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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the scope of ERISA jurisdiction and preemption, not in deciding when a § 1132(a)(1)(B) claim accrues. White, and the district courts mentioned above, erred in relying on Stevens as authoritative in determining the proper accrual date of § 1132(a)(1)(B) claims for the statute of limitations. But see Watkins, 570 Fed. Appx. at 460 (citing Stevens for the general proposition that § 1132(a)(1)(B) claims accrue upon formal denial of benefits, but nonetheless applying the discovery rule of Moni-son). In Morrison, we addressed accrual for the purposes of the statute of limitations in § 1132(a)(1)(B) claims for the first time, and adopted the '‘discovery rule.” 439 F.3d at 302-03. There we held that a § 1132(a)(1)(B) claim accrues upon "clear and unequivocal repudiation” of benefits. Id. (<HOLDING>). We reiterated this rule in Redmon v. Options: A. holding evidence including that insurer only charged life insurance premium that would ordinarily apply to onehalf the amount of coverage actually permitted by policy as written did not warrant retroactive reformation of policy to reduce coverage amount because it did not demonstrate mistake on insureds part and insurance company did not present evidence on what parties agreed to before the policy was issued B. holding that the plaintiffs deceased husbands benefits claim had been clearly repudiated by the plan sending him a refund check for his first premium payment and an accompanying letter denying his application to convert his portable life insurance coverage to a group policy C. holding that the appellant waived his claim on appeal because he failed to address that claim in either his application for a coa or his brief on appeal D. holding that the insured covered by a group insurance policy purchased through his employer was not entitled to continue receiving coverage for the treatment of his daughters illness after he terminated his employment E. holding widows claim that deceased husbands former employer and its life insurance carrier were negligent in their handling of husbands conversion of benefits was preempted by erisa finding the liability of the defendants is dependent upon the existence of the erisa plan and the interpretation of rights conferred by it

assistant: The best answer is B. holding that the plaintiffs deceased husbands benefits claim had been clearly repudiated by the plan sending him a refund check for his first premium payment and an accompanying letter denying his application to convert his portable life insurance coverage to a group policy
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 Administrative Agent shall be satisfied that Holdings, the Borrowers and their Subsidiaries and the Transactions shall be in full compliance with all material Applicable Law, including Regulations T, U and X of the Board, and shall have received satisfactory evidence of such compliance reasonably requested by them.

assistant: Applicable 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: At any time after the occurrence and during the continuance of an Event of Default, the Pledgor hereby authorizes the Borrower to (i) comply with any instructions received by it from the Collateral Agent in writing that (A) state that an Event of Default has occurred and is continuing and (B) are otherwise in accordance with the terms of this Agreement, without any other or further instructions from the Pledgor, and (ii) unless otherwise expressly permitted hereby, pay any distribution or other payments in respect of the Pledged Collateral directly to the Collateral Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications required or permitted to be given hereunder shall be sent to the party to whom it is to be given and be either delivered personally against receipt, by email or other wire transmission, by registered or certified mail (postage prepaid, return receipt requested) or deposited with an express courier (with confirmation) to the parties at the following addresses (or at such other address for a party as shall be specified by like notice): (i) if to the Company, to the address or e-mail address provided in the Merger Agreement, including to the persons designated therein to receive copies; and (ii) if to a Covered Stockholder, to such Covered Stockholder’s address or e-mail address shown opposite Covered Stockholder’s name on Schedule A hereof. In any action or proceeding between any of the parties arising out of or relating to this Agreement or any of the transactions contemplated by this Agreement, each of the parties agrees that service of process upon such party in any such action or proceeding shall be effective if notice is given in accordance with this Section 7(m).

