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: TWTCLP’s argument is persuasive. 7WTCLP had no “expectancy of economic advantage” in Tenant’s Property on September 11, 2001. In the cases upon which Citigroup relies, the insured had an insurable interest at the time of the loss. The expectancy was not hypothetical, but in fact existed at the time of the loss. See Scarola, v. Ins. Co. of N. Am., 81 N.Y.2d 411, 340 N.Y.S.2d 630, 292 N.E.2d 776 (1972) (finding that the plaintiff had an insurable interest in a car which he paid value for without knowledge that it was stolen and which he was in possession of at the time of the loss, despite the fact that the rightful owner could emerge and assert superior title to the vehicle); Deck v. Chautauqua Co. Patrons’ Fire Relief Assoc., 73 Misc.2d 1048, 343 N.Y.S.2d 855 (N.Y.Sup.Ct.1973) (<HOLDING>). Here, it is clear that on September 11, 2001, Options: A. holding that buyers of real property who were in constructive possession of the property had made a down payment and had signed a contract to purchase at the time of the loss had an insurable interest in the property despite a court determination two years after the loss that the agreement to purchase was not binding B. holding that where purchaser had taken possession and paid part of the purchase price the statute of frauds did not bar enforcement of a purchase agreement C. holding that trial court erred as a matter of law by enforcing contract for purchase of real property that had terminated by its own terms D. holding that plaintiffs may have a property interest in real property E. holding that contract for purchase of real property terminated by its own terms upon buyers giving of a certain notice and that therefore the contract was no longer valid and enforceable

assistant: The best answer is A. holding that buyers of real property who were in constructive possession of the property had made a down payment and had signed a contract to purchase at the time of the loss had an insurable interest in the property despite a court determination two years after the loss that the agreement to purchase was not binding
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: B. Nimmer & the Rights of Publicity: A Tribute, 34 U.C.L.A. L.Rev. 1703, 1712 (1987) (stating that the right of publicity has “matured into a distinctive legal category occupying an important place in the law of intellectual property”); Black’s Lau) Dictionary 813 (7th ed.1999) (defining intellectual property as follows: “A category of intangible rights protecting commercially valuable products of the human intellect. The category comprises primarily trademark, copyright, and patent rights, but also includes trade-secret rights, publicity rights, moral rights, and rights against unfair competition.”). Further, Almeida argues that § 230(e)(2) extends to all intellectual property rights, even non-traditional state-law intellectual property rights. See Perfect 10, 340 F.Supp.2d at 1108-09 (<HOLDING>). Indeed, courts have held that intellectual Options: A. holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest B. holding that 230e2 applies to californias wrongful use of registered mark law cal bus profcode 14335 and californias right of publicity law cal civcode 3344 C. holding that a change of venue was not warranted due to publicity surrounding an unrelated murder with common features because the defendant failed to establish any specific prejudice against him as a result of the publicity D. holding that based on 230e2 the cda does not apply to californias statutory and common law right of publicity claims E. holding that the right of publicity is descendible

assistant: The best answer is D. holding that based on 230e2 the cda does not apply to californias statutory and common law right of publicity 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: nothing in these terms of service ( including the limitation of liability provisions ) is intended to exclude or limit any condition , warranty , right or liability which may not be lawfully excluded or limited .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: use or take part ( directly or indirectly ) in the use of cheats , exploits , automation software , bots , hacks , mods or any unauthorized third-party software designed to modify or interfere with the service , any supercell game or any supercell game experience .

