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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: arbitration clause and class action waiver : if you live in the usa and select pay by mobile ( see paragraph 20 ) , a binding arbitration clause and class action waiver affects your rights to resolve a dispute with skype , its corporate affiliates , or other third parties including mobile phone carriers .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for filings and recordings required pursuant to the Loan Documents, no authorizations, approvals or consents of, and no filings or registrations with, any governmental or regulatory authority or agency are necessary for the execution, delivery or performance by Borrower of the Loan Documents or for the validity or enforceability thereof.

assistant: Approvals
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 undersigned agrees that it shall keep confidential and not divulge, furnish or make accessible to anyone, any confidential information concerning or relating to the business or financial affairs of the Company to which it may have or will become privy by reason of this Subscription Agreement until such information has been publicly disclosed by the Company or until such information is no longer material, or unless the undersigned is required by court order or subpoena to make such disclosure or otherwise has a legal obligation to make such disclosure. Furthermore, the undersigned agrees to keep the terms and provisions of this Agreement confidential and not disclose to any person, other than its representatives who need to know such information, any of the terms or provisions hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: the referee believed it was irrelevant, the referee made no inquiries about the son’s special needs or how the presence of Claimant’s domestic partner in Florida would alleviate them. 6 .For example, the majority relies on a portion of Claimant’s testimony to find that the domestic partner's main reason for leaving her job was stress. (Majority op. at 266.) While giving credence and weight to that testimony, the majority gives no credence or weight to Claimant's testimony that job stress had an adverse effect on her domestic partner’s health. (N.T. at 10.) Of course, only the UCBR can determine the credibility and weight of evidence. 7 . This court recognizes unmarried, heterosexual, single-parent families for other purposes in determining necessitous and compelling cause. See Beachem (<HOLDING>). 8 . I note that an individual may legally Options: A. holding that police chiefs son who alleged that he was denied an interview for a position because his father had criticized the local officials did not have standing to assert the first amendment rights of his father B. holding that son had no homestead interest in property even though he resided upon it with his fathers consent because son had neither title nor a present right to possess land nor right to demand partition from father who was his cotenant C. holding that a plenary hearing was necessary based upon mothers certification and school social workers report of childs behavioral problems D. holding that a single father who relocated to care for an elevenyearold son with emotional and behavioral problems had a necessitous and compelling reason for leaving his employment E. holding that transfer of insurance agency by father to his son was not a gift because sons agreement to continue fathers employment with agency was consideration for transfer

assistant: The best answer is D. holding that a single father who relocated to care for an elevenyearold son with emotional and behavioral problems had a necessitous and compelling reason for leaving his employment
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 forfeitable assets, it does not specify the manner in which the Court must act if it concludes that action to preserve the availability of forfeitable assets is warranted, nor does it expressly authorize or require ex parte orders directing the seizure of presumptively protected expressive materials. The mere fact that § 1963 may be applied in a manner that results in an unconstitutional prior restraint does not render that section unconstitutional on its face. In resolving challenges to the facial validity of a federal statute, a guiding principle is that a court must “first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.” United States v. Thirty-Seven Photographs, 402 U.S. 363, 369, 91 S.Ct. 1400, 1404, 28 L.Ed.2d 822 (1971) (<HOLDING>). With that principle in mind, the Supreme Options: A. holding of 6 justices B. holding that the disciplinary rules of the code of professional responsibility are not laws of the state of texas for purposes of statute which excludes the admission of evidence obtained in violation of law C. holding that denial of receipt of notice of trial did not rebut presumption of trial courts certificate of mailing of notice requiring an evidentiary hearing D. holding that the relevant time of inquiry is the date of the filing of the complaint E. holding that care of the grounds was part of the business of the hospital

