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 legal provision and list the applicable contract clause categories. Provision: The Executive shall provide the Executive’s reasonable cooperation in connection with any action or proceeding (or any appeal from any action or proceeding) which relates to events occurring during the Executive’s employment hereunder. This provision shall survive any termination of this Agreement. The Company shall reimburse the Executive for any reasonable out-of-pocket expenses incurred in connection with the Executive’s performance of obligations under this Section 15 at the request of the Company. If the Executive is entitled to be paid or reimbursed for any expenses under this Section 15, the amount reimbursable in any one calendar year shall not affect the amount reimbursable in any other calendar year, and the reimbursement of an eligible expense must be made no later than December 31 of the year after the year in which the expense was incurred. The Executive’s obligations under this Section 15, and the Executive’s rights to payment or reimbursement of expenses pursuant to this Section 15, shall expire at the end of ten (10) years after the Date of Termination and such rights shall not be subject to liquidation or exchange for another benefit.

assistant: Cooperation
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 scene and the inferences of risk of danger reasonably drawn from the totality of those specific circumstances. Babb, 133 Idaho at 892, 994 P.2d at 635; Fleenor, 133 Idaho at 555, 989 P.2d at 787. See also State v. Muir, 116 Id h Cir.2007) (concluding that burglary is “a crime normally and reasonably expected to involve a weapon”); Brown v. State, 684 P.2d 874, 879 (Alaska Ct.App.1984) (recognizing that an officer “might well fear that someone suspected of burglary would carry a weapon and resort to violence”); Quevedo v. State, 554 So.2d 620, 620 (Fla.Dist.Ct.App.1989) (noting that “the mere fact that one, like Quevedo, is reasonably suspected of having committed a burglary in itself justifies a Terry pat-down and frisk for weapons”); State v. Scott, 405 N.W.2d 829, 832 (Iowa 1987) (<HOLDING>); State v. Carter, 707 P.2d 656, 660 (Utah Options: A. holding that an officer investigating a burglary especially in a residential area at an early morning hour has reasonable cause to believe a frisk is necessary for officer safety because the suspect might be armed with weapons or tools such as knives and screwdrivers which could be used as weapons B. holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger C. holding that a police officer may order an individual out of his car and frisk him for weapons if there is a reasonable belief that the individual is armed and dangerous D. recognizing that an officer must have a reasonable articulable suspicion that the person has been is or is about to be engaged in criminal activity to frisk an individual for weapons and must have probable cause to conduct a further seizure E. holding that a limited search of the outer clothing of a suspect for weapons is reasonable where the officer has a reasonable articulable basis for believing that the suspect may be armed and presently dangerous

assistant: The best answer is A. holding that an officer investigating a burglary especially in a residential area at an early morning hour has reasonable cause to believe a frisk is necessary for officer safety because the suspect might be armed with weapons or tools such as knives and screwdrivers which could be used as weapons
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents constitute the entire agreement among the parties hereto and thereto with respect to the subject hereof and thereof and shall supersede any prior agreement among the parties hereto and thereto, whether written or oral, relating to the subject matter hereof and thereof, including any term sheet or summary of principal terms provided to the Borrowers by 405 Petrodome LLC, the Agent or any Lender. Furthermore, in this regard, this Agreement and the other Loan Documents represent, collectively, the final agreement among the parties hereto and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements of such parties. There are no unwritten oral agreements among such parties.

