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: all of the circumstances, to apprise interested parties of the pendency of the settlement proposed and to afford them an opportunity to present their objections. See, e.g., Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94 L.Ed. 865 (1950) (“An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity present their objections.”); Mars s case clearly satisfies all of the necessary requirements. The Class Notice indicates the nature of the pending litigation. Stipulation of Settlement, Ex. F-2, at 4-7. The Class Notice indicates that any 00, 503 (10th Cir.1975) (<HOLDING>). 117. Though the Court will address all of the Options: A. holding that notice of judgment was insufficient B. holding that notice apprised class members sufficiently of information that notice was intended under the rule to convey C. holding that notice to the attorney of record constitutes notice to the petitioner D. holding that notice to supervisor is notice to city E. holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members

assistant: The best answer is B. holding that notice apprised class members sufficiently of information that notice was intended under the rule to convey
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by uploading these photos/images the person uploading the picture ( s ) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties ( including , but not limited to , accommodation owners ) due to booking.com publishing and using these photos/images .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his right to allocution. Under OCGA § 17-10-2, during a presentence hearing, the judge shall “hear argument by the accused or the accused’s counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed.” Here, because trial counsel spoke on his client’s behalf (and Pepe-Frazier even made a brief statement), 3) (751 SE2d 74) (2013) (noting that, because “the relatively brief testimony of [a law-enforcement officer] regarding gangs generally was dwarfed by the magnitude of testimony of the many witnesses offering evidence implicating [the defendant] in specific crimes of violence,” it was highly probable that any such error in admitting the testimony did not contribute to the jury’s verdicts); Sanders v. State, 251 Ga. 70, 76 (3) (303 SE2d 13) (1983) (<HOLDING>). 16 U. S. Const. amend. VIII (“Excessive bail Options: A. holding that improper admission of expert testimony was harmless in light of otherwise overwhelming evidence and fact that testimony covering substantially the same area was introduced without challenge B. holding the error harmless in light of the overwhelming evidence of guilt C. holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction D. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt E. holding that the admission of expert testimony was prejudicial where the testimony was pervasive

assistant: The best answer is A. holding that improper admission of expert testimony was harmless in light of otherwise overwhelming evidence and fact that testimony covering substantially the same area was introduced without challenge
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The term "Confidential Information" does not include information which (iii) becomes available to the Receiving Party on a non-confidential basis from a source other than the Furnishing Party, provided that such source is, to the best of the Receiving Party's knowledge, not bound by a confidentiality agreement with the Furnishing Party or otherwise prohibited from transmitting the information to the Furnishing Party by a contractual, legal or fiduciary obligation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware; provided, however, that any cause of action for violation of federal or state securities laws shall not be governed by this Section 12.9.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used in this Section 6 or in Section 7 but not otherwise defined in this Section 6 or in Section 7 shall have the meanings ascribed to them in Section 12.

assistant: Change In Control
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: employee.” Lenoir v. Roll Coater, Inc., 13 F.3d 1130 (7th Cir.1994) citing Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). In this case, the Defendants state that Turner was fired because management honestly believed that Turner had directed threats towards other employees. The testimony of Gibbons, Woodward and Overstreet supports that story. The Court finds that the Defendants’ explanation has a reasonable basis in fact. The Court also finds that Turner’s alleged conduct, if true, would be sufficient to warrant discharge. There is no question that if the Defendants honestly believed that Turner actually made threats of violence, that Turner could be rightfully discharged. See Lenoir v. Roll Coater, 13 F.3d 1130, 1133 (7th Cir.1994) (<HOLDING>). 3. Pretext. Because the Defendants’ Options: A. holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made B. holding that if management honestly believed that the plaintiff employee possessed a weapon wielded at coworkers and made menacing comments then management had a reasonable explanation for discharging the plaintiff employee C. holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct D. holding that a partner in and accounting firm who brought an action under the age discrimination in employment act adea and the employee retirement income security act erisa was considered an employee because he was subject to the control of a management committee which acted in secrecy and had no bona fide ownership interest fiduciary relationship voting right or management control E. holding that a plaintiff must comply with the notice of claim requirements in order to maintain an action against a government employee even if the plaintiff claims that the employee acted with fraud or malice

