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 occurrence of any of the following events or conditions if any of the same would have or would be reasonably expected to have a Material Adverse Effect: (i) the Borrower, any of its Subsidiaries or any ERISA Affiliate fails to make full payment when due of all amounts, which under the provisions of any Plan or Section 412 or 430 of the Code, the Borrower, any of its Subsidiaries or any ERISA Affiliate is required to pay as contributions thereto; (ii) an ERISA Event shall occur with respect to a Single Employer Plan which is, in the reasonable opinion of the Required Lenders, likely to result in the termination of such Plan for purposes of Title IV of ERISA; (iii) an ERISA Event shall occur with respect to a Multiemployer Plan or Multiple Employer Plan which is, in the reasonable opinion of the Required Lenders, likely to result in (A) the termination of such Single Employer Plan for purposes of Title IV of ERISA, or (B) the Borrower, any of its Subsidiaries, or any ERISA Affiliate incurring any liability in connection with a withdrawal from or insolvency (within the meaning of Section 4245 of ERISA) of such Plan; or ( iv) any prohibited transaction (within the meaning of Section 406 of ERISA or Section 4975 of the Code) or breach of fiduciary responsibility shall occur which would be reasonably expected to subject the Borrower, any of its Subsidiaries, or any ERISA Affiliate to any liability under Sections 406, 409, 502(i), or 502(l) of ERISA or Section 4975 of the Code, or under any agreement or other instrument pursuant to which the Borrower, any of its Subsidiaries, or any ERISA Affiliate has agreed or is required to indemnify any person against any such liability.

assistant: Erisa
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: independently fatal.” 197 F.3d at 1310. We concluded, despite the horrific nature of the crime, and the repeated stabbings, that a reasonable jury might find adequate provocation, heat of passion resulting from fear and terror, causation and immediacy, so as to warrant a first-degree manslaughter instruction. Id. at 1309. To correct the error of the denial of the requested lesser-included offense instruction, we reversed and ordered a new trial. Id. (citing Williams v. State, 513 P.2d 335, 337, 338-39 (Okla.Crim.App.1973) (when defendant shot his wife eight times at close range, and when defendant testified that “I just went blank and just stood there just pumping that gun,” the OCCA ordered a new trial, holding that “[t]he lack of a premeditated design to effect death should p.2000) (<HOLDING>); Boyd v. State, 839 P.2d 1363, 1367-68 Options: A. holding the harmed victim need not be the victim of the offense of conviction B. holding that instructions on depraved mind murder were correctly refused when the defendant shot the victim a second time in the chest at close range C. holding that evidence the victim tried to keep defendant from fleeing the scene of a crime and defendant killed victim in order to escape supported the finding that murder was committed to avoid arrest D. holding that instructions on depraved mind murder were correctly refused when the defendant entered a restaurant with intent to rob its occupants with a firearm stood directly in front of the victim raised the firearm demanded money and fatally shot the victim in the back of the chest when the victim tried to defend himself E. holding that when defendant drove to a transmission shop where the victim worked pushed the victim to the ground and shot him twice at close range the evidence did not support a lesserincluded offense instruction on seconddegree depraved mind murder

assistant: The best answer is D. holding that instructions on depraved mind murder were correctly refused when the defendant entered a restaurant with intent to rob its occupants with a firearm stood directly in front of the victim raised the firearm demanded money and fatally shot the victim in the back of the chest when the victim tried to defend himself
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 representations and warranties of the Company set forth in this Agreement or in any other document delivered to Purchasers by or on behalf of the Company pursuant to or in connection with this Agreement are true and correct as of the date hereof and as otherwise specifically provided herein or therein. Any certificate signed by a duly authorized representative of the Company and delivered to a Purchaser or to counsel for a Purchaser shall be deemed to be a representation and warranty by the Company to a Purchaser as to the matters set forth therein.