assistant: Integration
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 Borrowers shall, and shall cause each of their Subsidiaries to, (a) comply with all Requirements of Law and all restrictive covenants affecting such Person or the business, Property, assets or operations of such Person, and (b) obtain and maintain as needed all Permits necessary for its operations (including, without limitation, the operation of the Projects) and maintain such Permits in good standing, except where noncompliance with either clause (a) or (b) above is not reasonably likely to have a Material Adverse Effect or a Mall Owner Material Adverse Effect; provided , however , that the Borrowers shall, and shall cause each of their Subsidiaries to, comply with all Environmental, Health or Safety Requirements of Law affecting such Person or the business, Property, assets or operations of such Person. The Borrowers will maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrowers, their Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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: for a rational jury to find that Defendant Cloud was a member of the conspiracy for which he was indicted. The evidence demonstrated that Defendant Cloud combined his money together with Hall to purchase large quantities of drugs on repeated occasions. Defendant Hall testified that they would pool their money together and buy an eighth or a quarter of a kilogram of crack cocaine “every day almost.” In addition, Defendant Cloud sold drugs on repeated occasions to Collier, Felix, Wilson, Ralph Jones, Jermaine Jones, and Walker. Notably, Defendant Cloud’s distribution to Jermaine Jones occurred two to three times per week over the period in question. This evidence clearly can establish more than a buyer/seller relationship; it suffices to establish a conspiracy. See Brown, 332 F.3d at 373 (<HOLDING>). 2. Defendant Abdullah The evidence is Options: A. holding that a close relationship between alleged conspirators and repeated large volume transactions were sufficient to establish a conspiracy B. holding that the defendants purchase or sale of a large volume of narcoticsin that case one kilogram of cocainecreates an inference that he is a willful member of the conspiracy C. holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators D. holding that while a simple buy and sell transaction is not sufficient for proof of a conspiracy repeated transactions for large quantities are sufficient to support an inference that the buyer and seller were engaged in a conspiracy E. holding that evidence of specific uncharged drug trafficking offenses were not extrinsic to prosecution for conspiracy to possess and distribute cocaine where the events occurred within the time period of the alleged conspiracy and were demonstrative of the conspirators conduct

assistant: The best answer is A. holding that a close relationship between alleged conspirators and repeated large volume transactions were sufficient to establish a conspiracy
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 right or remedy herein conferred upon or reserved to the Holder is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. No delay or omission of the Holder to exercise any right or power accruing upon any Event of Default occurring and continuing as aforesaid shall impair any such right or power or shall be construed to be a waiver of any Event of Default or an acquiescence therein; and every power and remedy given by this Note or by law may be exercised from time to time, and as often as shall be deemed expedient, by the Holder.

assistant: Powers
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 Reporting Company shall have paid or caused to be paid, or shall substantially simultaneously pay or cause to be paid, in full (i) all fees and other amounts due and payable by the Reporting Company or any other Loan Party to the Lead Left Arranger, the Administrative Agent and the Lenders under the Loan Documents and (ii) all fees, charges and disbursements of counsel to the Administrative Agent (directly to such counsel if requested by the Administrative Agent), in each case to the extent invoiced prior to or on the Second Amendment Effective Date (and all such payments may be made with the case proceeds of the Term B-2 Loans to be made on the Second Amendment Effective Date and/or other funds available to the Borrowers).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and inflict serious injury; thus, it was error for the court to submit to the jury the charge of assault inflicting serious bodily injury. Assault inflicting serious bodily injury requires proof of two elements: (1) the commission of an assault on another, which (2) inflicts serious bodily injury. State v. Wampler, 145 N.C. App. 127, 549 S.E.2d 563 (2001); see also, N.C.G.S. § 14-32.4 (1999). While it is clear that the first element of this offense is also an element of the indicted offense in this case, we conclude the second is not. Based on our review of the relevant statutes and case law, we conclude that “serious bodily injury” requires proof of more severe injury than the “serious injury” element of the indicted offense. See State v. Wampler, 145 N.C. App. 127, 549 S.E.2d 563 (<HOLDING>). Our Courts have declined to define “serious Options: A. holding that it was a double jeopardy violation to convict and sentence for both dui with serious bodily injury and driving without a valid license with serious bodily injury based on an injury to a single victim B. holding that specific intent is not element of assault resulting in serious bodily injury C. holding that victims injuries went beyond serious injury necessary to indict for an assault with a deadly weapon with intent to kill or inflict serious injury and constituted the permanent disfigurement contemplated by ncgs 14324 D. holding purposely inflicts serious injury and intended to cause serious injury convey the same specific intent such that it is impossible to commit one without the other E. holding that reckless conduct was lesserincluded offense of aggravated assault by threatening another with imminent bodily injury by use of deadly weapon because the danger of serious bodily injury in the lesser offense is necessarily established when a deadly weapon is used in the commission of an offense as required for the greater offense