assistant: The best answer is B. holding that if management honestly believed that the plaintiff employee possessed a weapon wielded at coworkers and made menacing comments then management had a reasonable explanation for discharging the plaintiff employee
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 which such conduct reasonably points.” Boling v. State, 982 N.E.2d 1055, 1057 (Ind. Ct. App. 2013). Henson asserts that there is no evidence that he touched.either Daniel or Patterson. And he maintains that the State did not prove the mens rea elements of each offense. In particular, he contends that .there is. no evidence that he had the specific intent to use the car as a deadly weapon. We address each contention in turn. . . Touching As our Supreme Court has stated, “[w]hile battery requires [a] defen dant to have intended to touch another person, [he] need not personally touch another person since battery may be committed by the unlawful touching by [the] defendant or by any other substance put in motion by [the] defendant.” Matthews v. State, 476 N.E.2d 847, 850 (Ind. 1985) (<HOLDING>) (emphasis added). Here, the State presented Options: A. holding that the rule 404b evidence admitted to prove intent was clearly relevant because intent was at issue in the trial B. holding that the encounter between an officer and the defendant did not rise to the level of a terry stop until the defendant gave the officer his license and the officer informed the defendant that he was going to be given a patdown C. holding intent to touch satisfied where defendant fired bullets at officer D. holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation E. holding that where congressional intent is clear a court must give effect to such intent

assistant: The best answer is C. holding intent to touch satisfied where defendant fired bullets at officer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Texas state substantive law governs this contractual relationship. Under Texas law, the proper damages award for a breach of contract is the amount necessary to put the party in “the same economic position in which it would have been had the contract not been breached.” CDB Software, Inc. v. Kroll, 992 S.W.2d 31, 37 (Tex.App.Houston [1st Dist.], 1998 pet. denied). Generally, the measure of damages meeting this standard is net profit. Specifically, the gross amount the non-breaching party would have received if the contract had been fulfilled should normally be reduced by any unpaid costs the non-breaching party would have to incur to complete performance of the contract. See Farris v. Smith Erectors, Inc., 516 S.W.2d 281, 283-84 (Tex.Civ.App.Houston [1st Dist.] 1974, no writ) (<HOLDING>); V.R. Wattinger Co. v. C.W. Moore, 475 S.W.2d Options: A. holding that if plaintiff substantially performed its contractual obligations then it would be entitled to the payment due under the contract less the cost of any correction of defects in its performance even if it breached the contract B. holding that a construction contractor is entitled to recover profits upon breach of a partially performed contract but not the same amount as if the contract were completed because that amount must be reduced by the cost of completion C. holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur D. holding that one method of computing damages for a breach of contract is the contract price less the reasonable cost of completion E. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract

assistant: The best answer is B. holding that a construction contractor is entitled to recover profits upon breach of a partially performed contract but not the same amount as if the contract were completed because that amount must be reduced by the cost of completion
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: where a plaintiff had discovered the defendant’s alleged negligence before the statute of limitations had expired, but then waited two years before filing the complaint. See New Castle County, 111 F.3d at 1126. In contrast to these cases, Scary filed his motion for ifp and motion for counsel along with his complaint well within the initial 90-day period. He resubmitted copies of his complaint and right to sue letter with his January 10, 2000 letter and his “Motion for Reopening.” No inference of dilatory or inequitable conduct can be drawn from the plaintiffs failure to pay the filing fee immediately after the motion for ifp was denied, given that the motion for counsel was still pending and given what was told to him. See Brown v. J.I. Case Co., 756 F.2d 48, 51 (7th Cir.1985) (<HOLDING>). The Court finds that Scary acted with Options: A. holding that a rule 12b6 motion to dismiss should be treated as a motion for summary judgment when plaintiffs counsel relied upon facts outside the four corners of the complaint during oral argument of the motion B. holding that the statute of limitations should be tolled until both the motion for ifp and the motion for counsel are ruled upon C. holding statute of limitations should not be equitably tolled for taxpayer who filed a refund claim after the applicable statute of limitations D. holding that the limitations period should be tolled until the plaintiff became aware of the facts necessary to support a charge of discrimination E. holding that because the finality of judgment is effectively postponed by the timely filing of a motion under rule 59 the deadline for filing a motion for attorneys fees is tolled until the postjudgment motion is resolved

