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 we do not consider grounds for objection not raised in the trial court. Lewis v. State, 205 Ga. App. 29 (421 SE2d 339) (1992). The only ground preserved for appeal is the relevance of the street value testimony. Decided November 30, 1995. Richard A. Coleman, for appellant. Garry T. Moss, District Attorney, Cecelia Harris, Assistant District Attorney, for appellee. The evidence of street value is probative in the sense that it may have explained Edwards’ extreme nervousness when Bishop first stopped the vehicle, and allowed the jury to decide how plausible it would be for someone other than Edwards to have concealed cocaine worth millions of dollars behind the rear seat of Edwards’ car without his knowledge. See Scott v. State, 170 Ga. App. 409, 411 (3) (317 SE2d 282) (1984) (<HOLDING>). Thus, this enumeration has no merit. 9. Options: A. holding that where a defendant left his duffel bag at his cousins house and authorized the cousin to use the bag the cousin clearly had authority to consent to its search B. holding that the owner of a shoulder bag located on the front seat of his girlfriends car had a legitimate expectation of privacy in the bag and its contents C. holding that where defendant denied knowledge of the cocaine in his bag it was not error to allow testimony of its street and wholesale value D. holding evidence of prior drug sales admissible under 404b to show knowledge and intent where defendant claimed he did not know that the gym bag he took possession of contained two kilograms of cocaine E. holding that an indictment that referred to wholesale quantities of cocaine and cocaine base was sufficiently broad to include the specific quantities of drugs actually found by the jury

assistant: The best answer is C. holding that where defendant denied knowledge of the cocaine in his bag it was not error to allow testimony of its street and wholesale value
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: his motion that had not already been presented to and rejected by it in its earlier decision affirming the IJ’s denial of asylum, withholding of removal, and protection under the CAT. See § 1003.2(b)(1). An examination of the record confirms that the evidence upon which Sunarto relies in his motion, including the incidents described in his affidavit, reiterate instances of harassment and discrimination that Sunarto described during his hearing before the IJ. In particular, the affidavit merely recounts Sunarto’s claims that he witnessed harassment of ethnic Chinese and non-Muslims during unrest in Indonesia in 1983, May 1998, and in 1999. In his motion, Sunarto never claims that he was physically injured during these incidents. See Mikhailevitch v. INS, 146 F.3d 384, 390 (6th Cir.1998) (<HOLDING>). Nor does he claim that his family members Options: A. holding that harassment or discrimination does not rise to the level of persecution under the ina unless it is accompanied by physical punishment infliction of harm or significant deprivation of liberty B. holding that to constitute persecution harm must be more than harassment C. holding that to constitute persecution the harm must rise above mere harassment D. holding that incidents of harassment and unfulfilled threats of injury are not persecution absent physical harm E. holding that conduct actionable as state claim for defamation does not rise to level of liberty deprivation simply because government officials are involved