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 399 U.S. 524 90 S.Ct. 2241 26 L.Ed.2d 782 Melvin Lee HOYT et al.v.MINNESOTA. No. 1544. Supreme Court of the United States October Term, 1969. June 29, 1970 On Petition for Writ of Certiorari to the Supreme Court of Minnesota. PER CURIAM. 1 The petition for a writ of certiorari is granted and the judgment is reversed, Redrup v. New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515. 2 Mr. Justice BLACKMUN, with whom THE CHIEF JUSTICE and Mr. Justice HARLAN join, dissenting. 3 I am not persuaded that the First and Fourteenth Amendments necessarily prescribe a national and uniform measure—rather than one capable of some flexibility and resting on concepts of reasonableness—of what each of our several States constitutionally may do to regulate obscene products within its borders. 4 Here a Minnesota trial court (just as the Ohio trial court did in Walker v. Ohio, 398 U.S. 434, 90 S.Ct. 1884, 26 L.Ed.2d 385 (1970)), endeavored to apply standards articulated by this Court in prior cases and embodied in a precisely worded Minnesota statute, and reached the conclusion that the materials in question were obscene within the meaning of that statutory definition. Six of the seven Justices of the Supreme Court of that State, citing Redrup v. New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515 (1967), and other decisions of this Court, have identified the offending material 'for what it is,' have described it is dealing 'with filth for the sake of filth,' and have held it obscene as a matter of law. 286 Minn. 92, 95, 174 N.W.2d 700, 702. I cannot agree that the Minnesota trial court and those six justices are so obviously misguided in their holding that they are to be summarily reversed on the authority of Redrup. 5 At this still, for me, unsettled stage in the development of state law of obscenity in the federal constitutional context I find myself generally in accord with the views expressed by Mr. Justice Harlan in Roth v. United States, 354 U.S. 476, 496, 500-503, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957); Jacobellis v. Ohio, 378 U.S. 184, 203-204, 84 S.Ct. 1676, 12 L.Ed.2d 793 (1964); and A Book Named 'John Cleland's Memoirs of a Woman of Pleasure' v. Attorney General of Com. of Massachusetts, 383 U.S. 413, 455, 458-460, 86 S.Ct. 975, 16 L.Ed.2d 1 (1966), and with those enunciated by The Chief Justice in Cain v. Kentucky, 397 U.S. 319, 90 S.Ct. 1110, 25 L.Ed.2d 335 (1970), and in Walker v. Ohio, supra.

assistant: 3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive hereby acknowledges and agrees that the Release set forth in Section 3 hereof is a general release against Releasees, and Executive, for himself, his heirs, executors, administrators and assigns, does hereby expressly waive and assume the risk of any and all claims for damages against any of Releasees that exist as of the date of this Agreement but of which he does not know or suspect to exist, whether through ignorance, oversight, error, negligence or otherwise, and which, if known, would materially affect Executive’s decision to enter into this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: meeting by telling her supervisor that she was involved in an investigation and could not get away. It is unclear whether Costil-la’s supervisors knew that Sloan had assured Costilla that she would be protected from Acosta’s harassment and that Costilla would not be required to be present with Acosta in the future. In March 1995, Acosta was in Minnesota and met with Costilla. He insisted that Cos-tilla give him her home telephone number and got angry when she refused. In April 1995, Acosta called Costilla, ive. Third, the MHRA and cases interpreting the MHRA are consistent with the EEOC guidelines and the non-employee sexual harassment cases. Sexual harassment is a form of discrimination under the MHRA. Minn.Stat. § 363.01, subd. 14 (1996). The MHRA holds an employe 21-23 (Minn. 1997) (<HOLDING>). Accordingly, an employer has a broad duty Options: A. holding that coas should be construed liberally B. holding that pleadings under the rico act are to be liberally construed C. holding that under edenfield the act should be liberally construed D. holding samesex sexual harassment actionable mhra should be liberally construed E. holding that pro se pleadings are to be liberally construed

assistant: The best answer is D. holding samesex sexual harassment actionable mhra should be liberally construed
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: if you are bringing a minor as an additional guest , you are solely responsible for the supervision of that minor throughout the duration of your host service and to the maximum extent permitted by law , you agree to release and hold harmless airbnb from all liabilities and claims that arise in any way from any injury , death , loss or harm that occurs to that minor during the host service or in any way related to your host service .

