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: subjective. See Sar-chet, 78 F.3d at 307. Those symptoms include “ ‘pain all over,’ fatigue, disturbed sleep, stiffness, and — the only symptom that discriminates between it and other diseases of a rheumatic character — multiple tender spots, more precisely eighteen fixed locations on the body (and the rule of thumb is that the patient must have at least eleven of them to be diagnosed as having fibromyalgia) that when pressed firmly cause the patient to flinch.” Id. at 306. Given the nature of the condition, the lack of lack of x-rays, MRI studies, CT scans, laboratory findings or objective medical evidence was not probative of whether the record supported Dr. Misra’s opinion about plaintiffs limitations. See also Dominguese v. Massanari, 172 F.Supp.2d 1087, 1100-01 (E.D.Wis.2001) (<HOLDING>). Thus, the ALJ’s explanation did not supply a Options: A. holding that where the alj had already obtained and considered reports from treating physicians the alj had before him a complete medical history and the evidence received from the treating physicians was adequate for him to make a determination as to disability B. holding that the lack of hard evidence did not supply a good reason for rejecting a treating source physicians assessment where the disability was fibromyalgia C. holding that remand was not required and that the aljs failure to mention treating physicians opinion was harmless error because the alj adopted the treating physicians recommendations D. holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician E. holding that because fibromyalgia is a disease that eludes objective measurement alj improperly discredited treating physicians disability determination based upon lack of objective evidence

assistant: The best answer is B. holding that the lack of hard evidence did not supply a good reason for rejecting a treating source physicians assessment where the disability was fibromyalgia
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: contends that, “[b]ecause the issue is one of jury selection—that the defendant was required to try his case to a jury which included an individual who properly should have been the subject of his constitutionally protected exercise of a peremptory challenge—the error is structural in nature . . . .” He relies on Tankleff v. Senkowski, 135 F.3d 235, 248 (2d Cir. 1998), wherein the Second Circuit Court of Appeals concluded: “Because the effects of racial discrimination during voir dire may persist through the whole course of the trial proceedings, Powers [v. Ohio, 499 U.S. 400, 412, 111 S. Ct. 1364, 113 L. Ed. 2d 411 (1991)], we hold that a Batson/Powers claim is a structural error that is not subj ect to harmless error review. See Ford v. Norris, 67 F.3d 162, 171 (8th Cir. 1995) (<HOLDING>); Rosa v. Peters, 36 F.3d 625, 634 n.17 (7th Options: A. recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt B. holding that the omission of an element is subject to harmless error analysis C. holding that a constitutional violation involving the selection of jurors in a racially discriminatory manner is a structural defect which cannot be subjected to a harmless error analysis D. holding that the omission of an element is not a structural error subject to automatic reversal but rather where objected to is subject to harmless error analysis E. holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed

assistant: The best answer is C. holding that a constitutional violation involving the selection of jurors in a racially discriminatory manner is a structural defect which cannot be subjected to a harmless error analysis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: An Employee shall have the right at any time to absolutely and irrevocably assign all of the Employee’s right, title and interest in and to this Plan and any Policy which has been or may be acquired hereunder to an assignee. This right shall be exercisable by the execution and delivery to the Employer of a written assignment, on a form prescribed the Committee. Upon receipt of such written assignment executed by the Employee and duly accepted by the assignee thereof, the Employer shall consent thereto in writing, and shall thereafter treat the Employee’s assignee as the sole owner of all of the right, title and interest in and to this Plan and in and to any Policy which has been or may be acquired hereunder. Thereafter, the Employee shall have no right, title or interest in and to this Plan or any Policy which has been or may be acquired hereunder, all such rights being vested in and exercisable only by such assignee, and any designation of Beneficiary made by the Employee prior to such assignment shall be null and void. If an Employee has made an assignment under the Prior Plan, such assignment shall be effective for purposes of this Plan.

