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: and strict liability failure to warn, it also recognizes the “sophisticated user” or “learned intermediary” doctrines which relieve a manufacturer of the duty to warn where there is a sophisticated user or learned intermedi ary with knowledge of the hazard. See Felix v. Hoffmann-LaRoche, Inc., 540 So.2d 102, 105 (Fla.1989) (approving appellate court opinion affirming summary judgment for drug manufacturer in suit by patient where prescribing physician was a learned intermediary; holding as a matter of law that inadequate warning could not have been proximate cause of injury because doctor was aware of danger, thus manufacturer could not be penalized for doctor’s failure to convey the danger to the patient); Edward M. Chadbourne, Inc. v. Vaughn, 491 So.2d 551, 552-54 (Fla.1986) (<HOLDING>); Talquin Electric Co-op., Inc. v. Amchem Options: A. holding that contractor owed general negligence duty to thirdparty by dangerous condition contractor created on road B. holding that plaintiff had no claim under fmla because she had suffered no diminution in income and incurred no costs as a result of alleged violation C. holding claim for injuries arising out of use of truck and not from negligent supervision excluded from coverage by auto exclusion in commercial general liability policy no claim that language in policy was ambiguous or unclear D. holding that road contractor had no liability for injuries suffered by auto accident victim as a matter of law where fdot had responsibility for testing examining maintaining and repairing the roadway and was a highly knowledgeable and sophisticated purchaser E. holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee

assistant: The best answer is D. holding that road contractor had no liability for injuries suffered by auto accident victim as a matter of law where fdot had responsibility for testing examining maintaining and repairing the roadway and was a highly knowledgeable and sophisticated purchaser
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in Section 4.1 , neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned, in whole or in part, by operation of law or otherwise, by any of the parties hereto without the prior written consent of the other party hereto; provided , however , that the Investor may provide any such consent on behalf of the Stockholders; provided , further , that if the Company consolidates or merges with or into any Person and the Common Stock or any other Registrable Securities are, in whole or in part, converted into or exchanged for securities of a different issuer, and any Stockholder would, upon completion of such merger or consolidation, hold Registrable Securities of such issuer, then as a condition to such transaction the Company will cause such issuer to assume all of the Company’s rights and obligations under this Agreement in a written instrument delivered to the Stockholders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller and Purchaser each hereby waives any right to jury trial in the event any party files an action relating to this Agreement or to the transactions or obligations contemplated hereunder. The provisions of this Section 27 shall survive Closing and any termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Release may be amended, superseded, canceled, renewed or extended, and the terms hereof may be waived, only by a written instrument signed by Executive and the Company or, in the case of a waiver, by the Party waiving compliance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any of the conflicts of law principles which would result in the application of the substantive law of another jurisdiction. This Note shall not be interpreted or construed with any presumption against the party causing this Note to be drafted.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: counsel to inform Jones, in writing, of his right to petition the Supreme Court of the United States for further review. If Jones requests that a petition be filed but counsel believes such a petition would be frivolous, counsel may move in this Court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Jones. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this Court and argument would not aid in the decisional process. AFFIRMED. * Jones was initially sentenced to 124 months’ imprisonment. On appeal, the parties filed a joint motion to remand this case in light of this court's decision in United States v. Simmons, 649 F.3d 237, 241-49 (4th Cir.2011) (en banc) (<HOLDING>). By order entered on November 28, 2011, we Options: A. holding that to determine whether a north carolina conviction for a crime is punishable by a prison term exceeding one year a court is to consider the maximum aggravated sentence that could be imposed for that crime upon a defendant with the worst possible criminal history internal quotation marks and emphasis omitted B. holding that where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation C. holding that a north carolina offense may not be classified as a felony based on the maximum aggravated sentence that could be imposed upon a repeat offender if the individual defendant was not eligible for such a sentence D. holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines E. holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings

assistant: The best answer is C. holding that a north carolina offense may not be classified as a felony based on the maximum aggravated sentence that could be imposed upon a repeat offender if the individual defendant was not eligible for such a sentence
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: Whenever notice is required to be given under this Warrant, unless otherwise provided herein, such notice shall be given in accordance with the information set forth in the Warrant Register.The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Warrant, including, in reasonable detail, a description of such action and the reason or reasons therefore.Without limiting the generality of the foregoing, the Company will give written notice to the Holder (a) following any adjustment of the Exercise Price or Warrant Shares issuable upon exercise hereof, setting forth in reasonable detail, and certifying, the calculation of such adjustment and (b) at least 20 days prior to the record date (i) with respect to any dividend or distribution upon the shares of Common Stock, (ii) with respect to any grants, issuances or sales of any Options, Convertible Securities, or rights to purchase stock, warrants, securities or other property pro rata to the record holders of any class of shares of Common Stock or (iii) for determining rights to vote with respect to any Fundamental Transaction, dissolution or liquidation; provided , that in each case, such information shall be made known to the public prior to or within three Trading Days of such notice being provided to the 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 legal provision and list the applicable contract clause categories. Provision: This Agreement is governed by the laws of the State of Washington that apply to contracts executed and to be performed entirely within the State of Washington without giving effect to the rules governing the conflicts of laws, and without the aid of any canon, custom, or rule of law requiring construction against the drafter, and regardless of whether a party changes domicile or residence.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by reference the Condominium Documents, and indicates that these Documents would be provided to Venezia at some indeterminate point after execution of the Purchase Agreement. (See Purchase Agreement at 1 (“DEVELOPER WILL FURNISH [Condominium Documents] TO BUYER.” (emphasis in original).) In other words, the terms of the Purchase Agreement provided either the same period or a longer period of time within which Venezia had the opportunity and ability to cancel the Agreement without cause, which again obviates his cause of action based on the failure of the Purchase Agreement to include language that precisely mirrored the language set forth in the statute. Cf. Werdmuller Von Elgg v. Carlyle Developers, Inc., No. 09-cv-132-Orl-31 KRS, 2009 WL 961144, at *2 (M.D.Fla. April 7, 2009) (<HOLDING>). Venezia’s response does not even address Options: A. holding that the plaintiffs failed to state a claim for violation of 15 usc 1703b where their purchase contract gave notice that they had a right to cancel the agreement by giving notice to the seller until midnight of the fifteenth day following the signing of the contract B. holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract C. holding that contract for purchase of real property terminated by its own terms upon buyers giving of a certain notice and that therefore the contract was no longer valid and enforceable D. holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur E. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made

assistant: The best answer is A. holding that the plaintiffs failed to state a claim for violation of 15 usc 1703b where their purchase contract gave notice that they had a right to cancel the agreement by giving notice to the seller until midnight of the fifteenth day following the signing of the contract
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 have received evidence that all boards of directors, governmental, shareholder and material third party consents and approvals necessary in connection with the entering into of this Agreement have been obtained, other than any filings or recordings to be made by the Administrative Agent with respect to Liens.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall constitute the sole and entire agreement between the parties with respect to the subject matter hereof, and supersedes and cancels all prior, concurrent and/or contemporaneous arrangements, understandings, promises, offers, agreements and/or discussions, including, but not limited to, those concerning employment agreements and/or severance benefits, whether written or oral, by or between the parties, regarding the subject matter hereof; provided, however, that this Agreement is not intended to, and shall not, supersede, affect, limit, modify or terminate any written agreement or arrangement between Executive and the Company that does not relate to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: one of ADVA’s statutory duties is to assist veterans in presenting and pursuing claims against the United States for veteran’s benefits arising under laws of the United States or of Alabama if that veteran has given ADVA a power of attorney. Ala. Code § 31—5—4; see also Ala. Admin. Code r. 920-X-3-.01. But, an allegation that ADVA made an improper misrepresentation amounts to a negligence or legal malpractice claim, just as an allegation of improper medical care would amount to a medical malpractice claim. And, “[a] malpractice [claim] will not lie under [Section] 1983” because it is a claim arising under state common law—not a constitutional violation. Bass v. Sullivan, 550 F.2d 229, 232 (5th Cir.1977); see also Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>). Accordingly, any malpractice claim alleged Options: A. holding that plaintiffs claim that medical providers did not comply with baker act was not subject to medical malpractice statutes ajlthough a medical diagnosis is necessary in order to involuntarily commit a patient the process of complying with the statute does not require medical skill or judgment B. recognizing that prison officials should defer to medical professionals on medical matters C. holding the provisions of a comprehensive medical malpractice act unconstitutional D. holding that the ada does not create a remedy for medical malpractice E. recognizing that even when a prisoner files suit under section 1983 alleging medical malpractice against prison medical officials medical malpractice does not become a constitutional violation merely because the victim is a prisoner

