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: asked to determine whether, in Wyoming, a commercial easement in gross is freely assignable. Declining the request to answer so broad a question, we affirm the decision of the district court on other grounds. I. ISSUES Appellants state the issues on appeal: 1. Is a commercial easement in gross an assignable easement? 2. Is the grantee of an easement in gross judicially estopped to deny its as-signability when he signs a stipulation in a prior proceeding which conveys to the heirs, executors and assigns? Appellees restate the issue: A Whether the easement granted to Francis and Elvira Thar in 1976 is assignable. II. FACTS In 1976, Edwin N. Moran (Moran), granted an easement across his land to Francis and Elvira Thar (the Thars). The easement provided access to a landloc 946, 947 (1983) (<HOLDING>); Newhoff v. Mayo, 48 NJ.Eq. 619, 23 A, 265, Options: A. recognizing that an easement may entitle the easement owner to do acts which were not for the easement would constitute a nuisance B. holding that an appurtenant easement is an incident of the estate granted and passes with it C. holding that an easement by prescription may be obtained against the holder of a present interest but that that prescriptive easement is subject to divestment if and when the property passes to the holder of a future interest D. holding that an easement agreement and an unrecorded easement plan created an easement E. holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone

assistant: The best answer is C. holding that an easement by prescription may be obtained against the holder of a present interest but that that prescriptive easement is subject to divestment if and when the property passes to the holder of a future interest
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: other remedy adequately protects the petitioner’s interest. See In re von Bulow (von Bulow ex rel. Auersperg v. von Bulow), 828 F.2d 94, 98 (2d Cir.1987). Such a situation exists where the time required for the ordinary appeals process would deprive the petitioner of the right it claims (here, to re-auction the Licenses on the announced date, July 26, 2000). See In re King World Productions, 898 F.2d 56, 58-59 (6th Cir.1990) (listing among the factors to be considered when determining the propriety of mandamus whether “[t]he petitioner will be damaged or prejudiced in a way not correctable on appeal,” as well as whether “[t]he district court’s order is an oft-repeated error, or manifests a persistent disregard of the federal rules”); cf. In re Cooper, 971 F.2d 640, 641 (11th Cir.1992) (<HOLDING>). This Court will grant a mandamus petition Options: A. holding one example of a claim is a right to an equitable remedy that can be satisfied by an alternative right to payment B. holding that where plaintiffs had an alternative remedy the court would not substitute its judgment for that of congress by creating an implied right of action C. holding an alternative remedy to be inadequate where it would have caused great delay in the vindication of the petitioners rights D. holding that adequate alternative state remedy must provide the possibility of relief under the circumstances E. holding that extreme delay in the alternative forum can render that forum inadequate

assistant: The best answer is C. holding an alternative remedy to be inadequate where it would have caused great delay in the vindication of the petitioners 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: the State’s question referred to pre-arrest silence, post-arrest and pre-Mi-randa silence, or post-arrest and post-Miranda silence; (2) the defendant’s citation to any state constitutional provision specifying the grounds on which he was objecting; and (3) the trial court’s comments regarding the objection. Id. at 542-43. The Heidelberg court held that the defendant’s federal constitutional objection was not sufficiently specific to put the trial court on notice of his state constitutional objection because it was not apparent from the context of the situation that the defendant was objecting to improper questions concerning his post-arrest, pre-Mmmda right to silence protected by the state constitution. Id; see Cantu v. State, 994 S.W.2d 721, 732-33 (Tex.App.-Austin 1999, pet. dism’d) (<HOLDING>); see Barnum v. State, 7 S.W.3d 782, 794 Options: A. holding experts testimony was insufficient to survive summary judgment because the testimony at most showed the defendant deviated from the experts personal standard of care rather than the generally accepted standard of care B. holding that defendant did not preserve state constitutional challenge to experts testimony at punishment hearing because defendant relied exclusively on federal cases in arguing for exclusion of experts testimony C. holding that testimony of two experts was unreliable because they relied on the testimony of two other experts which was also unreliable D. holding that even if an experts testimony arguably embraced the ultimate issue such testimony is permissible as long as the experts testimony assists rather than supplants the jurys judgment E. holding experts testimony was insufficient to survive summary judgment because the testimony at most showed the defendant deviated from the experts personal standard of care rather than the generally recognized and accepted standard of care

