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: As of each Applicable Time occurring on or after the date of the first Placement Notice hereunder, all legal or governmental proceedings, affiliate transactions, off-balance sheet transactions, contracts, licenses, agreements, leases or documents of a character required to be described under the Securities Act in the Prospectus or to be filed as an exhibit to the Registration Statement have been so described or filed as required.

assistant: Disclosures
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 of the parties acknowledges that they, and their respective counsel, substantially participated in the negotiation, drafting and editing of this Amendment. Accordingly, the Parties agree that the provisions of this Amendment shall not be construed or interpreted for or against any Party hereto based on authorship.

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 case excerpt and choose the best holding from the options. Case excerpt: 624, 627 (relying on NRC’s post-trial report to support position); ante at 175-176, 699 A.2d at 624 (citing post-trial cases to support general acceptance of polymarker testing). Despite the majority’s acceptance of de novo review, the majority carefully circumscribes such review to exclude all of the evi dence that does not support its ruling. See, e.g., ante at 180, 699 A.2d at 626 (noting that “the record does not reveal whether dot-intensity analysis can be performed on a DQ Alpha test,” but ignoring evidence that it can be); ante at 181-182, 699 A.2d at 626-627 (acknowledging that the HBGG result obtained for the mixed sample is unexplainable by dot-intensity analysis, but refusing to explore inconsistency until post-conviction-relief proceedings); ante at 183-184, 699 A.2d at 628 (<HOLDING>); ante at 193, 699 A.2d at 633 (“It is too late Options: A. recognizing that dotintensity analysis provides an opening for crossexamination and contradictory expert testimony but refusing to remand the case for a hearing to develop such evidence B. recognizing that independent analysis is the only means by which the defendant can defend against expert testimony by the state C. recognizing that the need for the expert was so great that the decision to preclude the expert effectively amounted to dismissal of case D. holding that expert testimony is unnecessary where the case is not a case in which lay jurors would be unable to grasp the issues without expert assistance E. holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions

assistant: The best answer is A. recognizing that dotintensity analysis provides an opening for crossexamination and contradictory expert testimony but refusing to remand the case for a hearing to develop such evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: there was an error, (2) the error was plain, i.e., clear or obvious, and (3) the plain error affected substantial rights, i.e., the outcome of the lower-court proceedings. Id. at 763. Once defendant has established these three requirements, this Court “must exercise its discretion in deciding whether to reverse.” Id. Reversal is warranted only if the error seriously affected the fairness, integrity, or public reputation of the judicial proceedings or resulted in the conviction of an actually innocent person. Id. A plain error that affects substantial rights does not necessarily result in the conviction of an actually innocent person or seriously affect the fairness, integrity, or public reputation of judicial proceedings. See People v Vaughn, 491 Mich 642, 666-667; 821 NW2d 288 (2012) (<HOLDING>); see also Johnson v United States, 520 US 461, Options: A. holding that failure to charge drug quantity in the indictment and submit it to the jury seriously affects the fairness integrity and public reputation of judicial proceedings so that the court should exerciseits discretion to recognize the error B. holding that reversal was unwarranted despite the admission of the defendants prior criminal acts since such admission did not seriously affect the fairness integrity or public reputation of judicial proceedings quotation and citation omitted C. holding that plain error exists when 1 an error was committed 2 that was plain 3 that affected the defendants substantial rights and 4 the error seriously affects the fairness integrity or public reputation of judicial proceedings D. holding that the closure of a courtroom during jury selection a structural error did not seriously affect the fairness integrity or public reputation of the judicial proceedings E. holding that a plain error did not seriously affect the fairness integrity or public reputation of the judicial proceedings even though the error was assumed to have affected substantial rights