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: As of the date hereof, the authorized capital stock of the Company consists of: (i) 150,000,000 shares of Common Stock, of which approximately 14,230,811 shares are issued and outstanding; and (ii) 50,000,000 shares of preferred stock, of which 0 are issued and outstanding. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company’s stock option plans, no shares are reserved for issuance pursuant to securities (other than the Note) exercisable for, or convertible into or exchangeable for shares of Common Stock and 15,000,000 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. Except as disclosed in the SEC Documents, as of the effective date of this Agreement, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by the Company (or in any agreement providing rights to security holders) that will be triggered by the issuance of the Note or the Conversion Shares. The Company has filed in its SEC Documents true and correct copies of the Company’s Certificate of Incorporation as in effect on the date hereof (“Certificate of Incorporation”), the Company’s By-laws, as in effect on the date hereof (the “By-laws”), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto. The Company shall provide the Buyer with a written update of this representation signed by the Company’s Chief Executive on behalf of the Company as of the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the Executive’s Employment with the Company, its promise to arbitrate all employment-related disputes, and the Executive’s receipt of the compensation, pay raises, and other benefits paid to the Executive by the Company, at present and in the future, the Executive agrees that any and all controversies, claims, or disputes with anyone (including the Company and any employee, officer, director, shareholder, or benefit plan of the Company, in their capacity as such or otherwise), arising out of, relating to, or resulting from the Executive’s Employment with the Company or the termination of the Executive’s Employment with the Company, including any breach of this Agreement, shall be subject to binding arbitration under the arbitration provisions set forth in California Code of Civil Procedure Sections 1280 through 1294.2 (the “ Act ”), and pursuant to California law. The Federal Arbitration Act shall continue to apply with full force and effect notwithstanding the application of procedural rules set forth in the Act. Disputes that the Executive agrees to arbitrate, and thereby agrees to waive any right to a trial by jury, include any statutory claims under local, state, or federal law, including, but not limited to, claims under Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Sarbanes-Oxley Act, the Worker Adjustment and Retraining Notification Act, the California Fair Employment and Housing Act, the Family and Medical Leave Act, the California Family Rights Act, the California Labor Code, claims of harassment, discrimination, and wrongful termination, and any statutory or common law claims. Notwithstanding the foregoing, the Executive understands that nothing in this Agreement constitutes a waiver of the Executive’s rights under Section 7 of the National Labor Relations Act. The Executive further understands that this agreement to arbitrate also applies to any disputes that the Company may have with the Executive.

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 legal provision and list the applicable contract clause categories. Provision: The Purchasers in each Purchaser Group agree to indemnify their Funding Agent in its capacity as such (without limiting the obligation (if any) of the Seller, the Depositor, the Issuer or the Servicer to reimburse such Funding Agent for any such amounts), ratably according to their respective percentage interests in the Notes from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever which may at any time (including at any time following the payment of the obligations under this Agreement, including the Outstanding Note Balance of the Notes) be imposed on, incurred by or asserted against such Funding Agent in any way relating to or arising out of this Agreement, or any documents contemplated by or referred to herein or the transactions contemplated hereby or any action taken or omitted by such Funding Agent under or in connection with any of the foregoing; provided that no Purchaser shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of such Funding Agent resulting from such Funding Agent’s own gross negligence or willful misconduct. The agreements in this subsection shall survive the payment of the obligations under this Agreement, including the principal of the Notes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the limit on Guarantor’s liability hereunder set forth in Section 1, Guarantor agrees to pay on demand any and all out-of-pocket costs including reasonable legal fees and expenses, and other expenses incurred by Counterparty in enforcing Guarantor’s payment obligations under this Guaranty; provided that the Guarantor shall not be liable for any expenses of Counterparty if it is not successful in such enforcement action.

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: Xcel Energy may require you to remit to it, or may withhold from the settlement of an Award or from your other compensation, an amount sufficient to satisfy any applicable federal, state or local tax, employment, FICA or other mandated withholding requirements in regard to the Award(s) in the year or years the Award(s) become taxable to you. You may elect in accordance with the Plan to satisfy the withholding requirement, in whole or in part, by having the Company withhold Shares otherwise payable in settlement of an Award at the rate the Committee determines satisfies applicable withholding requirements of the Code. For this purpose, Awards will be valued using the Fair Market Value of a Share as of the applicable withholding date. If no election is made, you will be deemed to have elected Shares to be withheld.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At full pay and without any adverse effect to his compensation, provided that all other terms and conditions of this Agreement are satisfied, Executive shall be entitled to four (4) weeks of vacation for each full calendar year during the term of this Agreement. Executive agrees to schedule his vacation leave in advance upon written notice to CEO or other designated individuals. Carryover of vacation days shall be consistent with Company's existing policy.

