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: Petitioner raises two issues on appeal. First, Petitioner contends that INS’s use of a test case to provide a final ruling on a business related immigration issue should be set aside under the Administrative Procedures Act (“APA”) because it unreasonably delayed final agency action and was arbitrary and capricious. See 5 U.S.C. § 706. Although the District Court for the District of Columbia sympathized with Petitioner’s predicament, see Transport Robert, 940 F.Supp. at 341-342 (stating that an “agency must be more responsive to those it regulates”), we must reject his claim. The APA simply does not govern immigration proceedings under the INA and may not be used to challenge the hearing provisions of the INA. Ardestani v. I.N.S., 502 U.S. 129, 132, 112 S.Ct. 515, 116 L.Ed.2d 496 (1991)(<HOLDING>); Marcello v. Bonds, 349 U.S. 302, 309, 75 Options: A. holding that the emergence of a credible claim of extraneous influence on a jury imposed a duty on the district court to conduct a remmer hearing despite the fact that the defendants had not expressly requested such a hearing below B. holding that noncompete provisions survived the expiration of an employment agreement where 1 the contract expressly provided that the provisions would continue to apply if the employee continued working and 2 the noncompete clause expressly stated it would continue to be in effect after the expiration or termination of employment C. holding that the mvra supersedes certain provisions in erisa D. holding that ina expressly supersedes hearing provisions of the apa E. holding that the hearing provisions of the ina supersede the provisions of the apa

assistant: The best answer is D. holding that ina expressly supersedes hearing provisions of the apa
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of service contracts, which' are specifically excluded from Article 2 coverage. Id. at 138. Oklahoma courts have not addressed the issue of whether a software license would constitute a sale of goods; however, Massachusetts has considered the issue, at least indirectly. In VMark Software v. EMC Corp., 37 Mass. App.Ct. 610, 642 N.E.2d 587, 590, n. 1 (1994), the Massachusetts Court of Appeals assumed that Article 2 of the UCC applied to a software licensing agreement and held that the licensee met its burden of proof regarding allegations of misrepresentation by the licensor of a software program. This application is consistent with the holding in the majority of cases addressing the issue. See e.g., Colonial Life Ins. Co. v. Electronic Data Sys. Corp., 817 F.Supp. 235 (D.N.H.1993) (<HOLDING>); Andrew Rodau, Computer Software: Does Article Options: A. holding that a contract for the installation and implementation of a complex computer system did not constitute a consumer purchase covered by the njcfa and noting that the contract did not provide for simply the installation of a standardized computer software program but rather the design of a custommade program to satisfy the plaintiffs unique needs and the defendants active participation in implementation of this program B. holding that the ucc applies to a computer software license with an additional obligation to provide incidental services where the predominant thrust of the contract was the sale and support of the software C. holding that the statute of frauds of chapter 8 of kansass ucc applies to the sale of 50 of banks stock D. holding the predominant purpose of a contract containing both sale and nonsale aspects was the sale of goods in part because the portion of the cost attributable to nonsale elements was less than onehalf of the total contract price E. holding that a contract for the design construction and installation of a water tank was predominantly a contract for the sale of goods under the ucc

assistant: The best answer is B. holding that the ucc applies to a computer software license with an additional obligation to provide incidental services where the predominant thrust of the contract was the sale and support of the software
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: for emotional distress, concluding that Congress had not waived the federal government’s sovereign immunity for emotional distress damages as a contempt sanction for violation of the discharge injunction. In re Rivera Torres, 432 F.3d 20 (1st Cir.2005). The First Circuit noted that: The BAP erred when it concluded the government had waived its arguments for immunity by not raising particular arguments in the bankruptcy court or to it. The rule is that the defense of sovereign immunity cannot be waived in litigation. See United States v. United States Fid. and Guar. Co., 309 U.S. 506, 513, 60 S.Ct. 653, 84 L.Ed. 894 (1940); Dep’t of the Army v. Fed. Labor Relations Auth., 56 F.3d 273, 275 (D.C.Cir.1995); see also Irving v. United States, 162 F.3d 154, 159-61 (1st Cir.1998)(en banc)(<HOLDING>). Id. at 23 n. 3. The First Circuit indicated Options: A. holding that the constitution can limit the discretion of federal officials such that the ftcas discretionary function exception will not apply B. holding that the discretionary function exception may apply in the absence of a conscious decision C. recognizing a discretionary function exception to that waiver D. holding federal tort claims act discretionary function exception does not apply if prison personnel violate a mandatory regulation E. holding that the government cannot waive or forfeit an argument that the discretionary function exception to the federal tort claims act ftca should apply

