reasonable suspicion to detain the appellant to investigate that same offense. See United States v. Lopez, 911 F.2d 1006, 1009 (5th Cir. 1990) (<HOLDING>); State v. Keck, 4 N.E.3d 1180, 1184 (Ind. Options: A. holding this framework applies whether the traffic stop is based on probable cause or reasonable suspicion B. holding that a conclusion that reasonable suspicion supported the stop of a vehicle was subsumed within the trial courts ruling that the officer had probable cause for the stop C. holding that although officers observation and stop of the defendants vehicle occurred outside of the officers geographical jurisdiction the officer still had jurisdiction where the officer was requested by a state trooper to stop the suspects vehicle D. holding that probable cause to stop a vehicle was supported by the fact that the defendant had previously been arrested for illegally transporting liquor E. holding that circumstances created reasonable suspicion for investigatory stop

assistant: The best answer is B. holding that a conclusion that reasonable suspicion supported the stop of a vehicle was subsumed within the trial courts ruling that the officer had probable cause for the stop
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 of the risk that persons arrested on drug charges will bring drugs with them. Perhaps with respect to other types of drug offenses — about which we express no opinion — but the record shows us nothing about this jail (or any other jail’s) experience with those arrested on § 11550(a) charges. We do not disagree that in some cases, the charge itself may give rise to reasonable suspicion; indeed, we so held in Thompson, where the felony charged was grand theft auto and the offense was “sufficiently associated with violence to justify a visual strip search.” 885 F.2d at 1447. We have also been careful to distinguish charges that involve drugs and contraband as well as violence when invalidating blanket strip search policies applied in other contexts. See Kennedy, 901 F.2d at 716 (<HOLDING>); Giles, 746 F.2d at 618 (declaring Options: A. holding that no seizure occurred where officers boarded bus and began questioning passengers gave passengers no reason to believe that they required an answer and tjhere was no application of force no intimidating movement no overwhelming show of force no brandishing of weapons no blocking of exits no threat no command not even an authoritative tone of voice B. holding that appellants had no standing to challenge search of car because they had no ownership or possessory rights of any kind in the car C. holding unconstitutional a strip search policy applied to person arrested for stealing a roommates belongings observing that no weapons no drugs no contraband no violent acts of any kind were involved D. holding strip search constitutional where police arrested the plaintiff for felonious assault E. holding that mandatory visual strip search policy in county jail was unconstitutional

assistant: The best answer is C. holding unconstitutional a strip search policy applied to person arrested for stealing a roommates belongings observing that no weapons no drugs no contraband no violent acts of any kind were involved
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as described in Schedule 7 to the Pricing Letter or as otherwise set forth in a certificate delivered pursuant to Section 12(d)(ii), there are no actions, suits, arbitrations, investigations (including, without limitation, any of the foregoing which are pending or threatened) or other legal or arbitrable proceedings affecting Seller or any of its Subsidiaries or affecting any of the Repurchase Assets or any of the other properties of Seller before any Governmental Authority which (i) questions or challenges the validity or enforceability of the Facility Documents or any action to be taken in connection with the transactions contemplated hereby, (ii) individually or in the aggregate, would be reasonably likely to be adversely determined and if adversely determined, would have a Material Adverse Effect or (iii) relates to any violation of the Home Ownership and Equity Protection Act or any state, city or district high cost home mortgage or predatory lending law and that would be reasonably likely to be adversely determined and if adversely determined, would have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a breach of any of the Employee’s covenants under this Paragraph 12, the Employee shall return to the Company any Common Stock obtained under this Agreement in exchange for the purchase price (if any) the Employee paid for such Common Stock. If the Employee has sold, transferred, or otherwise disposed of Common Stock obtained under this Agreement, the Company shall be entitled to receive from the Employee a cash payment equal to the fair market value of the Common Stock on the date of sale, transfer, or other disposition minus the purchase price (if any) paid by the Employee. Furthermore, in the event of a breach of any of the Employee’s covenants under this Paragraph 12, it is understood and agreed that the Company and any of its Affiliate(s) that employed the Employee shall be entitled to injunctive relief, as well as any other legal or equitable remedies that may be available. The Employee acknowledges and agrees that the covenants, obligations and agreements of the Employee in Paragraphs 12(a), (b), (c), (d), (e), (f), (g), and (h) of this Agreement independently relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants, obligations or agreements will cause the Company irreparable injury for which adequate remedies are not available at law. Therefore, the Employee agrees that the Company and any of its Affiliate(s) that employed the Employee shall be entitled to an injunction, restraining order or such other equitable relief (without the requirement to post bond) as a court of competent jurisdiction may deem necessary or appropriate to restrain the Employee from committing any violation of such covenants, obligations, or agreements. These injunctive remedies are cumulative and in addition to any other rights and remedies that the Company or its Affiliates may have.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the aaa rules , except that we will reimburse you for all aaa administrative fees in disputes that are subject to the supplementary procedures for consumer-related disputes , unless the arbitrator determines that a claim or counterclaim was filed for purposes of harassment or is patently frivolous .

