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: was inadequate, it was incumbent on counsel to notify the court of any inadequacies. Because counsel was ready to proceed,' we can clearly state- that any Richardson violation was harmless beyond a reasonable doubt under the standard of State v. DiGuilio, 491 So.2d 1129, 1135 (Fla.1986). In addition, appellant claims that the trial court committed fundamental er ror in allowing the first investigator to testify as an expert in crush analysis and speed when the qualifications of the officer to so testify were not placed in evidence. The defense never- argued below that the investigator was not qualified to render an opinion on crush or speed change, and instead argued a' discovery violation. The issue therefore was not preserved. See Anderson v. State, 863 So.2d 169, 181 (Fla.2003) (<HOLDING>). Moreover, not only was the investigator’s Options: A. holding party may not argue one ground at trial and another on appeal where appellant did not object to testimony at trial on the grounds raised on appeal that it was improper character evidence but objected only on the basis of relevancy issue was not preserved for review B. holding that the failure to object at trial customarily means that a party has not preserved the claim on appeal C. holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it D. holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal E. holding that a claim was not preserved for review where the defense failed to object on the specific grounds advanced on appeal

assistant: The best answer is E. holding that a claim was not preserved for review where the defense failed to object on the specific grounds advanced on appeal
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: 19 Estate of Neubert denied probate of the lost will, however, because the proponents there failed to meet the then existing statutory requirement of proving the lost will was in existence at the time of the testator’s death. Estate of Neubert, 59 Wn.2d at 687. That requirement was removed in 1995. Laws op 1994, ch. 221, § 20 (codified at ROW 11.20.070(2)). 20 The majority offers the possibility Myrna was the third individual in the room, and as such Taylor still could have been merely a notary and nothing more. See majority at 167. Even assuming this to be true, the 1993 will must be admitted to probate. Execution of a will is still valid even if one of the attesting witnesses is interested (i.e., a beneficiary under the will). RCW 11.12.160(2); Estate of Chambers, 187 Wash. at 420 (<HOLDING>). Rather the interested witness would lose his Options: A. holding that njeither the plaintiff nor fellow crewmen are qualified to testify as design experts B. holding that trial court did not abuse its discretion by determining expert witness was qualified to testify C. holding beneficiaries under a will are qualified to testify to execution D. holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify E. holding that defendants are not entitled to qualified immunity

assistant: The best answer is C. holding beneficiaries under a will are qualified to testify to execution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be amended or modified except (i) by an instrument in writing signed by, or on behalf of, the Company and the Investor, or (ii) by a waiver in accordance with Section 8.10 .

assistant: Amendments
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’s obligations under this Section 2.13 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Credit Document.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in particular , you are responsible for ensuring that you do not submit material that is ( i ) copyrighted , protected by trade secret or otherwise subject to third party proprietary rights , including privacy and publicity rights , unless you are the owner of such rights or have permission from their rightful owner ( ii ) a falsehood or misrepresentation ( iii ) offensive , unlawful , harmful to minors , obscene , defamatory , libellous , threatening , pornographic , harassing , hateful , racially or ethnically offensive , or that encourages conduct that would be considered a criminal offense , gives rise to civil liability , violates any law , or is otherwise objectionable ; ( iv ) an advertisement or solicitation of business ; or ( v ) impersonating another person .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to those duties owed to all of the shareholders. Id. In his Third Amended Complaint Henneberry simply takes out any mention of the other Smartix Shareholders, claiming that “SCOA owed Mr. Henneberry ral Practice and Procedure § 1357, at 548-53 (3rd ed.2004) (stating that a review of federal case law reveals the fact that “court[s] will not accept conclusory allegations concerning the legal effect of the events the plaintiff has set out if these allegations do not reasonably follow from the pleader’s description of what happened, or if these allegations are contradicted by the description itself’). Consequently, this allegation, on its face, fails to establish plaintiffs standing to bring suit as an individual. Cf. Bank of Am. Corp. v. Lemgruber, 385 F.Supp.2d 200, 224 (S.D.N.Y.2005) (<HOLDING>) (citing, inter alia, Glenn v. Hoteltron Sys., Options: A. holding that a corporation could be served by delivering a copy of the subpoena to an officer or managing or general agent of the corporation and that the agent could be an individual a partnership or another corporation B. holding that claims of corporation vest in corporation C. holding that individuals assumption of the role of president of the corporation and her authority to sign documents on behalf of the corporation demonstrate that she had the requisite control over the corporation for purposes of finding individual liability under section 5a D. holding that an officer or director generally owes a fiduciary duty only to the corporation over which he exercises management authority and any breach of fiduciary duty claims arising out of injuries to the corporation in most cases may only be brought by the corporation itself or derivatively on its behalf E. holding that an agent owes a fiduciary duty to his principal

