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: (concluding that admission of hospital records in evidence against the defendant did not violate his right to confront witnesses because "[fireating physicians have every reason to be truthful, accurate, and complete when preparing hospital records”). 6 . Because the defendant in Tayman did not object to the admission of the certificate at trial, our opinion applied an obvious error standard of review. Tayman, 2008 ME 177, ¶ 23, 960 A.2d at 1158. 7 . Two courts have adopted the reasoning of Melendez-Diaz and held that certificates attesting to the fact that a government official searched particular records and failed to find either a permit or license were testimonial and violated a defendant's right to confrontation. See Tabaka v. District of Columbia, 976 A.2d 173, 175 (D.C.2009) (<HOLDING>); see also Washington v. Florida, 18 So.3d Options: A. holding that there is an inference from the existence of a blank for the name of defendants lawyer and from the absence of any evidence to the contrary that defendant was not represented by counsel B. holding that where appellant failed to present either expert or lay testimony as to the appropriate standard of care to be used appellant failed to present any evidence indicating the existence of an issue of fact thus summary judgment was proper C. holding that a certificate from a motor vehicles official which certified to the absence of any records indicating that appellant was issued an operators permit was testimonial D. holding that an employer must permit cpa to examine employers records E. holding that municipal court records were admissible under official records or public documents exception

assistant: The best answer is C. holding that a certificate from a motor vehicles official which certified to the absence of any records indicating that appellant was issued an operators permit was testimonial
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: pertinent part, that “[e]very court of common pleas shall have power to issue, under its judicial seal, every lawful writ and process to or to be served or enforced by system and related personnel as such courts have been heretofore authorized by law or usage to issue.” 42 Pa.C.S. § 912. Section 981(a Pa. 360, 192 A.2d 707 (1963) (noting that the issuance of a writ of prohibition is not within the powers, of a common pleas court and discussing the Act of May 22, 1722, 1 Sm.P.L. 131, which established a Supreme Court and County Courts of Common Pleas for Pennsylvania and invested the former with all the powers of the High Court Justices at Westminster, including the power to issue writs of prohibition and mandamus); Carpentertown Coal & Coke Co. v. Laird, 360 Pa. 94, 61 A.2d 426 (1948) (<HOLDING>). ■ Moreover, although section 721 states that Options: A. holding that district court had jurisdiction to consider claims under the all writs act B. holding that district courts have power to issue writs of prohibition to administrative agencies to prevent them from exceeding their jurisdiction C. recognizing that the supreme courts earliest uses of the kings bench powers commonly implicated the common law writs of mandamus and prohibition D. holding that district courts do not have appellate jurisdiction over state courts E. recognizing the supreme courts longstanding jurisdiction over writs of prohibition and mandamus to courts of inferior jurisdiction

assistant: The best answer is E. recognizing the supreme courts longstanding jurisdiction over writs of prohibition and mandamus to courts of inferior jurisdiction
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 represents the agreement of the Subordinated Borrowers, the Senior Lenders and the Subordinated Lenders with respect to the subject matter hereof and there are no promises or representations by any Subordinated Borrower, the Senior Lenders or any Subordinated Lender relative to the subject matter hereof not reflected herein.

assistant: Integration
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: Prior to the commencement of any Alterations, Tenant shall provide Landlord with evidence that Tenant or Tenant's contractor carries insurance for workers' compensation, "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably require, it being understood that all such Alterations shall be insured by Tenant pursuant to Article 14 of this Lease immediately upon completion thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: August 2008 complaint regarding being written up for excessive idle time and absences from his desk. Although Gardner generally testified that Elliott regularly subjected him to more excessive scrutiny than other employees and regularly harassed him and that other employees agreed that Gardner was being harassed or “persecuted,” such conclusory statements and allegations are insufficient to raise a fact issue: “If a witness provides a conclusion but does not provide underlying facts to support the conclusion, then the witness’s testimony is conclusory and legally insufficient to support a judgment.” Ortega v. Cach, LLC, 396 S.W.3d 622, 637 (Tex.App.-Houston [14th Dist.] 2013, no pet.) (Frost, J., dissenting); see also Ryland Group v. Hood, 924 S.W.2d 120, 122 (Tex.1996) (per curiam) (<HOLDING>); Texas Div.-Tranter, Inc. v. Carrozza, 876 Options: A. holding affiants statement that certain conduct constituted intentional or willful misconduct by defendant was conelusory because it stated conclusion and did not provide supporting facts B. holding that a refusal to make false statements that no misconduct occurred is a very different circumstance than an affirmative statement of misconduct C. holding that the affiants statement based upon his belief did not demonstrate the personal knowledge required by fedrcivp 56e D. holding that an employees purposeful violation of established safety rules despite instruction and warning constituted willful misconduct E. holding appellate argument that statement violated rule 404b was improper because it was the defendant who elicited the statement at trial