assistant: The best answer is E. holding that the government cannot waive or forfeit an argument that the discretionary function exception to the federal tort claims act ftca should apply
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 AND ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, SPECIFIED TIMES OF DAY REFER TO NEW YORK CITY TIME.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Graham, this court concludes that defendants have read [Graham ] too broadly. The Supreme Court in Graham did not hold that all prearrest excessive force claims are to be analyzed exclusively under the Fourth Amendment. ... As the plaintiffs [sic] claim is not encompassed by some other enumerated right, plaintiffs' allegations are sufficient to state a substantive due process claim under the Fourteenth Amendment.”). Further, those cases which hold that excessive force claims by pretrial detainees, to whom the Eighth Amendment does not apply, are to be analyzed under substantive due process, are consistent with the idea that Graham only requires a Fourth Amendment claim when that is the constitutional right truly implicated. See Brogsdale v. Barry, 926 F.2d 1184, 1187 (D.C.Cir.1991) (<HOLDING>); Fields v. City of South Houston, 922 F.2d Options: A. recognizing pretrial detainees constitutional right to be from excessive force B. recognizing 1983 substantive due process claim C. recognizing that plaintiff can bring action under due process clause of state constitution D. holding that pretrial detainees can bring substantive due process claim E. holding that pretrial detainees have at least the same protections under the fourteenth amendment as posttrial detainees have under the eighth amendment

assistant: The best answer is D. holding that pretrial detainees can bring substantive due process claim
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: 703; United States v. Leidner, 99 F.3d 1423, 1426 (7th Cir.1996); see also 2 Wayne R. LaFave, Search & Seizure: A Treatise on the Fourth Amendment § 3.7(c), at 366-67 (3d ed.1996) (stating that to establish probable cause for anticipatory warrant, affidavit must “indicate how it is known that the items to be seized will on a later occasion be at the place specified” and stating that more details will be necessary in non-controlled delivery eases). Similarly, when a controlled delivery is not made to the place to be searched, such as when a defendant is required to pick up a package containing contraband at a post office, the warrant application must present additional facts establishing the contraband will be taken to the place designated for search. Cf. Hendricks, 743 F.2d at 654-55 (<HOLDING>). II. VALIDITY OF ANTICIPATORY WARRANT TO Options: A. holding anticipatory warrant was invalid for lack of probable cause because at time warrant was issued the contraband was not on a sure course to the place to be searched and there was no assurance defendant would take contraband to that place B. holding anticipatory warrant for search of defendants home was invalid when defendant was required to pick up suitcase containing contraband at airport and there was no assurance at time warrant was issued that defendant would take suitcase to his home C. holding anticipatory warrant for search of defendants home was invalid because affidavit provided no assurance that defendant would take package to his home after collecting it at the airport despite fact that warrant contained condition that it was not to be executed until package arrived at defendants house D. holding anticipatory warrant for search of defendants home was invalid because facts made known to magistrate did not establish at time warrant was issued the required nexus between the contraband to be seized which was mailed to defendants post office box and defendants home E. holding anticipatory warrant for search of defendants home was invalid because contraband was picked up by defendant rather than being delivered to his home and affidavit failed to provide facts establishing a nexus between contraband and defendants home

assistant: The best answer is B. holding anticipatory warrant for search of defendants home was invalid when defendant was required to pick up suitcase containing contraband at airport and there was no assurance at time warrant was issued that defendant would take suitcase to his home
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: No modification, amendment or waiver of any provision of this Guaranty, nor the consent to any departure by Guarantor therefrom, shall in any event be effective unless the same shall be in writing and signed by Agent and Guarantor, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on Guarantor in any case shall entitle Guarantor to any other or further notice or demand in the same, similar or other circumstances.