assistant: The best answer is D. holding that an officer or director generally owes a fiduciary duty only to the corporation over which he exercises management authority and any breach of fiduciary duty claims arising out of injuries to the corporation in most cases may only be brought by the corporation itself or derivatively on its behalf
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 constitutes the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, among such parties with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ‘despite repeated efforts by Dr. Phelps to schedule a meeting with him on it’ and because it appeared that [Nurriddin] had deliberately avoided asking Dr. Phelps, his first line supervisor, for approval to travel.” Def.’s MSJ at 27 (quoting EEO Report of McGee Interview). Nurriddin does not produce evidence showing that he properly requested travel or that he had completed the work necessary to engage in the travel requested. He responds only by citing the alleged statements made to him by Owens and Phelps. Pl.’s Opp’n at 15. Nurriddin does not explain how these alleged statements are evidence that McGee’s denial of his travel request in November 1998 was retaliatory. And because Nurriddin does not provide information about who allegedly, denied his travel request in December .2005) (<HOLDING>). NASA instead provides a legitimate Options: A. holding that assignment of unfavorable class schedules did not constitute an adverse employment action absent evidence of materially adverse consequences B. holding that a transfer to a worksite 180 miles away from plaintiffs home did not necessarily constitute an adverse employment action while noting that such a transfer could under some circumstances constitute an adverse employment action C. holding that a transfer of job duties can constitute an adverse employment action D. holding that designation as awol did not constitute an adverse action E. holding that being socially isolated in the office did not constitute an adverse employment action as a matter of law

assistant: The best answer is D. holding that designation as awol did not constitute an adverse action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you and we can not reach an agreement to resolve the claim within 30 days after such notice is received , then either party may , as appropriate in accordance with this section 20 , commence an arbitration proceeding or file a claim in court .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: S.W.2d 681 (Ark.1980). Under this record and based upon the jury findings, I would affirm and reform the judgment to $410,830 being the damages occasioned by the failure to pay. Since the majority holds otherwise, I respectfully dissent. 1 . The majority also says: “We defer all changes in this common law rule to our Texas Supreme Court.” (citing Hancock v. Express One International, Inc., 800 S.W.2d 634 (Tex.App.—Dallas 1990, writ requested)). This court has not relied upon that maxim to avoid its responsibility in the past. See e.g. Hauck v. Sabine Pilots Service, Inc., 672 S.W.2d 322 (Tex.App.—Beaumont 1984), aff'd, 687 S.W.2d 733 (Tex.1985) (creating an exception to at will termination); Tidelands Automobile Club v. Walters, 699 S.W.2d 939 (Tex.App.—Beaumont 1985, writ refd n.r.e.) (<HOLDING>); Garrard v. St. Elizabeth Hosp., 708 S.W.2d Options: A. holding that under south dakota law compensation for negligent infliction of emotional distress requires manifestation of physical symptoms and intentional infliction of emotional distress requires an extreme disabling emotional response B. recognizing that the indiana tort claims act grants broad immunity to governmental employees from suit for malicious prosecution and intentional infliction of emotional distress C. recognizing the tort of intentional infliction of emotional distress D. recognizing the tort of intentional infliction of emotion distress for the first time in indiana E. holding parental child abduction compensable under intentional infliction of emotional distress

assistant: The best answer is C. recognizing the tort of intentional infliction of 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: use to which the property was put coincided in Dunn, it would be inappropriate to assume that the Court meant to modify the actual use test when it spoke of the officers’ knowledge. Still, if we examine “use” with reference to the objective knowledge that the officers had when they searched Reilly’s land, the result would be the same. Looking at the situation on Reilly’s property from the standpoint of the officers’ objective knowledge, we believe that reasonable officers would expect that the cottage was likely to be used for private activities. The district court found that the cottage area “appears to have been better maintained than the lawn area between the main residence and Woodard Road.” 875 F.Supp. at 118. Relying on United States v. Sumner, 793 F.Supp. 273, 275 (D.Kan.1992) (<HOLDING>), the court below found that Reilly had made Options: A. holding that only the manicured area of approximately four or five acres on a 240 acre property constitutes the curtilage B. holding that the fiveacre limitation on exemption for church property did not violate churchs constitutional protections of religious freedom where zoning ordinance required lot size in excess of five acres which resulted in partial taxation of church property C. holding that a warrantless search of garbage located within the curtilage of the defendants home violated his fourth amendment rights D. holding that for purposes of aerial surveillance using sophisticated equipment the open areas of an industrial or business complex are not analogous to the curtilage of a dwelling but falls somewhere between open fields and curtilage E. holding that since all of the buildings at 8670 jennings drive were within the curtilage of the property there was no need to demonstrate probable cause to search each building on the property