assistant: The best answer is D. holding that the closure of a courtroom during jury selection a structural error did not seriously affect the fairness integrity or public reputation of the judicial proceedings
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: when he wrote a check in the amount of $29,524.50 for the down payment on the defendant real property, no other money was deposited into the account. Id. Furthermore, the financial documents submitted by the government clearly establish that Dr. Howard’s mortgage payments were made with funds traceable to the estate’s assets and Dr. Howard has not presented evidence that refutes this evidence. Accordingly, because the Court concludes that the government has demonstrated by a preponderance of the evidence that Dr. Howard utilized funds exclusively acquired from Mildred Powell’s estate to purchase and make payments on the St. Joe, Florida property, the entire property, including its appreciated value, is subject to forfeiture. See United States v. Hawkey, 148 F.3d 920, 928 (8th Cir.1998) (<HOLDING>). Any contrary result would reward Dr. Howard Options: A. holding that actual as opposed to special damages arising from a conversion consist of the fair market value of the property converted B. holding that forfeiture was inequitable where purchaser hired experts to improve the property and attorneys to rezone the property which substantially increased the value C. holding that the measure of damages of converted property is the market value at the time of conversion D. holding that scope of property subject to forfeiture is defined by the instrument creating an interest in the property E. holding that the district court correctly ordered that the motor home be forfeited without regard to any increased value that the defendant may have added irrespective of whether the increased value to the converted property is the result of wise investment personal effort by the defendant or by adding the defendants personal untainted funds because the converted property is traceable to the unlawful monetary transaction we conclude that the property is subject to forfeiture under 18 usc 982a1

assistant: The best answer is E. holding that the district court correctly ordered that the motor home be forfeited without regard to any increased value that the defendant may have added irrespective of whether the increased value to the converted property is the result of wise investment personal effort by the defendant or by adding the defendants personal untainted funds because the converted property is traceable to the unlawful monetary transaction we conclude that the property is subject to forfeiture under 18 usc 982a1
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: employer does not alter the analysis because both general and special employers are entitled to tort immunity once workers' compensation has been paid. See Antheunisse, 551 A.2d at 1007. Nor do I find Taylor distinguishable because there was no change in corporate form in that case. Taylor addresses the precise issue before me: whether an employment relationship with an unincorporated entity within a corporation gives rise to an employment relationship with the corporation for the purposes of workers’ compensation tort immunity despite the employee’s belief that the unincorporated entity is the employer and unawareness of any relationship with the corporation. I find no support for plaintiff’s argument in Santos v. Standard Havens, Inc., 225 N.J.Super. 16, 541 A.2d 708 (App.Div. 1988) (<HOLDING>). 8 . This New Jersey precedent emphasizing Options: A. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation B. holding that plaintiffs decedent became special employee of separately incorporated subsidiary after general employer parent corporation lent his services to subsidiary under circumstances that satisfied special employment factors C. recognizing that a foreign company as a special employer under the lent employee doctrine was subject to arizonas workers compensation statutes for injuries sustained by an employee D. recognizing special circumstances exception E. holding that a lent employees acceptance of his special employment status could be implied from his acquiescence to the control and direction of the special employer

assistant: The best answer is B. holding that plaintiffs decedent became special employee of separately incorporated subsidiary after general employer parent corporation lent his services to subsidiary under circumstances that satisfied special employment factors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of City of Waco— even if it also happens to have an incidental effect on the court’s jurisdiction. 4 F.3d at 228 (3d Cir.1993). Inasmuch as the order of dismissal in the present case arose out of Carr’s release of Red Cross from tortfeasor liability, the underlying dismissal order clearly had independent relevance in adjudging the rights of all three parties involved in this action. That is, the ramifications of the dismissal order impacted on more than the issue of federal subject matter jurisdiction alone. Consequently, we conclude that the district court’s order dismissing Red Cross is separable from the subsequent order of remand. Therefore, appellate review of the dismissal order is not barred by 28 U.S.C. § 1447(d). Accord Aliota v. Graham, 984 F.2d at 1353 (3d Cir.1993) (<HOLDING>). B. We also conclude that the district court’s Options: A. holding that the mixed question of exigent circumstance is reviewable de novo as a question of law B. holding that generally the question of waiver and estoppel is a question of fact C. holding question of resubstitution separate from question of remand and thus reviewable on appeal D. holding that remand order based on forum selection clause is reviewable on appeal E. holding it is a question of fact