assistant: The best answer is A. holding of 6 justices
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: 1, 40, 748 A.2d 1, cert. denied, 359 Md. 335, 753 A.2d 1032 (2000). Thus, even if the issue were preserved for review, we would discern no reversible error. Nor do we see reversible error in the prosecutor’s reaction, in the jury’s presence, to the objection when it came. At the bench conference that followed, counsel for appellant Varela objected to the prosecutor’s “giving his theory of expert testimony in front of the jury.” The court admonished the prosecutor to desist from making such statements in front of the jury. No further relief was requested by any appellant. In the absence of a request for relief, either in the form of a curative instruction or a mistrial, appellants have nothing about which to complain. See Lamb v. State, 141 Md.App. 610, 644-45, 786 A.2d 783 (2001) (<HOLDING>). In any event, we are hard pressed to find Options: A. holding harmless an inadmissible comment as prejudicial effect was removed by district courts curative instruction B. holding that where an objection is sustained and curative instruction given and no further relief such as a mistrial additional curative instruction or striking of the offending comment is requested there is nothing for the appellate court to review C. holding that no issue is preserved for appellate review if the objecting party accepts the judges ruling and does not contemporaneously make an additional objection to sufficiency of the curative charge or move for a mistrial D. holding that when an objection is overruled failing to request curative instructions or a mistrial does not result in waiver E. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given

assistant: The best answer is B. holding that where an objection is sustained and curative instruction given and no further relief such as a mistrial additional curative instruction or striking of the offending comment is requested there is nothing for the appellate court to review
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 Underlying Repurchase Counterparty maintains, for itself and its Subsidiaries, Fidelity Insurance in an aggregate amount at least equal to $300,000. Each Underlying Repurchase Counterparty maintains, for itself and its Subsidiaries, Fidelity Insurance in respect of its officers, employees and agents, with respect to any claims made in connection with all or any portion of the Mortgage Loans it originates. The Underlying Repurchase Counterparty will notify the Buyer of any material change in the terms of any such Fidelity Insurance.

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 case excerpt and choose the best holding from the options. Case excerpt: to “issue a declaratory judgment in a criminal cause” regarding appellant’s status as sex offender, regardless of the decision in Doe I. Id. at 140, 20 A.3d 192. Although the Court in Doe I held that the 2009/2010 amendments had crossed the line from “civil regulation to an element of the punishment of offenders” in the ex post facto context, that ruling did not transform the sex offender registration scheme into a sanction in the context of a criminal case. See Doe I, 430 Md. at 578, 62 A.3d 123 (McDonald, J., concurring) (emphasis added). Accordingly, registration remains a collateral consequence of criminal punishment, and thus appellant can seek removal from the sex offender registry only through a civil action for declaratory judgment. See Sinclair, 199 Md.App. at 137, 20 A.3d 192 (<HOLDING>). Therefore, regardless of the merits of Options: A. holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending B. holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action C. holding that a motion for a summary judgment is an appropriate means of seeking an adjudication on the merits D. holding that a complaint seeking declaratory judgment remains the procedure for obtaining under appropriate circumstances a ruling on the constitutionality of a statute the violation of which carries criminal sanctions E. holding that filing of infringement action twelve days after complaint for declaratory judgment obviated the need for a declaratory judgment in this case

assistant: The best answer is D. holding that a complaint seeking declaratory judgment remains the procedure for obtaining under appropriate circumstances a ruling on the constitutionality of a statute the violation of which carries criminal sanctions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which, when executed, shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures provided by facsimile transmission or in Adobe™ Portable Document Format (PDF) sent by electronic mail shall be deemed to be original signatures.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an adequate consideration.” 377 S.W.2d 93, 94 (Ky.1964). Appellees have failed to persuade this Court that contracts disposing of property, which are executed in contemplation of dissolution of marriage, constitute an exception to this general rule. The enactment of KRS 403.180 in 1972 does not alter this conclusion. In fact, it fortifies our decision. KRS 403.180 discusses whether a settlement agreement is enforceable as a judgment. However, KRS 403.180 does not automatically void settlement agreements which are improperly referenced or are not incorporated into the final decree of dissolution; nor does such a failure to comply with KRS 403.180 render a prior or contemporaneous property settlement agreement unenforceable. Cf. Annechino v. Joire, 946 A.2d 121, 122 (Pa. Super Ct.2008) (<HOLDING>). Although the Annechino court had the benefit Options: A. holding that the family court lacked subject matter jurisdiction to hold a party in contempt where the separation agreement was incorporated but not merged into a divorce decree B. holding that the jurisdiction of the divorce court with regard to support and maintenance is statutorily determined unless otherwise provided by agreement incorporated into the divorce decree C. holding that the trial court had authority to enforce a marital property settlement agreement that had not been incorporated into the parties final divorce decree D. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce E. recognizing a divorce decree which incorporates a property settlement agreement is a final and conclusive adjudication

