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: of an inference of causation.”); Ashok v. Barnhart, 289 F.Supp.2d 305, 315 (E.D.N.Y.2003) (“A period of only two months between a protected activity and an adverse action may permit a reasonable jury to find the acts to be temporally proximate and causally related.”); Nicastro v. Runyon, 60 F.Supp.2d 181, 185 (S.D.N.Y.1999) (“Claims of retaliation are routinely dismissed when as few as three months elapse between the protected EEO activity and the alleged act of retaliation.”). However, because the Second Circuit has found periods well beyond two months to be sufficient to suggest a causal relationship under certain circumstances, courts must carefully consider the time lapse in light of the entire record. See, e.g., Grant v. Bethlehem Steel Corp., 622 F.2d 43, 45-46 (2d Cir.1980) (<HOLDING>); see also Richardson v. N.Y. State Dep’t of Options: A. holding in the context of a title vii retaliation claim that a twoyear gap between the plaintiffs protected activity and the claimed retaliatory act proves fatal to plaintiffs assertion that there is a causal connection B. holding that the more than three month gap between the plaintiffs eeoc complaint and the allegedly adverse action was insufficient to show causation C. holding that a close temporal proximity between a public employees speech and a defendants actions suggested a causal relationship D. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury E. holding more than eightmonth gap between eeoc complaint and retaliatory action suggested a causal relationship

assistant: The best answer is E. holding more than eightmonth gap between eeoc complaint and retaliatory action suggested a causal relationship
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: Rather, this litigation is before the Court on the Defendants’ Motion to Dismiss (Doc. # 24), under which this Court must decide whether the allegations in Plaintiffs’ Amended Complaint (Doc. # 22), viewed through the prisms of Rules 9(b) and 12(b)(6) and the PSLRA, state a claim for relief. The Plaintiffs merely seek to have the Court consider the allegations set forth by the Trustee in his complaint, when it engages in that analysis. In effect, the Plaintiffs are requesting that the Court give them leave to amend to include the allegations set forth by the Trustee in his complaint. Such an amendment would be appropriate, even though it would occur after the Defendants’ Motion to Dismiss (Doc. #22) had been fully briefed. Cf. E.E.O.C. v. Ohio Edison Co., 7 F.3d 541, 546 (6th Cir.1993) (<HOLDING>). However, rather than treating Plaintiffs’ Options: A. holding in an appeal from the dismissal of the plaintiffs complaint pursuant to rule 12b6 that when the papers before the sixth circuit indicate that the plaintiff could submit an amended complaint that would state a claim upon which relief can be granted the proper course is to remand to permit the plaintiff to amend B. holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief C. holding that the trial court properly struck the amended complaint when the plaintiff offered no reason to refute the trial courts finding that the new allegations in the amended complaint were based on facts the plaintiff had known since the beginning of the action D. holding that amendment is futile if the proposed amended complaint does not state a claim upon which relief can be granted E. holding that a plaintiff is not required to file an amended complaint when his complaint is involuntarily dismissed without prejudice and that for the purposes of appeal such a dismissal is a rule 41b adjudication on the merits

assistant: The best answer is A. holding in an appeal from the dismissal of the plaintiffs complaint pursuant to rule 12b6 that when the papers before the sixth circuit indicate that the plaintiff could submit an amended complaint that would state a claim upon which relief can be granted the proper course is to remand to permit the plaintiff to amend
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: Ms. Goren bases her statement of facts on her second amended complaint. That complaint, however, is not before this court. On September 3, 1997, the district court entered a judgment dismissing Ms. Goren’s complaint. Ms. Goren subsequently filed a motion pursuant to Rule 59(e) of the Federal Rules of Civil Procedure to alter or amend judgment to permit filing of a second amended complaint. Ms. Goren attached her proposed second amended complaint to that motion. On October 23, 1998, the court entered an order denying Ms. Goren’s motion. In her opening brief, Ms. Goren devoted nearly her en tire argument to the district court’s decision dismissing her amended complaint. Indeed, there is no “Issue Presented" or meaningful argument regarding the district court’s denial of Ms. Goren’s 93) (<HOLDING>). 5 . At oral argument, Ms. Goren’s counsel Options: A. holding that a prisoner did not engage in protected conduct when he threatened to file a frivolous grievance B. holding that attorney who allegedly prepared false private placement memoranda regarding limited partnership did not conduct affairs of enterprise because he did not direct the legal entities he represented to engage in particular transactions C. holding that appellant forfeited his complaint regarding his sentence because he did not object at trial D. holding that the defendant had abandoned any possessory or privacy interest in bags found in the truck he was driving where he stated that he did not own the bags did not know who did and did not know what was in them E. holding that harold fine did not have direct and independent knowledge because he did not personally conduct the audits that led to the public disclosures

