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: as the case may be, may commence the action, after the removal of such disability, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from the removal of such disability. TenmCode Ann. § 28-1-106 (2000) (emphasis added). The parties in this case are not contesting before this Court that Hunt was, at the time this action accrued, and still is, of unsound mind. Abels argues that because Hunt has been of unsound mind since his injury, Tennessee’s legal disability statute tolls the running of the statute of limitations in this case. RSC contends that Hunt’s disability was removed when Abels was appointed Hunt’s legal guardian, so that the one-year statute of limitati 39, 541 N.E.2d 334, 337 (1989) (<HOLDING>); Talley v. Portland Residence, Inc., 582 Options: A. holding that attorneys mental illness may justify equitable tolling B. holding that tolling statute applicable to incompetent plaintiffs continues in effect in spite of appointment of guardian ad litem C. holding that appointment of guardian does not operate to start statute of limitations running in cases where title to cause of action is in person belonging to class of disabled persons encompassed within tolling provision D. holding that tolling statute applicable to those disabled by minority or mental illness continues to operate regardless of guardians appointment E. holding that where client was abandoned by attorney due to attorneys mental illness equitable tolling may be appropriate

assistant: The best answer is D. holding that tolling statute applicable to those disabled by minority or mental illness continues to operate regardless of guardians appointment
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 ASSIGNMENT SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAW (OTHER THAN TITLE 14 OF ARTICLE 5 OF THE GENERAL OBLIGATIONS LAW).

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: The Plan is incorporated herein by reference. The Plan and this Agreement (including the exhibits referenced herein, including the Joint Escrow Instructions), along with any Separate Agreement (to the extent applicable) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede in their entirety all prior undertakings and agreements of the Company and Participant with respect to the subject matter hereof. Participant expressly warrants that Participant is not executing this Agreement in reliance on any promises, representations, or inducements other than those contained herein. Participant has read and understands the terms and provisions of the Plan and this Agreement, and agrees with the terms and conditions of this grant of Restricted Stock in accordance with the Plan and this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: This Supply Agreement may be executed in counterparts, each of which shall be deemed to be an original document, and all of which together with this writing shall be deemed one instrument. Signatures provided by facsimile transmission or in PDF sent by electronic mail shall be deemed to be original signatures.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is not so weak, nor is the contrary evidence so overwhelming, that the finding should be set aside and a new trial ordered. See Pool, 715 S.W.2d at 635; Cain, 709 S.W.2d at 176. We overrule the potions Wise Electric’s first and second issues challenging the legal and factual sufficiency of the evidence to support the trial court’s findings of fact 36 through 41, 53, 55 through 58, 63, and 64. Because AHC met its bürden of establishing that no post-fire market existé for any of its smoke-damaged inventory, the general rule for measuring negligently-inflicted damages to personal property — that being the difference between its market value immediately after the injury at the place where the damage occurred — does not apply here. See Pasadena State Bank, 149 Tex. at 50, 228 S.W.2d at 128 (<HOLDING>); Int’l-Great N. R.R. Co., 46 S.W.2d at 670 Options: A. holding that damage to building and personal property as a result of fire negligently caused by defendant was to be measured by reasonable cash market value of the property at the time it was destroyed by the fire or if it was not totally destroyed by the diminution in its fair market value before and after the fire B. recognizing that the personal property destroyed might not have a market value triggering variations in the way in which the method of determining damages may be stated to achieve proper compensation for the injury inflicted as a proximate result of the wrongful act complained of C. holding that the measure of damages of converted property is the market value at the time of conversion D. recognizing the conduct giving rise to punitive damages must be a proximate cause of the harm inflicted E. holding that the injury was inflicted by the defendant when it occurred as a result of the defendants combative conduct

assistant: The best answer is B. recognizing that the personal property destroyed might not have a market value triggering variations in the way in which the method of determining damages may be stated to achieve proper compensation for the injury inflicted as a proximate result of the wrongful act complained of
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, RHP will continue to pay the Key Employee a salary at not less than the amount paid to Key Employee on the Change of Control Date, and continue employee benefit programs to or for the benefit of Key Employee and his or her beneficiaries at levels in effect on the Change of Control Date as more particularly described in Section 5.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two counterparts, both of which shall be deemed an original, but both of which taken together shall constitute one and the same instrument. Signed copies of this Agreement transmitted by facsimile will be accepted by the parties, and the parties shall be entitled to rely upon such copies as though they bear original signatures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments required to be made by the Company hereunder to the Executive will be subject to withholding of such amounts relating to taxes as the Company may reasonably determine it should withhold pursuant to any applicable law or regulation.

