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: at 1115. This Court held that the district court did not err because “the interview took place for the purpose of, and was reasonably pertinent to, medical diagnosis and treatment.” Id. Similarly, in George, 960 F.2d 97, the defendant was charged with sexually abusing his daughter. A doctor examined her five months after the alleged abuse, during which exam the minor identified George as the assailant. Id. at 98-99. The doctor also testified that “she asked about the assailant’s identity for the purpose of diagnosing and treating the victim.” Id. at 99. George was convicted. Id. On appeal, this Court held the district court did not abuse its discretion in admitting the doctor’s testimony. Id. at 100-01; see also People of Territory of Guam v. Ignacio, 10 F.3d 608, 613 (9th Cir.1993) (<HOLDING>). Here, Pike testified that when N.S. arrived Options: A. holding the record does not show that the statement to the social worker was for medical treatment because the social worker testified that he questioned the child to determine whether he needed to notify child protective services of a case of suspected child abuse B. holding that statements by a boyfriend to a social worker that he hit an abused mother as well as her child were not privileged C. holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child D. holding child welfare worker entitled to qualified immunity where child removed on reasonable suspicion of abuse E. holding that statements made to a social worker that may have bearing on a childs health safety and welfare are not privileged and are subject to compulsory disclosure under the harmful acts exception to social worker privilege

assistant: The best answer is A. holding the record does not show that the statement to the social worker was for medical treatment because the social worker testified that he questioned the child to determine whether he needed to notify child protective services of a case of suspected child abuse
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: prohibits the defendant from possessing a firearm, the court shall also order the defendant to transfer any firearm owned or possessed by the defendant immediately after service of the order to the appropriate law enforcement agency for the duration of the order.” ¶ 19 Here, the trial court did not follow these procedures or issue any transfer order, although service of the order of protection occurred at the hearing. This suggests the court overlooked the relevant laws; applied an incorrect legal standard, using the “reasonable cause” test under § 13-3602(E) rather than the “credible threat” test under § 13 — 3602(G)(4); or based its decision on the erroneous legal assumption that firearms restrictions automatically result from an order of protection. See Sanchez, 639 F.3d at 1204-05 (<HOLDING>). Any one of these legal errors would account Options: A. holding that state rights are equivalent to federal rights in this area B. holding that a nocontact order did not violate the right to freedom of association C. holding federal restrictions of firearms rights not triggered by general nocontact order D. recognizing that stateimposed restrictions upon property may be attributed to the federal government for purposes of a takings analysis where the state officials acted as agents of the federal government or pursuant to federal authority E. recognizing general rule

assistant: The best answer is C. holding federal restrictions of firearms rights not triggered by general nocontact order
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: v. Smith (In re BCE West, L.P.), 319 F.3d 1166, 1170-71 (9th Cir.2003) (“Our analysis under the general rules of statutory construction begins with the language of the statute itself.”) (citation omitted). The statute and implementing regulation, Regulation Z, both substantively contemplate mandatory tender at some procedural point. Regulation Z makes this completely mandatory as to money (which Plaintiff here has previously received in the form of a loan), while appearing to qualify the obligor’s return of property with an equitable option of returning the property’s reasonable value. The broader statutory scheme does not contradict this. Multiple cases have agreed. See, e.g., Merriman v. Beneficial Mortgage Co. of Kansas, Inc. (In re Merriman), 329 B.R. 710, 718 (Bankr.D.Kan. 2005) (<HOLDING>); Kratz, 2009 U.S. Dist. LEXIS 86479 at *8, Options: A. holding that contingent obligations are not liabilities under section 752 B. holding that pmaprocess is not specific regulation triggering preemption under section section 360k C. holding that because the debtors obligations were not discharged section 524 did not apply D. recognizing the strong remedial purpose of tila and the obligation to construe tila liberally in the consumers favor E. recognizing the reciprocal payment obligations of the lender and borrower under tila section 1635b and regulation z section 22623d