assistant: The best answer is A. holding that harassment or discrimination does not rise to the level of persecution under the ina unless it is accompanied by physical punishment infliction of harm or significant deprivation of liberty
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: Neither Party hereto may assign any of his respective duties or obligations under this Agreement without the express written consent of the other Party; except that Buyer may, without the consent of Seller but after providing notice to Seller, assign any of its rights and delegate any of its obligations under this Agreement to any entity that is an Affiliate of Buyer, or to any subsequent acquirer of all or substantially all of the assets of Buyer and may assign any of its rights under this Agreement as collateral security for any lender providing financing to Buyer. Subject to the foregoing, this Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns. Nothing in this Agreement is intended to confer, expressly or by implication, upon any other Person any right or remedy under or by reason of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: to the MicroStrategy Defendants collectively (and not also to PwC). 28 . In re Orbital Sciences Corp. Sec. Litig., 58 F.Supp.2d 682, 687 (E.D.Va.1999); see, e.g., Chill v. General Electric Co., 101 F.3d 263, 270 (2d Cir.1996); In re Worlds of Wonder Sec. Litig., 35 F.3d 1407, 1426 (9th Cir.1994); In re Peritus Software Servs., Inc. Sec. Litig., 52 F.Supp.2d 211, 223 (D.Mass.1999) (noting that "[a] host of courts have held that a mere failure to recognize revenue in accordance with GAAP does not, in itself, suffice to establish scienter.”). 29 . In re Comshare, 183 F.3d at 553 (internal quotation marks omitted, alteration in original). 30 . In re The Baan Co. Sec. Litig., 103 F.Supp.2d 1, 21 (D.D.C.2000); see, e.g., Chalverus v. Pegasystems, Inc., 59 F.Supp.2d 226, 233-36 (D.Mass.1999) (<HOLDING>); cf., e.g., In re Comshare, 183 F.3d at 553 Options: A. holding that the fact that the company violated gaap when viewed in light of significant overstatements of revenue tended to support inference of scienter B. holding that failure to follow gaap without more is insufficient to establish scienter C. holding that when reviewing a challenge to the sufficiency of the evidence all evidence is viewed in the light most favorable to the government D. holding that significant gaap violations described with particularity may provide powerful indirect evidence of scienter E. holding that 20 of individual defendants holdings raised an inference of scienter

assistant: The best answer is A. holding that the fact that the company violated gaap when viewed in light of significant overstatements of revenue tended to support inference of scienter
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: There is no pending or, to the best knowledge of Seller, threatened action or proceeding (or basis for any action or proceeding), to which Seller is a party or involving any of the Assets or which could materially affect Seller’s ability to execute and deliver this Agreement or to perform each of its obligations contemplated hereby. Seller is not subject to any judgment, order, writ, injunction, decree or regulatory directive or agreement preventing them from executing, delivering and performing its obligations under this Agreement and the other agreements, documents and instruments contemplated hereby.

assistant: Litigations
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 will not be effective with respect to the Company until the satisfaction of the following conditions subsequent: CEC and CAC shall have (a) reached agreement on the terms and conditions of, and executed and delivered, the Merger Agreement in form and substance reasonably acceptable to the Company and (b) obtained the Sponsor Agreements in form and substance reasonably acceptable to the Company, in each case of (a) and (b), by the Outside Merger Date.

assistant: Effectiveness
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 binding upon, and inure solely to the benefit of, the General Partner and the Partnership, and their respective heirs, executors, administrators, successors and assigns, and no other person shall acquire or have any right under or by virtue of this Agreement. This Agreement shall not be assignable by any party hereto, except with the prior written consent of the other parties hereto. Any attempted assignment or transfer in violation of this Agreement shall be null, void and ineffective.

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: Associate shall not, at any time during employment and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage or be damaging the Company or their respective officers, directors, employees, advisors, businesses or reputations. This restriction shall not apply to statements or representations made pursuant to Section 1(a) of this Agreement. (d) Reasonableness of Restrictions; Right to Injunction. Associate expressly acknowledges and agrees that the restrictions set forth in this Agreement are reasonable in all respects and no greater than necessary to protect the Company’s legitimate business interests. Associate also agrees that the Company shall be entitled, as a matter of right, to specific performance of the covenants in this Agreement, including preliminary and permanent injunctive relief, or other appropriate judicial remedy, in any court of competent jurisdiction. Such remedies shall be in addition to all other remedies available to the Company.

assistant: Non-Disparagement
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: Pfizer further represents, warrants and covenants that, at the time of delivery to Customer, the Product Manufactured under this Agreement will have been Manufactured in accordance with cGMP and all other applicable law, the Quality Agreement, and Specifications.