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: The execution, delivery and performance by the Buyer Parties of the Buyer Transaction Agreements (including the consummation of the Buyer Transactions) do not and will not require any Consent, waiver or other action by, or any material filing with or notification to, any Governmental Authority except (a) in connection with applicable filing, notification, waiting period or approval requirements under applicable Antitrust Laws, (b) where the failure to obtain such Consent or waiver, or to take such action or make such filing or notification would not materially impair or delay the ability of the Buyer Parties to consummate the Buyer Transactions or otherwise in all material respects perform their respective obligations under the Buyer Transaction Agreements, or (c) the filing of any Consents listed on Section 5.03 of the Buyer Disclosure Letter.

assistant: Consents
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 has been duly and validly authorized, executed and delivered on behalf of such Buyer and constitutes the legal, valid and binding obligations of such Buyer enforceable against such Buyer in accordance with its terms, except as such enforceability may be limited by general principles of equity or applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.

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: 1261. 13 . In Battle, a co-defendant named Diaz was convicted of kidnapping while armed and two counts of assault with intent to commit the offense of kidnapping while armed. The testimony at trial indicated that while Diaz temporarily acquired a gun from Battle during the kidnapping of the victim in the first count, he did not possess the gun during the subsequent assaults of other victims. The court held that Diaz could, nevertheless, be subjected to enhanced sentencing based upon accomplice liability because: [t]here is no indication in the D.C.Code, or any case law of this jurisdiction, to suggest that the principles enunciated in section 22-105 [i.e., accomplice liability] do not apply to enhance the sentence of an aider and abettor who assists an armed pri Cal.App.3d 149 (1982), (<HOLDING>), with People v. Tung Thanh Le, 200 Cal.Rptr. Options: A. holding that absent legislative intent to impose derivative liability enhanced sentences based on the use of a weapon during a crime may not be imposed on defendants who were not personally armed B. holding that a sentence may be enhanced based on a prior conviction that was not alleged in the indictment admitted on the record or proved beyond a reasonable doubt C. holding that the defendants sentence for armed burglary in violation of section 810022b was improperly enhanced pursuant to section 775087 because the use of a weapon or a firearm is an essential element of armed burglary D. holding that possession of a weapon is not in an of itself a crime E. holding that armed robbery cannot be enhanced under section 7750871 florida statutes 1981 because under the robbery statute it is already an enhanced charge due to the use or display of a weapon

assistant: The best answer is A. holding that absent legislative intent to impose derivative liability enhanced sentences based on the use of a weapon during a crime may not be imposed on defendants who were not personally armed
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: if you use any such software development kit or api ( as applicable ) you agree that you have read and will comply with the applicable licensing terms , which are available on http://developer.skype.com/ .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: academia.edu reserves the right to revoke your access to and use of the site , services and collective content at any time , with or without cause .

assistant: 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 legal provision and list the applicable contract clause categories. Provision: The parties hereto hereby acknowledge that by agreeing to binding arbitration they have irrevocably waived their respective rights to a jury trial with respect to any action, claim or other proceeding arising out of any dispute in connection this Agreement or any other agreement or document delivered in connection herewith, any rights or obligations hereunder or thereunder, or the performance of such rights and obligations. This provision is a material inducement for the parties entering into this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller hereby agrees to sell, convey and assign to Purchaser, and Purchaser hereby agrees to purchase and accept from Seller, on the Closing Date and subject to the terms and conditions of this Agreement, the Real Property and the Improvements together with all of Seller’s right, title, and interest in and to each of the following attributable to the Real Property and the Improvements: (a) the Personal Property; (b) the Tenant Leases in effect on the Closing Date and, subject to the terms of the respective applicable Tenant Leases, the Tenant Deposits (if any); (c) the Service Contracts in effect on the Closing Date, except for those Service Contracts that Purchaser duly requires to be terminated at or prior to Closing pursuant to the express terms of this Agreement, (d) the Licenses and Permits; and (e) the Intangible Personal Property, in each of the cases of (d) and (e) to the extent assignable without the necessity of consent or approval and, if consent or approval is required, to the extent any necessary consent or approval has been obtained (collectively with the Real Property, the “ Property ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Bornstein, 423 U.S. 303, 309, 96 S.Ct. 523, 46 L.Ed.2d 514 (1976). As amended, the FCA imposes civil liability upon “[a]ny person” who, inter alia, “knowingly presents, or causes to be presented, to an officer or employee of the United States Government.. .a false or fraudulent claim for payment or approval.” 31 U.S.C. § 3729(a). The FCA originally imposed double damages and civil penalties for each false claim. See Dunleavy v. County of Del., No. CIV. A. 94-7000, 2000 WL 1522854, at *3 (E.D.Pa. Oct.12, 2000). The Supreme Court considered the double-damages provision of the FCA to be remedial in nature. See, e.g., Bornstein, 423 U.S. at 315, 96 S.Ct. 523 (“[P]ast decisions of this Court have reflected a clear understanding that Congress i York, 8 F.Supp.2d 343, 356 (S.D.N.Y.1998) (<HOLDING>). In 1998, the Second Circuit handed down the Options: A. recognizing that state agencies which are independent of the state are citizens of the state B. holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law C. holding that state and local government agencies were not persons under the fca D. holding that state agencies are treated as states under the eleventh amendment E. holding agencies of state government are part of the state for purposes of sovereign immunity