assistant: The best answer is B. holding that attorney who allegedly prepared false private placement memoranda regarding limited partnership did not conduct affairs of enterprise because he did not direct the legal entities he represented to engage in particular transactions
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: innocent third party’s interest in property. The government’s acquisition of an entire tract of real property in forfeiture proceedings may thus constitute an unconstitutional taking of a third party’s interest or a deprivation of that party’s property without due process, in violation of the Fifth Amendment. See U.S. Const. amend. V; see also United States v. Totaro, 345 F.3d 989, 999 (8th Cir.2003) (“If this court were to deem forfeited the entire estate despite a valid claim of partial ownership by a third party, ... [i]t would ... punish the third party, against whom no jury has returned a verdict of guilt, and may therefore raise constitutional questions of a whole different order.”) (citation omitted); United States v. One 1976 Chevrolet Corvette, 477 F.Supp. 32, 35 (E.D.Pa.1979) (<HOLDING>). Cf. Calero-Toledo v. Pearson Yacht Leasing Options: A. holding that operation of forfeiture statute against bona fide purchaser violates fifth amendment B. holding that the statement ill take the fifth was an assertion of the fifth amendment privilege C. holding that dna act violates neither substantive nor procedural due process under the fifth amendment D. holding that both fourth amendment warrant and probable cause and fifth amendment due process requirements apply to civil forfeiture proceedings E. holding that forfeiture of funds to be used for legal fees does not violate the fifth or sixth amendment

assistant: The best answer is A. holding that operation of forfeiture statute against bona fide purchaser violates fifth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the presentence report or any other circumstance relied upon for its changed view. Selikoff, 360 N.Y.S.2d 623, 318 N.E.2d at 792 (emphasis added) (citation omitted) (finding court correctly refused to impose original terms of plea agreement after discovering defendant was actually a principal, not a pawn, in a fraudulent scheme, and holding that, defendant’s refusal to withdraw his plea did not entitle him to specific performance of original plea agreement). Defendant is entitled .to specific performance of a plea agreement only where it can be shown that he or she relied on the original promise to his or her detriment. Reliance may include cooperating with authorities or testifying against a co-defendant. People v. Danny G., 61 N.Y.2d 169, 473 N.Y.S.2d 131, 461 N.E.2d 268, 271 (1984) (<HOLDING>); People v. Hams, 661 N.Y.S.2d 817 Options: A. holding specific performance of plea agreement proper remedy where defendant testified against all of his coconspirators and where court later unilaterally breached original plea agreement by imposing a ninety day term of incarceration in addition to sentence of probation that had been earlier agreed to without first providing1 defendant with opportunity to withdraw plea on the record B. holding that if a plea agreement is breached the district court may either grant specific performance or allow the defendant to withdraw the plea C. holding that a defendant who is allowed to withdraw his plea must either withdraw his plea to all charges or to none when his plea to all charges was part of an agreement with the state D. holding defendants refusal to withdraw plea when afforded opportunity by sentencing court which had reviewed presentence report and found terms of plea deal inappropriate was not entitled to specific performance of original plea E. holding that a federal habeas court may grant specific performance of a plea agreement in the face of evidence that the state has breached the terms of such an agreement