assistant: The best answer is A. holding that only the manicured area of approximately four or five acres on a 240 acre property constitutes the curtilage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Form or acquire any Subsidiary after the Closing Date, except in accordance with Sections 5.10 , 6.3 , and/or 6.11 ; or (b) permit any existing Subsidiary to issue any additional Stock except director’s qualifying interests and Stock issued to Loan Parties.

assistant: Subsidiaries
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: than ordinary wear and tear, or failure to perform ordinary repair, replacement or maintenance.” The scope of the authority of such special enabling acts is limited to “only those powers which are expressly conferred by statute or necessarily implied from those expressly conferred . . . .” Church v. Boston, 370 Mass. 598, 601 (1976). However, where the exercise of a particular power is, in fact, necessary to carry out the purposes expressed in the statute, general principles of agency authority establish that a “regulation may be authorized even where it cannot be traced to specific statutory language.” Grocery Manufacturers of America, Inc. v. Department of Pub. Health, 379 Mass. 70, 75 (1979), and cases cited. See Town Taxi, Inc. v. Police Commr. of Boston, 377 Mass. 576, 581 (1979) (<HOLDING>). It is further established that where, as Options: A. holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings B. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory C. holding that commissioners broad statutory authority to fix maximum and minimum rates for taxi industry includes power to adopt order reducing fares for elderly and handicapped D. holding that apprendi has not affected the district courts authority to determine facts for sentencing at or below the statutory maximum E. holding that primary jurisdiction and authority to fix rates rested exclusively and primarily in the psc

assistant: The best answer is C. holding that commissioners broad statutory authority to fix maximum and minimum rates for taxi industry includes power to adopt order reducing fares for elderly and handicapped
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, neither Holdings nor any other Loan Party has any Subsidiaries other than those specifically disclosed in Schedule 5.11, and all of the outstanding Equity Interests in the Borrower and the Subsidiaries (in each case, to the extent constituting Collateral) have been validly issued and are fully paid and (if applicable) nonassessable, and all Equity Interests owned by Holdings or any other Loan Party are owned free and clear of all security interests of any person except (i) those created under the Collateral Documents or under the Term Facility Documentation (which Liens shall be subject to the Intercreditor Agreement) and (ii) any other Lien that is permitted under Section 9.1 . As of the Effective Date, Schedule 5.11 (a) sets forth the name and jurisdiction of each Subsidiary, (b) sets forth the ownership interest of Holdings, the Borrower and any other Subsidiary in each Subsidiary, including the percentage of such ownership and (c) identifies each Subsidiary the Equity Interests of which are required to be pledged on the Effective Date pursuant to the Collateral and Guarantee Requirement.

assistant: Subsidiaries
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 Performance Share Units are subject to performance-based requirements described below in this Exhibit B (the “Performance Goals”). The Performance Share Units will vest only if the Performance Goals are satisfied, subject to Participant’s continued service with the Company through such vesting date.