assistant: The best answer is B. holding that the statute of limitations should be tolled until both the motion for ifp and the motion for counsel are ruled upon
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: contain any material which is defamatory of any person , obscene , offensive , hateful or inflammatory , promote sexually explicit material or promote violence or promote discrimination based on race , sex , religion , nationality , disability , sexual orientation or age ;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Debtor fails to pay promptly when due to any person or entity monies which the Debtor is required to pay by reason of any provision in this Pledge Agreement, Pledgee may, but need not, pay the same and charge the Debtor’s account therefor, and the Debtor shall promptly reimburse Pledgee therefor. Any payments made by Pledgee shall not constitute: (a) an agreement by Pledgee to make similar payments in the future, or (b) a waiver by Pledgee of any default under this Pledge Agreement. Pledgee need not inquire as to, or contest the validity of, any such expense, tax, security interest, encumbrance or lien and the receipt of the usual official notice for the payment thereof shall be conclusive evidence that the same was validly due and owing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Investor covenants that neither it nor any affiliates acting on its behalf or pursuant to any understanding with it will execute any transactions in Common Shares of the Company, including Short Sales, during the period after the Discussion Time and ending at the time that the transactions contemplated by this Subscription are first publicly announced through a press release and/or Current Report on Form 8-K. Notwithstanding the foregoing, if the Investor is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of the Investor’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of the Investor’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Shares covered by this Subscription. The Investor covenants that until such time as the transactions contemplated by this Subscription are publicly disclosed by the Company through a press release and/or Current Report on Form 8-K, the Investor will maintain the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

assistant: Confidentiality
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 term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement in any other jurisdiction. If any provision of this Agreement is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the generalized Engle Phase I findings. As we held in Kayton, the statute of repose is an individualized defense that can be adjudicated only based on the particular circumstances of each plaintiff. Kayton, 104 So.3d at 1150. Similar to Kayton, the entry of a partial summary judgment on the statute of repose defense deprived the Tobacco Companies of them right to defend on that issue and have the jury make the determination. Id. at 1151. Thus, we reverse the punitive damages award because it was based on the conspiracy claim. Like the situation in Kayton, the punitive damage award was not excessive, and we will allow the award to stand if on re-trial prevails on the statute of repose issue. Id.; see Cohen; see also Elmore v. Fla. Power Light Co., 895 So.2d 475, 479 (Fla. 4th DCA 2005) (<HOLDING>). Conclusion We affirm the trial court’s denial Options: A. holding that superior court erred in reversing trial courts order granting new trial and remanding for a new trial limited to apportionment of damages B. holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict C. holding that trial court erred by granting a directed verdict on statute of limitations defense and remanding for a new trial on the statute of limitations only D. holding that superior courts erred in granting judgment nov on a wrongful death claim and remanding for new trial on that claim and on damages E. holding that superior court erred in granting judgment nov and remanding for a new trial generally

assistant: The best answer is C. holding that trial court erred by granting a directed verdict on statute of limitations defense and remanding for a new trial on the statute of limitations only
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Agreement shall be brought only in the state or federal courts of Miami-Dade County, Florida. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Company and Buyer waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney’s fees and costs. In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has delivered to the Buyer copies of the financial statements filed by the Company with the SEC Reports (collectively, the “ Financial Statements ”). The Financial Statements have been prepared in accordance with GAAP, consistently applied, during the periods involved (except: (i) as may be otherwise indicated in such Financial Statements or the notes thereto; or (ii) in the case of unaudited interim statements, to the extent they may exclude footnotes or may be condensed or summary statements), and fairly and accurately present in all material respects the consolidated financial position of the Company and its Subsidiaries as of the dates thereof and the consolidated results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). To the best knowledge of the Credit Parties, no other information provided by or on behalf of the Credit Parties and its Subsidiaries to the Buyer, either as a disclosure schedule to this Agreement, or otherwise in connection with Buyer’s due diligence investigation of the Credit Parties and its Subsidiaries, contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements therein, in the light of the circumstance under which they are or were made, not misleading.