assistant: Vacations
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: truthful. Assuming for the sake of argument that the defendant’s contention is correct, we nevertheless observe that the trial court found in the four factors noted above ample particularized guarantees of trustworthiness of Bryar’s statements to Trottier and Bollerud, and we conclude that this finding was not clearly erroneous. See Cook, 135 N.H. at 662, 610 A.2d at 805. For this reason, we hold that the admission of Bryar’s statements incriminating the defendant did not violate the defendant’s right of confrontation under part I, article 15 of the State Constitution. Because part I, article 15 affords this defendant at least as much protection from an unconstitutional admission of hearsay as the sixth amendment, cf. White v. Illinois, — U.S. —, — n.8, 112 S. Ct. 736, 742 n.8 (1992) (<HOLDING>), we need not embark on an independent federal Options: A. holding that no independent inquiry into reliability is required when the evidence falls within a firmly rooted hearsay exception like that for coconspirators under rule 801d2e internal quotation marks omitted B. holding that statements within a firmly rooted hearsay exception do not violate the confrontation clause C. holding that rule 8034 hearsay exception is firmly rooted for sixth amendment purposes D. holding codefendants confession incriminating defendant was not within a firmly rooted exception to the hearsay rule under roberts standard E. holding that the exception is not firmly rooted

assistant: The best answer is C. holding that rule 8034 hearsay exception is firmly rooted for sixth amendment purposes
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: court found that the maternal grandmother was not fit and qualified to receive and care for the children so that she should be given preference over a nonrelative caregiver. See § 12-15-314(a)(3)e. (“Unless the juvenile court finds it not in the best interests of the child, a willing, fit, and able relative shall have priority for placement or custody over a non-relative.”). In light of that finding, which we conclude was fully supported by the evidence in the record, although that evidence was in some respects conflicting, we hold that the juvenile court did not err in determining that the best interests of the children would not be served by placing the children in the custody of the maternal grandmother. See M.H.J. v. State Dep’t of Human Res., 785 So.2d 372 (Ala.Civ.App.2000) (<HOLDING>). AFFIRMED. THOMPSON, P.J., and PITTMAN, J., Options: A. holding that defendants failed to carry burden of proof to show that plaintiffs failed to mitigate damages when among other things they offered no evidence contradicting the plaintiffs evidence B. holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract C. holding that grandmother in loco parentis of her three grandchildren had protected liberty interest in their future care and custody D. holding that grandmother who among other things had failed to detect obvious signs of neglect affecting the health of her grandchildren was not a suitable relative resource E. holding that pleading was insufficient where the plaintiff failed to among other things set forth the dates of any fraudulent statements

assistant: The best answer is D. holding that grandmother who among other things had failed to detect obvious signs of neglect affecting the health of her grandchildren was not a suitable relative resource
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The issuance of certificates for shares of the Common Stock on conversion of this Debenture shall be made without charge to the Holder hereof for any documentary stamp or similar taxes that may be payable in respect of the issue or delivery of such certificates, provided that, the Company shall not be required to pay any tax that may be payable in respect of any transfer involved in the issuance and delivery of any such certificate upon conversion in a name other than that of the Holder of this Debenture so converted and the Company shall not be required to issue or deliver such certificates unless or until the Person or Persons requesting the issuance thereof shall have paid to the Company the amount of such tax or shall have established to the satisfaction of the Company that such tax has been paid. The Company shall pay all Transfer Agent fees required for same-day processing of any Notice of Conversion and all fees to the Depository Trust Company (or another established clearing corporation performing similar functions) required for same-day electronic delivery of the Conversion Shares.