assistant: The best answer is C. holding question of resubstitution separate from question of remand and thus reviewable on appeal
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: testimony, Mrs. Pursell told counsel on the night of Tuesday, July 28, 1981 that her son had lost his glasses on July 22, 1981. (Tr. 1/25/82, at 66). But this statement was made after Pursell had been arrested for Brine’s killing, (Tr. 1/21/82, at 95), and after the newspapers had reported that Pursell’s glasses were found at the murder scene, id. at 87; dkt. no. 10, Ex. 10 (Erie Daily Times, 7/28/81). In fact, by July 28, 1981, Mrs. Pursell knew the full implication of her statements to counsel, and knew that her story would either support or undermine her son’s prospects at trial. Under these circumstances, her prior consistent statement was simply not admissible, and counsel’s failure to raise it was not unreasonable. Commonwealth v. Hutchinson, 521 Pa. 482, 556 A.2d 370, 372 (1989) (<HOLDING>). Even if the statement was admissible, Options: A. holding that a prior inconsistent statement was admissible and the defendant failed to ask for a limiting instruction that the jury could not use the statement as substantive evidence B. holding that trial counsel was not ineffective when he failed to introduce defendants prior consistent statement statement was not admissible because it was made after defendant had been arrested clearly not a time when the effect of the statement could not have been foreseen C. holding appellate argument that statement violated rule 404b was improper because it was the defendant who elicited the statement at trial D. holding witnesss prior consistent statement admissible in part because defense counsel implied during opening statement that witness had fabricated her testimony E. holding incrimina ting statement admissible even though it was made moments after the officers had responded to the defendants question about what would happen if the defendant failed to make a statement and after the defendants request for counsel

assistant: The best answer is B. holding that trial counsel was not ineffective when he failed to introduce defendants prior consistent statement statement was not admissible because it was made after defendant had been arrested clearly not a time when the effect of the statement could not have been foreseen
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: 678, 683 (N.D.Ga.1993) (for purposes of motion under Fed.R.Civ.P. 56, court may consider document that is authenticated by and attached to affidavit, and affiant must be person through whom the exhibits could be admitted into evidence), aff'd, 42 F.3d 645 (11th Cir.1994). Kuchersky also declares, under penalty of perjury, that he has attached “true and correct copies of’ business and governmental records relating to Navoi. Translations of the Kuchersky declarations and other attached documents were provided by Alexander Ahmedov, Counsel at the Embassy of the Republic of Uzbekistan. The exhibits and declarations submitted by Navoi are properly before the court and establish Navoi’s prima facie case. Cf. Kelly v. Syria Shell Petroleum Development B.V., 213 F.3d 841, 847-49 (5th Cir.) (<HOLDING>), cert. denied, 531 U.S. 979, 121 S.Ct. 426, Options: A. holding that affidavits and exhibits submitted by defendant made prima facie showing that entity was organ of foreign state B. holding that a plaintiffs prima facie showing of jurisdictional facts is reviewed de novo C. holding that plaintiffs conclusory allegations were insufficient to make out prima facie case for mere department status of foreign corporation defendant D. holding that the burden of establishing prima facie case of discriminatory treatment may be satisfied by minimal showing E. holding that a prima facie case is subject to independent review

assistant: The best answer is A. holding that affidavits and exhibits submitted by defendant made prima facie showing that entity was organ of foreign state
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any written notice that may be required to be provided pursuant to the terms of the Plan or any Award Agreement shall be provided (i) to the Participant at the Participant's home mailing address last known by the Company or (ii) to the Company Vice President, General Counsel and Secretary at 100 Manhattanville Road, Purchase, New York 10577-2135.

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: v. Marr, 250 S.W.3d 624, 626 (Ky.2008); RCr 9.78. Although we have reservations concerning the justification and scope of the Terry stop, they are not determinative in our resolution of the present case. Identification In the context of a Terry stop, an “officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer’s suspicions. But the detainee is not obliged to respond.” Berkemer v. McCarty, 468 U.S. 420, 439, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984). Whether a Terry detainee is required to provide identification to an officer is determined by state law. See Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, et al., 542 U.S. 177, 188, 124 S.Ct. 2451, 159 L.Ed.2d 292 (2004) (<HOLDING>). In support, the Hiibel Court cited twenty Options: A. holding that a state law requiring a suspect to disclose his name in the course of a valid terry stop is consistent with fourth amendment prohibitions B. holding that whether consent was valid under the fourth amendment is a question of law to be reviewed de novo C. holding that officers may consistent with the fourth amendment conduct a brief investigatory stop when they have a reasonable articulable suspicion that criminal activity is afoot D. holding that an anonymous tip supported a terry stop where the informant provided several details but refused to give his name E. holding that a detention remained a valid terry stop despite detaining the suspect at gunpoint handcuffing him and placing him in a police car because police may take reasonable actions under the circumstances to ensure their own safety as well as the safety of the public during an encounter with a suspect

assistant: The best answer is A. holding that a state law requiring a suspect to disclose his name in the course of a valid terry stop is consistent with fourth amendment prohibitions
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 that any provision of this Agreement or the application thereof becomes or is declared by a Chosen Court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other Persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. The parties further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the greatest extent possible, the economic, business and other purposes of such void or unenforceable provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For the purposes of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given when delivered or mailed by certified or registered mail, return receipt requested, postage prepaid, addressed to the respective addresses set forth on the signature pages hereto.

