flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby indemnifies and holds ATI harmless from and against any and all losses, claims, damages, and law suits (including costs of investigation and reasonable legal fees, and expenses at trial or on appeal) which arise out of or result from ATI's association with the Company through this Agreement as long as the event, act, omission is not directly attributable to a misdeed or misrepresentation of ATI.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Officer Ha contends that she bears no liability for her role in Ms. Chen’s detention because, as a police officer merely complying with a request by another office for assistance with an investigation, she is entitled to qualified immunity. See MSJ at 20. The court of appeals has summarized the doctrine of qualified immunity as follows: The Supreme Court has held that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); see also Wilson v. Layne, 526 U.S. 603, 614, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (<HOLDING>). Pitt v. District of Columbia, 491 F.3d 494, Options: A. holding that qualified immunity applies if either a the defendants action did not violate clearly established law or b it was objectively reasonable for the defendant to believe that his action did not violate such law internal quotation marks omitted B. holding that questions of reasonableness depend upon the facts and circumstances the total atmosphere of the case citation omitted which must be viewed in the light of established fourth amendment principles C. holding that qualified immunity turns upon the objective legal reasonableness of the officers action assessed in light of the legal rules that were clearly established at the time the action was taken internal quotation marks and citation omitted D. holding that beneficiary of general support trust has a legal right to compel distribution of funds internal quotation marks omitted E. holding that qualified immunity analysis begins with the court asking whether the plaintiffs allegations if true establish a constitutional violation internal quotation marks omitted

assistant: The best answer is C. holding that qualified immunity turns upon the objective legal reasonableness of the officers action assessed in light of the legal rules that were clearly established at the time the action was taken internal quotation marks and citation omitted
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 may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. This Agreement shall become binding when one or more counterparts of this Agreement, individually or taken together, shall bear the signatures of all of the parties reflected hereon as the signatories. Any facsimile or Adobe portable document format copies hereof or signature hereon shall, for all purposes, be deemed originals.

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: Except as otherwise provided herein, this Agreement and the other Loan Documents supersede in their entirety any other agreement or understanding between Lender, and Borrower with respect to loans and advances made by Lender and all commitments of Lender in connection therewith.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: valid unless it was un conscionable, which the court concluded it was not. Farrar offers several challenges to the district court’s analysis, which we consider seriatim. Farrar first maintains that the district court erred in not recognizing that Miller’s warranty failed of its essential purpose, and therefore that Farrar was entitled to all of the remedies listed in § 25-2-714, including consequential damages. A limited, exclusive remedy fails of its essential purpose when “unanticipated circumstances preclude the seller from providing the buyer with the remedy to which the parties agreed.” Computer Network, Inc. v. AM Gen. Corp., 265 Mich.App. 309, 696 N.W.2d 49, 55 (2005) (internal quotation marks omitted); see Stutts v. Green Ford, Inc., 47 N.C.App. 503, 267 S.E.2d 919, 926 (1980) (<HOLDING>). We see no basis for concluding that Farrar Options: A. holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured B. holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect C. holding that the district court which erred in its conclusion that there was jurisdictional defect abused its discretion in denying a plaintiffsmotion for leave to amend his complaint because the proposed amendment would not cure the jurisdictional defect D. holding that a warranty fails of its essential purpose when there is a defect which is not or cannot be repaired within a reasonable period as required by the warranty E. holding that a violation of the forum defendant rule is a jurisdictional defect