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: The Company will pay Executive an annual base salary of $1,340,625, payable in accordance with the Company’s customary payroll practices (“ Base Salary ”). The annual rate of Executive’s Base Salary shall not be increased or decreased during the Term.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank or the Revolving Lenders, the Issuing Bank hereby grants to each Revolving Lender, and each Revolving Lender hereby acquires from the Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate Dollar Amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Revolving Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by the Issuing Bank and not reimbursed by the Company on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Company for any reason. Each Revolving Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

assistant: Participations
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: To the fullest extent permitted by law, Borrower hereby irrevocably and unconditionally waives and releases (i) all benefit that might accrue to Borrower by virtue of any present or future statute of limitations or law or judicial decision exempting the Property from attachment, levy or sale on execution or providing for any appraisement, valuation, stay of execution, exemption from civil process, redemption or extension of time for payment, (ii) all notices of any Event of Default or of Trustee’s election to exercise or his actual exercise of any right, remedy or recourse provided for under the Loan Documents, and (iii) any right to a marshalling of assets or a sale in inverse order of alienation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the admiralty law has always aimed to create uniform laws and standards and that subjecting a vessel to different state laws runs counter to the spirit of admiralty law. II. The motion for summary judgment is DENIED. Neither party offers much detail or legal precedent to support their position. In this Circuit, generally, state law is preempted by the Jones Act. See Southworth Machinery Co., Inc. v. F/V Corey Pride, 994 F.2d 37, 41 (1st Cir.1993) (attorneys fee provision in state statute, “being inconsistent with maritime law, cannot be applied in this case”); Carey v. Bahama Cruise Lines, 864 F.2d 201, 207 (1st Cir.1988) (Mass, comparative negligence law deemed incompatible with maritime law and therefore inapplicable); Clancy v. Mobil Oil Corp., 906 F.Supp. 42 (D.Mass.1995) (<HOLDING>). State law is generally preempted where “it Options: A. recognizing cause of action for loss of consortium B. holding that wifes recovery for loss of consortium should not be reduced by the proportion of negligence attributable to husband because claim for loss of consortium is independent of the damages claim of the injured spouse C. holding that plaintiffs claim for loss of consortium can proceed even where the injured spouse was contributorily negligent D. holding that injured seamans loss of consortium claim under state law was preempted by jones act E. recognizing loss of consortium claims

assistant: The best answer is D. holding that injured seamans loss of consortium claim under state law was preempted by jones act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Frady, 456 U.S. 152, 170, 102 S.Ct. 1584, 71 L.Ed.2d 816 (1982). A fundamental miscarriage of justice is established by showing that the alleged constitutional violation “has probably resulted in the conviction of one who is actually innocent” of the crime for which he has been convicted. Murray, supra, at 496,106 S.Ct. 2639. Under the circumstances of the instant case, Mercer has demonstrated cause and prejudice such that the court has jurisdiction to entertain his claim for federal habeas relief that the reasonable doubt instruction was unconstitutional. Specifically, cause is established by the novelty of the issue of whether the reasonable doubt instruction given at Mercer’s trial imper-missibly lessened the prosecution’s burden of proof. Reed, supra, at 17-20, 104 S.Ct. 2901 (<HOLDING>). Further, the previously unrecognized Options: A. holding fact that a constitutional claim is so novel that it is not reasonable for counsel to raise it until after the supreme court articulates that such claim is a basis for federal habeas relief constitutes cause for failure to raise that claim in accordance with applicable state procedures B. holding that a federal court may excuse a state habeas petitioners procedural default if the petitioner can show cause for the failure to raise the claim and prejudice resulting from such failure C. holding that a plaintiff is not required to state the statutory or constitutional basis for his claim only the facts underlying it D. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate E. holding that failure to raise an issue until it is brought up at oral argument constitutes a waiver

assistant: The best answer is A. holding fact that a constitutional claim is so novel that it is not reasonable for counsel to raise it until after the supreme court articulates that such claim is a basis for federal habeas relief constitutes cause for failure to raise that claim in accordance with applicable state procedures
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 the Closing and subject to consummation of the transactions contemplated by the Transaction Documents, the Company will reimburse the Investor for its documented out-of-pocket fees and expenses incurred in connection with the Transactions up to $400,000, including up to $10,000 for legal fees incurred by or on behalf of Investor.