assistant: The best answer is C. holding that victims injuries went beyond serious injury necessary to indict for an assault with a deadly weapon with intent to kill or inflict serious injury and constituted the permanent disfigurement contemplated by ncgs 14324
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: Procedure § 11.8(a) (4th ed.) (“The ‘right to the assistance of counsel’ the Supreme Court noted in Herring, ‘has been understood to mean that there, can be no restrictions upon the function of counsel in defending a criminal prosecution in accord with the traditions of the adversary factfinding process.’ Accordingly, state action, whether by statute or trial court ruling, that prohibits counsel from making full use of traditional trial procedures may be viewed as denying defendant the effective assistance of counsel.”). Of course, not all government action regulating the trial process violates the Sixth Amendment. A defendant must generally show how a particular action violates his right to a fair trial. See Michigan v. Lucas, 500 U.S. 145, 111 S.Ct. 1743, 114 L.Ed.2d 205 (1991) (<HOLDING>). This is because a rigid, per se rule is, by Options: A. holding that the sixth amendment right to present a meaningful defense does not entitle a defendant to present evidence on a question of law B. holding that courts may not find a per se sixth amendment violation where the defendant was unable to present relevant evidence C. holding that violation of state law was not a per se constitutional violation D. holding that per se statutory rule is not permissible under fourth amendment E. holding that the failure to perfect a direct appeal in derogation of a defendants actual request is a per se violation of the sixth amendment

assistant: The best answer is B. holding that courts may not find a per se sixth amendment violation where the defendant was unable to present relevant evidence
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: When evaluating minimum contacts, we consider five factors: “(1) the nature and quality of [Centreformat’s] contacts with [Missouri]; (2) the quantity of such contacts; (3) the relation of the cause of action to the contacts; (4) the interest of [Missouri] in providing a forum for its residents; and (5)[the] convenience of the parties.” Dever v. Hentzen Coatings, Inc., 380 F.3d 1070, 1073-74 (8th Cir.2004) (last alteration in original), cert. denied, 543 U.S. 1147, 125 S.Ct. 1304, 161 L.Ed.2d 108 (2005). After reviewing the record, we agree with the district court’s determination that Centreformat lacked sufficient minimum contacts with the state of Missouri to support personal jurisdiction. See Scullin Steel Co. v. Nat’l Ry. Utilization Corp., 676 F.2d 309, 313 (8th Cir.1982) (<HOLDING>). While a choice of law clause in a contract Options: A. holding that forum and law selection clauses are prima facie valid if 1 the parties choice is not a product of fraud undue influence or overweening bargaining power 2 the choice is not unreasonable and unenforceable if the chosen forum is seriously inconvenient for the trial of the action and 3 enforcement would not contravene a strong public policy of the forum in which suit is brought B. holding that phone and facsimile communications to the forum purchase orders and payments sent to the forum a choice of law clause within the contract regarding the forum state and delivery of the product within the forum state were not enough to satisfy minimum contacts C. recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties D. holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum E. holding that the defendant must have created a substantial connection to the forum state by action purposefully directed toward the forum state or otherwise invoking the benefits and protections of the laws of the state

assistant: The best answer is B. holding that phone and facsimile communications to the forum purchase orders and payments sent to the forum a choice of law clause within the contract regarding the forum state and delivery of the product within the forum state were not enough to satisfy minimum contacts
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 or Committee, as described in the Plan, may modify, extend or renew this Option or accept the surrender thereof (to the extent not theretofore exercised) and authorize the granting of a new option in substitution therefore (to the extent not theretofore exercised), subject at all times to the Plan, the Code. Notwithstanding the foregoing provisions of this Section 12, no modification shall, without the consent of the Optionee, alter to the Optionee’s detriment or impair any rights of Optionee hereunder.