assistant: The best answer is A. holding affiants statement that certain conduct constituted intentional or willful misconduct by defendant was conelusory because it stated conclusion and did not provide supporting facts
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 laws of the State of ARIZONA (without giving effect to its conflicts of laws principles) shall govern all matters arising out of, in connection with or relating to this Agreement and the other Loan Documents (EXCEPT AS OTHERWISE PROVIDED THEREIN), including its validity, interpretation, construction, performance and enforcement (including any claims sounding in contract or tort law arising out of the subject matter hereof and any determinations with respect to post-judgment interest).

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: EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE OR REGULATION, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION (I) ARISING UNDER THIS AGREEMENT OR ANY ANCILLARY CLOSING DOCUMENT OR (II) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES IN RESPECT OF THIS AGREEMENT, ANY ANCILLARY CLOSING DOCUMENT OR ANY OF THE TRANSACTIONS, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE.

assistant: Waiver Of Jury Trials
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: crates constituted three COGSA packages, even though there were numerous individually wrapped smaller parcels inside the crates. 694 F.2d at 613-14. And in Omark Industries v. Associated Container Transportation, 420 F.Supp. 139 (D.Or.1976), the court held that six palletized units, not the 20 to 26 cardboard cartons inside each palletized unit, were the COG-SA packages. The palletized units consisted of a cardboard shell concealing the cartons within and attached to wooden pallets by means of metal straps. Id. at 142. The court asserted that pallets are not analogous to large metal shipping containers, id. at 143, and also made the following pertinent observation: It should be noted that it is not usually the smallest packaged unit incorp ion, 720 F.2d 629, 630-31 (11th Cir.1983) (<HOLDING>); Allied International American Trading Corp. Options: A. holding that bill of lading issued as to two containers was binding as to third container which was stolen and as to which no bill of lading issued provided that the bill of lading in evidence was the standard form bill of lading that carrier always used B. holding that the parties designated the number of packages in the bill of lading when they filled in the numbers 18 103 and 165 under the column heading no of pkgs C. holding that where bill of lading indicated 1320 cartons but did not indicate that the cartons were consolidated onto 52 pallets the 1320 cartons were the cogsa packages D. holding that where bill of lading stated both the number of palletized master cartons and the number of smaller cartons inside the palletized master cartons the smaller cartons were the cogsa packages because the palletized master cartons were analogous to shipping containers E. holding that 30 pallets were the cogsa packages where the bill of lading stated that there were 30 packages

assistant: The best answer is D. holding that where bill of lading stated both the number of palletized master cartons and the number of smaller cartons inside the palletized master cartons the smaller cartons were the cogsa packages because the palletized master cartons were analogous to shipping containers
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 not be assigned by any party hereto without the written consent of Secured Party. Secured Party may assign its rights hereunder to assignees, or to participants in the Note in accordance with the Loan Documents. This Agreement shall be binding on, and inure to the benefit of, the parties to it and their respective legal representatives, successors and permitted assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the representations and obligations of Landlord are contained herein and in the Exhibits attached hereto, each of which is incorporated herein by reference so that all references to “ Lease ” herein shall refer to the body of this Lease and all Exhibits thereto; and no modification, waiver or amendment of this Lease or of any of its conditions or provisions shall be binding upon Landlord or Tenant unless in writing signed by Landlord and Tenant or, as to Landlord, by a duly authorized agent of Landlord empowered by a written authority signed by Landlord.