assistant: The best answer is E. recognizing the reciprocal payment obligations of the lender and borrower under tila section 1635b and regulation z section 22623d
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, together with the other Transaction Documents, constitute the entire agreement among the Parties with respect to the subject matter hereof and supersede all prior contracts or agreements with respect to the subject matter hereof and the matters addressed or governed hereby or in the other Transaction Documents, whether oral or written. Without limiting the foregoing, each of the Parties acknowledges and agrees that (i) this Agreement is being executed and delivered in connection with each of the other Transaction Documents and the transactions contemplated hereby and thereby, (ii) the performance of this Agreement and the other Transaction Documents and expected benefits herefrom and therefrom are a material inducement to the willingness of the Parties to enter into and perform this Agreement and the other Transaction Documents and the transactions described herein and therein, (iii) the Parties would not have been willing to enter into this Agreement in the absence of the entrance into, performance of, and the economic interdependence of, the Transaction Documents, (iv) the execution and delivery of this Agreement and the other Transaction Documents and the rights and obligations of the parties hereto and thereto are interrelated and part of an integrated transaction being effected pursuant to the terms of this Agreement and the other Transaction Documents, (v) irrespective of the form such documents have taken, or otherwise, the transactions contemplated by this Agreement and the other Transaction Documents are necessary elements of one and the same overall and integrated transaction, (vi) the transactions contemplated by this Agreement and by the other Transaction Documents are economically interdependent and (vii) such Party will cause any of its successors or permitted assigns to expressly acknowledge and agree to this Section 8(m) prior to any assignment or transfer of this Agreement, by operation of law or otherwise.

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: contest, Johnson’s motion to intervene is not precluded by the three-month statutory period contained in Indiana Code section 29-1-7-18. Therefore, we reverse and remand with instructions that Johnson et al be named as a plaintiff in this will contest. Reversed and remanded for proceedings consistent with this opinion. DARDEN, J., and KIRSCH, J., concur. 1 . Morgan also maintains that because Johnson did not address the issue of whether the trial court properly dismissed her Interve-nor’s Complaint as untimely, it is waived. Because this issue is intricately linked with whether Johnson should have been named as a plaintiff to the proceeding rather than a defendant under Indiana Code section 29-1-17-7, we address it. 2 . But see Smith v. Mitchell, 841 N.E.2d 215, 217 (Ind.Ct.App.2006) Options: A. holding that service of summons was insufficient to confer personal jurisdiction over defendant city where a copy of the summons and complaint was delivered to a person other than an official named in rule 4j5 B. holding that the trial court had continuing jurisdiction over all subsequent custody orders once the trial court acquired jurisdiction C. holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons D. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties E. holding that the trial court never acquired jurisdiction over the will contest due to sisters failure to tender a proper summons to interested parties

assistant: The best answer is E. holding that the trial court never acquired jurisdiction over the will contest due to sisters failure to tender a proper summons to interested parties
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: arguing that this evidence demonstrates he was meeting OCIC’s legitimate performance expectations. As to the opinions, they were offered either by those whose employment with OCIC ended well before Warch’s or by third parties who were never employed by OCIC at all. Thus, they lack probative value as to whether Warch was meeting his employer’s legitimate expectations at the time he was fired. See, e.g., Hawkins v. PepsiCo, Inc., 203 F.3d 274, 280 (4th Cir.2000) (disregarding plaintiffs opinions of her own performance because “[i]t is the perception of the decision maker which is relevant, not the self-assessment of the plaintiff,” and finding the opinions of her co-workers “similarly close to irrelevant”) (citations and internal quotation marks omitted); O’Connor, 56 F.3d at 547 (<HOLDING>); cf. King v. Rumsfeld, 328 F.3d 145, 149-50 Options: A. holding that a review of an employees 1989 performance was irrelevant to a determination of whether his performance was satisfactory at the time of his termination in august of 1990 B. holding that prior positive performance evaluations are not dispositive as to whether the employer was satisfied with the employees performance by the time of the termination C. holding that allegations concerning the plaintiffs satisfactory work performance termination and much younger replacement did not by themselves suffice to plead an age discrimination claim D. holding ones satisfactory performance of duties leading to a promotion does establish a plaintiffs qualification for a job E. holding that governmentcaused delay in contractor performance violated implied duty not to hinder performance of other party