assistant: The best answer is C. holding that state and local government agencies were not persons under the fca
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration for your continuing employment by Amkor, and the payments, benefits and other perquisites described herein, you agree to become a party to the Restrictive Covenant Agreement set forth on Schedule A and the Confidentiality, Intellectual Property and Insider Information Obligations agreement (the “Confidentiality Agreement”) set forth on Schedule B effective as of February 27, 2017. You represent and warrant that you are not subject to any non-compete, non-disclosure, or similar agreement or restrictive covenant that would materially impair your ability to perform the duties of this position. You also acknowledge that (i) your work for Amkor will give you access to confidential affairs and propriety information of Amkor and its affiliates; (ii) the restrictive covenants contained in the Restrictive Covenant Agreement and the Confidentiality Agreement are essential to the business and goodwill of Amkor and its affiliates; and (iii) Amkor would not have made you this continuing offer of employment but for your agreement to become party to the Restrictive Covenant Agreement and the Confidentiality Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Nevada and has all requisite corporate power and authority to own and lease its property, to carry on its business as presently conducted and as proposed to be conducted (as previously disclosed to the Buyer) and to execute and deliver, and to perform all of its obligations under, this Purchase Agreement, the Note and the Warrant (collectively, the “Company Documents”).

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: Each of the Lenders and the Issuing Lender hereby irrevocably appoints PNC to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 10 are solely for the benefit of the Administrative Agent, the Lenders and the Issuing Lender, except as specifically set forth herein, and the Borrower shall have no rights as a third party beneficiary of any of such provisions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the court to take additional evidence if necessary, to re-evaluate the award, and to explain its “thought process” (id. at 456, 812 A.2d 1089) in regard to FL § ll-106(c)(2). As the case law illustrates, making the type of prediction required by FL § ll-106(c)(2) is sometimes an exceptionally difficult task. In the present case, the trial court made a commendable attempt to reach an equitable result despite the gulf between the analysis dictated by the statute and the evidence offered by the parties. The evidence conclusively showed that, even after imputing income to Wife, she was entitled to alimony at least in the 2015 and 2016 calendar years. Husband conceded as much in his closing argument, and rightly so. See Rogers v. Rogers, 80 Md.App. 575, 591-92, 565 A.2d 361 (1989) (<HOLDING>). The court evidently agreed that Wife had Options: A. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint B. holding that court abused discretion in denying alimony where highest salary ever earned by wife was small fraction of husbands current salary C. holding that bia abused its discretion in denying motion to reopen D. holding that the trial court abused its discretion in ordering temporary alimony that exceeded the husbands ability to pay E. holding that equitable principles prevent the revival of alimony where it would be inequitable to allow wife to receive support from two husbands