assistant: The best answer is B. holding that defendant did not preserve state constitutional challenge to experts testimony at punishment hearing because defendant relied exclusively on federal cases in arguing for exclusion of experts testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall be paid an annual base salary of no less than $300,000 while he is employed by the Company during the Term; provided , however , that nothing shall prohibit the Company from reducing the base salary as part of an overall cost reduction program that affects all senior executives of the Parent Group and does not disproportionately affect the Executive, so long as such reductions do not reduce the base salary to a rate that is less than 90% of the minimum base salary amount set forth above (or, if the minimum base salary amount has been increased during the Term, 90% of such increased amount). The base salary shall be reviewed annually by the Board for increase (but not decrease, except as permitted above) as part of its annual compensation review, and any increased amount shall become the base salary under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any contrary provision of the Plan, if there is a Change in Control during a Performance Cycle, all Awards payable for any Performance Cycle not yet completed shall be prorated based on target performance for the performance goals for each of those Performance Cycles. For Participants employed on the date of the Change in Control, the prorated amount shall be equal to the sum of : (a) the amount that would have been awarded for any complete Performance Cycle while the Participant was employed, and (b) the product of the amount (if any) that would have been awarded absent proration as determined using target performance of the performance goals for the Performance Cycle the Change in Control occurred multiplied by a fraction, the numerator of which is the number of months in such Performance Cycle up to the month of the Change in Control (including the month of the Change in Control) and the denominator of which is 36. For Participants who had become Disabled or had a Separation from Service due to Retirement or an Involuntary Separation from Service without Cause before the Change in Control, payments for those Performance Cycles that had not completed as of the Change in Control shall be prorated as provided in Section 4.2(a) above but the proration shall be based on target performance.

assistant: Change In Control
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 the other jurisdiction.” Id. (quoting Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255 n. 22, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981)). Next, the court must analyze “how the parties’ -‘private interests’ will be affected'if the motion is granted or denied.” Id. at 91. The term “private interests” encompasses “four broad ‘practical’ concerns: adequate access to evidence and relevant sites, adequate access to witnesses, adequate enforcement of judgments, and the practicalities and expenses associated with the litigation.” Id. In conducting the private interest analysis; there is a strong presumption favoring the plaintiffs forum choice. Id. Third, a court should consider the “balance of public conveniences.” Id. at 91-92; see Cortez v. Palace Resorts, Inc., 123 So.3d 1085, 1093 (Fla.2013) (<HOLDING>). Under the third factor, courts may validly Options: A. holding that florida courts should always consider this third step of the forum non conveniens inquiry even if the private factors weigh more heavily in favor of the alternative forum and should require that the balance of public interests also be tipped in favor of the alternative forum in order to defeat the presumption favoring the plaintiffs forum choice B. holding that extreme delay in the alternative forum can render that forum inadequate C. holding that phone and facsimile communications to the forum purchase orders and payments sent to the forum a choice of law clause within the contract regarding the forum state and delivery of the product within the forum state were not enough to satisfy minimum contacts D. recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties E. holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum

assistant: The best answer is A. holding that florida courts should always consider this third step of the forum non conveniens inquiry even if the private factors weigh more heavily in favor of the alternative forum and should require that the balance of public interests also be tipped in favor of the alternative forum in order to defeat the presumption favoring the plaintiffs forum choice
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 badly injured Rivera to the station house. Once at the station house, Vidal stood by and watched as Rivera was assaulted further. From these facts, a reasonable juror could have concluded that Vidal willfully associated himself with the violation of Rivera’s civil rights and participated in this violation as something he wished to bring about, in violation of 18 U.S.C. §§ 242 and 2. Turning to Count Four, Vidal repeats that the evidence showed only that he failed to intervene while other officers beat Rivera. He suggests that mere inaction is insufficient to merit supervisory liability for a violation of § 242, and that it was not apparent that he was acting unlawfully by failing to intervene. See United States v. Lanier, 520 U.S. 259, 265, 117 S.Ct. 1219, 137 L.Ed.2d 432 (1997) (<HOLDING>). He further argues that his failure to Options: A. holding that there is no constitutional right to appeal a criminal conviction B. holding that criminal liability for deprivation of a constitutional right under 242 requires that the unlawfulness be apparent under preexisting law C. holding that liability under 1983 can be established by showing that the defendants either personally participated in a deprivation of the plaintiffs rights or caused such a deprivation to occur D. holding that liability under 1983 requires a causal link to and direct responsibility for the deprivation of rights E. holding that a claim for municipal liability under 1983 requires inter alia proof of an underlying constitutional violation

assistant: The best answer is B. holding that criminal liability for deprivation of a constitutional right under 242 requires that the unlawfulness be apparent under preexisting law
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: slip op. at 12. In our view, however, the use of “code words” can, under circumstances such as we encounter here, violate Title VII. Indeed, a reasonable jury could conclude that the intent to discriminate is implicit in these comments. Cf. Andrews, 895 F.2d at 1482 n. 3 (“The intent to discriminate on the basis of sex in cases involving sexual propositions, innuendo, pornographic materials, or sexual derogatory language is implicit, and thus should be recognized as a matter of course.”). There are no talismanic expressions which must be invoked as a condition-precedent to the application of laws designed to protect against discrimination. The words themselves are only relevant for what they reveal — the intent of the speaker. See Futrell v. J.I. Case, 38 F.3d 342, 347 (7th Cir.1994) (<HOLDING>). A reasonable jury could find that statements Options: A. holding that loose figurative or hyperbolic language may indicate that the statement could not reasonably be interpreted as a statement of fact B. holding that the commission reasonably interpreted the statute as requiring it to assess the condition of the industry as a whole C. holding that such statements were not even enough for an evidentiary hearing D. holding that ambiguity exists when a statute can be interpreted by reasonably wellinformed people in two or more ways E. holding that statements like sharp young people and that the employee was not a forward enough thinker could reasonably be interpreted as evidence of bias under the adea

assistant: The best answer is E. holding that statements like sharp young people and that the employee was not a forward enough thinker could reasonably be interpreted as evidence of bias under the adea
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 multiple counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. The exchange of copies of this Amendment and signature pages by facsimile transmission, by electronic mail in portable document format form or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Amendment as to the Parties and may be used in lieu of the original Amendment for all purposes.

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: The substantive Laws of the State of Washington shall apply to govern the construction of the Loan Documents and the rights and remedies of the parties except where the location of the Collateral for the Loan may require the application of the Laws of another state or where federal Laws, including the Farm Credit Act of 1971, as amended, may be applicable.

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: to certain aspects of Talmadge Village. In the first report, Hoff made no comment upon the role of Sullivan, the architect. In his second report, Hoff noted several deficiencies in the architectural design in terms of the subcode. The trial court granted Sullivan’s motion for summary judgment, concluding that plaintiffs claim against the firm was essentially one for architectural malpractice and thus could not proceed in the absence of an opinion by a licensed architect. Taylor v. DeLosso, 319 N.J.Super. 174, 179, 725 A.2d 51 (App.Div.1999) (“In a professional negligence case, the standard of care must normally be established by expert testimony”). Not all experts, however, must possess a professional license. Landrigan v. Celotex Corp., 127 N.J. 404, 421-22, 605 A.2d 1079 (1992) (<HOLDING>); State v. One Marlin Rifle, 319 N.J.Super. Options: A. holding that statements made by a child who was brought to an emergency room by her mother were admissible when the child knew a doctor would conduct a medical exam the physician explained he was a doctor and he asked questions about medical history and performed a physical examination of the child B. holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff C. holding that an epidemiologist who was not a medical doctor could testify that decedents colon cancer was causally related to his exposure to asbestos D. holding that conduct by the plaintiff contributing to his illness or medical condition and furnishing the occasion for medical treatment is not a defense to medical malpractice where a doctor negligently treated a man who had attempted to commit suicide E. holding the report of doctor who was not present to testify and whose deposition had not been taken was properly excluded in action by insured against insurer on accident policy