assistant: The best answer is A. holding specific performance of plea agreement proper remedy where defendant testified against all of his coconspirators and where court later unilaterally breached original plea agreement by imposing a ninety day term of incarceration in addition to sentence of probation that had been earlier agreed to without first providing1 defendant with opportunity to withdraw plea on the record
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: Indemnitee shall give the Company notice in writing as soon as practicable, and, in any event, no later than 30 days after Indemnitee becomes aware, of any Proceeding for which indemnification will or could be sought under this Agreement; provided that any failure or delay in giving such notice shall not relieve the Company of its obligations under this Agreement unless and to the extent that (i) neither the Company nor any Company Subsidiary is party to or aware of such Proceeding and (ii) the Company is materially prejudiced by such failure.

assistant: Cooperation
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 its Subsidiaries may withhold from any and all amounts payable under this Agreement or otherwise such federal, state and local taxes as may be required to be withheld pursuant to any applicable law or regulation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any such counterparts or signatures may be delivered by facsimile or e-mail (in .pdf format), and any counterparts or signatures so delivered shall be deemed an original counterpart or signature for all purposes related to this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: 301 F.3d 610, 614 (7th Cir.2002). However, under the so-called “sham affidavit” rule, most courts will disregard affidavits which blatantly contradict prior sworn testimony. Beckel v. WalMart Associates, Inc., 301 F.3d 621, 624 (7th Cir.2002) (noting that “[ajffidavits, though signed under oath by the affiant, are typically written by the affiant’s lawyer, and when offered to contradict the affiant’s deposition are so lacking in credibility as to be entitled to zero weight in summary judgment proceedings unless the affiant gives a plausible explanation for the discrepancy; the explanation, moreover, must come in the affidavit itself, not in the a lawyer’s musings, which are not evidence” (internal citations omitted)); but see Buckner v. Sam’s Club, 75 F.3d 290, 292-93 (7th Cir.1996) (<HOLDING>). The issue in this case comes down to whether Options: A. holding that an affidavit and deposition testimony are not blatantly contradictory where the two statements can possibly be consistent with one another B. holding that plaintiffs affidavit failed to fall within the exception stated in camfield tires inc v michelin tire corp 719 f2d 1361 8th cir1983 that an affidavit contradicting the prior deposition testimony of the affiant but containing an adequate explanation for the disparity may create a genuine issue of fact because plaintiffs deposition testimony was so contradictory from the statements contained in her affidavit C. holding that the court could not conclude that the plaintiffs deposition testimony was so contradictory of the statements contained in plaintiffs affidavit as to foreclose the affidavits use for summary judgment purposes D. holding that plaintiffs affidavit submitted at summary judgment stage and contradicting earlier deposition testimony should not be considered E. holding that facts alleged in an employees affidavit were insufficient to raise an issue of fact for the purposes of defeating a summary judgment where the affidavit contradicted the employees earlier deposition statements

assistant: The best answer is A. holding that an affidavit and deposition testimony are not blatantly contradictory where the two statements can possibly be consistent with one another
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 employer’s attorney-agent in preparing and evaluating Plaintiffs background investigation. Moreover, Plaintiff has alleged no facts suggesting that Defendant Blitz made the decision to terminate Plaintiff or that the information he furnished in his report to DHA Group was not filtered by an autonomous decision maker. Some courts have broadly held that any entity or individual can be liable under the FCRA’s adverse action provision “even though the party taking the adverse action did not have the ultimate authority to make the hiring decision” so long as the party made the “decision to furnish a report to an employer” that is detrimental to the employee’s employment or employment prospects. See, e.g., Adams v. National Engineering Service Corp., 620 F.Supp.2d 319, 332 (D.Conn.2009) (<HOLDING>); Goode, 848 F.Supp.2d at 542 (holding that Options: A. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation B. holding that arizona rule of civil procedure 52a requires the court to find only the ultimate facts not the evidentiary facts upon which the ultimate facts are based C. holding that many actions taken by an employer though unfavorable to an employee do not constitute a basis for discrimination because they do not qualify as an ultimate employment decision D. holding that the staffing agency which forwarded a background check conducted by another entity to the ultimate employer was liable under 1681bb3 because its decision to furnish the report to the ultimate employer was an adverse action E. holding that the employer had not demonstrated the employee was discharged for gross misconduct because the conduct was an isolated incident and the employer did not try to show that its staffing ability had suffered serious or indeed any consequences as a result of the employees conduct