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 legal provision and list the applicable contract clause categories. Provision: Your last day of employment with the Company will be October 9, 2017 (“Termination Date”). You may not be employed by another company or perform work which would be a conflict of interest with your work at Autodesk while employed by Autodesk. You and Autodesk may agree to an earlier Termination Date (such date, the “Early Termination Date”) and this will be reflected in a written addendum to this Agreement.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall automatically terminate without further action upon the earliest to occur (the “ Expiration Date ”) of ( i ) the Effective Time, ( ii ) the termination of the Merger Agreement in accordance with its terms, ( iii ) the written agreement of the Stockholders and Parent to terminate this Agreement, ( iv ) the occurrence of a Company Change of Recommendation and ( v ) any amendment, modification, waiver or other change to any provision of the Merger Agreement, as in effect on the date hereof, that reduces the amount or changes the form of consideration payable to any Stockholder. At any time, Parent and any Stockholder may mutually agree in writing to terminate this Agreement with respect to such Stockholder and, if so agreed, such Stockholder shall have no further obligations under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: After giving effect to the transactions contemplated under this Agreement, Borrower is able to pay its respective debts as they become due, and has capital sufficient to carry on its respective business and all businesses in which it is about to engage, and now owns Property having a value both at fair valuation and at present fair salable value greater than the amount required to pay Borrower’s debts, other than with respect to the Borrower’s guaranty of debt of affiliates of which it is not the primary obligor, given in connection with that certain Senior Secured Note Purchase Agreement dated July 27, 2017. Borrower will not be rendered insolvent by the execution and delivery of this Agreement or any of the other Credit Documents executed in connection with this Agreement or by the transactions contemplated hereunder or thereunder.

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 legal provision and list the applicable contract clause categories. Provision: As an inducement to Contractor to executed this Agreement, Company agrees to the execution of an Indemnification Agreement ("Indemnification Agreement"), on the terms and conditions substantially in the form annexed hereto as Exhibit B.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The applicable Lead Party will book all sales of the Licensed Products in the US Territory and the ROW Territory, respectively, and will have the sole responsibility for the processing of orders, invoicing, terms of sale, and distribution of the Licensed Products throughout the US Territory and the ROW Territory, respectively, associated therewith.

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 Term of this Agreement (“ Term ”) shall commence on the Effective Date and shall be effective until the last calendar day of the fifth month following the Effective Date. Lessee may dry lease the Aircraft pursuant to this Agreement for specific periods of time during the Term (“ Rental Periods ”). No Rental Period shall be for more than thirty (30) days.

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: Plaintiffs have not specifically alleged which representations they saw, heard, or read, Plaintiffs have not sufficiently pled which affirmations or promises formed the “basis of their bargain.” Accordingly, Defendants’ motion to dismiss is granted as to Plaintiffs’ express warranty claim. 2. Breach of Warranty Defendants contend that Plaintiffs have failed to allege that Defendants breached any express or implied warranty. Defendants argue that Plaintiffs failed to allege that the Products did not work for them or that they suffered any injury arising from use of the products. The Court is not persuaded by Defendants’ argument. Although Plaintiffs have not alleged sufficient facts regarding the express promises and affirmations of fact made by Defendants, the gist of their , at *14 (<HOLDING>). The cases cited by Defendants are Options: A. holding that the plaintiff failed to allege breach of a valid and enforceable contract but stated a claim for promissory estoppel B. holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract C. holding that plaintiff stated a claim for breach of express warranty where plaintiff alleged that align did not have proven digestive health benefits as advertised by procter gamble and was nothing but sugarfilled capsules injected with a small amount of unremarkable bacteria D. holding plaintiff lacked standing to challenge small business status of awardee because plaintiff was not a small business E. holding that although the express warranty claim was not federally preempted the plaintiff had not alleged sufficient facts for the claim to survive dismissal under rule 8 where the pjlaintiff alleged no facts demonstrating that defendants made any affirmations specifically to plaintiff or her physician so as to form the basis of the bargain

assistant: The best answer is C. holding that plaintiff stated a claim for breach of express warranty where plaintiff alleged that align did not have proven digestive health benefits as advertised by procter gamble and was nothing but sugarfilled capsules injected with a small amount of unremarkable bacteria
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: also , the arbitrator may award relief ( including monetary , injunctive , and declaratory relief ) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party 's individual claim ( s ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: where the contact was between the trial court judge and the jury, occurred with the knowledge of counsel and the defendant, and the contents of the communication were recorded and divulged to counsel and the defendant, it is hard to categorize this communication as “extrajudicial. ” Cf. Rushen v. Spain, 464 U.S. 114, 119-20, 104 S.Ct. 453, 78 L.Ed.2d 267 (1983) (employing a harmless error analysis, not a Remmer analysis, in evaluating whether ex parte, unrecorded, communication between trial judge and a juror was prejudicial). As the jurors learned of the threat via the court and not from á third-party, it is also questionable as to whether the communication could be classified as exposing the jury to “extraneous information.” see United States v. Tran, 122 F.3d 670, 673 (8th Cir.1997) (<HOLDING>); United States v. Rodriquez, 116 F.3d 1225, Options: A. holding that extraneous information which is unrelated to the case being tried is not prejudicial B. holding that rule 606b does not violate the sixth amendment C. holding that the only statements not disclosed were the probation officers recommendations which did not constitute factual information as contemplated by the statute D. holding that information disclosed to jurors as a result of their presence at trial ie that the defendant did not testify did not constitute extraneous prejudicial information within the meaning of the rule 606b exception E. holding that one jurors exposure to extraneous information concerning prior criminal acts of the defendant which she did not disclose to the other jurors before they rendered a verdict did not merit a new trial