assistant: Representations
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: 329, 293 S.E.2d 607, 612 (1982). The rules of Civil Procedure set forth in chapter 1A are not to be superimposed upon these cases, but nor should they be ignored. Id. Thus, because the procedure set forth in the termination of parental rights provisions requires a verified petition, and verification is not defined in chapter 7A, the requirements for verification established in chapter 1A, Rule 11(b) should determine whether the pleading has been properly verified. The petitions in the present case were signed and notarized, the notarization reading “[s]worn and subscribed to before me this the 8th day of October, 1990.” Our Supreme Court long ago established that such notarization is insufficient to constitute verification. See Martin v. Martin, 130 N.C. 27, 28, 40 S.E. 822, 822 (1902) (<HOLDING>). Thus, the petitions requesting the Options: A. holding that in the absence of a prior indictment probable cause for arrest is determined by the facts in the sworn complaint B. holding that in a suit on a sworn account the petition with an attached sworn account and verified affidavit of the sworn account was a liquidated claim proved by written instruments C. holding that the phrase sworn and subscribed to is defective as a verification D. holding jeopardy attaches when jury is empanelled and sworn E. holding that a batson challenge is not timely if the jury has been sworn and the venire dismissed and observing that sjeveral jurisdictions have closely analyzed batsons language and concluded that the us supreme court envisioned that a batson challenge must be made before the jury is sworn while citing numerous state decisions barring batson objections after the jury is sworn and the venire is dismissed

assistant: The best answer is C. holding that the phrase sworn and subscribed to is defective as a verification
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: Promptly after receipt by an indemnified party hereunder of notice of the commencement of any action, such indemnified party shall, if a claim in respect thereof is to be made against the indemnifying party hereunder, notify the indemnifying party in writing thereof, but the omission to so notify the indemnifying party shall not relieve it from any liability that it may have to any indemnified party other than under this Section 2.08(c) except to the extent that the indemnifying party is materially prejudiced by such failure. In any action brought against any indemnified party, it shall notify the indemnifying party of the commencement thereof. The indemnifying party shall be entitled to participate in and, to the extent it shall wish, to assume and undertake the defense thereof with counsel reasonably satisfactory to such indemnified party and, after notice from the indemnifying party to such indemnified party of its election so to assume and undertake the defense thereof, the indemnifying party shall not be liable to such indemnified party under this Section 2.08 for any legal expenses subsequently incurred by such indemnified party in connection with the defense thereof other than reasonable costs of investigation and of liaison with counsel so selected; provided , however, that, (i) if the indemnifying party has failed to assume the defense or employ counsel reasonably satisfactory to the indemnified party or (ii) if the defendants in any such action include both the indemnified party and the indemnifying party and counsel to the indemnified party shall have concluded that there may be reasonable defenses available to the indemnified party that are different from or additional to those available to the indemnifying party, or if the interests of the indemnified party reasonably may be deemed to conflict with the interests of the indemnifying party, then the indemnified party shall have the right to select a separate counsel and to assume such legal defense and otherwise to participate in the defense of such action, with the reasonable expenses and fees of such separate counsel and other reasonable expenses related to such participation to be reimbursed by the indemnifying party as incurred. Notwithstanding any other provision of this Agreement, no indemnifying party shall settle any action brought against any indemnified party with respect to which such indemnified party may be entitled to indemnification hereunder without the consent of the indemnified party, unless the settlement thereof imposes no liability or obligation on, includes a complete and unconditional release from liability of, and does not contain any admission of wrongdoing by, the indemnified party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Time, (i) Retiring Agent assigns, and the Successor Agent assumes and is vested with all the rights, powers, privileges, and duties of Retiring Agent under the Credit Agreement and the other Loan Documents and shall thereafter be Agent under the Credit Agreement and the other Loan Documents; (ii) Retiring Issuing Bank assigns, and the Successor Issuing Bank assumes and is vested with all the rights, powers, privileges, and duties of Retiring Issuing Bank under the Credit Agreement and the other Loan Documents and shall thereafter be an Issuing Bank under the Credit Agreement; and (iii) Retiring Swing Lender assigns, and Successor Swing Lender assumes and is vested with all the rights, powers, privileges, and duties of the Swing Lender under the Credit Agreement and the other Loan Documents and shall thereafter be the Swing Lender under the Credit Agreement, in each case, including, without limitation, in Retiring Agent’s capacity as Agent, secured party, grantee, mortgagee, beneficiary, assignee, and each other similar capacity, if any, in which Retiring Agent was granted under any Loan Document Liens on any real or personal property of any Borrower, any Loan Party, or any other Person, as collateral security for any or all of the Obligations. Any other term or provision of this Agreement to the contrary notwithstanding, (A) none of Successor Agent, Successor Issuing Bank, nor Successor Swing Lender assumes any duties, obligations, or liabilities of Retiring Agent, Retiring Issuing Bank, or Retiring Swing Lender for any period on or before the Effective Time (except as expressly set forth below with respect to Underlying Letters of Credit); (B) none of Successor Agent, Successor Issuing Bank, nor Successor Swing Lender shall have any liabilities, duties, or obligations in respect of any acts or omissions by Retiring Agent, Retiring Issuing Bank, or Retiring Swing Lender for any period on or before the Effective Time (except as expressly set forth below with respect to Underlying Letters of Credit); (C) none of Retiring Agent, Retiring Issuing Bank, nor Retiring Swing Lender assumes any duties, obligations, or liabilities of Successor Agent, Successor Issuing Bank, or Successor Swing Lender for any period after the Effective Time; and (D) none of Retiring Agent, Retiring Issuing Bank, nor Retiring Swing Lender shall have any liabilities, duties, or obligations in respect of any acts or omissions by Successor Agent, Successor Issuing Bank, or Successor Swing Lender for any period after the Effective Time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and failed to appear at his client’s immigration hearing violated MLRPC 1.1) (citing Att’y Griev. Comm’n v. Guida, 391 Md. 33, 54, 891 A.2d 1085, 1097 (2006)). MLRPC 1.2 requires an attorney to abide by his or her client’s decisions regarding objectives of representation and to consult with a client, when appropriate, as to how to pursue those objectives. Att’y Griev. Comm’n v. Brown, 426 Md. 298, 319-20, 44 A.3d 344, 357 (2012) (where we held the attorney violated MLRPC 1.2 when he failed to prosecute his clients’ cases, inform his clients that their cases were dismissed consequently, and to respond to his clients’ requests for information). Lastly, an attorney violates MLRPC 1.3 by failing to represent the client diligently and promptly. Brown, 426 Md. at 320-21, 44 A.3d at 357-58 (<HOLDING>). Here, Costanzo failed to provide Hoffman with Options: A. holding that an attorney violated mlrpc 84d by faffing to inform his client of the dismissal of his clients complaint B. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law C. holding that the attorney violated mlrpc 13 when he did not prosecute his clients claim after filing a complaint or protect against expiration of the statute of limitation for his clients complaint and caused discovery sanctions to be filed for his failure to respond to discovery requests D. holding an attorney violated his duty of candor to the tribunal by changing his clients interrogatory answers without the clients knowledge E. holding attorney violated rules 3214 and 32116d when he failed to keep his clients informed about the status of their cases failed to communicate with his clients after their repeated requests for information and failed to account for or return client money from retainer fees