assistant: The best answer is D. holding that a warranty fails of its essential purpose when there is a defect which is not or cannot be repaired within a reasonable period as required by the warranty
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 amend FCA complaints to cure a lack of particularity. See, e.g., United States ex rel. McCoy v. Calif. Med. Rev., Inc., 723 F.Supp. 1363, 1366 (N.D.Cal.1989). In this case, however, Karvelas never filed a motion to amend pursuant to Fed.R.Civ.P. 15(a), which provides for amendments as of right in the absence of a responsive pleading. Therefore, the only issue before us is whether the district court erred in failing sua sponte to provide Karvelas an opportunity to amend before dismissing his complaint with prejudice. Absent exceptional circumstances, a district court has no obligation to invite a plaintiff to amend his or her complaint when the plaintiff has not sought such amendment. See Emerito Estrada Rivera-Isuzu de P.R. Inc. v. Consumers Union, 233 F.3d 24, 30 (1st Cir.2000) (<HOLDING>)(emphasis in the original); see also Wagner v. Options: A. holding that because a claim was never raised in the district court this court would not consider it for the first time on appeal B. holding that district court did not commit error by failing to invite emerito to replead where despite its awareness that the defendant had called for dismissal for failure to state a claim based on deficient pleadings emerito never amended its complaint as of right nor did it formally ask the district court after judgment to permit such an amendment C. holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint D. holding that the district court abused its discretion by failing to award attorneys fees based on the objective unreasonableness of plaintiffs complaint E. holding that the district court did not abuse its discretion in dismissing a complaint with prejudice based on the plaintiffs failure to amend the complaint by the deadline imposed by the court

assistant: The best answer is B. holding that district court did not commit error by failing to invite emerito to replead where despite its awareness that the defendant had called for dismissal for failure to state a claim based on deficient pleadings emerito never amended its complaint as of right nor did it formally ask the district court after judgment to permit such an amendment
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: Guarantor hereby waives and relinquishes, to the fullest extent permitted by law: (a) all rights or claims of right to cause a marshalling of assets or to cause Lender to proceed against any of the collateral for the Loan or the Master Lease before proceeding under this Guaranty against Guarantor or any other guarantor or indemnitor under the Loan or the Master Lease; (b) all rights and remedies accorded by applicable law to sureties or guarantors, except any rights of subrogation and contribution (the exercise of which are subject to the terms of this Guaranty); (c) the right to assert a counterclaim, other than a mandatory or compulsory counterclaim, in any action or proceeding brought by or against Guarantor; (d) notice of acceptance of this Guaranty and of any action taken or omitted in reliance hereon; (e) presentment for payment, demand, protest, notice of nonpayment or failure to perform or observe, or any other proof, notice or demand to which they might otherwise be entitled with respect to the Guaranteed Obligation; (f) all homestead or exemption rights against the Guaranteed Obligation and the benefits of any statutes of limitation or repose; and (g) any defense based upon an election of remedies by Lender, including any election to proceed by judicial or non-judicial foreclosure of any such collateral, whether real property or personal property security, or by deed in lieu thereof, and whether or not every aspect of any foreclosure sale is commercially reasonable or any election of remedies, including remedies relating to real property or personal property security, which destroys or otherwise impairs the subrogation rights of Guarantor or the rights of Guarantor to proceed against Borrower or any other guarantor for reimbursement, or both.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, Assignor hereby transfers, conveys, and assigns to Assignee, its successors and assigns, all of Assignor’s right, title, interest, and obligations in and to the Purchase Agreement. As of the Effective Date, with respect to the Purchase Agreement, Assignee does hereby accept such assignment and hereby agrees to be bound by all express and implied covenants, rights, benefits, conditions, obligations, and liabilities under the Purchase Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: abstract idea. For example, courts have considered whether the claims purport to “improve the functioning of the computer itself,” Alice, 134 S.Ct. at 2359, which may suggest that the claims are not abstract, or instead whether “computers are invoked merely as a tool” to carry out an abstract process. Enfish, 822 F.3d at 1335; see also id. .(noting that “some improvements in computer-related technology when appropriately claimed are undoubtedly not abstract, such as a chip architecture, an LED display, and the like. Nor do we think that claims directed to software, as opposed to hardware, are inherently abstract!)]”). The Federal Circuit has followed this approach to find claims patent-eligible in several cases. See id. at 1335-36 (cla , Inc., 827 F.3d 1042, 1045, 1050 (Fed. Cir. 2016) (<HOLDING>); see also Diamond v. Diehr, 450 U.S. 175, 177, Options: A. holding that claims for a method to calculate the optimal cure time for rubber were not abstract B. holding that claims directed to a new and useful laboratory technique for preserving hepatocytes a type of liver cell were not abstract C. holding that claims directed to a new and useful technique for using sensors to more efficiently track an object on a moving platform were not abstract D. holding the defendant lacked any expectation of privacy in his cell so the jailer had the right to inspect anything in his cell E. holding seizure of arrestees cell phone lawful but finding the fourth amendment requires a warrant to perform a forensic search of the lawfully seized cell phone