assistant: The best answer is C. holding that an epidemiologist who was not a medical doctor could testify that decedents colon cancer was causally related to his exposure to asbestos
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: challenge, we consider and weigh all the evidence, both supporting and contradicting the finding. Mar. Overseas Corp. v. Ellis, 971 S.W.2d 402, 406-07 (Tex.1998). We set aside the fact finding only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Pool v. Ford Motor Co., 715 S.W.2d 629, 635 (Tex.1986). Initially, we note that the jury was asked to determine Grace’s damages for the breach of contract the court had found. The question was worded as follows: What sum of money, if any, if paid now in cash, w pp.Houston [14th Dist.] 2008, no pet.) (measuring sufficiency of damages evidence against commonly understood meaning of undefined term used in charge); see also Equistar Chems., L.P. v. Dresser-Rand Co., 240 S.W.3d 864, 868 (Tex.2007) (<HOLDING>); Tribble & Stephens Co. v. Consolidated Options: A. holding on habeas review that counsels failure to object to improper argument at trial did not prejudice petitioner where other evidence supported a guilty verdict and the jury was told closing argument was not evidence B. holding argument not waived for failure to object where party previously raised argument and district court considered and rejected it C. holding complaint that sentence violated equal protection was waived because of failure to object at trial D. holding that a defendant waived a sentencing issue by failing to object in district court E. holding argument that charge submitted improper measure of damages was waived by failure to object in trial court

assistant: The best answer is E. holding argument that charge submitted improper measure of damages was waived by failure to object in trial court
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 trial court may properly exclude prospective jurors who indicate that they could not vote to impose the death penalty under any circumstances.. See State v. Trujillo, 99 N.M. 251, 252, 657 P.2d 107, 108 (1983). {8} Additionally, Clark objected to the trial court’s decision to strike Churchill from the jury, as he stated that he leaned towards voting for a life sentence, and Clark asserts that Churchill would have been willing to listen to and consider the ease. The State argues that Churchill said that he had “a great reluctance” to vote for capital punishment, that he leaned strongly towards a life sentence, and that he requested that he not be picked for the jury. The trial court characterized this decision as its most difficult, and, based upon Churchill’s demea 28 (1989) (<HOLDING>). {10} The trial court may properly exclude a Options: A. holding that the trial court did not err in denying a plea in abatement on grounds that individuals owning the balance of the working interest were not necessary parties B. holding that the trial court did not err under either the federal or north carolina constitutions by allowing the state to exercise peremptory challenges to remove potential jurors based on their qualms regarding capital punishment C. holding that the trial court did not err in finding that jurors were qualified to serve despite the defendants challenges on revers ewitherspoon grounds D. holding that the trial court did not err by granting defendants motion for summary judgment E. holding that trial court did not err

assistant: The best answer is C. holding that the trial court did not err in finding that jurors were qualified to serve despite the defendants challenges on revers ewitherspoon grounds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: are unenforceable, they are also severable from the agreement. Given that these provisions were not enforced in Morrison's arbitration, the arbitration proceeded as though the provisions were in fact unenforceable and severed. For this reason, we affirm the district court’s order on these grounds. 3 . This opinion uses the term "cost-splitting," rather than "cost-sharing” or "fee-splitting,” to describe the arrangement by which the parties to an arbitration bear the costs of an arbitration equally. Some arbitration agreements also provide for "cost-shifting,” an ar rangement by which the arbitrator may determine that one of the parties should bear all or most of the costs of the arbitration. 4 .See Shankle v. B-G Maint. Mgmt. of Col., Inc., 163 F.3d 1230, 1235 (10th Cir.1999) (<HOLDING>). Shankle could also be interpreted as Options: A. holding that arbitration agreement requiring litigant to pay onehalf of arbitration costs failed to provide an accessible forum in which litigant could resolve his statutory rights B. holding that plaintiff cannot be forced to submit to an arbitration process that imposes costs that render the arbitral forum less accessible than a judicial forum that the arbitrator is obligated to allocate costs and fees in accordance with the law and that therefore plaintiff bears no risk by proceeding to arbitration C. holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement as providing that the employer must bear the arbitration forum costs D. holding that plaintiff failed to meet his burden of proof because he offered absolutely no evidence to support his claim that the costs of arbitration will deny him an effective forum to vindicate his statutory rights E. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added