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 for the payment of benefits under Section 3.01(a), the payment of benefits under Section 3.01 is subject to the Participant’s timely execution and return of a Waiver and Release to the Employer, without subsequent revocation during the seven-day period following such execution date (the “ Waiver and Release Revocation Period ”). The Participant shall have 45 days following the date of the Participant’s Covered Termination to consider, execute and return the Waiver and Release to the Employer and shall then have the right to revoke the Waiver and Release during the Waiver and Release Revocation Period. If the Participant fails to timely execute and return the Waiver and Release to the Employer or revokes such Waiver and Release during the Waiver and Release Revocation Period, then the Participant shall forfeit, and shall not be entitled to, any of the benefits described under Section 3.01, except for benefits under Section 3.01(a). In the event the time period during which a completed Waiver and Release must be submitted and made effective spans across two calendar years, the benefits described under Section 3.01, except for the benefits under Section 3.01(a), will be paid in the second calendar year.

assistant: 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: Commerce Sept. 19, 2011) (final results of antidumping duty administrative review) {/‘Final Results ”), and accompanying Issues & Decision Memorandum, A-583-833, ARP 09-10 (Sept. 19, 2011), Admin. R. Pub. Doc. 8, available at http://ia. ita.doc.gov/fmlsummarylTAIWAN/201124010-l.pdf (last visited August 28, 2012) ("I & D Mem.”) (adopted in Final Results, 75 Fed. Reg. at 57,955). 2 . G & A expenses are also known collectively as "financial ratios[.]” See, e.g., Dorbest Ltd. v. United States, 30 CIT 1671, 1674, 462 F.Supp.2d 1262, 1266 (2006). 3 . Zeroing is the practice of "treatfing] transactions [or sales] that generate 'negative' dumping margins (i.e., a dumping margin with a value less than zero) as if they were zero.” Timken Co. v. United States, 354 F.3d 1334 at 1338 (Fed.Cir.2004) (<HOLDING>). Under this approach, only sales at less than Options: A. holding that agency interpretation which is reasonable is entitled to deference B. holding that 19 usc 167735 is ambiguous and that zeroing is a reasonable interpretation C. holding that 19 usc 167735a is ambiguous and that offsetting is also a reasonable interpretation D. holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation E. holding that when relevant contract language is ambiguous interpretation is turned over to the factfinder

assistant: The best answer is B. holding that 19 usc 167735 is ambiguous and that zeroing is a reasonable interpretation
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 statute’s coverage unincorporated entities that also have the capacity to accumulate wealth “does not undermine its justification for regulating corporations.” Ibid. Moreover, labor unions differ from corporations in that union members who disagree with a union’s political activities need not give up full membership in the organization to avoid supporting its political activities. Although a union and an employer may require that all bargaining unit employees become union members, a union may not compel those employees to support financially “union activities beyond those germane to collective bargaining, contract administration, and grievance adjustment.” Communications Workers v. Beck, 487 U. S. 735, 745 (1988). See also Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977) (<HOLDING>). An employee who objects to a union’s Options: A. holding that compelling nonmember employees to contribute to unions political activities infringes employees first amendment rights B. recognizing that the first amendment forbids government officials to discharge public employees for not being supporters of the political party in power C. holding that probation department employees are not county employees D. holding that independent contractor claiming termination of contract because of lobbying and other political activities not protected by first amendment E. holding that njeither the right to associate nor the right to participate in political activities is absolute and congress may prohibit federal employees from participating in political activities in view of its interest in maintaining a nonpartisan work force

assistant: The best answer is A. holding that compelling nonmember employees to contribute to unions political activities infringes employees first amendment rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All disputes involving Arbitrable Claims shall be decided by a single arbitrator. The arbitrator shall be selected by mutual agreement of the parties within 30 days of the effective date of the notice initiating the arbitration. If the parties cannot agree on an arbitrator, then the complaining party shall notify the AAA and request selection of an arbitrator in accordance with the AAA Employment Rules. The arbitrator shall have only such authority to award equitable relief, damages, costs, and fees as a court would have for the particular claim(s) asserted. The arbitrator shall have exclusive authority to resolve all Arbitrable Claims, including, but not limited to, whether any particular claim is arbitrable and whether all or any part of this Agreement is void or unenforceable.