assistant: The best answer is A. holding that a review of an employees 1989 performance was irrelevant to a determination of whether his performance was satisfactory at the time of his termination in august of 1990
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: egregious harm from the trial court’s error in submitting the lesser-included-offense charge. V. Conclusion We sustain appellant’s third issue to the extent that it concerns whether the State was entitled to the lesser-included-offense charge under the first step of the Rousseau lesser-included-offense test. Given our disposition, we need not consider the remainder of appellant’s third issue (concerning whether the State was entitled to the lesser-included-offense charge under the second step of the Rousseau lesser-included-offense test) or appellant’s second issue (concerning the factual sufficiency of the evidence). We reverse the judgment of the trial court and remand the cause with instructions to dismiss the indictment. See Hampton v. State, 165 S.W.3d 691, 694 (Tex.Crim.App.2005) (<HOLDING>) (footnotes omitted); Konchar v. State, 938 Options: A. holding that the greater offense is by definition the same for purposes of double jeopardy as any lesser offense included in it B. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense C. holding that court of appealss remedy on remand from reversal for harmful charge error based on failure to meet second step of rousseau lesserincludedoffense test was to remand for a retrial for the lesser offense because the jurys verdict that the appellant was guilty of the lesserincluded offense operates as an acquittal of the greater offense to which jeopardy had attached this prevents a retrial for the greater offense but not for the lesser offense D. holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense E. recognizing that it is within our power to direct entry of judgment on a lesser included offense when vacating a greater offense if the commission of the lesser offense can be established from facts that the jury actually found citations omitted

assistant: The best answer is C. holding that court of appealss remedy on remand from reversal for harmful charge error based on failure to meet second step of rousseau lesserincludedoffense test was to remand for a retrial for the lesser offense because the jurys verdict that the appellant was guilty of the lesserincluded offense operates as an acquittal of the greater offense to which jeopardy had attached this prevents a retrial for the greater offense but not for the lesser offense
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: at the right time. Wet weather can arrive at any time and frustrate all attempts to plant those final acres or harvest the last few fields. Consequently, even one day lost to jury duty may mean a setback of several days or even weeks in accomplishing these tasks. Under these unique circumstances, we find ample basis for finding a special hardship to farmers in serving on a jury during planting or harvesting season. Accordingly, their exclusion from jury service during these periods is justified and does not violate the fair-cross-section requirement of the Sixth Amendment. TV. Statutory Claim. Chidester claims the venire was illegally drawn because the procedure used in Webster County was contrary to Iowa Code section 607A.6, which provides, in part, that “[t]he court may 328 (1997) (<HOLDING>); State v. Coble, 100 Wis.2d 179, 301 N.W.2d Options: A. holding statute stating that judge could excuse jurors was violated when jury commissioners excused jurors B. holding statute allowing court to excuse jurors from jury duty and defining court as a judge was violated when clerk excused jurors without obtaining court approval of the excuses granted C. holding that double jeopardy barred the second prosecution when one of the jurors in the first trial became disabled and the trial court declared a mistrial instead of proceeding with eleven jurors D. holding that trial court abused its discretion in failing to make a proper inquiry of jurors andor failing to strike jurors for cause after jurors explicitly expressed bias E. holding statute empowering judge to excuse potential jurors was violated by board of supervisors action in exempting persons residing in a certain geographical area of district from serving on jury trial held in another part of district

assistant: The best answer is B. holding statute allowing court to excuse jurors from jury duty and defining court as a judge was violated when clerk excused jurors without obtaining court approval of the excuses granted
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: ’ II. A. Smith first complains that the district court erroneously refused to admit a 1996 Consumer Reports article regarding the stability of 1995 and 1996 Isuzu Troopers. The article gave 1995 and 1996 Isuzu Troopers a “not acceptable” rating because Consumer Reports’ testing showed that those vehicles had a propensity to roll over. The article, however, specifically disclaimed its applicability to earlier year-model Troopers: “The Not Acceptable rating does not apply to 1994 and earlier Troopers, has been applied to allow the admission of the preliminary or interim evaluative opinions of agency staff members. Indeed, to apply Rule 803(8)(A) in the fashion Smith suggests would swallow whole Rule 803(8)(C) and its limitations. Rule 803(8)(C) provides a hearsay exception r.1988) (<HOLDING>); City of New York v. Pullman, Inc., 662 F.2d Options: A. holding that the district court properly refused to admit a tentative internal irs referral report because it did not contain agency factual findings B. holding that district court properly considered a police report that the defendant had stipulated contained a factual basis for his plea C. holding that express adoption of factual findings in presentence report is sufficient D. holding that a district court satisfies its obligation to make factual findings when it explicitly adopts the factual findings set forth in the presentence report E. holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it