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 case excerpt and choose the best holding from the options. Case excerpt: Insurers receive notice of any modifications to the underlying Genco Policies. GenCorp alleges that “[s]ueh provisions can be reasonably construed to mean that these insurers do not follow form to changes for which they have not received notice,” or at a minimum, create an ambiguity, since there is no evidence in the record indicating that GenCorp provided notice of the Endorsements to the Excess Insurers. GenCorp adds that the notice requirements illustrate the Excess Insurers’ own belief that the scope of their coverage cannot be changed without their consent or the opportunity to adjust their premiums in consideration of such changes. GenCorp faked to make this argument below, and it has forfeited it on appeal. See Elkins v. Richardson-Merrell, Inc., 8 F.3d 1068, 1072 (6th Cir.1993) (<HOLDING>). In any event, it is also axiomatic that a Options: A. holding that appellate court will not normally address issue raised for the first time on appeal B. holding that an issue not raised in the trial court cannot be raised for the first time on appeal C. holding that court will not consider issue raised for first time on appeal D. holding that an issue raised for the first time on appeal will not be considered by this court E. holding that generally appellate courts will not review an issue raised for the first time on appeal

assistant: The best answer is A. holding that appellate court will not normally address issue raised for the first time on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (“If a moving party fails to carry its initial burden of production, the non-moving party has no obligation to produce anything.”) (internal quotations and citation omitted). Defendants offered only the following record evidence in support of their motion below: 1) an unexplained, general citation to 52 pages of exhibits; 2) citation to deposition testimony wherein Plaintiff admits to marijuana use during the period in which she was employed, although not while on the job (Defendants did not explain the relevance of this cited testimony to the Title VII claim); 3) citation to deposition testimony wherein Plaintiff purports to admit that she was fired because of her positive drug test (Defendants did not explain the relevance of Plaintiff’s subjective belief about her 6th Cir.1992) (<HOLDING>).) Hooper’s liability was likewise all but Options: A. holding that the question whether a cause of action exists is not a question of jurisdiction and therefore may be assumed without being decided B. holding that evidence not submitted to the district court cannot be part of the record on appeal C. holding that the determinative question is whether the plaintiff has submitted evidence that a supervisors animus was a cause of the termination D. holding that although a reason was provided in the termination letter the without cause termination provision was applicable E. holding that the subjective intent of the officer is no longer determinative wjhen applying the objective test generally the only determination to be made is whether probable cause existed for the stop in question and that per whren a violation of traffic law provided sufficient probable cause to make the subsequent search and seizure reasonable

assistant: The best answer is C. holding that the determinative question is whether the plaintiff has submitted evidence that a supervisors animus was a cause of the 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 case excerpt and choose the best holding from the options. Case excerpt: as he did for the retaliation claim: that the plaintiff had a “medical inability to perform her duties.” Def.’s Mot. at 31. The plaintiff counters with the same challenges to the defendant’s proffered reason and adequately rebuts it. Pl.’s Opp’n at 22, 26 (indicating that she could have worked with accommodations and that the agency would suffer no undue hardship because her position required no work) and Compl. ¶ 13 (alleging that Ridgely caused the plaintiffs disability). Specifically, the plaintiffs claim that the defendant’s discriminatory practices caused her illnesses, and as with the plaintiffs hostile work environment claim, the court concludes that it is too early to resolve the merits of the plaintiffs discrimination claim based on her removal. Cf. Cones, 199 F.3d at 521 (<HOLDING>). c. The Reassignment of the Plaintiffs Work Options: A. holding that the conflicting explanations given by defendants agents for the plaintiffs termination were also sufficient to raise a reasonable inference that defendants proffered reasons for the termination were pretextual the inconsistent testimony regarding the motivating reasons for plaintiffs termination cast doubts on the asserted nondiscriminatory legitimate reasons and may alone be sufficient to preclude summary judgment on plaintiffs claim B. holding that drugrelated misconduct is a legitimate nondiscriminatory reason for termination C. holding that a reason cannot be proved to be a pretext for discrimination unless it is shown both that the reason was false and that discrimination was the real reason D. holding that the plaintiffs argument rebutting the defendants legitimate nondiscriminatory reason on the plaintiffs discrimination claim also rebutted the defendants reason on the plaintiffs retaliation claim because they were the same E. holding that an employee may establish that the legitimate reason for an employment decision offered by an employer is pretextual by showing by a preponderance of the evidence either that the discrim inatory reason was the true reason motivating the employers conduct or that the profferred legitimate reason was false