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: for relief from federal firearms disabilities. Section 925(c) makes an agency “denial” of an application a predicate to district court jurisdiction, and no such denial has been issued here. As a general rule, “we shall find that Congress has allocated initial review to an administrative body where such intent is ‘fairly discernible in the statutory scheme.’ ” Thunder Basin Coal Co. v. Reich, 510 U.S. 200, 207, 114 S.Ct. 771, 127 L.Ed.2d 29 (1994) (quoting Block v. Community Nutrition Inst., 467 U.S. 340, 351, 104 S.Ct. 2450, 81 L.Ed.2d 270 (1984) (quoting Association of Data Processing Serv. Orgs., Inc. v. Camp, 397 U.S. 150, 157, 90 S.Ct. 827, 25 L.Ed.2d 184 (1970))). If a statute does indeed route the initial adjudication of a claim through an administrative agency, a di r.) (<HOLDING>), cert. denied, 519 U.S. 821, 117 S.Ct. 77, 136 Options: A. holding that there must first be a denial by atf for the district court to review B. holding that congress intended for district courts to review only the secretarys denial C. holding that appeal from denial of rule 60b motion raised for review only the district courts order of denial and not the underlying judgment itself D. holding that the federal district court had no subject matter jurisdiction to review the courts denial of a particular application for admission to the district of columbia bar E. holding that the concerns cited by the district courts supra justify discretionary denial of pendent jurisdiction but not deciding whether such denial is mandated by congress

assistant: The best answer is B. holding that congress intended for district courts to review only the secretarys denial
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 factual information taken as a whole (other than forward-looking information and projections and information of a general economic nature and general information about the Borrower’s industry) furnished by or on behalf of the Borrower or its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement or the other Loan Documents, and all other such factual information taken as a whole (other than forward-looking information and projections and information of a general economic nature and general information about Borrower’s industry) hereafter furnished by or on behalf of the Borrower or its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and will not omit to state any material fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. The Projections delivered to Administrative Agent on October 20, 2015 represent, and as of the date on which any other Projections are delivered to the Administrative Agent, such additional Projections represent, Borrower’s good faith estimate, on the date such Projections are delivered, of the Borrower and its Subsidiaries’ future performance for the periods covered thereby based upon assumptions believed by the Borrower to be reasonable at the time of the delivery thereof to the Administrative Agent (it being understood that such Projections are subject to uncertainties and contingencies, many of which are beyond the control of the Borrower and its Subsidiaries, that no assurances can be given that such Projections will be realized, and that actual results may differ in a material manner from such Projections).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties recognize, acknowledge and agree that (i) any breach or threatened breach of the provisions of Sections 2 and/or 3 shall cause irreparable harm and injury to the Company and that money damages alone will not provide an adequate remedy for such breach or threatened breach, (ii) the duration, scope and geographical application of Sections 2 and 3 are fair and reasonable under the circumstances of the Business, and are reasonably required to protect the legitimate business interests of the Company, (iii) the restrictions contained in Sections 2 and 3 will not prevent the Executive from earning or seeking a livelihood, and (iv) the restrictions contained in Sections 2 and 3 shall apply in all areas where such application is permitted by law. Accordingly, the Executive agrees that the Company shall be entitled to have the provisions of Sections 2 and 3 specifically enforced by any court having jurisdiction, and that such a court may issue a temporary restraining order, preliminary injunction, or other appropriate equitable relief, without having to prove the inadequacy of available remedies at law, having to post any bond or any other undertaking. In addition, the Company shall be entitled to avail itself of all such other actions and remedies available to it or any member of the Company Group under law or in equity and shall be entitled to such damages as it sustains by reason of such breach or threatened breach. It is the express desire and intent of the parties that the provisions of Sections 2 and 3 be fully enforced.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: airbnb reserves the right , in our sole discretion , to limit the number of co-hosts a host may invite for each listing and to limit the number of listings a co-host may manage .