assistant: The best answer is A. holding that the district court properly refused to admit a tentative internal irs referral report because it did not contain agency factual findings
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: discuss the performance component of an ineffectiveness claim prior to the prejudice component, there is no reason for a court deciding such a claim to approach the inquiry in the same order or to address both components if a defendant makes an insufficient showing on one of them. Strickland, 466 U.S. at 697, 104 S.Ct. 2052. A court, therefore, need not determine the objective reasonableness of trial counsel’s conduct before examining the prejudice suffered by the defendant as a result of counsel’s alleged failures. Id. “If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.” Id. [¶ 49] Here, trial counsel’s conduct and the trial court’s evidentiary ruling did not (8th Cir.) (<HOLDING>), cert. denied, 540 U.S. 1094, 124 S.Ct. 970, Options: A. holding in the context of a plea that the strickland prejudice prong requires a defendant to demonstrate a reasonable probability that but for counsels errors he would not have pleaded guilty and would have insisted on going to trial B. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt C. holding that the defendant did not show prejudice to support ineffective assistance of counsel because any evidentiary error was harmless D. holding that the prejudice prong in strickland was not satisfied because counsels failure to raise an evidentiary issue would not have altered the result of the proceedings because the erroneous admission of the evidence would have constituted harmless error E. holding that the defendant could not establish prejudice for trial counsels failure to hire an expert when the experts testimony would not have changed the nature of the states evidence

assistant: The best answer is D. holding that the prejudice prong in strickland was not satisfied because counsels failure to raise an evidentiary issue would not have altered the result of the proceedings because the erroneous admission of the evidence would have constituted harmless error
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 by the parties hereto or in separate counterparts, each of which when so executed shall be deemed to be an original and all of which together shall constitute one and the same Agreement. A faxed or emailed signature shall be sufficient to bind a party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Escrow Agent shall maintain accurate records of all transactions hereunder. Promptly after the termination of this Agreement or as may reasonably be requested by the parties hereto from time to time before such termination, Escrow Agent shall provide the parties hereto, as the case may be, with a complete copy of such records, certified by Escrow Agent to be a complete and accurate account of all such transactions. The authorized representatives of each of the parties hereto shall have access to such books and records at all reasonable times during normal business hours upon reasonable notice to Escrow Agent and at the requesting party’s expense.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party's obligations under this Section 10.13 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Bank, the termination of the Loan Commitments and the repayment, satisfaction or discharge of all obligations under any Loan 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 legal provision and list the applicable contract clause categories. Provision: This Amendment shall be construed and interpreted in accordance with the rules of construction set forth in Sections 1.02 , 1.03 , 1.04 and 1.08 of the Credit Agreement.

assistant: Interpretations
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 become effective on the Restatement Date and thereafter shall be binding upon and inure to the benefit of each Borrower, the Administrative Agent, the Swing Line Agent and each Lender and their respective successors and permitted assigns, except that no Borrower shall have the right to assign its rights hereunder or any interest herein without the prior written consent of each Lender (and any other attempted assignment or transfer by any party hereto shall be null and void).

assistant: Binding Effects
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: to the maximum extent permitted by applicable law , truecaller makes no warranty or representation , either express or implied with respect to the services , their quality , performance , merchantability , fitness for a particular purpose or non-infringement of third party rights .

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: from being able to grant the requested relief, the case must be dismissed as moot.” Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir.1996). Here, Kostyshyn does not challenge the legality of his conviction or sentence. He only contends that he should have been released on bail during the pendency of his violation of probation charges. The record reveals that the Superior Court held his violation of probation hearing on October 29, 2004, and determined that Kostyshyn did not violate his probation. Thus, because there is no pending violation of probation proceeding, there is no “actual injury traceable to the [respondent] and likely to be redressed by a favorable judicial decision.” Spencer, 523 U.S. at 7, 118 S.Ct. 978; see Weeks v. Wyrick, 638 F.2d 690, 693 (8th Cir.1981)(<HOLDING>). Accordingly, I will dismiss this claim. B. Options: A. holding appeal moot on this basis B. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal C. holding that the settlement of a dispute generally renders a case moot D. holding that the repeal of a statute renders moot the question of its constitutionality and that the constitutionality of the new act does not arise on this appeal and will be decided if and when it is presented E. holding that the lack of any ongoing appeal of weeks conviction renders moot the question of bail pending direct appeal