assistant: The best answer is B. holding that claims directed to a new and useful laboratory technique for preserving hepatocytes a type of liver cell were not abstract
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: Title to all Crude Oil delivered under this Agreement, including all constituents thereof, shall remain with and in Shipper or its customers at all times; provided , however , that title to Crude Oil used as PLA shall pass from Shipper or the relevant third party to Gatherer immediately downstream of the Receipt Point.

assistant: Titles
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: statute unconstitutional. In re J.A.M., 631 S.W.2d at 732. Chapter 13 was amended in 1981 to provide that a suit to establish paternity must be the limitations period to two years after a child becomes an adult. Act of May 24, 1983, 68th Leg., R.S., ch. 744, § 1, 1983 Tex. Gen. Laws 4530, 4531. The 1983 version of section 13.01 is the version Layton contends applies to bar Michael’s claims. In Perry v. Merritte, an action to establish paternity brought in 1979, this court held that neither the 1979 nor the 1981 version of section 13.01 applied to a child born before those statutes were enacted because the statutes did not expressly provide that they were effective retroactively. See 643 S.W.2d 496, 497 (Tex.App.-Houston [14th Dist.] 1982, no writ); see also Delley, 581 S.W.2d at 521 (<HOLDING>); Alvarado v. Gonzales, 552 S.W.2d 539, 542-43 Options: A. holding that the aedpa oneyear statute of limitations applies to amendments to 2255 motions B. holding oneyear statute of limitations applies only to children born after the statutes effective date of september 1 1975 C. holding that the fcia does not apply to a september 1981 judgment against the united states for interest accruing after the acts effective date D. holding that the act applies prospectively to complaints filed after its effective date E. holding that in california the oneyear statute applies to a 1983 action

assistant: The best answer is B. holding oneyear statute of limitations applies only to children born after the statutes effective date of september 1 1975
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: USAMRIID, and the “tunnel vision” and lack of flexibility characteristic of some scientists. Similarly, in a memorandum to the Commander of the USAMRMC, in which Glenn gave his Review & Analysis of the USAMRMC, Glenn noted the “problem” of the “average age going higher.” He stated that “only US-AMRIID cut below the authorization limit to hire back either younger or different technology skills.” In appellants’ view, these statements by Glenn, like those made by Franz, reveal a discriminatory animus against older employees and establish pretext. We disagree. ■ First, we have consistently held, along with other circuits, that general or ambiguous remarks referring to the process of generational change create no triable issue of age discrimina tion. See, e.g., Birkbeck, 30 F.3d at 511-12 (<HOLDING>); EEOC v. Clay Printing Co., 955 F.2d 936, Options: A. recognizing that although there was no property in a dead body at common law the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way B. holding that the reference to needing younger blood was insufficiently probative of age bias C. holding that a suretys standing to sue comes from the fact that it is also subrogated to the contractor D. holding that the statement that there comes a time when we have to make way for younger people is insufficient to create any inference of age bias because it is a stray remark which merely reflects a fact of life E. holding it is a question of fact

assistant: The best answer is D. holding that the statement that there comes a time when we have to make way for younger people is insufficient to create any inference of age bias because it is a stray remark which merely reflects a fact of life
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All written notices required by this Agreement shall be deemed given when delivered personally or sent by registered or certified mail, return receipt requested, to the parties at their addresses set forth on the signature page of this Agreement. Each party may, from time to time, designate a different address to which notices should be sent.

