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: Except as specifically set forth in this Section 1(c), during the Employment Period, Enright shall devote his entire time, attention, energies and business efforts to the affairs of Altimmune. Except as set forth below, during the Employment Period, Enright shall not, without the prior written consent of the Board (x) engage, directly or indirectly, in any other business activity that materially interferes with his duties as set forth in this Agreement and/or that creates a conflict of interest, (y) act as a proprietor, partner, director, officer, executive, consultant, advisor, agent, representative or any other capacity of any entity other than Altimmune and its divisions, subsidiaries and other affiliated entities, regardless of whether such activity is for gain, profit or other pecuniary advantage, or (z) allow or cause Altimmune to participate in any transaction with Enright, any of his relatives (other than as employees of Altimmune), or any entity in which Enright or any of his relatives has an interest. Enright further agrees that he shall not knowingly take any action, or authorize the taking of any action, that contravenes any applicable federal, state, municipal or other political subdivision ordinance, statute or rule, regulation or order of any jurisdiction. Enright agrees to immediately disclose to the Board any relationship, action or activity that may potentially be subject to the provisions of this Section 1(c). Notwithstanding any restrictions contained in this Section 1(c), it is expressly understood and agreed that Enright serves and may continue to serve on the Johns Hopkins University Carey Business School Dean’s Alumni Advisory Board and the Johns Hopkins University Alumni Council, in each case, for so long as such service does not materially interfere with the performance of his duties and responsibilities hereunder or does not give rise to a conflict of interest.

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: or contrary to law. Tipu v. INS, 20 F.3d 580, 582 (3d Cir.1994). Ordinarily, we review only the decision of the BIA, not that of the IJ. Abdulai v. Ashcroft, 239 F.3d 542, 548-49 (3d Cir.2001). However, where, as here, the BIA expressly adopts or defers to a finding of the IJ, the Court also reviews those parts of the IJ’s opinion. Id. at 549, n. 2. III. Discussion Faustino contends that the BIA abused its discretion in affirming and adopting the IJ’s decision to deny his Motion for Continuance despite his pending labor certification application. We have said that: the question whether denial of a continuance in an immigration proceeding constitutes an abuse of discretion cannot be decided through the application of bright-line rules; it must be resolved on a case by case ba (<HOLDING>); Oluyemi v. INS, 902 F.2d 1032, 1033-34 (1st Options: A. holding the bia did not err in affirming the ijs denial of a continuance request where there was no prima facie approvable visa petition pending and alien had not applied for status adjustment B. holding appellate court lacked jurisdiction to review bia order affirming ijs denial of asylum because alien did not file petition for review within 30 days of bia order as required by 8 usc 1252b1 C. holding that continuance of deportation proceedings was not merited where alien had been convicted of a crime of moral turpitude such that his visa petition and adjustment of status application were not prima facie approvable D. holding the district court did not have jurisdiction to review denial of adjustment of status where removal proceedings are pending E. holding that a district court lacks subject matter jurisdiction under the apa to review the denial of an aliens application for adjustment of status where the alien is in removal proceedings

assistant: The best answer is A. holding the bia did not err in affirming the ijs denial of a continuance request where there was no prima facie approvable visa petition pending and alien had not applied for status adjustment
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 Amendment may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. The Parties agree that this Amendment shall be legally binding upon the electronic transmission, including by facsimile or email, by each Party of a signed signature page to this Amendment to the other Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by law, but subject to the provisions of Sections 13.13, Tenant waives any right to contribution against the Landlord Parties (as hereinafter defined) and agrees to indemnify and save harmless the Landlord Parties from and against all claims of whatever nature by a third party arising from or claimed to have arisen from (i) any act, omission or negligence of the Tenant Parties (as hereinafter defined); (ii) any accident, injury or damage whatsoever caused to any person, or to the property of any person, occurring in or about the Premises from the Commencement Date, and thereafter throughout and until the end of the Lease Term, and after the end of the Lease Term for so long after the end of the Lease Term as any of Tenant’s Property (as defined in Section 13.4) remains on the Premises, or Tenant or anyone acting by, through or under Tenant may use, be in occupancy of any part of, or have access to the Premises or any portion thereof; (iii) any accident, injury or damage whatsoever occurring outside the Premises but within the Building or the Garage, or on common areas or the Prudential Center, where such accident, injury or damage results, or is claimed to have resulted, from any act, omission or negligence on the part of any of the Tenant Parties; or (iv) any breach of this Lease by Tenant. Tenant shall pay such indemnified amounts as they are incurred by the Landlord Parties. This indemnification shall not be construed to deny or reduce any other rights or obligations of indemnity that any of the Landlord Parties may have under this Lease or the common law.