assistant: Authority
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: had previously discussed potential applicability of estoppel to an FMLA claim, the Circuit had never actually applied it to any particular case). See also Peters v. Gilead Scis., Inc., 533 F.3d 594, 599-600 (7th Cir.2008) (Seventh Circuit reversed a lower court decision that had found equitable estoppel to be applicable to negate an FMLA eligibility defense, concluding that it was not necessary for the lower court to apply equitable estoppel wherein a state law promissory estoppel or contract claim might have otherwise been applicable). In addition, there is at least one case, post -Dormeyer, in which the Seventh Circuit has found equitable estoppel to be not applicable, wherein an employee plaintiff could not factually establish entitlement to FMLA leave. See Darst, 512 F.3d at 910-12 (<HOLDING>). Further, the Court notes that in nearly every Options: A. holding that a plaintiffs failure to obtain evidence of continuing treatment an element of a serious health condition was fatal to a plaintiffs fmla interference claim regardless of the plaintiffs allegations that the defendant failed to allow the plaintiff an opportunity to cure medical certification deficiencies in so ruling the 7th circuit denied the plaintiffs estoppel arguments and instead placed an affirmative duty on the plaintiff to present sufficient evidence to establish a serious health condition as defined by the regulations in order to overcome a summary judgment motion on an fmla interference claim B. holding that when the plaintiffs child was examined only once by a physician and was not required to be absent from day care for more than three days he had no serious medical condition within the meaning of the fmla C. holding that a plaintiffs failure to submit evidence of continuing treatment by a health care provider as defined by the regulations was fatal to a plaintiffs fmla interference claim regardless of the defendants alleged failure to allow the plaintiff an opportunity to cure medical certification deficiencies D. holding that an employers motives are irrelevant to a fmla interference claim E. holding that there was no sustainable fmla interference claim wherein a plaintiff could not establish that her daughter suffered from a serious health condition as defined by the regulations

assistant: The best answer is A. holding that a plaintiffs failure to obtain evidence of continuing treatment an element of a serious health condition was fatal to a plaintiffs fmla interference claim regardless of the plaintiffs allegations that the defendant failed to allow the plaintiff an opportunity to cure medical certification deficiencies in so ruling the 7th circuit denied the plaintiffs estoppel arguments and instead placed an affirmative duty on the plaintiff to present sufficient evidence to establish a serious health condition as defined by the regulations in order to overcome a summary judgment motion on an fmla interference claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the risk of injury.” In other words, Katzenmoyer contends that because Drumheller’s negligent operation of the ATV began when Drumheller was on the residence premises, the bodily injury suffered by Katzenmoyer is within the scope of the policy's coverage. Thus, Katzenmoyer attempts to avoid the policy’s exclusion of coverage for bodily injury arising out of accidents occurring “away from the insured premises.” This strategy for avoiding the impact of the policy’s exclusion of coverage for accidents occurring away from the residence premises has been rejected by other courts. See Federal Kemper Ins. Co. v. Derr, 386 Pa.Super. 382, 391-92, 563 A.2d 118, 123 (Pa.Super. 1989); Uguccioni v. United States Fidelity and Guaranty Co., 408 Pa.Super. 511, 514, 597 A.2d 149, 150 (Pa.Super.1991) (<HOLDING>); see also Farm Family Mutual Ins. Co. v. Options: A. holding that the plaintiffs location on the supply barge at the time of the accident did not alter his status B. holding that the allterrain vehicle being operated by michael pirrung was on an insured location at the time of his fatal accident C. holding that an insureds personal belief that he was not liable for an accident provided no basis for submitting the question of the reasonableness of his delay in notification to a jury when the insured knew the day after the accident that it had been claimed that the cable he had installed had caused the accident D. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle E. holding that business use exclusion did not apply to preclude coverage of an insured after a car accident when the insured had been transporting a refrigerator in his personal vehicle as a favor to a friend had no expectation of compensation except being reimbursed for the cost of gas and it was an isolated incident

