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: Court in the intervening years. See Fairfield, 246 S.W.3d at 668 & n. 22 (citing with approval Milligan, Shaffer, Vanderlinden, and Government Employees Ins. Co. v. Lichte, 792 S.W.2d 546, 549 (Tex.App.-El Paso 1990), writ denied per curiam, 825 S.W.2d 431 (Tex.1991)); see also id. at 683 (Hecht, J., concurring) (identifying Manriques v. Mid-Century Ins. Co., 779 S.W.2d 482 (Tex.App.-El Paso 1989, writ denied), a case relied on by Laine, as one of only two courts that “have concluded that punitive damages are damages for bodily injury covered by automobile policies,” a position that “has been uniformly rejected in the context of uninsured and underinsured motorist coverage”); Home Indem. Co. v. Tyler, 522 S.W.2d 594, 597 (Tex.Civ.App.-Houston [14th Dist.] 1975, writ ref'd n.r.e.) (<HOLDING>), overruled by Milligan, 940 S.W.2d 228 (citing Options: A. holding business automobile policy issued to a corporation did not provide uninsured motorist coverage for owners son B. holding that while the owner of several vehicles by paying a single premium for um coverage applicable to only one of them secures um coverage for himself and his family while occupying the uninsured vehicles as well as the insured vehicle the number of uninsured motorist coverages available to be stacked should be based upon the number of coverages for which uninsured motorist premiums were paid C. holding that language requiring insurer to pay all sums which the insured shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile includes recovery of exemplary damages under uninsured motorist provision of policy D. holding that an insurer may assert as defenses the nonnegligence of the uninsured the contributory negligence of the insured and the lack of resulting damage all being matters of substantive law and legal defenses of the uninsured but it does not succeed to the rights of the uninsured motorist to interpose the latters procedural defense of statute of limitations E. holding that a hit and run or unknown driver is deemed to be uninsured for purposes of the uninsured motorist statute

assistant: The best answer is C. holding that language requiring insurer to pay all sums which the insured shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile includes recovery of exemplary damages under uninsured motorist provision of policy
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, and will cause each of the Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and tradenames material to the conduct of the business of the Company and the Subsidiaries, taken as a whole; provided that the foregoing shall not prohibit any merger, consolidation, liquidation, dissolution or other transaction permitted under Section 6.03.

assistant: Existence
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: organizations are included as defendants in the complaint; T.R. 75(A)(5). Regardless of whether Franklin County is a preferred venue, its status as such is trumped by Trial Rule 76(A), which states explicitly that a motion requesting a change of venue “shall be granted only upon a ’ showing that the county where suit is pending is a party.” That is clearly the case here. Accordingly, the trial court was required to grant the City’s motion and erred in failing to do so. See Scott v. Consol. City of Indianapolis, 833 N.E.2d 1094, 1101 (Ind.Ct.App.2005) (“According to the plain reading of Trial Rule 76, a change of venue occurs when the county is a party to the action.”); see also Bd. of Comm’rs of LaPorte Cnty. v. Great Lakes Transfer, LLC, 888 N.E.2d 784, 790 (Ind.Ct.App.2008) (<HOLDING>). [5] The City also claims that the case should Options: A. holding that if a modification petition is filed in a county where venue is appropriate it is improper to transfer the venue to another county merely because venue also would have been proper in the other county however once an enforcement proceeding is undertaken in an appropriate venue venue is improper in a different county over a subsequently filed petition to modify the decree which was the subject of the enforcement proceedings B. holding that the defendant waived the issue of change of venue where the trial court denied the motion for a change of venue without prejudice stating that it was willing to reconsider the motion at any time during the jury selection process but the defendant never renewed the motion for a change of venue C. holding that tr 76a required that the trial court grant the motion for change of venue from laporte county where laporte county was a party to the action despite the fact that it was also a preferred venue D. holding that motion to transfer also must show either that county where action is pending is improper or that venue is mandatory in another county E. holding that venue was improper in the county of death because no other event occurred there