assistant: The best answer is E. holding that the lack of any ongoing appeal of weeks conviction renders moot the question of bail pending direct 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: officers’ testimony that she exited Jose’s room screaming,' “It. was self-defense!” That statement was ambiguous though. It did not attribute Jose’s killing to any particular actor when the evidence showed that the actor could have been Samuel individually,, appellant individually, or both acting in concert. Second, the possibility that Samuel was the true killer meant that the jury did have a vehicle to acquit. Indeed, that vehicle remained possible in part because appellant did not take the stand and admit to the killing herself. Likewise, defense counsel could have invoked a claim of Self-defense in an opening statement, but by waiving an opening statement, counsel left the jury with the more difficult task of deciding for itself who was responsible for the killing., See id. at 455 (<HOLDING>). Third, the evidence weighed heavily against' Options: A. recognizing an innocent possession defense though the defense in that case is more properly considered a justification defense as life and limb were arguably at stake B. holding that the erroneous omission of a justification defense was harmless where counsel did not invoke the defense during either voir dire or opening statements and where the defense did not appear to be the primary focus of the defensive theory at trial C. holding that defense counsel was not constitutionally ineffective for presenting a diminished capacity defense as opposed to a defense of legal insanity D. holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second E. holding that the government did not waive an affirmative defense not pleaded in the answer because it raised the defense at a pragmatically sufficient time by listing the defense in the joint pretrial order

assistant: The best answer is B. holding that the erroneous omission of a justification defense was harmless where counsel did not invoke the defense during either voir dire or opening statements and where the defense did not appear to be the primary focus of the defensive theory at trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee shall have the authority, at or before the time of grant of any Award, to designate such Award as a Performance Compensation Award intended to qualify as “performance-based compensation” under Section 162(m) of the Code.

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: I agree that the terms of this Non-Compete Agreement may not be modified except by a written agreement signed by both me and the Company. This Non-Compete Agreement shall not supersede any other restrictive covenants to which I may be subject under an employment contract, benefit program or otherwise, such that the Company may enforce the terms of any and all restrictive covenants to which I am subject. The obligations herein are in addition to and do not limit any obligations arising under applicable statutes and common law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to mean that the City specifically explained that Appellants’ salary represented the total amount of compensation—including statutory overtime premiums—that they would receive for working the agreed-upon hours. But that is an erroneous in terpretation, in my view. In the parties’ stipulations, the term “total annual [pay]” is contrasted with “hourly [pay]” simply to explain that the City’s Wage Classification Plan sets forth Appellants’ salaries in annual rather than hourly terms. Id. at 93. Thus, the stipulation that the City explains a firefighter’s “total annual pay” to him at the time of his hiring cannot establish as a matter of law anything more than that the City explains a firefighter’s base annual salary to him. See Rice v. Paladin Enters., 128 F.3d 233, 253 (4th Cir.1997) (<HOLDING>). The stipulation states nothing about whether Options: A. holding that in ruling on a summaryjudgment motion record evidence must be viewed in a light most favorable to nonmovant B. holding record is viewed in light most favorable to verdict C. holding that we view the evidence in the light most favorable to the prevailing party D. holding that we view evidence in light most favorable to defendants requested submission E. holding that on review of grant of summary judgment to defendant stipulation must be interpreted in the light most favorable to plaintiff

assistant: The best answer is E. holding that on review of grant of summary judgment to defendant stipulation must be interpreted in the light most favorable to plaintiff
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will use the proceeds from the sale of each Note solely (i) to purchase participation interests in loan and interest receivables (in any non-payday loan product), originated by FinWise Bank, (ii) to fund certain fees and expenses associated with the consummation of the transactions contemplated by this Agreement, and (iii) subject to excess availability under this facility, to transfer funds as permitted under this Agreement.