assistant: Withholdings
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 Credit Party hereby appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under this Agreement as are delegated to the Administrative Agent by the terms hereof, together with such powers as are reasonably incidental thereto. The Administrative Agent shall not have any duties other than those expressly set forth in the Transaction Documents, and no implied obligations or liabilities shall be read into any Transaction Document, or otherwise exist, against the Administrative Agent. The Administrative Agent does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Borrower or any Affiliate thereof or any Credit Party except for any obligations expressly set forth herein. Notwithstanding any provision of this Agreement or any other Transaction Document, in no event shall the Administrative Agent ever be required to take any action which exposes the Administrative Agent to personal liability or which is contrary to any provision of any Transaction Document or Applicable Law.

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 legal provision and list the applicable contract clause categories. Provision: Siers shall receive an annual base salary of $290,000 payable in accordance with the Company’s normal payroll practice. The annual base salary amount shall be reviewed annually by the Company and can be adjusted upward or downward by the Company from time to time but shall not be reduced below $290,000 per annum.

assistant: Base Salary
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 (2) “there were pending criminal charges against [Respondent] for sexually exposing himself to minors and allegedly molesting a nine year old girl in Texas County near the time of the dissolution.” Without citing a single case in support of (1) or (2), Appellant simply proclaims that exclusion of this relevant evidence was reversible error. As to (1), the trial court sustained Respondent’s hearsay objection. “Hearsay is a statement of another, reported in court by a witness, who offers it to prove the truth of the matter asserted therein.” In Interest of A.M.K., 723 S.W.2d 50, 53 (Mo.App.1986). Without question, Appellant offered the rejected evidence for the truth of what the mothers told her. The evidence was not admissible. See C.R.K v. H.J.K., 672 S.W.2d 696 (Mo.App.1984) (<HOLDING>). As to (2), the trial court sustained Options: A. holding harmless the improper admission of a social workers hearsay testimony concerning a childs report of sexual abuse where the credibility of the childs testimony was supported by other witnesses B. holding that the opinion testimony of a guardian ad litem and the hearsay incorporated therein were erroneously admitted C. holding that the court erroneously admitted hearsay testimony from adults concerning a childs statements to them regarding her fathers sexual abuse D. holding that testimony of childs mother during temporarycustody probablecause bearing regarding defendant fathers shaking of child where defendant proceeded without counsel was admissible under hearsay exception for former testimony because the defendants motive to develop the testimony in the chancery case was very similar to his motive in the criminal case ie to avoid any implications of child abuse E. holding that the improper admission of hearsay testimony concerning a childs report of sexual abuse warranted reversal where the childs otherwise uncorroborated testimony was the sole basis for conviction and the hearsay augmented the childs testimony with additional detail in certain areas

assistant: The best answer is C. holding that the court erroneously admitted hearsay testimony from adults concerning a childs statements to them regarding her fathers sexual abuse
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the MPT Parties is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Delaware, and each has all requisite limited liability company power and authority to own, operate and lease its properties and to carry on its respective business as currently conducted. Each of the MPT Parties is duly licensed or qualified to do business as a foreign limited liability company under the laws of each jurisdiction in which the character of its properties or in which the transaction of its business makes such qualification necessary, except where the failure to be so licensed or qualified would not reasonably be expected to have a material adverse effect on the ability of the MPT Parties to consummate the Transactions (collectively, an “ MPT Material Adverse Effect ”). None of the MPT Parties is classified to be taxed as a corporation for U.S. federal, state or local income tax purposes.