assistant: The best answer is D. holding that the staffing agency which forwarded a background check conducted by another entity to the ultimate employer was liable under 1681bb3 because its decision to furnish the report to the ultimate employer was an adverse action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of KADI SH and KADI HK is a duly formed company, validly existing and in good standing under the laws of the jurisdiction of its organization, and each has all requisite power and authority, corporate and otherwise, and all governmental licenses, franchises, permits, authorizations, consents and approvals required to own and operate its properties and assets and to carry on its business as now conducted and as proposed to be conducted. Neither KADI SH nor KADI HK has taken any action, adopted any plan, or made any agreement in respect of any transaction, consolidation, sale of all or substantially all of their respective equity interests, assets, reorganization, recapitalization, dissolution or liquidation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in their reports were the result of accident or mistake rather than conscious indifference. In Walker v. Gutierrez, we held that a report that completely omitted one of the elements required by statute could not be an accident or mistake because “a party who files suit on claims subject to article 4590i is charged with knowledge of the statute and its requirements.” Here, the plaintiffs’ attorneys are charged with knowledge that they needed an expert in hospital credentialing, and with the qualifications (or lack thereof) of Dr. Brown. Her curriculum vitae showed she was a solo family practitioner, and revealed neither experience in hospital administration nor even staff privileges at any hospital. At the hearing on the hospital’s motion to dismiss, the trial court admitted d 004) (<HOLDING>). 2 . Tex.Rev.Civ. Stat. art. 4590i, § 1.02 Options: A. holding that the clause at issue granted jurisdiction but not exclusive jurisdiction B. holding mandamus available to protect legislative continuance C. recognizing in the context of a petition for a writ of mandamus that although the district court retained jurisdiction over the case following the governments mandamus petition the district court justifiably could defer trial until resolution of the appellate proceedings had the government prevailed on the merits of the mandamus petition the trial strategies of the government as well as the defense would surely have been altered D. holding mandamus will lie to prevent trial court from exercising jurisdiction it does not have even if there is adequate remedy by appeal E. holding mandamus available to protect exclusive jurisdiction of executive agency and prevent disruption of orderly processes of government

assistant: The best answer is E. holding mandamus available to protect exclusive jurisdiction of executive agency and prevent disruption of orderly processes of government
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 shall be effective as of the Effective Date. The expiration date of the Plan, on and after which date no Awards may be granted hereunder, shall be the tenth anniversary of the Effective Date; provided , however , that such expiration shall not affect Awards then outstanding, and the terms and conditions of the Plan shall continue to apply to such Awards.

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 legal provision and list the applicable contract clause categories. Provision: As described in Article 15 of the Plan, the Company shall have the right to deduct or withhold, or to require the Optionee to remit to the Company, an amount necessary to satisfy any federal, state or local taxes (including the Optionee’s FICA obligation) as are required by law to be withheld with respect to the Options granted pursuant this Agreement.

assistant: Withholdings
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 defendants exported them intact for reuse in monitors. And he did so without providing any explanation of what constitutes “processing” or how it impacts the original intended purpose requirement. Cf. United States v. Schneider, 704 F.3d 1287, 1294 (10th Cir.2013) (noting that while an expert may refer to the law in expressing an opinion, testimony raises concerns “when an expert uses a specialized legal term and usurps the jury’s function”); McIver, 470 F.3d at 552 (expert testimony’s overreliance on terms that “have a separate, distinct and specialized meaning in the law different from that present in the vernacular” risks crossing the line into unhelpful and inadmissible testimony (internal quotation marks omitted)). Thus, the district court erred, by permitting Mr th Cir.1991) (<HOLDING>). Because the defendants claim Mr. Smith’s Options: A. holding that the probative value of contested evidence far outweighed any danger of unfair prejudice where any potential unfair prejudice was cured by a limiting jury instruction B. recognizing that a limiting instruction has the potential to cure any prejudice from the erroneous admission of evidence C. holding improper admission of extrinsic evidence may be cured by adequate limiting instruction D. holding that written instructions did not cure erroneous oral instruction E. holding potential for unfair prejudice related to evidentiary issue dispelled by the circuit courts limiting instruction to the jury