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: at 73. 5 Id. 6 RCW 51.52.115; Johnson v. Weyerhaeuser Co., 134 Wn.2d 795, 800 n.4, 953 P.2d 800 (1998); Dep’t of Labor & Indus. v. Fankhauser, 121 Wn.2d 304, 308, 849 P.2d 1209 (1993). 7 ROW -51.52.115. 8 ROW 51.52.140; McClelland v. ITT Rayonier, Inc., 65 Wn. App. 386, 390, 828 P.2d 1138 (1992). 9 Ranger Ins. Co. v. Pierce County, 164 Wn.2d 545, 552, 192 P.3d 886 (2008). 10 CR 56(c). 11 Ranger Ins. Co., 164 Wn.2d at 552. 12 Id. 13 Id. 14 Id.; see also Vallandigham v. Clover Park Sch. Dist. No. 400, 154 Wn.2d 16, 26, 109 P.3d 805 (2005). 15 Sligar v. Odell, 156 Wn. App. 720, 725, 233 P.3d 914 (2010). 16 Id. (quoting Young v. Key Pharm., Inc., 112 Wn.2d 216, 225, 770 P.2d 182 (1989)). 17 Superior Asphalt & Concrete Co. v. Dep’t of Labor & Indus., 19 Wn. App. 800, 804, 578 P.2d 59 (1978) (<HOLDING>). 18 Young, 112 Wn.2d at 225-26. 19 RCW Options: A. holding the appellant needed to prove by a preponderance of the evidence that her husbands death fell within the terms of the insurance policy B. holding that wife could receive permanent total disability payments after the death of her husband where the husbands claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of his death even though husbands death occurred after the effective date of the 2008 statutory amendments as wifes status as a dependent was subject to determination as of the time of husbands injury C. holding that it was appellants burden to prove that her husbands death occurred in the scope of employment and that she was eligible for widows benefits D. holding widows claim that deceased husbands former employer and its life insurance carrier were negligent in their handling of husbands conversion of benefits was preempted by erisa finding the liability of the defendants is dependent upon the existence of the erisa plan and the interpretation of rights conferred by it E. holding that the employee was acting within the course of her employment when she died while returning from the workrelated session because her death occurred on a public highway which was brought within the scope of her employment by her employers requirement that she attend training at the state police academy

assistant: The best answer is C. holding that it was appellants burden to prove that her husbands death occurred in the scope of employment and that she was eligible for widows benefits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall commence as of the Effective Date and, unless sooner terminated in accordance with the terms hereof or by mutual written consent, shall expire on a country-by-country basis and Licensed Product-by-Licensed Product basis, upon the expiration of the Royalty Term with respect to a given Licensed Product in the applicable country but in no event later than fifteen (15) years after the date of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO THE CONFLICTS OR CHOICE OF LAW PRINCIPLES THEREOF (OTHER THAN NEW YORK GENERAL OBLIGATIONS LAW SECTION 5-1401).

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: from the time of the damaged shipment until the time of the insurance payment. Because National Insurance, as subrogee, is only entitled to indemnity for its payment to Tabacalera, we believe that the district court did not err in computing prejudgment interest from the date that National Insurance paid Tabacalera’s claim. D. Simple Prejudgment Interest On cross-appeal, National Insurance also submits that the district court erred in awarding simple rather than compound prejudgment interest. As a general rule, the decision whether to award compound or simple prejudgment interest is left to the discretion of the trial court. See Gorenstein Enters., Inc. v. Quality Care-USA, Inc., 874 F.2d 431, 437 (7th Cir.1989); EEOC v. Kentucky State Police Dep’t, 80 F.3d 1086, 1098 (6th Cir.1996) (<HOLDING>); Rite-Hite Corp. v. Kelley Co., 56 F.3d 1538, Options: A. holding that the trial court did not abuse its discretion in awarding prejudgment interest on attorneys fees paid prior to the entry of judgment B. holding that prejudgment interest may inelude compound interest C. holding in adea action that district court did not abuse its discretion by awarding compound rather than simple prejudgment interest D. holding that prejudgment interest may include compound interest E. holding that district court did not abuse its discretion in awarding prejudgment interest at the colorado statutory rate of 8 percent