assistant: Modifications
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 "Evaluation Materials" does not include information which (ii) was or becomes available to us on a non-confidential basis from a source other than the Company or its representatives, provided that such source is not prohibited from disclosing such information to us by a contractual, legal or fiduciary obligation to the Company or its representatives, or

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 case excerpt and choose the best holding from the options. Case excerpt: fact gathering of the case that was essential for the PHRC fact finding conference. Thus, I find this time to be reasonably spent. 5. Nature of Ms. Chin’s and Mr. Kirby’s Entries Defendant objects to the clerical nature of entries for Mr. Kirby and counsel's paralegal, Ms. Chin. (Def.'s Opp., Ex. I, J.) Plaintiff concedes three entries of Ms. Chin's time that will be adjusted accordingly. For the remainder of Ms. Chin’s entries, Plaintiff argues that they reflect paralegal work, including organizing and indexing discovery materials, and that entries regarding copying reflect simultaneous paralegal work on discovery matters. Clerical tasks should not be billed at senior associate or paralegal rates. See Missouri v. Jenkins, 491 U.S. 274, 288, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1988) (<HOLDING>), see also Halderman v. Pennhurst State Sch. & Options: A. holding purely clerical or secretarial tasks should not be billed at a paralegal rate regardless of who performs them B. recognizing that 90 per hour is a reasonable rate for a paralegal C. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate D. holding that paralegal fees may be recovered at a market rate but only to the extent that a paralegal performs work that would normally be done by an attorney E. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine

assistant: The best answer is A. holding purely clerical or secretarial tasks should not be billed at a paralegal rate regardless of who performs them
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 because he started having problems with his eyes. [AR 413-414]. The DOT classifies the jobs of “laborer, landscape” and “assembler, electrical accessories I” as requiring a “Specific Vocational Preparation” (“SVP”) of “Level 2,” defined as “[a]nything beyond short demonstration up to and including 1 month.” Those jobs also require “Level 2” reasoning development, which is defined as the abilit nt’s ability to log mileage, hours worked, and the places he drove in his job as a truck driver were not inconsistent with a valid IQ of 68); see generally Fanning, 827 F.2d at 634 (recognizing that if plaintiff otherwise meets section 12.05C, he “must be found disabled” without consideration of his work history as a laundry loader, janitor, and dishwasher); cf. Williams, 970 F.2d at 1185 (<HOLDING>). Defendant also argues that plaintiffs Options: A. holding that circumstantial evidence existed supporting manifestation of the claimants mental retardation before age 22 including the claimants lowgrade dropout and participation in prior special education classes B. holding that where the claimant had worked for 22 years in a steel drum factory and as a security guard for about a year the claimants ability to maintain a job for most of his adult life called his mental retardation into doubt C. holding that the alj erred in finding that the claimants mental retardation did not manifest itself before age 22 where the claimant attended special education classes dropped out of school in ninth grade had trouble with reading writing and math and had frequent fights with other children D. recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years E. holding that the alj properly discounted a claimants testimony about the extent of his pain and limitations based on his ability to travel