assistant: Financial Statements
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 obligations of the Employee pursuant to Sections 5, 6, 7, 8 and 9 will survive the termination of the employment of the Employee hereunder for the period designated under each of those respective sections.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that on our interpretation of the proviso, the mandatory minimum revocation sentence should include a fine as well as a term of imprisonment. See post, at 58. The term of probation, however, was imposed in lieu of a sentence of imprisonment, not in lieu of a fine. Revocation of the sentence of probation, we think, implies replacing the sentence of probation with a sentence of imprisonment, but does not require changing an unrevoked sentence earlier imposed. 13 See United States v. Penn, 17 F. 3d 70 (CA4 1994) (expressly declaring that the minimum revocation sentence is one-third of the top of the Guidelines range); United States v. Alese, 6 F. 3d 85 (CA2 1993) (per curiam) (same); United States v. Gordon, 961 F. 2d 426 (CA3 1992) (same); United States v. Clay, 982 F. 2d 959 (CA6 1993) (<HOLDING>), cert. pending, No. 93-52; United States v. Options: A. holding a sentence within the advisory guidelines range is presumptively reasonable B. holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines C. holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum D. holding that the maximum revocation sentence is the top of the guidelines range E. holding that the defendants sentence was within the guidelines range and therefore presumptively reasonable

assistant: The best answer is D. holding that the maximum revocation sentence is the top of the guidelines range
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 (a) this Warrant is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the holder otherwise takes action to collect amounts due under this Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the Partnership or other proceedings affecting Partnership creditors’ rights and involving a claim under this Warrant, then the Partnership shall pay the costs incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees and disbursements.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if a parent has consented to a child 's access to and use of the services but wishes to rescind such consent , the parent should contact us at https://pokemongo.nianticlabs.com/support/delete/en to submit the request .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If at any time the amount of the Aggregate Outstanding Credit Exposure exceeds the Aggregate Commitment, the Borrowers shall immediately make a payment on the Loans or Cash Collateralize the LC Obligations in an account with the Administrative Agent pursuant to Section 2.19(k) sufficient to eliminate such excess. The Aggregate Outstanding Credit Exposure and all other unpaid Obligations under this Agreement and the other Loan Documents shall be paid in full (other than Unliquidated Obligations) by the Borrowers on the Facility Termination Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: under armour , inc. and its affiliates and subsidiaries , including mapmyfitness , inc. ( `` mapmyfitness '' ) , myfitnesspal , inc. ( `` myfitnesspal '' ) and endomondo aps ( `` endomondo '' ) ( collectively referred to throughout as `` under armour , '' `` we '' or `` us '' ) , offer a variety of products and services , including the under armour-branded fitness and wellness related websites , applications , devices , hardware , content and other technology products and services ; our e-commerce websites and applications ( `` under armour shopping '' ) ; and all other current and future digital products and service offerings we make available , including any products and services provided in collaboration with our partners ( collectively , the `` services '' ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: dispute, then, is whether Deputy Johnson acted in good faith. The Supreme Court of Texas has held that good faith is evaluated with a “the countervailing public safety concerns.” Wadewitz, 951 S.W.2d at 467. The public safety concerns include consideration of “the nature and severity of harm that the officer’s actions could cause (including injuries to bystanders ...), the likelihood that any harm would occur, and whether any risk of harm would be clear to a reasonably prudent officer.” Id. “[A]n officer in a police pursuit must assess both the risk that the suspect will injure a third party and the risk that the officer himself will injure a third party.” Clark, 38 S.W.3d at 583 (emphasis in original). A police pursuit usually entails rapidly changing circumstances. See id. at 582 (<HOLDING>). It follows, then, that determination of the Options: A. holding that a tip is corroborated when given in circumstances under which the informant is unlikely to lie because a falsehood would likely be discovered in short order and favors falsely curried would dissipate rapidly B. holding that changing the date and amount of the larceny under the circumstances of that case changed the identity of the offense C. holding both emergency responses and police pursuits may involve rapidly changing circumstances D. holding that police officers may enter a home without a warrant or consent under the emergency assistance doctrine when police have reasonable grounds to believe that there is an emergency at hand and an immediate need for their assistance for the protection of life or property E. holding that jury must determine voluntariness of statements to both private citizens and police