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 Borrower and the Guarantors will not, and will not permit their respective Subsidiaries, to enter into any arrangement, directly or indirectly, whereby the Borrower, any Guarantor or any such Subsidiary shall sell or transfer any Real Estate owned by it in order that then or thereafter the Borrower or any such Subsidiary shall lease back such Real Estate without the prior written consent of Agent, such consent not to be unreasonably withheld.

assistant: Sales
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: alleged violation of deed restriction setbacks, not the association’s requests for attorney’s fees and costs. Indeed the association’s requests for attorney’s fees and costs can be deemed only ancillary to the main relief sought. When the Paynes’ voluntarily purchased the adjoining lot and had it annexed to bring their property into compliance with the deed restrictions, they themselves mooted out the significant issue to be litigated in this case. Their voluntary compliance with the deed restrictions was the functional equivalent of a judgment or verdict in favor of the plaintiff/association, thus making the association entitled to an award of attorney’s fees and costs as the prevailing party. See Augustin v. Health Options of S. Fla., Inc., 580 So.2d 314, 315 (Fla. 3d DCA 1991) (<HOLDING>). See also State of Fla. Dep’t of Health and Options: A. holding the receiver properly applied rental income from the property to the payment of common charges during the pendency of the foreclosure action B. holding that when defendant made full payment to physician during pendency of action as prayed for in the complaint it necessarily mooted out the action and was the functional equivalent of a plaintiffs verdict or judgment for purposes of fees C. holding that a defendant must be granted credit for time served in any institution serving as the functional equivalent of a county jail D. recognizing that when a cause of action is reduced to a judgment the cause of action is merged into the judgment and thereafter only an action on the judgment exists E. holding that personal injury action arising during the pendency of the bankruptcy proceedings was property of the estate

assistant: The best answer is B. holding that when defendant made full payment to physician during pendency of action as prayed for in the complaint it necessarily mooted out the action and was the functional equivalent of a plaintiffs verdict or judgment for purposes of fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to forfeiture, and any property traceable thereto, and is not limited to the net gain or profit realized from the offense. (B) In cases involving lawful goods or lawful services that are sold or provided in an illegal manner, the term “proceeds” means the amount of money acquired through the illegal transactions resulting in the forfeiture, less the direct costs incurred in providing the goods or services. 18 U.S.C. § 981(a)(2). Accordingly, if this case involves “illegal goods, illegal services, [or] unlawful activities,” then Global’s gross receipts are subject to forfeiture as “proceeds”; if, however, this case involves “lawful goods or lawful services that are sold or provided in an illegal manner,” then Global’s profits are subject to forfeiture. See id.; Santos, 128 S.Ct. at 2024 (<HOLDING>). The forfeiture of Global’s funds in this case Options: A. recognizing that proceeds means receipts under 18 usc 981a2a and profits under 981a2b B. holding that 28 usc 2461c authorizes criminal forfeiture of proceeds from general mail fraud via 18 usc 981a1c C. holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 D. holding that crimes subject to a minimum sentence of 15 years under 18 usc 924e1 are properly characterized as class a felonies under 18 usc 3559 E. holding that a sentencing court is required by 18 usc 3583g to revoke the defendants term of supervised release unless defendant could come under the exception in 18 usc 3583d

assistant: The best answer is A. recognizing that proceeds means receipts under 18 usc 981a2a and profits under 981a2b
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 representations, warranties, covenants, and obligations in this Agreement, the Disclosure Memorandum, any supplement to the Disclosure Memorandum, the certificate delivered pursuant to Section 3.2(a)(ii) , and any other certificate or document delivered pursuant to this Agreement shall survive the Closing. The right to indemnification, payment of Damages or other remedy based on such representations, warranties, covenants, and obligations shall not be affected by any investigation conducted with respect to, or any knowledge acquired (or capable of being acquired) at any time, whether before or after the execution and delivery of this Agreement or the Closing Date, with respect to the accuracy or inaccuracy of or compliance with, any such repre-sentation, warranty, covenant, or obligation. The waiver of any condi-tion based on the accuracy of any representation or warranty, or on the performance of or compliance with any covenant or obligation, shall not affect the right to indemnification, payment of Damages, or other remedy based on such representations, warranties, covenants, and 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 7.3.1 to list an experience , event or other host service , you must create a listing and submit the experience , event or host service to airbnb .