assistant: The best answer is D. holding that information disclosed to jurors as a result of their presence at trial ie that the defendant did not testify did not constitute extraneous prejudicial information within the meaning of the rule 606b exception
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 of this Agreement and the other Loan Documents by Borrower and/or Guarantor, as applicable, will not conflict with or result in a breach of any of the terms or provisions of, or constitute a default under, or result in the creation or imposition of any Lien, charge or encumbrance (other than pursuant to the Loan Documents) upon any of the property or assets of Borrower pursuant to the terms of any indenture, mortgage, deed of trust, loan agreement, partnership agreement, management agreement or other agreement or instrument to which Borrower is a party or by which any of Borrower’s property or assets is subject, nor will such action result in any violation of the provisions of any Legal Requirements of any Governmental Authority having jurisdiction over Borrower or any of Borrower’s properties or assets, and any consent, approval, authorization, order, registration or qualification of or with any court or any such Governmental Authority required for the execution, delivery and performance by Borrower and/or Guarantor, as applicable, of this Agreement or any other Loan Documents has been obtained and is in full force and effect.

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: appellate courts must review the issue under the plain-error doctrine); Wheeler, 327 Ga. App. at 318 (3); King v. State, 317 Ga. App. 834, 836-37 (1) (733 SE2d 21) (2012). 45 Minor v. State, 328 Ga. App. 128, 132 (2) (a) (761 SE2d 538) (2014) (punctuation omitted); see Drayton v. State, 297 Ga. 743, 748-49 (2) (b) (778 SE2d 179) (2015) (explaining that before a jury charge will be considered reversible error, it must be considered in the context of the jury instructions as a whole). 46 Green v. State, 291 Ga. 287, 294 (8) (a) (728 SE2d 668) (2012) (punctuation omitted); accord Madison v. State, 329 Ga. App. 856, 865 (2) (766 SE2d 206) (2014); Williams v. State, 303 Ga. App. 222, 230-31 (6) (692 SE2d 820) (2010). 47 See Flournoy v. State, 294 Ga. 741, 743-44 (2) (755 SE2d 777) (2014) (<HOLDING>); Wheeler, 327 Ga. App. at 319-20 (3) (same). Options: A. holding state must prove every element of an offense beyond a reasonable doubt and a scheme that shifts the burden of proof to the defendant by presuming a fact upon proof of the other elements of the offense violates due process B. holding that an allegation as to the time of the offense is not an essential element of the offense charged in the indictment and within reasonable time limits proof of any date before the return of the indictment and within the statute of limitations is sufficient C. holding that a challenged jury instruction did not impermissibly shift the burden of proof when the trial court elsewhere instructed the jury that the state must prove its case beyond a reasonable doubt D. holding that trial courts jury instructions as a whole which indicated that defendant could only be found guilty if the state proved every material allegation in the indictment cured any potential problem that may have occurred when the court charged the entirety of the childmolestation statute E. holding that even when a jury instruction is defective such a defect is cured when the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt

assistant: The best answer is E. holding that even when a jury instruction is defective such a defect is cured when the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable 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: (a) Any and all payments by or on account of any obligation of the Borrower hereunder or under any other Loan Document shall be made free and clear of and without deduction for any Indemnified Taxes; provided that if the Borrower shall be required to deduct any Indemnified Taxes from such payments, then (i) the sum payable shall be increased as necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section) the Administrative Agent or Lender (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower shall make such deductions and (iii) the Borrower shall pay the full amount deducted to the relevant Governmental Authority in accordance with applicable law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: liability under the FTCA. 28 U.S.C. § 1346(b)(1). Santoni’s claims of false arrest, false imprisonment, assault, and battery rely on the premise that Desrosiers acted at least negligently by arresting Santoni without any lawful authority to do so. Under Maine law, the torts of assault and battery by a law enforcement officer require either a false arrest or the use of excessive force during or after taking an individual into custody. Bale v. Ryder, 290 A.2d 359, 360 (Me.1972). Similarly, in order to establish a tort claim of false arrest and false imprisonment “the authority upon which [P]laintiff is confined must be unlawful.” Nadeau v. State, 395 A.2d 107, 116 (Me.1978) (stating elements of false imprisonment claim); see Jedzierowski v. Jordan, 157 Me. 352, 172 A.2d 636, 637 (1961) (<HOLDING>). As we have already concluded, supra, Santoni Options: A. holding that plaintiff could not sidestep the ftcas exclusion of false imprisonment claims by suing for the damage of false imprisonment under the label of negligence B. holding that state jurisdiction over claims by union members against employer for false arrest false imprisonment and malicious prosecution were not preempted under garmon C. holding that false arrest and false imprisonment claim were not duplicative D. holding that false arrest is one means of committing false imprisonment E. holding that claims for false arrest and imprisonment under 1983 accrue at the time of the arrest

assistant: The best answer is D. holding that false arrest is one means of committing false imprisonment
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: 511 Pa. 299, 513 A.2d 373 (1986). Here, at the time of trial, Appellant did not give any indication to counsel that he had a history of mental illness or head injuries. Where the record at the time of trial indicated that the appellant did not suffer from any mental illness, we have held that the information available to trial counsel did not alert counsel to investigate such issues further. Commonwealth v. Brown, 582 Pa. 461, 872 A.2d 1139, 1150 (2005). See also Bracey, 795 A.2d at 944 (finding trial counsel was not ineffective for failing to present evidence of alleged abuse where neither defendant nor his family informed counsel of the abuse); Commonwealth v. Miller, 560 Pa. 500, 746 A.2d 592, 601 (2000) (same); Commonwealth v. Uderra, 550 Pa. 389, 706 A.2d 334, 339-40 (1998) (<HOLDING>). Based on this record, Appellant has not Options: A. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel B. holding trial counsel ineffective for failing to investigate and present evidence of the appellants good conduct in prison C. holding trial counsels failure to investigate and present substantial mitigation evidence during the sentencing phase can constitute ineffective assistance of counsel D. holding that trial counsel was not ineffective for declining to present mitigation evidence regarding appellants psychological problems and drug use when appellant failed to disclose any information about those problems prior to trial E. holding that the district court did not abuse its discretion by declining to grant the defendant an evidentiary hearing because the defendant failed to proffer any evidence that his trial counsel rendered ineffective assistance

assistant: The best answer is D. holding that trial counsel was not ineffective for declining to present mitigation evidence regarding appellants psychological problems and drug use when appellant failed to disclose any information about those problems prior to 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: You agree that you shall not, directly or indirectly, use, make available, sell, disclose or otherwise communicate to any person, either during your employment or at any time thereafter, any business and technical information or trade secrets, nonpublic, proprietary or confidential information, knowledge or data relating to the Company, any of its subsidiaries, affiliated companies or businesses, which shall have been obtained by you during your employment by the Company (or any predecessor). This restriction shall not apply to disclosures made during the routine course of business in fulfillment of your duties during the Employment Term, as described in Section 2. The foregoing shall not apply to information that (A) was known to the public prior to its disclosure to you or (B) you are required to disclose by applicable law, regulation or legal process (provided that you provide the Company with prior notice of the contemplated disclosure and cooperate with the Company at its expense in seeking a protective order or other appropriate protection of such information). The terms and conditions of this Agreement shall remain strictly confidential, and you hereby agree not to disclose the terms and conditions hereof to any person or entity, other than immediate family members, legal visors or personal tax or financial advisors, or prospective future employers solely for the purpose of disclosing the limitations on your conduct imposed by the provisions of this Section 8 .