assistant: The best answer is D. holding that the plaintiffs argument rebutting the defendants legitimate nondiscriminatory reason on the plaintiffs discrimination claim also rebutted the defendants reason on the plaintiffs retaliation claim because they were the same
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the preliminary hearing, testifying that “she observed a person, but not his face, as he exited [the victims’ home].” Importantly, however, there is no indication that the witness equivocated in her initial identification of Gresh, or that the police had any reason to doubt her statement when submitting the arrest warrant application. To the extent that Gresh alleges that he was falsely arrested for the drug offenses, his claim also is without merit. There was probable cause to support the arrest warrant based on a police affidavit describing the drugs and drug paraphernalia found in Gresh’s automobile. Furthermore, because the police had probable cause to arrest Gresh, his malicious prosecution claims must fail. See, e.g., Estate of Smith v. Marasco, 318 F.3d 497, 521 (3d Cir.2003) (<HOLDING>). Gresh also seeks damages for an allegedly Options: A. holding that a necessary element for malicious prosecution under virginia law is lack of probable cause B. holding the same for malicious prosecution C. recognizing tennessee law requires the absence of probable cause to maintain a malicious prosecution claim D. holding that a malicious prosecution plaintiff must show inter alia that the criminal proceeding was initiated without probable cause E. holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution

assistant: The best answer is D. holding that a malicious prosecution plaintiff must show inter alia that the criminal proceeding was initiated without probable cause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No delay or failure on the part of the Agent or any Lender or on the part of the holder or holders of any of the Obligations in the exercise of any power or right under any Loan Document shall operate as a waiver thereof or as an acquiescence in any default, nor shall any single or partial exercise of any power or right preclude any other or further exercise thereof or the exercise of any other power or right. The rights and remedies hereunder of the Agent, the Lenders and of the holder or holders of any of the Obligations are cumulative to, and not exclusive of, any rights or remedies which any of them would otherwise have.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: counties was limited, and that its efforts in these five counties cannot establish common evidence of impact in the entire eighteen county DMA. What Dr. Teece considers “unlikely,” Dr. Singer considers to be the common evidence of antitrust impact, namely that RCN was stymied in its efforts by Corn-east’s predatory behavior. In reaching our conclusion on the common impact of clustering on overbuilding, however, we place no reliance on Dr. Singer’s opinions regarding Comcast’s lobbying activities. Comcast argues that Singer’s theory is at odds with the Noerr-Pennington doctrine. See Eastern R.R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 81 S.Ct. 523, 5 L.Ed.2d 464 (1961); United Mine Workers of Am. v. Pennington, 381 U.S. 657, 85 S.Ct. 1585, 14 L.Ed.2d 626 (1965) (<HOLDING>). For purposes of class certification, we must Options: A. holding that an individual is immune from antitrust liability for exercising first amendment right to petition the government B. holding that a railroad owned and operated by the federal government was immune from antitrust action under the governmental immunity doctrine which protects the federal government its agencies and instrumentalities from the reaches of antitrust law C. holding that the government is immune from liability for its choice of traffic protection devices D. holding that a railroad operated and owned by the federal government was immune from antitrust liability E. recognizing that a judge is not absolutely immune from criminal liability