assistant: Organizations
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 state constitution’s equal population requirement must be read in the context of the geographic boundaries of counties, the state-recognized political subdivisions. In other words, the Whole County Provision, as recognized by this Court, requires that each State House and Senate District be confined to a single county or minimum grouping of contiguous counties. Stephenson I, 355 N.C. at 383-84, 562 S.E.2d at 397. In effect, North Carolina’s Whole County Provision, of which equal population is a component, establishes a framework to address the neutral redistricting requirement that “political subdivisions” be respected. Shaw v. Reno, 509 U.S. 630, 646-47, 113 S. Ct. 2816, 2826-27, 125 L. Ed. 2d 511, 528-29 (1993) (Shaw I); Stephenson I, 355 N.C. at 364, 371, 562 S.E.2d at 385, 389 (<HOLDING>). Our state constitution’s Whole County Options: A. holding that may is still controlling in north carolina in light of united states v pataneus 159 l ed 2d 667 124 s ct 2620 2004 in which the us supreme court held that the fruit of the poisonous tree doctrine did not apply to physical evidence discovered as a result of statements made by the defendant when no miranda warning was given B. recognizing the importance of counties as political subdivisions of the state of north carolina and observing that the state constitutions limitations upon redistricting and apportionment uphold what the united states supreme court has termed traditional districting principles such as compactness contiguity and respect for political subdivisions citation omitted quoting shaw i 509 us at 647 113 s ct at 2827 125 l ed 2d at 528 C. holding that almendareztorres v united states 523 us 224 118 s ct 1219 140 l ed 2d 350 1998 expressly held that a prior conviction need not be proved to a jury and the united states supreme court has not held otherwise since D. recognizing utah counties as legal subdivisions E. holding that the court of appeals lacks the authority to overrule decisions of the supreme court of north carolina and has a responsibility to follow those decisions until otherwise ordered by the supreme court

assistant: The best answer is B. recognizing the importance of counties as political subdivisions of the state of north carolina and observing that the state constitutions limitations upon redistricting and apportionment uphold what the united states supreme court has termed traditional districting principles such as compactness contiguity and respect for political subdivisions citation omitted quoting shaw i 509 us at 647 113 s ct at 2827 125 l ed 2d at 528
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 validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of California without giving effect to any conflict of law principles. For purposes of litigating any dispute that arises directly or indirectly from the relationship of the parties pursuant to this Agreement that is not subject to arbitration pursuant to Section 10, the parties hereby submit to and consent to the jurisdiction of the State of California and agree that such litigation shall be conducted only in the courts of the County of San Diego, California, or the federal courts of the United States for the Southern District of California, and no other courts.

assistant: Venues
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 Court authorized a narrow search of the arrestee’s “person and the area from within which he might have obtained either a weapon or something that could have been used as evidence against him.” 395 U.S. at 768, 89 S.Ct. 2034. Such a search, justified by the State’s interests in the safety of the arresting officer and in preserving evidence, is strictly limited to the area “within [the arrestee’s] immediate control” — “the area into which an arrestee might reach in order to grab a weapon or evidentiary items.” Id. at 763, 89 S.Ct. 2034. See also Michigan v. Long, 463 U.S. 1032, 1049-50, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983); Terry v. Ohio, 392 U.S. 1, 27-28, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Later, in Buie, the Court refined its analysis in Chimel. It noted the “int d Cir.1995) (<HOLDING>). Lemus’s living room not only immediately Options: A. holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will B. holding on to objects in the room C. holding that buie permitted a search of an open storage unit when the suspect was arrested immediately outside D. holding that under buie the second room in a tworoom apartment immediately adjoined the first room in which the suspect was arrested E. holding that buie permitted the search of a bedroom fifteen feet down a hallway in which the suspect was arrested