assistant: The best answer is E. recognizing that even when a prisoner files suit under section 1983 alleging medical malpractice against prison medical officials medical malpractice does not become a constitutional violation merely because the victim is a prisoner
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: taught in the annex, were purchased from a source outside the State of Minnesota four times each year. Furthermore, the annex received natural gas from a source outside the State of Minnesota. We conclude that the Church school’s use of materials purchased in interstate commerce, coupled with its use of natural gas from an out-of-state source, satisfy the jurisdictional element of section 844(i). See Hicks, 106 F.3d at 189-90 (supply of gas to private homes is a major interstate activity); United States v. Ramey, 24 F.3d 602, 607 (4th Cir.1994), cert. denied, 514 U.S. 1103, 115 S.Ct. 1838, 131 L.Ed.2d 757 (1995) (trailer’s receipt of interstate utilities sufficient to satisfy 844(i)’s jurisdictional requirement); see also United States v. Milton, 966 F.Supp. 1038, 1041 (D.Kan.1997) (<HOLDING>). Congress clearly intended for the statute to Options: A. holding that this time requirement is mandatory and jurisdictional B. holding that the ftcas exhaustion requirement is jurisdictional C. recognizing that issue exhaustion is a mandatory although not jurisdictional requirement D. holding that section 890041 is not a jurisdictional requirement rather a requirement to maintain suit E. recognizing that churches satisfy the jurisdictional requirement of 844i

assistant: The best answer is E. recognizing that churches satisfy the jurisdictional requirement of 844i
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from the airplanes. In short, the evidence was sufficient to convict Schier of violating § 46314(a), as charged in the indictment. 4 . We reject Schier's challenge to the district court's finding that Special Agent Gardner was credible. Special Agent Gardner testified that Schier told him that she discovered the icepick in her purse prior to boarding the plane, while having breakfast with her husband, and that she decided to leave it in her purse because it was a collector's item. Prior to trial, Schier conceded she was an antiques collector. On this record, we cannot conclude that Gardner's testimony is unbelievable on its face, and thus we will not disturb the district judge's credibility finding on that point. Cf. United States v. Calderon, 127 F.3d 1314, 1325 (11th Cir.1997) (<HOLDING>). 5 . Although counsel indicated, during Options: A. holding that a witnesss testimony is incredible as a matter of law if the witness testifies as to facts that the witness could not have possibly observed or events that could not have occurred under the laws of nature B. holding that it is not C. holding that testi mony is incredible as a matter of law when it is unbelievable on its face and relates to facts that the witness physically could not have possibly observed or events that could not have occurred under the laws of nature internal quotations and brackets omitted D. holding that a court is not bound to accept testimony at face value even when it is uncontroverted if it is improbable unreasonable or questionable internal citation omitted E. holding as a matter of law that the plaintiff could not recover for libel to his person for the reason that the articles referred to no person who could possibly be identified as him

assistant: The best answer is C. holding that testi mony is incredible as a matter of law when it is unbelievable on its face and relates to facts that the witness physically could not have possibly observed or events that could not have occurred under the laws of nature internal quotations and brackets omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the headquarters of Company, without regard to any conflict-of-laws principles. Company and Employee hereby consent to personal jurisdiction before all courts in the County of Company's headquarters, and hereby acknowledge and agree that a court in the county of Company’s headquarters is and shall be the most proper forum to bring a complaint before a court of law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the knowledge of the officers and directors of the Company and its Affiliates, the Company and its Affiliates and their respective directors, officers, employees, and agents are conducting their business in compliance with Anti-Corruption Laws in all material respects and have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws. To the knowledge of the Company’s officers and directors, neither the Company nor its Affiliates nor their respective directors, officers, employees, agents or representatives acting or benefiting in any capacity in connection with this Agreement: (a) is a Designated Person; (b) is a Person that is owned or controlled by a Designated Person; (c) is located, organized or resident in a Sanctioned Country; or (d) is directly or indirectly engaged in, any dealings or transactions in violation of any Sanctions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: plaintiff asserts a cause of action pursuant to § 368-d of the New York General Business Law. That statute provides: Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive relief in cases of infringement of a mark registered or not registered or in cases of unfair competition, notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods. N.Y.Gen.Bus.Law. § 368-d (McKinney 1984). This statute applies “only [to] those trade names which are truly of distinctive quality or which have acquired a secondary meaning in the mind of the public”. Bristol-Myers, 973 F.2d at 1049 (citations omitted); see also W.W.W. Pharmaceutical Co., 984 F.2d at 576-77 (<HOLDING>). Moreover, in interpreting this statute, the Options: A. holding that in determining distinctiveness it is the association of the mark with a particular source by the ultimate consumers which is to be measurednot applicants intent in adopting the mark B. holding elements of rescission are 1 C. holding elements of attempted monopolization claim under 2 of sherman act are intent anticompetitive conduct and dangerous probability of success in a relevant market D. holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original E. holding that there are three elements to a dilution claim 1 a distinctive mark 2 likelihood of dilution and 3 predatory intent

