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: discuss, U S West’s own policies offer various kinds of disability leave, both paid and unpaid. “Under the ADA, prohibited discrimination includes failure to make ‘reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability.’” Lowe v. Angelo’s Italian Foods, Inc., 87 F.3d 1170, 1174 (10th Cir.1996) (quoting 42 U.S.C. § 12112(b)(5)(A)). An allowance of time for medical care or treatment may constitute a reasonable accommodation. Hudson v. MCI Telecommunications Corp., 87 F.3d 1167, 1169 (10th Cir.1996). However, an indefinite unpaid leave is not a reasonable accommodation where the plaintiff fails to present evidence of the expected duration of her impairment. Id.; see also Myers v. Hose, 50 F.3d 278, 283 (4th Cir.1995) (<HOLDING>). The Hudson court noted that “[e]xamples of Options: A. holding that a person must request a reasonable accommodation before he has been terminated he cannot wait until he is terminated and then months later request reinstatement and demand a reasonable accommodation B. holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada C. holding that reasonable accommodation does not require the employer to wait indefinitely for the plaintiffs medical conditions to be corrected D. holding that the employer must offer a medical leave of absence in order to satisfy the requirement of providing a reasonable accommodation E. holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation

assistant: The best answer is C. holding that reasonable accommodation does not require the employer to wait indefinitely for the plaintiffs medical conditions to be corrected
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, executors and administrators. If any provision of this Agreement shall conflict with or be contrary to any provision in any other agreement between Executive and Company, the terms and conditions of this Agreement shall control. Any paragraph, sentence, phrase or other provision of this Agreement which is or becomes in conflict with any applicable statute, rule or other law shall be deemed, if possible, to be modified or altered to conform thereto or, if not possible, to be omitted herefrom. If any provision of this Agreement shall be or become illegal or unenforceable in whole or in part for any reason whatsoever, the remaining provisions shall nevertheless be deemed valid, binding and subsisting.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: forth in § 925(c). The sole, dispositive question, then, is whether the ATF “denied” McHugh’s petition. The district court held that “the Secretary’s refusal to entertain any applications for a permit during the past six years because Congress has precluded its use of funds to investigate or act upon such applications is unquestionably a de facto denial.” McHugh, 49 F.Supp.2d at 111. The district court is not alone in holding this view. See Bean v. United States, 89 F.Supp.2d 828, 837 (E.D.Tex.2000) (“[T]his Court holds that inaction by the ATF constitutes a defacto denial of an application such that a United States district court may consider a petition for judicial review of the denial.”); cf. Rice v. United States, Dep’t of Alcohol, Tobacco & Firearms, 68 F.3d 702, 709 (3d Cir.1995) (<HOLDING>); Environmental Defense Fund, Inc. v. Hardin, Options: A. holding that defendant seeking credit for time served must exhaust administrative remedies within the department of corrections prior to seeking judicial relief B. holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court C. holding that section 925c authorizes judicial review of only the denial of an application for relief D. holding that persons seeking restoration of federal firearms privileges need not exhaust administrative remedies to invoke the judicial review provision of section 925c E. holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim

assistant: The best answer is D. holding that persons seeking restoration of federal firearms privileges need not exhaust administrative remedies to invoke the judicial review provision of section 925c
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: Whenever possible, each provision of this Floorplan Joinder Agreement shall be interpreted in a manner as to be effective and valid under applicable law, but if any provision of this Floorplan Joinder Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Floorplan Joinder Agreement. This Floorplan Joinder Agreement is to be read, construed and applied together with the Floorplan Credit Agreement and the other Loan Documents, which, taken together, set forth the complete understanding and agreement of the Administrative Agent, the Revolving Administrative Agent (in its capacity as collateral agent for the Floorplan Secured Parties) and the Lenders and the Joining Subsidiary with respect to the matters referred to herein and therein.

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: During the Term, the Executive shall be eligible to participate in employee benefit plans, programs and arrangements of the Employer in accordance with their terms, as in effect from time to time, and as are generally provided by the Employer to its senior executive officers.