assistant: The best answer is D. holding that under buie the second room in a tworoom apartment immediately adjoined the first room in which the suspect was arrested
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: use the spring-hinged door closers, and her future plans (as stated at the time the complaint was filed) are much more specific than the vague invocations that troubled the Supreme Court in Lujan: much of her extended family lives in the area and the Overland Park Courtyard Marriott is close to them. Furthermore, Scherr’s discussion of her cousin’s then-upcoming wedding is sufficient to support a plausible inference that Scherr would have liked to return to the hotel but for its continued use of the spring hinges. Given Scherr’s past travel history and her affirmative de sire to stay at the hotel but for the alleged violations, on these facts, Scherr has standing to sue the Overland Park Courtyard Marriott. See D’Lil v. Best W. Enci-na Lodge & Suites, 538 F.3d 1031, 1037 (9th Cir.2008) (<HOLDING>). Scherr’s standing to sue the Overland Park Options: A. holding that a plaintiff established standing when she demonstrated her intent to return to a city and to stay at the hotel she was suing if it were to be made accessible B. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired C. holding that the plaintiff made out a prima facie case of age discrimination based upon a showing that she was a member of the protected group she was qualified and capable of doing her job she was discharged and that her manager called her old woman thus evincing agebased animus sufficient to demonstrate discriminatory intent D. holding appellant produced no evidence that when she made her complaints to management she ever mentioned that she felt she was being treated unfairly due to her race or sex E. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination

assistant: The best answer is A. holding that a plaintiff established standing when she demonstrated her intent to return to a city and to stay at the hotel she was suing if it were to be made accessible
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: If any provision of this Agreement is held illegal, invalid, or unenforceable, such holding shall not affect any other provisions hereof. In the event any provision is held illegal, invalid, or unenforceable, such provision shall be limited so as to effect the intent of the Parties to the fullest extent permitted by applicable law. Any claim by Employee against the Company shall not constitute a defense to enforcement by the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall become effective, and this Amendment thereafter shall be binding on the parties hereto and their respective successors and assigns, as of the date first set forth above upon the execution and delivery of counterparts by the parties hereto.

assistant: Effectiveness
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: that whenever an insurer has a duty to defend and is controlling the defense, the insurer has a duty to inform the insured of the insured’s interest in obtaining an allocated award and the insured is “entitled to make the decision whether to seek an allocated [award].” Duke v. Hoch, 468 F.2d 973, 979 (5th Cir.1972) (concluding that an insurer’s reservation of its right to contest coverage was not sufficient to advise its insured of the insured’s interest in an allocated verdict, and therefore the insured was relieved of the burden to prove allocation of the verdict unless the insurer could prove the verdict represented, in whole or in part, noncovered claims); see also, e.g., Camden-Clark Mem’l Hosp. Ass’n v. St. Paul Fire & Marine Ins. Co., 224 W.Va. 228, 682 S.E.2d 566, 575-76 (2009) (<HOLDING>); Gay & Taylor, Inc. v. St Paul Fire & Marine Options: A. holding that the insureds ordinary burden to allocate a verdict between covered and noncovered claims does not shift to the insurer unless the insurer had an affirmative duty to defend the underlying claims B. holding that an insurer had a duty to defend the insured until it could establish that those claims were not supported by the facts C. holding that a claim against an insurer for vexatious refusal to pay cannot be maintained where the court finds that the insurer has no duty to defend under the policy 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 insurer had a continuing duty to defend

assistant: The best answer is A. holding that the insureds ordinary burden to allocate a verdict between covered and noncovered claims does not shift to the insurer unless the insurer had an affirmative duty to defend the underlying claims
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 Revolving Line terminates on the Revolving Line Maturity Date, when the principal amount of all Advances, the unpaid interest thereon, and all other Obligations relating to the Revolving Line shall be immediately due and payable. Payments of interest on outstanding Advances shall be made on a monthly basis, in arrears, pursuant to Section 2.3(d).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: violations correspond to FLSA causes of action consisting of the same claims. See Filing No. H7—Reply p. 1; Filing No. 186—Brief p. 21. Based on the express statement of congressional intent “not to displace state laws granting workers higher minimum wages or a shorter maximum workweek, it is clear that the FLSA would preempt only state laws that mandated lower minimum wages or longer maximum workweeks.” DeKeyser, 589 F.Supp.2d at 1081. Since, as the parties agree, the Nebraska wage and hour laws are not less generous than those of the FLSA, “it seems clear that the FLSA does not displace the state law. Rather, it would seem that state law may offer an alternative legal basis for equal or more generous relief for the same alleged wrongs.” Id.; see Bouaphakeo, 564 F.Supp.2d at 884 (<HOLDING>). In any event, the case at bar is nearly Options: A. holding in non 17200 case that the exclusive remedy for violations of the state and federal wage and hour laws is flsa B. holding that 42 usc 1983 does not provide a remedy for flsa violations C. holding under flsa D. holding the flsa does not provide the exclusive remedy for violations of its mandates E. holding that 1983 does not provide a remedy if there is no violation of federal law