assistant: The best answer is B. holding that the allterrain vehicle being operated by michael pirrung was on an insured location at the time of his fatal accident
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: In the event of a Change in Control, each Participant who has been awarded Restricted Stock pursuant to the LTIP and who is employed on the date of the closing of the Change in Control or who was involuntarily terminated without Cause during the 90-day period ending on the date of the closing of the Change in Control will receive a cash award equal to the dollar value of the award of Restricted Stock that would have been made under the LTIP to such Participant in the ordinary course of business within the 12-month period following the date of the Change in Control (i.e., the current year’s award that typically would be granted the following May), based on the Participant’s annual base pay as in effect on the date of closing of the Change in Control (or the date of the Participant’s involuntary termination, if earlier). Payment of this cash award will be made as soon as administratively practicable on or after the date of the closing of the Change in Control, but in no event later than 2-1/2 months after the earlier of (i) the closing of the Change in Control; or (ii) the last day of the year in which the Participant’s employment terminates, if employment terminates prior to the closing of the Change in Control.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: your access and use of the services ( regardless of whether you create an account with us ) , constitutes your agreement to these terms and our privacy policy , which is incorporated into the terms .

assistant: Contract by using
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: During the Employment Period, the Executive shall be entitled to twenty (20) days of paid time off ("PTO") per year. PTO shall be taken at such times as are mutually convenient to the Executive and the Company. The Executive may carry up to ten (10) days of unused PTO forward from one calendar year to the next. All other unused PTO will be forfeited at the end of the calendar year. The Company shall not pay executive for any unused PTO upon termination of employment except as required by applicable law or provided under Company policy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee shall make equitable substitutions or adjustments in the RSUs as it determines to be appropriate in the event of any corporate event or transaction such as a stock split, merger, consolidation, separation, including a spin-off or other distribution of stock or property of the Company, reorganization or any partial or complete liquidation of the Company and shall make equitable adjustments to the financial results utilized for determining the level of achievement of the performance criteria as it determines to be appropriate to eliminate the impact of subsequent events that are objective, represent unusual or extraordinary items or events or are otherwise determined to be appropriate to adjust for, including (i) restructurings, discontinued operations, foreign currency translation, acquisitions and dispositions and mark-to-market accounting, (ii) charges relating to impairment and other unusual or nonrecurring charges and (iii) a change in tax law or accounting standards, practices or policies; provided, any such substitutions or adjustments shall be made in such a manner so as to comply with Treas. Reg. Section 1.162-27(e)(2)(iii)(C).

assistant: Adjustments
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: “observed Terry' ... go through a series of acts, each of them perhaps innocent in itself, but which taken together warranted further investigation”); Paine v. City of Lompoc, 160 F.3d 562, 566 (9th Cir.1998) (finding that the police had reasonable suspicion to stop a suspected pugilist after receiving a report of a fight, witnessing a ring of apparent spectators, and after an onlooker yelled, “Cops!,” observing the suspect leave with a second, bloodied person). Here, many of the factors Pirone listed as his basis for suspecting the group of being the fighters he was looking for are, by themselves, innocuous. Other than their race, Pirone cited the group’s attempt to elude him on the train platform, but see Florida v. Royer, 460 U.S. 491, 497-98, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983) (<HOLDING>), and the fact that its members were standing Options: A. holding that flight from police can help establish reasonable suspicion for an investigatory stop B. holding that police officer was not justified in detaining a passenger who exited and began to walk away from a lawfully stopped vehicle absent an articulated reason as to why it was necessary to detain the passenger for the officers safety C. holding that passenger who attempts to walk away from a legal traffic stop cannot be detained absent reasonable suspicion of dangerous or criminal activity D. holding that coming from the wrong neighborhood does not give rise to reasonable suspicion E. holding that one does not arouse reasonable suspicion merely by attempting to walk away from the police