assistant: The best answer is C. holding that the attorney violated mlrpc 13 when he did not prosecute his clients claim after filing a complaint or protect against expiration of the statute of limitation for his clients complaint and caused discovery sanctions to be filed for his failure to respond to discovery requests
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 allow a fact-finder to reasonably conclude that respondent’s actions were unjustified. It is for the jury to hear the evidence presented by the parties, weigh the witnesses’ credibility, and determine whether respondent unjustifiably killed the cat. DECISION Because the district court invaded the province of the jury in concluding that respondent did not unjustifiably kill an animal, we reverse and remand. Reversed and remanded. 1 . Respondent argues that district courts give "great deference” to a police officer's experience and judgment in determining whether probable cause exists. Vertina v. Commissioner of Pub. Safety, 356 N.W.2d 412 (Minn.App.1984) (accepting police officer testimony at an implied consent hearing); see also State v. Harris, 295 Minn. 38, 202 N.W.2d 878 (1972) (<HOLDING>). But the cases respondent cites are not Options: A. holding that assault conviction for driving a motor vehicle under the influence of alcohol and causing serious bodily injury to the person of another with the motor vehicle qualified as a crime of violence under ussg 4b12a B. holding that state has jurisdiction to prosecute a nonindian for operating a motor vehicle under the influence of alcohol within the boundary of an indian reservation C. holding where police officer specifically requested bac test be performed on defendant at hospital and defendant did not dispute police officers probable cause to believe defendant drove under influence of alcohol defendants consent to undergo blood test was implied and hospital was required to release bac results D. holding that district court lacked authority to dismiss charges of driving under the influence reckless driving operating a motor vehicle without a seatbelt and operating a motor vehicle without insurance without states consent where dismissal was at gonzalezs request based on absence of arresting officer E. holding police officer had probable cause to believe defendant was operating a motor vehicle under the influence of alcohol