assistant: The best answer is B. holding that court abused discretion in denying alimony where highest salary ever earned by wife was small fraction of husbands current 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except for our obligations to pay amounts to applicable hosts pursuant to these terms or an approved payment request under the airbnb host guarantee , in no event will airbnb 's aggregate liability arising out of or in connection with these terms and your use of the airbnb platform including , but not limited to , from your publishing or booking of any listings via the airbnb platform , or from the use of or inability to use the airbnb platform or collective content and in connection with any accommodation , experiences , event or other host service , or interactions with any other members , exceed the amounts you have paid or owe for bookings via the airbnb platform as a guest in the twelve ( 12 ) month period prior to the event giving rise to the liability , or if you are a host , the amounts paid by airbnb to you in the twelve ( 12 ) month period prior to the event giving rise to the liability , or one hundred u.s. dollars ( us$ 100 ) , if no such payments have been made , as applicable .

assistant: Limitation of liability
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: aid recipients with regard to their religion. Finally, Plaintiffs argue that the educational crisis precipitating the Cleveland program distinguishes this case from Zel-man. Indeed, the Supreme Court recognized that the purpose of the Cleveland program was to “assist poor children in failed schools.” 536 U.S. at 655, 122 S.Ct. at 2469. In contrast, Defendants have not argued that Arizona schools are failing or even that the Tuition Tax Credit will primarily benefit the poor. However, Plaintiffs’ objections are irrelevant to the constitutional analysis, which only asks whether the program has a valid secular purpose, seeking neither to advance nor inhibit religion. 536 U.S. at 648-649, 122 S.Ct. at 2465; cf. Am. Jewish Cong. v. Corp. for Nat’l. & Cmty. Serv., 399 F.3d 351 (D.C.Cir.2005) (<HOLDING>), rev’g 323 F.Supp.2d 44 (D.D.C.2004). Options: A. holding that use of borrowed funds constituted a preference because the funds constituted hard cash available for distribution to creditors B. holding that discretionary distribution of government funds to americorps recipients is permissible under the establishment clause which only requires that government distribute funds neutrally with respect to religion C. holding that an order to disgorge funds was final even though the order did not distribute the funds D. holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the internal revenue code E. holding that defendant violated section 4b when she misappropriated pool participant funds by soliciting funds for trading and then trading only a small percentage of those funds while disbursing the rest of the funds to investors herself and her family

assistant: The best answer is B. holding that discretionary distribution of government funds to americorps recipients is permissible under the establishment clause which only requires that government distribute funds neutrally with respect to religion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the patent rights. Furthermore, the tortious interference claims, even though they are based in part on Cryovac’s assertion that Pechiney willfully infringed claim 11 of the ’419 patent, require Cryovac to prove a number of things in addition to willful infringement, including the existence of a contract or a valid business relationship or expectancy and the knowledge Pechiney allegedly had of the contract or the relationship (see supra at 16). See Dow Chem., 139 F.3d at 1477 (“a tort claim for intentional interference with contractual relations requires elements entirely different to those required for inequitable conduct”). Therefore, Cryovac’s tortious interference claim is not preempted by patent law. See Rodime PLC v. Seagate Tech., Inc., 174 F.3d 1294, 1306 (Fed.Cir.1999) (<HOLDING>). 2. Existence of a Contract Pechiney asserts Options: A. holding that a defendant could not be liable for tortious interference with a business relation where the defendant merely exercised its legal rights B. holding that where both defamation and tortious interference claims are pled and are based on same facts minnesota law requires the application of the actual malice standard to tortious interference claims C. holding that a patentee could sue for tortious interference along with its claims of infringement D. holding that the plaintiff stated a claim for tortious interference E. recognizing action for tortious interference with prospective advantage

