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: determine only the rights of the parties involved in that particular proceeding and not impact the rights of others not involved in the proceeding. 10 City Plan, 121 Nev. at 432, 117 P.3d at 190. 11 Id. at 432, 117 P.3d at 191. 12 General Motors Corp. v. Ruckelshaus, 742 F.2d 1561, 1565 (D.C. Cir. 1984). 13 We similarly reject the argument that the Labor Commissioner’s actions in this case are exempted from the requirements of the APA because the Labor Commissioner was engaging in rate-making, which includes the integral duty to classify those jobs entitled to the prevailing wage. This court has previously noted that decisions involving rate-making are also subject to the requirements of the APA. See State Farm Mut. v. Comm’r of Ins., 114 Nev. 535, 543-44, 958 P.2d 733, 738 (1998) (<HOLDING>); see Public Serv. Comm’n v. Southwest Gas, 99 Options: A. holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer B. holding that notice and a hearing were required before the commissioner of insurance could require an insurance company to change its definition of at fault in order to secure approval of an increase in insurance rates C. holding that plaintiff could recover medical fees not actually paid by the insurance company pursuant to an insurance contract D. holding that under minnesota law an insurance policy or provision not filed with the commissioner of insurance is unenforceable E. holding that even if an insurance broker is the agent of the insurance company for purposes of soliciting and procuring the policy that would not necessarily make the broker the agent of the insurance company for the purpose of receiving notice of suits and claims

assistant: The best answer is B. holding that notice and a hearing were required before the commissioner of insurance could require an insurance company to change its definition of at fault in order to secure approval of an increase in insurance rates
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 the Severance Benefits, Executive agrees, upon request of the Company, to cooperate with the Company with reasonable advance notice to provide information to and assist the Company in the investigation, defense, or prosecution of any suspected claim against or by the Company and its subsidiaries and affiliates or any Releasee. Such assistance will include, but is not limited to, participating in interviews with representatives of the Company, attending, as a witness, depositions, trials, or other similar proceedings without requiring a subpoena, and producing and/or providing any documents or names of other persons with relevant information. Executive further agrees that Executive will provide full, complete and truthful information and testimony in all interviews, meetings, and/or testimony. Executive understands that the Company will reimburse Executive for reasonable out-of-pocket expenses incurred as a result of such cooperation. Executive will act in good faith to furnish the information and cooperation required by this Section 8 (Cooperation) and the Company will act in good faith so that the requirement to furnish such information and cooperation does not create a hardship for Executive.

assistant: Cooperation
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: by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Travis Hedrick appeals the district court’s order granting summary judgment to Arch Specialty Insurance Company in this insurance case. We have reviewed the parties’ briefs and the record on appeal and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Arch Specialty Ins. Co. v. Hedrick, No. 1:13-cv-00621-TDS-JLW, 2014 WL 6627039 (M.D.N.C. Nov. 21, 2014); see also Britt v. Hayes, 142 N.C.App. 190, 541 S.E.2d 761, 762 (2001) (<HOLDING>). We dispense with oral argument because the Options: A. holding that because negligence and breach of fiduciary duty claims are covered by the martin act these claims must be dismissed B. holding that ordinary negligence and gross negligence are not separate causes of action C. holding that plaintiffs negligence and negligent infliction of emotional distress claims are not independent of the breach of contract claim and summary judgment is warranted on these claims D. holding that the basis of liability is negligence and not injury E. holding that claims of battery and negligence are compatible