assistant: The best answer is E. holding police officer had probable cause to believe defendant was operating a motor vehicle under the influence of alcohol
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: product, but instead were “experimental runs where [Defendant was] trying to find a way to run 36 inch wide product” rather than its usual 24-inch material. (Defendant’s Reply, Ex. C, Nicholson 9/10/2015 Deck at ¶¶ 6-7.) Defendant further states, again without contradiction, that these test runs “did not work,” that it “immediately switched back to 43 IPM to make commercial product,” and that it has “run the line at that speed ever since.” (Id. at ¶ 7.) As the Federal Circuit has explained, “tests of an accused device under unusual conditions are not necessarily relevant to an infringement analysis.” Hilgraeve Corp. v. Symantec Corp., 265 F.3d 1336, 1343 (Fed. Cir. 2001); see also High Tech Medical Instrumentation, Inc. v. New Image Industries, Inc., 49 F.3d 1551, 1556 (Fed. Cir. 1995) (<HOLDING>). Finally, even if Defendant’s limited test Options: A. holding that exemption under the ada does not preclude liability under the rehabilitation act B. holding under the circumstances that a criminal proceeding does not qualify as an alternate remedy under the federal fca C. holding that blood tests do not infringe significant privacy interests D. holding that immunity given judge under section 1983 does not inure to benefit of those accused of conspiring with him E. holding that an accused device that does not infringe under its intended configuration does not become infringing by being altered into an infringing configuration under unusual circumstances

assistant: The best answer is E. holding that an accused device that does not infringe under its intended configuration does not become infringing by being altered into an infringing configuration under unusual circumstances
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: 548 U.S. 81, 83, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006). A prisoner must exhaust these remedies “in the literal sense[;]” no further avenues in the prison’s grievance process should be available. Spruill v. Gillis, 372 F.3d 218, 232 (3d Cir.2004). “[I]t is the prison’s requirements, and not the PLRA, that defines the boundaries of proper exhaustion.” Jones v. Bock, 549 U.S. 199, 218, 127 S.Ct. 910, 166 L.Ed.2d 798 (2007). In New Jersey, the Inmate Remedy System requires the submission of a “Routine Inmate Request” and, if necessary, an “Administrative Appeal.” See N.J. Admin. Code § 10A:1-4.4. In- their brief in support of the motion for summary judgment, the defendants argued that Smith failed to exhaust his administrative remedies. See Ray v. Kertes, 285 F.3d 287, 295 (3d Cir.2002) (<HOLDING>). The defendants indicated that a search of NSP Options: A. holding state is required to raise procedural bar as affirmative defense or it is waived B. holding that fair use is an affirmative defense C. recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different D. holding that exhaustion requirement in bj997ea is an affirmative defense that may be waived or forfeited E. holding that plras exhaustion requirement is an affirmative defense that can be waived or forfeited by defendants