assistant: The best answer is C. holding both emergency responses and police pursuits may involve rapidly changing circumstances
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 the execution and delivery of this Agreement by Buyer nor the consummation by Buyer of the Transactions will conflict with, result in a termination of, contravene or constitute a default under, or be an event that with the giving of notice or passage of time or both will become a default under, or give to any other Person any right of termination, payment, acceleration, vesting or cancellation of or under, or accelerate the performance required by or maturity of, or result in the creation of any Lien or loss of any rights of Buyer pursuant to any of the terms, conditions, or provisions of or under any applicable Law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 664, 669 (Colo.1988), the exercise of such power must be guided so that any action taken by a city "in response to a land use proposal will be rational and consistent." Beaver Meadows v. Board of County Comm'rs, 709 P.2d 928, 936 (Colo.1985). The Colorado Springs Zoning Code specifically allows the City to take into account the effect on the neighborhood. See § 4-6-602(C)(1) ("Will the project design be harmonious with surrounding land uses and neighborhood?") In my view, this standard is insufficient to provide "all users and potential users of land with notice of the particular standards and requirements" imposed by the City for plan approval. Cherry Hills Resort Dev. Co. v. City of Cherry Hills Village, 790 P.2d 827, 832 (Colo.1990); see also Bauer, 182 Colo. at 327, 513 P.2d at 204 (<HOLDING>); Kosinski v. Lawlor, 177 Conn. 420, 418 A.2d Options: A. holding that the llupa does not provide for judicial review of requests to change zoning or comprehensive zoning plans B. holding that where a zoning board had no authority under state law to take certain actions with respect to a protected property interest a trier of fact could conclude that there was no rational basis for the towns zoning boards actions and that as a result the zoning board violated appellants rights to substantive due process C. holding a zoning authority acts in an arbitrary and capricious manner when it denies a permit meeting the general zoning qualifications solely because of the type of building to be constructed D. holding that in the limited circumstances when local zoning authorities actions prohibit personal wireless service the act preempts local zoning law E. holding that a zoning commission was capable of being sued directly under section 1983 because zjoning commissions function legislatively when adopting zoning regulations and holding public hearings for the adjudication of individual petitions for zoning redress

assistant: The best answer is C. holding a zoning authority acts in an arbitrary and capricious manner when it denies a permit meeting the general zoning qualifications solely because of the type of building to be constructed
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 risk,” as Loesel asserts, they were nonetheless “human lives placed at substantial risk of harm.” See U.S.S.G. § 2D1.1 cmt. n.20(A); cf. United States v. Davidson, 409 F.3d 304, 314 (6th Cir.2005) (not applying the enhancement where the defendants tried once to make meth in a remote, locked barn, and the operation did not: involve “an unusually large quantity of hazardous materials”; exist “for an unusually long period of time”; or “actually result[ ] in the disposal of the materials in a way harmful to human life or the environment”). Also, manufacturing occurred in residential areas and in a moving vehicle, placing additional lives at substantial risk. Considering the scope of meth activity, the district court did not err in applying the enhancement. See Pinnow, 469 F.3d at 1157 (<HOLDING>). III. Loesel claims the district court should Options: A. holding that under iowa code 7098 the offense of lascivious acts with a child was a crime of violence because it involved a substantial risk that physical force would be used against the child victim in the course of committing the offense B. holding that the opposing party must show substantial harm C. holding that because the crime of rape involved a nonconsensual act there was a substantial risk that physical force may be used in committing the offense D. holding the offense created a substantial risk of harm where the defendant staying in various hotels possessed a substantial quantity of pseudoephedrine enough to manufacture fifty grams of pure meth plus other chemicals and equipment used in the lithium ammonia reduction method E. holding that a court may issue injunctive relief only when the movant demonstrates four factors substantial likelihood of success on the merits irreparable harm no substantial injury to the other party and furtherance of the public interest