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 case excerpt and choose the best holding from the options. Case excerpt: between the point in time when the landlord became aware of the dog and its viciousness and the attack. See, e.g., Fernandez v. Marks, 3 Haw.App. 127, 642 P.2d 542, 544 (1982)(noting that 28-day notice requirement would have prevented landlord from evicting the dogs’ owner prior to the dog-biting incidents in question); Feister v. Bosack, 198 Mich.App. 19, 497 N.W.2d 522, 525-26 (1993)(noting that, even if the ability to evict was equivalent to control, there was insufficient time for the landlord to have evicted because the event giving rise to notice occurred a "scant two days” before the plaintiff was injured and thus the landlord would have been unable to evict under Michigan law which requires a minimum of 30 days notice); Roy v. Neibauer, 191 Mont. 224, 623 P.2d 555, 556 (1981) (<HOLDING>); Meyers v. Haskins, 140 A.D.2d 923, 528 Options: A. holding that prejudgment interest should accrue 30 days after fee petition was filed B. holding that landlord was not liable where dog injured child nine days after landlordtenant relationship was established and where the lease called for 30 days notice before it could be terminated C. holding that tenant had received more than 30 days to correct violations of the lease when the notice was served on february 27 and the complaint was filed on april 4 D. holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons E. holding that 120 days notice was satisfied by 30 days work plus 90 days pay

assistant: The best answer is B. holding that landlord was not liable where dog injured child nine days after landlordtenant relationship was established and where the lease called for 30 days notice before it could be terminated
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 364 U.S. 280 80 S.Ct. 1611 4 L.Ed.2d 1719 LUCKENBACH STEAMSHIP COMPANY, Inc.v.UNITED STATES. No. 848. Supreme Court of the United States June 27, 1960 Messrs. Mark P. Schlefer, John Cunningham and Israel Convisser, for appellant. Solicitor General Rankin, Acting Assistant Attorney General Bicks, Messrs. Charles H. Weston, Robert W. Ginnane and H. Neil Garson, for the United States and Interstate Commerce Commission. Messrs. Jeremiah C. Waterman, Edward M. Reidy and Raymond A. Negus, for appellees. PER CURIAM. 1 The judgment of the United States District Court for the District of Delaware, so far as it relates to the suspension of rates phase of the dispute, is vacated and the case is remanded to the District Court with instructions to dismiss the cause as moot. United States v. Amarillo-Borger Express, 352 U.S. 1028, 77 S.Ct. 594, 1 L.Ed.2d 598; Atchison, T. & S. F. R. Co. v. Dixie Carriers, 355 U.S. 179, 78 S.Ct. 258, 2 L.Ed.2d 186. With respect to the antitrust phase of the dispute, the judgment of the District Court is affirmed. 2 Mr. Justice BLACK and Mr. Justice DOUGLAS dissent on the holding of Georgia v. Pennsylvania R. Co., 324 U.S. 439, 65 S.Ct. 716, 89 L.Ed. 1051.

assistant: 8
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: process, “a federal court is not limited to the consideration of evidence that would be admissible under the Federal Rules of Evidence; any relevant material or source may be consulted.” Ashenden, 233 F.3d at 477. The Court is more than satisfied that the learned opinions of the judges of the United States Courts of Appeal are an adequate source upon which to conclude that the English system is compatible with the requirements of due process of law. See, e.g., Society of Lloyd’s v. Turner, 303 F.3d 325, 331 (5th Cir.2002) ("the courts of England are fair and neutral forums”); Ashenden, 233 F.3d at 477. 6 . This principle continues to adhere to the Uniform Foreign Money Judgment Recognition Act in other states. See, e.g., Society of Lloyd’s v. Turner, 303 F.3d 325, 332-33 (5th Cir.2002) (<HOLDING>). 7 . The weakness in this argument is further Options: A. holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum B. holding that a party relying on foreign law must plead and prove it and partys failure to do so entitles court to assume that foreign law is the same as forum law C. recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties D. holding that in cases of a false conflict of law a court may apply the law of the forum state E. holding that courts apply the procedural law of the forum and the substantive law of the jurisdiction originating the claim