assistant: The best answer is D. holding that exhaustion requirement in bj997ea is an affirmative defense that may be waived or forfeited
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 NOT PROHIBITED BY APPLICABLE LAW THAT CANNOT BE WAIVED, THE PARTIES HEREBY WAIVE, AND COVENANT THAT THEY WILL NOT ASSERT (WHETHER AS PLAINTIFF, DEFENDANT OR OTHERWISE), ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING IN WHOLE OR IN PART UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE RELEASE IT CONTEMPLATES, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. THE PARTIES AGREE THAT ANY PARTY MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG THE PARTIES IRREVOCABLY TO WAIVE THEIR RIGHTS TO TRIAL BY JURY IN ANY PROCEEDING WHATSOEVER BETWEEN THEM RELATING TO THIS AGREEMENT OR TO ANY OF THE MATTERS CONTEMPLATED UNDER THIS AGREEMENT, RELATING TO YOUR EMPLOYMENT, OR COVERED BY THE CONTEMPLATED RELEASE.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: United States, 855 F.2d 1573, 1576-77 (Fed.Cir.1988). Due to the jurisdictional nature of section 2501 it may not be waived. Hopland Band of Pomo Indians, 855 F.2d at 1577 (“[SJince the 6-year limitations period of section 2501, serves as a jurisdictional limitation rather than simply as an affirmative defense, such statu the numerosity requirement of 42 U.S.C. § 2000e(b) is jurisdictional); Eberhart, 126 S.Ct. at 405 (finding that the seven-day time limit for filing a motion for a new trial under Federal Rules of Criminal Procedure 33(b)(2) and 45(b)(2) is not jurisdictional); Scarborough, 541 U.S. at 414, 124 S.Ct. 1856 (finding that the thirty-day time limit for filing a claim for fees under 28 U.S.C. § 2412(d)(1)(B) is not jurisdictional); Kontrick, 540 U.S. at 456, 124 S.Ct. 906 (<HOLDING>). Instead, the statutes at issue involved minor Options: A. holding that creditor did not have actual knowledge of the bankruptcy filing where the debtor informed creditor of the possibility that a bankruptcy case would be filed B. holding that time limit for filing petition for review is mandatory and jurisdictional C. holding that the time limit for filing a petition for review of a final order of deportation is jurisdictional D. holding that the crossappeal time limit is jurisdictional E. holding that a time limit for filing a complaint as a creditor in bankruptcy proceedings is not jurisdictional

assistant: The best answer is E. holding that a time limit for filing a complaint as a creditor in bankruptcy proceedings is not jurisdictional
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 Guaranty hereby replaces in its entirety, that certain Amendment and Restatement of Continuing Agreement of Guaranty and Suretyship dated as of December 19, 2013, given by the Guarantors in favor of the Administrative Agent (as thereafter amended, supplemented or modified from time to time, the “ Amended and Restated Guaranty Agreement ”), and the Guarantors acknowledge and agree that further amendment and restatement of the Amended and Restated Guaranty Agreement by this Guaranty is not intended to constitute, nor does it constitute, a novation, interruption, suspension of continuity, satisfaction, discharge or termination of the obligations, liabilities, or indebtedness under the Amended and Restated Guaranty Agreement and this Guaranty is entitled to all rights and benefits originally pertaining to the Guaranty Agreement, as such rights and benefits may have been amended pursuant to the terms of this Guaranty.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party's obligations under this Section 3.01 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender or the L/C Issuer, the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Comply, and cause each of its subsidiaries to comply, with all applicable laws, rules, regulations and orders, such compliance to include compliance with ERISA, Environmental Laws, Anti-Corruption Laws, applicable anti-terrorism and anti-money laundering laws and Sanctions, except to the extent such non-compliance would not be reasonably expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller shall comply in all material respects with each and every Requirements of Law, including those relating to any Purchased Asset and to the reporting and payment of taxes. No part of the proceeds of any Transaction (including, for the avoidance of doubt, any Future Funding Transaction) shall be used for any purpose that violates Regulation T, U or X of the Board of Governors of the Federal Reserve System. Seller shall maintain the Custodial Agreement and Controlled Account Agreements in full force and effect. Seller shall not directly or indirectly enter into any agreement that would be violated or breached by any Transaction or the performance by Seller of any Repurchase Document.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each covenant contained herein shall be construed (absent express provision to the contrary) as being independent of each other covenant contained herein, so that compliance with any one covenant shall not (absent such an express contrary provision) be deemed to excuse compliance with any other covenant. Where any provision herein refers to action to be taken by any Person, or which such Person is prohibited from taking, such provision shall be applicable whether such action is taken directly or indirectly by such Person.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you and airbnb acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit , class-wide arbitration , private attorney-general action , or any other representative proceeding as to all disputes .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Singleton’s failure to obtain a valid certificate required under Section 22-10-3(A) resulted in her forfeiting all claim to compensation under Section 22-10-3(C). Taos Board also argues that any financial prejudice to Singleton occurred because of her failure to comply with her statutory and contractual duties. The facts show the contrary. As determined by the State Board, Singleton had satisfied the necessary requirements to be recertified. Singleton was forced to obtain other employment at a lower salary. Under these facts, it was improper to terminate Singleton’s employment. See State ex rel. Freeman v. Sierra County Board of Education, 49 N.M. 54, 157 P.2d 234 (1945). Compare Board of Education of Alamogordo Public Schools v. Jennings, 102 N.M. 762, 701 P.2d 361 (1985) (<HOLDING>). (b) Taos Board additionally argues that Options: A. holding that a liquidated damages amount set by contract is enforceable where the amount bears a reasonable relation to the damages actually sustained B. holding that any constitutionally protected property interest an employee has as a result of his employment contract is satisfied by payment of the full compensation due under the contract C. holding that rule 10b5 damages must be offset by amount of settlement D. holding that an assault that occurred immediately after the employee was discharged was in the course of the employment E. holding that wrongfully discharged employee is entitled to damages in the amount due during the remainder of the wrongfully terminated contract offset by the amount of income which employee received from other employment during the remainder of the contract period