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: During the Consulting Period, Executive shall be eligible for prompt reimbursement for business expenses reasonably incurred by Executive in the performance of his services to the Company in accordance with the policies of the Company in effect from time to time.

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: This Agreement shall be in effect until the earlier of (a) the second anniversary of the commencement of the Offering or (b) (i) with respect to NRFC, the date upon which neither NSAM J-NS/RXR Ltd nor another Affiliate of NRFC is serving as the Company’s Advisor, or (ii) with respect to RXR, the date upon which neither RXR NTR Sub-Advisor LLC nor another Affiliate of RXR is serving as the Company’s Sub-Advisor (the “ Term ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No representation or warranty of the Borrower contained in any Loan Document or in any other document, certificate or written statement furnished to Lenders by or on behalf of the Borrower for use in connection with the transactions contemplated by this Agreement, as of the date made, contained any untrue statement of a material fact or omitted to state a material fact (known to any officer of the Borrower, in the case of any information not furnished by it) necessary in order to make the statements contained herein or therein not misleading in light of the circumstances in which the same were made. Any projections and pro forma financial information contained in such materials are based upon good faith estimates and assumptions believed by the Borrower to be reasonable at the time made, it being recognized by Lenders that such projections as to future events are not to be viewed as facts and that actual results during the period or periods covered by any such projections may differ from the projected results.

assistant: Disclosures
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 Parent shall, and shall cause each of its Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its Property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: IX, Section 14 of the New Mexico Constitution provides: Neither the state nor any county, school district or municipality, except as otherwise provided in this constitution, shall directly or indirectly lend or pledge its credit or make any donation to or in aid of any person, association or public or private corporation or in aid of any private enterprise for the construction of any railroad except as provided. N.M. Const. Art. IX, § 14. “The Anti-Donation Clause ... prohibits the use of state or local governmental funds to benefit private organizations.” H. Stratton & P. Farley, Office of the Attorney General, State of New Mexico, History, Powers & Responsibilities, 1816-1990 at 125 (Univ. of N.M. Printing Servs.1990). In the context of New Mexico’s 8, 314 P.2d 714, 720 (1957)(<HOLDING>); Hutcheson v. Atherton, 44 N.M. 144, 99 P.2d Options: A. holding an action for postpetition breach of an agreement to purchase property to be a core proceeding B. holding that an award of back pay is an issue for the court C. holding that an appropriation to pay states share of emergency feed certificates issued to livestock owners for the purchase of hay was an unconstitutional subsidy of the livestock industry D. holding that legislative diminishment of tax obligation constituted an unconstitutional subsidy to the liquor industry in violation of the antidonation clause E. holding husbands early retirement subsidy was not marital property as a vested right but an option contingent upon his continued employment and eventual qualification for the subsidy in nine years based upon value of the pension frozen at the time of dissolution