assistant: Modifications
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 failure to exercise and no delay in exercising, on the part of the Administrative Agent or any Lender, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies of the Administrative Agent and the Lenders hereunder and under any other Loan Document are cumulative and are not exclusive of any rights and remedies than they 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 legal provision and list the applicable contract clause categories. Provision: Executive agrees that he will not make, utter or issue, or procure any person, firm, or entity to make, utter or issue, any statement in any form, including written, oral and electronic communications, which conveys negative or adverse information concerning Company, the Released Parties, their business, their actions or their officers, directors, shareholders or employees, to any person or entity (including, without limitation, Company employees, independent contractors, investors, shareholders, lenders, bankers, press, etc.).

assistant: Non-Disparagement
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: provided regulated parties with a familiar methodology to assist investors with assessing risk, and adequately ensured exposure to credit risk in accordance with the statute. See A.R. at JA2181 (79 Fed. Reg. at 77616). These reasons are tied to the purposes of the statute and the “appropriate operation of’ the relevant financial system, see Judu-lang, 565 U.S. 42,132 S.Ct. at 485, and the Court can “reasonably ... discern[ ]” the path of the agencies’ decisionmaking, State Farm, 463 U.S. at 43,103 S.Ct. 2856 (quoting Bowman, 419 U.S. at 286, 95 S.Ct. 438). The administrative record does not reflect, nor can the plaintiff show, that the agencies failed to explain why fair value considerations were implemented, see Black Oak Energy, LLC v. FERC, 725 F.3d 230, 243-44 (D.C. Cir. 2013) (<HOLDING>), or that the agencies’ considerations for how Options: A. holding that the federal energy regulatory commissions orders requiring the regional transmission organization to recoup funds were arbitrary and capricious because the commission failed to explain why recouping funds was warranted B. holding that even when there is a conflict of evidence before the commission and the evidence was such that the commission could have reasonably reached a contrary decision the commissions decision was not arbitrary and capricious C. recognizing that federal authority under the fpa extends to the transmission of electric energy in interstate commerce and that fpa section 206 is among those provisions that grant authority in connection with such interstate transmission opera tions D. holding that any alteration to agency action can be held arbitrary and capricious if the agency does not satisfactorily explain its reason for the alteration E. holding it is not arbitrary and capricious to request additional evidence of continuing disability

assistant: The best answer is A. holding that the federal energy regulatory commissions orders requiring the regional transmission organization to recoup funds were arbitrary and capricious because the commission failed to explain why recouping funds was warranted
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: Notice of any meeting of the Managers shall be sent to all Managers and shall be given no fewer than 10 days and no more than 30 days prior to the date of the meeting. Notices shall be delivered in the manner set forth in Section 12.2. The attendance of a Manager at any meeting shall constitute a waiver of notice of such meeting, except where a Manager attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any meeting of the Managers need be specified in the notice or waiver of notice of such meeting.

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: Pursuant to Company policy, and to the extent not set forth in the Compensation Schedule, the Company shall reimburse the Employee for all authorized travel and other reasonable expenses incurred by him in furtherance of the Company’s business upon the Employee’s presentation of an itemized account of expenditures.

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 captions to the several Articles and Sections of this Agreement are included only for convenience of reference and shall not in any way affect the construction of, or be taken into consideration in interpreting, this Agreement. In this Agreement: (a) the word “including” shall be deemed to be followed by the phrase “without limitation” or like expression; (b) references to the singular shall include the plural and vice versa; (c) references to masculine, feminine and neuter pronouns and expressions shall be interchangeable; (d) the words “herein” or “hereunder” relate to this Agreement; (e) the words “shall” and “will” have the same meaning; (f) references to a particular statute or regulation include all rules and regulations thereunder and any predecessor or successor statute, rules or regulation, in each case as amended or otherwise modified from time to time; (g) references to a particular person include such person’s successors and assigns to the extent not prohibited by this Agreement; (h) unless otherwise specified, “$” is in reference to United States dollars; and (i) the word “or” has the inclusive meaning represented by the phrase “and/or”.