assistant: The best answer is D. holding the offense created a substantial risk of harm where the defendant staying in various hotels possessed a substantial quantity of pseudoephedrine enough to manufacture fifty grams of pure meth plus other chemicals and equipment used in the lithium ammonia reduction method
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the completed guest review may be ( a ) uploaded onto the relevant supplier 's information page on our platform for the sole purpose of informing ( future ) customers of your opinion of the service ( level ) and quality of the supplier , and ( b ) ( wholly or partly ) used and placed by booking.com at its sole discretion ( e.g. for marketing , promotion or improvement of our service ) on our platform or such social media platforms , newsletters , special promotions , apps or other channels owned , hosted , used or controlled by booking.com and our business partners .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the implied covenant of good faith and fair dealing, the parties must explicitly state their intention to do so.” Dick Broad. Co., 938 S.W.2d at 669 (citing 17A C.J.S. Contracts § 437 (2011)). “The implied obligation of good faith and fair dealing does not, however, create new contractual rights or obligations, nor can it be used to circumvent or alter the specific terms of the parties’ agreement.” Goot, 2005 WL 3031638, at *7 (footnotes omitted). The implied covenant of good faith and fair dealing may be particularly important where, as under Paragraph 7 of the Deed of Trust, one party possesses a unilateral right to impose serious costs on or otherwise adversely affect the other party to the contract. See, e.g., Howell v. Rivergate Toyota, Inc., 144 Fed.Appx. 475, 479 (6th Cir. 2005) (<HOLDING>); Wilson v. Amerada Hess Corp., 168 N.J. 236, Options: A. holding that duty of good faith and fair dealing did not extend to thirdparty claimant B. holding that the implied covenant of good faith and fair dealing is limited to performance under a contract C. holding that unilateral right to amend arbitration procedure was not unconscionable because it was restrained under tennessee law by the duty of good faith and fair dealing D. holding that claim for breach of good faith and fair dealing was precluded but only because there was not an express agreement between the parties E. holding that the duty of good faith and fair dealing is a contractual duty

assistant: The best answer is C. holding that unilateral right to amend arbitration procedure was not unconscionable because it was restrained under tennessee law by the duty of good faith and fair dealing
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 any applicable materiality qualifier, all representations and warranties of such Loan Party contained in this Agreement and the Other Documents to which it is a party shall be true at the time of such Loan Party’s execution of this Agreement and the Other Documents to which it is a party, and shall survive the execution, delivery and acceptance thereof by the parties thereto and the closing of the transactions described therein or related thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as expressly set forth in this Article IV , Noble does not make any representation or warranty, express or implied, at Law or in equity, with respect to itself or any of its Affiliates, or any of their respective assets, liabilities, businesses or operations, and any such other representations or warranties are hereby expressly disclaimed. The purpose of this Agreement is to settle and resolve the claims that Paragon and its Affiliates may assert against Noble arising under, relating to, or in connection with the Spin-Off, including, but not limited to, certain fraudulent transfer claims arising under section 548 of the Bankruptcy Code, and neither this Agreement nor the Amendment to Tax Sharing Agreement is intended to, and does not constitute, nor shall it be deemed to constitute, an admission by Noble or any of the other Noble Releasees of any liability, culpability, or fault; and any and all such admission of liability, culpability, and/or fault is hereby expressly denied.