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: Cooperate with the Lenders and the Administrative Agent and execute such further instruments and documents as the Lenders or the Administrative Agent shall reasonably request to carry out to their satisfaction the transactions contemplated by this Agreement and the other Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The obligations of the Company or its successor to pay any Severance Payments required hereunder subsequent to the termination of this Agreement and the obligations of Executive under Section 5 hereof, and all subparts thereof, shall survive the termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No provision i n this Agreement requires you to ass i gn any of your rights to an invention for which no equipment, supp li es, fac ili ty, or trade secret information of the Corporation was used and which was developed entirely on your own time, unl ess (a) the invention relates (i) to the business of the Corporation or (ii) t o the Corporat i on's actual or demonstrably anticipated re sea rch or development, or (b) the invention results from any work performed by you for the Corporation. Illinois 765ILCS 1 060/ 1 -3 , " Employees Patent Act "; Kansas Statutes Sect i on 44-130; North Carolina General Statutes Art ic le 1 0A, Chapter 66 , Commerce and B u s ine ss, Section 66-57.1.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this testimony was the only way the government could establish the relationship between Lane and the co-defendant, and that was certainly relevant to the government’s case. Accordingly, the district court correctly found that a “genuine need” for the evidence outweighed any prejudicial effect. (App.61-62). We have held in numerous cases that evidence of prior criminal activity is admissible under Rule 404(b) to show the relationship between a witness and a defendant. See, e.g., United States v. Butch, 256 F.3d 171 (3d Cir.2001) (allowing witness in pharmaceutical theft case to testify as to defendant’s prior participation in identical theft); see also United States v. Simmons, 679 F.2d 1042, 1050 (3d Cir.1982), cert. denied, 462 U.S. 1134, 103 S.Ct. 3117, 77 L.Ed.2d 1370 (1983) (<HOLDING>). In addition, the district court gave an Options: A. holding the trial court erred in instructing the jury that it may find the defendant guilty if the jury found the defendant had conspired with the two coconspirators named in the indictment or both of them or others where evidence tended to show a conspiracy between the defendant and some person other than the named coconspirators B. holding the trial court erred when it instructed the jury that it may find the defendant guilty of conspiracy if the jury found the defendant agreed with at least one other person where the indictment charged the defendant with conspiring with a single named individual and the evidence tended to show the defendant may have conspired with a number of persons not just the named coconspirator to commit an unlawful act C. holding that evidence was sufficient for jury to find that the defendant participated in the conspiracy even though he did not have a relationship with all of his fellow coconspirators D. holding that evidence may be introduced to provide necessary background information to show an ongoing relationship between the defendant and a coconspirator and to help the jury understand the coconspirators role in the scheme E. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury

assistant: The best answer is D. holding that evidence may be introduced to provide necessary background information to show an ongoing relationship between the defendant and a coconspirator and to help the jury understand the coconspirators role in the scheme
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was incurred within the 910-day preceding the date of the filing of the petition, and the collateral for that debt consists of a motor vehicle (as defined in section 30102 of title 49 [49 U.S.C. § 30102]) acquired for the personal use of the debtor, or if collateral for that debt consists of any other thing of value, if the debt was incurred during the 1-year period preceding that filing. 7 . A claim which meets the requirements of the "hanging paragraph" is known as a “910-claim.” See Dean, 537 F.3d at 1318 n. 2. 8 . 11 U.S.C. § 1129(a) provides that "[t]he court shall confirm a plan only if all of the following requirements are met: .... ” 9 . See, e.g., Sparks v. HSBC Auto Fin., No. 1:06cv670, 2007 WL 2080289, **5-6, 2007 U.S. Dist. LEXIS 51943, at *14-*15 (S.D.Ohio July 18, 2007) (<HOLDING>); Horr v. Jake Sweeney Smartmart, Inc., No. Options: A. holding debtors are entitled to establish and recover their compensatory damages under 11 usc 105a for violations of the discharge injunction B. holding debtors negative equity in a tradein vehicle included in amount financed created a purchase money obligation within the meaning of 11 usc 1325a 2006 we summarily affirm the portion of the district courts order at issue in no 081850 C. holding that 1325a is mandatory and that the general powers of the court codified in 11 usc 105a do not permit a court to confirm a plan that does not satisfy 1325a D. holding a bankruptcy court is empowered to reopen a bankruptcy case on its own motion under 11 usc 105a E. holding that bankruptcy court has discretionary power pursuant to 11 usc 105a to order preconfirmation plan payments in a chapter 12 proceeding

assistant: The best answer is C. holding that 1325a is mandatory and that the general powers of the court codified in 11 usc 105a do not permit a court to confirm a plan that does not satisfy 1325a
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the Bureau’s own regulations indicate that it does not pay for “household work related to the individual,” which the federal regulation expressly contemplates as a component of companionship services. See Ohio Admin. Code § 4123-7-25(F) (denying compensation for household duties). We reject these arguments for two reasons. First, we find persuasive the rationale of the court in Lott, 746 F.Supp. at 1087-88, which drew on the exemption’s legislative history to hold that “domestic service employment” simply means being “employed in a private home.” Because Ms. Salyer renders her services to Mr. Salyer almost entirely within their home, she is undoubtedly engaged in domestic service employment to provide companionship services to her disabled husband. Cf. Linn, 891 F.Supp. at 578-79 (<HOLDING>). Moreover, as heretofore indicated, the Options: A. holding that a professor who suffered a fatal fall collecting soil samples in antarctica was not engaged in public work within the meaning of the dba B. holding that insider transaction did not fall within scope of 547c2 C. holding that a plaintiff analogous to ms salyer who did not work in private homes did not fall within the companionship services exemption D. holding that counseling sessions and written criticisms of employees work performance did not fall within the types of materially adverse employment actions E. holding that plaintiff who provided similar services which were arguably attendant care services under state law fell within the exemption

assistant: The best answer is C. holding that a plaintiff analogous to ms salyer who did not work in private homes did not fall within the companionship services exemption
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: please be advised that despite its great efforts , the company can not guarantee that its service will not be abused ; we urge you to be cautious whenever you are asked to provide personal or sensitive information with strangers .

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: on one.” Strickland, 466 U.S. at 697, 104 S.Ct. at 2069. Capshaw cannot establish that his attorney’s performance was deficient for failing to object to the admission of cell phone records. His trial counsel would not have prevailed on such an objection under the governing law, and thus counsel’s performance was not deficient for failing to object. It is undisputed that the government obtained a court order, under 18 U.S.C. § 2703, requiring Sprint Nextel to produce the cell phone records of Capshaw and three other people to show calls between them during the period of the murder-for-hire plot. Obtaining those telephone rec ords through a § 2703 court order did not violate the Fourth Amendment. See Smith v. Mainland, 442 U.S. 735, 743-44, 99 S.Ct. 2577, 2582, 61 L.Ed.2d 220 (1979) (<HOLDING>). Capshaw had no reasonable expectation of Options: A. holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home B. holding that search warrant was constitutionally defective because it did not require notice C. holding that an arrest warrant without a search warrant does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant D. holding that telephone company records of calls made from a defendants home did not require the government to seek a search warrant E. holding that consent searches do not require probable cause to justify the search of a home