assistant: The best answer is E. holding that there are three elements to a dilution claim 1 a distinctive mark 2 likelihood of dilution and 3 predatory 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 legal provision and list the applicable contract clause categories. Provision: Service under this Agreement shall commence as of April 1, 2017, and shall continue in full force and effect until March 31, 2027. Pre-granted abandonment shall apply upon termination of this Agreement, subject to any right of first refusal Shipper may have under the Commission's regulations and Transporter's Tariff.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of the Plan or any Award is or becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction or as to any Person or Award, or would disqualify the Plan or any Award under any law deemed applicable by the Committee, such provision shall be construed or deemed amended to conform to the applicable law or, if it cannot be construed or deemed amended without, in the determination of the Committee, materially altering the intent of the Plan or the Award, such provision shall be stricken as to such jurisdiction, Person or Award, and the remainder of the Plan and any such Award shall remain in full force and effect. If any of the terms or provisions of the Plan or any Award Agreement conflict with the requirements of Rule 16b-3 (as those terms or provisions are applied to Participants who are subject to Section 16(b) of the Exchange Act) or Section 422 of the Code (with respect to ISOs), then those conflicting terms or provisions shall be deemed inoperative to the extent they so conflict with the requirements of Rule 16b-3 (unless the Board or the Committee, as appropriate, has expressly determined that the Plan or such Award should not comply with Rule 16b-3) or Section 422 of the Code, in each case, only to the extent Rule 16b-3 or Section 422 of the Code is applicable. With respect to ISOs, if the Plan does not contain any provision required to be included herein under Section 422 of the Code, that provision shall be deemed to be incorporated herein with the same force and effect as if that provision had been set out at length herein; provided, further, that to the extent any Option that is intended to qualify as an ISO cannot so qualify, that Option (to that extent) shall be deemed a Nonstatutory Option for all purposes of the Plan.

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 case excerpt and choose the best holding from the options. Case excerpt: Restatement was not error. Plaintiffs rely on Bell v. Poplar Bluff Physicians Group, Inc., for the contention that incidental transfer of a product does not relieve an entity from strict products liability. Bell v. Poplar Bluff Physicians Group, Inc., 879 S.W.2d 618, 619 (Mo.App.1994). This case is distinguishable however, because in Bell there was no question that the implant placed into petitioner’s body was done so in the course of the business of respondent. Id. The issue was whether respondent was a “seller” within the meaning of section 402A of the Restatement (Second) of Torts. Id. In this case, the issue is whether Corrigan sold the manlift in the course of its business. This is apparently a question of first impression in Missouri. Corrigan characterizes the issue 713 (1975) (<HOLDING>). The case of Abbott v. U.S.I. Clearing Corp., Options: A. holding that for a transaction to constitute a sale and trigger a first right of refusal it must involve an armslength transaction resulting in an actual change in control of the burdened property rather than simply moving it from the individual owners to an entity controlled by them B. holding that net lease provisions in agreement together with other factors establish that the transaction is a sale C. holding that an auction sale by an unlicensed auctioneer did not invalidate the sale D. holding that the onetime sale of an industrial saw by a sawmill was an isolated transaction that did not come within the provisions of section 402a E. holding that an isolated derogatory remark did not create an inference of discrimination

assistant: The best answer is D. holding that the onetime sale of an industrial saw by a sawmill was an isolated transaction that did not come within the provisions of section 402a
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: Notices and all other communications provided for in this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, or by overnight carrier and addressed, if to Executive, to Executive’s address set forth in the Company’s records, or if to the Company, to its principal office, to the attention of the Board.