assistant: Authority
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: was not a substantial amount. Id. Thus, the court determined that the lease contained an implied covenant of continued use. In reaching its conclusion, the Eighth Circuit declined to follow applicable Mis souri law as set forth in Crestwood Plaza, Inc. v. Kroger, 520 S.W.2d 93 (Mo.App. E.D.1974). In that case, this Court held that the mere fact that a rental provision of a lease was based upon a combination of a fixed rent and a percentage rent is insufficient to find an implied covenant of continued use. Crestwood Plaza, Inc., 520 S.W.2d at 97; see also EMRO, 855 F.2d at 531 (McMillian, J., dissenting). In fact, Missouri courts consistently refuse to find implied covenants in clearly drafted leases. See Halls Ferry Investments, Inc. v. Smith, 985 S.W.2d 848, 852-53 (Mo.App. E.D.1998) (<HOLDING>); Michigan Sporting Goods Distributors, Inc. v. Options: A. recognizing implied covenant to market gas B. holding that in the employment context cause of action seeking tort remedies for breach of implied covenant is not permitted recovery for breach of this covenant is limited to contract remedies C. holding language of lease did not indicate implied covenant of continued use D. holding that where a commercial lease requires landlords consent before assigning the lease or subletting the leased premises implied covenant prohibited landlord from withholding consent unreasonably E. holding where parties had not reached a binding contract the implied covenant of good faith and fair dealing did not apply

assistant: The best answer is C. holding language of lease did not indicate implied covenant of continued use
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: could have hoped that I.W.’s incarceration would make her hostile toward the prosecution and cause her to slant her testimony in his favor. But this argument assumes that Raphael’s attorney had a sufficiently accurate view of the scope of the error and deliberately chose to waive any objection. In Noffke v. State, we held that, although defense counsel had failed to object to an instruction given to the jury during its deliberations and outside the defendant’s presence, we would reach the issue on appeal because there was “nothing in the record to show that [the defendant’s] trial counsel had any knowledge ... of the fact that the trial judge had given the jury this supplemental instruction.” He f Anchorage, 736 P.2d 349, 352 (Alaska 1987) (not . 202, 50 L.Ed.2d 194 (1976) 1971) (<HOLDING>). 15 . Cf. E.L.L. v. State, 572 P.2d 786, 789 Options: A. holding it was within the chancellors discretion to find that though the husband was in contempt the contempt was not willful B. holding that when the contempt is committed in the presence of the court the court may dispense with usual due process requirements and immediately and summarily adjudge the case C. holding that incarceration for civil contempt cannot be imposed absent a finding by the trial court that the eontemnor has the present ability to purge himself of contempt D. holding that a civil contempt defendant has a right to a jury trial when the act of contempt was not committed in the presence of the court and when the incarceration is in part punitive E. holding corporation and its president in criminal contempt because previous order of civil contempt had not been purged

assistant: The best answer is D. holding that a civil contempt defendant has a right to a jury trial when the act of contempt was not committed in the presence of the court and when the incarceration is in part punitive
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: 826, 618 N.Y.S.2d 50, 50 51 (1994) (denying underinsurance benefits to daughter of corporation's owner because corporate policy provided coverage for 'owned autos only' "); Kitts v. Utica National Ins. Group, 106 Ohio App.3d 692, 667 N.E.2d 30, 31 (1995), appeal denied, 74 Ohio St.3d 1513, 659 N.E.2d 1289 (1996) ("There, as here, the policy language clearly differentiated between corporate entities and individuals”); Grain Dealers Mut. Ins. Co. v. McKee, 943 S.W.2d 455, 459 (Tex.1997) (rejecting argument that references to family members in policy issued to corporation provided coverage for sole shareholder’s daughter). Recently, an intermediate appellate court in Illinois reached a similar conclusion. Rohe v. CNA Ins. Co., 312 Ill.App.3d 123, 244 Ill.Dec. 442, 726 N.E.2d 38, 43 (2000) (<HOLDING>). 6 . Neither the children nor the amicus Options: A. holding that a hit and run or unknown driver is deemed to be uninsured for purposes of the uninsured motorist statute B. holding that language requiring insurer to pay all sums which the insured shall be legally entitled to recover as damages from the owner or operator of an uninsured automobile includes recovery of exemplary damages under uninsured motorist provision of policy C. holding term third party did not include an uninsured motorist carrier D. holding business automobile policy issued to a corporation did not provide uninsured motorist coverage for owners son E. holding that parent corporation could not waive uninsured motoristunder insured motorist coverage without written consent of subsidiary