assistant: The best answer is B. holding that where the claimant had worked for 22 years in a steel drum factory and as a security guard for about a year the claimants ability to maintain a job for most of his adult life called his mental retardation into doubt
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 AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ANY CONFLICTS OF LAW PRINCIPLES THAT WOULD RESULT IN THE APPLICABILITY OF ANY LAW OTHER.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: authority in a resentenc-ing proceeding under § 3582(c)(2) is a question of law that we review de novo.” United States v. Rhodes, 549 F.3d 833, 837 (10th Cir.2008). The government contends that Mr. Mata-Rodriguez is only entitled to plain-error review because he did not first raise his appellate arguments before the district court. However, we need not reach a conclusion on this matter, because even under the standard of review that is more favorable to Mr. Mata-Rodriguez (i.e., abuse of discretion), he cannot prevail. Mr. Mata-Rodriguez’s arguments depend on the contours of the sentence-modification procedure set out in 18 U.S.C. § 3582(c)(2). That procedure is limited and our caselaw has articulated its contours. See United States v. Washington, 759 F.3d 1175, 1181 (10th Cir.2014) (<HOLDING>). The district court, within its discretion, Options: A. recognizing that the modification procedure set out in 3582c2 is carefully constrained B. holding that when an agency fails to follow the proper procedure under the illinois administrative procedure act for the adoption of rules the rule is invalid C. holding that a bid award may be set aside if either 1 the procurement officials decision lacked a rational basis or 2 the procurement procedure involved a violation of regulation or procedure D. holding that an ineffective grievance procedure bars employers defense based on that procedure E. recognizing that the simple and expeditious motion procedure set forth in fed rapp p 24a5 rather than an appeal from the certification of lack of good faith is the proper procedure for calling in question the correctness of the action of the district court

assistant: The best answer is A. recognizing that the modification procedure set out in 3582c2 is carefully constrained
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 good and marketable title to the IP Assets. The IP Assets are free and clear of all Encumbrances. There are no actions, suits, claims or proceedings threatened, pending or in progress on the part of the IP Assets and the Company has not received notice of (and the Company is not aware of any facts or circumstances which could reasonably be expected to give rise to) any other actions, suits, investigations, claims or proceedings threatened, pending or in progress relating in any way to the IP Assets. There are no existing contracts, agreements, options, commitments, proposals, bids, offers, or rights with, to, or in any person to acquire any of the IP Assets and any preexisting contracts, agreements, options or commitments with Company in connection with the IP Assets have been terminated in their entirety. The IP Assets listed in the Intellectual Property Assignment Agreement in Schedule A represent all IP Assets owned or used by the Company in connection with the Stony Hill trademark. Schedule 2 includes (i) all usernames and passwords granting unlimited and unrestricted access relating to the management, custody and control of the domain names listed on Schedule 2 or the like hosted or otherwise made available through GoDaddy or any other domain or hosting service provider account in the Company’s custody and control; and (ii) all usernames and passwords associated with the management, custody and control of the social media accounts listed on Schedule 2 . Notwithstanding the foregoing, to avoid confusion, Marley and Dalton agree not to use the domain, www.stonyhillcorp.com,. Company warrants and represents that www.stonyhillcorp.com will not be used in breach of this Agreement and will be made nonoperational as of the License Termination Date (defined below).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a statute unless the appeal is referred to it by the district court. Therefore, the portion of an appeal presenting such an issue must be referred to the district court for decision or referral back to the Minnesota Tax Court. In re McCannel, 301 N.W.2d 910, 919 (Minn. 1980); Gonzales v. Comm’r of Revenue, 706 N.W.2d 909, 911 (Minn.2005). 3 . We suggested that our holding rested in part on the fact that the property was used for an exempt purpose during the contract’s ex-ecutory period. Hibbing, 217 Minn, at 535, 14 N.W.2d at 926. To the extent that use, rather than ownership, was an important factor in this court’s holding in Hibbing, Crossroads’ reliance on the Hibbing is even less appropriate. 4 . See Petition of S. R. A., Inc., 213 Minn. 487, 499-500, 7 N.W.2d 484, 490 (1942) (<HOLDING>); Hibbing, 217 Minn, at 533-34, 14 N.W.2d at Options: A. holding intervening purchaser of property was subject to tenantatsufferance clause in deed of trust B. holding that under mississippi law a purchaser is a bona fide purchaser for value without notice unless there is actual notice or circumstances which would put a purchaser on inquiry notice C. holding that where a purchaser of realty from the united states under a contract for deed giving the purchaser a contractual interest in and equitable title had taken possession of the realty and was using it as a commercial enterprise the purchasers interest was subject to taxation D. holding that the junior mortgagee had no right title or interest in the real estate after the sale was confirmed in the purchaser who became title owner E. holding that one who acquires legal title with notice of a prior equitable interest in the property is not a bona fide purchaser