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: Subject to the terms and provisions of this Agreement, the Company shall cause the Director to be appointed a Director of the Company in the class of directors up for election at the 2018 Annual Meeting of Stockholders (the “ 2018 Annual Meeting ”) immediately upon the execution of this Agreement, and the Director hereby agrees to serve the Company in such position, upon the terms and conditions hereinafter set forth, and in accordance with the duties imposed by Delaware law, the Company’s Amended and Restated Certificate of Incorporation, the Company’s Amended and Restated By-Laws (the “ Bylaws ”) and applicable stock exchange regulations, provided, however , that the Director’s continued service on the Board of Directors of the Company (the “ Board ”) for any period following the 2018 Annual Meeting shall be subject to the nomination of the Director for election by the Company’s stockholders by the Company’s Compensation, Nominating and Governance Committee for such period, and the election of the Director by the stockholders of the Company.

assistant: Positions
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: complaint’s allegations are sufficient if they put a reasonable person on notice as to why a plaintiff sues.” Id. Here, a reasonable person would be put on notice that Weatherford’s claim of intentional infliction of emotional distress is not solely based on the false arrest or false imprisonment claims. Weatherford’s claim is premised on the officers’ alleged intentional retaliation and abuse of power and process when they violated standard police procedure, disregarded Chief Leonard’s instructions and conspired to intentionally and publicly humiliate Weatherford. Furthermore, we note that Indiana now recognizes a separate cause of action for intentional infliction of emotional distress, without the need for an accompanying tort. See Cullison v. Medley, 570 N.E.2d 27, 30-31 (Ind.1991) (<HOLDING>). Therefore, we find that Weatherford Options: A. recognizing the tort of intentional infliction of emotion distress for the first time in indiana B. recognizing that the indiana tort claims act grants broad immunity to governmental employees from suit for malicious prosecution and intentional infliction of emotional distress C. holding that claims for intentional and negligent infliction of emotion distress fail as matter of law where challenged arrest is supported by probable cause D. recognizing the tort of intentional infliction of emotional distress E. holding that intentional infliction of emotional distress is a personal injury tort

assistant: The best answer is A. recognizing the tort of intentional infliction of emotion distress for the first time in indiana
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: Subject to the terms and conditions of this Agreement, the Preferred Amendment shall become effective on the Effective Date, which shall be no later than three business day after the last of the conditions to effectiveness set forth in Article IV have been satisfied or waived (other than conditions which, by their nature, are to be satisfied on the Effective Date), or at such other time or on such other date as the Company and the Holder may mutually agree upon in writing.

assistant: Effective Dates
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: exculpatory information prior to the transfer hearing. He contends that this information could have been used to defeat the Family Division’s finding of probable cause. “[Suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution.” Brady v. Maryland, 373 U.S. 83, 87, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). Brady material must be presented to a defendant, including a minor, prior to trial. N.G., 119 F. Supp. 2d at 528-29. There is no right, however, to receive Brady material prior to a probable cause or transfer hearing. Id.; see also Gov’t of the V.I. ex rel. A.I.E., 120 F. Supp. 2d 537, 545 (D.V.I. App. Div. 2000) (<HOLDING>). So long as such information is provided to Options: A. holding that a juvenile has no entitlement to brady materials before the transfer hearing proceeding B. holding that a juvenile has a right to a voluntariness hearing in a transfer proceeding C. holding that juvenile court has no jurisdiction to consider constitutional claims D. holding that statute allowing for transfer of juvenile to adult criminal court does not implicate apprendi because the judges transfer determination does not subject the juvenile to enhanced punishment it subjects the juvenile to the adult criminal justice system E. holding that post conviction hearing act is not available to juvenile proceeding since the child is not convicted of a crime