assistant: The best answer is D. holding that telephone company records of calls made from a defendants home did not require the government to seek a search warrant
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 Plan and any agreements governing the grant of Awards hereunder to any Participant constitute the entire agreement with respect to the subject matter hereof with respect to such Participant, provided that in the event of any inconsistency between the Plan and any such agreement(s), the terms and conditions of the Plan shall control.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a matter of law. Even if not raised by the respondent, before addressing the merits of the appellant’s claim, we are required to determine our jurisdiction, sua sponte. Burch Food Services, Inc. v. Mo. Div. of Employment Sec., 945 S.W.2d 478, 481 (Mo.App.1997). In this regard, we find that the trial court’s denial of the appellant’s motion for summary judgment is not a final judgment subject to our review. Unless otherwise provided by rule or law, we are to review final judgments only. § 512.020; City of St. Louis v. Hughes, 950 S.W.2d 850, 852 (Mo. banc 1997). Inasmuch as the denial of a motion for summary judgment is not a final judgment, we have no jurisdiction to review it. See Lesinski v. Joseph P. Caulfield & Assoc., Inc., 12 S.W.3d 394, 396 (Mo.App.2000) (citation omitted) (<HOLDING>). As such, as to the trial court’s denial of Options: A. holding the denial of a motion for summary judgment on an issue which is later submitted to the jury is not reviewable B. holding that denial of motion for summary judgment is interlocutory even though trial judge had stated that there was no just reason for delay because denial of motion for summary judgment was not a final determination of defendants rights and the appeal did not affect defendants substantial rights C. holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable D. holding that pure issue of law is preserved by motion for summary judgment and is reviewable after final judgment E. holding that a motion to dismiss or for summary judgment precluded default judgment

assistant: The best answer is C. holding that the courts denial of either a motion to dismiss or a motion for summary judgment is not a final judgment and is not reviewable
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: You will assume the position of President, PSG Brands, commencing on June 1, 2015. In this role, you will report directly to Chief Executive Officer of the Company. This role is based in our Exeter, New Hampshire corporate office.

assistant: Employment
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: This is normal and, as far as we can tell, of unquestioned propriety as far as S.Ct. 1175, 1177, - L.Ed.2d -- (2010) (overruling Riley on Eighth Amendment grounds); Cottrell v. Caldwell, 85 F.3d 1480, 1490 (11th Cir.1996) ("Claims involving the mistreatment of arrestees or pretrial detainees in custody are governed by the Fourteenth Amendment's Due Process Clause instead of the Eighth Amendment's Cruel and Unusual Punishment Clause, which applies to such claims by convicted prisoners."); Wilkins v. May, 872 F.2d 190, 192-93 (7th Cir.1989) (noting that, upon conviction, the "the fact, manner, or duration of" a prisoner's "continued confinement is unconstitutional passes over from Fourth Amendment to ... the Eighth Amendment"); Williams v. Boles, 841 F.2d 181, 183 (7th Cir.1988) (<HOLDING>); Rizzo v. Dawson, 778 F.2d 527, 530 (9th Options: A. holding that against fourth amendment challenge a judgment convicting a criminal extinguishes for the duration of his sentence his interest in privacy and personal mobility the applicable provision is the cruel and unusual punishments clause of the elighth almendment B. holding that what constitutes cruel and unusual punishment is a question of law C. holding that the due process clause of the fourteenth amendment incorporates the eighth amendments guarantee against cruel and unusual punishment D. holding that it is cruel and unusual to execute the insane E. holding cruel and unusual punishment complaint not preserved

assistant: The best answer is A. holding that against fourth amendment challenge a judgment convicting a criminal extinguishes for the duration of his sentence his interest in privacy and personal mobility the applicable provision is the cruel and unusual punishments clause of the elighth almendment
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: monthly premium payment. The district court found—and the majority appears to agree—that Hardy’s interpretation of the letter to mean that the payments were fixed until he reached age 65 was simply his subjective understanding of the letter and unrelated to the objectively true interpretation of the letter, which was that as of the time of the letter only, payments were set at $41.67 per month. The letter, however, states that “[ujntilage 65, you and your spouse will be covered” by the insurance plan. It then goes on to say that the “monthly contribution is $41.67.” An answer that is technically true but that is misleading and intended to deceive the questioner (and that succeeds in doing so) is a false representation. See United States v. DeZarn, 157 F.3d 1042, 1048 (6th Cir.1998) (<HOLDING>); see also United States v. Lane, 735 F.2d 799 Options: A. holding that allegations of perjury require a demonstration that the witnesses actually committed perjury B. holding that defendant could be charged with perjury where his testimony was technically true but was intended to deceive C. holding that a declaration signed under penalty of perjury and verifying the allegations set forth in the complaint were true and correct was competent summary judgment evidence D. holding that fact that one witnesss testimony is at odds with testimony of another witness does not supply a sufficient basis for allegations of perjury E. holding that a defendants false grand jury testimony was insufficient to establish perjury where the defendant was called before the grand jury for the mere purpose of laying the foundation for a perjury prosecution such testimony was immaterial to the grand jurys purpose