assistant: The best answer is A. holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum
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: onavo shall be excused from the performance of its obligations under this agreement insofar as the performance is prevented or interfered with due to detrimental acts or conditions of third parties , such as service or communications providers .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Effective as of August 12, 201 3 (the " Effective Date "), the Company hereby agrees to employ the Executive as an employee and an executive officer of the Company, and the Executive hereby agrees to remain in the employ of the Company as an employee and an executive officer, for the Employment Term (as defined in Section 3) on the terms and conditions set forth in this Agreement. The Executive shall serve as President and Chief Executive Officer of the Company, and shall also serve as President and Chief Executive Officer for each of the other GENBAND Parties. The Executive shall have such authority and responsibilities as are consistent with the offices from time to time held by him; provided, however, that in no event shall the Executive's authority and responsibilities include providing any Investment Services with respect to the assets held (directly or indirectly) by Cayman Holdings. During the term of this Agreement, the Executive shall serve each GENBAND Party faithfully and to the best of his ability, and devote his full time, attention and efforts to the business and affairs of the collective GENBAND Parties during normal business hours (and outside normal business hours as reasonably required).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and any of the Loan Documents may be executed in counterparts. Each executed counterpart of this Agreement or any Loan Document will constitute an original document, and all executed counterparts, together, will constitute the same agreement. Any counterpart evidencing signature by one party that is delivered by facsimile by such party to the other party hereto shall be binding on the sending party when such facsimile is sent, and such sending party shall within ten (10) days thereafter deliver to the other parties a hard copy of such executed counterpart containing the original signature of such party or its authorized representative.

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: If any provision of this Agreement or the application thereof to any person or circumstance is held to be unreasonable, invalid or unenforceable to any extent by any court, tribunal, governmental agency or other governmental body, then the parties agree, and hereby submit, to the reduction and limitation of such provision to such area or period of time as shall be deemed reasonable by such court, tribunal, governmental agency or other governmental body, and the remainder of this Agreement shall remain in full force and effect and shall be reformed to render the Agreement valid and enforceable while reflecting to the greatest extent permissible the intent of the parties hereto.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this means we may add new product features or enhancements from time to time as well as remove some features , and if these actions do not materially affect your rights or obligations , we may not provide you with notice before taking them.we may even suspend the services entirely , in which event we will notify you in advance unless extenuating circumstances , such as safety or security concerns , prevent us from doing so .

assistant: Content removal, Unilateral change, Unilateral termination
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 “even a contingent, reversionary interest is included in a debtor’s estate under § 541”). Turning to whether turnover is appropriate under these circumstances, we first consider the statutory language which requires that the turnover target, here debtors, be “in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under [11 U.S.C. § ] 363.” 11 U.S.C. § 542(a). We agree with the BAP that, after filing their Chapter 7 petition and at least through the culmination of the turnover proceeding, debtors were never in “possession, custody, or control” of their contingent reversionary interest in the prepayment of their 2007 taxes. See Maggio v. Zeitz (In re Luma Camera Serv., Inc.), 333 U.S. 56, 64, 68 S.Ct. 401, 92 L.Ed. 476 (1948) (<HOLDING>). This fact alone dooms the trustee’s efforts. Options: A. holding that the primary condition of turnover relief is possession of existing chattels or their proceeds capable of being surrendered by the person ordered to do so B. holding that a condition subsequent presupposes an existing obligation that is to be defeated or forfeited if the condition is not fulfilled C. holding that a plea of title was not interposed where the person in possession answered that the party suing for possession was not the established owner of the premises D. 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 E. holding that the defendants possession of the firearm was not so fleeting as to warrant an instruction on temporary innocent possession

assistant: The best answer is A. holding that the primary condition of turnover relief is possession of existing chattels or their proceeds capable of being surrendered by the person ordered 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: in the United States based on the information provided by the RSCAC to duplicate the RSCAC’s experiments. See Solvay, 622 F.3d at 1371-72. In Holmwood v. Sugavanam, 948 F.2d 1236, 1238-39 (Fed.Cir.1991), an inventor who conceived and reduced to practice a fungicide abroad was found to have successfully reduced the invention to practice in the United States for purposes of § 102(g) when his assignee sent the fungicide from Germany to a United States affiliate to verify the positive test results. The Federal Circuit held that the fungicide was reduced to practice in the United States as a result of the tests performed here, which showed that the fungicide worked for its intended purpose. Id.; see also Therasense, Inc. v. Becton, Dickinson & Co., 560 F.Supp.2d 835, 865 (N.D.Cal.2008) (<HOLDING>). The court concludes that the RSCAC’s Options: A. holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them B. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states C. holding that an initial reduction to practice outside the united states is not fatal to abbotts attempt to meet its burden of production where the invention was later successfully performed in the united states D. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process E. holding that the commandant of the united states disciplinary barracks and the united states are identical parties