assistant: The best answer is C. holding in adea action that district court did not abuse its discretion by awarding compound rather than simple prejudgment 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 9.7 members may use the resolution center to send or request money for refunds , additional host services , co-host services or damage claims related to bookings .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if and as far as necessary to operate the service in accordance with the terms contained herein , in particular to keep a balanced and enjoyable gaming experience for all players blizzard entertainment reserves the right to modify or delete game data .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: It has been duly organized, and is validly existing and in good standing under the laws of the jurisdiction of its formation, with all requisite power and authority to own or lease its properties and conduct its business as such business is presently conducted, and had at all relevant times, and now has all necessary power, authority and legal right to own or lease its properties and conduct its business as such business is presently conducted, including to acquire, own, sell and pledge the Receivables and the other Collateral.

assistant: Organizations
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 deliver a subpoena to the witness but was unsuccessful on three separate occasions. Id. at 159-60. The trial court subsequently ruled that the witness's previous testimony could be admitted at trial because Reynolds did not refute that he had been instrumental in concealing or keeping the witness away. Id. at 160. ¶ 39. The Reynolds Court began its analysis with the following: The Constitution gives the accused the right to a trial at which he should be confronted with the witnesses against him; but if a witness is absent by his own wrongful procurement, he cannot complain if competent evidence is admitted to supply the place of that which he has kept away. The Constitution does not guarantee an accused person against the legitima ) overruled by Malloy v. Hogan, 378 U.S. 1 (1964) (<HOLDING>); and Illinois v. Allen, 397 U.S. 337, 343 Options: A. holding that reversible error was committed when the court could not determine that the instruction given by the trial justice was sufficient to remove the taint of the statement and such doubt was to be resolved in favor of the defendant B. holding that under the sixth amendment any fact which increases the penalty for a crime eg by triggering a mandatory minimum sentence must be found by the jury beyond a reasonable doubt C. holding that defendant was permissibly excluded from going to view the scene of the crime as part of his trial in dicta justice cardozo stated that no doubt the privilege afforded by the sixth amendment may be lost by consent or at times even by misconduct D. holding a defendant was entitled to a directed verdict when none of the evidence presented by the state placed the defendant at the crime scene and the jury was left to speculate as to the defendants guilt E. holding that a criminal defendant has a sixth amendment right to counsel at trial

assistant: The best answer is C. holding that defendant was permissibly excluded from going to view the scene of the crime as part of his trial in dicta justice cardozo stated that no doubt the privilege afforded by the sixth amendment may be lost by consent or at times even by misconduct
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: is presumed when a violation of a separation of witnesses order occurs, but the presumption can be overcome if the non movant can show that there was no prejudice. Stafford v. State, 736 N.E.2d 326, 381 (Ind.Ct.App.2000) (relying on Hernandes v. State, 716 N.E.2d 948, 955 (Ind.1999) (Boehm, J., dissenting), reh'g denied ), reh'g denied, trams. denied. Here, Ray's counsel cross-examined Dr. Burrows. Further, Ray's counsel questioned Dr. Burrows on how she learned that Blake had received a sternum rub. Thus, Ray was not placed in grave peril because the jury was informed of the conversation between Dr. Burrows and the prosecutor and was given adequate information to judge the credibility of Dr. Burrows. See, eg., Hightower v. State, 260 Ind. 481, 486, 296 N.E.2d 654, 657 (Ind. 1973) (<HOLDING>), cert. denied, 415 U.S. 916, 94 S.Ct. 1412, 39 Options: A. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses B. holding that because the line of questioning was not relevant to the credibility of the witness and sought information about which the witness had no knowledge it was not a constitutional violation to sustain the objection C. holding that the jury is the judge of the weight and credibility given to witness testimony D. holding the excluded testimony was relevant to whether a signature was that of a deceased party and since a statement regarding the issue was the only testimony that could be given by the witness no offer to prove was necessary because the substance of the evidence was apparent from the context of the question asked E. holding that a violation of a witness separation order did not warrant reversal because the jury was completely informed of the conversation between the witnesses and was given adequate information by which it could judge the reliability and credibility of the revised testimony