assistant: The best answer is C. holding that tr 76a required that the trial court grant the motion for change of venue from laporte county where laporte county was a party to the action despite the fact that it was also a preferred venue
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: Any provision of this Amendment which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are located in a country embargoed by the united states , or are on the u.s. treasury department 's list of specially designated nationals you will not engage in commercial activities on facebook ( such as advertising or payments ) or operate a platform application or website .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Participant’s employment with the Company or any Affiliate or Subsidiary terminates due to the Participant’s death, the Participant shall become vested in a prorata number of PSUs and entitled to receive a number of PSUs based on actual performance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower Party is a U.S. Person and shall timely file all tax returns that are required to be filed by them and shall timely pay and discharge all taxes, assessments and governmental charges or levies imposed on it or on its income or profits or on any of its property prior to the date on which penalties attach thereto, except for any such tax, assessment, charge or levy the payment of which is being contested in good faith and by proper proceedings and against which adequate reserves are being maintained.

assistant: Taxes
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: be needed, including two “environmental exerts to prove/refute the presence of mold in the Logan’s apartment(s)” and two “medical experts to prove/refute the Logan’s contention that they suffered damages, including bodily injuries, caused by mold in their apartment(s).” Id. at 13. According to American, “there is no question that the value of the defense and the indemnification sought by Midland together plausibly exceed $75,000.” Id. American’s argument is compelling. As a threshold matter, American is correct that both the cost of providing a defense and the potential cost of indemnifying Midland count toward the amount in controversy. This remains the case even where — as here — the underlying lawsuit remains pending. Meridian Sec. Ins. Co. v. Sadowski, 441 F.3d 536 (7th Cir.2006) (<HOLDING>). American has also sufficiently alleged (that Options: A. holding that court of appeals was without jurisdiction to modify judgment against insurer because judgment against insurer became final when it failed to appeal B. holding that potential outlay for indemnification was put in controversy as soon as insurer brought a declaratory judgment against its insured even though a judgment in the underlying suit had not yet been rendered because if the insurer prevailed on defense it would also prevail on indemnification in the same stroke C. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer D. holding that in light of evidence that the insurer would have denied coverage even if it had received suit papers on a timely basis the insurer could not show prejudice E. holding that where there has been no settlement or judgment of liability regarding the underlying claim any imposition of liability is not so immediate as to warrant declaratory relief on the issue of indemnification

assistant: The best answer is B. holding that potential outlay for indemnification was put in controversy as soon as insurer brought a declaratory judgment against its insured even though a judgment in the underlying suit had not yet been rendered because if the insurer prevailed on defense it would also prevail on indemnification in the same stroke
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: serious risk of harm. Cf. Mingus v. Butler, 591 F.3d 474, 481 (6th Cir.2010) (“Even if we assume, without deciding, that [plaintiff] faced an objectively serious risk of harm, [defendant] was not deliberately indifferent to that risk.”). Defendant Christopher Flewelling There is no dispute that Flewelling knew Meier’s BAC was 0.31, a BAC that Flewelling described in his deposition testimony as “pretty high.” (R. 47, Ex. E, C. Flewelling Dep. at 35.) He also knew that Meier was incapable of passing sobriety tests and that his speech was slurred. However, Meier’s intoxication by itself— even at the extreme level indicated by the BAC—was insufficient to put Flewelling on notice that Meier needed medical attention. Cf. Schack v. City of Taylor, 177 Fed.Appx. 469, 472 (6th Cir.2006) (<HOLDING>). This is especially true because other signs Options: A. holding that doctrine does not violate due process B. holding the defendant lacked any expectation of privacy in his cell so the jailer had the right to inspect anything in his cell C. holding that doctrine does not violate right of confrontation D. holding that the district court erred in failing to hold an evidentiary hearing where the defendant stated a colorable claim that the government violated his constitutional right to counsel by placing him in a cell with a known informant who may have been acting as a government agent E. holding that placing a highly intoxicated man who exhibited no other signs of alcoholrelated ailment in a holding cell does not violate contemporary standards of decency