assistant: The best answer is E. holding that wrongfully discharged employee is entitled to damages in the amount due during the remainder of the wrongfully terminated contract offset by the amount of income which employee received from other employment during the remainder of the contract period
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: against me may be entered as a judgment in any court of competent jurisdiction.” (Emphasis added.) One of the organizations listed in Item 10 was the National Association of Securities Dealers (“NASD”). The NASD “Code of Arbitration” requires brokers to arbitrate: “Any dispute, claim, or controversy ... between or among members and/or associated persons and/or certain others, arising in connection with the business of such member(s) or in connection with the activities of such associated person(s), or arising out of the employment or termination of employment of such associated person^) with such members....” (Emphasis added.) SouthTrust contends that the fraud claimed by McClellan “arises” out of his employment by SouthTrust. McClellan U.S. 220, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987) (<HOLDING>). Broadly construed, the term “employment” Options: A. holding that claims under the securities act of 1934 and the rico statutes are arbitrable B. holding wilko inapplicable to the securities exchange act of 1934 and stating in wilko the court held that a predispute agreement could not be enforced to compel arbitration of a claim arising under 122 of the securities act 15 u s c 772 emphasis supplied C. holding that claims under the securities act of 1933 were arbitrable under a predispute arbitration agreement D. holding that claims brought under section 10b of the securities exchange act and rico claims were arbitrable E. holding that claims under 10b of the securities exchange act of 1934 were arbitrable under a predispute arbitration agreement

assistant: The best answer is E. holding that claims under 10b of the securities exchange act of 1934 were arbitrable under a predispute arbitration agreement
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: In the event of the death of Employee during the term of her employment hereunder, this Agreement shall terminate on the date of Employee’s death. Upon any such termination, (i) within thirty (30) days after the date of termination, Company shall pay to the estate of Employee any unpaid amounts of her Total Salary accrued prior to the date of termination and reimbursement for all expenses described in Section 3.1 of this Agreement and incurred by Employee prior to her death, and (ii) in lieu of any further Total Salary, incentive compensation or other benefits or payments to the estate of Employee for periods subsequent to the date of termination, Company shall pay to the estate of Employee the Severance Payments specified in Section 4.4. Upon making such payments, Company shall have no further liability hereunder; provided , that Employee’s spouse, beneficiaries or estate, as the case may be, shall be entitled to receive any amounts then payable pursuant to any employee benefit plan, life insurance policy or other plan, program or policy then maintained or provided by Company to Employee in accordance with Section 3.2 hereof and under the terms thereof. Nothing herein is intended to give Employee’s spouse, beneficiaries or estate any rights to or interest in any key man life insurance policy on Employee maintained by Company for the benefit of Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a record of birth based on adoption to be sealed or expunged “to insure the confidentiality of adoption placements”). The information about the biological parents detailed in the statute, which excludes the identity of the parents, is to be provided to the adoptee or adopting parents by the department, agency, or person who places the child for adoption, regardless of when the adoption occurred, if that information is available. See section 7 of the Act amending former section 16.032, which provides that “[tjhis Act applies to adoptions consummated before, on, or after the effective date of this Act.” Act of May 27, 1989, 71st Leg., R.S., ch. 1231, § 7, 1989 Tex. Gen. Laws 4954, 4957; see also Methodist Home v. Marshall, 830 S.W.2d 220, 225 (Tex.App.—Dallas 1992, orig. proceeding) (<HOLDING>). To strike a balance between the respective Options: A. holding that section 16032 the predecessor to sections 162005008 applied to a 1980 adoption that took place prior to the statutes enactment in 1983 B. recognizing that new law did not apply to claims that accrued prior to enactment C. holding that the pslra imposes a more rigorous pleading standard than applied by any of the courts of appeals prior to the enactment of the statute D. holding that the states personal injury statutes of limitation should be applied for claims under section 1983 E. holding that a change of an element of an offense could not be applied retroactively to a crime committed prior to the statutes enactment