assistant: The best answer is C. holding that an appropriation to pay states share of emergency feed certificates issued to livestock owners for the purchase of hay was an unconstitutional subsidy of the livestock industry
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: it did not provide a basis for disturbing the ALJ’s decision. Further, the letter did not controvert the substantial evidence on which the ALJ relied because it showed only that Werner was entitled to second priority in receiving vocational rehabilitation services due to the fact that the agency classified him as “significantly disabled.” Werner failed to submit any evidence of what the term, “significantly disabled,” meant when used by the Florida DVR. Nor did he present any evidence that the term was inconsistent with the ALJ’s finding that Werner had impairments that prevented him from performing his past work, but which did not prevent him from performing light or sedentary work — the relevant criteria for the ALJ’s decision. But cf. Falcon v. Heckler, 732 F.2d 827 (11th Cir.1984) (<HOLDING>). Nor does Werner cite any authority on appeal Options: A. holding that when an accident occurs outside florida workers compensation benefits are payable only if the contract of employment was made in florida or if the employees employment is principally located in florida B. holding that a social security disability determination is a legal proceeding C. holding that similarity between florida workers compensation disability law and social security disability law require that the alj give great weight to the florida determination D. holding that the workers compensation offset includes total social security disability benefits received by claimant and his dependents E. holding parent entitled to credit for any social security disability benefits paid to child as a result of parents disability

assistant: The best answer is C. holding that similarity between florida workers compensation disability law and social security disability law require that the alj give great weight to the florida determination
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 jury selection might begin anew with a fresh panel. See Batson, 476 U.S. at 99 n. 24, 106 S.Ct. at 1725 n. 24. If, on the other hand, a Batson objection may be raised after the jury has been sworn and trial has begun, there can be no remedy short of aborting the trial. This would permit the defendant to manipulate the system to the extreme prejudice of the prosecution and give the defendant a strong inducement to delay raising the objection until trial is underway. As the trial judge is unlikely for reasons of judicial economy to abort the trial, the defendant may have the opportunity to test his fortunes with the first jury, preserving the opportunity for a mistrial and a second round in the event of a conviction. See United States v. Dobynes, 905 F.2d 1192, 1196-97 (8th Cir.)(<HOLDING>), cert. denied, 498 U.S. 877, 111 S.Ct. 206, Options: A. holding that claims raised by appellant for first time in motion for new trial were untimely and therefore waived B. holding that an issue not raised in the trial court cannot be raised for the first time on appeal C. holding that batson challenge raised for the first time after trial was untimely in part because only remedy after trial is vacating the conviction D. holding batson challenge untimely because objection made after all jurors were sworn E. holding that a claim not raised before the trial court will not be considered for the first time on appeal

assistant: The best answer is C. holding that batson challenge raised for the first time after trial was untimely in part because only remedy after trial is vacating the conviction
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 will be binding upon and inure to the benefit of and be enforceable by the respective successors and permitted assigns of the Parties. Neither Party may assign (whether by operation of law or otherwise) this Agreement or any rights, interests or obligations provided by this Agreement without the prior written consent of the other Party; provided , however , that either Party may assign this Agreement and any or all rights and obligations under this Agreement to any of its Affiliates upon prior written notice to the other Party; provided , further , that no such assignment shall release either Party from any liability under this Agreement. Notwithstanding the foregoing, pursuant to the Reorganization (a) Seller may assign this Agreement or any or all of its rights and obligations hereunder to any Affiliate with a net worth in excess of $500,000,000 that expressly assumes all of the obligations of Seller hereunder, in which case upon any such permitted assignment by Seller (i) the references in this Agreement to Seller shall apply to such assignee unless the context otherwise requires and (ii) Seller shall automatically and unconditionally be released and discharged from any liability or obligation under this Agreement without the requirement of any further action by any Person and (b) if Seller is merged or otherwise ceases to exist, Seller’s successor shall confirm in writing that it has assumed all of Seller’s obligations hereunder. Any attempted assignment in violation of this Section 9 shall be void ab initio .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: addition to failing to comply with Rule 26(a)’s disclosure requirements, he filed motions to extend the discovery period and to extend the time to file a response to REI’s motion for summary judgment. When the court granted his motion to extend the discovery period, he failed to conduct any discovery. Allowing Nance to supplement his complaint would have been akin to starting a new action because his current employment discrimination claim was in summary judgment proceedings, and the discoveiy period was to end in two days. Moreover, the district court correctly noted that its denial of Nance’s motion would not cause him prejudice because he was not precluded from bringing a separate action based on the later conduct. See Manning v. City of Auburn, 953 F.2d 1355, 1360 (11th Cir. 1992) (<HOLDING>). Upon review of the record and consideration Options: A. holding that res judicata does not bar those claims that arose after the original pleading is filed in the earlier proceeding B. holding that res judicata does not bar litigation of a claim pleaded in an earlier case if the record of the case shows that the court refused to decide the issue C. holding that earlier suits different legal theory did not save the later action from the res judicata bar because the central factual issues are identical D. holding that res judicata is not applicable to a claim for relief that was unavailable in the earlier action E. holding res judicata also applies to those in privity with parties