assistant: Use Of Proceeds
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: unless you timely provide niantic with an arbitration opt-out notice , you acknowledge and agree that you and niantic are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees that upon Executive's violation or threatened violation of any of the provisions of this Agreement, the Company shall, in addition to any other rights and remedies available to it, at law, in equity, or otherwise, be entitled to specific performance and injunctive relief including, without limitation, an injunction to be issued by any court of competent jurisdiction enjoining and restraining Executive from committing any violation or threatened violation of the provisions of this Agreement and Executive consents to the issuance of such injunction without the necessity of bond or other security in the event of a breach or threatened breach by Executive of this Agreement. Furthermore and notwithstanding anything to the contrary in this Agreement, the Company shall, in addition to any other rights or remedies available to it, at law, in equity, or otherwise, be entitled to reimbursement of court costs, reasonable attorneys' fees, and any other expenses reasonably incurred by it or its affiliates as a result of a breach or threatened breach of this agreement by Executive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: incidents, all of which predated her injury. However, these arguments are irrelevant to her workers’ compensation claim. If she wanted to pursue these arguments, she should have appealed her termination, as she had every right to do for a fee of $100. Because Mitchell knowingly failed to avail herself of that right, the agency’s stated reason for terminating her—which is entirely understandable and reasonable on its face—should not be subject to question. See Wright v. White, 693 So.2d 898, 902 (Miss.1997) (“[F]or state law purposes the statutory method of administrative appeal and judicial review provided by the state civil service statute is the exclusive remedy for grievances related to state employment...."); see also Miss. Dep’t of Corr. v. McClee, 677 So.2d 732, 736 (Miss.1996) (<HOLDING>); Miss. Dep’t of Corr. v. Smith, 883 So.2d 124, Options: A. holding that plaintiff bears burden of production as well as persuasion B. holding that employer bears the full burden of persuasion for the facts requisite to an exemption C. recognizing that the burden of persuasion for a showing of prejudice was on the defendant D. holding that a debtor bears the burden of persuasion under 1325a E. holding that even if a state employees termination is properly appealed the employee bears the burden of persuasion that the alleged conduct did not occur

assistant: The best answer is E. holding that even if a state employees termination is properly appealed the employee bears the burden of persuasion that the alleged conduct did not occur
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 Borrower agrees to indemnify each Bank and to hold each Bank harmless from any loss or expense which such Bank may sustain or incur as a consequence of (a) default by such Borrower in payment of the principal amount of or interest on any Loan by such Bank, including, but not limited to, any such loss or expense arising from interest or fees payable by such Bank to lenders of funds obtained by it in order to maintain its Loans hereunder, (b) default by such Borrower in making a borrowing, conversion or continuance after such Borrower has given a notice in accordance with subsection 2.1, 2.2 or 2.9, (c) default by such Borrower in making any prepayment after such Borrower has given a notice in accordance with subsection 2.5 or 2.6 or (d) the making by such Borrower of a prepayment of a Committed Rate Loan (other than an ABR Loan), a Bid Loan or, to the extent agreed to by the relevant Borrower and the relevant Bank with respect to a Negotiated Rate Loan, a Negotiated Rate Loan on a day which is not the last day of an Interest Period with respect thereto (with respect to Committed Rate Loans) or the maturity date therefor (with respect to Bid Loans) or any agreed date (with respect to Negotiated Rate Loans), including, but not limited to, any such loss or expense arising from interest or fees payable by such Bank to lenders of funds obtained by it in order to maintain its Loans hereunder. This covenant shall survive termination of this Agreement and payment of the outstanding Loans. A certificate as to any amount payable pursuant to the foregoing shall be submitted by such Bank (and executed by an officer thereof) to the relevant Borrower, setting forth the computation of such amounts in reasonable detail, and shall be conclusive in the absence of manifest error.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS (OTHER THAN Section 5-1401 OF THE GENERAL OBLIGATIONS LAW OF THE STATE OF NEW YORK), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No order has been made, petition presented or meeting convened for the winding up of a Buyer, nor any other action taken in relation to the appointment of an administrator, liquidator, receiver, administrative receiver, compulsory manager or any provisional liquidator (or equivalent in any other jurisdiction) (or other process whereby the business is terminated and the assets of the company concerned are distributed amongst the creditors and/or shareholders or other contributors) in respect of a Buyer, there are no proceedings under any applicable insolvency, reorganisation or similar laws in any relevant jurisdiction against a Buyer, and no events have occurred which, under Applicable Laws, would justify any such proceedings.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (six times per day), the disputes regarding the other two factors are sufficient to preclude a holding on this issue at this time. C. Meal/Rest Breaks Equity has moved for summary judgment on Plaintiffs’ claim that they are entitled to compensation for the two unpaid thirty-minute “meal/rest breaks” required by Equity each shift. Equity argues these periods are properly excluded pursuant to §§ 203(o) and 254(a). However, by their terms these sections do not apply to .activities performed during the continuous work day. See 29 U.S.C. § 203(o) (limiting exclusion to activities performed “at the beginning or end of each workday”), § 254(a) (limiting exclusion to activities prior to the first principal activity or subsequent to the last); see also Alvarez, 546 U.S. at 37, 126 S.Ct. 514 (<HOLDING>). The Secretary of Labor has promulgated two Options: A. holding that questioning of a juvenile by a principal in presence of a police officer did not constitute an interrogation because principal was sole questioner and was not acting as an agent for police B. holding that a principal is bound by a contract entered into by the principals agent on her behalf if the agent had authority to bind the principal C. holding that agency relationship existed where principal paid plaintiff directly and written agreement stated agent was signing on behalf of principal D. holding that walking time performed after an employee performs the first principal activity and before the end of the last principal activity is not excluded by 254 E. holding that where the first amendment does not protect a certain activity there can be no first amendment right of association to engage in that activity