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: in the event that deliveroo or the partner restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the meals you have paid for in your order .

assistant: Limitation of 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 case excerpt and choose the best holding from the options. Case excerpt: rezoning. JUDGMENT UPHOLDING COMPREHENSIVE REZONING AFFIRMED; TRIAL COURT’S JUDGMENT OTHERWISE VACATED AND CASE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION; COSTS TO BE PAID BY PRINCE GEORGE’S COUNTY. 1 . We do not identify the property because its identity is of little importance in our resolution of the issues. 2 . Unless the text indicates otherwise, we shall or "the functional equivalent” of a "practical ouster of [the owner's] possession” could constitute a constitutional taking. -U.S. at-, 112 S.Ct. at 2892 (brackets in original). 11 . The Supreme Court has found that a regulation resulted in an unconstitutional taking on only six occasions, beginning with Pennsylvania Coal, 260 U.S. 393, 43 S.Ct. 158. The cases include Lucas, — U.S. — , 112 S.Ct. 2886 (<HOLDING>); Loretto v. Teleprompter Manhattan CATV Corp., Options: A. recognizing categorical taking when regulation denies all economically beneficial or productive use of land B. holding that a regulation prohibiting a landowner from building houses on his beachfront property denied him all economically viable use of his land and therefore was a taking requiring compensation C. holding that the state is obligated to pay property owners when it regulates private property under its police power in such a manner that the regulation effectively deprives the owner of the economically viable use of that property D. holding that a zoning regulation which deprives property of all economically beneficial or productive use is a categorical regulatory taking E. holding that zoning ordinance can effect a regulatory taking if the ordinance does not substantially advance legitimate state interests or denies an owner all economically viable use of his land

assistant: The best answer is B. holding that a regulation prohibiting a landowner from building houses on his beachfront property denied him all economically viable use of his land and therefore was a taking requiring compensation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the application connects to computer systems over the internet , which may include via a wireless network , using the application operates as your consent to the transmission of standard device information ( including but not limited to technical information about your device , system , and application software , and peripherals ) for internet-based or wireless 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: Administrative Agent shall have received (i) executed counterparts of this Amendment from each of the Loan Parties and (ii) a Lender Addendum, executed and delivered by a duly authorized officer of each of the Additional Tranche B Term Loan Lenders and the Continuing Tranche B Term Loan Lenders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority or any third Person (including holders of its Equity Interests or any class of directors, managers or supervisors, as applicable, whether interested or disinterested, of any Borrower or any other Person), except such as have been obtained or made and are in full force and effect, (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents of the Company or any of its Material Subsidiaries or any order of any Governmental Authority, nor is any such consent, approval, registration, filing or other action necessary for the validity or enforceability of any Loan Document or the consummation of the Transactions, except such as have been obtained or made and are in full force and effect other than (i) the recording and filing of the Security Instruments as required by this Agreement and (ii) those third party approvals or consents which, if not made or obtained would not cause a Default hereunder, could not reasonably be expected to have a Material Adverse Effect or do not have an adverse effect on the enforceability of the Loan Documents, (c) will not violate or result in a default under the Existing Notes, any indenture pursuant to which any Existing Notes are issued, the Existing Credit Agreement or any other indenture, agreement or other instrument binding upon the Company or any of its Material Subsidiaries or its assets, or give rise to a right thereunder to require any payment to be made by the Company or any of its Material Subsidiaries, and (d) will not result in the creation or imposition of any Lien on any asset of the Company or any of its Material Subsidiaries.

assistant: No Conflicts
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: Other than as set forth in the Prospectus, the Company and its Subsidiaries carry, or are covered by, insurance in such amounts and covering such risks as is prudent, reasonable and customary for companies engaged in similar businesses in similar industries; neither the Company nor its Subsidiaries has received notice from any insurer or agent of such insurer that substantial capital improvements or other expenditures will have to be made in order to continue such insurance; all such insurance is outstanding and in full force and effect and neither the Company nor the Subsidiaries has received any notice of cancellation or proposed cancellation relating to such insurance.