assistant: The best answer is C. holding that a patentee could sue for tortious interference along with its claims of infringement
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: offenses not involving violence or harm to a victim. See § 42-4-1801.1(8), C.R.S. (2010) (an officer cannot physically require submission to a chemical test unless there is probable cause to believe that the person has committed criminally negligent homicide, vehicular homicide, assault in the third degree, or vehicular assault); § 42-4-18301(2)(d), C.R.S. (2010) (if a person refuses chemical testing and is subsequently tried for DUI or DWAI, the refusal is admissible at trial); cf., State v. Lovig, 675 NW.2d 557, 566 (Iowa 2004) ("[A] defendant is permitted to refuse a chemical test ... [and therefore] the claim of destruction of evidence in the context of blood aleohol content testing may be illusory."); Commonwealth v. DiGeronimo, 38 Mass.App.Ct. 714, 652 N.E.2d 148, 158 (1995) (<HOLDING>). With these characteristics in mind, we must Options: A. holding that the state police is a state agency B. holding that the police officers had probable cause to make a warrantless entry C. holding that if a police officer inflicted no constitutional injury on a suspect it is inconceivable that the police commissioners could be liable to the suspect D. holding in an impliedconsent case that a warrantless police entry was unlawful in part because the police did not request entry E. holding that under state law police may not constitutionally compel a suspect to take a field sobriety breathalyzer or blood test and therefore police can have no reasonable expectation that a warrantless entry will enable them to obtain or preserve such evidence

assistant: The best answer is E. holding that under state law police may not constitutionally compel a suspect to take a field sobriety breathalyzer or blood test and therefore police can have no reasonable expectation that a warrantless entry will enable them to obtain or preserve such evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: factual evidence. The insufficiency of the evidence is fatal to the requisite analysis of the Rule 23 criteria that a trial court must conduct before certifying a class action. See Citicorp, 715 So.2d at 204 (requiring that a trial court conduct a rigorous analysis of the certification criteria). In this case, the insufficiency of the evidence is reflected in the conclusory analysis of the Rule 23(a) typicality and adequacy criteria contained in the trial court’s certification order. The order merely recites the requirement of these criteria and summarily concludes that both of these prerequisites are met. Thus, the St. Clair Circuit Court abused its discretion in certifying the class in the Wallace Action. ' See Ex parte American Bankers Life Assurance Co., 715 So.2d 186 (Ala.1997) (<HOLDING>). 2. The Rockett Action The Birmingham Water Options: A. holding the court was not required to decide the issue of whether the district court properly certified a rule 23b2 class because the court already concluded that the district court appropriately certified the class under rule 23b3 citing authority for the proposition that a court need only find that a class action may be maintained under any of the three subdivisions B. holding that when a court of appeals has jurisdiction on interlocutory appeal the scope of appellate review is not limited to the precise question certified by the district court because the district courts order not the certified question is brought before the court C. holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed D. holding that a class could not be certified because the definition made class members impossible to identify prior to individualized factfinding and litigation and thereby failed to satisfy one of the basic requirements for a class action under rule 23 E. holding that the trial court improperly certified a class because it had not conducted a rigorous analysis of the elements of commonality and typicality