assistant: The best answer is C. holding that an initial reduction to practice outside the united states is not fatal to abbotts attempt to meet its burden of production where the invention was later successfully performed in the united states
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: also , while we may help facilitate the resolution of disputes through various programs , ebay has no control over and does not guarantee the existence , quality , safety or legality of items advertised ; the truth or accuracy of users ' content or listings ; the ability of sellers to sell items ; the ability of buyers to pay for items ; or that a buyer or seller will actually complete a transaction or return an item .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: I agree that the shares of Common Stock are being acquired in accordance with and subject to the terms, provisions and conditions of the Notice, the Stock Option Agreement and the Swedish Sub-Plan, to all of which I hereby expressly assent. This Option Agreement shall inure to the benefit of and be binding upon my heirs, executors, administrators, successors and assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the witnesses, their testimony, and the best interest of the children. Alphin v. Alphin, 364 Ark. 332, 336, 219 S.W.3d 160, 162 (2005). For her first point on appeal, Westin argues that the circuit court’s finding of a material change in circumstances was cleaiiy erroneous because the court erred by allowing | ¡¡evidence of facts not pleaded in Hays’s petition; more specifically, Wes-tin argues that the introduction at trial of facts that had not been raised by the petition was in violation of the Due Process Clause. Westin further argues that the petition’s properly pleaded facts do not give rise to a material change in circumstances. Westin’s due-process argument was not raised below, and thus, it is not preserved for appeal. See Mason v. State, 2014 Ark. App. 285, 435 S.W.3d 510 (<HOLDING>). The record reflects that Westin objected only Options: A. holding that appellate court will not consider an argument on appeal that is different from the specific argument presented to the trial court even if it relates to the same general issue B. holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency C. holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below D. holding that because the appellant did not present to the administrative agency the argument it raised before this court the issue was not preserved and holding that even if preserved the argument failed E. holding that an argument not made to the circuit court cannot be raised on appeal

assistant: The best answer is C. holding that even when the issue is constitutional in nature an argument is not preserved on appeal unless the appellant raised and made the argument at trial and obtained a ruling on it nor will a particular theory be addressed on appeal if it was not presented below
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 Executive may revoke this Release for a period of seven (7) days following the day Executive signs this Release. Any revocation within this period must be submitted, in writing, to the Company at the address listed below. The revocation must be delivered to Human Resources Department, Atlantic Stewardship Bank, 630 Godwin Avenue, Midland Park, NJ 07432, and delivered by hand or e-mail. This Release shall not become effective or enforceable until the revocation period has expired. If the last day of the revocation period is a Saturday, Sunday, or legal holiday in New Jersey, then the revocation period shall not expire until the next following day which is not a Saturday, Sunday, or legal holiday.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall be construed under and enforced in accordance with the laws of the State of Washington, without regard to the conflicts of law provisions thereof. Any disputes arising under this Agreement shall be brought in a court of competent jurisdiction within King County, Washington. Executive acknowledges that she may be subject to a permanent injunction and/or temporary restraining order for any violations of this Agreement, including any violations of the Confidential Information, Inventions, Nonsolicitation and Noncompetition Agreement with the Company (attached as Exhibit A).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the statute. This is not a tenable reading of the statute, and is indeed contrary to precedent. The Supreme Court cases interpreting the safe harbor make clear that the safe harbor is not limited to acts which only produce information for the FDA but protects all acts, even interim research steps and acts that might produce other useful data, "as long as there is a reasonable basis for believing that the [act] will produce the types of information that are relevant to [a submission to the FDA].” Merck, 545 U.S. at 208, 125 S.Ct. 2372. We have interpreted this language of the safe harbor to allow alleged infringers to use “data from tests for more than FDA approval,” such as for fund raising and other business purposes. Abtox, Inc. v. Exitron Corp., 122 F.3d 1019, 1030 (Fed.Cir.1997) (<HOLDING>). RADER, Chief Judge, dissenting. By Options: A. holding that intent is a separate element and evidence relating to intent is irrelevant to determining whether an object is a criminal instrument B. holding that in the context of a bloekburger double jeopardy analysis proof of the specific intent to kill is not required in a malicious wounding case because code 18251 which requires proof that the accused had the intent to maim disfigure disable or mu uses the disjunctive or in its description of the required intent for that offense C. holding that application of the rape shield law to a case in which the underlying events occurred prior to the enactment of the rape shield law was not a violation of the constitutional prohibition against ex post facto laws D. holding that the race of the prosecutor is irrelevant E. holding that the alleged infringers intent or alternate uses of test data are irrelevant to its qualification to invoke the section 271e1 shield