assistant: The best answer is A. holding that a juvenile has no entitlement to brady materials before the transfer hearing proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties of Seller and Buyer set forth in this Agreement are remade (subject to this Section 4.3 ) as of the Closing Date and deemed to be merged into the instruments of Closing, and such representations and warranties (and the representations and warranties set forth in such instruments of Closing) shall survive for a period of nine (9) months after the Closing Date (the “ Survival Period ”). The representations and warranties of Seller and Buyer shall be remade as of the Closing Date to reflect and incorporate any change in facts occurring between the Effective Date and the Closing Date that result from the exercise of any rights and/or obligations of Seller and Buyer, respectively, under this Agreement, and any such change in facts shall neither constitute a default under, or breach of, this Agreement by the party making such representation or warranty nor afford the other party the right to any remedies under this Agreement based purely on such change in facts, including, without limitation, any right to terminate this Agreement. If any representation and warranty of Seller or Buyer shall be true as of the Effective Date but untrue as of the Closing Date due to a change of facts that does not result from such party’s acts or omissions (for example, the occurrence of a pending condemnation proceeding), then such change of facts shall constitute a failure of a condition to Closing benefitting the party receiving such representation or warranty but shall not constitute a default under, or breach of, this Agreement by such party. Notwithstanding the foregoing, any supplements to the representations or warranties of Seller shall not be deemed to supplement the representations and warranties for purposes of determining whether the condition precedent set forth in Section 5.4.3 has been satisfied to the extent the information provided in such supplements would adversely impact Buyer, the Property, the Ground Lease, the Tenant Leases and/or the sale, use, leasing and operation of the Property.

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: Except as expressly set forth in Section 2 above, nothing contained in this Amendment (or in any other agreement or understanding between the parties) shall constitute a waiver of, or shall otherwise diminish or impair, the Bank's rights or remedies under the Loan Agreement or any of the other Loan Documents, or under applicable law.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 8C-1, Rule 403. In State v. Scott, 331 N.C. 39, 413 S.E.2d 787 (1992), the Supreme Court stated in requiring the exclusion of evidence otherwise admissible pursuant to N.C. Gen. Stat. § 8C-1, Rule 404(b) under N.C. Gen. Stat. § 8C-1, Rule 403, that: [W]here the probative value of such evidence depends upon defendant’s having in fact committed the prior alleged offense, his acquittal of the offense in an earlier trial so divests the evidence of probative value that, as a matter of law, it cannot outweigh the tendency of such evidence unfairly to prejudice the defendant. Such evidence is thus barred by N.C. R dence tending to show that Defendant possessed various prescription drugs which he was acquitted of possessing. State v. Allen, 144 N.C. App. 386, 388, 548 S.E.2d 554, 555 (2001) (<HOLDING>). After careful review of the evidence and the Options: A. holding that a sua sponte dismissal of the charges during trial was not an acquittal that barred retrial based on double jeopardy B. recognizing the specific need for an appropriate double jeopardy review when an appeal is taken by the state from a lower courts dismissal of the criminal charges C. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause D. holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause E. holding that the trial courts dismissal of the charges after jeopardy had attached based on the prosecution witnesses failure to appear was not an acquittal and therefore double jeopardy did not prevent the court from reconsidering its decision and reinstating the charges

assistant: The best answer is D. holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause
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: Notices and all other communications contemplated by this Plan shall be in writing and shall be deemed to have been duly given when personally delivered or when mailed by U.S. registered or certified mail, return receipt requested and postage prepaid. In the case of the Participant, (i) mailed notices shall be addressed to the Participant at the Participant’s home address which was most recently communicated to the Corporation in writing or (ii) in the case of a Participant who is an employee, distributed to the employee at his or her place of employment in compliance with 29 Code of Federal Regulations Section 2520.104b-1(c). In the case of any Company, mailed notices shall be addressed to the Corporation’s corporate headquarters, and all notices shall be directed to the attention of its General Counsel.