assistant: The best answer is B. holding that defendant could be charged with perjury where his testimony was technically true but was intended to deceive
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you consent to receive communications from us electronically , such as e-mails , texts , mobile push notices , or notices and messages on this site or through the other amazon services , such as our message center , and you can retain copies of these communications for your records .

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: judge.” Germain v. State, 363 Md. 511, 522-23, 769 A.2d 931 (2001) (citing Black's Law Dictionary 1184 (6th ed.1990)). 2 . A ruling on a motion to enforce a plea agreement is a collateral order, and therefore, immediately appealable. See Rios v. State, 186 Md.App. 354, 364-66, 974 A.2d 366 (2009). 3 . Falero’s question is: Did the Circuit Court err when it ordered the binding plea agreement vacated? 4 . See Maryland State Commission on Criminal Sentencing Policy, Maryland Sentencing Guidelines Manual, ch. 12.1, at 42 (April 2005), http://www.msccsp.org/Files/Guidelines/manual_05.pdf. 5 . Indeed, some courts have held that appearance at sentencing is an implicit term whether or not it is communicated to the defendant. See United States v. David, 58 F.3d 113, 115 (4th Cir.1995) (<HOLDING>); see also Berg v. State, 131 Idaho 517, 960 Options: A. holding that where a furlough and an enhanced sentence for failure to appear in court at a later time are part of the plea agreement a court is justified in imposing the enhanced sentence after the defendant fails to appear in court without giving him an opportunity to withdrawhis plea B. holding that objecting to guidelines calculations as specifically reserved in the plea agreement is not a breach of the plea agreement even if the objection is overruled and thus government is not released from obligation under the agreement to move for acceptance of responsibility C. holding that no constitutional violation occurred where state prosecutor did not allow defendant to withdraw guilty plea and reinstated additional charges after defendant violated plea agreement by failing to testify truthfully at codefendants trial D. holding that by jumping bail and failing to appear the defendant violated the plea agreement and the governments obligation to move for a downward departure based on substantial assistance ended E. holding that the governments representations to the court that it was not seeking an upward departure suggested it had not breached the plea agreement

assistant: The best answer is D. holding that by jumping bail and failing to appear the defendant violated the plea agreement and the governments obligation to move for a downward departure based on substantial assistance ended
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the Company and the Participant and his or her respective heirs, executors, administrators, legal representatives, successors and assigns, subject to the restrictions on transfer set forth in Section 3 of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: stated reasons: (1) the Bexar County Parties were not parties in the trial court, (2) the Bexar County Parties have no standing to appeal, (3) the doctrine of virtual representation does not apply, and (4) the commitment order lacks finality. These arguments lack merit. Even if the doctrine of virtual representation does not apply, courts have held that nonparties have a right to appeal from a judgment if they clearly have an interest in that judgment and if they are bound by the judgment. See The Torrington Co. v. Stutzman, 46 S.W.3d 829, 843 (Tex.2000) (stating that a person whose interest is prejudiced by an error in a judgment has standing to appeal the judgment and citing Jemigcm case with approval); Jernigan v. Jernigan, 677 S.W.2d 137, 139-40 (Tex.App.-Dallas 1984, no writ) (<HOLDING>); Department of Children and Families v. Options: A. holding that the supreme courts proper scope of review of a trial courts decision in a trial de novo of an assessment matter is whether the decision of the trial court was clearly erroneous B. holding that where both the appellate and trial courts are reviewing the paper record there is no reason for the appellate courts to defer to the trial courts finding C. holding nonparties had right to appeal trial courts judgment that bound the nonparties and affected an interest of the nonparties that appeared in the trial courts record D. recognizing an appellate court may affirm a trial courts decision that reached the right result regardless of the trial courts reasoning E. holding that third party seeking to be reimbursed for costs incurred in responding to discovery request had standing to appeal because its interests were directly represented by its own counsel in the trial court it was effectively bound by the trial courts final order of dismissal the other party would have had the right to appeal the trial courts ruling if it had granted the request for reimbursement and the third party had no other legal remedy to contest the trial courts denial of its request