assistant: The best answer is E. holding that the alleged infringers intent or alternate uses of test data are irrelevant to its qualification to invoke the section 271e1 shield
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: Notwithstanding anything herein to the contrary and except as provided under the Pre-2005 Plan, if prior to January 1, 2020, a Participant incurs a “Disability” as defined in the Protective Life Corporation Deferred Compensation Plan for Officers, effective as of August 1, 2016 (the “2016 Plan”), the terms of the 2016 Plan shall control and shall be supplemented by the Company’s stand-alone Claims Procedures for Top Hat ERISA Arrangements, effective as of April 1, 2018.

assistant: Disability
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: access and use of the service does not grant or provide you with the right or license to reproduce or otherwise use the duolingo name or any duolingo or third-party trademarks , service marks , graphics or logos .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Used Auto Parts, the Supreme Court of Virginia held that an employee, who had chosen a suit at law for recovery under the statute, but had been unsuccessful in that suit, was not barred from seeking compensation through a traditional workers’ compensation claim under the statute. Id. at 102-03, 181 S.E.2d at 613-14. Similarly, the Supreme Court of Virginia decided in Delp v. Berry that an employee who has been unsuccessful in collecting an award through a workers’ compensation claim is not barred from resorting to a civil action to recover damages from the employer. 213 Va. 786, 789, 195 S.E.2d 877, 879 (1973). However, if the employee obtains a full recovery under one of the two avenues of relief afforded in Code § 65.2-805, they are not entitled to pursue the other avenue. See id. (<HOLDING>). In its analysis, the Virginia Used Auto Parts Options: A. holding that an injured employee is only entitled to one full recovery but where an employee does not receive the full satisfaction of payment for their injury they may pursue the other avenue B. holding that the full payment rule literally requires full not partial payment and rejecting the argument that a partpayment remedy is necessary when a taxpayer is too poor to pay the full amount of the tax C. holding that when an employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death to employees and an employee is injured or killed by that misconduct the employee may pursue a civil action against his employer and also pursue benefits under the workers compensation act D. holding that any constitutionally protected property interest an employee has as a result of his employment contract is satisfied by payment of the full compensation due under the contract E. holding that it is wellsettled that although a plaintiff is entitled to full recovery for its damages it is not entitled to a double recovery for the same loss or injury

assistant: The best answer is A. holding that an injured employee is only entitled to one full recovery but where an employee does not receive the full satisfaction of payment for their injury they may pursue the other avenue
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: 2.330(g). The denial of a motion to disqualify by a successor judge will only be reversed if the record clearly refutes the successor judge’s decision to deny the motion. Kokal v. State, 901 So.2d 766, 774 (Fla. 2005). Irrespective of the timeliness of Pasha’s motion under rule 2.330(e), the record does not. clearly refute the trial court’s decision—as a successor judge—to deny Pasha’s motion for. disqualification under Kokal. First, although the trial court initially began a hearing without Pasha in attendance on September 21, 2012, the record from the hearing reflects that the trial court, the State, and standby counsel simply engaged in .administrative discussions until the trial court called Pasha into the courtroom. See, e.g., Florida Bar v. Carlon, 820 So.2d 891, 896 (Fla. 2002) (<HOLDING>). At no point during Pasha’s absence from the Options: A. holding that communications to the police are conditionally privileged B. holding that easements using terms telephone telegraph and communications could properly be utilized for both internal communications and for thirdparty voice and data communications C. recognizing that a partys lack of response to a motion or argument therein is grounds for the district court to assume opposition to the motion is waived and grant the motion D. holding that judges ex parte communications with juries can be harmless under state law as well E. recognizing that ex parte communications regarding strictly administrative matters are not sufficient to grant a motion to disqualify a judge

assistant: The best answer is E. recognizing that ex parte communications regarding strictly administrative matters are not sufficient to grant a motion to disqualify a judge
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 rights and remedies granted Lender under this Agreement are supplemental to, and not in limitation of, the rights and remedies of Lender under applicable law, and all such rights and remedies are not exclusive of one another, but rather are cumulative and may be pursued simultaneously. This Agreement is not intended to modify or amend any of the obligations of Borrower or the rights or remedies of Lender under any of the other Loan Documents.