assistant: The best answer is E. holding that a violation of a witness separation order did not warrant reversal because the jury was completely informed of the conversation between the witnesses and was given adequate information by which it could judge the reliability and credibility of the revised 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 case excerpt and choose the best holding from the options. Case excerpt: The Federal Rules of Civil Procedure lack any procedural tool titled a “motion for reconsideration.” Rather, a party may file a motion under Rule 59(e) to amend a judgment or under Rule 60(b) to seek relief from a final judgment. Where a post-judgment motion fails to identify its basis for challenging a judgment, yet falls within the filing deadline set by Rule 59, we have considered it a Rule 59(e) motion. See Hood v. Hood, 59 F.3d 40, 43 n.1 (6th Cir. 1995); Westerfield v. United States, 366 Fed.Appx. 614, 619 (6th Cir. 2010) (unpublished). And an appeal from an order denying a Rule 59(e) motion allows us to review the underlying judgment. See Hood, 59 F.3d at 43 n.1; Westerfield, 366 Fed.Appx. at 619 (citing Foman v. Davis, 371 U.S. 178, 181, 83 S.Ct. 227, 9 L.Ed.2d 222 (1962) (<HOLDING>). Here, Scadden’s motion for reconsideration Options: A. holding that an argument raised for the first time in a rule 59e motion is waived on appeal B. holding that an appeal from a denial of a rule 59e motion should have been construed as seeking review of the underlying judgment C. holding that the standard of review is abuse of discretion and an appeal from denial of rule 60b relief does not bring up the underlying judgment for review D. holding that the appellate court should have construed the notice of appeal from the denial of a motion to vacate the judgment as an attempt to appeal from the underlying judgment E. holding that appeal from denial of rule 60b motion raised for review only the district courts order of denial and not the underlying judgment itself

assistant: The best answer is B. holding that an appeal from a denial of a rule 59e motion should have been construed as seeking review of the underlying judgment
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 suit, action, claim or other proceeding shall have been instituted or threatened against Seller which results, or reasonably might be expected to result, in the transactions contemplated by this Agreement being enjoined or declared unlawful, in any lien attaching to or against the Property and/or in any liabilities or obligations being imposed upon Buyer or the Property, other than the Permitted Title Exceptions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment (a) constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter; (b) may be amended only by a writing signed by each of the parties; (c) may be executed in several counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument; (d) shall be governed by, and construed and enforced in accordance with, the laws of the State of Nevada, without giving effect to any conflict of law rules; and (d) shall be binding upon, and inure to the benefit of, the parties and their respective successors and permitted assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices must be written and sent to the address of the Party first set forth above. All notices must be given (a) by personal delivery, with receipt acknowledged, (b) by facsimile followed by hard copy delivered by the methods under (c) or (d), (c) by prepaid certified or registered mail, return receipt requested, or (d) by prepaid recognized next business day delivery service. Notices will be effective upon receipt or at a later date stated in the notice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this 2018-1 Servicing Supplement and the 2018-1 Servicing Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.

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: remarks of the government attorney at the defendant’s sentencing hearing). In the instant case, however, the government never made the promised recommendation, but instead merely responded when asked by the court that the promise to make the recommendation “does appear in the plea agreement.” Aplt. App. at 119. The prosecutor then proceeded to take with her left hand any conceivable benefit she had given with her right hand by stating, “But I recognize the Court cannot be bound by something that is illegal and impossible.” Id. The prosecutor’s statements in this case could hardly have constituted a “recommendation,” enthusiastic or otherwise, and actually served to undermine Mr. Cooper’s request for a sentence of probation. C.f United States v. Greenwood, 812 F.2d 632 (10th Cir.1987) (<HOLDING>). The prosecutor has many ethical duties, Options: A. holding that the court should limit the amount of sanctions to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated B. holding that government breached agreement to not recommend incarceration by arguing to the court that the defendant lacked remorse and the court should use the case to deter others from committing tax evasion C. holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea D. holding that district courts failure to hold evidentiary hearing to ascertain whether defendant breached plea agreement was harmless when it was clear defendant breached agreement E. holding that a federal habeas court may grant specific performance of a plea agreement in the face of evidence that the state has breached the terms of such an agreement