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: were worth $325,699.15 as of June 15, 2015: an IRA maintained by The Vanguard Group containing $64,910.21 in cash and securities; and a “401(k)-type account” maintained by Aetna containing $262,788.94 in cash and securities. Doc. 163 at ¶ 3. Although-Sayyed is 48 years old and still employed, Doc. 94 at 4, both accounts allow him withdraw their full value now. Doc. 169 at 4; Doc. 177. After serving Vanguard and Aetna with citations to discover assets, the Government moved the court to order Sayyed to liquidate the a odic payments pursuant to a pension or retirement program” (emphasis added), § 1672(a) strongly implies that non-periodic, lump sum payments from retirement programs are not “earnings.” See United States v. Fussell, 567 Fed.Appx. 869, 871-72 (11th Cir.2014) (per curiam) (<HOLDING>); United States v. Carpenter, 2015 WL 4757573, Options: A. holding the fourteenth amendment does not apply to the actions of the federal government B. holding that title ii does not apply to the states C. holding that the ccpas cap does not apply to lump sum garnishments of retirement accounts D. holding that 1447c does not apply to counsel E. holding that the confrontation clause does not apply to the sentencing hearing

assistant: The best answer is C. holding that the ccpas cap does not apply to lump sum garnishments of retirement accounts
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: district court properly dismissed the claim against McDonald because the statute pursuant to which the suit was brought does not create a cause of action against individuals. Accordingly, we AFFIRM the district court’s dismissal. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 1 . Dennis alone appealed the judgment; his wife is not listed as an appellant. 2 . In the opposition to the motion to dismiss, Dennis alleges that McDonald acted contrary to 18 U.S.C. §§ 1701 and 1708. These, however, are criminal statutes that do not create a private right of action. See Alexander v. Sandoval, 532 U.S. 275, 286-87, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001) Options: A. holding that where statutory remedies exist private employees do not have a private cause of action for violation of state constitutional rights B. recognizing the cause of action C. recognizing cause of action D. holding that private rights of action to enforce federal law must be created by congress courts may not create a cause of action absent statutory intent E. holding that a private plaintiff may not being an action under the family educational rights and privacy act of 1974 because that statute does not create personal rights to enforce under 42 usc 1983

assistant: The best answer is D. holding that private rights of action to enforce federal law must be created by congress courts may not create a cause of action absent statutory intent
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: Here, defendant objected to the particular sanction that the trial court imposed. Although defendant did not propose lesser sanctions, Wyatt does not require that he do so to preserve the issue. We accordingly turn to the merits of defendant’s second argument. The court has held that, when a witness’s death during a civil trial prevented the opposing party from l defendant’s right to testify is subject to the state’s right to cross-examine him or her. See Mende, 304 Or at 21. ORS 136.643 expressly conditions the defendant’s right to testify on the state’s right of cross-examination, and defendant does not argue that either the state or federal constitution prohibits the legislature from imposing that condition. Such an argument would be difficult to mount. See Rogers, 330 Or at 301-02 (<HOLDING>); Brown v. United States, 356 US 148, 154-56, Options: A. holding that subrogation rights are not security interests under ucc article 9 B. recognizing that rights under article i section 11 are subject to reasonable limitations C. recognizing that reasonable time limitations may be placed on the exercise of constitutional rights D. recognizing court discretion in determining reasonable fee under rule 11 E. holding reimbursement to a religious institution the salvation army for emergency services expenditures permissible under article ii section 12 of arizona constitution an identical provision to article i section 11