assistant: The best answer is B. recognizing that a limiting instruction has the potential to cure any prejudice from the erroneous admission of evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and information about where Mr. Jackson could be found fail to indicate that Ms. Thompson-Wright had a special familiarity with his affairs, but they do not even indicate that Ms. Thompson-Wright’s source or sources had a special familiarity with Mr. Jackson’s affairs. It is hardly uncommon for a person’s family members and friends to have photographs of the person and to know where he or she stays, while knowing little of — or at least lacking “special familiarity” with — the person’s criminal activities. If there is any correlation between possession of a person’s photograph or knowledge of the person’s address and special knowledge of the person’s criminal activities, it is likely a weak one, insufficient to create reasonable suspicion. See White, 496 U.S. at 332, 110 S.Ct. 2412 (<HOLDING>); see also Navarette v. California, — U.S. -, Options: A. holding that an anonymous informants ability to predict respondents future behavior namely the route that respondent would take to deliver a package of cocaine demonstrated inside information a special familiarity with respondents affairs and thus rendered the informants tip sufficiently reliable although it was a close case B. holding stop invalid where anonymous tip provided no predictive information and therefore left the police without means to test the informants knowledge and credibility C. holding corroboration of named informants statements some of which included suspects hearsay enhanced informants reliability D. holding an informants tip can establish reasonable suspicion without investigative confirmation if the tip is credible E. holding tip to be sufficiently reliable where the officer confirmed an informants description of the suspects appearance and location though the officer did not personally witness any criminal behavior

assistant: The best answer is A. holding that an anonymous informants ability to predict respondents future behavior namely the route that respondent would take to deliver a package of cocaine demonstrated inside information a special familiarity with respondents affairs and thus rendered the informants tip sufficiently reliable although it was a close case
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: individual with exceptional needs to benefít from special education ....” Cal. Educ. Code § 56363 (emphasis added). An individual with exceptional needs is one who “requires instruction and services which cannot be provided with modification of the regular school program in order to ensure that the individual is provided a free appropriate public education .... ” Cal. Educ. Code § 56026(b). “This language [from the Education Code] makes clear that, when possible, a school may address a child’s needs through modification of the regular classroom program without [resorting to remedies under IDEA].” Ashli 2007 WL 247761, at *10 n. 3. When a child’s needs can be adequately addressed through non-special educational services, the student is not eligible for IDEA. See Hood, 486 F.3d at 1110 (<HOLDING>); Robert A. Garda, Who Is Eligible Under the Options: A. holding that an individual debtor not engaged in business is eligible for chapter 11 B. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired C. holding that a california student was not eligible for idea because she can be accommodated in a general classroom D. holding proper remedy when a christian student newspaper was denied student activities funds was to make funds available to the religious paper not to deny funds to nonreligious student groups E. holding that it was appellants burden to prove that her husbands death occurred in the scope of employment and that she was eligible for widows benefits