assistant: The best answer is A. holding that res judicata does not bar those claims that arose after the original pleading is filed in the earlier proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests and demands to or upon the U.S. ABL Collateral Agent or any Granting Party hereunder shall be effected in the manner provided for in subsection 11.2 of the ABL Credit Agreement; provided that any such notice, request or demand to or upon any Guarantor shall be addressed to such Guarantor at its notice address set forth on Schedule 1 , unless and until such Guarantor shall change such address by notice to the U.S. ABL Collateral Agent and the Administrative Agent given in accordance with subsection 11.2 of the ABL Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Loan Parties and their Subsidiaries have conducted their businesses in compliance in all material respects with the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010, and other similar and applicable anti-corruption legislation or laws in other jurisdictions and have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws.

assistant: Anti-Corruption 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: Judgment of $200, plus statutory interest, because the Government conceded the case. (“Final Order”). On July 13, 2007, Plaintiff filed a Motion To Vacate, because “the United States has in fact not conceded the matter before this [c]ourt; the case is not moot; judgment should not have been entered for [P]laintiff without also a ruling on the issue of whether [P]laintifPs firearm is a ‘machine-gun.’ ” PI. Mot. to Vacate at 2. On July 19, 2007, Plaintiff filed a Motion For Relief From Judgment Or For Reconsideration Or Amendment Of Judgment on the same grounds. On July 23, 2007, the Government filed a Response. On July 24, 2007, the court denied both motions. See Order, Blakley v. United States, No. 06-749 (Fed.Cl. July 24, 2007) (citing Pohl v. United States, 22 Cl.Ct. 849, 851 (1991) (<HOLDING>)). On August 10, 2007, Plaintiff filed a Motion Options: A. holding that when the government conceded that a taxpayer has a right to monetary relief a justiciable case or controversy no longer exists and any declaratory interpretation would not be incident to a judgment B. holding that the case or controversy requirement applies with equal force to actions for declaratory judgment C. recognizing that the case or controversy requirement for standing is no less strict in a declaratory judgment proceeding than in any suit where other relief is sought D. holding that the case presented no justiciable controversy and that a review of the matter would render an improper advisory opinion E. holding that the insurers declaratory relief action presented a justiciable controversy for the injured parties even though the insured tortfeasor had suffered a default judgment