assistant: The best answer is D. holding business automobile policy issued to a corporation did not provide uninsured motorist coverage for owners son
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 represents the entire agreement between the parties hereto with regard to the subject matter hereof and is intended to supersede and does supersede any and all prior agreements (oral or written) between the parties hereto.

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: snowshoe hare ruby-crowned kinglet pygmy nuthatch white-tailed ptarmigan white-crowned sparrow merriam’s turkey yellow-bellied sapsucker macgillivray’s warbler northern three-toed woodpecker Tr. Vol. XV, 190-95, 203-04. 10 . See Tr. Vol. XV, 178-79. 11 . See Tr. Vol. I, 162. 12 . See Tr. Vol. I, 125. 13 . As the Herrington court noted, the fact that a computer model is approved for use in this case does not necessarily justify agency use of the model in all future cases. Herrington, 768 F.2d at 1391. Rather, the agency is under a continuing duty to evaluate the accuracy of a computer model, through empirical testing if possible, and to abandon or improve the model if shown to be unreliable. Id. See also Ohio v. E.P.A., 784 F.2d 224, 226-31, affd, 798 F.2d 880, 882 (6th Cir. 1986) (<HOLDING>). 14 . The EA cites to the work of Bartlet, Options: A. holding that a motion for administrative reconsideration which congress did not order the agency to entertain which the agency dismissed in relevant part on procedural grounds and which the petitioner filed over sixty days after the agency acted cannot effectively extend retroactively the thirtyday period congress specified for judicial review petitions B. holding that an order by the trial court remanding the cause to the agency to impose a sanction other than the one imposed by the agency was not a final and appealable order because it did not terminate the litigation between the parties on the merits C. holding that while every agency use of computer models need not be validated at each site for which the model is used where the statutory language required the agency to gather empirical data and where there was a factor which all parties agreed was significant but the effect of which was untested and unknown the agency was not entitled to rely on the model without empirically testing it at the site D. holding that agency interpretation which is reasonable is entitled to deference E. holding that the power of any administrative agency to reconsider its final decision exists only where the statutory provisions creating the agency indicate a legislative intent to permit the agency to carry into effect such power

assistant: The best answer is C. holding that while every agency use of computer models need not be validated at each site for which the model is used where the statutory language required the agency to gather empirical data and where there was a factor which all parties agreed was significant but the effect of which was untested and unknown the agency was not entitled to rely on the model without empirically testing it at the site
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: devised for low-value convenience accounts. Meanwhile, brokerage houses with their so-called cash management accounts and mutual funds with their money market accounts have rendered securities subject to small recurrent transactions. In the latest developments, even the line between real estate and bank accounts is becoming indistinct, as the “home equity line of credit” creates a check-writing conduit to real estate values. Uniform Probate Code art. VI prefatory note (revised 1989 version), 8 U.L.A. 428 (1997). On this record, therefore, and in light of the realities of the financial industry, I agree that there is sufficient evidence to apply Section 6303(a) of the Multiple-Party Accounts Act, 20 Pa.C.S. § 6303(a). Cf. In re Estate of Ashe, 117 Idaho 266, 787 P.2d 252, 254 (1990) (<HOLDING>). Justice CASTILLE joins this concurring Options: A. recognizing the evolving nature of financial services in acknowledging that litigants may be able to demonstrate that stock brokerage firms are financial institutions under idahos probate code B. holding that punitive damages award against vicariously liable law firm was not excessive in part because the award is proportionate to the law firms financial position C. holding that representation as to financial solvency of partnership was statement of financial condition because it reflected overall economic condition of partnership D. holding that access to financial information was reasonably related to a defendants narcotics convictions because financial gain motivated the underlying crimes E. holding that the definition of covered business method patent is not limited to products and services of only the financial industry or to patents owned by or directly affecting the activities of financial institutions