assistant: The best answer is B. recognizing that rights under article i section 11 are subject to reasonable limitations
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: Medley was without subject matter jurisdiction to entertain the motions. And since he was a judge of a court of general jurisdiction, neither Judge Medley’s commission of error in granting the motions that led to the two disputed orders, nor the apparent lack of a statute authorizing Judge Medley’s approval of the motions leading to the orders, rendered his actions in “clear absence of all jurisdiction.” Therefore, the district court here was correct to find this aspect of the quasi-judicial immunity analysis satisfied. 2. The Court Orders’ Facial Validity A key requirement that we have found necessary to the application of quasi-judicial immunity where government officials are executing court orders is the requirement that the order be “facially valid.” See Turney, 898 F.2d at 1472 (<HOLDING>). Howev er, we have acknowledged that even Options: A. holding that prison officials charged with executing facially valid court orders enjoy absolute immunity from 1983 liability for conduct prescribed by those orders B. holding that federal executive officials in general are not privileged with absolute immunity C. holding that officials charged with the duty of executing a facially valid court order enjoy absolute immunity D. holding that state prosecutors enjoy absolute immunity for the initiation and pursuit of a criminal prosecution E. holding that social workers enjoy absolute quasijudicial immunity when making postadjudication custody decisions pursuant to a valid court order quotation omitted

assistant: The best answer is C. holding that officials charged with the duty of executing a facially valid court order enjoy absolute immunity
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 proceeds of the Term Loan will be used only to (a) pay the fees, expenses and transaction costs of the Transactions, (b) repay certain Indebtedness outstanding under the Existing First Lien Credit Agreement, and (c) finance the working capital needs of the Borrower, including capital expenditures, and for general corporate purposes of the Borrower and the Guarantors, including the exploration, acquisition and development of Oil and Gas Property. The proceeds of the Delayed Draw Term Loans will be used only for (a) Pre-Approved Acquisitions and/or (b) other uses that are satisfactory to the Lenders providing such Delayed Draw Term Loan, in their sole discretion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Subscriber understands that the Company will rely on the acknowledgments, representations and covenants of the Subscriber contained in this Agreement in determining whether a sale of the Shares to the Subscriber is in compliance with applicable securities laws and in the best interest of the Company. All of the information set forth in this Agreement with respect to the Subscriber are correct and complete as of the date hereof and if there should be any material change in such information prior to the acceptance of this Agreement by the Company the Subscriber will immediately furnish the revised or corrected information to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller is not and is not acting on behalf of (i) an “employee benefit plan” within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended, (ii) a “plan” within the meaning of Section 4975 of the Internal Revenue Code of 1986, as amended, or (iii) an entity deemed to hold “plan assets” within the meaning of 29 C.F.R. §2510.3-101 of any such employee benefit plan or plans.

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 legal provision and list the applicable contract clause categories. Provision: Each notice, demand, request, request for approval, consent, approval, disapproval, designation or other communication (each of the foregoing being referred to herein as a notice) required or desired to be given or made under this Agreement shall be in writing (except as otherwise provided in this Agreement), and shall be effective and deemed to have been received (i) when delivered in person, (ii) when receipt is acknowledged by recipient if sent by fax or e-mail, (iii) five (5) days after having been mailed by certified or registered United States mail, postage prepaid, return receipt requested, or (iv) the next Business Day after having been sent by a nationally recognized overnight mail or courier service, receipt requested. Notices shall be addressed as follows: (A) if to a Holder, at such Holders' address, e-mail address or fax number set forth on Schedule I hereto, or at such other address, e-mail address or fax number as such Holder shall have furnished to the REIT in writing, or (B) if to any assignee or transferee of a Holder, at such address, e-mail address or fax number as such assignee or transferee shall have furnished to the REIT in writing, or (C) if to the REIT, at the address of its principal executive offices and addressed to the attention of the President, or at such other address, e-mail address or fax number as the REIT shall have furnished to the Holders. Any notice or other communication required to be given hereunder to a Holder in connection with a registration may instead be given to a designated representative of such Holder.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: e ) use or interfere with the skyscanner services and/or skyscanner platforms in a way that could damage , disable , overburden , impair or compromise our systems or security or interfere with other users ;

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: who trigger the criminal prosecution of innocent persons, bears relevance to the case at bar because Plaintiff essentially argues that Mrs. MacDermid was innocent of criminal conduct and that she could not have been legitimately prosecuted had Discover carried out its threats to do so. To sustain a successful claim of malicious prosecution, in addition to showing the defendant brought the action with “malice” and that the underlying criminal prosecution terminated successfully in plaintiffs favor, one must demonstrate an absence of probable cause. Roberts v. Federal Express Corp., 842 S.W.2d 246, 247-48 (Tenn.1992) (involving an employee’s suit against his employer for causing his arrest for grand larceny); see Schlueter v. S. Energy Homes, Inc., 252 Fed. Appx. 7, 9 (6th Cir.2007) (<HOLDING>). Probable cause is established where “facts Options: A. recognizing tennessee law requires the absence of probable cause to maintain a malicious prosecution claim B. holding that a determination of probable cause does not bar a state law malicious prosecution claim where the claim is based on the police officers supplying false information to establish probable cause C. holding that a necessary element for malicious prosecution under virginia law is lack of probable cause D. holding that in order to prevail on a malicious prosecution claim under 1983 a plaintiff must establish among other things the absence of probable cause for the initiation of the proceedings against her E. holding the same for malicious prosecution