assistant: The best answer is C. holding that a california student was not eligible for idea because she can be accommodated in a general classroom
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: At common law, a husband was held responsible for any crimes committed by his wife in his presence, because the law presumed that the wife was coerced or controlled by her husband. See Haning v. United States, 59 F.2d 942, 943 (8th Cir.1932). Modern courts have rejected this presumption. Id. See United States v. Dege, 364 U.S. 51, 53, 80 S.Ct. 1589, 4 L.Ed.2d 1563 (1960) (opining that this common-law rule “implies a view of American womanhood offensive to the ethos of our society”). At common law, a husband was also responsible for his wife’s torts. Modern courts have rejected the idea that spouses are liable for one another’s torts without proof that both spouses' are involved in the tortious misconduct. See Petersen v. Heflin, 163 Mich.App. 402, 408, 413 N.W.2d 810, 812 (1987) (<HOLDING>); Dodson v. Anderson, 710 S.W.2d 510, 512 Options: A. holding that a wifes minimal involvement in her husbands business coupled with the lack of evidence that she knew of or intended to further her husbands fraudulent schemes was insufficient evidence of conspiracy B. recognizing a privacy interest in the intimacies of the marital relationship C. holding that the former wife did not waive her attorneyclient privilege simply because the credibility of her claim that she relied on her husbands representations could be impeached by deposing her former attorney D. holding that a wife is not liable simply by virtue of the marital relationship for her husbands fraudulent acts E. holding that a wifeis not liable simply by virtue of the marital relationship for her husbands negligent acts

assistant: The best answer is E. holding that a wifeis not liable simply by virtue of the marital relationship for her husbands negligent acts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any actual or threatened default in, or breach of, any of the terms, conditions and provisions of this Agreement, the party or parties who are thereby aggrieved shall have the right to specific performance and injunction in addition to any and all other rights and remedies at law or in equity, and all such rights and remedies shall be cumulative.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to Mr. Webb, who merely transcribed the incorrect information on the application. Mrs. Jarvis knew that the information was wrong and because she failed to correct the misrepresentations, she should be barred from receiving the benefits of her deception. In support of their version of the facts Mr. Webb and Modern Woodmen cite to W.Va.Code, 33-6-7 [1957] and a line of cases holding that fraudulent or material misrepresentations will render a policy void. See Powell v. Time Ins. Co., 181 W.Va. 289, 382 S.E.2d 342, 348 (1989) (discussing the statute and overruling cases following “the common law concept of warranties with regard to statements by an insured in an application for insurance”); Christian v. State Farm Mut. Auto Ins. Co., 144 W.Va. 746, 753, 110 S.E.2d 845, 849-50 (1959) (<HOLDING>); Lengyel v. Lint, 167 W.Va. 272, 280 S.E.2d 66 Options: A. holding the agency relationship ceases on execution and delivery of the policy to the insured B. holding that the policy language expected or intended by an insured person is unambiguous and requires a subjective intent on behalf of the insured C. holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured D. holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth E. holding fjraud on the part of the insured in the procurement of the policy is sufficient to defeat a recovery in an action on such policy

assistant: The best answer is E. holding fjraud on the part of the insured in the procurement of the policy is sufficient to defeat a recovery in an action on such 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: Vacation accrues on a basis equivalent to four (4) weeks per full calendar year of employment, in accordance with the Bank’s standard vacation policy and payroll practices for employees. Vacation will stop accruing after a total of 160 hours (four (4) weeks) are accumulated.

assistant: Vacations
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 Lenders agree to indemnify each Agent in its capacity as such (to the extent not reimbursed by the Borrowers and without limiting the obligation of the Borrowers to do so), ratably according to their respective Aggregate Exposure Percentages in effect on the date on which indemnification is sought under this Section 10.7 (or, if indemnification is sought after the date upon which the Commitments shall have terminated and the Loans shall have been paid in full, ratably in accordance with such Aggregate Exposure Percentages immediately prior to such date), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever that may at any time (whether before or after the payment of the Loans) be imposed on, incurred by or asserted against such Agent in any way relating to or arising out of, the Commitments, this Agreement, any of the other Loan Documents, any Specified Agreement or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by such Agent under or in connection with any of the foregoing; provided that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements that are found by a final and non-appealable decision of a court of competent jurisdiction to have resulted from such Agent’s gross negligence or willful misconduct.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as expressly amended by this Amendment, the Existing Lease shall remain unmodified and in full force and effect. As modified by this Amendment, the Existing Lease is hereby ratified and confirmed in all respects. In the event of any inconsistencies between the terms of this Amendment and the Existing Lease, the terms of this Amendment shall prevail. The Existing Lease as amended by this Amendment constitutes the entire understanding and agreement of Landlord and Tenant with respect to the subject matter hereof, and all prior agreements, representations, and understandings between Landlord and Tenant with respect to the subject matter hereof, whether oral or written, are or should be deemed to be null and void, all of the foregoing having been merged into this Amendment. Landlord and Tenant do each hereby acknowledge that it and/or its counsel have reviewed and revised this Amendment, and agree that no rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall be employed in the interpretation of this Amendment. This Amendment may be amended or modified only by an instrument in writing signed by each of the Landlord and Tenant.