assistant: The best answer is C. holding that the trial court had authority to enforce a marital property settlement agreement that had not been incorporated into the parties final divorce decree
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 Company Note is the Company Note described in, and is subject to the terms and conditions set forth in, that certain Second Amended and Restated Sale and Contribution Agreement dated as of October 5, 2016 (as the same may be amended, supplemented, amended and restated or otherwise modified in accordance with its terms, the “ Sale and Contribution Agreement ”), between the Company and the Transferor. Reference is hereby made to the Sale and Contribution Agreement for a statement of certain other rights and obligations of the Company and the Transferor.

assistant: Sales
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 exercise of the Option and the issuance and transfer of shares of Common Stock shall be subject to compliance by the Company and the Participant with all applicable requirements of federal and state securities laws and with all applicable requirements of any stock exchange on which the Company's shares of Common Stock may be listed. No shares of Common Stock shall be issued pursuant to this Option unless and until any then applicable requirements of state or federal laws and regulatory agencies have been fully complied with to the satisfaction of the Company and its counsel. The Participant understands that the Company is under no obligation to register the shares with the Securities and Exchange Commission, any state securities commission or any stock exchange to effect such compliance.

assistant: Compliance With 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 term of Executive's employment with the Company commenced on or about October 1, 2014 and shall end on that date on which such employment shall be terminated under the provisions of Section 8 hereof. Such term, regardless of the length thereof, shall be referred to herein as the " Employment Term ".

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: subsequently filed a Motion to Transfer Venue to the Eastern District of Louisiana based on 28 U.S.C. § 1404(a) and a forum selection clause contained in the agreement that Plaintiff signed upon taking employment with Defendant on November 2, 1993. II. ANALYSIS Defendant seeks a transfer to the Eastern District of Louisiana based on 28 U.S.C. § 1404(a). Section 1404(a) provides: “For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” 28 U.S.C. § 1404(a). Defendants bear the burden of demonstrating to the Court that it should, in its sound discretion, decide to transfer the action. See Peteet v. Dow Chemical Co., 868 F.2d 1428, 1436 (5th Cir.1989) (<HOLDING>); Time, Inc. v. Manning, 366 F.2d 690, 698 (5th Options: A. recognizing that the question of whether the interest of justice is served by the transfer of a juvenile for adult prosecution is a decision within the broad discretion of the district court B. holding that the decision to allow attorney fees rests with the trial judge and that decision may only be reversed for an abuse of discretion C. holding that the decision to transfer rests within the sound discretion of the district court D. holding that whether dismissal or transfer is appropriate lies within the sound discretion of the district court E. holding that the decision whether to apply the exhaustion requirement in an erisa case is committed to the district courts sound discretion but that the district court abused its discretion by not dismissing the suit for failure to exhaust administrative remedies