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: knew of, but deliberately disregarded, that need. Dulany v. Carnahan, 132 F.3d 1234, 1239 (8th Cir.1997). In granting summary judgment, the district court concluded that Meuir satisfied his burden of showing that the Jail’s medical staff was aware of his serious medical need, but that he failed to show that they deliberately disregarded that need. Whether a prison’s medical staff deliberately disregarded the needs of an inmate is a factually-intensive inquiry. Coleman v. Rahija, 114 F.3d 778, 784 (8th Cir.1997); Jensen v. Clarke, 94 F.3d 1191, 1197-98 (8th Cir.1996). The plaintiff-inmate must clear a substantial evidentiary threshold to show that the prison’s medical staff deliberately disregarded the inmate’s needs by administering an inadequate treatment. See Dulany, 132 F.3d at 1239 (<HOLDING>). “[A] prisoner’s mere difference of opinion Options: A. holding inmates have no constitutional right to receive a particular or requested course of treatment and prison doctors remain free to exercise their independent medical judgment B. holding that inmates have no justifiable expectation of being incarcerated in any particular prison C. holding that prison officials failure to accommodate inmates meal requirements during ramadan violated his free exercise rights D. holding that inmates do not have the right to the medication of their choice E. holding a prisoner has no constitutional right to a job in prison

assistant: The best answer is A. holding inmates have no constitutional right to receive a particular or requested course of treatment and prison doctors remain free to exercise their independent medical judgment
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 are no Proceedings pending or, to the Knowledge of Parent, threatened in writing against Parent or any of its Subsidiaries, or against any present or former officer or director of Parent or any of its Subsidiaries in such individual’s capacity as such, except for those that would not, individually or in the aggregate, reasonably be likely to have a Parent Material Adverse Effect. There are no obligations or liabilities of Parent or any of its Subsidiaries, whether or not accrued, contingent or otherwise other than (i) liabilities or obligations disclosed, reflected, reserved against or otherwise provided for in the consolidated balance sheet of Parent as of March 31, 2017 and the notes thereto set forth in Parent’s quarterly report on Form 10-Q for the fiscal quarter ended March 31, 2017 (the “ Parent Balance Sheet ”); (ii) liabilities or obligations incurred in the ordinary course of business consistent with past practice since March 31, 2017; (iii) liabilities or obligations arising out of this Agreement or the transactions contemplated hereby; or (iv) liabilities or obligations that would not, individually or in the aggregate, reasonably be likely to have a Parent Material Adverse Effect. Neither Parent nor any of its Subsidiaries is a party to or subject to the provisions of any Order, stipulation or settlement of or with any Governmental Entity that would, individually or in the aggregate, reasonably be likely to have a Parent Material Adverse Effect (except to the extent expressly consented to by Parent pursuant to Section 6.6) or that would prevent, materially delay or materially impair the ability of Parent to consummate the Merger.

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: Upon the terms and subject to the conditions of this Agreement, at the Closing (defined below), (a) the Selling Stockholder shall sell, transfer and deliver to the Buyer, free and clear of all security interests, claims, liens, equities or other encumbrances, 740,896 shares of Common Stock (the “ Shares ”) at a purchase price of $0.98 per share, for an aggregate purchase price of $726,078.08 (the “ P urchase Price ”), and (b) the Buyer shall purchase and acquire the Shares from the Selling Stockholder in exchange for the payment by the Buyer of the Purchase Price, pursuant to Section 1 .02( b ) .

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 case excerpt and choose the best holding from the options. Case excerpt: Cal.3d 644, 647, 257 Cal.Rptr. 865, 771 P.2d 814 (1989) (emphasis added) (denying emotional distress claim to mother who neither saw nor heard son’s injury in a car accident). Plaintiff also argues that there is a special relationship between himself and Maserati that makes the economic loss doctrine inapplicable here. (Dkt. 22 at 15; see Aas, 24 Cal.4th at 636, 101 Cal.Rptr.2d 718, 12 P.3d 1125 (“In t , 157 Cal.Rptr. 407, 598 P.2d 60 (1979) (delineating the special relationship exception and holding that airport restaurant had special relationship with contractor who contracted with airport operator to renovate the airport, allowing restaurant to recover lost profits arising from construction delays caused by contractor); Biakanja v. Irving, 49 Cal.2d 647, 648-51, 320 P.2d 16 (1958) (<HOLDING>). Plaintiff is not a third party in relation to Options: A. holding that the special relationship exception does not apply to the relationship between a student and a school B. recognizing the existence of the special relationship C. holding that a decedents intended beneficiary had a special relationship with the notary public who had prepared a defective will D. recognizing limited thirdparty rights in the context of an attorneyclient professional relationship where the plaintiff was the intended beneficiary of the prevailing standard of care E. holding no abuse of discretion where judge had personal relationship with government witnesses but had not had contact with them for over ten years

assistant: The best answer is C. holding that a decedents intended beneficiary had a special relationship with the notary public who had prepared a defective will