assistant: The best answer is E. holding that placing a highly intoxicated man who exhibited no other signs of alcoholrelated ailment in a holding cell does not violate contemporary standards of decency
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 type of error that typically justifies remand. Id. at 1217; see Huffman, 194 F.3d at 1077-79 (defendant’s failure to file notice of removal within the thirty-day period necessitated remand upon plaintiffs motion); see also Cornwall v. Robinson, 654 F.2d 685, 686-87 (10th Cir.1981) (finding that remand was appropriate when the notice was defective because a co-defendant had not joined the notice of removal). Last, the court found that the sole objective sought by Congress when it amended the removal statutes was to force the parties to raise objections promptly so procedural defects cannot later be used to prejudice the other party in court. Yellow, 406 F.Supp.2d at 1219. The defendant in Yello elers Cas. & Surety Co. of Am., No. 05-144, 2005 WL 1653629, at *4 (D.Or. July 6, 2005) (<HOLDING>); Lorensen v. Jenney Mfg. Co., 158 F.Supp. 928, Options: A. holding that a defendants failure to attach process to its notice of removal was not fatal and did not require remand B. holding that failure to allege plaintiffs citizenship in notice of removal amounted to defect in removal procedure under former version of 28 usc 1447c C. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal D. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand E. holding that the defendants filing of a notice of removal before being served by plaintiffs did not render removal defective

assistant: The best answer is D. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand
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 considered “whether a tribe qualifies as a claimant — a ‘person within the jurisdiction’ of the United States—under § 1983.” 538 U.S. 701, 709, 123 S.Ct. 1887, 155 L.Ed.2d 933 (2003) (emphasis omitted). The Court reviewed how it had treated this question in other statutory contexts and explained that whether a sovereign entity is “a ‘person’ who may maintain a particular claim for relief depends not upon a bare analysis of the word ‘person,’ but on the legislative environment in which the word appears.” Id. at 711, 123 S.Ct. 1887 (2003) (quotations and citations omitted). That is, whether a sovereign entity may be considered a “person” depends on the specific rights that it is asserting. See, e.g., Pfizer, Inc. v. Gov’t of India, 434 U.S. 308, 98 S.Ct. 584, 54 L.Ed.2d 563 (1978) (<HOLDING>); Georgia v. Evans, 316 U.S. 159, 62 S.Ct. 972, Options: A. holding that a state as a purchaser of asphalt was a person when suing under the sherman act for restraint of trade B. holding that in a 1981 case it not controlling that a black person is suing a black person C. holding that by the introduction and admission of the delawares as part of the cherokee nation they became a part of the people of such nation and bound in common with the cherokees by the political power of the nation D. holding that a foreign nation as a purchaser of antibiotics was a person when suing pharmaceutical manufacturers for violating antitrust laws E. holding that as a matter of law the embassy of a sovereign nation is a foreign state

assistant: The best answer is D. holding that a foreign nation as a purchaser of antibiotics was a person when suing pharmaceutical manufacturers for violating antitrust 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 and Operating Lessee shall use reasonable efforts to cooperate (at Lender’s expense) with all reasonable requests of Lender in connection with this Section 9.3 . Subject to Section 9.3.2 , if reasonably requested by Lender, Borrower and Operating Lessee shall promptly execute and deliver such documents as shall be required by Lender and any Rating Agency in connection with any modification or New Mezzanine Loan pursuant to this Section 9.3 , all in form and substance reasonably satisfactory to Lender and satisfactory to any applicable Rating Agency, including, the severance of security documents if requested and/or, in connection with the creation of any New Mezzanine Loan: (i) execution and delivery of a promissory note and loan documents necessary to evidence such New Mezzanine Loan, (ii) execution and delivery of such amendments to the Loan Documents as are necessary in connection with the creation of such New Mezzanine Loan, (iii) delivery of opinions of legal counsel with respect to due execution, authority and enforceability of any modification documents or documents evidencing or securing any New Mezzanine Loan, as applicable and (iv) with respect to any New Mezzanine Loan, delivery of an additional Insolvency Opinion for the Loan and a substantive non-consolidation opinion; each as reasonably acceptable to Lender, prospective investors and/or the Rating Agencies. In the event Borrower and/or Operating Lessee fails to execute and deliver such documents to Lender within five (5) Business Days following such request by Lender, Borrower and Operating Lessee each hereby absolutely and irrevocably appoints Lender as its true and lawful attorney, coupled with an interest, in its name and stead to make and execute all documents necessary or desirable to effect such transactions, Borrower and Operating Lessee each hereby ratifying all that such attorney shall do by virtue thereof.

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 legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse Consultant for all ordinary and reasonable out-of-pocket business expenses incurred by him in connection with his performance of services for the Company during Term, provided Consultant submits an expense reimbursement request and supporting documentation in accordance with the Company’s expense reimbursement policy in effect from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices under this Agreement must be in writing and will be deemed given when delivered in person, one business day after being sent by overnight courier, or four business days after being mailed by certified mail. Notices to Corporation must be addressed to Barrett Business Services, Inc., Attention: Chairman of the Board, at Corporation's headquarters address. Notices to Executive are to be sent to the last address Executive has provided from time to time to Corporation's human resources department. Either party may change its address for notices by giving notice of the change to the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. Without limiting the generality of the foregoing, this Agreement is intended to confer upon the Indemnitee indemnification rights to the fullest extent permitted by applicable laws. In the event any provision hereof conflicts with any applicable law, such provision shall be deemed modified, consistent with the aforementioned intent, to the extent necessary to resolve such conflict.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company stipulates that the remedies at law of the Holder in the event of any default or threatened default by the Company in the performance of or compliance with any of the terms of this Warrant are not and will not be adequate, and that such terms may be specifically enforced by a decree for the specific performance of any agreement contained herein or by an injunction against a violation of any of the terms hereof or otherwise.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower hereby agrees to reimburse each Lender for up to $10,000 in reasonable and documented out-of-pocket costs and expenses (including reasonable and documented attorneys' fees and expenses) incurred by each Lender in connection with the preparation, negotiation, execution and delivery of this Amendment.

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: Martin v. Malhoyt, 830 F.2d 237, 264 (D.C.Cir.1987) (quoting Restatement (Second) of Judgments § 13 cmt. f(1982)). Therefore, the defendants could have included the affirmative defenses in their answer. But delay alone is not sufficient reason to deny a motion for leave to amend a pleading, and although the delay here is substantial, it must be weighed against the “time and judi ndants’ dispositive motions, taken alone, should fail because they incorporate affirmative defenses not set forth in their answer. See Harris, 126 F.3d at 345; Fed.R.Civ.P. 8(c). But the fact that the defendants erred in filing their dispositive motion before seeking leave to amend their answer does not persuade the court to deny their motion for leave to file an amended answer. See Harris, 126 F.3d at 345 (<HOLDING>). Indeed, allowing the defendants to amend Options: A. holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion B. recognizing that trial court properly left the door open for defendant to prove its defenses to the fed complaint C. holding that where incorrectly named defendant filed a motion to dismiss and an answer with affirmative defenses and actively participated in discovery it led the plaintiff to believe that the correct defendant had been sued and that the plaintiff was therefore entitled to amend its complaint to correct the misnomer D. holding that a party may not raise a new claim in its response to a dispositive motion E. holding that affirmative defenses are waived if not pled

assistant: The best answer is A. holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion
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: Your eligibility to receive the Severance Benefits is subject in all respects to the terms and conditions of the Severance Agreement, including, without limitation, your timely execution and non-revocation of the Waiver (as defined in the Severance Agreement), your compliance with Sections 4 (“ Nondisparagement Covenant ”), 5 (“ Return of Property ”) and 6 (“ Post-Separation Date Assistance ”) of the Severance Agreement. In addition, your eligibility to receive the Severance Benefits is contingent upon your employment not being terminated by the Company for Cause (as defined in the Severance Agreement) prior to the Separation Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3.1(g) of the Disclosure Schedule, the Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options under the Company’s stock option plans as set forth on said Schedule 3.1(g) , the issuance of shares of Common Stock to employees pursuant to the Company’s employee stock purchase plans and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act, all of which are set forth on Schedule 3.1(g) . No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents that have not been fully satisfied. Except as a result of the purchase and sale of the Notes, and other than as set forth in Schedule 3.1(g) , there are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire any shares of Common Stock, or contracts, commitments, understandings or arrangements, whether oral or in writing, by which the Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents. Except as set forth on Schedule 3.1(g) of the Disclosure Schedule, the issuance and sale of the Notes will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities or any contractual rights granted to any other Person. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Notes. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

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: (a) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) that involve this Agreement or the Transactions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Protection Act is preempted by ERISA, it would not preempt Plaintiffs claim that there were also violations of the Michigan Business Corporation Act and therefore summary judgment as to Count I at this time would be inappropriate.” Pl.’s Resp. 7-8. Plaintiff offers no citation to legal authority for his argument. And an independent review reveals none. Rather, as the above authorities illustrate, a state-law cause of action that “relates to” an ERISA plan is preempted. Plaintiffs claimed violations of the Michigan Business Corporation Act do mpre than “relate to” a 330 (2d Cir.2005) (per curiam) (same); King v. Marriott Int’l, Inc., 337 F.3d 421, 427-28 (4th Cir.2003) (same); with George v. Junior Achievement of Cent. Ind., Inc., 694 F.3d 812, 815 (7th Cir.2012) (Easterbrook, J.) (<HOLDING>); Anderson v. Elec. Data Sys. Corp., 11 F.3d Options: A. holding that underlying complaints filed by several plaintiffs all contained express allegations of property damage and that because all complaints arose from the same set of circumstances the allegations in any single complaint can be inferred in the other complaints B. holding that 510 applies to unsolicited informal complaints C. holding that the act applies prospectively to complaints filed after its effective date D. holding that informal complaints to superiors about discrimination constitute protected activity E. holding that the prison mailbox rule applies to 1983 complaints

assistant: The best answer is B. holding that 510 applies to unsolicited informal complaints
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: a Determination that sustained the frivolous return penalties and federal tax lien. See Civil Penalty Notice of Determination at 1. Le Doux responded within thirty days by filing a Complaint with the Court. The United States moves the Court pursuant to rule 56 of the Federal Rules of Civil Procedure to sustain the determinations of the IRS Appeals. STANDARD OF REVIEW Section 6330 of the Internal Revenue Code does not state which standard of review courts should apply in collection due process reviews like Le Doux’, but legislative history does. A House Conference Report states courts should apply de novo review where “the validity of the tax liability [is] properly at issue.” H.R. Conf. Rep. No. 105-599, at 266 (1998). See Sego v. Commissioner, 114 T.C. 604, 610, 2000 WL 889754 (2000)(<HOLDING>). Otherwise, courts should apply abuse of Options: A. recognizing de novo standard of review B. holding that de novo review applies when the underlying tax liability is properly at issue C. holding that the proper review for the trial courts application of the law is de novo D. holding statutory interpretation is subject to de novo review E. holding that review of the construction of a sentencing statute is de novo

assistant: The best answer is B. holding that de novo review applies when the underlying tax liability is properly at issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as is not material, the Company and each of its Subsidiaries have complied with all Legal Requirements and are not in violation of any Legal Requirement. As of the Agreement Date, neither the Company nor any of its Subsidiaries have received any notices of suspected, potential or actual material violation with respect to, any Legal Requirement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by incorporation of federal law. The United States Supreme Court has resolved only a handful of cases in the civil rights area over the years. The literature is full of documentation of various splits in the federal circuits on numerous questions that the Supreme Court has not resolved. The stability of incorporating a handful of Supreme Court precedents is outweighed by dragging into Iowa law the many controversies in the federal caselaw that have not been resolved. 23 .No one would suggest, for instance, that if Iowa were to adopt a statute modeled after the statute of another state, we would be compelled to follow the interpretations of the supreme court of the other state in interpretation of Iowa law, See Crosby v. Alton Ochsner Med. Found., 276 So.2d 661, 665 (Miss. 1973) (<HOLDING>). 24 . For an interesting discussion, see Tyler Options: A. holding unconstitutional the provision in a georgia abortion statute limiting abortions to georgia residents B. holding under the mississippi constitution that it is always and in every case reversible error for the courts of mississippi to deny an accused the right to have a jury decide guilt as to each and every element C. holding that georgia refund statute signifies state waiver of immunity only to the extent provided by the express terms of the statute D. holding that when mississippi adopted a statute modeled after a georgia enactment decisions of the georgia courts did not bind mississippi courts in interpretation of the statute E. recognizing twoyear statute of limitations for section 1981 claims filed in federal court in georgia

assistant: The best answer is D. holding that when mississippi adopted a statute modeled after a georgia enactment decisions of the georgia courts did not bind mississippi courts in interpretation of the statute
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: ( iii ) you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of , or any reasonable instructions that skype or skype 's partners may give to you with regard to the use of the numbers and the products ;

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: symbols.” Burkes, 953 F.Supp.2d at 179 (internal quotation marks omitted). But it is undisputed that racist symbol was not part of the action figure display that lies at the heart of Ms. Toomer’s racially hostile work environment claim. Ms. Toomer’s argument otherwise is that there is no “standard” that permits a court to determine “as a matter of law” when an African-American perceives a noose. PL’s Objs., ECF No. 99 at 14. Thus, she contends that whether or not the white cord in this case could fairly be described as a noose, she was confronted by “a horrific and frightening image,” and thus she was subjected to a hostile work environment. Id. But that line of reasoning ignores the objective component of the hostile work environment analysis. See Harris, 510 U.S. at 21, 114 S.Ct. 367 (<HOLDING>) (emphasis added). A reasonable observer of the Options: A. holding that a hostile work environment is a form of discrimination that is actionable under the statute B. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive C. recognizing hostile work environment discrimination in ada context D. recognizing that the elements of title vii sexually hostile work environment claims apply to icra sexually hostile work environment claims E. recognizing a hostile work environment claim under section 1983

assistant: The best answer is B. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive
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 Borrower will use the proceeds of the 2018 Term Loans made on the Repricing Effective Date to refinance the Existing Term Loans (as defined in the First Amendment), to pay related Transaction Expenses and for other general corporate purposes. The Borrower will use the proceeds of the Revolving Facility Loans, and may request the issuance of Letters of Credit, solely for general corporate purposes (including, without limitation, for the Transactions, Repricing Date Transactions, Permitted Business Acquisitions, Capital Expenditures and Transaction Expenses and, in the case of Letters of Credit, for the back-up or replacement of existing letters of credit). The Borrower will use the proceeds of the 2019 Term Loans made on the 2019 Effective Date to repay certain outstanding Revolving Facility Loans and for other general corporate purposes.

assistant: Use Of Proceeds
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 rules of construction set forth in Annex A shall apply to this Royalty Right Agreement and are hereby incorporated by reference into this Royalty Right Agreement as if set forth fully in this Royalty Right Agreement. Capitalized terms used but not otherwise defined in this Royalty Right Agreement shall have the respective meanings given to such terms in Annex A , which is hereby incorporated by reference into this Royalty Right Agreement as if set forth fully in this Royalty Right Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: father’s intent that the uncles’ and cousin’s stock return to the corporation; his father’s intent that control pass to the plaintiff and his brothers; and his family’s objections to his sale of the stock in 1972. Maggio, 824 F.2d at 128-29. 11 . See supra fn. 8. 12 . Sally Arthur stated that I advised plaintiff to wait until 1981, at which time the corporations would probably have the necessary funds to entertain [the bid/buy-back or corporate repurchase alternatives] in view of an anticipated significant increase in RWC ground lease payments. Moreover, I pointed out that increased RWC income would permit correspondingly increased dividends to shareholders. Sally Arthur Aff. ¶ 7. 13 .See Norris v. Wirtz, 818 F.2d 1329, 1334 (7th Cir.1987), petition for cert, filed, September 4, 1987 (<HOLDING>). 14 . Plaintiff claims the conversion occurred Options: A. holding that 18 year old girl inexperienced in business matters still held to reasonable person standard and would need to exercise due diligence B. holding that inquiry notice triggers an investors duty to exercise reasonable diligence and that the statute of limitations period begins to run once the investor in the exercise of reasonable diligence should have discovered the facts underlying the alleged fraud C. recognizing implied obligation to use reasonable diligence D. holding that defendant failed to exercise due diligence by neglecting to use a thirtysixhour window to secure an affidavit E. holding that equitable tolling is applicable only in extreme cases noting that courts have been generally unforgiving when a late filing is due to the failure to exercise due diligence in preserving legal rights

assistant: The best answer is A. holding that 18 year old girl inexperienced in business matters still held to reasonable person standard and would need to exercise due diligence
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: Employee understands and agrees that in the event Employee violates any provision of this Agreement, including the provisions set forth in Paragraphs 5, 6, or 7, then the Company shall have the right, among other things, (a) to apply for and receive an injunction to restrain any violation of this Agreement; and (b) to immediately terminate the Consulting Services. The remedies available to the Company pursuant to this Paragraph 8 are in addition to, and not in lieu of, any remedies which may be available under statutory and/or common law relating to trade secrets and the protection of the Company’s business interest generally.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: law in a number of jurisdictions that “the running of a statute of repose creates a vested right not to be sued.” Wenke v. Gehl, Co., 274 Wis.2d 220, 682 N.W.2d 405, 425 (2004). See also Mills v. Wong, 155 S.W.3d 916, 920 (Tenn.2005) (“The running of the statute of repose ... has a substantive effect.”); Nolan v. Paramount Homes, Inc., 135 N.C.App. 73, 518 S.E.2d 789, 792 (1999) (“If plaintiff fails to file within the prescribed period, the statute gives defendant a vested right not to be sued.”). In light of these authorities it was not an abuse of discretion for the district court to find that the substantive right for a statute of repose only begins when the limitation period has run. See Doe A. v. Diocese of Dallas, 234 Ill.2d 393, 334 Ill.Dec. 649, 917 N.E.2d 475, 485 (2009) (<HOLDING>). Because the limitation period had not run Options: A. holding that because a claim was never raised in the district court this court would not consider it for the first time on appeal B. holding that because the repose period in question was eliminated before it expired it never operated to insulate defendants from liability and never vested defendants with any substantive rights C. holding the assignment invalid because the assignee never used the mark and never acquired any of the assignors tangible assets or goodwill D. holding it is a question of fact E. recognizing that a broad definition of stolen is consistent with the guidelines purposes and finding that the enhancement was properly applied where a defendant found a gun that was lost or mislaid by its owner who never authorized anyone to take the gun never sold it and never gave it away as a gift

assistant: The best answer is B. holding that because the repose period in question was eliminated before it expired it never operated to insulate defendants from liability and never vested defendants with any substantive rights
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: or record”) (citations and punctuation omitted). Although its order contains no analysis of this issue, the trial court’s ruling that no judgment was entered until the DeKinders filed a civil case disposition form was apparently based on the sentence in OCGA § 9-11-58 (b) which provides that “no judgment shall be effective for any purpose until the entry of the same, as provided in this subsection.” We decline, however, to interpret this sentence as amending OCGA § 5-6-31 to require the filing of a civil case disposition form. Although this language existed in the prior version of OCGA § 9-11-58 (b), this Court has never interpreted it as imposing the procedural requirements of that statute on OCGA § 5-6-31. See Zeitman v. McBrayer, 201 Ga. App. 767 (2) (a) (412 SE2d 287) (1991) (<HOLDING>). See also Smith v. Smith, 165 Ga. App. 532, Options: A. holding that court had jurisdiction where no separate judgment had been entered even though notice of appeal was not timely filed as measured from the final decision B. recognizing that a final judgment may exist even where no judgment has been entered in accordance with ocga 91158 b C. recognizing that nonfinal orders may be revised at any time before a final judgment is entered D. recognizing that a final judgment may provide for a particular standard upon which to modify a final judgment E. holding that lack of a separate judgment does not preclude the taking of an appeal from a district courts final decision because the parties may waive the separate judgment requirement where one has accidentally not been entered

assistant: The best answer is B. recognizing that a final judgment may exist even where no judgment has been entered in accordance with ocga 91158 b
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: (a) The Audited Financial Statements delivered to the Administrative Agent (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present the financial condition of the Borrowers and their Restricted Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show all material indebtedness and other liabilities, direct or contingent, of the Borrowers and their Restricted Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness, to the extent required by GAAP.

assistant: Financial Statements