assistant: Interpretations
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: Executive shall be entitled to participate in benefits under the Company’s benefit plans, profit sharing and arrangements, including, without limitation, any employee benefit plan or arrangement made available in the future by the Company to its employees or senior executives, subject to and on a basis consistent with the terms, conditions and overall administration of such plans and arrangements. The Company shall have the right to amend or delete any such benefit plan or arrangement made available by the Company to its employees or senior executives and not otherwise specifically provided for herein. Notwithstanding the foregoing, during the Employment Term (as hereinafter defined), the Company will provide, at the Company’s expense, health and major medical insurance benefits to the Executive and his family members which are at least equal to the benefits provided to the Executive and his family members immediately prior to the Effective Date.

assistant: Benefits
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: on Virginia’s recognized list. d. Specific Facts Can Give Rise to a Special Relationship As mentioned supra, the absence of one of the enumerated special relationships recognized by the Virginia Supreme Court does not end the analysis. “[PJarents, students, and the general community still have a reasonable expectation, fostered in part by colleges themselves, that reasonable care will be exercised to protect resident students from foreseeable harm.” Schieszler, 236 F. Supp. 2d at 610 (quoting Mullins v. Pine Manor College, 389 Mass. 47, 449 N.E.2d 331 (1983)). Even without recognizing one of the special relationships alleged by Doe, the particular facts alleged in a case can give rise to a special relationship. Id. at 609; see also Yuzefovsky, 261 Va. at 107, 540 S.E.2d at 139 (<HOLDING>). For instance, in Burdette v. Marks, the Options: A. recognizing special circumstances exception B. holding that the special relationship exception does not apply to the relationship between a student and a school C. holding that a special relationship may arise from the factual circumstances of a particular case D. holding that a duty of care may arise out of a contractual relationship between two parties E. recognizing the existence of the special relationship

assistant: The best answer is C. holding that a special relationship may arise from the factual circumstances of a particular case
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: 878 So.2d at 395. On appeal, Wakeman argues that, under the agreements between the parties, she has been granted the status of a parent for the two minor children born to Dixon and that the trial court erred in not extending the protections of chapter 61, Florida Statutes, to her and the two children. We find that the appellant’s arguments lack support in Florida law. The Florida Supreme Court has held that, under the privacy provision in the Florida Constitution, a third party, even a grandparent, cannot be granted by statute the right to visitation with minor children, because, absent evidence of a demonstrable harm to the child, such a grant unconstitutionally interferes with a natural parent’s privacy right to rear his or her child. See Beagle v. Beagle, 678 So.2d 1271 (Fla.1996)(<HOLDING>); Von Eiff v. Azicri, 720 So.2d 510 Options: A. holding that foster parents have standing to intervene to seek termination of parental rights B. holding that ocs is not required to wait to intervene until a child has suffered actual harm before requesting a finding that a child is in need of aid C. holding that county was not immune from liability for continued sexual abuse of child resulting from social workers failure to convey information to supervisor about report of child abuse stating that failure to communicate did not involve planning decisions or the balancing of policy objectives D. holding that a party who can show a significant risk of irreparable harm has demonstrated that the harm is not speculative E. holding that the state may not properly intervene in parental decisionmaking absent significant harm to the child threatened by or resulting from those decisions