assistant: The best answer is C. holding nonparties had right to appeal trial courts judgment that bound the nonparties and affected an interest of the nonparties that appeared in the trial courts record
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in addressing jury questions. But we know that “analytically correct” answers to a jury may unnecessarily — and improperly — influence a jury. See Arizona v. Johnson, 351 F.3d 988, 994 (9th Cir.2003); see also id. at 994-98 (discussing cases). Furthermore, even if not improper, we recognize that some influence on the jury’s deliberations is difficult to avoid when the jury is troubled enough to seek advice. “The influence of the trial judge on the jury is necessarily and properly of great weight.... Particularly in a criminal trial, the judge’s last word is apt to be the decisive word.” Bollenbach v. United States, 326 U.S. 607, 612, 66 S.Ct. 402, 90 L.Ed. 350 (1946) (internal quotation marks and citations omitted); cf. United States v. Sacco, 869 F.2d 499, 501-02 (9th Cir.1989) (<HOLDING>); United States v. Frazin, 780 F.2d 1461, 1469 Options: A. holding that sufficiency of the evidence review should be independent of the jurys determination that evidence on another count was insufficient B. holding that suppression of evidence by the prosecution of evidence favorable to the defendant upon request violates the defendants right to due process where the evidence is material C. holding prosecutors argument that defense counsels goal was to keep evidence from the jury was improper D. holding that defendant failed to preserve for appeal argument that trial court inadequately recharged the jury after jury requested a written definition of a charge when after discussing the issue defendant explicitly agreed with trial courts response to the jurys request E. recognizing that a careful response to a jurys request for specific pieces of evidence can keep the jury from overvaluing any one piece of evidence

assistant: The best answer is E. recognizing that a careful response to a jurys request for specific pieces of evidence can keep the jury from overvaluing any one piece of 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 legal provision and list the applicable contract clause categories. Provision: The Plan shall be governed by and construed in accordance with the internal laws of the State of Delaware applicable to contracts made and performed wholly within the State of Delaware, without giving effect to the conflict of laws provisions thereof. EACH PARTICIPANT WHO ACCEPTS AN AWARD IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION, OR OTHER PROCEEDING INSTITUTED BY OR AGAINST SUCH PARTICIPANT IN RESPECT OF THE PARTICIPANT’S RIGHTS OR OBLIGATIONS HEREUNDER.

assistant: Governing 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: The corporate law of the State of Delaware shall govern all issues and questions concerning the relative rights of the Company and its stockholders. All other issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement and the exhibits and schedules hereto shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.

assistant: Governing 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: [¶ 25.] The parents contend that the rigid scheme of SDCL 3-21-2 should not preclude remedies for breach of implied and expressed contractual obligation because breach of contract is not a tort-based claim. Contract claims carry á six-year statute of limitations. SDCL 15-2-13. Therefore, they assert that the matter should be remanded to the trial court on the breach of contract claims. [¶26.] “We have long recognized that ‘[c]onduct that is merely a breach of contract is not a tort.’ ” Trouten v. Heritage Mutual Insurance Co., 2001 SD 106, ¶ 32, 632 N.W.2d 856, 864 (quoting Weeg v. Iowa Mutual Insurance Co., 82 S.D. 104, 109-10, 141 N.W.2d 913, 916 (1966)). Consequently, the notice provisions of SDCL 3-21-2 do not apply to breach of contract claims. Finch, 443 N.W.2d at 635 (<HOLDING>). Therefore, the trial court erred in granting Options: A. holding that prejudice is not an element to be considered in regard to the failure to give mandated statutory notice B. holding that substantial compliance is sufficient to satisfy the notice requirements of sdcl 3212 and 3 C. holding that it is not necessary to give notice pursuant to sdcl 3212 on contractbased claims D. holding that notice to supervisor is notice to city E. holding that it is not