assistant: The best answer is A. holding that arbitration agreement requiring litigant to pay onehalf of arbitration costs failed to provide an accessible forum in which litigant could resolve his statutory 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 legal provision and list the applicable contract clause categories. Provision: The Loan Parties and their Subsidiaries have conducted their business in compliance with the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010 and other similar anti-corruption legislation in other jurisdictions, and have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: victims were illiterate. Jessup also admitted she could not state with certainty that all of Medrano’s victims lacked knowledge of banking practices. Nonetheless, the district court determined that the vulnerable victim enhancement was warranted because “virtually all” of Medrano’s victims were Spanish-speaking, illiterate and unsophisticated in banking practices. Application of the vulnerable victim enhancement does not require that the district court find all of the victims were particularly susceptible to Medrano’s scheme. Rather, “the judge must determine whether one or more of the victims” belong to a class that is particularly susceptible to the criminal activity in question. United States v. Luca, 183 F.3d 1018, 1025 (9th Cir.1999); See U.S. v. Scrivener, 189 F.3d at 952 (<HOLDING>). Although the precise number of Medrano’s Options: A. holding that application of 2a31 is appropriate even when the victim is fictional as an enhancement for a fictitious victim is consistent with the utilitarian purpose of the enhancement B. holding bank customers affected by embezzlement could be victims for purposes of vulnerable victim enhancement C. holding vulnerable victim factor sufficiently supported by evidence that victim was 82 and physically unable to resist attackers D. holding the harmed victim need not be the victim of the offense of conviction E. holding a single vulnerable victim is sufficient to support application of the vulnerable victim enhancement

assistant: The best answer is E. holding a single vulnerable victim is sufficient to support application of the vulnerable victim enhancement
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: After giving effect to the Waiver, each representation and warranty of each Loan Party contained in the Loan Documents shall be true and correct in all material respects as of the date hereof (except (a) to the extent that any such representation and warranty is expressly limited to an earlier date, in which case, on the date hereof, such representation and warranty shall continue to be true and correct in all material respects as of such specified earlier date and (b) to the extent that any such representations and warranties are qualified by materiality, such representations and warranties shall continue to be true and correct in all respects).

assistant: Warranties
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 extent permitted by Section 409A of the Code, The Company and Participating Employers may, from time to time, make contributions to their respective Trusts in accordance with the applicable Trust Agreement and the Plan. Deferred Compensation payable under the Plan and expenses chargeable to the Participants in accordance with the Plan are intended first to be paid from the applicable Trusts. To the extent the funds in such Trusts are not sufficient (or are not paid by the Trustee), all Deferred Compensation shall be paid by the Company or the applicable Participating Employer.

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: At any time or from time to time after the date of this Agreement, the Parties hereto will take all appropriate action and execute and deliver, without limitation, any documents or instruments of transfer, conveyance, assignment and confirmation or provide any information which may be reasonably necessary to carry out any of the provisions of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Educ., 839 F.Supp.2d 881, 884 (E.D.Ky.2012) (citing Doe v. Claiborne Cnty., Tenn., 103 F.3d 495, 509 (6th Cir.1996); C.A. ex. Rel. G.A. v. Morgan Cnty. Bd. of Educ., 577 F.Supp.2d 886, 890 (E.D.Ky.2008)). Here, Shepherd sued the government entities, Floyd County and Floyd County Fiscal Court, as well as the county’s employees. R. 1-1. Thus, the § 1983 claim against the individual defendants — -jailers and deputy jailers — in their official capacities can be dismissed as a “housekeeping” matter. C.K., 839 F.Supp.2d at 884. II. Governmental Immunity Bars State Law Claims Against Floyd County and Floyd County Fiscal Court. Governmental immunity protects Floyd County and the Floyd County Fiscal Court from Shepherd’s claims. See Smith v. Cnty. of Lenawee, 600 F.3d 686, 690 (6th Cir.2010) (<HOLDING>). A Kentucky county and its county government Options: A. holding that the fourteenth amendment only applies to state action B. holding that state governmentalimmunity law applies C. holding that the law of the state of incorporation applies D. holding that fourteenth amendment only applies to state action E. holding that federal maritime law and not state law applies to all actions for wrongful death in navigable state waters