assistant: The best answer is C. holding that where a purchaser of realty from the united states under a contract for deed giving the purchaser a contractual interest in and equitable title had taken possession of the realty and was using it as a commercial enterprise the purchasers interest was subject to taxation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands, and other communications required under this Escrow Agreement (each, a “Notice”) shall be in writing, in English, and shall be deemed to have been duly given if delivered (a) personally, (b) by facsimile transmission with written confirmation of receipt, (c) by overnight delivery with a reputable national overnight delivery service, or (d) by mail or by certified mail, return receipt requested, and postage prepaid. If any Notice is mailed, it shall be deemed given five business days after the date such notice is deposited in the United States mail. Any Notice given shall be deemed given upon the actual date of such delivery. If any Notice is given to a party, it shall be given at the address for such party set forth below. It shall be the responsibility of the Parties to notify Escrow Agent and the other Party in writing of any name or address changes. In the case of any Notice delivered to Escrow Agent, such Notice shall be deemed to have been given on the date received by the Escrow Agent.

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: The Administrative Agent shall have received a certificate of the chief financial officer of the Borrower (or another authorized financial officer the Borrower) certifying the Solvency of the Borrower substantially in the form of Exhibit T .

assistant: Solvency
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: 80 U.S. 128, 13 Wall. 128, 20 L.Ed. 519 (1871), Congress may not pass a statute dictating the result of pending litigation without amending the substantive law, see Pl.'s Mem. at 12-24, a "proposition on which [the D.C. Circuit] expresses] no view,” see Nat’l Coal. To Save Our Mall v. Norton, 269 F.3d 1092, 1096 (D.C.Cir.2001). As the D.C. Circuit has recognized, “Klein’s exact meaning is far from clear,” see id. at 1097, and as another judge on this Court has observed “Klein is rarely (if ever) successfully invoked in constitutional challenges to federal statutes,” see Wazir v. Gates, 629 F.Supp.2d 63, 66 (D.D.C.2009). As a result, courts have upheld statutes with analogous language against similar constitutional challenges under Klein. See, e.g., Save Our Mall, 269 F.3d at 1094-97 (<HOLDING>); Alliance for the Wild Rockies v. Salazar, 672 Options: A. holding that statute requiring the world war ii memorial be built consistent with the existing permits not withstanding any other provision of law amended the applicable substantive law and did not run afoul of klein B. holding that atca establishes cause of action for violations of international law but requiring the district court to perform a traditional choiceoflaw analysis to determine whether international law law of forum state or law of state where events occurred should provide substantive law in such an action C. holding that actions by the war manpower commission could be contractual when not taken pursuant to any general law or policy D. holding that tort law and the law of punitive damages are not controlled by the contract choice of law provision E. holding that courts apply the procedural law of the forum and the substantive law of the jurisdiction originating the claim

assistant: The best answer is A. holding that statute requiring the world war ii memorial be built consistent with the existing permits not withstanding any other provision of law amended the applicable substantive law and did not run afoul of klein
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: all documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator 's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law .

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: The execution, delivery and performance by PARKERVISION of this Agreement and the other Funding Documents in accordance with their respective terms do not and will not, after the giving of notice, or the lapse of time or both, or otherwise (i) conflict with, result in a breach of, or constitute a default under the charter or corporate documents of PARKERVISION or, except as is not expected to result in a Material Adverse Effect, any law, statute, ordinance, rule or regulation, or any court or administrative order or process or any contract, agreement, arrangement, commitment or plan to which PARKERVISION is a party or by which PARKERVISION or its assets are bound, (ii) require the consent, waiver, approval, permit, license, clearance or authorization of, or any declaration or filing with, any court or public agency or other public authority, or (iii) except as is not expected to result in a Material Adverse Effect, require the consent of any Person under any material agreement, arrangement, or commitment of any nature.