assistant: General
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 law. II. Remedies A. Reinstatement versus Front Pay Gopher News asserts the magistrate judge erred by awarding Mathieu front pay rather than reinstatement. Front pay is an exceptional remedy and should only be awarded in lieu of reinstatement when extraordinary circumstances render reinstatement “impractical or impossible.” Newhouse v. McCormick & Co., Inc., 110 F.3d 635, 641 (8th Cir.1997) (citing Philipp v. ANR Freight Sys., Inc., 61 F.3d 669, 674 (8th Cir.1995)). However, the cases are legion that “substantial hostility, above that normally incident to litigation, is a sound basis for denying reinstatement.” United Paperworkers Int’l Union Local 274 v. Champion Int’l Corp., 81 F.3d 798, 805 (8th Cir.1996); see also Denesha v. Farmers Ins. Exch., 161 F.3d 491, 501 (8th Cir.1998) (<HOLDING>) (citing Brooks v. Woodline Motor Freight, Options: A. holding that the special relationship exception does not apply to the relationship between a student and a school B. holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved C. holding that hostility justifying front pay should be such that a productive and amicable working relationship would be impossible D. holding that claims to property between samesex partners should be treated as equitable claims without addressing whether parties can be deemed to be in a meretricious relationship E. holding that provision would not be enforced due to that fact that the doctorpatient relationship is special and entitled to unique protection

assistant: The best answer is C. holding that hostility justifying front pay should be such that a productive and amicable working relationship would be impossible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive is expected and is authorized to incur reasonable expenses in the performance of his duties hereunder. The Company shall reimburse the Executive for all such expenses reasonably and actually incurred in accordance with reasonable policies which may be adopted from time to time by the Company promptly upon periodic presentation by the Executive of an itemized account, including reasonable substantiation, of such expenses.

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: aside the question of the appropriateness of the Rule 35 vehicle, it is indisputable that we are not bound by the title of the motion and that we may consider it as filed under our collateral attack statute, D.C. Code § 23-110 (1981). We interpret that statute by reference to the parallel federal law, 28 U.S.C. § 2255 (1982), and in construing that law the Supreme Court has held that a cognizable claim incorrectly asserted by way of a Rule 35 motion must be considered by the court under the collateral attack statute instead, for “in this area of the law ... ‘adjudication upon the underlying merits of claim is not [to be] hampered by reliance upon the titles petitioners put upon their documents.’ ” Andrews v. United States, 373 U.S. 334, 338, 83 S.Ct. 1236, 1239, 10 L.Ed.2d 383 (1963) (<HOLDING>). Because Allen contends that the consecutive Options: A. holding that lower court was obliged to consider motion filed under rule 35 as filed under 2255 rather than reject it B. holding that motion for reconsideration would be construed not as a rule 60b motion but rather as an unauthorized successive motion under 2255 which the district court may have been without jurisdiction to consider C. holding that the lower court lacked jurisdiction to hear the case because it was filed without proper authority D. holding that motion filed under fedrcivp 60b properly construed as successive 2255 motion E. holding that a district court has jurisdiction to consider a rule 41e motion filed after criminal proceedings had been completed

assistant: The best answer is A. holding that lower court was obliged to consider motion filed under rule 35 as filed under 2255 rather than reject it
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that it could also mean that Randle used cocaine about five days before being tested. (Hr’g Tr. 73-74.) 2 . Cue testified that his encounter with Randle occurred differently. According to him, Cue asked Randle at the metal detector where his keys were, Randle responded that he had walked, Cue cajoled him by saying “this is me you're talking to,” and then Randle confessed to lying. (Hr’g Tr. 32.) 3 .Cue testified that possessing a slapjack was a parole violation for Randle (Hr'g Tr. 34), but the parole conditions do not prohibit Randle from possessing weapons other than ammunition, bullet casings, cartridges, gunpowder, and explosive devices (Gov.'s Ex. 2). 4 . The government also cites the slapjack Cue found, but making this discovery a bas ne, 451 F.3d 643, 669 (10th Cir.2006) (<HOLDING>). Regardless, I allowed the testimony because Options: A. holding that lay witness opinion as to guilt of defendant inadmissible B. holding grandparent visitation statute serves compelling state interest in maintaining grandparentgrandchild relationship where grandparents had raised child for period of time but agreeing with trial court that something more than childs best interest must be established to serve compelling state interest C. holding that a lay witness could not opine about whether something constituted a compelling state interest because it required legal expertise D. holding that a forensic accountant is an expert witness not a lay witness E. recognizing the compelling interest in highway safety

assistant: The best answer is C. holding that a lay witness could not opine about whether something constituted a compelling state interest because it required legal expertise