assistant: Insurances
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: behavior of which they were aware); Gallo v. Wonderly Co., Inc., 2014 WL 36628, *8 (N.D.N.Y.2014) (a person may be liable under § 296 for taking no action to remedy discriminatory behavior); Lewis v. Triborough Bridge and Tunnel Autk, 77 F.Supp.2d 376, 384 (S.D.N.Y.1999) (“the case law establishes beyond cavil that a supervisor’s failure to take adequate remedial measures can rise to the level of ‘actual participation’ under HRL § 296(6)”) accord Cid v. ASA Institute of Business & Computer Technology, Inc., 2013 WL 1193056, *6 (E.D.N.Y.2013) (failure to investigate complaints of discrimination provides sufficient basis for aiding and abetting liability under New York City Human Rights law) (citations omitted); cf. Morgan v. NYS Atty. Gen. ’s Office, 2013 WL 491525, *13 (S.D.N.Y.2013) (<HOLDING>). Defendant also argues that his alleged Options: A. recognizing that in this circuit a plaintiff may plead a theory of aiding and abetting liability under the ats B. holding that plaintiff failed to state a claim for conspiracy pursuant to 1985 for failure to allege a meeting of the minds C. recognizing aiding and abetting conversion D. holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position E. recognizing that the failure to investigate could constitute aid and abetting liability but finding this plaintiff failed to allege that he ever brought the discriminatory conduct to his superiors

assistant: The best answer is E. recognizing that the failure to investigate could constitute aid and abetting liability but finding this plaintiff failed to allege that he ever brought the discriminatory conduct to his superiors
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: must run while defendant is incarcerated for parole violation); cf. N.Y. Exec. Law § 259-i(3)(x)(D) (stating that harshest penalty for violating post-release supervision served after determinate prison sentence is “reincarceration up to the balance of the remaining period of post-release supervision, not to exceed five years”). In these circumstances, there is no denying that Bussey’s 22-month term of incarceration was served “in connection with” his conviction for a state crime. See Kamagate v. Ashcroft, 385 F.3d 144, 154 (2d Cir.2004) (stating that “in connection with” is expansive term synonymous with “relating to,” “associated with,” “with respect to,” and “with reference to” (internal quotation marks omitted)); see also United States v. Jackson, 426 F.3d 301, 304-05 (5th Cir.2005) (<HOLDING>). United States v. Garcia-Rodriguez, 640 F.3d Options: A. holding that work release qualified as incarceration B. holding that the parole commission is required to state reasons for its finding that an inmate continues to be a poor candidate for parole release C. holding that habeas petition challenging the state boards decision to defer his scheduled parole release date was rendered moot by prisoners release from custody on parole and subsequent incarceration for violating his parole D. holding federal supervision tolled under 3624e during state incarceration for parole violation E. holding a sentence is not limited to period of incarceration

assistant: The best answer is D. holding federal supervision tolled under 3624e during state incarceration for parole violation
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: “flat” characters and not to complex, three-dimensional characters such as Sherlock Holmes and Dr. Watson. (R. 28, Conan Doyle’s Mem. at 8-10.) Conan Doyle fails to offer a bright line rule or workable legal standard for determining when characters are sufficiently developed to warrant copyright protection through an entire series, nor does it provide any case law that supports its position. Conan Doyle’s proposed distinction runs counter to prevailing case law. See Siegel v. Warner Bros. Entm’t Inc., 690 F.Supp.2d 1048, 1058-59 (C.D.Cal.2009) (“[T]he copyrightable aspects of a character ... are protected only to the extent the work in which that particular aspect of the character was first delineated remains protected.”); see also Gaiman v. McFarlane, 360 F.3d 644, 660 (7th Cir.2004) (<HOLDING>). The effect of adopting Conan Doyle’s position Options: A. holding that campaign money laundering was in furtherance of political speech but an invalid exercise of free speech rights because it was illegal B. holding that once a comic book character was drawn named and given speech it was sufficiently distinctive to be copyrightable C. recognizing that code is speech D. holding that after a class is certified the controversy may exist between a named defendant and a member of the class represented by the named plaintiff even though the claim of the named plaintiff has become moot E. holding that exact same speech at issue in keimer the book cover flyleaf and introduction to the book which stated a fact made by the authors in the book itself was not commercial speech because it states a fact made by the authors in the text it is not about the book as a product

assistant: The best answer is B. holding that once a comic book character was drawn named and given speech it was sufficiently distinctive to be copyrightable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: please note that all software , including , without limitation , all html , xml , java code and active x controls contained on this website , is owned by tripadvisor and/or its affiliates , and is protected by copyright laws and international treaty provisions .