assistant: The best answer is D. holding that walking time performed after an employee performs the first principal activity and before the end of the last principal activity is not excluded by 254
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: committed the crime for which he was convicted. We reverse the order denying the Petition for Writ of Habeas Corpus and remand this case to the trial court to consider the petition as a motion for postconviction relief filed pursuant to rule 3.850, Florida Rules of Criminal Procedure, and to conduct an evidentiary hearing regarding the victim’s written statement. See Doby v. State, 25 So.3d 598 (Fla. 2d DCA 2010) (explaining why defendant’s petition for habeas corpus was properly treated by trial court as a motion under rule 3.850); Watts v. State, 985 So.2d 21, 22 (Fla. 2d DCA 2008) (“Therefore, the circuit court should have treated Watts’ petition as a motion for postconviction relief, despite its improper title.” (citing Bixler v. State, 971 So.2d 934, 935 (Fla. 2d DCA 2007) (<HOLDING>); Valdez-Garcia v. State, 965 So.2d 318, 319 Options: A. holding that claims raised in a postconviction motion cannot be relitigated in a habeas petition B. holding that the district court must resolve all claims for relief raised in a habeas petition regardless of whether habeas relief is granted or denied C. holding that untimely petition for postconviction petition divests trial court of jurisdiction D. holding statute of limitations for filing petition for postconviction relief not tolled by general savings statute tolling limited to reasons enumerated in state postconviction relief act E. holding that circuit court should have treated the habeas petition as a motion for postconviction relief

assistant: The best answer is E. holding that circuit court should have treated the habeas petition as a motion for postconviction relief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts and all of such counterparts taken together shall be deemed to constitute one and the same instrument. The exchange of copies of this Agreement and of signature pages facsimile of PDF transmission shall constitute effective execution and delivery of this Agreement as to the parties hereto and may be sued in lieu of the original Agreement for all purposes.

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: adequately explained and uncontested, scientific experts (by a wide majority) support the agency’s conclusion, and Appellants do not point to any scientific evidence that the agency failed to consider, we are bound to uphold the agency’s determination. Therefore we affirm the District Court’s decision to uphold the Listing Rule. We now address in turn each of Appellants’ seven principal claims that the Listing Rule is arbitrary and capricious. 1. Adequacy of FWS’s Explanation Appellants argue that FWS violated the APA and ESA by inadequately explaining how the predicted decrease in habitat would likely lead to such a dramatic population decline causing the species to be endangered within the next 45 years. See, e.g., Am. Radio Relay League, Inc. v. FCC, 524 F.3d 227, 241 (D.C.Cir.2008) (<HOLDING>). In particular, Appellants contend that FWS Options: A. holding that although the court must defer to an agencys expertise it must do so only to the extent that the agency utilizes rather than ignores the analysis of its experts B. holding that agency failed to justify its rulemaking with a discernible path of reasoning to which the court may defer C. holding that a court must defer to an agencys reasonable interpretation of a statute even if the court might have preferred another D. holding that circuit court should defer to supreme courts interpretation of the act E. holding that courts should defer to agencys interpretation of its own regulations if not plainly erroneous or inconsistent with the regulation

assistant: The best answer is B. holding that agency failed to justify its rulemaking with a discernible path of reasoning to which the court may defer