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: 225 F.Supp.2d 731, 735 (S.D.Tex.2002) (citing Woods v. William M. Mercer, Inc., 769 S.W.2d 515, 518 n. 2 (Tex.1988)). Here, Whiddon asserts DTPA, fraud, negligence, and breach of contract claims against Chase. The Texas statute of limitations for DTPA and negligence claims is two years. See Tex. Bus. & Com.Code Ann. § 17.565 (Vernon 2002) (DTPA); Tex. Civ. Prac. & Rem.Code Ann. § 16.003(a) (Vernon 2002) (negligence); Massie v. Hartford Life & Accident Co., No. H-09-2264, 2009 WL 2982801, at *1 (S.D.Tex. Sept. 11, 2009) (citing KPMG Peat Marwick v. Harrison County Hous. Fin. Corp., 988 S.W.2d 746, 749 (Tex.1999)) (recognizing a two-year statute of limitations for DTPA claims under Texas law); Burlington N. & Santa Fe Ry. Co. v. Poole Chem. Co., 419 F.3d 355, 360 n. 13 (5th Cir.2005) (<HOLDING>); Texas Soil Recycling, Inc., 273 F.3d at 649 Options: A. holding that a twoyear statute of limitations period applies to all 1983 actions brought in pennsylvania B. holding that texas twoyear statute of limitations applied to section 1981 action for discrimination on the basis of national origin C. holding that a twoyear statute of limitations applies to negligence claims under texas law D. holding that a compulsory counterclaim was barred by pennsylvanias twoyear statute of limitations notwithstanding that the plaintiff filed his complaint late in the twoyear limitations period E. holding that texas twoyear statute of limitations applied to suit alleging racial discrimination under 42 usc 1981

assistant: The best answer is C. holding that a twoyear statute of limitations applies to negligence claims under texas law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the SFIC policy, in the present case, provided separate contracts of insurance since it spoke in terms of separately scheduled buildings. The schedule of property values, which was included in the SFIC insurance policy, made the coverage specific, not blanket. Since each building was separately listed on the declarations page, with a separate covered amount and separate premiums listed for each building, each of these seven separate claims should have its own statutory cap of $300,000. The majority of the cases relied on by FIGA are distinguishable because these cases address insurance policy liability coverage for wrongful death and derivative tort claims, rather than first party property damage claims. See Allstate Ins. Co. v. Clohessy, 32 F.Supp.2d 1333, 1337 (M.D.Fla.1998) (<HOLDING>); Fla. Ins. Guar. Ass’n, Inc. v. Cole, 573 Options: A. holding that florida courts have uniformly held that loss of consortium and wrongful death survivor actions are subject to the perperson limit of liability B. holding that widow had individual action for loss of her husbands consortium between onset of his illness and death separate from that available under wrongful death statute C. recognizing loss of consortium claims D. recognizing cause of action for loss of consortium E. recognizing that loss of consortium is a right of action separate from that of the spouse

assistant: The best answer is A. holding that florida courts have uniformly held that loss of consortium and wrongful death survivor actions are subject to the perperson limit 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 term of a SAR shall be determined by the Committee in its sole discretion, but in no event shall the term exceed ten (10) years from the Date of Grant; provided that, each SAR granted in tandem with a Stock Option shall terminate upon the termination or exercise of the related Stock Option.