assistant: The best answer is B. holding that state governmentalimmunity law applies
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: These LTIP Terms and Conditions, the LTIP Award Agreement and the Plan constitute the entire agreement of the parties with respect to the subject matter hereof and supersede in their entirety all prior undertakings and agreements of the Company and the Participant with respect to the subject matter hereof.

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 legal provision and list the applicable contract clause categories. Provision: The Arrangers shall have received the fees required to be paid on the Amendment Date, including those separately agreed among the Borrower and the Arrangers, and all expenses (including the reasonable fees, disbursements and other charges of Simpson Thacher & Bartlett LLP, counsel for the Arrangers) for which invoices have been presented on or prior to the Amendment Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: common-sense standard, requiring that the facts available to the officer would warrant a [person] of reasonable caution in the belief that certain items may be contraband or useful as evidence of a crime." Id. Logically then, probable cause sufficient to justify a warrantless search of a vehicle exists if an officer reasonably believes the vehicle contains contraband or evidence of a crime. Under this standard, based on the centerline swerving, the smell of alcohol, and the missing bottle, Officer Burpo's belief that Gomez's car contained evidence of a crime (ie., an open alcohol container) was reasonable. Officer Burpo therefore possessed sufficient probable cause to search Gomez's car for an open container of alcohol. Cf. Lozoya v. State, 1996 OK CR 55, 11 34-36, 982 P.2d 22, 38 (<HOLDING>); Cole v. State, 1986 OK CR 150, ¶¶9-10, 728 Options: A. holding in the context of vehicular searches that the fact that cm agent familiar with the odor of marijuana smelled such an odor emanating from an automobile alone was sufficient to constitute probable cause for a subsequent search for marijuana B. holding that the odor of marijuana gave officers probable cause to believe members of a group possessed marijuana and therefore a search of each person present was proper C. holding that officer who smelled odor of marijuana while approaching van validly stopped for failure to dim headlights had probable cause to search for contraband D. holding that an officer had probable cause to search bags in the trunk of the car when he opened the trunk and smelled a strong odor of methamphetamine E. holding that officer who smelled burning marijuana while approaching defendants vehicle stopped for tail light violation had probable cause to search for contraband

assistant: The best answer is C. holding that officer who smelled odor of marijuana while approaching van validly stopped for failure to dim headlights had probable cause to search for contraband
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: from China, 68 Fed.Reg. 27787 (May 21, 2003). In U.S. Ass’n of Importers of Textiles & Apparel v. United States, 350 F.Supp.2d 1342, 28 CIT - (CIT 2004), appeal docketed, No. 05-1209 (Fed.Cir. Feb. 2, 2005), familiarity with which is presumed, the Court granted a preliminary injunction in this case and reserved judgment on defendant’s Motion to Dismiss until full briefing on the issues raised therein was completed. On January 19, 2005, plaintiff timely filed its Response to Defendant’s Motion to Dismiss and, on February 7, 2005, defendant timely filed its Reply to Plaintiffs Response to Defendant’s Motion to Dismiss. The motion is now appropriately before the Court. For the reasons stated below, defendant’s Motion to Dismiss is denied i T 1181, 1185, 903 F.Supp. 72, 76-77 (1995) (<HOLDING>); Mast Indus., Inc. v. Regan, 8 CIT 214, Options: A. holding that this court has jurisdiction pursuant to 1581i to consider claims involving citas administration of quotas B. holding that this court has jurisdiction to hear interlocutory appeals in cases involving a sentence of life imprisonment or death C. holding that this court can consider claims not specifically excluded by a coa D. holding that juvenile court has no jurisdiction to consider constitutional claims E. holding that district court had jurisdiction to consider claims under the all writs act