assistant: The best answer is E. holding that claims of battery and negligence are compatible
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 person, but only the feelings or reputation,” 41 Ark. at 298, and “which in their nature are invisible and intangible.” 110 Ark. at 138, 161 S.W. 136. The Estate’s suggestion to the contrary — that mental anguish and emotional distress constitute physical injuries to the person— is unpersuasive. Aside from the rather obvious distinction between physical and mental injuries drawn by the cases above, the Arkansas Supreme Court has long delineated between the two in the context of negligence liability. See Erwin v. Milligan, 188 Ark. 658, 663, 67 S.W.2d 592 (1934) (“The rule is well established that there can be no recovery for fright or mental pain and anguish caused by negligence, where there is no physical injury.”); Dowty v. Riggs, 2010 Ark. 465, at *6-*8, 385 S.W.3d 117 (2010) (<HOLDING>). Loss of employment compensation presents a Options: A. holding that arkansas does not recognize the tort of negligent infliction of emotional distress because the state does not permit damages based on mental suffering unaccompanied by physical injury B. holding that intentional infliction of emotional distress is a personal injury tort C. holding that the law does not recognize a cause of action for negligent infliction of emotional distress every time an employer negligently fails to comply with performance evaluation procedures resulting in an employees termination and emotional distress D. holding that employee could not state a claim for negligent infliction of emotional distress under fela without a showing of physical impact E. recognizing the tort of intentional infliction of emotional distress

assistant: The best answer is A. holding that arkansas does not recognize the tort of negligent infliction of emotional distress because the state does not permit damages based on mental suffering unaccompanied by physical injury
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: 755 F.2d 158, 163, 225 USPQ 34, 38 (Fed.Cir.1985); see also Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc., 807 F.2d 955, 963, 1 USPQ2d 1196, 1201 (Fed.Cir.1986) (excusing failure to make express findings as to the level of ordinary skill where there is no showing that the court’s failure to make such a finding influenced the ultimate determination). In this case, Okajima stated during the final hearing that there was no dispute that the level of skill was high. Where the parties agree that the level of skill in the art is high, any finding by the Board that the proper level of skill is less than that urged by the parties would only reinforce the Board’s conclusion of nonobviousness. See Kloster Speedsteel AB v. Crucible Inc., 793 F.2d 1565, 1574, 230 USPQ 81, 88 (Fed.Cir.1986) (<HOLDING>). Accordingly, we find no harm under the Options: A. recognizing that the determination is an equitable one B. recognizing that particular findings as to level of skill do not influence the ultimate determination under 103 where there is a determination that an invention would have been nonobvious to those of extraordinary skill C. holding that this court should review de novo ultimate determination of reasonableness of search under fourth amendment D. holding that courts may decline to make a constitutional determination at the first stage of the qualified immunity inquiry where that determination would be based on an interpretation of uncertain state law E. holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case

assistant: The best answer is B. recognizing that particular findings as to level of skill do not influence the ultimate determination under 103 where there is a determination that an invention would have been nonobvious to those of extraordinary skill
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 terms of the preamble are incorporated herein and shall constitute a part of this Settlement Agreement. This Settlement Agreement (inclusive of the Agreement referenced herein) constitutes the complete and exclusive agreement among the parties hereto with respect to the matters that are the subject of this Settlement Agreement, and may not be altered, amended or modified in any respect whatsoever except in a writing duly executed by each of the parties to this Settlement Agreement. This Settlement Agreement shall be binding upon and shall inure to the benefit of each of the undersigned parties hereto and each of their respective heirs, successors, and assigns. This Settlement Agreement shall be governed in its enforcement, construction and interpretation by the laws of the State of Delaware. This Settlement Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Settlement Agreement by facsimile transmission or by electronic mail in a PDF (or comparable) file shall be effective as delivery of a manually executed counterpart of this Settlement Agreement.