assistant: The best answer is E. holding that one does not arouse reasonable suspicion merely by attempting to walk away from the police
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 comply with (a) the laws and regulations applicable to the Borrower (including, without limitation, ERISA) wherever its business is conducted, (b) the provisions of its charter documents and by‑laws, (c) all agreements and instruments by which it or any of its properties may be bound, and (d) all decrees, orders, and judgments applicable to the Borrower, except where in any such case the failure to comply with any of the foregoing would not materially adversely affect the business, property or financial condition of the Borrower and its Subsidiaries, taken as a whole. If at any time while any portion of the Loans or any other amount hereunder or any Commitment is outstanding, any authorization, consent, approval, permit or license from any officer, agency or instrumentality of any Governmental Authority shall become necessary or required in order that the Borrower may fulfill any of its obligations hereunder or under any other Loan Document, the Borrower will promptly take or cause to be taken all reasonable steps within the power of the Borrower to obtain such authorization, consent, approval, permit or license and furnish the Lender with evidence thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: methamphetamine to the jury for the purpose of determining the applicable quantity for its Sentencing Guidelines calculations. The court did not find facts regarding the drug quantities beyond those found by the jury and Williams’s sentence did not exceed the applicable statutory máximums. The district court’s sentencing procedure, therefore, did not violate either Williams’s Fifth or Sixth Amendment rights. See Almendarez-Torres v. United States, 523 U.S. 224, 228, 118 S.Ct. 1219, 1223, 140 L.Ed.2d 350 (1998) (“An indictment must set forth each element of the crime that it charges. But it need not set forth factors relevant only to the sentencing of an offender found guilty of the charged crime.”) (citation omitted); Odili v. U.S. Parole Comm’n, 474 F.3d 1255, 1263 (11th Cir.2007) (<HOLDING>); United States v. Thomas, 446 F.3d 1348, 1355 Options: A. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 does not apply to a judges exercise of discretion within a statutory range so long as a defendants sentence is not set beyond the maximum term specified in the substantive statute B. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 was not violated where the sentence did not exceed the applicable statutory maximum C. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 did not overrule almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 D. holding that the safety valve provision of 18 usc 3553f is not unconstitutional under apprendi 530 us 466 120 sct 2348 147 led2d 435 or blakely v washington 542 us 296 124 sct 2531 159 led2d 403 2004 E. holding that 851 factfinding falls within the prior conviction exception set out in apprendi v new jersey 530 us 466 490 120 sct 2348 147 led2d 435 2000

assistant: The best answer is B. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 was not violated where the sentence did not exceed the applicable statutory maximum
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 Parties will use the proceeds of the Loans, together with cash on hand of Holdings and its Subsidiaries, on the Effective Date to directly or indirectly finance a portion of the Transactions. Following the Effective Date, Holdings and its subsidiaries will use the proceeds of (i) any Incremental Loan for working capital or any other purpose not prohibited by this Agreement (including but not limited to the financing of Permitted Acquisitions, other Permitted Investments and dividends and other distributions permitted hereunder in respect of shares of capital stock or other Equity Interests of the Borrower), (ii) any Revolving Loan for working capital and other corporate purposes, including the financing of Permitted Acquisitions, other Permitted Investments and dividends and other distributions permitted hereunder in respect of shares of capital stock or other Equity Interests of the Borrower and (iii) any Credit Agreement Refinancing Indebtedness, applied among the Loans and any Incremental Loans as directed by the Borrower.