assistant: The best answer is A. holding that this court has jurisdiction pursuant to 1581i to consider claims involving citas administration of quotas
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 I can let you continue on with this case, so I’m going to dismiss you from the case with my thanks for your service up to this point. And I’m going to release you at this time. Defendant then filed a motion for mistrial pursuant to N.C.G.S. § 15A-1061 on the basis that the jury had heard extraneous informa tion in violation of defendant’s constitutional right to confront the witnesses against him. After the trial court denied defendant’s motion for mistrial, it inquired of the prosecutors and defense counsel as to their wishes regarding the jury in the capital sentencing proceeding. The prosecutor expressed a willingness to replace juror eleven with an alternate juror for the capital sentencing proceeding. However, defense counsel argued that the trial court had err 9, 192 (1971) (<HOLDING>). In State v. Bunning, 346 N.C. 253, 256, 485 Options: A. holding a directed verdict motion stating specific grounds is a prerequisite for a subsequent motion for judgment notwithstanding the verdict B. holding that notwithstanding defendants consent the verdict was a nullity where the trial court proceeded to verdict with a jury of eleven C. holding defendants failure to file motion for judgment notwithstanding verdict did not prevent district court from granting motion for directed verdict for which court reserved decision D. holding that district court could not decide after jury returned verdict to treat jury verdict as advisory on issue not triable of right by jury but which was tried by consent of parties to nonadvisory jury E. holding that after court dismissed case at plaintiffs request notwithstanding the fact that jury had deliberated upon the case and indicated that it had reached a verdict there was no case pending in court on which a verdict could be predicated and the information which the judge got from an inspection of the petition handed to him by the foreman of the jury was information which he received as an individual and not as a judge of the court and further holding that despite violation of defendants right to receive the verdict that was purportedly reached the writing incorporated in the bill of exceptions as a verdict of the jury was in law no verdict because it was not received in court and published as required by law and was instead entirely extraneous and extrajudicial

assistant: The best answer is B. holding that notwithstanding defendants consent the verdict was a nullity where the trial court proceeded to verdict with a jury of eleven
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 is the entire agreement between the Company and the CEO regarding the subject matter of the Plan and supersedes all prior bonus compensation or bonus incentive plans or any written or verbal representations regarding the subject matter of the Plan.

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: 355, 367, 97 S.Ct. 2447, 53 L.Ed.2d 402 (1977). New York has legislatively identified four situations in which a limitations period may be tolled, Leon v. Murphy, 988 F.2d 303, 310 (2d Cir.1993) (citing N.Y. C.P.L.R. §§ 204(a), 204(b), 207, 208), none of which apply to the instant case. Limitations periods are also subject to equitable tolling and equitable estoppel, both of which if satisfied can save a plaintiffs otherwise time-barred § 1983 claim, unless applying either doctrine would be inconsistent with the text or policies underlying 42 U.S.C. § 1983. See Young v. United States, 535 U.S. 43, 122 S.Ct. 1036, 1040, 152 L.Ed.2d 79 (2002) (equitable tolling); Leon, 988 F.2d at 310 (equitable estoppel); see also Dillman v. Combustion Engineering, Inc., 784 F.2d 57, 61 (2d Cir.1986) (<HOLDING>). These doctrines, when applicable, usually Options: A. recognizing distinction between smith and mcdonnell B. recognizing difference between tolling and equitable estoppel C. recognizing this distinction D. recognizing distinction between tolling and estoppel E. recognizing distinction between two types of waiver