assistant: The best answer is A. recognizing the evolving nature of financial services in acknowledging that litigants may be able to demonstrate that stock brokerage firms are financial institutions under idahos probate code
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: arguments on appeal. First, summary judgment should not have been granted because his motion to compel was still pending. Second, the officers did not have probable cause for his arrest. Third, the individual defendants were not entitled to official immunity on his state law claims. Fourth, the city had waived its sovereign immunity. We address each issue below. A. Generally, “summary judgment should not be granted until the party opposing the motion has had an adequate opportunity for discovery.” Snook v. Trust Co. of Ga. Bank of Savannah, N.A., 859 F.2d 865, 870 (11th Cir.1988). See also Fed. R.Civ.P. 56(f). But summary judgment can be appropriate if the additional discovery is already in the plaintiffs possession. See Leigh v. Warner Bros., Inc., 212 F.3d 1210,1219 (11th Cir.2000) (<HOLDING>). We review the district court’s decision to Options: A. holding that a district court judge to whom a case had been reassigned could grant the defendants motion for summary judgment after the previous judge had denied the motion B. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion C. holding that a district court may not grant summary judgment without giving plaintiff an opportunity to submit materials admissible in a summary judgment proceeding or allowing a hearing on defendants motion D. holding that the trial court may not grant summary judgment on a ground not raised in the motion E. holding that the court had an adequate record to grant the defendants motion for summary judgment because the relevant evidence would have been in plaintiffs possession

assistant: The best answer is E. holding that the court had an adequate record to grant the defendants motion for summary judgment because the relevant evidence would have been in plaintiffs possession
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 poisonous tree. At the hearing in this matter, AUSA Norm Cairns acknowledged that the Tenth Circuit’s case law examining this question does not resolve the instant inquiry. See 2/3/11 Tr. of Proceedings at 70 (“[W]e hope to get some clarification from this Court, potentially from the Tenth Circuit, one way or the other.... [This] was something of a test case[J”). The Court has therefore looked beyond Tenth Circuit authority to out-of-circuit case law, as well as a district court opinion from elsewhere in this Circuit, for guidance. Whereas the Tenth Circuit has expressly held that identity evidence may be suppressed as fruit of the poisonous tree, other circuit courts have held precisely the opposite. See, e.g., United States v. Farias-Gonzalez, 556 F.3d 1181, 1182 (11th Cir.2009) (<HOLDING>); United States v. Garcia-Beltran, 443 F.3d Options: A. holding that malicious prosecution claim accrues when underlying prosecution is terminated B. holding probation revocation is not a stage of a criminal prosecution C. holding that identityrelated evidence is not suppressible when offered in a criminal prosecution only to prove who the defendant is D. holding that the due process clause is violated if the prosecution fails to disclose material evidence that is favorable to a criminal defendant E. holding that some of the testimony is not being offered to prove the truth of the matter asserted and there fore is not hearsay