assistant: The best answer is A. holding that section 16032 the predecessor to sections 162005008 applied to a 1980 adoption that took place prior to the statutes enactment in 1983
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: cap in determining the amount of benefits another person was able to receive. Id. at 615. Although in Parisi, the child was suffering from the technical entitlement, the case stands for the proposition that a technical entitlement of zero should be counted as zero when computing family máximums. Considering that the purpose of the family maximum is to set a maximum that can be given from one wage earner’s account, Parisi complies with this purpose. IV. BY CITING PARISI, HAS PLAINTIFF RAISED A NEW ISSUE THAT IS NOT PROPERLY INCLUDED IN THIS JUDICIAL REVIEW? “[I]f petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum_” Tejeda-Mata v. INS, 626 F.2d 721, 726 (9th Cir.1980); See Chung Young Chew v. Boyd, 309 F.2d 857, 861 (9th Cir.1962) (<HOLDING>). Yet, in Tejeda-Mata the court held this “in Options: A. recognizing that failure to observe the required process deprives the court of jurisdiction B. holding that the court lacked jurisdiction over the petition for review because the aliens did not appeal the ijs denial of their motion to reopen to the board resulting in failure to exhaust their administrative remedies C. holding that partys failure to file a timely internal administrative appeal as required by regulations of the department of agriculture constituted failure to exhaust administrative remedies and precluded judicial action D. recognizing that failure by state to provide the required certification deprives appeals court of jurisdiction over appeal E. holding that failure to take available appeal to board of immigration appeals constitutes failure to exhaust administrative remedies and deprives the court of appeals of jurisdiction to review

assistant: The best answer is E. holding that failure to take available appeal to board of immigration appeals constitutes failure to exhaust administrative remedies and deprives the court of appeals of jurisdiction to review
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: v. Putnal, 75 F.3d 190, 195 (5th Cir. 1996); Todd v. Hawk, 11 F.3d at 446; Schultea v. Wood, 47 F.3d at 1430; Jackson v. City of Beaumont Police Department, 958 F.2d at 620; Streetman v. Jordan, 918 F.2d at 556-57; Brown v. Gloss lliott v. Perez, 751 F.2d at 1479. 119 . See Gaines v. Davis, 928 F.2d at 707; Brown v. Glossip, 878 F.2d at 874 n. 5; Geter v. Fortenberry, 849 F.2d at Wilkinson, 3 F.3d at 821. 148 . See Id. 149 . See Carson v. Johnson, 112 F.3d 818, 822 (5th Cir.1997); and Gabel v. Lynaugh, 835 F.2d 124, 125 n. 1 (5th Cir.1988). 150 . Hardwick v. Brinson, 523 F.2d 798, 800 (5th Cir.1975). 151 . Pittman v. Moore, 980 F.2d 994, 995 (5th Cir.1993); and Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir.1988). 152 . SeeJohnson v. Rodriguez, 110 F.3d 299, 310-11 (5th Cir.1997), (<HOLDING>). 153 . See Carson v. Johnson, 112 F.3d 818, Options: A. holding that where a defendants claim did not amount to a complete denial of counsel it could not form the basis of a collateral attack B. holding that filing of charges by employer constituted retaliatory act C. holding that because a finding of aggravation for conduct involving bad faith dishonesty and concealment reflected the same conduct that is properly the basis for the finding of the violation the finding in aggravation was duplicative D. holding that a petitioner must specify which issues form the basis of the appeal E. holding that the filing of frivolous claims could not form the basis for a finding of retaliatory conduct