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: All non-delinquent real estate taxes, personal property taxes and current installments of assessments affecting the Property which are payable by Seller shall be prorated as of the Close of Escrow based on the actual current tax bill, or if such tax bill is not available, the latest available tax information for the tax year in which the Closing occurs (“ Current Tax Year ”) (with Seller and Buyer each being responsible for a pro rata share of such taxes and assessments based upon the number of days in the Current Tax Year occurring before the Closing Date, in the case of Seller, and on and after the Closing Date, in the case of Buyer); provided, however, Seller shall not be liable for any supplemental or escape taxes or assessments arising from the transfer of the Property pursuant to this Agreement or any other events triggering reassessment occurring on or after the Close of Escrow. All delinquent taxes and assessments, if any, affecting the Property which are payable by Seller shall be paid at the Close of Escrow from funds accruing to Seller. Any refunds of real estate taxes and assessments attributable to the period prior to the Close of Escrow shall, subject to the rights of tenants, be paid to Seller upon receipt, whether such receipt occurs before or after the Close of Escrow.

assistant: Taxes
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: him, and likewise did not list himself as a party on appeal in his client’s notice. Moreover, Jones's brief in this action was filed on January 11, 2006, which was over two months after the final judgment was entered and well after the deadline for filing a notice of appeal had expired. See Fed. R.App. P. 4(a)(1)(A). Accordingly, we DISMISS the appeal as to the entry of sanctions. 2 . Jones was terminated in May 2003, but did not file a claim with the EEOC until July 2004, which was well after expiration of the 180-day limitation period enumerated in Title VII. See 42 U.S.C. § 2005e-5(e)(l); 42 U.S.C. § 12117(a). And he made no argument in favor of equitable tolling of the limitation period. Cf. Forehand v. Fla. State Hosp. at Chattahoochee, 89 F.3d 1562, 1570 n. 17 (11th Cir.1996) Options: A. holding that the timely filing of a discrimination charge with the eeoc is not a jurisdictional prerequisite but a requirement that like a statute of limitations is subject to waiver estoppel and equitable tolling B. holding that the filing deadline under title vii is not a jurisdictional prerequisite to suit in federal court but a requirement that like a statute of limitations is subject to waiver estoppel and equitable tolling C. holding that the timely filing of a discrimination charge with the equal employment opportunity commission is a requirement like a statute of limitations that is subject to waiver estoppel and equitable tolling D. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling E. holding that the timely filing of an eeoc charge is subject to waiver estoppel and equitable tolling

assistant: The best answer is E. holding that the timely filing of an eeoc charge is subject to waiver estoppel and equitable tolling
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: legal conclusions is de novo, but we defer to the BIA’s reasonable interpretations of the INA. Patel, 432 F.3d at 692 (citing INS v. Aguirre-Aguirre, 526 U.S. 415, 424-25, 119 S.Ct. 1439, 143 L.Ed.2d 590 (1999)). What the petitioner is seeking in this appeal is for the adjustment of his status as though he had never departed from the United States after his initial entry. He claims that the BIA erred in determining it had no authority to grant his application for adjustment of status nunc pro tunc. Petitioner asserts that he is entitled to nunc pro tunc relief because (1) agency error in the form of a misplaced file meant he could not timely secure a joint motion to reopen removal proceedings, and (2) the 2008 case of Dada v. Mukasey, 554 U.S. 1, 128 S.Ct. 2307, 171 L.Ed.2d 178 (2008) (<HOLDING>) demonstrates that it was the Agency’s Options: A. holding that bia did not err in denying motion to reopen that was filed after expiration of aliens voluntary departure period because alien had failed to depart B. holding the respondent implicitly exercised his right to withdraw his voluntary departure request and instead elected to remain to pursue his motion C. holding the bia did not err in denying aliens motion to stay voluntary departure period pending determination on the motion to reopen D. holding respondents motion to reopen and her decision to remain while it was adjudicated reflects an election to pursue the underlying application for relief rather than voluntary departure E. holding that aliens must be permitted to unilaterally withdraw voluntary departure requests in order to pursue motions to reopen