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: with the federal sex offender registration and disclosure requirements created by the Sex Offender Registration and Notification Act (SORNA) for juvenile delinquents who were fourteen years or older at the time of the offense, and that the later enacted SORNA controlled for these older juveniles, but that "[f]or all other juvenile delinquents, the FJDA's confidentiality provisions remain in force"). 4 . Among other places, if J.D.T. were to move to Montana, he would be subject to lifelong registration as a sexual offender; state law also makes the name and address of registered sexual offenders publicly available. See Mont.Code Ann. §§ 45-5-502(3); 46-23-502(9)(b),(10); 46-23-506(1); 46-23-508(l)(a); see also United States v. Juvenile Male, 360 Mont. 317, 255 P.3d 110, 112-15 (2011) (<HOLDING>). Similarly, if he went to school in Illinois Options: A. holding that a juvenile adjudicated as delinquent in federal court for violation of 2241c had a duty under state law to register as a sexual offender when present in montana B. holding that aedpa limits a federal habeas court to the record before the state court where a claim has been adjudicated on the merits by the state court C. holding that when applying state law a federal court is bound to follow the highest court in the state D. holding that court leave under 6322 is not available to a federal employee summoned to appear in juvenile court in her capacity as the juveniles parent as a party to the proceedings E. holding that the uniform act and mca 259303 are alternative methods for filing a judgment of a montana federal court in montana state court

assistant: The best answer is A. holding that a juvenile adjudicated as delinquent in federal court for violation of 2241c had a duty under state law to register as a sexual offender when present in montana
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 litigation, proceeding or investigation pending, or to Purchaser’s knowledge, threatened against or affecting Purchaser that questions the validity or enforceability of this Agreement or any other document, instrument or agreements to be executed and delivered by Purchaser in connection with the transactions 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 shall be deemed to be continuing in nature and shall remain in full force and effect and shall survive the exercise of any remedy by Lender under the Security Instruments or any of the other Loan Documents, including, without limitation, any foreclosure or deed in lieu thereof, even if, as a part of such remedy, the Loan is paid or satisfied in full; provided that, subject to the provisions of Section 2 hereof, this Agreement shall terminate at such time as the Obligations have been indefeasibly paid in full in cash and satisfied in accordance with the Loan Documents, and there has expired the maximum possible period thereafter during which any payment made by Borrower or others to Lender with respect to the Obligations could be deemed a preference under the Bankruptcy Code.

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: this case: Cap N’ Cork wants to reduce its delivery costs by using a common carrier; the individual Plaintiffs want to get their wine without driving across the state to pick it up. These incidental burdens have no bearing on interstate commerce and do not give the Court reason to invalidate § 7.1-3-15-3(d) under the Commerce Clause. Even though ATC is moving for judgment as a matter of law, “when challenging a law that treats in-state and out-of-state entities identically, whoever wants to upset the law bears the[ ] burden” of showing that the law is unconstitutional. Baude, 538 F.3d at 613. Having brought the constitutional challenge at bar, Cap N’ Cork’s failure to come forth with admissi ble evidence at the summary judgment stage is fatal. Celotex, 477 U.S. at 323, 106 S.Ct. 2548 (<HOLDING>). Cap N’ Cork failed to show that the Options: A. recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case B. holding that movant is entitled to summary judgment when party with burden of proof fails to establish genuine fact issue C. holding that rule 56 mandates the entry of summary judgment after adequate time for discovery and upon motion against a party who fails to make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial D. holding that the nonmovant must make a showing sufficient to establish the existence of an element essential to that partys case E. holding that rule 56c requires summary judgment against a party who fails to make a showing sufficient to establish the existence of an element essential to that partys ease and on which that party will bear the burden of proof at trial