assistant: The best answer is C. holding that identityrelated evidence is not suppressible when offered in a criminal prosecution only to prove who the defendant is
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 Section 2.2, the term of employment of Executive by Luminex shall be two (2) year commencing on the Effective Date and shall thereafter automatically renew for successive additional one‑year terms unless either party provides the other with written notice of its intent not to renew this Agreement at least sixty (60) days prior to the end of the Term (including any renewal term, as applicable), unless terminated earlier pursuant to the provisions of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: Rule 137, defendants’ petition for statutory fees was improperly stricken. Although we might ordinarily remand this matter to the trial court to consider defendants’ fee petition anew, we find remand to be unnecessary. In their response to plaintiff’s motion to strike defendants’ fee petition, defendants argued: “Assuming this Court [i.e., the trial court] determines that the Defendants are required to show bad faith, the Petition for Attorney’s Fees does not require an evidentiary hearing. *** All of the allegations contained in Defendants’ Petition for Attorney’s Fees are reflected in the court file, pleadings and trial record. *** An evidentiary hearing will needlessly add delay and expenses to this matter.” See also No. 1 — 04—2135 (unpublished order under Supreme Court Rule 23) (<HOLDING>). Accordingly, we will conduct our own review Options: A. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing B. holding a coa applicant forfeited a claim of error in district courts failure to hold an evidentiary hearing by not seeking a hearing in his 2254 proceeding C. holding that when a parent asserts that an agreement is not in the best interests of a child the trial court must hold an evidentiary hearing D. holding that the magistrates recommended order terminating temporary supervision and placing the child in permanent guardianship was not supported by competent substantial evidence because the magistrate failed to hold an evidentiary hearing and that the failure to hold an evidentiary hearing violated the fathers due process rights E. holding that where defendants counsel objected to the trial judges evidentiary rulings in evidentiary hearing but did not object to the defendants absence any claim of error due to defendants absence had been waived

assistant: The best answer is A. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing
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: Company hereby represents and warrants to the Purchaser that the Company has the requisite corporate or other power and authority to enter into and perform its obligations under this Agreement, and this Agreement has been duly authorized, executed and delivered by Company, enforceable in accordance with its terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence, as that is a task best left for the finder of fact, and when an appellant raises a claim of insufficient evidence, we will accept the juvenile court’s findings of fact unless no reasonable evidence supports those findings. Jesus M. v. Ariz. Dep’t of Econ. Sec., 203 Ariz. 278, 280, ¶ 4, 53 P.3d 203, 205 (2002). ¶ 25 Consistent with this purpose, findings of fact and conclusions of law should be sufficiently specific to enable the appellate court to provide effective review. This conclusion is consistent with our interpretation of analogous rules and statutes that require express factual findings. We demand the level of specificity necessary to determine whether the trial court correctly applied the law. See Gilliland v. Rodriquez, 77 Ariz. 163, 167, 268 P.2d 334, 337 (1954) (<HOLDING>). Findings must include “all of the ‘ultimate’ Options: A. holding that the district court may adopt facts contained in the psr without further inquiry if the facts have an adequate evidentiary basis and the defendant does not present rebuttal evidence 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 a proper review of the sufficiency of the evidence under the due process clause gives full play to the responsibility of the trier of fact fairly to resolve conflicts in the testimony to weigh the evidence and to draw reasonable inferences from basic facts to ultimate facts D. holding federal courts should follow state court decisions that are based on facts essentially indistinguishable from the facts at hand E. holding the record did not contain enough facts to determine whether the statute was constitutional as applied to the particular facts and circumstances of the case

assistant: The best answer is 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
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 several counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same Agreement. Facsimile and PDF signatures shall be deemed to be of equal force and effect as originals.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If, at the time of enforcement of any of the obligations in Section 8 , a court shall hold that the duration, scope, or area restrictions are unreasonable, the parties agree that the maximum duration, scope, or area reasonable, as determined by the court, shall be substituted and that the court shall enforce the obligations as modified. In the event of a breach or threatened breach by Executive of Section 7 , Section 8 or Section 9 of this Agreement, Executive hereby consents and agrees that Company shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief. In addition, in the event of an alleged breach or violation by Executive of the obligations in Section 8 , the applicable period of restriction shall be tolled until such breach or violation has been cured.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower will not change its name, identity or legal form unless it shall have: (i) given the Lender written notice thereof within thirty (30) days after the occurrence thereof and (ii) delivered to the Lender all financing statements, instruments and other documents reasonably requested by the Lender in connection with such change; provided that unless a Facility Termination Event exists and is continuing hereunder and the Lender is exercising rights and remedies hereunder, the Borrower shall not be required to take any action to document, grant or perfect any Lien under or pursuant to the laws of any Foreign Jurisdiction. The Borrower shall not relocate its chief executive office or any office where Records are kept unless the Borrower gives the Lender notice thereof within fifteen (15) days after each such relocation.