assistant: The best answer is C. holding that the decision to transfer rests within the sound discretion of the district court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or filing required or permitted to be given to the Corporation or the Administrative Committee under the Plan will be sufficient if in writing and hand delivered, or sent by registered or certified mail to any member of the Administrative Committee, or to the Corporation’s Chief Financial Officer and, if mailed, will be addressed to the principal executive offices of the Corporation. Notice to a Participant or beneficiary may be hand delivered or mailed to the Participant or beneficiary at his or her most recent address as listed in the employment records of the Corporation. Notices will be deemed given as of the date of delivery or mailing or, if delivery is made by certified or registered mail, as of the date shown on the receipt for registration or certification. Any person entitled to notice hereunder may waive such notice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Local 317 v. Lorillard Corp., supra, 448 F.2d at 958-59. Finally, defendants have failed to indicate how being denied “uncontrolled access” to the books and records of accounts of Imperial and the various Poland companies, which were turned over to APL, is in any way prejudicial to them. Thus, they have not alleged that they would not have access to those records or that any of those records are missing. Inasmuch as this Court concludes that the two essential elements of laches are missing in the instant case, it need not decide whether the defense of laches would otherwise be available in an action at law under Rule 10b-5. Compare Royal Air Properties, Inc. v. Smith, 312 F.2d 210, 214 (9th Cir. 1962) (upholding availability of defense) with Myzel v. Fields, supra, 386 F.2d at 742 (<HOLDING>); cf. Tobacco and Allied Stocks, Inc. v. Options: A. holding laches not applicable in action at law tried to a jury B. holding that district court could not decide after jury returned verdict to treat jury verdict as advisory on issue not triable of right by jury but which was tried by consent of parties to nonadvisory jury C. holding that the applicable rate is that in existence at the time of judgment D. holding that the penalty is applicable E. holding rule applicable to witness

assistant: The best answer is A. holding laches not applicable in action at law tried to a jury
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: you expressly understand and agree that yahoo and its subsidiaries , affiliates , officers , employees , agents , partners and licensors shall not be liable to you for any punitive , indirect , incidental , special , consequential or exemplary damages , including , but not limited to , damages for loss of profits , goodwill , use , data or other intangible losses ( even if yahoo has been advised of the possibility of such damages ) , resulting from : ( a ) the use or the inability to use the yahoo service ; ( b ) the cost of procurement of substitute goods and services ; ( c ) unauthorized access to or alteration of your transmissions or data ; ( d ) statements or conduct of any third party on the yahoo service ; or ( e ) any other matter relating to the yahoo service .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 166 . In re Canion, 196 F.3d 579, 585 (5th Cir. 1999). 167 . 363 B.R. 801, 813 (Bankr. N.D. Tex. 2007). 168 . Rec. Doc. 24 at 4. 169 . See August v. Boyd Gaming Corp., 135 Fed.Appx. 731, 734 (5th Cir. 2005) (determining that joint tortfeasors are not necessary parties); see also La. Code of Civ, P, art, -641 ("Joinder of parties needed for just adjudication,” providing for a similar necessary party analysis). 170 . Fed. R. Civ. P. 19(a). 171 . Fed. R. Civ. P. 19(b). 172 . See In re Bass, 171 F.3d 1016, 1022 (5th Cir. 1999). 173 . Pacor, Inc. v. Higgins, 743 F.2d 984, 995 (3d Cir. 1984). 174 . Marrese v. Am. Acad. of Orthopaedic Surgeons, 470 U.S. 373, 380, 105 S.Ct. 1327, 84 L.Ed.2d 274 (1985) (quoting 28 U.S.C. § 1738); see also Matter of Gober, 100 F.3d 1195, 1201 (5th Cir. 1996) (<HOLDING>). 175 . See In re Keaty, 397 F.3d 264, 270 (5th Options: A. holding that to grant appellant relief would require an inferior federal court to determine that the state courts judgment was erroneous and would foreclose implementation of that judgment B. holding that issuance of injunction was necessary to protect federal court judgment when hawaiian state courts refused to grant it preclusive effect C. holding that courts must look to the state that rendered the judgment to determine whether the courts of that state would afford the judgment preclusive effect D. holding that a federal court acting under its federal as opposed to diversity jurisdiction may also give greater preclusive effect to a state court judgment than the state courts would give E. holding that a state court judgment did not have a preclusive effect where the record failed to demonstrate that the state court conducted a hearing in which the party was required to meets its burden of proof