assistant: The best answer is E. holding that the filing of frivolous claims could not form the basis for a finding of retaliatory conduct
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: 96 S.Ct. 893, 47 L.Ed.2d 18 (1976): [I]dentification of the specific dictates of due process generally requires consideration of three distinct factors: First, the private interest that will be affected by the official action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Id. at 335, 96 S.Ct. 893. That is not to say that there are no guides whatever to striking that balance. There are. See, e.g., Nat’l Council of Resistance of Iran v. Dep't of State, 251 F.3d 192, 209 (D.C.Cir.2001) (<HOLDING>). However, as explained below, the provisions Options: A. holding that organizations designated by the secretary of state as terrorist organizations must have the opportunity to be heard at a meaningful time and in a meaningful manner and must have the opportunity to present at least in written form such evidence as those entities may be able to produce to rebut the administrative record or otherwise negate the proposition that they are foreign terrorist organizations B. holding plaintiff must prove that he or she was deprived of an opportunity granted at a meaningful time and in a meaningful manner for a hearing appropriate to the nature of the case C. holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner D. holding that constitution requires an opportunity granted at a meaningful time and a meaningful manner for a hearing appropriate to the nature of the case E. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard

assistant: The best answer is A. holding that organizations designated by the secretary of state as terrorist organizations must have the opportunity to be heard at a meaningful time and in a meaningful manner and must have the opportunity to present at least in written form such evidence as those entities may be able to produce to rebut the administrative record or otherwise negate the proposition that they are foreign terrorist 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 legal provision and list the applicable contract clause categories. Provision: For all services to be rendered by Executive pursuant to this Agreement, the Company agrees to pay Executive during the Employment Period an annual base salary, less applicable taxes, including income tax, FICA and FUTA, and other appropriate deductions (the "Base Salary") at an annual rate of $375,000. During the Employment Period, the Board has the discretion to raise the Base Salary from time-to-time and shall reevaluate the Executive’s Base Salary on at least an annual basis (with first reevaluation on or about June 2017). The Base Salary shall be paid in periodic installments in accordance with the Company's regular payroll practices.

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: The Shares shall become fully vested on the first anniversary of the Grant Date, subject to the Recipient continuing Service as a member of the Board. If a Director’s Service as a member of the Board terminates other than for death or Disability (“ Termination ”), all of the Shares that have not vested as of the date of Termination (any such shares, “Unvested Shares”) will be forfeited. The foregoing notwithstanding, in the event of the Recipient’s death or Disability or a Change in Control of the Company during Recipient’s Service as a member of the Board, all Unvested Shares shall become immediately vested and no longer subject to restrictions on Transfer hereunder.

assistant: Vesting
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 Section 8(a), except as set forth in any Award agreement or as necessary to comply with applicable law or avoid adverse tax consequences to some or all Award recipients, no amendment or termination of the Plan may materially and adversely affect any outstanding Award under the Plan without the Award recipient’s consent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Secretary merely rubber stamped the decisions of the relevant industry. 5 . The Court also rejects the Commission’s argument that if student led prayer before a high school football game is attributable to the government, Santa Fe Indep. School Dist. v. Doe, 530 U.S. 290, 120 S.Ct. 2266, 147 L.Ed.2d 295 (2000), so to must be the Commission’s speech. Santa Fe is an establishment clause case, which turns on whether there is perceived or actual endorsement of the private speech by the government. See id at 305, 120 S.Ct. at 2277. Aside from the dearth of authority applying the Establish ment Clause test for government speech to a free speech case, Santa Fe, noted, as part of the indicia suggesting actual or perceived endorsement by the school district, that the publi Cir.1995) (<HOLDING>). 7 . Delano Farms only dealt with the United Options: A. holding that claim construction is an issue of law for the court not a question of fact for the jury B. holding that while legislative findings are due deference that cannot foreclose a courts constitutional analysis C. holding the constitutional rule announced in apprendi does not prohibit a district court from finding by a preponderance of the evidence facts relevant to the application of the guidelines D. holding that the issue of the finality of an order in a childcustody case was controlled by the fact that the trial courts judgment was final as to the facts presented at trial and would only be modified in the event that new facts subsequently developed justifying a modification of that judgment E. holding that deference to legislative fact finding does not foreclose the courts independent judgment of the facts bearing on an issue of constitutional law

assistant: The best answer is E. holding that deference to legislative fact finding does not foreclose the courts independent judgment of the facts bearing on an issue of constitutional 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 legal provision and list the applicable contract clause categories. Provision: If any provision of this Plan is held unenforceable, the remainder of the Plan shall continue in full force and effect without regard to such unenforceable provision and shall be applied as though the unenforceable provision were not contained in the Plan.

assistant: Severability