assistant: The best answer is E. holding that aliens must be permitted to unilaterally withdraw voluntary departure requests in order to pursue motions to reopen
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: judgment or order while an appeal of that particular judgment or order is pending before the appellate court, nor may a trial court initiate proceedings that require a ruling on the exact matter being appealed. (Citation omitted; emphasis in original.) Id. at 448 (1). And because the pending appeal in Brown addressed only the validity of the first, quashed indictment, we held that the issuance of a separate, second indictment “had no effect on the issue of whether the First Indictment was valid, and the trial court thus had jurisdiction to consider the Second Indictment.” Id. at 449 (1). Consequently, we found the trial court properly denied the defendant’s motion to quash on jurisdictional grounds. Id. at 447 (1). See also Roberts v. State, 279 Ga. App. 434, 435 (631 SE2d 480) (2006) (<HOLDING>). Decided November 5, 2013 Kenneth W. Mauldin, Options: A. holding that a second motion to reconsider served within ten days of the denial of the first motion does not extend the time period for filing a notice of appeal from the underlying judgment B. holding that appeal from denial of rule 60b motion raised for review only the district courts order of denial and not the underlying judgment itself C. holding state had ability to bring a second indictment against defendant although appeal pending on denial of defendants motion for acquittal D. holding that similar agreement allowed the defendant to appeal the denial of his motion to suppress E. holding that denial of motion for summary judgment is interlocutory even though trial judge had stated that there was no just reason for delay because denial of motion for summary judgment was not a final determination of defendants rights and the appeal did not affect defendants substantial rights

assistant: The best answer is C. holding state had ability to bring a second indictment against defendant although appeal pending on denial of defendants motion for acquittal
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: solely under state law.” United States v. Cormier, 220 F.3d 1103, 1111 (9th Cir.2000). We have extended this principle to the context of tribal law, holding that the admissibility of evidence in federal court is determined without regard to tribal law. Male Juvenile, 280 F.3d at 1023 (“[W]e reject the contention that tribal law should govern the admissibility of statements in federal court. Federal law governs federal proceedings.”); see also United States v. Hornbeck, 118 F.3d 615, 617 (8th Cir.1997) (“Federal, not tribal or state, law governs the admissibility of evidence” in the district court). For many years, we left unresolved the question whether state or federal law governed the reasonableness of seizures, see, e.g., United States v. Clawson, 831 F.2d 909, 913 (9th Cir.1987) (<HOLDING>); United States v. Contreras-Diaz, 575 F.2d Options: A. holding that the stop of a car was permissible regardless of whether state or federal law applied B. holding that an officer making a traffic stop may order passengers to exit the car pending completion of the stop C. holding that state court with jurisdiction over 301 claim should have applied federal labor law rather than state contract law D. holding that ejxcept in matters governed by the federal constitution or by acts of congress the law to be applied in any case is the law of the state E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is A. holding that the stop of a car was permissible regardless of whether state or federal law applied
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: under ERISA section 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B). This decision, however, did not decide whether one must exhaust administrative remedies when bringing an action to assert rights granted by the federal statute, rather than enforcing terms of a plan. 29 U.S.C. § 1132(a)(3); ERISA § 502(a)(3). The other Circuits that have addressed this issue are split. Kross v. Western Electric Co., 701 F.2d 1238 (7th Cir.1983) (affirming district court decision requiring Plaintiff to exhaust administrative remedies); Mason v. Continental Group, Inc., 763 F.2d 1219 (11th Cir. 1985) cert. denied 474 U.S. 1087, 106 S.Ct. 863, 88 L.Ed.2d 902 (1986) (requiring exhaustion for claims grounded in statutory provisions of ERISA); but see Zipf v. American Tel. and Tel. Co., 799 F.2d 889 (3d Cir.1986) (<HOLDING>); Amaro v. Continental Can Co., 724 F.2d 747 Options: A. holding that our courts are bound by the united states supreme courts interpretation of the federal constitution B. holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it C. holding that section 510 of erisa mandates interpretation of the statute and should be done by federal courts D. holding erisa plan interpretation is simply one of contract interpretation E. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans

assistant: The best answer is C. holding that section 510 of erisa mandates interpretation of the statute and should be done by federal courts
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 create a non-statutory category of private-school students and thereby err in awarding temporary services? The following is the section of the opinion in which the district court allegedly created a new category for reimbursement: Therefore, a student, like Kelsey, who was enrolled in the Winston School for her senior year as a result of a settlement agreement and IEP, developed by a local school district, should at a minimum receive the rights provided to students who were unilaterally placed in private school by her parent. 34 C.F.R. § 300.132, 34 C.F.R. § 300.148(a). Under IDEA, Kelsey should be given greater rights than a parentally placed student in private school Sam K. [ex rel. Diane C. v. State of Hawaii Dep’t of Educ., 788 F.3d 1033, 1039-40 (9th Cir. 2015) ] (<HOLDING>). Therefore, at a minimum, DISD was obligated Options: A. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours B. holding the tlo standard governs school searches when school resource officers who although employed by the local police department are primarily responsible to the school district are acting in conjunction with school officials C. holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement D. holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver E. holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea

assistant: The best answer is C. holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement
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: vivino shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond vivino 's reasonable control , including , without limitation , mechanical , electronic or communications failure or degradation ( including `` line-noise '' interference ) .

assistant: Limitation of 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 legal provision and list the applicable contract clause categories. Provision: The Company and each of its Subsidiaries are, and since January 1, 2015 have been, in compliance with and not in default under or in violation of any Law, except as where such non-compliance would not, individually or in the aggregate, reasonably be expected to materially and adversely affect the Company’s business, financial condition or results of operations or the Company’s ability to perform its obligations under this Agreement. Within the past three years, neither the Company nor any of its Subsidiaries have received any notice or other communication from any Governmental Entity regarding any actual or possible violation of, or failure to comply with, any Law, except as would not, individually or in the aggregate, reasonably be expected to materially and adversely affect the Company’s business, financial condition or results of operations or the Company’s ability to perform its obligations under this Agreement.

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: From time to time, at the request of the Company and without further consideration, the Stockholder shall take such further action as may reasonably be deemed by the Company to be necessary or desirable to consummate and make effective the transactions contemplated by this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: argument, however, ignores two important limitations to the shield: (1) the shield is removed if the individual’s personal interests motivate his actions, see Rice, 38 F.3d at 912; and (2) the shield generally does not apply when the individual’s actions are discretionary. See Brujis v. Shaw, 876 F.Supp. 975, 978 (N.D.Ill.1995). As noted, the fiduciary shield denies personal jurisdiction if the individual’s actions were “solely on behalf of his employer.” Rice, 38 F.3d at 912. If the individual “was acting also on his own behalf—to serve his personal interests,” the shield does not apply. Id. (emphasis added). The personal interests need not be pecuniary—they may be dislike or malice towards the plaintiff. See id.; Roy v. Austin Co., 1994 U.S. Dist. LEXIS 16254 at *6-7 (N.D.Ill.1994) (<HOLDING>). However, a defendant who dislikes or acts Options: A. holding that injury to business or property was not limited to commercial interests B. holding on a motion to dismiss that plaintiffs allegation that defendants actions were without justification based on the legitimate business interests of the employer and were performed maliciously was sufficient to prove actions taken to serve personal interests C. holding that the defendants had received sufficient notice where the original defendants and the newly added defendants shared an identity of interests and were represented by attorneys who were involved in the litigation from its inception D. holding that both inmates and pretrial detainees can be visually strip searched in the interests of significant and legitimate security interests E. holding that a determination of the reasonableness of the defendants actions based upon the economic crisis involving the retirement system was premature on a motion to dismiss