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 case excerpt and choose the best holding from the options. Case excerpt: Merrill & Son, Inc. v. Carter (1985), 108 Idaho 749, 754-755, 702 P.2d 787. {¶ 47} Defendants did not have a duty, and therefore did not breach a duty, to protect plaintiff against EAI of NC’s wrongful treatment of plaintiff as an unsecured creditor. See 2175 Lemoine Ave. Corp. v. Finco, Inc. (1994), 272 N.J.Super. 478, 485, 640 A.2d 346, 350 (“A lawyer, without express agreement, is not an insurer. * * * He is not answerable for an error of judgment in the conduct of a case or for every mistake which may occur in practice. He does, however, undertake in the practice of his profession of the law that he is possessed of that reasonable knowledge and skill ordinarily possessed by other members of his profession.”). See, also, Simko v. Blake (1995), 448 Mich. 648, 656-658, 532 N.W.2d 842 (<HOLDING>). {¶ 48} Rather, according to plaintiff, Options: A. holding that employer did not have duty to protect allegedly intoxicated employee from risk that employee would have automobile accident after leaving work B. recognizing that it is not enough merely to mention a possible argument in the most skeletal way leaving the court to do counsels work C. holding that the more transformative the new work the more likely the use of the old work is a fair one D. holding that under a cgl policy an insurer had no duty to defend its insured in an action resulting from faulty workmanship and that a cgl policy is not intended to insure business risks ie risks that are the normal frequent or predictable consequences of doing business and which business management can and should control or manage rowland h long the law of liability insurance 10011 specifically the policies do not insure an insureds work itself but rather they generally insure consequential risks that stem from that work id E. holding an attorney does not have a duty to insure or guarantee that the most favorable outcome possible and because no amount of work can guarantee a favorable result attorneys would never know when the work they do is sufficiently more than adequate to be enough to protect not only their clients from error but themselves from liability

assistant: The best answer is E. holding an attorney does not have a duty to insure or guarantee that the most favorable outcome possible and because no amount of work can guarantee a favorable result attorneys would never know when the work they do is sufficiently more than adequate to be enough to protect not only their clients from error but themselves from liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: how Appellant could lose and regain the right to act in self-defense. Although we find the instruction on escalation was erroneous, the error was harmless beyond a reasonable doubt. Appellant was not entitled to such an instruction at all, as there was no evidence raising the issue of escalation. Moreover, contrary to Appellant’s arguments, withdrawal was not in issue either, for the same reason. A. An allegation that the members were improperly instructed is an issue we review de novo. United States v. Ober, 66 M.J. 393, 405 (C.A.A.F.2008). In regard to form, a military judge has wide discretion in choosing the instructions to give but has a duty to provide an accurate, complete, and intelligible statement of the law. See United States v. Wolford, 62 M.J. 418, 419 (C.A.A.F. 2006) (<HOLDING>); see also United States v. Medina, 69 M.J. Options: A. recognizing that jurors are presumed to follow instructions B. recognizing that instructions must be correct and complete C. recognizing a criminal defendants right to present a complete defense D. holding that the constitutional guarantee of a right to trial by jury includes the right to a complete and correct charge of the law so that each issue of fact raised by the evidence will be submitted to the jury on proper instructions E. holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error

assistant: The best answer is B. recognizing that instructions must be correct and complete
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: (noting the “vast number of cases in this circuit resolving [notice] issues at the pleading stage.”). TV. The Federal Securities Claims Are Barred by the Statute of Limitations A. Notice Since the passage of the Sarbanes-Oxley Act of 2002, Pub.L. No. 107-204, § 804(a), 116 Stat. 745, 801 (2002), codified in part at 28 U.S.C. § 1658(b), complaints asserting claims under Rule 10b-5 and Section 20(a) must be filed no later than the earlier of (1) two years after discovery of the facts constituting the alleged violation or (2) five years after the alleged violation. See 28 U.S.C. § 1658(b) (setting forth the statute of limitations for “claim[s] of fraud, deceit, manipulation, or contrivance of a regulatory requirement concerning the securities laws”); see also Dodds, 12 F.3d at 350 n. 2 (<HOLDING>). Under this statute of limitations, discovery Options: A. holding that section 20 claims are governed by section 1658b bjecause section 20 merely creates a derivative liability for violations of other sections of the act B. holding that both section 122 and rule 10b5 claims are timebarred by section 13 C. holding that section 3763133 creates a cause of action D. holding that consent of workers dependents must be obtained for section 20 settlement that purports to waive dependency benefits E. holding that section 4a12 is a broadly applicable section of the guidelines

assistant: The best answer is A. holding that section 20 claims are governed by section 1658b bjecause section 20 merely creates a derivative liability for violations of other sections of the act