assistant: The best answer is B. holding that government breached agreement to not recommend incarceration by arguing to the court that the defendant lacked remorse and the court should use the case to deter others from committing tax evasion
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: they pay for the kits. In evaluating these arguments, two things must be kept in mind. First, while in-person telemarketing calls may be harassing to the consumer, they do not violate the TCPA. It is only when the calls are “robo-calls” or are made to persons on the do-not-call list that the calls violate the Act. Accordingly, assisting a party in setting up telemarketing centers or providing scripts for in-person calls is not evidence of agency. Second, “a distributor of goods for resale is normally not treated as an agent of the manufacturer. Restatement of the Law of Agency, 2d § 14J (1957) (‘One who receives goods from another for resale to a third person is not thereby the other’s agent in the transaction.’); Stansifer v. Chrysler Motors Corp., 487 F.2d 59, 64-65 (9th Cir. 1973) (<HOLDING>).” Asante Techs., Inc. v. PMC-Sierra, Inc., 164 Options: A. holding that plea agreement with drug enforcement agency agent not enforceable when agent was not authorized by united states attorney to enter agreement B. holding that the employer was not the insurers agent C. holding that both agent and principal will be liable when the agent acts within the scope of his employment but for his own purposes D. holding that nonexclusive distributor was not agent of manufacturer where distributorship agreement expressly stated distributor is not an agent E. holding that a spouse is not necessarily an agent of the debtor

assistant: The best answer is D. holding that nonexclusive distributor was not agent of manufacturer where distributorship agreement expressly stated distributor is not an agent
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 GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. EACH OF TITAN AND MOLTENI HEREBY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NEW YORK. TITAN AND MOLTENI HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREIN, INCLUDING CONTRACT CLAIMS, TORT CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON LAW OR STATUTORY CLAIMS.

assistant: Venues
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: (noting, in context of chapter 151B fee award, that “court may award attorneys!”] fees to a prevailing party even if the award includes fees for work on unsuccessful claims or issues”); Irish American Gay, Lesbian and Bisexual Group of Boston v. City of Boston, 1994 WL 878945, *1 (Mass.Super. Nov. 18, 1994) (noting, in context of fee request under section nine of chapter 151B, that, “[T]he plaintiff is the prevailing party here in every relevant sense”); see also Dartt v. Browning-Ferris Industries, 427 Mass. 1, 691 N.E.2d 526, 532 (Mass.App.Ct.1998) (“judicial analyses of the ADA are helpful” to interpret handicap discrimination cases under chapter 151B); Westinghouse Elec. Supply Corp. v. Massachusetts Commission Against Discrimination, 1999 WL 140492, *7 (Mass.Super. March 5, 1999) (<HOLDING>). Before turning to a calculation of fees, this Options: A. recognizing that the aba guidelines and federal law are instructive B. holding that though mississippi law governs the amount of the fee award here because the factors considered under state and federal law are nearly identical both state and federal cases are instructive C. recognizing that analogous federal statutory provisions concerning fee awards are instructive in construing chapter 151b and that ada is federal counterpart to chapter 151b D. holding that federal court decisions construing and applying the federal arbitration act may be regarded as persuasive authority in construing and applying corresponding provisions of our local arbitration act E. holding that legislatures failure to qualify a definition though it knew how to do so is instructive in construing statutes intended meaning