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: In case any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, none of the parties hereto shall be required to comply with such provision for so long as such provision is held to be invalid, illegal or unenforceable, but the validity, legality and enforceability of the remaining provisions contained herein and in the Credit Agreement shall not in any way be affected or impaired. The parties hereto shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Prior to the Separation, Employee shall serve as Senior Vice President and Chief Financial Officer of the Manitowoc Foodservice, a division of the Company reporting to the President and Chief Executive Officer of Manitowoc Foodservice (the “President”), and following the Separation Employee will be Senior Vice President and Chief Financial Officer of the Foodservice Corporation and will report to the independent board of directors of the Foodservice Corporation (the “Foodservice Corporation Board”) and to the President. Prior to the Separation, Employee will faithfully perform such duties and have such authority as may be assigned by the President and are consistent with the duties performed by and the authority held by a division senior vice president and chief financial officer. Subsequent to the Separation, Employee will perform such duties and have such authority as may be assigned by the Foodservice Corporation Board and/or the President as are customary for a senior vice president and chief financial officer of a publicly-traded company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive acknowledges that a violation or attempted violation on the Executive’s part of Section 8 will cause irreparable damage to the Company, and the Executive therefore agrees that the Company shall be entitled as a matter of right to an injunction, out of any court of competent jurisdiction, restraining any violation or further violation of such promises by the Executive or the Executive’s employees, partners or agents. The Executive agrees that such right to an injunction is cumulative and in addition to whatever other remedies the Company may have under law or equity.

assistant: Remedies
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: court of appeals observed that the statute, “as written, ... does not require a blood or breath specimen to be taken contrary to the Fourth Amendment; that is, without a warrant or a recognized exception .to ,.the warrant requirement.” McGruder, 475 S.W.3d at 350. Because the statutory mandate could be carried out consistently with the- dictates of the Fourth Amendment, the court of appeals concluded, it was not unconstitutional on its face. Id. When the court of appeals was considering the merits of this case, it did not have the benefit of the decision of the United States Supreme Court in City of Los Angeles v. Patel, supra (determining the standard of review for facial constitutionality) or the decision of this Court in State v. Villarreal, 475 S.W.3d 784, 813 (Tex.Crim.App.2014) (<HOLDING>). We vacate the judgment of the court of Options: A. holding that the observation of evidence in plain view is not a search for purposes of the fourth amendment and does not require a warrant B. holding that section 724012b3b of the texas transportation code does not by itself form a constitutionally valid alternative to the fourth amendment warrant requirement C. holding that when acting pursuant to a valid warrant the police did not violate the fourth amendment by acting outside their jurisdiction in violation of state law D. holding that the doorway of the home is a public place for purposes of the warrant requirement of the fourth amendment E. holding valid conditions for execution of the warrant which are constitutionally satisfactory stated in the affidavit that solicits the warrant and accepted by the issuing magistrate

assistant: The best answer is B. holding that section 724012b3b of the texas transportation code does not by itself form a constitutionally valid alternative to the fourth amendment warrant requirement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be assigned or otherwise transferred by either Party without the prior written consent of the other Party; provided, however , that either Party may, without such consent, but with notice to the other Party, assign this Agreement, in whole or in part, (i) in connection with the transfer or sale of all or substantially all of its assets or the line of business or Product to which this Agreement relates; (ii) to a successor entity or acquirer in the event of a merger, consolidation or change of control; or (iii) to any Affiliate. Any purported assignment in violation of the preceding sentence will be void. Any permitted assignee will assume the rights and obligations of its assignor under this Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective permitted successors and assigns. No transfer or assignment will relieve the transferor or assignor of any liability or obligations hereunder. BioVectra may not subcontract with any third party, including any Affiliate of BioVectra, to perform any of its obligations under this Agreement or the Quality Agreement without the prior written consent of Keryx. BioVectra will be solely responsible for the performance of any permitted subcontractor, and for costs, expenses, damages, or losses of any nature arising out of such performance as if such performance had been provided by BioVectra itself under this Agreement. BioVectra will cause any such permitted subcontractor to be bound by, and to comply with, the terms of this Agreement, as applicable, including all confidentiality, quality assurance, regulatory and other obligations and requirements of BioVectra set forth in this Agreement.

assistant: Assignments