assistant: The best answer is E. holding that rule 56c requires summary judgment against a party who fails to make a showing sufficient to establish the existence of an element essential to that partys ease and on which that party will bear the burden of proof at trial
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: No right or remedy herein conferred upon or reserved to Lessor is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder or now or hereafter existing at law or in equity. Any notice or cure period provided herein shall run concurrently with any provided by applicable law. No failure of Lessor to insist at any time upon the strict performance of any provision of this Lease or to exercise any option, right, power or remedy contained herein shall be construed as a waiver, modification or relinquishment thereof as to any similar or different breach (future or otherwise) by Lessee. Lessor’s receipt of and Lessee’s payment of any rent or other sum due hereunder (including any late charge) with knowledge of any breach shall not be deemed a waiver of such breach, and no waiver by Lessor of any provision of this Lease shall be effective unless expressed in a writing signed by it.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not clear as to the recipients of this communication. The copy of the e-mail in the record is actually of an email that Freedberg sent to Slue on February 20, 2004, informing him that he had sent an e-mail "to the Department,” and incorporating the text of that e-mail. (Citak Aff. Ex. DD.) The parties appear to assume that the email went to essentially the same people as Slue’s e-mail, and as Freedberg's January 26 and February 5 e-mails. 15 . To the extent that Freedberg's February 20 e-mai 919 (S.D.N.Y.1990) (finding that plaintiff's claims that his former employer’s failure to pay his pension benefits led to his severe emotional distress did not meet the strict New York standard for such a claim); Kirwin v. N.Y. State Office of Mental Health, 665 F.Supp. 1034, 1040 (E.D.N.Y.1987) Options: A. holding that mere insults indignities and threats are not extreme and outrageous acts B. holding emotional distress suffered must be severe and not trivial C. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any D. holding that plaintiffs allegations of isolation ostracization and harassment campaign by the defendant merely amounted to insults indignities annoyances and petty oppressions which did not meet the strict burden required under new york law for severe emotional distress E. holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute

assistant: The best answer is D. holding that plaintiffs allegations of isolation ostracization and harassment campaign by the defendant merely amounted to insults indignities annoyances and petty oppressions which did not meet the strict burden required under new york law for severe emotional distress
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: prohibition within the meaning of § 1441. The authority on this point is currently divided, and of the only two circuit courts to squarely consider the question, one prohibited removal and one allowed it. Compare Johnson v. Butler Bros., 162 F.2d 87, 88-90 (8th Cir.1947) (prohibiting removal) with Cosme Nieves v. Deshler, 786 F.2d 445, 450-51 (1st Cir.1986) (allowing removal). See also Emrich v. Touche Ross & Co., 846 F.2d 1190, 1196 (9th Cir.1988) (discussing removability generally, and stating that the FLSA is an example of a statute that allows cases to be brought in any court of competent jurisdiction and “contain[s] no limitation on removal, express or otherwise, to bar removal as required under § 1441(a)”); Baldwin v. Sears, Roebuck & Co., 667 F.2d 458, 460- 61 (5th Cir.1982) (<HOLDING>). In Johnson, which was decided over fifty Options: A. holding under flsa B. holding that punitive damages are not allowed under the flsa C. holding that adea actions which are enforced under the flsa are removable but recognizing the split of authority on the removability of flsa actions and reserving ruling on that question D. holding that the flsa does not preempt a state law contractual claim that seeks to recover wages for time that is compensable under the contract but not under the flsa E. holding that the flsa does not preempt state law contract provisions that are more generous than the flsa demands

assistant: The best answer is C. holding that adea actions which are enforced under the flsa are removable but recognizing the split of authority on the removability of flsa actions and reserving ruling on that question
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: cancel both the “plain and precise” one-year limitation Congress placed on a former spouse’s right to claim the benefits and the clear prohibition against subjecting an annuity to legal process. Id. (quoting King v. King, 225 Ga. App. 298, 483 S.E.2d 379, 383 (1997)). The Court thus found that the Virginia divorce decree, which would effectively negate this federal one-year limitation, was appropriately overridden by the SBP law because clear and substantial federal interests would “suffer major damage if the state law [were] applied.” Id. at 8, 539 S.E.2d at 725 (quoting Yazell, 382 U.S. at 352). The facts and federal law at issue in the instant case are easily distinguishable on all three of these points. First, FEGLIA does not creat 19 F. Supp. 2d 1134, 1137 (C.D. Cal. 1998) (<HOLDING>); Metropolitan Life Ins. Co. v. Pearson, 6 F. Options: A. holding that employee spouses accrued but unvested retirement benefits are a contingent property interest and a community asset B. holding that feglia preempted a state divorce decree which ordered the insured to maintain his fegli policy for the benefit of his children from his first marriage C. holding a nonemployee spouse who holds a community pioperty interest in an employee spouses retirement benefits owns a community property interest in the latters iethement benefits as enhanced by eaily xetirement incentives D. holding that to the extent that california community property law gave the insureds former spouses or his daughter an interest in his fegli benefits it conflicted with feglias order of precedence E. holding that the asserted right of the insureds child based on his agreement with his mother during their divorce to name the child as his fegli beneficiary was preempted by feglia