assistant: The best answer is A. holding that an individual is immune from antitrust liability for exercising first amendment right to petition the government
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 parties not before the court, who have a direct stake in the litigation, are either unlikely or unable to assert their rights. Powers v. Ohio, 499 U.S. 400, 410, 111 S.Ct. 1364, 1370, 113 L.Ed.2d 411, 425 (1991). Even if we assume the expiration of the narrow window of time to assert a single-subject challenge meets this test, standing to bring actions on behalf of third parties still requires the litigant to establish a personal injury or stake in the application of the challenged statute. Id. at 410-11, 111 S.Ct. at 1370-71, 113 L.Ed.2d at 425 (providing that to establish third-party standing, litigant must have suffered an “injury in fact” so as to give the litigant a sufficient concrete interest in the outcome of the dispute); ICLU v. Critelli, 244 N.W.2d 564, 567 (Iowa 1976) (<HOLDING>). This critical element is not eliminated in Options: A. holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts B. holding iowa civil liberties union and lawyers lacked standing to maintain action to challenge a supervisory order of the court pertaining to the trial of criminal cases only defendants in the criminal cases had standing C. holding that 60day time limit for notice of appeal in civil cases not 10day limit in criminal cases applies to 2255 proceedings D. holding that the workproduct doctrine applies in criminal cases because its role in assuring the proper functioning of the criminal justice system is even more vital than its role in civil cases E. holding that plaintiffs lacked standing to sue

assistant: The best answer is B. holding iowa civil liberties union and lawyers lacked standing to maintain action to challenge a supervisory order of the court pertaining to the trial of criminal cases only defendants in the criminal cases had standing
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 or demands by any party to this Assignment shall be in writing and may be sent by certified mail, return receipt requested. Notices so mailed shall be deemed received when deposited in a United States post office box, postage prepaid, properly addressed to the respective mailing address stated below or to such other address as any party may specify from time to time in writing. Any notice so addressed and otherwise delivered shall be deemed given when actually received by the addressee.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: c. additionally , there may be times when we need to remove or change features or functionality of the service or stop providing a service or access to third-party apps and services altogether .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party shall execute, deliver, acknowledge and file such other documents and take such further actions as may be reasonably requested from time to time by the other party hereto to give effect to and carry out the transactions contemplated herein. Subject to Section 2.1(h), each of the Company, on the one hand, and GoldenTree, on the other hand, will be responsible for its own costs, fees and expenses in connection with this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 262 F.3d 677, 679 (8th Cir.2001); Larry’s United Super, Inc., v. Werries, 253 F.3d 1083, 1085 (8th Cir.2001); Keymer v. Mgmt. Recruiters Int’l, Inc., 169 F.3d 501, 504 (8th Cir.1999). Under the first part, the court must ascertain whether a valid agreement to arbitrate exists between the parties. Gannon, 262 F.3d at 679. The court next determines whether the specific dispute falls within the scope of that valid agreement. Id. If the court answers these inquiries in the affirmative, under sections three and four of the FAA, the court must stay proceedings and compel the parties to submit their dispute to arbitration. Lyster v. Ryan’s Family Steak Houses, 239 F.3d 943, 945 (8th Cir.2001) (citing Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 218, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985) (<HOLDING>); Telectronics Pacing Sys., Inc. v. Guidant Options: A. holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed B. holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists C. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added D. holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration E. holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived

assistant: The best answer is A. holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed
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: 91 L.Ed.2d 265 (1986) (citing Fed.R.Civ.P. 56(c), (e)). In assessing the record to determine whether any such issues of material fact exist, the court is required to resolve all ambiguities and draw all reasonable inferences in favor of the nonmoving party. See Chambers, 43 F.3d at 36 (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)) (other citations omitted). Where the non-movant either does not respond to the motion or fails to dispute the movant’s statement of material facts, the court may not rely solely on the moving party’s Rule 56. 1 statement; rather, the court must be satisfied that the citations to evidence in the record support the movant’s assertions. See Giannullo v. City of New York, 322 F.3d 139, 143 n. 5 (2d Cir.2003) (<HOLDING>). B. Summary Judgment Standards for Employment Options: A. holding that this court does not entertain arguments made for the first time on appeal as the case must be decided on the facts contained in the record and not on assertions in the brief B. holding that the court had an adequate record to grant the defendants motion for summary judgment because the relevant evidence would have been in plaintiffs possession C. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion D. holding that cjredibility determinations the weighing of the evidence and the drawing of legitimate inferences from the facts are not functions of a judge ruling on a motion for summary judgment E. holding that not verifying in the record the assertions in the motion for summary judgment would derogate the truthfinding functions of the judicial process by substituting convenience for facts

assistant: The best answer is E. holding that not verifying in the record the assertions in the motion for summary judgment would derogate the truthfinding functions of the judicial process by substituting convenience for facts