assistant: The best answer is C. holding that courts must look to the state that rendered the judgment to determine whether the courts of that state would afford the judgment preclusive effect
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: provides: (d)(1) After FDA approves a PMA, any change described in paragraph (d)(2) of this section that enhances the safety of the device or the safety in the use of the device may be placed into effect by the applicant prior to the receipt under S 814.17 of a written FDA order approving the PMA supplement ... (2) The following changes are permitted by paragraph (d)(1) of this section: (i) Labeling changes that add or strengthen a contraindication, warning, precaution, or information about an adverse reaction. (ii) Labeling changes that add or strengthen an instruction that is intended to enhance the safe use of the device. (iii) Labeling changes that delete misleading, false, or unsupported indications. (iv) Changes in quality controls or manufacturing process tha h Cir.1999) (<HOLDING>). STEIN, J., dissenting. Underlying this appeal Options: A. holding that substantive review is adequate B. holding that pma process is not specific requirement because of lack of substantive prerequisites for approval C. recognizing 1983 substantive due process claim D. holding that this lack of any reasonable expectation of continued employment suffices to establish the lack of property in the constitutional sense and hence the lack of a viable due process claim E. holding that pma process is not specific regulation because the requirements are not contained in formal regulation

assistant: The best answer is B. holding that pma process is not specific requirement because of lack of substantive prerequisites for approval
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: responsible for the purchase of goods and services, but the decisions of its director are subject to review by the Director of GSA and the County Manager. See Administrative Order 3-2. In view of this hierarchy, the undersigned concludes that the individual defendants in their capacities as department directors are not final policymakers because their decisions are subject to review by the County Manager and the Board. This conclusion is supported by the Eleventh Circuit and other courts within this district which have addressed similar issues. See Manor Healthcare Corp. v. Lomelo, 929 F.2d 633 (11th Cir.1991) (City not held liable for the acts of its mayor because his decisions were subject to review by the City Council); Lawrence v. Metro Dade County, 872 F.Supp. 957 (S.D.Fla.1994) (<HOLDING>). Accordingly, the undersigned finds no basis Options: A. holding that the courts jurisdiction is limited to the appeal of final board decisions that are adverse to the claimant B. holding that county and district attorneys are officers within the judicial department C. holding that this courts review of board decisions is limited to final orders or final decisions D. holding that director of the police department is not a final policymaking official because his decisions are constrained by the county manager the board and administrative order and polices E. holding that director of police department does not have final policymaking authority in miamidade county despite having some discretionary authority

assistant: The best answer is D. holding that director of the police department is not a final policymaking official because his decisions are constrained by the county manager the board and administrative order and polices
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 Commission to divide Newark and Jersey City into no more than two districts each, and could not be ignored unless it would have been impossible to comply with both federal and state requirements. See Scrimminger, supra, 60 N.J. at 489, 291 A.2d at 137-38. Although I acknowledge that the provision has been breached in practice in the past, without objection from either political party, it is this Court’s duty when presented squarely with the question of the provision’s enforceability to answer that legal question of constitutional significance cognizant of, but not foreclosed by, what went before. The unambiguous language is entitled to enforcement by this Court unless there is a contradictory requirement of higher law. See, e.g., Stephenson v. Bartlett, 582 S.E.2d 247 (N.C.2003) (<HOLDING>) challengers of redistricting plan proved that Options: A. recognizing that a redistricting plan can be driven at least to some extent by partisan interests B. holding courts attempt to recognize actual jury verdict was improper in wake of landgraf but affirming judgment on basis of courts own findings of fact and conclusions of law C. recognizing frequent use of respect for municipal boundaries as criteria in evaluating redistricting plan D. holding that state appropriation to ports authority violated constitutional prohibition against state debt and other constitutional provisions E. holding that redistricting plan violated state constitutional mandate and thus affirming trial courts findings that 1