assistant: The best answer is E. holding that the trial court improperly certified a class because it had not conducted a rigorous analysis of the elements of commonality and typicality
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise set forth in these Award Terms, the Performance Share Units shall vest in accordance with the “Schedule for Vesting” set forth on the Grant Notice. Each Performance Share Unit, upon vesting thereof, shall entitle the holder thereof to receive one Common Share (subject to adjustment pursuant to Section 10 hereof).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any one or more of the provisions contained in this Agreement or in any other Security Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 474 U.S. 1 106 S.Ct. 304 88 L.Ed.2d 1 Commonwealth of KENTUCKYv.State of INDIANA et al. No. 81 Supreme Court of the United States November 4, 1985 1 On Bill of Complaint. 2 The Report of the Special Master is received and ordered filed. The parties having waived the right to file Exceptions, the Report is adopted. DECREE It is ordered, adjudged, and decreed that: 3 1. The boundary line between the State of Indiana and the Commonwealth of Kentucky is fixed as geodetically described in Joint Exhibit 50 to the Special Master's Report filed with this Court on November 4, 1985. Joint Exhibit 50 is incorporated by reference herein. 4 2. Copies of this Decree and the Special Master's Report (including Joint Exhibits 1-50, inclusive) shall be filed with the Clerk of this Court, the Archives Division of the Indiana Commission on Public Records of Indiana, and the Secretary of State of the Commonwealth of Kentucky. 5 3. Copies of this Decree and the Special Master's Report (including Joint Exhibit 50 and paper prints of Joint Exhibits 1-49, inclusive, once they become available) shall be filed with the Office of the County Recorder in each of the following Indiana counties: the counties of Posey, Vanderburgh, Warrick, Spencer, Perry, Crawford, Harrison, Floyd, Clark, Jefferson, Switzerland, Ohio, and Dearborn; and with the County Clerk's Office in the Commonwealth of Kentucky in each of the following Kentucky counties: the counties of Union, Henderson, Daviess, Hancock, Breckinridge, Meade, Hardin, Jefferson, Oldham, Trimble, Carroll, Gallatin, and Boone. 6 4. The State of Indiana and the Commonwealth of Kentucky each have concurrent jurisdiction over the Ohio River. 7 5. The costs of this proceeding shall be divided between the parties as recommended by the Special Master.

assistant: 11
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: 65(c) invests the district court ‘with discretion as to the amount of security required, if any.’ ” Jorgensen v. Cassiday, 320 F.3d 906, 919 (9th Cir.2003) (quoting Barahona-Gomez v. Reno, 167 F.3d 1228, 1237 (9th Cir.1999)). TaylorFailor asks that no security be required upon issuance of this temporary restraining order. The County has not opposed the request. A district court may dispense with the filing of a bond when it concludes there is no realistic likelihood of harm to the defendant from enjoining its conduct. See id. Under the circumstances, because this is such a case, and because the rights implicated are constitutional and involve the public interest, the Court finds that no security is required. See Save Our Sonoran, Inc. v. Flowers, 408 F.3d 1113, 1126 (9th Cir.2005) (<HOLDING>); Booth v. McManaman, 830 F.Supp.2d 1037, 1045 Options: A. holding that the bond was intended to and did substantially comply with sjection 71323 therefore because its conditions were not broader and more protective than the statute required the contention that the bond was a common law bond failed B. recognizing that no bond or a nominal bond may be appropriate in cases involving the public interest C. holding that bond provisions of rule 684 are manda tory and that an injunction issued without a bond is void D. holding that taxable costs included only the premium on a surety bond posted on appeal not the fees paid for letters of credit to secure the bond where the state statute and court rule only specifically allowed for premium on any surety bond E. holding that the lien bond releases the property from the lien but the lien is then secured by the bond

assistant: The best answer is B. recognizing that no bond or a nominal bond may be appropriate in cases involving the public interest
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: Schedules A, B and C hereto list the Eligible Employees who have satisfied the conditions for Plan participation and the date as of which each such Eligible Employee became a Participant. The Committee shall cause Schedules A, B and C to be updated from time to time to reflect the Participants who are currently participating in the Plan. An employee who becomes an Eligible Employee on or after January 1, 2014 shall become a Schedule C Participant. However, if an Eligible Employee is newly hired or promoted into a position reflected on Schedule B as of June 6, 2014, the Eligible Employee shall become a Schedule A Participant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to another.” Defendants argue that the only relevant transactions here were the defendants’ purchase of CDs with checks issued payable to them by the Puerto Rico lottery. We concede that such “transactions,” viewed in a vacuum, do not in and of themselves trigger a duty on the part of the bank to file CTRs. “Transaction,” however, is a “word of flexible meaning” which “may comprehend a series of many occurrences, depending not so much upon the immediateness of their connection as upon their logical relationship. ...” Moore v. New York Cotton Exchange, 270 U.S. 593, 610, 46 S.Ct. 367, 371, 70 L.Ed. 750 (1926). Hence, just as courts have refused to view “broken up” cash transactions of less than $10,000 occurring at the same bank on the same day in a vacuum, see, e.g., Giancola, supra (<HOLDING>), accord, United States v. Puerto, supra; Options: A. holding that payment must be intended as wages and be substantial consideration such that a reasonable person would be induced to give up the right to bring a tort claim against the employer B. holding that such broken up transactions must be aggregated into one C. holding that policies must be aggregated to determine underinsured status D. holding that plaintiff must present such evidence E. holding impermissible practice of taking partial verdicts from deadlocked juries when single charge is broken down into lesser charges because it would constitute an unwarranted and unwise intrusion into the province of the jury