assistant: The best answer is A. recognizing tennessee law requires the absence of probable cause to maintain a malicious prosecution claim
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: liable and that “Defendants District of Columbia, MPD, Commander McCoy, the Watch Commander, Sgt. Gamble, USSS and Chief of the Uniformed Division” are “vicariously liable on the basis or [sic] respondeat superior for any violation of Mr. Powers’ civil and/or constitutional rights.” Compl. ¶ 32. As an initial matter, there is no vicarious liability for constitutional violations. This point of law is incontrovertible; it is directly established by Supreme Court and D.C. Circuit precedent. See Monell, 436 U.S. at 693, 98 S.Ct. 2018 (“[A] municipality cannot be held liable solely because it employs a tortfeasor — or, in other words, a municipality cannot be held liable under § 1983 on a respondeat superior theory.”); Int’l Action Ctr. v. United States, 365 F.3d 20, 27 (D.C.Cir.2004) (<HOLDING>); Arnold v. Moore, 980 F.Supp. 28, 35 Options: A. holding that a supervisor cannot be held personally liable for the unconstitutional conduct of a subordinate based on vicarious liability B. holding officer personally liable because he agreed to personally guarantee payment on an account C. holding that no expert reports specifically addressing conduct of professional corporation and professional association were required when plaintiffs alleged only vicarious liability based on medical negligence of entities physicians explaining that the entities conduct is not measured by a medical standard of care but rather their liability was solely vicarious D. holding that individual defendants with supervisory control over plaintiff cannot be held personally liable under title vii E. holding supervisor personally liable for death of employee where supervisor personally arranged for employee to be dangled from the tines of a forklift over a vat of scalding water into which employee fell and died

assistant: The best answer is A. holding that a supervisor cannot be held personally liable for the unconstitutional conduct of a subordinate based on vicarious liability
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 are solely responsible for all of your communications and interactions with other users of the site and services and with other persons with whom you communicate or interact as a result of your use of the site or services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Loan Parties own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses and other intellectual property rights that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person, except to the extent that failure to do so would not reasonably be expected to result in a Material Adverse Effect. To the best knowledge of Borrower, no slogan or other advertising device, product, process, method, substance, part or other material now employed, or now contemplated to be employed, by any Loan Party infringes upon any rights held by any other Person, which, either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. No claim or litigation regarding any of the foregoing is pending or, to the best knowledge of Borrower, threatened, which, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of “Defendant’s practice of denying employees an impartial review of discipline actions and Plaintiffs independent acts of retaliation.” See Am. Compl. at ¶ 83. Mr. Black does not allege that his reassignment constitutes a demotion in rank or salary. Absent any allegation of demotion, Mr. Black’s claim of pure reputational damage fails as a matter of law because such claims are not protected by the due process clause. Coleman v. Napolitano, 65 F.Supp.3d 99, 107 (D.D.C.2014) (“[C]ourts have routinely rejected claims that a mere reassignment or change of duties, without a corresponding reduction in rank or pay, amounts to a divestment of a property interest.”) (citations omitted); see also New Vision Photography Program, Inc. v. District of Columbia, 54 F.Supp.3d 12, 31 (D.D.C.2014) (<HOLDING>). Beyond alleged reputational damage, the Options: A. holding that an attorneys negligence alone does not qualify for such relief B. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did C. holding that a period of paid leave does not qualify as a suspension D. holding that purely reputational damage does not qualify for dueprocess protection E. holding negligence on the part of the attorney does not qualify for such relief

assistant: The best answer is D. holding that purely reputational damage does not qualify for dueprocess protection
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 validity, construction, and effect of the Plan, any rules and regulations under the Plan, and any Award agreement shall be determined in accordance with the laws of the state of Delaware without giving effect to principles of conflicts of laws, and applicable federal law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Company nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors