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 legal provision and list the applicable contract clause categories. Provision: The Borrower will not, and will not permit any Subsidiary to, enter into any transaction, including any purchase, sale, lease or exchange of Property or the rendering of any service, with any Affiliate (other than the Guarantors) unless such transactions are upon fair and reasonable terms no less favorable to it than it would obtain in a comparable arm’s length transaction with a Person not an Affiliate; provided that the foregoing restriction shall not apply to transactions as follows: (i) transactions between or among the Borrower and any Guarantor or between and among any Guarantors; (ii) any Restricted Payment permitted by Section 9.04(a) or transactions permitted by Section 9.04(b); (iii) Investments permitted under Section 9.05(h), Section 9.05(i) or Section 9.05(j); (iv) loans and advances permitted under Section 9.05(k) and Guarantees permitted under Section 9.05(m); (v) the performance of employment, equity award, equity option or equity appreciation agreements, plans or other similar compensation or benefit plans or arrangements (including vacation plans, health and insurance plans, deferred compensation plans and retirement or savings plans) entered into by the Borrower or any Subsidiary in the ordinary course of its business with its employees, officers and directors; (vi) the performance of any agreement set forth under Schedule and existing on the date hereof or as otherwise in a form as 9.14 provided on such Schedule, together with each extension, renewal, amendment or modification to the extent it does not expand the scope of undertakings provided thereby on more restrictive or onerous terms than as in effect on the date hereof; and (vii) fees and compensation to, and indemnity provided on behalf of, officers, directors, and employees of the Borrower or any Guarantor in their capacity as such, to the extent such fees and compensation are customary.

assistant: Transactions With Affiliates
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: case. Accordingly, IT IS HEREBY ORDERED that plaintiff’s Motion to Compel Disclosure of Sources is GRANTED; that defendants are COMPELLED to disclose their sources for the two news stories that are the subject of this libel suit; and that if defendants fail to disclose their sources within 60 days, there shall ARISE a presumption that defendants had no sources, which presumption may be removed by disclosure of the sources within a reasonable time before trial. 1 . Nauru is an island republic in the Pacific. Hammer DeRoburt, in addition to being a citizen of Nauru, is also its President; however, he is bringing this suit in his individual rather than in his representative capacity. See this Court’s Order Denying Defendants’ Motion to Dismiss and/or for Sanctions, filed July 22, 1980 (<HOLDING>). 2 . Second Amended Complaint, 121, at p. 16. Options: A. holding plaintiff stated claim in his individual capacity B. holding that the plaintiff stated a claim for tortious interference C. holding that in a bivens action service upon employee in his official capacity does not amount to service in his individual capacity D. holding that a state officer sued in his individual capacity may be held personally liable for damages under 42 usc 1983 based upon actions taken in his official capacity E. holding a suit against a sheriff in his individual capacity was subject to section 1146llls notice requirements because the sheriff was acting in his official capacity

assistant: The best answer is A. holding plaintiff stated claim in his individual capacity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Professional Services Charge Exception only applies to Damages relating to fees or charges for Professional Services. In contrast, the PPE excludes coverage for Damages and Claims Expenses relating to'any profit or remuneration. Therefore, the broader PPE would not be rendered superfluous if the Professional Services Charge Exception were applied to third-party losses. Moreover, coverage under the policy would not be illusory because the policy would still provide coverage for judgments, awards, surcharges, and settlements that do not fall within any of the exceptions to Damages, as well as all Claims Expenses where the PPE or another exclusion is not implicated. See ACE Capital Ltd. v. Morgan Waldon Ins. Mgmt., LLC, 832 F.Supp.2d 554, 572 (W.D.Pa.2011) (applying Pennsylvania law) (<HOLDING>). Accordingly, applying the Professional Options: A. holding that an insurance policy providing that the insurance company would pay all reasonable expenses incurred by the insured at our request emphasis omitted did not establish an agreement that the insurer would cover attorney fees and costs to the insured in a declaratory action B. holding that an insurance policy is only illusory where it would not pay benefits under any reasonably expected set of circumstances and is not illusory simply because of a potentially wide exclusion internal quotations omitted C. holding that it is not D. holding that an insurer had no duty to defend in the absence of any cause of action amounting to a potentially covered offense under the insurance policy E. holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer

assistant: The best answer is B. holding that an insurance policy is only illusory where it would not pay benefits under any reasonably expected set of circumstances and is not illusory simply because of a potentially wide exclusion internal quotations omitted
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 persecution.” Mohammed, 400 F.3d at 796. Mohammed changed the legal landscape in two ways. First, it characterized the harm of already-performed FGM as permanent and continuing persecution. Id. at 800. Prior caselaw had focused on the actual procedure of FGM, rather than the stigma and lasting physical and psychological impacts, as persecution. See Kasinga, 21 I. & N. Dec. at 365. Second, Mohammed created an irrebuttable presumption that women who suffered already-performed FGM had a well founded fear of future persecution in their home countries. Mohammed, 400 F.3d at 801. Within two months of the Mohammed decision, while Mr. MuriuM’s appeal to the BIA was pending, Mrs. Mwangi filed a Motion for Remand. (Mrs. Mwangi was a derivative applicant on her husband’s application.) ir.2004) (<HOLDING>). We remand to the BIA to consider in the first Options: A. holding that the bia abused its discretion when it denied petitioners motion to reopen by failing to consider evidence of country conditions B. holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners claim C. holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it D. holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte E. holding that the bia does not abuse its discretion by giving summary consideration to evidence presented in a motion to reopen particularly when dealing with evidence which the bia is asked to repeatedly consider

assistant: The best answer is B. holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners 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 legal provision and list the applicable contract clause categories. Provision: There is no investigation, suit, action or litigation by or before any Governmental Authority and no legal, administrative or arbitration proceedings, in each case, pending, or to such Member’s knowledge, threatened in writing, against such Member that would have a material adverse effect on such Member.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and explained that “[b]ecause the law presumes parents will perform their obligations to their children, it presumes their prior right to custody, but this is not an absolute right.” Id. This Court further explained that “[w]hen a parent neglects the welfare and interest of his child, he waives his usual right of custody.” Id. at 437, 119 S.E.2d at 191. See also Wilson v. Wilson, 269 N.C. 676, 677, 153 S.E.2d 349, 351 (1967) (stating that “[w]hile it is true that a parent, if a fit and suitable person, is entitled to the custody of his child, it is equally true that where fitness and suitability are absent he loses this right”); In re Gibbons, 247 N.C. 273, 280, 101 S.E.2d 16, 21-22 (1957) (recognizing that the legal right of a parent to custody may yield to the interests of 551 (<HOLDING>); cf. Lassiter v. Department of Social Servs., Options: A. holding unwed father entitled to hearing on his fitness as a parent before children could be taken from him after death of their mother B. recognizing that because a child born out of wedlock may be legitimated by father strictly speaking illegitimacy is not an immutable characteristic C. holding that an illinois statute that conclusively presumed every father of a child born out of wedlock to be an unfit person to have custody of his children violated the due process clause and that due process required the father to be given an opportunity to present evidence regarding his fitness as a parent D. holding due process was violated by the automatic rejection of an unwed fathers custodial relationship without granting the father opportunity to present evidence regarding his fitness as a parent E. holding a state could not conclusively presume that any particular unmarried father is unfit to raise a child

assistant: The best answer is C. holding that an illinois statute that conclusively presumed every father of a child born out of wedlock to be an unfit person to have custody of his children violated the due process clause and that due process required the father to be given an opportunity to present evidence regarding his fitness as a parent
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 “the clarity of the exclusions in question” supported the conclusion “a reasonable person could not have understood coverage would exist”). Goodwin does not identify in his affidavit any way in which he misunderstood the policy exclusion. He merely quotes the insuring clause from the policy and then states that he “expect[ed] that this language means just what it says.” But insurance policy provisions are not interpreted in isolation. See Thomas, 749 N.W.2d at 682; Grinnell Mut. Reins. Co. v. Employers Mut. Cas. Co., 494 N.W.2d 690, 692 (Iowa 1993), called into doubt on other grounds by Corrigan, 697 N.W.2d at 113 n. 1. The insuring clause must be read in conjunction with the policy exclusions. Cf. Harlan v. Valley Ins. Co., 128 Or.App. 128, 875 P.2d 471, 472-73 (1994) (<HOLDING>). If the policy is not considered as a whole, Options: A. holding that a person is seized when a reasonable person would have believed that he was not free to leave B. holding in determining whether driver was insured under terms of policy exclusion of person using vehicle without a reasonable belief person was entitled to do so must be considered C. holding that to be convicted under dwi statute a person must be driving or in actual physical control of the vehicle but motion of the vehicle is not necessary D. holding that a lookout is not using a vehicle entitled to liability coverage under an insurance policy E. holding that unlicensed driver who was driving vehicle with permission of owners permittee could reasonably believe that permittee had authority to permit him to drive vehicle and thus driv er was entitled to liability coverage notwithstanding auto policy exclusion for any person using a vehicle without a reasonable belief that person is entitled to do so driver could have reasonable belief that he was entitled to use vehicle even though he was unlicensed where he was doing so at specific request of permittee and actual owner never instructed driver not to drive vehicle nor instructed permittee not to allow others to drive vehicle

assistant: The best answer is B. holding in determining whether driver was insured under terms of policy exclusion of person using vehicle without a reasonable belief person was entitled to do so must be considered
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: Accordingly, the state is not obligated to mitigate the risk of injury from a dangerous condition inherent in the design of a highway. To hold otherwise would require the state to reduce the risk of injury below the general state of being, repair, or efficiency of the road as initially constructed, and the statute specifically excludes from the state's maintenance obligation any duty to upgrade, modernize, modify, or improve the design of a facility. § 24-10-108(1); Springer, 13 P.3d at 802 ("The public entity has no duty under 'maintenance' to upgrade the construction of the facility."). For similar reasons, designs that become inadequate over time-because of a change in use of the highway or because of changing safety standards-need not be corrected. Willer 811 (Colo.App.2000) (<HOLDING>). In short, the state's duty to maintain is no Options: A. holding that the phrase to be taken is of course a future tense of the verb take B. holding that the trial court erred by imposing a duty of good faith on seattlefirst in relation to a course of dealing when that course of dealing conflicted with the express terms of the contract C. holding that a person who cut and removed timber from a golf course was liable to the owners of the course as a matter of law under the gtccs regardless how the person subsequently disposed of the timber ie by using selling or discarding it D. holding that while safety improvements to public golf course were both feasible and highly desirable the citys failure to take such steps did not create a dangerous condition on the golf course for purposes of the cgia E. holding that meterman was not entitled to compensation for time spent taking a course to advance to a higher paying job classification because his employer did not require him to take the course and he would have remained a meterman with the same responsibilities and credits had he chosen not to take the course

assistant: The best answer is D. holding that while safety improvements to public golf course were both feasible and highly desirable the citys failure to take such steps did not create a dangerous condition on the golf course for purposes of the cgia
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: 319, 335, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976)). In balancing these interests, we must “consider the proceedings as a whole.” Id. (internal quotation marks and citation omitted). {29} PNM averred that it was facing an immediate and critical financial crisis due, at least in part, to “the lack of appropriate recovery of rapidly escalating fuel and purchased power costs.” Indeed, PNM claimed that its financial condition was so severe that it was “experiencing difficulties in dealing with counterparties to procure power supplies and natural gas to serve customers.” Thus, PNM’s application for an Emergency FPPCAC implicated the substantial public interest in an efficient and uninterrupted supply of electric power and natural gas. See NMSA 1978, § 62-3-1(A)(1) (1967, prior to 2008 amendments) (<HOLDING>). {30} However, this public interest must be Options: A. recognizing the public interest exception B. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice C. holding that no liberty interest was implicated where the public reason for employees dismissal was that their services did not meet the expectations of the public employer D. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public E. holding that no public policy stated where employee and not public at large would benefit from employees whistleblowing actions

assistant: The best answer is D. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public
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 hereto shall take or cause to be taken such further actions as it is legally able to take, and shall execute, deliver and file or cause to be executed, delivered and filed such further documents and instruments as may be reasonably required or requested by the other parties in order to effectuate fully the purposes, terms and conditions of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon (i) delivery to the Administrative Agent of an Assignment and Assumption, together with any consents required by Section 13.3.1, and (ii) payment of a $3,500 fee to the Administrative Agent (unless otherwise agreed by the Administrative Agent in its discretion) for processing such assignment, such assignment shall become effective on the effective date specified in such Assignment and Assumption. On and after the effective date of such assignment, such Purchaser shall for all purposes be a Term Lender party to this Agreement and any other Loan Document executed by or on behalf of the Lenders and shall have all the rights and obligations of a Term Lender under the Loan Documents, to the same extent as if it were an original party hereto, and, with respect to any sale of all of the Term Loans of a Term Loan Lender, no further consent or action by any Loan Party, the Lenders or the Administrative Agent shall be required to release the transferor Lender as a Lender under this Agreement. Upon the consummation of any assignment to a Purchaser pursuant to this Section 13.3.2, the transferor Lender, the Administrative Agent and the Borrower shall, if the transferor Lender or the Purchaser desires that its Loans be evidenced by Notes, make appropriate arrangements so that new Notes or, as appropriate, replacement Notes are issued to such transferor Lender and new Notes or, as appropriate, replacement Notes, are issued to such Purchaser, in each case in principal amounts reflecting their respective Term Loans, as adjusted pursuant to such assignment. Such transferor Lender shall continue to be entitled to the benefit of Sections 3.1, 3.2, 3.4, 3.5 and 10.6(b) (to the extent such Lender’s entitlement to such benefit arose out of its position as a Lender prior to the applicable assignment except in respect of a Change in Law after the applicable assignment). The Administrative Agent, acting solely for this purpose as an agent of Borrower, shall maintain a register for the recordation of the names and addresses of the Lenders and principal amounts (and related interest amounts) of the Loans owing to each Lender from time to time (the “Register”). The entries in the Register shall be conclusive absent manifest error, and the Borrower, Administrative Agent, and Lenders shall treat each person whose name is recorded in the Register as the Lender with respect to the Loans shown in the Register as owing to such person, notwithstanding any notice to the contrary. The Register shall be available for inspection by the Borrower and any Lender at any reasonable time and from time to time upon prior reasonable notice.

assistant: Effective Dates
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: reason not noted on the record, the substance of the third note was never communicated to defense counsel and the judge did not respond to the jury. The jury eventually returned a verdict of guilty. The Seventh Circuit held that the trial court’s delay, which may have been up to one hour, in responding to the jury’s request was not unreasonable. Id. The Seventh Circuit did not require further deliberations. Id. Similarly, in U.S. v. Spagnolo, 546 F.2d 1117, 1119-20 (4th Cir.1976), the Fourth Circuit Court of Appeals held that, after sending a question to the judge, it is a jury’s decision whether to await an answer from the court or whether to resolve the question of guilt or innocence absent an answer to their inquiry. See also U.S. v. Rodriguez, 765 F.2d 1546, 1553-54 (11th Cir.1985) (<HOLDING>). In this case, the trial court judge relayed Options: A. holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict B. holding that it was reversible error for a trial court to fail to answer a jurys question on the burden of proof for two hours after which the jury returned a verdict C. holding jury verdict not inconsistent where jury unanimously determined that plaintiff failed to prove two elements necessary to recovery despite jurys failure to answer other questions on the special verdict form D. holding that after court dismissed case at plaintiffs request notwithstanding the fact that jury had deliberated upon the case and indicated that it had reached a verdict there was no case pending in court on which a verdict could be predicated and the information which the judge got from an inspection of the petition handed to him by the foreman of the jury was information which he received as an individual and not as a judge of the court and further holding that despite violation of defendants right to receive the verdict that was purportedly reached the writing incorporated in the bill of exceptions as a verdict of the jury was in law no verdict because it was not received in court and published as required by law and was instead entirely extraneous and extrajudicial E. holding that delay of 112 to 2 hours in responding to jurys questions during which time the jury reached a verdict was not unreasonable

assistant: The best answer is E. holding that delay of 112 to 2 hours in responding to jurys questions during which time the jury reached a verdict was not unreasonable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 4. The receiving Party hereby covenants that, during the validity period of this Agreement and for a period of five (5) years after its end or its termination, the Proprietary Information received from the disclosing Party shall: (c) not be used in whole or in part for any purpose other than the purpose of this Agreement as specified in the preamble and for the Project above without the prior written consent of the disclosing Party,

assistant: Yes
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 whether regulations passed pursuant to § 602 could create a federal right actionable under § 1983; South Camden, 145 F.Supp.2d at 516-20, the district court applied the Wilder-Blessing analysis and determined that the injunction could be up held under § 1983. South Camden, 145 F.Supp.2d at 524-49; see generally Wilder v. Virginia Hosp. Assn., 496 U.S. 498, 509, 110 S.Ct. 2510, 2517, 110 L.Ed.2d 455 (1990); Blessing v. Freestone, 520 U.S. 329, 340, 117 S.Ct. 1353, 137 L.Ed.2d 569 (1997). See also Frederick L. v. Dep't. of Public Welfare, 157 F.Supp.2d 509, 533-34 (E.D.Pa.2001) (actions brought under Title II of the ADA and the Rehabilitation Act were permissible under § 1983); Access Living of Metro. Chicago v. Chicago Transit Auth., No. 00C0770, 2001 WL 492473 (N.D.Ill. May 9, 2001) (<HOLDING>). Lucero v. Detroit Pub. Sch., 160 F.Supp.2d Options: A. holding that in a discrimination case plaintiff must prove that firing was a result of intentional discrimination B. holding plaintiffs had stated a claim for intentional discrimination under the ada and 504 C. holding ada claim was discharged D. holding that punitive damages may not be awarded in suits brought under 202 of the ada and 504 of the rehabilitation act E. holding plaintiffs bringing claims under the ada may establish intentional discrimination with a showing of deliberate indifference

assistant: The best answer is B. holding plaintiffs had stated a claim for intentional discrimination under the ada and 504
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 parties understand and agree that the purpose of the restrictions contained in this SECTION 5 is to protect the goodwill and other legitimate business interests of the Company, and that the Company would not have entered into this Agreement in the absence of such restrictions. Executive acknowledges and agrees that the restrictions are reasonable and do not, and will not, unduly impair his or her ability to make a living after the termination of his or her employment with the Company. The provisions of SECTION 4 and SECTION 5 shall survive the expiration or sooner termination of this Agreement. For purposes of SECTION 4 and SECTION 5, “ Company ” shall include any subsidiary, business unit or affiliate of the Company with respect to which Executive performs Executive’s duties.

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: Subject to the Committee’s discretion to accelerate vesting hereunder and/or any accelerated vesting provided under an effective employment agreement between the Company and the Participant, all unvested shares of Restricted Stock shall be immediately forfeited upon the Participant’s Termination of Directorship for any reason.

assistant: Forfeitures
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: judgment has been issued in this case. But see id. The plaintiff explains that she did not submit her motion earlier due to difficulties with “short-term legal representation and the burden of proceeding pro se.” See Pl.’s Resp. at 5; but see Williamsburg Wax Museum, 810 F.2d at 247. Given these difficulties, the court believes that the plaintiff has not previously had “abundant opportunity” to raise the issues which she is attempting to raise by amending her complaint. But see Williamsburg Wax Museum, 810 F.2d at 247; Kaplan v. Rose, 49 F.3d 1363, 1370 (9th Cir.1994) (stating that denial of leave to amend is appropriate where a plaintiff has had two previous amendments coupled with delay); State Trading Corp. of India, Ltd. v. Assuranceforeningen Skuld, 921 F.2d 409, 418 (2d Cir.1990) (<HOLDING>); The court now turns to the defendant’s Options: A. holding that the trial court abused its discretion when it failed to grant leave to the moving party to amend their complaint before final summary judgment was entered B. recognizing several reasons to deny leave to amend a complaint C. holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court D. holding that a court may deny leave to amend when the moving party had the opportunity to amend earlier but waited after judgment to do so E. holding that although district courts have discretion to deny leave to amend they may only do so for a substantial reason

assistant: The best answer is D. holding that a court may deny leave to amend when the moving party had the opportunity to amend earlier but waited after judgment to do so
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: are civil rather than criminal); Moore v. Moore, 222 Tenn. 1, 3, 431 S.W.2d 754, 755 (1968) (describing a proceeding for a suit for writ of error coram nobis as a “new action”); Dobie v. Commonwealth, 198 Va. 762, 769, 96 S.E.2d 747, 752 (1957) (explaining that a writ of error coram nobis “is in the nature of a civil action”); but cf. People v. Paiva, 31 Cal.2d 503, 505, 506, 190 P.2d 604, 606, 608 (1948) (noting that although proceedings on a writ of error coram nobis are civil in nature, they are part of the original criminal case, not a new adversarial suit). Some courts have held that although the coram nobis proceeding is collateral to the underlying criminal matter, it is not an independent civil action. See generally Dwyer v. State, 151 Me. 382, 393, 120 A.2d 276, 283 (1956) (<HOLDING>); State v. Endsley, 214 Or. 537, 541-42, 331 Options: A. holding that precise amount of loss for restitution purposes must be legally determined in the underlying criminal proceeding B. holding that as a matter of due process an indigent defendant in a criminal proceeding is entitled to psychiatric assistance when his mental capacity is at issue C. holding that a workers compensation proceeding is a legal proceeding D. holding that any condition a state criminal court imposes as part of a criminal sentence is not dischargeable in bankruptcy E. holding that a proceeding on a writ of error coram nobis is part of the underlying criminal matter

assistant: The best answer is E. holding that a proceeding on a writ of error coram nobis is part of the underlying criminal matter
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you can lose your user name and persona in the service as a result of account termination or limitation , as well as any benefits , privileges , earned items and purchased items associated with your use of the service , and supercell is under no obligation to compensate you for any such losses or results .

assistant: Content removal
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: Seller and Purchaser shall maintain the terms of this Agreement in confidence, and shall take all reasonable precautions to preserve its confidentiality at all times; provided however that either party may disclose the terms of this Agreement to its employees, agents, auditors and legal advisors who likewise have a confidentiality obligation, or as may otherwise be legally required, or in any filing required of such party or such party’s affiliate with any securities commission or other regulatory agency or as may be required by the securities listing requirements applicable to such party or such party’s affiliates.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: VI. Remaining Assignments of Error The appellant next argues that his conviction for attempted enticement of a minor was factually insufficient because his conversations with Ms. CG were insufficient to establish a substantial step toward completion of the crime. To the contrary, we conclude that his actions in de-conflicting his own work schedule, discerning when her mother would be absent, ensuring that she was not actually a police officer, discussing specific sexual activity, and asking her what items she might like for him to bring went beyond mere “hot air” and sufficiently demonstrated that the appellant took a substantial step toward enticement of a minor. United States v. Winekelmann, 70 M.J. 403, 407-08 (C.A.A.F.2011); see also United States v. Chambers, 642 F.3d at 594 (<HOLDING>). Based on our own de novo review of the record Options: A. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse B. holding that sexual harassment need not take the form of sexual advances or other explicitly sexual conduct in order to be actionable under title vii C. holding that allegations of sexual assault by an employee of the church fell within coverage for sexual misconduct D. holding evidence of past uncharged sexual encounters admissible in child sexual abuse case to show relationship between defendant and alleged victim E. recognizing that federal circuits view discussions as a substantial step when they involve arrangements for meetings discussion of sexual acts to be performed during meeting or grooming whereby the defendant exposes the child to sexual material in an effort to lower the childs inhibitions toward later sexual activity

assistant: The best answer is E. recognizing that federal circuits view discussions as a substantial step when they involve arrangements for meetings discussion of sexual acts to be performed during meeting or grooming whereby the defendant exposes the child to sexual material in an effort to lower the childs inhibitions toward later sexual activity
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: T his A g ree m e nt s e ts f o r th the e nti r e a g r ee m e nt a nd und er st a ndi n g b e t w e e n t he Comp a n y a nd me r e l a ting to the subj ec t m a tt e r h ere in a nd m er g e s a ll p r i or dis c ussions b e t wee n us. N o modi f i ca tion or a m e n dm e nt to this A g r e e m e nt, nor a n y wa i v e r of a n y r i g hts und e r this A g ree m e nt, w ill be ef f ec tive unl e ss approved by the Company’s Board of Directors and in wr iting si g n e d b y the Company’s General Counsel and me. A n y subs e qu e nt c h a n ge or c h a ng e s in m y duti e s, obl i g a tions, r i g hts or c om p e ns a tion w ill not affec t the v a lidi t y or s c o p e of this A g ree m e nt.

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: in the presence of no witnesses. Milligan was alone in the waiting area when he signed. The signature of the witness, which appeared on the document, was placed after defendant had left the office. Moreover, counsel for plaintiff certified that Milligan appeared before her when he did not. Since Section 42 clearly was not complied with, the attestation was also defective. C. Despite The Defective Acknowledgment And Attestation, The Mortgage Is Valid As Between The Parties To The Instrument, In the Absence Of Fraud And/Or Duress The next issue is whether the defective acknowledgment and attestation affect the validity of the mortgage instrument itself, in the absence of fraud and/or duress. Milligan asserts that acknowledgment and the attestation after he had (Idaho Ct. App. 1985) (<HOLDING>). Also see, In re Estate of Frutiger, 62 Misc. Options: A. holding that grantee who delivered the deed in proper form duly and legally acknowledged to clerk of proper office for recordation had done all he could do and all the law required him to do and deed would not be voided by clerks mistake in transcription B. holding that the fact that a deed is not properly acknowledged does not vitiate the validity of the transfer between the grantor and grantee C. holding when a deed provides grantee would take subject to the state of facts which a personal inspection or accurate survey would disclose grantee has no claim against grantor for power line easement D. holding a quitclaim deed yields only such interest in land as the grantor had at the time of the making of such deed E. holding that deed was valid when the deed was conveyed to grantee corporation which formally incorporated after the conveyance

assistant: The best answer is B. holding that the fact that a deed is not properly acknowledged does not vitiate the validity of the transfer between the grantor and grantee
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: N.E. 696 (1911); Justice v. Justice, 108 N.E.2d 874, 876 (Ohio Comm. Pl. 1952). Other cases reject the theory, taking the position that an alimony decree is not revived by a second separation following the reconciliation, and that a new application to the court is necessary. Brown v. Brown, 210 Ga. 233, 78 S.E.2d 516, 518 (1953); Moody v. Moody, 227 La. 134, 78 So.2d 536, 537 (1955); Hester v. Hester, 239 N.C. 97, 100, 79 S.E.2d 248 (1953); O’Hara v. O’Hara, 46 N.C. App. 819, 266 S.E.2d 59 (1980); Tiffin v. Tiffin, 2 Binn. 202 (Pa. 1809); M’Karracher v. M’Karracher, supra, 3 Yeates 56; Hill v. Hill, 62 Pa. Super. 439 (1916); Lund v. Lund, 6 Utah 2d 425, 315 P.2d 856, 858 (1957); Patterson v. Patterson, 4 D.L.R. 793 (Ont. 1928). See also Hawn v. Hawn, 505 S.W.2d 459, 463 (Mo. App. 1974) (<HOLDING>). In the instant case, the petition for a writ Options: A. holding that there was no abuse of discretion for denying the motion to change venue because although there had been some publicity surrounding the murder an independent review of the record demonstrates that there was no difficulty in seating the jury B. holding on the facts that there was no reconciliation but only an attempted reconciliation and reserving the question of revival of the alimony award if there had been a bona fide reconciliation C. holding that the trial court committed no error in sustaining objection to plaintiffs testimony that the water had been there for some time because the plaintiff had no personal knowledge of how long the puddle had been there D. holding if there has been no termination of employment there has been no layoff or reduction in force E. holding that there was no question that the full and fair opportunity element was met where there was no indication that such an opportunity was unavailable

assistant: The best answer is B. holding on the facts that there was no reconciliation but only an attempted reconciliation and reserving the question of revival of the alimony award if there had been a bona fide reconciliation
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: issue in this appeal. 2 . As discussed supra, appellant’s counsel was incorrect in stating that the trial court denied Jones’s motion. As noted, Jones’s motion was withdrawn prior to a ruling by the trial court. Nonetheless, appellant’s counsel's confusion on this point is perhaps understandable given that the trial court opined on how it would have ruled on Jones’s motion. 3 . I do not think that the trial court was suggesting that impeachment materials were outside the scope of Brady requirements. To the extent that the judge’s remark might be interpreted as such, obviously that is incorrect. See Youngblood v. West Virginia, - U.S. -, -, 126 S.Ct. 2188, 2190, 165 L.Ed.2d 269, 272-73 (2006) (citing United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct. 3375, 3380, 87 L.Ed.2d 481 (1985) (<HOLDING>)). 4 . Md. Rule 4-264 provides as follows: “On Options: A. holding that fourteenth amendment only applies to state action B. holding that the fourteenth amendment only applies to state action C. holding that brady applies to impeachment evidence D. holding that the preponderance of the evidence standard applies to 523 claims E. holding that 1447c applies to counsel

assistant: The best answer is C. holding that brady applies to impeachment evidence
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: claim. Further, the Commonwealth argues that Elliott has failed to demonstrate that the PCRA court abused its discretion by denying his ineffective for failing to raise the issue on appeal. We further agree with the Commonwealth that Elliott has not demonstrated good cause for further discovery on this issue. See Pa.R.Crim.P. 902(E)(2) (providing that discovery in a first counseled petition in a death penalty case is only permitted upon leave of court after a showing of good cause). Elliott offers no explanation regarding what further evidence or documentation exists to support his request. Thus, the PCRA court did not abuse its discretion by denying Elliott discovery additional to that already provided by the Commonwealth. Commonwealth v. Hanible, 612 Pa. 183, 30 A.3d 426, 484 (2011) (<HOLDING>). Issue VIII Instruction on Lie Detector Test Options: A. holding that record must show that evidence is exculpatory for defendant to establish brady violation B. holding that conjecture that opportunity to review homicide file might yield exculpatory evidence is inadequate to demonstrate good cause for discovery C. holding speculation insufficient to avoid summary judgment D. holding that production of documents without seeking a protective order waives the right to such an order unless there is a showing of good cause for the delay E. holding that speculation that production of requested documents might reveal exculpatory evidence is insufficient to establish good cause for discovery

assistant: The best answer is E. holding that speculation that production of requested documents might reveal exculpatory evidence is insufficient to establish good cause for discovery
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: negligence claims are preempted because they rely on the same facts, including the same harm, as their Title VII claims. In making this argument, defendant relies largely on Geise v. Phoenix Co. of Chicago, Inc., 159 Ill.2d 507, 203 Ill.Dec. 454, 639 N.E.2d 1273 (1994). This opinion has been “the source of the confusion” as to whether the preemption inquiry focuses on factual similarities. Spahn v. Int’l Quality & Productivity Ctr., 211 F.Supp.2d 1072, 1076 (N.D.Ill.2002). The Illinois Supreme Court, however, clarified in Maksimovic that the inquiry “focuses on legal duties, not facts.” Id. Because plaintiffs’ negligence claims rely on independent torts, the factual overlap between their sexual harassment and negligence claims is not dispositive. See French, 2010 WL 4684016, at *2 (<HOLDING>). Therefore, defendant’s motion to dismiss is Options: A. recognizing that it is not dispositive that the facts alleged in the ihra claim may be duplicative of facts alleged for the negligent retention claim B. holding that although the express warranty claim was not federally preempted the plaintiff had not alleged sufficient facts for the claim to survive dismissal under rule 8 where the pjlaintiff alleged no facts demonstrating that defendants made any affirmations specifically to plaintiff or her physician so as to form the basis of the bargain C. recognizing as viable actions in tort negligent hiring and negligent retention D. holding that because plaintiffs claims were presented as a single claim based on the same facts and based on the same alleged damages multiple awards would be duplicative E. holding that government may prove facts outside the overt acts alleged in the indictment

assistant: The best answer is A. recognizing that it is not dispositive that the facts alleged in the ihra claim may be duplicative of facts alleged for the negligent retention claim