assistant: The best answer is E. holding that redistricting plan violated state constitutional mandate and thus affirming trial courts findings that 1
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: Employee shall be entitled to a vacation equal to the greater of (i) four (4) weeks per annum (or pro rata portion thereof for any partial year), and (ii) the number of weeks of vacation Employee would be entitled to receive under the Company’s policies, in addition to holidays observed by the Company as they fall on scheduled days of work. Vacation shall accrue, and be carried forward into the next year of employment, in accordance with the terms and conditions of the Company’s generally applicable vacation policy. Notwithstanding anything to the contrary set forth in Section 9 of this Agreement or elsewhere in this Agreement, upon any termination of Employee’s employment, the Company will provide timely payment to Employee in respect of any then accrued but unused vacation. Employee shall also be entitled to the rights and benefits for which he shall be eligible under any benefit or other plans (including, without limitation, dental, medical, medical reimbursement and hospital plans, pension plans, employee stock purchase plans, profit sharing plans, bonus plans and other so-called “ fringe ” benefits) as the Company shall make available to other employees generally from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 13 M.J. 408, 414 (C.M.A.1982) (quotation marks omitted)); see, e.g., Francis A. Gilligan, The Bill of Rights and Service Members, 1987 Army Law. 3, 10 (Dec.1987) (servicemembers’ rights broader than constitutionally required). 20 . 10 U.S.C. § 831 (2000). 21 . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). 22 . H.F. “Sparky” Gierke, The Use of Article III Case Law in Military Jurisprudence, Army Law., Aug. 2005, at 25, 36. 23 . United States v. Tulloch, 47 M.J. 283, 287 (C.A.A.F.1997) (declining to follow the Supreme Court’s holding in Purkett v. Elem, 514 U.S. 765, 769, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995), that the explanation for the challenge need not ”make[] sense”). 24 . Minnick v. Mississippi, 498 U.S. 146, 111 S.Ct. 486, 112 L.Ed.2d 489 (1990) (<HOLDING>). 25 . McNeil v. Wisconsin, 501 U.S. 171, 111 Options: A. holding that unless suspect clearly requests counsel police do not have to halt questioning B. holding that once a suspect has requested counsel interrogators may not reinitiate questioning unless the attorney is present regardless of whether or not there has been an outside consultation C. holding that once a suspect has invoked his right to counsel police may still legitimately inquire whether the suspect has changed his mind about speaking to them without an attorney D. holding that although interrogation may not continue after a suspect has requested counsel the police legitimately may inquire whether the suspect has changed his mind about speaking to them without an attorney E. holding suspect must unambiguously request counsel before applying rule established in edwards that police questioning must cease once suspect requests counsel during interview

assistant: The best answer is B. holding that once a suspect has requested counsel interrogators may not reinitiate questioning unless the attorney is present regardless of whether or not there has been an outside consultation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall bear its own attorney’s fees, costs and disbursements arising out of the arbitration and the costs of the Arbitrator selected by it, and shall pay an equal share of the fees and costs of the third (3 rd ) Arbitrator; provided , however , that the Arbitrators shall be authorized to determine whether a Party is the prevailing Party, and if so, to award to that prevailing Party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrators.

assistant: Costs
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: alleged conduct was causally connected to the plaintiffs deprivation. Gutierrez-Rodriguez v. Cartagena, 882 F.2d 553, 558 (1st Cir.1989). Hence, to succeed in a section 1983 action, plaintiffs must prove that defendants’ actions were a cause in fact or a proximate cause of their injury. See Collins v. City Harker Heights, 503 U.S. 115, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992). A. Excessive Force The plaintiff alleges that his rights pursuant to the Fourth, Fifth and Fourteenth Amendments were violated when police officers used excessive force during an altercation in which he was involved. (Docket No. 33 at 4-5.) The Supreme Court has held that “because the Fourth Amendment provides an explicit textual source of constitutional protection against this sort of 249, 256 (1st Cir.1996) (<HOLDING>) (internal citation omitted). The excessive Options: A. holding the same for malicious prosecution B. holding that there is no due process right to appellate review C. holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution D. holding that the fourth amendment right implicated in a malicious prosecution action is the right to be free of unreasonable seizure of the person E. holding that section 1983 claims alleging due process violations stemming from malicious prosecution are unavailable when a state malicious prosecution action exists

assistant: The best answer is C. holding that there is no substantive due process right under the fourteenth amendment to be free from malicious prosecution
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 set forth on Schedule 3(e) hereto, the Company hereby represents and warrants to each Purchaser that the Company’s representations and warranties listed in Section 3.1 of the Purchase Agreement are true and correct as of the date hereof.