assistant: The best answer is B. holding on a motion to dismiss that plaintiffs allegation that defendants actions were without justification based on the legitimate business interests of the employer and were performed maliciously was sufficient to prove actions taken to serve personal interests
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: violation of a prisoner’s constitutional rights. This Court reached that conclusion in Ruffins and that analysis applies fully to this case. See Ruffins, 701 F.Supp.2d at 404-08. This Court’s determination that defendants are entitled to qualified immunity for conduct that occurred post-Earley and before the Sparber and Gamer cases in April 2008 is consistent with numerous other courts in this Circuit who have reached the same conclusion. See Locantore v. Hunt, 775 F.Supp.2d 680, 687 (S.D.N.Y.2011) (“the overwhelming consensus within the Second Circuit is that the protection of qualified immunity applied until April 2008, when the New York Court of Appeals resolved a split among the lower state courts and invalidated the administrative , 2010 WL 5376204, at *9 (S.D.N.Y. Dec. 29, 2010) (<HOLDING>); Smith v. Paterson, No. 08 Civ. 3313(SHS), Options: A. holding that private defendants were not entitled to qualified immunity but remanding for a determination of whether they were liable as government actors B. holding officials are entitled to qualified immunity for reasonable mistakes of law C. holding that defendants are not entitled to qualified immunity D. holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity E. holding that defendants are entitled to qualified immunity for any actions they may have taken to enforce plaintiffs prs following earley but prior to the new york court of appeals decisions in garner and sparber

assistant: The best answer is E. holding that defendants are entitled to qualified immunity for any actions they may have taken to enforce plaintiffs prs following earley but prior to the new york court of appeals decisions in garner and sparber
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: Union Co., and so defendant may be correct that we must overrule McMillan in light of Southern Union Co. Whatever the ultimate outcome, there is a reasonable dispute about whether the Sixth Amendment requires jury factfinding under Oregon’s restitution scheme. Accordingly, any error is not apparent, and we will not reverse the trial court on this point. Defendant next argues that Article I, section 17, requires jury determination of the facts underlying restitution. Under Article I, section 17, “[i]n all civil cases the right of Trial by Jury shall remain inviolate.” Defendant again concedes that precedent is against her, recognizing that Oregon courts have consistently held that Article I, section 17, does not apply to the determination of restitution. E.g., Hart, 299 Or at 139 (<HOLDING>); State v. N. R. L., 249 Or App 321, 332, 277 Options: A. holding that youth in juvenile delinquency proceeding was not entitled to a jury trial on the issue of restitution under ors 419c450 B. holding that plaintiff in erisa action was entitled to restitution under similar circumstances C. holding that criminal defendant was not entitled to a jury trial on the issue of restitution under ors 137106 D. holding that criminal defendant was not entitled to a jury trial on the issue of restitution under the oregon vehicle code E. holding that the trial court lacked authority under ors 137103 to impose restitution to pay the victims relatives for lost wages

assistant: The best answer is C. holding that criminal defendant was not entitled to a jury trial on the issue of restitution under ors 137106
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 chief executive officer, or in the absence of the chief executive officer, president or such vice president as may be designated by the chief executive officer, shall preside at all meetings of the shareholders. If all are absent, any other officer designated by the Board shall preside. If no officer so designated is present, the shareholders present in person or represented by proxy may elect one of their number to preside. The secretary shall act as secretary at all meetings of the shareholders; but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. The person presiding at the meeting shall have the right and authority to convene and (for any or no reason) to recess and/or adjourn the meeting and to prescribe such rules, regulations and procedures and to do all such acts and things as are necessary or desirable for the proper conduct of the meeting, including, without limitation, the establishment of an agenda or order of business for the meeting, establishment of procedures for the maintenance of order and safety, limitations on the time allotted to questions or comments on the affairs of the Corporation, restrictions on entry to such meeting after the time prescribed for the commencement thereof and the opening and closing of the voting polls.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan and Trust shall be construed in accordance with the provisions of ERISA and other applicable federal laws. To the extent not inconsistent with such laws, this Plan shall be construed in accordance with the laws of California.