assistant: The best answer is D. holding the flsa does not provide the exclusive remedy for violations of its mandates
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: court’s denial of his suppression motion. For the reasons that follow, we will affirm. Since we write primarily for the parties, we need not set forth the factual history of this case in detail. Williams filed a motion to suppress all evidence seized during the multiple searches of the house that resulted in him entering a conditional guilty plea to violating 18 U.S.C. §§ 922(g)(1) and 924(e). The plea was entered after the district court partially denied his motion to suppress physical evidence. Williams argues that: (1) the district court erred in finding that the first search warrant was supported by probable cause; and (2) the Leon “good faith” exception to the exclusionary rule does not apply. See United States v. Leon, 468 U.S. 897, 925, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) (<HOLDING>). However, since the application of Leon is Options: A. recognizing good faith exception to fourth amendment exclusionary rule B. holding that suppression is not an appropriate remedy for officers failure to serve a warrant to the defendant before during or immediately after the search C. holding that courts can reject suppression motions posing no important fourth amendment questions by turning immediately to a consideration of the officers good faith D. holding that the fourth amendment remedy sought is suppression E. holding that the fourth amendment exclusionary rule should not bar the use of evidence obtained by police officers acting in good faith and with reasonable reliance on a facially valid search warrant

assistant: The best answer is C. holding that courts can reject suppression motions posing no important fourth amendment questions by turning immediately to a consideration of the officers good faith
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: regarding issue one and will remand to Commerce on this issue. The Final Results are otherwise affirmed in all respects. Commerce shall have until October 15, 2012 to complete and file its remand redetermination. Plaintiff shall have until October 29, 2012 to file comments. Defendant shall have until November 9, 2012 to file any reply. It is SO ORDERED. 1 . Certain Polyester Staple Fiber From Taiwan, 76 Fed. Reg. 57,955 (Dep' rmal value contribute to the calculation of the dumping margin. In contrast, when using offsetting, "sales made at less than fair value are offset by those made above fair value. This means that some of the dumping margins used to calculate a weighted-average dumping margin will be negative.” U.S. Steel Corp. v. United States, 621 F.3d 1351 at 1355 (Fed.Cir.2010) (<HOLDING>). 4 . Further citations to the Tariff Act of Options: A. holding that 19 usc 167735a is ambiguous and that offsetting is also a reasonable interpretation B. holding that agency interpretation which is reasonable is entitled to deference C. holding that 19 usc 167735 is ambiguous and that zeroing is a reasonable interpretation D. holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation E. holding that when relevant contract language is ambiguous interpretation is turned over to the factfinder

assistant: The best answer is A. holding that 19 usc 167735a is ambiguous and that offsetting is also a reasonable interpretation
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: Contrary to appellant’s argument, the officer Options: A. holding that a conclusion that reasonable suspicion supported the stop of a vehicle was subsumed within the trial courts ruling that the officer had probable cause for the stop B. holding this framework applies whether the traffic stop is based on probable cause or reasonable suspicion C. holding that the subjective intent of the officer is no longer determinative wjhen applying the objective test generally the only determination to be made is whether probable cause existed for the stop in question and that per whren a violation of traffic law provided sufficient probable cause to make the subsequent search and seizure reasonable D. holding that florida courts are required to follow whrens objective test and determine only whether probable cause existed for the traffic stop in question E. holding that a traffic stop is reasonable under the fourth amendment when police have probable cause to believe a traffic infraction has occurred

assistant: The best answer is D. holding that florida courts are required to follow whrens objective test and determine only whether probable cause existed for the traffic stop in question
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 Parties represent, warrant, and agree that it has authority to enter into this Settlement Agreement, and has the authority to agree to be bound by the terms of this Settlement Agreement, without the consent or approval of any other person or entity.