assistant: The best answer is A. holding that when the government conceded that a taxpayer has a right to monetary relief a justiciable case or controversy no longer exists and any declaratory interpretation would not be incident to a judgment
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 terms and conditions of this Agreement, the initial term of this Agreement shall begin on the Effective Date and shall continue through December 31, 2018; provided, however, that beginning on January 1, 2020, and on the first day of each year thereafter, the term of this Agreement shall automatically be extended by one year, unless either the Company, based on action taken by its Chief Executive Officer, or the Executive shall have provided notice to the other at least one hundred eighty (180) days before such date that the term shall not be extended (the “ Term ”). If a Change in Control (as defined below) does not occur during the Term of this Agreement, no payments or other benefits will be paid or payable to the Executive under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that her expulsion will preclude her from taking part in any special education programs offered at Danbury High School. If plaintiff is expelled, she will be restricted ito placement in a private school or to homeIbound tutoring. Regardless of whether these two alternatives are responsive to plaintiff’s needs, the PPT will be limited to their use in fashioning a new special education program for plaintiff. Of "particular concern to the Court is the possibility that an appropriate private placement will be unavailable and plaintiff’s education will be reduced to some type of homebound tutoring. Such a result can only serve to hinder plaintiff’s social development and to perpetuate the vicious cycle in which she is caught. See Hairston v. Drosick, 423 F.Supp. 180, 183 (S.D.W.Va.1973) (<HOLDING>). The Court is persuaded that plaintiff’s Options: A. holding that it is imperative that every child receive an education with his or her peers insofar as it is at all possible B. holding that every citizen has a constitutional right of privacy in his or her medical records C. holding that it is not D. holding that it may not E. holding that an item is material if the time for including it in income or deducting it is at issue

assistant: The best answer is A. holding that it is imperative that every child receive an education with his or her peers insofar as it is at all possible
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 periods in Section 9.1 and Section 9.2 shall be tolled during (and shall be deemed automatically extended by) any period in which Executive is in violation of the provisions of this Section 9 . If a final and non-appealable judicial determination is made that any of the provisions of this Section 9 constitutes an unreasonable or otherwise unenforceable restriction against Executive, the provisions of this Section 9 will not be rendered void but will be deemed to be modified to the minimum extent necessary to remain in force and effect for the longest period and largest geographic area that would not constitute such an unreasonable or unenforceable restriction.

assistant: Enforceability
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: retroactive. In No. L-1283 Schlomann also alleged that he was out of uniform. Since that case was dismissed on consideration of the complaint, and no other pleadings therein, we must accept the allegation for purposes of the appeal. In any event, the Government, as stated, has conceded that the offenses were not service connected, and we feel this is clear under the Relford guidelines. In terms of these guidelines Schlomann was off duty, off the post and the Government does not argue he was improperly absent from it when the offenses occurred. They were committed away from the base; their commission was at a place not under military control; they occurred within our territorial limits and not in an occupied zone of a foreign country; their commission was in peaceti t. 35, 21 L.Ed.2d 5 (<HOLDING>) ; Berger v. California, 393 U.S. 314, 89 S.Ct. Options: A. holding that counsel must be appointed to indigents for purposes of appeal as announced in douglas v california 372 us 353 83 sct 814 9 led2d 811 to be retroactive B. holding that exculpatory evidence withheld by government was not material for purposes of brady v maryland 373 us 83 83 sct 1194 10 led2d 215 1963 when there was considerable forensic and other physical evidence linking the defendant to the crime C. holding that brady v maryland 373 us 83 83 sct 1194 10 led2d 215 1963 creates no government duty to disclose names of witnesses D. holding the right to counsel extends to preliminary hearing where defendant enters a plea and such idea is put into evidence at subsequent trial white v maryland 373 us 59 83 sct 1050 10 led2d 193 to be retroactive E. holding the right to assistance of counsel as announced in gideon v wainwright 372 us 335 83 sct 792 9 led2d 799 to be retroactive

assistant: The best answer is D. holding the right to counsel extends to preliminary hearing where defendant enters a plea and such idea is put into evidence at subsequent trial white v maryland 373 us 59 83 sct 1050 10 led2d 193 to be retroactive
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 addition to the other requirements of this Section 8.1, unless waived by the General Partner with respect to Transfers for estate planning purposes or as otherwise determined by the General Partner in its sole discretion, no Transfer of any Interest in the Partnership shall be permitted unless the transferor or the proposed transferee shall have undertaken to pay all reasonable expenses incurred by the Partnership or its Affiliates in connection therewith.

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: Upon giving effect to the making of the Loans, the execution and delivery of the Loan Documents by Borrower and each Guarantor and the consummation of the transactions contemplated hereby and thereby, no Restricted Person will be Insolvent.

assistant: Solvency