assistant: The best answer is C. recognizing that analogous federal statutory provisions concerning fee awards are instructive in construing chapter 151b and that ada is federal counterpart to chapter 151b
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 this case, I respectfully submit, it does not. I agree with the majority that the decision of the Board in this instance is legally infirm. However, when a case has been developed for over 10 years and there is evidence supporting award of the claim, and the record before the Court permits only one resolution of the key factual issue — whether the preponderance of the evidence weighs against the claim — reversal, not remand, is warranted. See Pullman-Standard v. Swint, 456 U.S. 273, 292, 102 S.Ct. 1781, 72 L.Ed.2d 66 (1982) (“Where findings are infirm because of an erroneous view of the law, a remand is the proper course unless the record permits only one resolution of the factual issue.” (emphasis added)); see also Padgett v. Nicholson, 19 Vet.App. 133, 146-47, 151 (2005) (en banc) (<HOLDING>), withdrawn on other grounds, 19 Vet.App. 334 Options: A. holding that factual conclusions of sentencing court which must be supported by a preponderance of the evidence are reviewed for clear error B. holding preponderance of the evidence must be against a claim before the claim can be denied where factual record is insufficient remand required C. holding that a claimant must demonstrate by a preponderance of the evidence entitlement to an administrative claim D. holding that the factual underpinnings of a restitution order must be proved by a preponderance of the evidence E. holding that a remand on a claim that could not be supported by the record would be a waste of judicial resources

assistant: The best answer is B. holding preponderance of the evidence must be against a claim before the claim can be denied where factual record is insufficient remand required
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for Taylor to argue that the specific language in the agreement, releasing all “contractual” matters, was reasonably susceptible to his interpretation. See Producers Dairy Delivery Co. v. Sentry Ins. Co., 41 Cal.3d 903, 226 Cal.Rptr. 558, 563, 718 P.2d 920, 925 (1986) (noting parol evidence must be capable of persuading a reasonable person that the language meant something other than its ordinary meaning); General Motors Corp. v. Superior Court, 12 Cal.App. 4th 435, 15 Cal.Rptr.2d 622, 625-27 (Ct.App.1993) (applying plain language in a release because there was no competent evidence suggesting that the parties intended something different); Restatement § 212 cmt. b (noting that alth L.Ed.2d 632 (1982); Noble v. National Am. Life Ins. Co., 128 Ariz. 188, 190, 624 P.2d 866, 868 (1981) (<HOLDING>). Despite the contractual origin of an Options: A. holding title company liable for bad faith B. holding that a bad faith claim is a tort C. recognizing the intentional tort of bad faith in firstparty insurance actions D. holding that broad language releasing all claims whether in contract tort or otherwise necessarily included a bad faith claim E. holding that improper motive is element of bad faith

assistant: The best answer is B. holding that a bad faith claim is a tort
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: like-situated, reasonable government agent that what defendant is doing violates federal law in the circumstances.’ ” Id. (quoting Lassiter v. Ala. A & M Univ. Bd. of Trs., 28 F.3d 1146, 1150 (11th Cir.1994) (en banc)). Given the absence of a statement that an attached garage is part of the home and the scant recitation of the facts and analysis in Sokolow, it cannot be said that Sokolow made it "sufficiently clear” to every reasonable official that entering any attached garage to conduct a search or make an arrest without a warrant or applicable exception violates the Fourth Amendment. See Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.2d 523 (1987). 13 . The district court held that the law at the time of the Deputies’ ent Ct. 2406, 49 L.Ed.2d 300 (1976) (<HOLDING>). In McClish, we held that "[t]he Fourth Options: A. holding that hot pursuit of a fleeing suspect justified a warrantless entry into the suspects home to protect inhabitants as long as the police did not know the home belonged to the suspect B. holding that contempt finding was proper where the former wife attempted to directly thwart the divorce judgment and cloud the title to certain marital property by transferring her interest by deed to her sister C. holding that debtor who was separated from her husband and who testified that she would only return to the marital home if her husband vacated the house or died or if she was required to care for him or her adult son there or if the couple reconciled was an abandonment of the marital home as her homestead D. holding that santana who had been standing in the doorway to her home could not retreat into her house to thwart an otherwise proper arrest citing hot pursuit E. holding that relative to the threat that she posed physically separating tina cortez from her telephone taking her by the arm escorting her from her home taking the keys to her home and locking the door and placing her in the locked back seat of a patrol car was excessive force as well as an unlawful seizure under the fourth amendment

assistant: The best answer is D. holding that santana who had been standing in the doorway to her home could not retreat into her house to thwart an otherwise proper arrest citing hot pursuit