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 legal provision and list the applicable contract clause categories. Provision: Sellers shall have received any and all approvals, consents, and other authorizations required by the Condominium Documents, the Management Agreements and, if the Head Lease Acceptance Notice has been delivered, the Head Leases, including without limitation (if the Head Lease Acceptance Notice has been delivered), the Head Lease Assignments as a result of the transactions set forth in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties (as of the date such representations and warranties were made) made herein or in any certificate or other instrument delivered by it or on its behalf under this Agreement shall be considered to have been relied upon by the parties hereto and shall survive the issuance of the Series C Warrant Shares. This Agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of each of the parties; provided however that no party may assign this Agreement or the obligations and rights of such party hereunder without the prior written consent of the other parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of this Consent have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person’s Organization Documents, (b) conflict with or result in any breach or contravention of, or the creation of any Lien under, or require any payment to be made under (i) any material Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries or (ii) any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject or (c) violate any Law.

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 legal provision and list the applicable contract clause categories. Provision: The Company hereby employs Employee in the capacity of the Chief Medical Officer (“CMO”) and Chair of the Clinical Advisory Board of the Company, reporting directly to the President and Chief Executive Officer of the Company (the "CEO"). Employee accepts such employment and agrees to perform such roles and provide such management and other services for the Company as are customary to such office and such additional responsibilities, consistent with the position as the Company's Chief Medical Officer and Chair of the Clinical Advisory Board, as may be assigned from time to time by the CEO. Medical directors, both employees and consultants, will report to Employee and Employee will share the responsibility of managing the activity, workflow and quality of the clinical laboratory directors and their teams, and will be responsible for designing and implementing a plan for strategic unified clinical laboratory oversight and portfolio development.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the juvenile’s potential for rehabilitation; and (14) any other relevant factor related to the juvenile’s youth. See generally Commonwealth v. Knox. We recognize that some of the factors may not apply to a particular juvenile’s case and that some of the factors may overlap. Nevertheless, we believe that providing the trial court with guidance on individualized sentencing for juveniles charged with capital murder comports with the guidelines of Miller. Conclusion The juveniles have failed to show that the holding in Miller requires this Court to dismiss the capital-murder indictments against them. Accordingly, their petitions for a writ of mandamus are denied. 1120140 — PETITION DENIED. 1120202 — PETITION DENIED. STUART, PARKER, MAIN, WISE, and BRYAN, J 012]-P.3d - (Col.Ct.App.2012) (<HOLDING>); In re Morgan, 713 F.3d 1365 (11th Cir.2013) Options: A. holding that because minor defendant was mandatorily sentenced to life imprisonment without parole and because his case was still pending on direct appeal when miller was released the minor defendant was entitled to a new sentencing hearing B. holding that minor defendant was not entitled to a writ of prohibition directing the trial court to dismiss his capitalmurder indictments where he argued that only statutorily authorized sentences of death and life imprisonment without parole had been declared unconstitutional but the florida courts had established a valid sentencing option under miller C. holding that prejudice was obvious where counsels failure to seek acquittal on greater offenses caused defendant to be sentenced to mandatory life imprisonment without possibility of parole D. holding that defendants affirmative acts of driving minor to robbery helping minor enter the building and serving as a lookout for the minor warranted sentencing enhancement E. holding that a defendant impermissibly sentenced to life imprisonment without the possibility of parole in violation of miller should be awarded a new sentencing hearing to be conducted in accordance with the provisions of nc gen stat 15a134019b

assistant: The best answer is A. holding that because minor defendant was mandatorily sentenced to life imprisonment without parole and because his case was still pending on direct appeal when miller was released the minor defendant was entitled to a new sentencing hearing
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 Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights as necessary or required for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe (and will not infringe) upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. The Company has no knowledge of any facts that would preclude it from having valid license rights or clear title to the Intellectual Property Rights. The Company has no knowledge that it lacks or will be unable to obtain any rights or licenses to use all Intellectual Property Rights that are necessary to conduct its business.