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: Each person who is or will have been a member of the Board or any committee of the Board will be indemnified and held harmless by the Company against and from any loss, cost, liability, or expense that may be imposed on or reasonably incurred by him in connection with or resulting from any claim, action, suit, or proceeding to which he may be made party or in which he may be involved by reason of any determination, interpretation, action taken or failure to act under this Notice and against and from any and all amounts paid by him in settlement thereof, with the Company’s approval, or paid by him in satisfaction of any judgment in any such action, suit or proceeding against him, provided he will give the Company an opportunity, at its own expense, to handle and defend the same before he undertakes to handle and defend it on his own behalf. The foregoing right of indemnification will not be exclusive and will be independent of any other rights of indemnification to which such persons may be entitled under the Company’s Certificate of Incorporation, By-laws, by contract, as a matter of law, or otherwise.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: without assessing whether individual questions would predominate if each damages action had to be tried separately.” In re Visa Check/MasterMoney Antitrust Litig., 192 F.R.D. at 86 n. 19 (emphasis added); cf. Szabo v. Bridgeport Machines, 249 F.3d 672, 675 (7th Cir.2001) (granting Rule 23(1) review because "the district court’s decision to certify the class implie[d] that important legal principles have evaded attention by appellate courts. At critical junctures the district judge cited only decisions by other district judges, most in cases later settled and thus not subject to appellate consideration.”). 2 . The right to assert the defense against each and every class member is guaranteed by the Rules Enabling Act. See Eisen v. Carlisle & Jacquelin, 479 F.2d 1005, 1014 (2d Cir.1973) (<HOLDING>) (quoting 28 U.S.C. § 2072), vacated on other Options: A. holding that the rules enabling act precludes rule from abridging enlarging or modifying any substantive right B. recognizing that under the act rule 23 cannot abridge enlarge or modify any substantive right C. recognizing rule D. holding that where it is clear from the allegations on the face of the complaint that the party seeking class certification could prove no set of facts sufficient to satisfy the requirements of both civ r 23 a and civ r 23 b the trial court may deny a motion to certify made pursuant to civ r 23 c without first granting the movant an evidentiary hearing pursuant to civ r 23 c 1 E. holding that krs 3373852 prevents class certification under rule 23 in federal court because of the rules enabling act

assistant: The best answer is B. recognizing that under the act rule 23 cannot abridge enlarge or modify any substantive right
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 amendment or modification of this Agreement shall be deemed effective unless made in writing signed by the parties hereto. Upon the termination of this Agreement for any reason, the provisions of this Agreement that by their terms survive such expiration or termination shall continue in effect and will bind each of the parties according to the terms thereof. No term or condition of this Agreement shall be deemed to have been waived, nor shall there be any estoppel to enforce any provision of this Agreement, except by a statement in writing signed by the party against whom enforcement of the waiver or estoppel is sought. Any written waiver shall not be deemed a continuing waiver unless specifically stated, shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Spence requirements are too stringent, at least as applied across the board to any and all challenges to asserted racial discrimination in jury selection). Finally, I support the remand for additional proceedings concerning Appellee’s claim under Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). I would merely note that it is an unsettled matter whether such a claim is subject to the jurisdictional and procedural requirements of the PCRA, or is more appropriately suited to treatment under habeas corpus principles. Personally, I favor the latter under standing, particularly since the United States Supreme Court has couched the Atkins principle in terms identical to those pertaining under Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986) (<HOLDING>). See Atkins, 536 U.S. at 321, 122 S.Ct. at Options: A. holding that the eighth amendment to the united states constitution prohibits the execution of mentally retarded individuals B. holding that the eighth amendment prohibits the state from inflicting the penalty of death upon a prisoner who is insane C. holding that the eighth amendment prohibits states from inflicting the death penalty upon a defendant who is insane D. holding that the eighth amendment prohibits execution of persons whose mental illness prevents them from comprehending the reasons for the penalty and its implications E. holding that the execution of mentally retarded criminals violates the eighth amendment