assistant: The best answer is D. recognizing distinction between tolling and estoppel
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: not imply a concession that there was probable cause, or even reasonable suspicion, to search Defendant's home. 7 . In Dunaway, the defendant was not formally arrested, although the Court went on to hold that the formality of the seizure was not relevant. Dunaway, 442 U.S. at 216, 99 S.Ct. 2248. The Court in later cases referred to Dunaway as having been arrested. Taylor, 457 U.S. at 693, 102 S.Ct. 2664; Harris, 495 U.S. at 18-19, 110 S.Ct. 1640. 8 . The officers administered Miranda warnings before questioning Harris in his home. However, as Brown clarified, Miranda warnings do not suffice to purge the taint of police conduct that violates the Fourth Amendment. Brown, 422 U.S. at 605, 95 S.Ct. 2254. 9 . But see Oregon v. Elstad, 470 U.S. 298, 318, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985) (<HOLDING>). O’SCANNLAIN, Circuit Judge, concurring: I Options: A. holding that a prior inconsistent statement was admissible and the defendant failed to ask for a limiting instruction that the jury could not use the statement as substantive evidence B. holding that trial counsel was not ineffective when he failed to introduce defendants prior consistent statement statement was not admissible because it was made after defendant had been arrested clearly not a time when the effect of the statement could not have been foreseen C. holding that a later statement was admissible despite illegal detention at home D. holding that a confession obtained by exploitation of an illegal arrest is not admissible E. holding that the district courts improper admission of an unauthenticated registration statement was harmless because the proponent of the registration statement later properly authenticated the statement in a motion to reconsider

assistant: The best answer is C. holding that a later statement was admissible despite illegal detention at home
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: to serve as an impartial juror. And Herndon suggests it is error to fail to obtain a juror’s personal assurance of impartiality when the juror is exposed to an unauthorized outside communication. 156 F.3d at 637 (observing that the trial “judge not only failed to adequately investigate the allegation of juror partiality, but the juror never personally assured the court of his impartiality”). The majority concludes the transcripts of the court’s in camera interviews with the jurors “gave Taylor the required opportunity to establish juror bias.” Maj. Op. 350. Had the court questioned Juror One regarding her ability to remain impartial, I might agree. In any event, our precedents require a meaningful opportunity to prove actual bias in an evidentiary hearing. See Corrado, 227 F.3d at 536 (<HOLDING>); Herndon, 156 F.3d at 637 (holding that “the Options: A. holding trial court abused its discretion by refusing to conduct hearing and render decision on motion B. holding that the emergence of a credible claim of extraneous influence on a jury imposed a duty on the district court to conduct a remmer hearing despite the fact that the defendants had not expressly requested such a hearing below C. holding that district court abused its discretion by failing to conduct an adequate evidentiary hearing into the allegations of extraneous influences on the jury pursuant to the holding in remmer and remanding for a hearing at which the defendant should be accorded the opportunity to question the jurors individually and under qath D. holding that the district court abused its discretion in refusing to hold an evidentiary hearing because the petitioners allegations were not implausible and a final determination of the merits of petitioners claim would be best served by greater development of the facts many of which the government disputes E. holding that the district court did not give the plaintiffs an adequate opportunity to be heard where it failed to conduct an in limine hearing and denied oral argument on the evidentiary issues

assistant: The best answer is C. holding that district court abused its discretion by failing to conduct an adequate evidentiary hearing into the allegations of extraneous influences on the jury pursuant to the holding in remmer and remanding for a hearing at which the defendant should be accorded the opportunity to question the jurors individually and under qath
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: There are no actions, suits, claims, investigations, arbitrations or other legal or administrative proceedings pending, or to the knowledge of the Company threatened, against the Company at law or in equity, and to Company’s knowledge, there is no basis for any of the foregoing. There are no unsatisfied judgments, penalties or awards against or affecting Company or its businesses, properties or assets. The Company is not in default, and no event has occurred which with the passage of time or giving of notice or both would constitute a default by the Company with respect to any order, writ, injunction or decree known to or served upon the Company of any court or of any foreign, federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign. There are no actions or suits by the Company pending or threatened against others.

assistant: Litigations