assistant: The best answer is B. holding that such broken up transactions must be aggregated into one
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 prosecutor no doubt functions as an administrator rather than as an officer of the court.” Id. However, the line between investigative activities, which are protected only by qualified immunity, and traditional prosecutorial duties, which are granted absolute immunity, is not clear. Id.; see also Burns v. Reed, 500 U.S. 478, 494, 111 S.Ct. 1934, 114 L.Ed.2d 547 (1991) (stating that the “concern with interference with the conduct closely related to the judicial process ... justifies absolute prosecutorial immunity only for actions that are connected with the prosecutor’s role in the y for failure to investigate the accusations against a defendant before filing charges. See O’Connor v. Nevada, 686 F.2d 749, 750 (9th Cir.1982) (per curiam), aff'g 507 F.Supp. 546, 548-49 (D.Nev.1981) (<HOLDING>). A prosecutor is also absolutely immune from Options: A. recognizing that a judge is not absolutely immune from criminal liability B. holding that fdic is immune against interest C. holding that a prosecutor is immune from liability for failure to investigate adequately the accusations against a defendant before charging him or her D. holding that a prosecutors decision whether or not to give defense counsel evidence alleged to be materially exculpatory which was either discovered after the 1983 plaintiffs arrest but before his conviction or while the prosecutor was still functioning as an advocate for the state in posttrial motions and preparations for appeal is clearly part of the presentation of the states case and therefore a prosecutor is absolutely immune from liability for failure to turn over evidence E. holding prosecutor absolutely immune from suit for deciding to investigate and conspir ing to present false charges to the grand jury

assistant: The best answer is C. holding that a prosecutor is immune from liability for failure to investigate adequately the accusations against a defendant before charging him or her
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the alleged wrongful conduct by defendants as of May 18, 1999, the South Carolina claims should have been filed by May 18,2002. f. Tennessee Tennessee applies its general three year statute of limitations to claims under the Tennessee Trade Practices Act (Tenn.Code § 47-25-101 et seq.). See Tenn.Code § 28-3-105 (“The following actions shall be commenced within three (3) years from the accruing of the cause of action ... (3) Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefore, when no other time of limitation is fixed by the statute creating such liability.”); see also Leech v. Levi Strauss & Co., 1980 WL 4696, at *3 (Tenn. Ch. Ct. Sept. 25,1980) (<HOLDING>). Under Tennessee law, the cause of action Options: A. holding that an action for consequential damages to property whether the action is brought in contract or in tort is an action for injury to property within the threeyear statute of limitations B. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing C. holding that a plaintiff must show antitrust injury in order to bring an antitrust lawsuit D. holding that an antitrust injury is a necessary element of a 2 claim E. holding that a private antitrust action for injury sounds in tort and is subject to a three year statute of limitations

assistant: The best answer is E. holding that a private antitrust action for injury sounds in tort and is subject to a three year statute of limitations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you can reactivate the skype credit by following the reactivation link in my account at https://secure.skype.com/account/credit-reactivate .

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: Notwithstanding any other provision of this Agreement, to the extent that Indemnitee is or may be, by reason of Indemnitee’s Corporate Status, made a witness or otherwise asked to participate in any Proceeding, whether instituted by the Company or any other person, and to which Indemnitee is not a party, Indemnitee shall be advanced all Expenses and indemnified against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith within ten days after the receipt by the Company of a statement or statements requesting any such advance or indemnification from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee.

assistant: Indemnifications