assistant: Intellectual Property
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrowers nor any other Loan Parties may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of Section 11.06(b) , (ii) by way of participation in accordance with the provisions of Section 11.06(d) , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 11.06(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, each L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: be preceded by Miranda warnings. Id. at 1278-80. In that case, “the questioning from Investigator DeWitt was reasonably likely to elicit an incriminating response from [the defendant],” because “the ‘background questions’ asked related directly to an element of a crime that DeWitt had reason to suspect.” Id. at 1280. Hence, Miranda warnings were required. Id. In United States v. Parra, 2 F.3d 1058 (10th Cir. 1993), the Tenth Circuit held that Miranda warnings were required pri- or to questioning by an INS agent where the suspect was in custody, the questioning went to the suspect’s true identity, and the questioning was “reasonably likely to elicit incriminating information relevant to establishing an essential element necessary for , 2009 WL 2426015, at *2 (N.D.N.Y. Aug. 6, 2009) (<HOLDING>); Bonilla-Siciliano, 2008 WL 1820828, at *5-6 Options: A. holding that the initial questioning was merely investigatory and miranda warnings were not necessary until after police found incriminating evidence B. holding that because miranda warnings make defendant aware of right to counsel and of consequences of waiving sixth amendment rights defendants waiver of right to counsel after receiving such warnings is valid C. holding that the warnings in their totality satisfied miranda D. holding that background and pedigree questioning of suspected alien was unconstitutional in the absence of miranda warnings E. holding that miranda warnings do not have to be given in the exact form stated in the miranda opinion as long as an effective equivalent is given

assistant: The best answer is D. holding that background and pedigree questioning of suspected alien was unconstitutional in the absence of miranda warnings
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: clause. We conclude that reckless battery is a violent crime under the force clause, an issue not addressed by the Holloway opinion. See United States v. Booker, 644 F.3d 12, 20 & n.10 (1st Cir. 2011), cert. denied, 132 S. Ct. 1538 (2012). We further note that the Holloway court’s conclusion with respect to reckless battery accorded with then-binding instruction from the United States Supreme Court that the residual clause is limited to an offense that “typically involve[s] purposeful, ‘violent,’ and ‘aggressive’ conduct.” United States v. Holloway, supra at 260, quoting Begay v. United States, 553 U.S. 137, 144-145 (2008). Last year, however, the Supreme Court retreated from this characterization of the residual clause. Sykes v. United States, 131 S. Ct. 2267, 2270, 2277 (2011) (<HOLDING>). The Court iterated that “[t]he phrase Options: A. holding that under indiana law fleeing an officer in a vehicle constitutes a violent felony under begay because the flight must be done knowingly or intentionally B. holding massachusetts conviction for larceny from the person constitutes violent felony under the residual clause of the acca C. holding that burglary is violent felony D. holding that vehicular flight from police officer after order to stop is violent felony under residual clause E. holding that ohios thirddegree burglary statute constituted a violent felony under the residual clause of the armed career criminal act

assistant: The best answer is D. holding that vehicular flight from police officer after order to stop is violent felony under residual clause
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: firearms and unsworn falsification to authorities. 3 . Sanders claims that he never received the June letter, and that he instead found out about the problems with his background check in a conversation with a Human Resources official early in July. 4 . Sanders received a probationary sentence on the marijuana and firearms charges, and the rape and reckless endangerment charges were dismissed. 5 . Any claim relating to the September job openings is not properly before us, as Sanders failed to exhaust his administrative remedies with regard to that hiring decision. This does not mean, however, that the VA's failure to hire him for these positions cannot be relevant to Sanders’ other claims. Cf. National R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113, 122 S.Ct. 2061, 153 L.Ed.2d 106 (<HOLDING>). 6 . Specifically, Sanders submitted Options: A. holding that title vii statute of limitations does not bar an employee from using prior acts as background evidence in support of a timely claim B. holding that the doctrine of qualified immunity does not protect a government official who is sued in an official capacity under title vii because title vii does not impose personal liability C. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii D. recognizing title vii does not provide the exclusive remedy for all employment discrimination claims even if the title vii and section 1983 claim factually overlap E. holding that plaintiffs failure to exhaust available grievance procedures does not bar her title vii claims

assistant: The best answer is A. holding that title vii statute of limitations does not bar an employee from using prior acts as background evidence in support of a timely claim