assistant: Records
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 Amendment may be executed in any number of counterparts by the parties hereto (including by facsimile or electronic transmission), each of which counterparts when so executed shall be an original, but all the counterparts shall together constitute one and the same instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Except to the extent that this Agreement or a court order expressly provides for payments to be allocated to a particular Lender or to the Lenders under a particular Facility or Lenders holding a particular tranche , if any Lender (a “ Benefitted Lender ”) shall at any time receive any payment of all or part of the Obligations owing to it (other than in connection with an assignment made pursuant to Section 10.6 or a prepayment pursuant to Section 2.25), or receive any collateral in respect thereof (whether voluntarily or involuntarily, by set-off, pursuant to events or proceedings of the nature referred to in Section 8.1(f), or otherwise), in a greater proportion than any such payment to or collateral received by any other Lender, if any, in respect of such other Lender’s Obligations, such Benefitted Lender shall purchase for cash from the other Lenders a participating interest in such portion of each such other Lender’s Obligations, or shall provide such other Lenders with the benefits of any such collateral, as shall be necessary to cause such Benefitted Lender to share the excess payment or benefits of such collateral ratably with each of the Lenders; provided , however , that if all or any portion of such excess payment or benefits is thereafter recovered from such Benefitted Lender, such purchase shall be rescinded, and the purchase price and benefits returned, to the extent of such recovery, but without interest; provided further , that to the extent prohibited by applicable law as described in the definition of “Excluded Swap Obligation,” no amounts received from, or set off with respect to, any Guarantor shall be applied to any Excluded Swap Obligations of such Guarantor.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon receipt, when delivered personally or by courier, overnight delivery service, electronic mail (email) or confirmed facsimile, seventy-two (72) hours after being deposited in the regular mail as certified or registered mail (airmail if sent internationally) with postage prepaid, if such notice is addressed to the party to be notified at such party’s address or facsimile number as set forth on the signature page or Exhibit A below, or as subsequently modified by written notice.

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: Any notice to the Company provided for in this Agreement will be addressed to it in care of its Secretary, TechnipFMC plc, 11740 Katy Freeway, Houston, Texas 77079, and any notice to the Participant (or other person entitled to receive the PSUs) will be addressed to such person at the Participant’s address now on file with the Company, or to such other address as either may designate to the other in writing. All notices will be deemed to be duly given as provided in Section 13 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: significant danger [to] the physical well being of the community.’ ” Referring to this assessment as a “diagnosis,” the court held that it was error to admit the psychotherapist’s opinion in evidence because the juvenile’s communications were implicit in the diagnosis. Id. at 526. 8 Because of the waiver, we do not view as controlling the intimation in Clancy, supra at 667, that, when the purpose of a hospitalization requires disclosure of a diagnosis, “the purpose is within the privilege” and therefore not admissible. Reference to specific diagnostic terms cataloged in the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (DSM) would, in most instances, not fall under the privilege. See Lambley v. Kameny, 43 Mass. App. Ct. 277, 278 n.4 (1997) (<HOLDING>). There may, of course, be instances when Options: A. holding that the standard of review for the sufficiency of the evidence is the same as the standard for denying a motion for a directed verdict B. recognizing dsm as standard authority for diagnostic criteria of mental disorders C. holding that the standard for a motion for judgment on the pleadings is the same as the standard for a motion to dismiss D. recognizing frequent use of respect for municipal boundaries as criteria in evaluating redistricting plan E. recognizing culpability as important criteria for eighth amendment excessive fines claim

assistant: The best answer is B. recognizing dsm as standard authority for diagnostic criteria of mental disorders
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 addition to the Base Salary and Incentive Compensation, the Executive will be entitled to such benefits as may be available from time to time for employees of the Employer. All such benefits will be awarded and administered in accordance with the Employer’s standard policies and practices. Such benefits may include, by way of example only, health, dental, vision, profit-sharing plans, retirement, and disability insurance benefits and such other benefits as the Employer deems appropriate.

assistant: Benefits