assistant: Remedies
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: Unless the RSUs are forfeited before the Vesting Date, the RSUs will be converted into an equal number of Shares and will be delivered as soon as practicable thereafter, but not later than December 31 following the second anniversary of the Grant Date and, if you are subject to U.S. federal income tax on such Shares, not later than March 15 of the year following the year in which the Vesting Date occurs. Notwithstanding anything in these Terms and Conditions or the Plan to the contrary, the Company may, in its sole discretion, settle the RSUs in the form of a cash payment to the extent settlement in Shares is prohibited under local law, rules and regulations, or would require the Company, the Employer and/or you to secure any legal or regulatory approvals, complete any legal or regulatory filings, or is administratively burdensome. In addition, the Company may require you to sell any Shares acquired under the Plan at such times as may be required to comply with any local legal or regulatory requirements (in which case, you hereby expressly authorize the Company to issue sales instructions on your behalf).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No provision of this Agreement may be modified or waived except in writing signed by Executive and a duly authorized representative of the Company. The writing shall specifically reference this Agreement and the provision that the Company and Executive intend to waive or modify. Notwithstanding the foregoing, if it is determined by a court of competent jurisdiction that any restrictive covenant set forth in this Agreement is excessive in duration or scope or is unreasonable or unenforceable, it is the intention of the parties that such restriction may be modified by the court to render it enforceable to the maximum extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: must bring su reign to determine its own membership, the Court holds that it lacks subject matter jurisdiction to determine whether any plaintiffs were wrongfully denied enrollment in the Tribe. Plaintiffs must pursue these claims in Tribal Court. The other side of sovereign immunity for Indian people is that if they receive no redress in Tribal Court, then there is no further appeal and there is no remedy in federal court. Whether or not there would be any potential remedy in some instances in state court is not before this Court. Finally, plaintiffs claim that tribal officials have violated the Tribal Gaming Revenue Allocation Ordinance. If this claim is confined to whether the Ordinance has been followed, plaintiffs’ remedy is in Tribal Court. See Runs After, 766 F.2d at 353 (<HOLDING>). If plaintiffs’ claim that tribal officials’ Options: A. holding that disputes involving questions of interpretation of a tribal constitution and tribal law is not within the jurisdiction of the district court B. holding that resolution of tribal law disputes are not within federal court jurisdiction C. holding that acoma tribal law was the law of the place because the tribal court could have jurisdiction over the plaintiffs claim D. holding that federal courts do not have jurisdiction to interpret a tribal constitution or tribal laws E. holding that federal court lacks jurisdiction to decide tribal membership disputes

assistant: The best answer is B. holding that resolution of tribal law disputes are not within federal court jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: presence of the vast majority of original, relevant documents in Europe, the district court did not err when it found this factor slightly favors dismissal. Similarly, the district court did not err when determining the public interest factors tipped toward dismissal. The district court correctly observed that “any local interest in this case ... is slight and does not exceed or even come close to the interest other [European] forums ... have in the adjudication of this controversy.” The burden on local courts and juries unconnected to the case and the costs of resolving a dispute unrelated to the forum also favor dismissal. Finally, the district court concluded its lack of familiarity with foreign law counseled in favor of dismissal. See Piper, 454 U.S. at 260 & n. 29, 102 S.Ct. 252 (<HOLDING>). The district court found that the balance of Options: A. holding that 109g2 does not apply when there was no unresolved motion pending at the time when the debtor sought dismissal B. holding that a party relying on foreign law must plead and prove it and partys failure to do so entitles court to assume that foreign law is the same as forum law C. holding that while the need to apply foreign law does not warrant dismissal in itself it is a factor favoring dismissal D. holding that it is not E. holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum

assistant: The best answer is C. holding that while the need to apply foreign law does not warrant dismissal in itself it is a factor favoring dismissal
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: 427-28, 832 A.2d 396, 399 (2003) (excessive fines); Jackson v. Hendrick, 509 Pa. 456, 465 n. 10, 503 A.2d 400, 404 n. 10 (1986) (prison conditions). However, none of those cases involved juvenile offenders, who the Supreme Court has indicated are to be treated differently with respect to criminal punishment. See, e.g., Miller,-U.S. at-, 132 S.Ct. at 2470. 6 . Certainly, "[d]etermining the appropriate sentence for a teenager convicted of murder presents grave and challenging questions of morality and social policy.” Miller, - U.S. at -, 132 S.Ct. at 2477 (Roberts, C.J., dissenting, joined by Scalia, Thomas, and Alito, JJ.). Our role in establishing the direction of social policy is a limited one, however. See, e.g., Naylor v. Twp. of Hellam, 565 Pa. 397, 408, 773 A.2d 770, 777 (2001) (<HOLDING>). Justice BAER, concurring. I join in full the Options: A. recognizing the general assemblys superior ability to examine social policy issues and to establish appropriate substantive legal standards B. recognizing general rule C. recognizing the legislatures superior ability to examine social policy issues and determine legal standards so as to balance competing concerns D. recognizing the general assemblys superior ability to examine social policy issues and determine legal standards so as to balance competing concerns E. recognizing the general assemblys superior ability to examine social policy issues and determine legal standards so as to balance competing considerations

assistant: The best answer is A. recognizing the general assemblys superior ability to examine social policy issues and to establish appropriate substantive legal standards
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 each of the Participating Employers will indemnify and hold harmless the Committee and each member, and each person to whom the Committee has delegated responsibility under this Article XI (each an “Other Person”), from and against any and all losses, costs, liabilities or expenses that may be imposed upon or incurred by them in connection with or resulting from any claim, action, suit, or proceeding to which any member of the Committee or such Other Person is or may be a party or may be involved by reason of any action taken or failure to act under the Plan, or for any other reason, and from and against any and all amounts paid by the members of the Committee (or any of them) or such Other Person or Persons in settlement (if with the Company’s approval) of, or paid by them in satisfaction of a judgment in, any such action, suit or proceeding and from and against any other joint or several liability for their acts and omissions and for the acts and omissions of their duly appointed agents in the administration of the Plan, except for their own willful breach of fiduciary duty or willful misconduct.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: receive any extra priority by virtue of [the enforcement] action. Actual collection of the back pay and liquidated damages claims must proceed according to normal bankruptcy procedures.”). Moreover, the enforcement of basic work-place standards is part of the state’s police powers to protect its citizens. “States possess broad authority under their police powers to regulate the employment relationship to protect workers within the State. Child labor laws, minimum and other wage laws, laws affecting occupational health and safety, and workmen’s compensation laws are only a few examples.” De Canas v. Bica, 424 U.S. 351, 356, 96 S.Ct. 933, 937, 47 L.Ed.2d 43 (1976); see also Metropolitan Life Insurance Co. v. Massachusetts, 471 U.S. 724, 756, 105 S.Ct. 2380, 2397, 85 L.Ed.2d 728 (1985) (<HOLDING>). New York State Labor Law § 196-d is entitled Options: A. holding state law claim preempted by 301 of labor management relations act only if application of state law requires interpretation of collective bargaining agreement B. holding state law claim substantially dependent upon interpretation of collective bargaining agreement must be dismissed for failure to use grievance procedure or as preempted by 301 of labor management relations act C. holding that the but for test applied in a mixed motive case under the national labor relations act D. holding that an employees state law claim against employer for breach of settlement agreement arrived at by virtue of grievance process established by the collective bargaining agreement was preempted by labor management relations act E. holding that national labor relations acts does not preempt states mandatedbenefit law implementing state policy on mental health care as applied to a plan negotiated pursuant to collective bargaining agreement subject to act

assistant: The best answer is E. holding that national labor relations acts does not preempt states mandatedbenefit law implementing state policy on mental health care as applied to a plan negotiated pursuant to collective bargaining agreement subject to act