assistant: Applicable 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 Pledgor will upon demand pay the Pledgee for any sums, costs and expenses which the Pledgee may pay or incur pursuant to the provisions of this Agreement or in defending, protecting or enforcing this Agreement or the security interest granted herein or in enforcing payment of the Obligations or otherwise in connection with the provisions hereof, including but not limited to court costs, collection charges and reasonable attorneys’ fees, all of which, together with interest thereon shall be part of the Obligations and be payable on demand.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 97, 470 F.2d, 542 (1972) for the proposition that “[a] contract requirement for the benefit of a party becomes dead if that party knowingly fails to exact its performance, over such an extended period, that the other side reasonably believes the requirement to be dead.” Id. at 554. Gresham is distinguishable from the facts in the present case. The court in Gresham agreed with plaintiffs waiver argument because the facts showed that defendant had waived a specific requirement in thirty-six contracts with the same party. Id. at 555. Here, HCFA’s single act of waiving its right to establish final indirect cost rates in the 34 contract does not extend to the government’s remaining contracts with Data. See Doyle Shirt Mfg. Corp. v. United States, 199 Ct.Cl. 150, 154, 462 F.2d 1150 (1972) (<HOLDING>); Int’l Res. Recovery, Inc. v. United States, Options: A. holding that the government was not bound by its waivers in three prior contracts B. holding that agency is bound by its regulations C. holding appellate waivers are enforceable if invoked by the government D. holding that a panel of this court is bound by a holding of a prior panel but is not bound by a prior panels dicta E. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous

assistant: The best answer is A. holding that the government was not bound by its waivers in three prior contracts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is more than the predictable use of prior art elements according to their established functions.’ ” Id. (quoting KSR, 550 U.S. at 417, 127 S.Ct. 1727.); see also Barr Labs., 575 F.3d at 1347-48. Thus, KSR marks a departure from, or, at least, a clarification of, prior precedent regarding obviousness. The Supreme Court’s endorsement of the “obvious to try” doctrine is illustrative of the overall effect of KSR, which was to broaden and strengthen the nonobviousness requirement of patentability. d. The Relative Importance of Secondary Considerations To complete the Graham analysis, the Court must evaluate secondary considerations, also known as “objective evidence of nonobviousness.” Graham, 383 U.S. at 17-18, 86 S.Ct. 684; Ruiz v. A.B. Chance Co., 234 F.3d 654, 667 (Fed.Cir.2000) (<HOLDING>). That is, after examining .the prior art, Options: A. holding that the district court erred in failing to properly charge the jury on defendants affirmative defenses B. holding that district court erred in failing to consider evidence of secondary considerations C. holding that district court erred in dismissing the indictment based on sufficiency of evidence D. holding that the district court erred in failing to consider all of the employers proffered evidence of legitimate business reasons for the plaintiffs termination E. holding that the district court erred when it failed to consider the presumption of irreparable harm

assistant: The best answer is B. holding that district court erred in failing to consider evidence of secondary considerations
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 400 U.S. 17 91 S.Ct. 122 27 L.Ed.2d 117 John THOMPSONv.UNITED STATES. No. 5272. Supreme Court of the United States October 26, 1970 On Petition for Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States District Court for the Eastern District of Louisiana for consideration of the request contained in the memorandum filed in this Court by the Solicitor General. 2 Mr. Justice BLACK, with whom Mr. Justice DOUGLAS joins, would grant certiorari and reverse the decision below for the reasons stated in his dissenting opinions in Abbate v. United States, 359 U.S. 187, 201, 79 S.Ct. 666, 3 L.Ed.2d 729 (1959), and Bartkus v. Illinois, 359 U.S. 121, 150, 79 S.Ct. 676, 3 L.Ed.2d 684 (1959).

assistant: 1