assistant: The best answer is C. holding that it is not necessary to give notice pursuant to sdcl 3212 on contractbased claims
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 part of the insurer has a cause of action in tort rather than contract. Pierce, 671 A.2d at 1367 (citing Stafford v. Westchester Fire Ins. Co., 526 P.2d 37 (Alaska 1974), overruled on other grounds by Cooper v. Argonaut Ins. Cos., 556 P.2d 525 (Alaska 1976)). 31 . AS 23.30.012(b). 32 . Seybert's receipt of SSDI could, as counsel for Alaska National conceded at oral argument before us, support the notion that Seybert was permanently and totally disabled. 33 . The 2005 amendments to the Alaska Workers' Compensation Act require the board to review settlements when the claimant is not represented by an attorney licensed in Alaska. Ch. 10, § 10, FSSLA 2005. We express no opinion about what this review should entail. 34 . Dwight v. Humana Hosp. Alaska, 876 P.2d 1114, 1119 (Alaska 1994) (<HOLDING>). Here there was no medical dispute as defined Options: A. holding that a notice recommending termination of an employee to the board without notice to the employee of employees right to attend and dispute the claims violated due process B. recognizing absolute immunity for attorneys and board members of the texas medical board C. holding that the district court must give parties notice of intent to depart D. holding that more than notice to a defendant is required E. holding that board is required to give parties notice of right to request sime in event of medical dispute

assistant: The best answer is E. holding that board is required to give parties notice of right to request sime in event of medical dispute
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: 84 L.Ed.2d 751 (1985); Zobel v. Williams, 457 U.S. 55, 61-64, 102 S.Ct. 2309, 2313-15, 72 L.Ed.2d 672 (1982)); see also Attorney Gen. v. Soto-Lopez, 476 U.S. 898, 912, 106 S.Ct. 2317, 2325-26, 90 L.Ed.2d 899 (1986) (Burger, C.J., concurring in the judgment); id. at 916, 106 S.Ct. at 2328 (White, J., concurring in the judgment). See generally 3 Ronald D. Rotunda & John E. Nowak, Treatise on Constitutional Law— Substance and Procedure § 18.3, at 36-41 (2d ed. 1992). Further, at least two federal courts have expressly recognized that the Supreme Court has in fact created this fourth level of equal protection analysis. See Knutzen v. Eben Ezer Lutheran Housing Center, 815 F.2d 1343, 1354-55 (10th Cir. 1987) (applying “ ‘second order’ rational basis review”); Coburn, 627 F.Supp. at 990 (<HOLDING>); see also Moss v. Clark, 698 F.Supp. 640, 650 Options: A. recognizing heightened rational basis scrutiny B. recognizing change C. recognizing rule D. recognizing that basis for challenging administrative rule under ors 1834004b E. recognizing but not ruling on basis of federal rule prohibiting tolling during a successive class action

assistant: The best answer is A. recognizing heightened rational basis scrutiny
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: Steel Corp. v. Review Bd., 117 Ind.App. 379, 72 N.E.2d 662 (1947))); Shell Oil Co. v. Brooks, 88 Wash.2d 909, 913, 567 P.2d 1132, 1134 (1977) (“ ‘[Stoppage of work’ is most often defined in terms of a substantial curtailment of the employer’s overall operations at the particular situs in question.”). Finally, we note that Lewis, supra, at 343, summarized the case law with a similar interpretation to that which we adopt today: The general rules in stoppage of work jurisdictions, as they have been judicially construed, are: benefits will be denied for any week during which (1) a claimant-striker will not perform available work and there is a substantial curtailment of production or operations at the employer’s establishment which curta 164-65, 216 A.2d 597, 605 (App.Div. 1966) (<HOLDING>); In re Falco-Ward, 129 A.D.2d at 930, 514 Options: A. holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york B. holding that truck drivers who picked up items from a foundry and returned there at the end of the day were last employed there C. holding that there was insufficient probable cause for a dui arrest when inter alia although the defendants eyes were bloodshot and watery there was no evidence that her eyes were glassy or unfocused D. holding that there was insufficient probable cause for a dui arrest when inter alia there was testimony that the defendants eyes were bloodshot and watery E. holding inter alia that newspaper employees who operated in the field but took orders from the new york city office attended meetings there and were paid there were employed there

assistant: The best answer is E. holding inter alia that newspaper employees who operated in the field but took orders from the new york city office attended meetings there and were paid there were employed there
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 one or more of the provisions of this Agreement is invalidated for any reason by a court of competent jurisdiction, the invalidated provisions shall be deemed to be separable from the other provisions of this Agreement, and the remaining provisions of this Agreement will continue to be valid and fully enforceable.

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 case excerpt and choose the best holding from the options. Case excerpt: property is conveyed to another purchaser before the injunction issues. See Samara Dev. Corp. v. Marlow, 556 So.2d 1097, 1101 (Fla.1990) (“Specific performance alone is not sufficient because the developer could sell the property to a third party in the interim, thereby nullifying the availability of specific performance.”). In that situation, however, Florida law provides for more than specific performance, regardless of what the contract says about remedies. Under Florida law, notwithstanding any contractual limitation of remedies, when the seller frustrates the buyer’s specific performance right by selling the property to someone else, the buyer may recover the seller’s entire profit from the sale. See Seaside Cmty. Dev. Corp. v. Edwards, 573 So.2d 142, 146-47 (Fla. 1st DCA 1991) (<HOLDING>). Thus, Paradigm would not have been able to Options: A. holding in an action brought by buyers for specific performance of a contract for the sale of stock that the judicial admission exception was not satisfied by the sellers deposition testimony admitting that after meeting with the buyer he shook the buyers hand and stated weve got a deal because the statement even when taken in context with the preceding negotiations described by the seller in his deposition established neither a quantity nor price for the stocks B. holding that even though the contract limited the buyers remedies to specific performance or a refund of earnest money they were entitled to damages in the amount of the difference between the contract price and the fair market value of the property where the seller thwarted the buyers right to specific performance by selling the property to another at a higher price C. holding damage award resulting from a breach of an agreement to purchase securities is the difference between the contract price and the fair market value of the asset at the time of the breach D. holding merely that to the extent a breaching party claims that the appropriate measure of damages is the difference between the contract price and the market price it holds the burden of proving that there is in fact an available market for the goods in issue E. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach

assistant: The best answer is B. holding that even though the contract limited the buyers remedies to specific performance or a refund of earnest money they were entitled to damages in the amount of the difference between the contract price and the fair market value of the property where the seller thwarted the buyers right to specific performance by selling the property to another at a higher price
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: accounts that are `` suspended '' by blizzard entertainment for `` non payment , '' or for a violation of these terms of use , are not eligible for a refund .

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: Client shall pay or reimburse Wells Fargo for any applicable taxes levied, imposed or assessed upon Wells Fargo as a result of its provision of Cash to Client under this Agreement, excluding personal property taxes assessed against or payable by Wells Fargo (except for taxes relating to personal property owned by Client), taxes based upon Wells Fargo’s net income and Wells Fargo’s corporate franchise taxes. Alternatively to such payment or reimbursement, Client may satisfy its obligation in this paragraph by providing Wells Fargo with an exemption certificate that establishes that no tax is due. Wells Fargo shall furnish Client with invoices showing separately itemized amounts due under this paragraph with respect to applicable taxes (if any). If Client pays or reimburses Wells Fargo for any taxes pursuant to this paragraph, Wells Fargo hereby assigns and transfers to Client all of Wells Fargo’s rights, title and interest in and to any refund for taxes paid. Any claim for refund of taxes against the assessing authority may be made in the name of Client or Wells Fargo, or both at Client’s option. Client may initiate and manage litigation brought in the name of Client or Wells Fargo, or both, to obtain refunds of amounts of taxes paid under this paragraph. Wells Fargo shall cooperate fully with Client in pursuing any refund claims, including any related litigation or administration procedures. Wells Fargo and Client each acknowledge that it is not aware of any taxes owing contemplated by this Section VII.B with respect to the Cash as of the Effective Date.

assistant: Taxes