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 legal provision and list the applicable contract clause categories. Provision: Each of the Loan Parties is qualified to do business and in good standing in every jurisdiction (to the extent such concept exists in the relevant jurisdiction) where its assets are located and wherever necessary to carry out its business and operations, including registration of each Loan Party that is a Macau company with the Macau Companies Registry, except in jurisdictions where the failure to be so qualified or in good standing has not had and would not reasonably be expected to have a Material Adverse Effect.

assistant: Qualifications
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 this line of cases is that if large shopping malls are not public fora for First Amendment purposes, than neither is a single retail store such as Super Target of Grand Forks. If the Super Target is not a public forum, then Defendant did not violate Plaintiffs First Amendment rights when it denied him access to its store for the purpose of collecting signatures for a petition. PruneYard Shopping Center, 447 U.S. at 81, 100 S.Ct. 2035 (citing Hudgens, 424 U.S. at 517-21, 96 S.Ct. 1029). Plaintiff has conceded this poi 918) (finding that the legislature did not violate the North Dakota Constitution by allowing an exemption of a benefit provided by a fraternal beneficiary society from attachment or garnishment); State ex rel. Linde v. Taylor, 33 N.D. 76, 156 N.W. 561, 564 (1916) (<HOLDING>). The actual purpose of Section 2 is to fulfill Options: A. holding that under separation of powers the legislative department makes the laws the executive department carries the laws into effect and the judicial department interprets and declares the laws B. holding that executive branch prosecution of disciplinary charges against a judge violated the separation of powers provision in the nevada constitution a provision identical to article v section 1 of the utah constitution C. recognizing in the psc context that a legislative delegation of power to a legislative or executive agency permitting an agency to declare what the law is violates floridas separation of powers doctrine D. holding executive branch prosecution of disciplinary charges against judge before commission violated separation of powers clause in nevada constitution E. holding that the executive legislative and judicial departments are public servants which must exercise their powers in the manner provided by the constitution

assistant: The best answer is E. holding that the executive legislative and judicial departments are public servants which must exercise their powers in the manner provided by the constitution
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: coverage for an ATV, which was not traveling on a public highway at the time of the accident, does not implicate the legislature’s concern for the cost of automobile insurance or the increase in the number of uninsured motorists driving on public highways. Pennsylvania Nat. Mut. Cas. Co. v. Black, 591 Pa. 221, 916 A.2d 569, 580 (2007) (citations and quotations omitted). ¶ 15 Moreover, our decision in this matter is also consistent with conclusions reached by our sister Court on a similar matter. In considering the application of the MVFRL to an ATV in a different context, the Pennsylvania Commonwealth Court concluded that an ATV was governed by the specific provisions of the SATVL and not the broader requirements of the MVFRL. See Pelter v. Com., DOT, 663 A.2d 844, 848 (Pa.Commw.1995) (<HOLDING>). ¶ 16 Based upon the foregoing, we agree that Options: A. holding that access to financial information was reasonably related to a defendants narcotics convictions because financial gain motivated the underlying crimes B. holding that the penalty is applicable C. holding that the financial responsibility requirements of the satvl and not the mvfrl were applicable to atvs D. holding rule applicable to witness E. holding that the definition of covered business method patent is not limited to products and services of only the financial industry or to patents owned by or directly affecting the activities of financial institutions

assistant: The best answer is C. holding that the financial responsibility requirements of the satvl and not the mvfrl were applicable to atvs
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: during the performance period, and a comprehensive appraisal of their performance in relation to those expectations at the close of each performance period. 10 . Although NCR also claims that Tomlinson was not aware of the policy during his employment, we decline to consider this argument because it is raised for the first time on appeal. See State v. Moa, 2012 UT 28, 123, 282 P.3d 985 ("As a general rule, in order to preserve an issue for appeal, the issue must be presented to the district court in such a way that the district court has an opportunity to rule on that issue." (brackets, citation, and int ed with such a specific disclaimer would not believe [the employer] intended to remove his at-will status"); Anderson v. Douglas & Lomason Co., 540 N.W.2d 277, 288-89 (Iowa 1995) (<HOLDING>). However, neither of these decisions involved Options: A. holding that contractual relationship between student and university did not include terms of the handbook because university retained right to unilaterally modify terms of handbook without notice plaintiff neither negotiated for nor assented to terms of contract and relevant correspondence did not call special attention to handbook B. holding that a disclaimer stating this particular code or policy handbook is not an expressed or implied contract of employment and does not create any contractual rights of any kind between employer and its employees was clear enough that a C. holding that the statement this employee handbook is not intended to create any contractual rights in favor of you or the company the company reserves the right to change the terms of this handbook at any time was sufficient to disclaim any implied contract to engage in progressive discipline D. holding that policies set out in employee handbook formed implied contractual obligations E. holding that an arbitration agreement in an employee handbook was illusory where the employer expressly reserved a right to unilaterally rescind any provisions of the handbook