assistant: The best answer is E. holding that the state may not properly intervene in parental decisionmaking absent significant harm to the child threatened by or resulting from those decisions
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 outstanding principal balance of this Note shall bear interest (computed on the basis of a 360-day year, actual days elapsed) either (i) at a fluctuating rate per annum determined by Bank to be two and one quarter percent (2.25%) above Daily One Month LIBOR in effect from time to time, or (ii) at a fixed rate per annum determined by Bank to be two and one quarter percent (2.25%) above LIBOR in effect on the first day of the applicable LIBOR Period. Bank is hereby authorized to note the date, principal amount and interest rate applicable thereto and any payments made thereon on Bank's books and records (either manually or by electronic entry) and/or on any schedule attached to this Note, which notations shall be prima facie evidence of the accuracy of the information noted.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 513 U.S. 946, 115 S.Ct. 356, 130 L.Ed.2d 311 (1994) (“An issue is waived unless a party raises it in its opening brief, and for those purposes ‘a passing reference to an issue ... will not suffice to bring that issue before this court.’ ”) (quoting Simmons v. City of Philadelphia, 947 F.2d 1042, 1066 (3d Cir.1991), cert. denied, 503 U.S. 985, 112 S.Ct. 1671, 118, L.Ed.2d 391 (1992)); United States v. Dunkel, 927 F.2d 955, 956 (7th , Cir.1991) (“A skeletal ‘argument’, really nothing more than an assertion, does not preserve a claim.... Especially not when the brief presents a passel of other arguments .... Judges are not like pigs, hunting for truffles buried in briefs.”). Further, arguments raised in footnotes are not preserved. See Cross Med. Prods., Inc., 424 F.3d at 1320-21 n. 3 (<HOLDING>); Fuji Photo Film Co. v. Jazz Photo Corp., 394 Options: A. holding that issues not raised in a partys opening brief are waived B. holding that arguments not raised in the opening brief are waived C. holding that an argument raised only in fact section of opening brief and in reply brief is not properly raised D. holding argument not raised in opening brief but raised for the first time in reply brief was waived E. holding that an argument raised in a footnote in an opening brief was waived as not properly raised

assistant: The best answer is E. holding that an argument raised in a footnote in an opening brief was waived as not properly raised
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: J. We affirm appellant’s convictions of DUI manslaughter and DUI property damage. We reverse, based on double jeopardy, appellant’s conviction of vehicular homicide and remand for the trial court to vacate the conviction and sentence on this count. See State v. Chapman, 625 So.2d 838 (Fla.1993) (<HOLDING>). AFFIRMED in part; REVERSED in part; and Options: A. holding that dwi manslaughter and vehicular homicide are different forms of the same offense B. holding that under the particular facts alleged in the indictment vehicular homicide was a lesser offense included in the murder charge C. recognizing that two prior first offense dui convictions were sufficient predicate for third offense dui conviction D. recognizing that dui manslaughter and vehicular homicide are two separate crimes neither being a lesser included offense of the other but holding that a single death cannot support convictions for both crimes E. holding that under the crimes code conspiracy and the completed substantive offense are separate crimes

assistant: The best answer is D. recognizing that dui manslaughter and vehicular homicide are two separate crimes neither being a lesser included offense of the other but holding that a single death cannot support convictions for both crimes
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: With respect to Product Commercialization Activities, the powers and responsibilities of the JSC and any JSC Subcommittee established for the purpose of oversight of such Commercialization Activities are limited to the matters set forth in this Section 3.3 and Article 4. Neither the JSC nor any JSC Subcommittee shall have the power to amend, modify, or waive compliance with this Agreement with respect to Commercialization Activities required to be undertaken by Licensee under this Agreement, including, without limitation, the Commercialization Plans for the Product and any Indications. Notwithstanding the foregoing, Licensee reserves the right to decide each such Commercialization matter in its sole and absolute discretion, including amending or modifying any Commercialization Plan.

assistant: Powers
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: 249 (9th Cir.1997). Dismissal without leave to amend is proper only in “extraordinary” cases. United States v. City of Redwood, 640 F.2d 963, 966 (9th Cir.1981). When ruling on a 12(b)(6) motion, the complaint must be construed in the light most favorable to the plaintiff. Parks Sch. of Bus. Inc. v. Symington, 51 F.3d 1480, 1484 (9th Cir.1995). The court must accept as true all material allegations in the complaint, as well as any reasonable inferences to be drawn from them. Pareto v. FDIC, 139 F.3d 696, 699 (9th Cir.1998). In order to allege a claim upon which relief may be granted under § 1983, a plaintiff must show that he or she has been deprived of a right “ ‘secured by the Constitution and ... laws’ of the United States” and that the deprivation was “ ‘under color’ ” of sta 1965) (<HOLDING>). “[Government officials performing Options: A. holding that if a police officer inflicted no constitutional injury on a suspect it is inconceivable that the police commissioners could be liable to the suspect B. holding that there was no arrest when suspect was moved from his own truck to a police car C. holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation D. holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity E. holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime

assistant: The best answer is D. holding that prosecutors who soon after arrest of suspect allegedly directed police to coerce confession from suspect were not entitled to absolute immunity because interrogation is ordinarily a police activity
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: Either Party may terminate this Agreement for any reason upon written notice to the other, such termination to become effective 30 days from the date of the notice; provided that this Agreement may be terminated on such shorter notice with respect to any Aircraft as may be required to comply with applicable laws, regulations, the requirements of any financial institution with a security or other interest in such Aircraft, insurance requirements, in the event the insurance required under this Agreement is not in full force and effect or if Lessor sells or transfers such Aircraft.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by counsel at all stages of the proceedings." CINA Rule 12(a). 24 . See 25 U.S.C. § 1912(2) (2012). 25 . See D.M. v. State, Div. of Family & Youth Servs., 995 P.2d 205, 212-14 (Alaska 2000) (noting that in many cases, late or inadequate notice may deny the parent due process, but concluding that there had been no showing that lack of proper notice risked erroneous termination of parental rights). 26 . Paula E. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 276 P.3d 422, 433 (Alaska 2012). 27 . Id. (quoting D.M., 995 P.2d at 212) (citations omitted). 28 . Payton briefs this issue on appeal; Effie adopts Payton's argument by reference. 29 . See Alyssa B. v. State, Dep't of Health & Soc. Servs., Div. of Family & Youth Servs., 165 P.3d 605, 610 (Alaska 2007) (<HOLDING>). 30 . Paula E., 276 P.3d at 432-33 (quoting Options: A. holding that the standard of proof for dischargeability actions is the preponderance of the evidence standard B. holding that a defendant must prove an affirmative defense at sentencing stage by a preponderance of evidence C. holding that the proper standard of proof is preponderance of the evidence D. holding that the district court determines the amount of loss under the preponderance of the evidence standard E. holding that challenges to a trial courts finding of probable causeincluding an allegation that the father did not receive notice of the hearingwere mooted when the trial court later decided cina status at the adjudication stage by a preponderance of the evidence a higher standard

assistant: The best answer is E. holding that challenges to a trial courts finding of probable causeincluding an allegation that the father did not receive notice of the hearingwere mooted when the trial court later decided cina status at the adjudication stage by a preponderance of the evidence a higher standard
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 laws governing the agency; any appendix to a rule; * * * any internal management rule [and] any amendment or rescission of a rule.” While Ohio Adm.Code 4901:2-5-02(A) may be a rule under this definition, it is not the rule at issue in the present case. Instead, the rules which are at issue are the FMCSRs as adopted by the PUCO as Ohio Administrative Rules. The FMCSRs as adopted by the PUCO fit squarely within the definition of “rule” contained in R.C. 111.15(A)(1). The PUCO adopted the FMCSRs under the authority of its enabling statutes, and the FMCSRs have “general and uniform operation” for motor carriers operating in Ohio. See Ohio Assn. of Cty. Bds. of Mental Retardation & Developmental Disabilities v. Pub. Emp. Retirement Sys. (1990), 61 Ohio Misc.2d 836, 842, 585 N.E.2d 597 (<HOLDING>). It is clear that the PUCO was applying the Options: A. recognizing rule B. holding that a rule has general and uniform operation for purposes of rc 11115a1 if it is uniformly applied by the promulgating agency to those affected by the rule C. recognizing general rule D. holding transfer rule did not violate federal equal protection as rule was uniformly applied not arbitrary and rationally related to legitimate government interest E. recognizing this as the general rule