assistant: The best answer is D. holding that to the extent that california community property law gave the insureds former spouses or his daughter an interest in his fegli benefits it conflicted with feglias order of precedence
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: majority appears to rely on the fact that the text of Section 30(A) defines the minimum reimbursement rates solely by reference to the health needs of recipients. 5 . To be sure, attorney’s fees are available to a successful § 1983 plaintiff. See 42 U.S.C. § 1988 ("In any action or proceeding to enforce a provision of section[ ] ... 1983 ... of this title, ... the court, in its discretion, may allow the prevailing party ... a reasonable attorney's fee as part of the costs....”). Awards of attorney’s fees may be inadequate to induce attorneys to represent Medicaid recipients in Section 30(A) cases, however, since such attorneys would assume the risk of earning no fees if the lawsuit is unsuccessful. See City of Burlington v. Dague, 505 U.S. 557, 112 S.Ct. 2638, 120 L.Ed.2d 449 (1992) (<HOLDING>). RENDELL, Circuit Judge, dissenting, with whom Options: A. holding that attorneys fees for the preparation of the fee application are compensable B. holding that section 721312 florida statutes provides for an award of appellate attorneys fees where the issue was the reasonableness of the fee awarded by the trial court C. holding that in determining the reasonableness of attorneys fees under federal fee shifting statutes courts may not enhance the fee award above the lodestar amount to compensate attorneys for assuming the risk of receiving no payment for their services if the lawsuit failed D. holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied E. holding that awarded fees were reasonable and that proof that attorneys fees are necessary apart from testimony as to the reasonableness of the fee is not required

assistant: The best answer is C. holding that in determining the reasonableness of attorneys fees under federal fee shifting statutes courts may not enhance the fee award above the lodestar amount to compensate attorneys for assuming the risk of receiving no payment for their services if the lawsuit failed
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: Maintain insurance with financially sound and reputable insurance companies against at least such risks and in at least such amounts as are customarily maintained by similar businesses and as may be required by Applicable Law and as are required by any Security Documents. All such insurance shall, (a) provide that no cancellation or material modification thereof shall be effective until at least 30 days after receipt by the Administrative Agent of written notice thereof, (b) name the Administrative Agent as an additional insured party thereunder and (c) in the case of each casualty insurance policy, name the Administrative Agent as lender’s loss payee. On the Closing Date and from time to time thereafter deliver to the Administrative Agent upon its request information in reasonable detail as to the insurance then in effect, stating the names of the insurance companies, the amounts and rates of the insurance, the dates of the expiration thereof and the properties and risks covered thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, approvals, and other communications required or permitted to be delivered under this Lease must be in writing and are effective on the Business Day received if delivered by telecopier or facsimile; or 3 days after being deposited in the United States mail, certified, return receipt requested, postage prepaid; or upon receipt if delivered personally or by any method other than by telecopier (with written confirmation) or mail, in each instance addressed to Landlord or Tenant, as the case may be, at the address specified in Section 1 of this Lease, or to any other address either party may designate by 10 days’ prior notice to the other party. Subject to the provisions of Section 27(b), if any act or omission by Landlord occurs that would give Tenant the right to damages from Landlord or the right to terminate this Lease due to constructive or actual eviction from all or part of the Premises or otherwise, Tenant may not sue for damages or exercise any right to terminate until (A) it gives notice of the act or omission to Landlord and Landlord’s first mortgagee, if any, and (B) a reasonable period of time for remedying the act or omission elapses following the giving of the notice, during which time Landlord, its agents, employees, and first mortgagee are entitled to enter the Premises and cure the act or omission.

assistant: Notices