assistant: The best answer is D. holding that the eighth amendment prohibits execution of persons whose mental illness prevents them from comprehending the reasons for the penalty and its implications
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: agreement because this additional standard merely increased the burden on the Trustee to show that the settlement agreement was fair and reasonable. See In re A & C Props., 784 F.2d. at 1381; see also In re Woodson, 839 F.2d at 620. AFFIRMED. ** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1 . We decline to consider Appellants' argument that an evidentiary hearing was required in connection with the compromise agreement. Appellants failed to raise the issue before the bankruptcy court and, in any event, proffered no evidence at the compromise agreement hearing notwithstanding notice that "testimony may be received.” See Jonas v. U.S. Small Bus. Admin. (In re South-land Supply, Inc.), 657 F.2d 1076, 1079 (9th Cir.1981) Options: A. holding that this court need not entertain an objection raised for the first time on appeal unless it is necessary to prevent manifest injustice B. holding that an issue not raised in the trial court cannot be raised for the first time on appeal C. holding that because a claim was never raised in the district court this court would not consider it for the first time on appeal D. holding that an issue raised for the first time on appeal will not be considered by this court E. holding that this court need not address the merits of an argument raised for the first time on appeal

assistant: The best answer is A. holding that this court need not entertain an objection raised for the first time on appeal unless it is necessary to prevent manifest injustice
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: statement in response to a discovery request, Blackwell, No. 92-42218-293, at 21, but cited no evidence that either disclaimer at issue here was altered. 11 . Section 544(b) of the Bankruptcy Code gives the bankruptcy trustee whatever avoiding powers an unsecured creditor with an allowable claim might have under applicable state or federal law. See Michael L. Cook et al., Fraudulent Transfers, 804 PLI/Comm 473, 486 (Apr. 2000). The bankruptcy trustee brought this action not under the federal bankruptcy fraudulent transfer provision, see 11 U.S.C. § 548 (1994), but under Missouri's UFTA. Accordingly, we face a pure question of Missouri law. 12 . Although not discussed by the parties, we note that our decision in Drye Family 1995 Trust v. United States, 152 F.3d 892 (8th Cir.1998) (<HOLDING>), aff'd, 528 U.S. 49, 120 S.Ct. 474, 145 Options: A. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law B. holding that the plaintiffs state law claims are preempted by federal law C. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law D. holding federal tax law is not struck blind by state law right to inheritance disclaimer where congress has shown no intent to support state law legal fictions as touchstones of taxability E. holding that state law consequences of disclaimer and relationback doctrine are of no concern to operation of federal tax law

assistant: The best answer is E. holding that state law consequences of disclaimer and relationback doctrine are of no concern to operation of federal tax law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: failed to ' pay Tomlin at the time-and-a-half rate for the hours he worked in excess of forty per week. In the event of such a failure, we instruct the ALC to determine the rate of compensation to which Tomlin was entitled, the number of overtime hours that were underpaid, and the amount the Department owes Tomlin for his labor. II. Remaining Issues With regard to Tomlin’s remaining issues, we affirm based upon the following authorities: 1. As to the circuit court’s remand to the ALC for determination of the prevailing wage: Condor, Inc. v. Bd. of Zoning Appeals, City of N. Charleston, 328 S.C. 173, 178, 493 S.E.2d 342, 344 (1997) (preventing an appellant from arguing on appeal an issue conceded in the trial court); Bowman v. Bowman, 357 S.C. 146, 160, 591 S.E.2d 654, 661 (Ct.App.2004) (<HOLDING>). 2. As to whether Tomlin was an employee of Options: A. holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below B. holding a party cannot seek and receive a particular result at trial and then challenge it on appeal C. holding that defendant must object at trial to preserve as applied challenge for appeal D. holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court E. holding that claims based on grounds not objected to at trial cannot be considered on appeal

assistant: The best answer is B. holding a party cannot seek and receive a particular result at trial and then challenge it on appeal