assistant: The best answer is B. holding that a rule has general and uniform operation for purposes of rc 11115a1 if it is uniformly applied by the promulgating agency to those affected by the rule
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: Eleventh Circuit is the only Circuit Court of Appeals to have addressed this question. In Wascura v. Carver, 169 F.3d 683, 686 (11th Cir.1999), the Court found that “a public official sued in his individual capacity is not an ‘employer’ subject to individual liability under the” FMLA. The Eleventh Circuit found that it was precedentially bound to so hold by a prior decision making the same finding with respect to public officials in the FLSA context. Id. The Court provided no other rationale for its holding. This Court respectfully disagrees with the minority view expressed in Wascura and joins the judicial majority, which has found that public officials may be held hable under the FMLA in their individual capacities. Carter v. U.S. Postal Serv., 157 F.Supp.2d 726, 728 (W.D.Ky.2001) (<HOLDING>); Morrow v. Putnam, 142 F.Supp.2d 1271, 1276 Options: A. holding that the public interest factor was not implicated in a noncompete case because the specific action at issue would not help or harm the public and the public interest factor is generally considered within the confines of disputes involving governmental agencies or programs rather than in the adjudication of private controversies B. holding that under the fmla an employer includes both individuals and public agencies and therefore also includes individuals in public agencies C. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public D. holding that public social service agencies were employers of inhome chore workers who served disabled public assistance recipients E. holding that property of a public entity includes having exclusive control and possession of property

assistant: The best answer is B. holding that under the fmla an employer includes both individuals and public agencies and therefore also includes individuals in public agencies
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: Purchaser shall indemnify, protect and hold the Indemnified Parties harmless from and against any and all claims, actions, judgments, liabilities, liens, damages, penalties, fines, costs and reasonable attorneys' fees, foreseen or unforeseen, asserted against, imposed on or suffered or incurred by Seller directly or indirectly arising out of or in connection with any breach of the warranties, representations and covenants set forth in this Section 8 . The warranties, representations and indemnities set forth in this Section 8 shall be deemed remade as of Closing and shall survive Closing.

assistant: Indemnity
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: (i) The Accounts, Credit Card Agreements related thereto and Credit Insurance Product were solicited, originated and continue to comply with all applicable Laws in all material respects, (ii) Seller has complied with all applicable Laws in all material respects with respect to the solicitation, origination, maintenance and servicing of the Accounts and Credit Insurance Product, including any change in the terms of any Account, (iii) except as would not have a Material Adverse Effect Seller has implemented policies and procedures reasonably designed to prevent, detect and mitigate the risk of identity theft in the Accounts, and (iv) except as would not have a Material Adverse Effect Seller has complied with all applicable Law relating to the protection of the confidential information and privacy rights of the Accountholders or Account applicants.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: BORROWER, THE AGENT AND THE LENDERS HEREBY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH ANY LOAN DOCUMENT OR THE RELATIONSHIP ESTABLISHED THEREUNDER.

assistant: Waiver Of Jury Trials
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 Participant (a) acknowledges that the Plan and the prospectus relating thereto are available to the Participant on the website maintained by the Company’s third party stock plan administrator; (b) represents that he or she has read and is familiar with the terms and provisions thereof, has had an opportunity to obtain the advice of counsel of his or her choice prior to executing this Agreement and fully understands all provisions of the Agreement and the Plan; (c) accepts these PSUs subject to all of the terms and provisions thereof; (d) consents and agrees to all amendments that have been made to the Plan since it was adopted in 2007 (and for the avoidance of doubt consents and agrees to each amended term reflected in the Plan as in effect on the date of this Agreement), and consents and agrees that all options, restricted stock units and PSUs, if any, held by the Participant that were previously granted under the Plan as it has existed from time to time are now governed by the Plan as in effect on the date of this Agreement (except to the extent the Committee has expressly provided that a particular Plan amendment does not apply retroactively); and (e) agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions arising under the Plan or this Agreement.

assistant: Consents