assistant: The best answer is C. holding that the statement this employee handbook is not intended to create any contractual rights in favor of you or the company the company reserves the right to change the terms of this handbook at any time was sufficient to disclaim any implied contract to engage in progressive discipline
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: To the extent permitted by applicable law, the Guarantor hereby waives promptness, diligence, protest, notice of acceptance and any other notice or formality of any kind with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Buyer exhaust any right or take any action against any Transaction Party or any other Person. The Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and that the waiver set forth in this Section 4 is knowingly made in contemplation of such benefits. The Guarantor hereby waives any right to revoke this Guaranty, and acknowledges that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. Without limiting the foregoing, to the extent permitted by applicable law, the Guarantor hereby unconditionally and irrevocably waives (a) any defense arising by reason of any claim or defense based upon an election of remedies by the Buyer that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of the Guarantor or other rights of the Guarantor to proceed against any of the other Transaction Parties, any other guarantor or any other Person, and (b) any defense based on any right of set-off or counterclaim against or in respect of the Guaranteed Obligations of the Guarantor hereunder. The Guarantor hereby unconditionally and irrevocably waives any duty on the part of the Buyer to disclose to the Guarantor any matter, fact or thing relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Transaction Party or any of its Subsidiaries now or hereafter known by the Buyer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Amendment and the other documents executed in connection herewith and the transactions contemplated hereby and thereby (i) are within the authority of Borrower and Guarantors, (ii) have been duly authorized by all necessary proceedings on the part of the Borrower and Guarantors, (iii) do not and will not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which any of the Borrower or Guarantors is subject or any judgment, order, writ, injunction, license or permit applicable to any of the Borrower or Guarantors, (iv) do not and will not conflict with or constitute a default (whether with the passage of time or the giving of notice, or both) under any provision of the partnership agreement or certificate, certificate of formation, operating agreement, articles of incorporation or other charter documents or bylaws of, or any material agreement or other instrument binding upon, any of the Borrower or Guarantors or any of their respective properties or to which any of the Borrower or Guarantors is subject, and (v) do not and will not result in or require the imposition of any lien or other encumbrance on any of the properties, assets or rights of any of the Borrower or Guarantors.

assistant: Authorizations
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: States v. Bowman, 634 F.3d 357, 360 (6th Cir.2011) (published opinion) (internal quotation marks omitted). “But because plea agreements’ constitutional and supervisory implications raise concerns over and above those present in the traditional contract context, in interpreting such agreements we hold the government to a greater degree of responsibility than the defendant ... for imprecisions or ambiguities in the plea agreements.” Id. (alteration in original) (internal quotation marks omitted). “Ambiguities in a plea agreement are therefore construed against the government, especially because the government can take steps in drafting a plea agreement to avoid imprecision.” Id. (citing United States v. Fitch, 282 F.3d 364, 367-68 (6th Cir.2002)); see also Gordon, 480 F.3d at 1209-10 (<HOLDING>). We therefore hold that Freeman did not waive Options: A. holding that equitable restitution is available but that legal restitution is not B. holding that where the government has not presented evidence at the hearing concerning the appropriate amount of restitution the imposition of the restitution order constitutes plain error C. holding no restitution hearing is mandated when defendant did not object to order of restitution or request a hearing D. holding that as a matter of contract interpretation a plea agreement permitting a court to impose a restitution order beyond that authorized by statute might well be unenforceable on grounds of public policy and that the defendant is entitled to presume when she entered the plea agreement that the judge would order restitution in a legal manner E. holding that a district court may order restitution despite a settlement agreement

assistant: The best answer is D. holding that as a matter of contract interpretation a plea agreement permitting a court to impose a restitution order beyond that authorized by statute might well be unenforceable on grounds of public policy and that the defendant is entitled to presume when she entered the plea agreement that the judge would order restitution in a legal manner
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: Id. at 262-63, 102 S.Ct. 2421 (quoting Barr v. City of Columbia, 378 U.S. 146, 149, 84 S.Ct. 1734, 12 L.Ed.2d 766 (1964)). Coe says that because Tennessee’s waiver practice has not been consistent in cases with similar circumstances, it cannot serve as the basis for a procedural bar. The state responds by citing numerous eases that establish waiver, and it has the better of the argument. Coe’s eases are mostly either adverse, or too old to constitute current “strict and regular” practice. The few that remain are isolated and unpublished, and so are also insufficient to defeat an otherwise “strict and regular” practice. See Delbridge v. State, 742 S.W.2d 266 (Tenn.1987) (not mentioning waiver); Moore v. State, No. 03C01-9212-CR-00445, 1994 WL 17864, at *3 (Tenn.Crim.App. Jan. 25, 1994) (<HOLDING>); Sneed v. State, No. 03C01-9201-CR-00027,1992 Options: A. recognizing requirement of knowing intelligent waiver B. recognizing that courts will enforce waiver of appeal rights when waiver is knowing and voluntary C. holding that trial court has no duty to establish waiver on record D. holding that a defendant must demonstrate a knowing waiver E. holding that record did not establish knowing waiver

assistant: The best answer is E. holding that record did not establish knowing waiver
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as would not reasonably be expected, individually or in the aggregate to have a Material Adverse Effect: (a) each of the Company and its ERISA Affiliates is in compliance with the presently applicable provisions of ERISA and the Code with respect to each Plan and the terms of each Plan, and (b) no ERISA Event has occurred or is reasonably expected to occur.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not have authority over Plaintiffs teaching or writing, they could not give him orders that he had to obey, and they did not have ultimate authority over whether or not he would be retained by University.” Id. at 629. Similarly, the Journalism Department faculty were responsible for reviewing Ku-bik’s progress and for making a recommendation, but did not have authority to reappoint Kubik. In fact, the Department’s first recommendation that Kubik not be reappointed was rejected by Dean Gha-nem. Kubik attempts to distinguish Sam Han by arguing that the Sixth Circuit was applying an Ohio statute, but the statutory language is substantially identical. See Ohio. Rev. Code § 4112.02. See also Masi v. DTE Coke Operations, LLC, No. 06-11592, 2007 WL 2827845, at *7 (E.D. Mich. Sept. 27, 2007) (<HOLDING>). Kubik cites Dutt v. Delaware State College Options: A. holding that individual employees are not liable under title vii B. holding that the individual defendant does not have to be in privity of contract with the plaintiff to be held liable under 1981 C. holding that individual defendants may not be held liable for violations under title vii D. holding that individual defendants were not liable under the elcra because they did not have the authority to rehire the plaintiff E. holding that the defendants were not liable for failing to perform the thorough professional investigation the plaintiff would have preferred

assistant: The best answer is D. holding that individual defendants were not liable under the elcra because they did not have the authority to rehire the 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: Wherever any words are used in the Plan in the masculine gender they shall be construed as though they were also used in the feminine gender in all cases where they would so apply, and wherever words are used herein in the singular form they shall be construed as though they were also used in the plural form in all cases where they would so apply.

assistant: Construction
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 binding upon and inure to the benefit of the successors and assigns of the Company. The Company shall be obligated to require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the Company’s business or assets, by a written agreement in form and substance satisfactory to the Executive, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no succession had taken place. This Agreement shall inure to the extent provided hereunder to the benefit of and be enforceable by the Executive or his legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. The Executive may not delegate any of his duties, responsibilities, obligations or positions hereunder to any person and any such purported delegation by him shall be void and of no force and effect with respect to matters relating to his employment and termination of employment. Without limiting the foregoing, the Executive’s rights to receive payments and benefits hereunder shall not be assignable or transferable, other than a transfer by the Executive’s will or by the laws of descent and distribution.

assistant: Assignments