assistant: Miscellaneous
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 petitioners do not argue in their brief to this Court that the decision concerning the allocation of moneys in this case was based on any “legislative facts” or the “establishment of a general policy.” Instead, insofar as the specific issue of legislative immunity is concerned, the arguments presented in the petitioners’ brief in the present case focus solely on the fact that the decision was one that would impact the City’s coffers. The mere fact that a potentially discriminatory decision is made through an exercise of control over the public purse does not insulate the entity making that decision from a claim that the action is administrative in nature. E.g., Trevino v. Gates, 23 F.3d 1480 (9th Cir.1994); Hughes; O’Brien v. City of Greers Ferry, 873 F.2d 1115 (8th Cir.1989) (<HOLDING>). The United States Court of Appeals for the Options: A. recognizing that an action will lie for conversion of money when its identification is possible and there is an obligation to deliver the specific money in question or otherwise particularly treat the specific money B. holding that it is the legislative authority of the union that must make an act a crime C. holding that a failure to approve an expenditure of money is not necessarily a legislative act D. holding that a spouse is not necessarily an agent of the debtor E. recognizing that member of local governmental body does not necessarily act in legislative capacity when participation takes form of vote

assistant: The best answer is C. holding that a failure to approve an expenditure of money is not necessarily a legislative act
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: prejudiced by the discovery violation can the error be considered harmless. Schopp, 653 So.2d at 1020-21. On this record, it cannot be said that, beyond a reasonable doubt, the defendant was not procedurally prejudiced by the State’s discovery violation. The nurse offered expert opinion testimony establishing that the lack of vaginal injury is not unusual in rape cases. Since the defendant’s theory of the case was that the lack of injury to the victim’s vagina proved that a crime did not occur, there is a reasonable possibility that the discovery violation materially hindered the defendant’s trial preparation and/or strategy. Accordingly, the defendant’s judgment and sentence are reversed and this matter is remanded for a new trial. See Ward v. State, 165 So.3d 789 (Fla. 4th DCA 2015) (<HOLDING>); Debord v. State, 152 So.3d 788 (Fla. 1st DCA Options: A. holding that testimony at trial in violation of defendants constitutional confrontation right was harmless beyond a reasonable doubt because the testimony was cumulative B. holding that where the state commits a discovery violation the standard for harmless error is extraordinarily high a defendant is presumed to be procedurally prejudiced if there is a reasonable probability that the defendants trial preparation or strategy would have been materially different had the violation not occurred and a states discovery violation is harmless only if the appellate court can say beyond a reasonable doubt that the defense was not procedurally prejudiced C. holding that discovery violation hearing was required to determine whether defendant was procedurally prejudiced by the states nondisclosure of veterinary assistant as expert witness in defendants trial for animal cruelty D. holding that trial courts failure to conduct richardson hearing concerning states discovery violation in not designating a detective as an expert was not harmless even though detectives testimony was brief appellate court could not say beyond a reasonable doubt that defendant was not procedurally prejudiced by the discovery violation E. holding that trial court must determine whether fifth amendment violation was harmless beyond a reasonable doubt

assistant: The best answer is D. holding that trial courts failure to conduct richardson hearing concerning states discovery violation in not designating a detective as an expert was not harmless even though detectives testimony was brief appellate court could not say beyond a reasonable doubt that defendant was not procedurally prejudiced by the discovery violation
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 audited Consolidated financial statements of the Borrower, for the fiscal year ended December 31, 2016 and the unaudited Consolidated financial statements of the Borrower for the Quarterly Reporting Period ended July 1, 2017, furnished to the Administrative Agent and the Lenders, have been prepared in accordance with GAAP, and fairly present in all material respects the financial condition of the Companies as of the dates of such financial statements and the results of their operations for the periods then ending. Since the dates of such statements, there has been no change in any Company’s financial condition, properties or business or any change in any Company’s accounting procedures that could reasonably be expected to result in a Material Adverse Effect.

assistant: Financial Statements
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 of this Agreement, the Founder shall be employed by the Employer and shall serve as Chief Visionary Officer . The Founder shall serve in such offices or positions with the Employer or any subsidiary of the Employer and such substitute or further offices or positions of substantially consistent rank and authority. The Founder shall perform such duties appropriate for a founding officer of Employer as may be assigned to him from time to time by the Employer and as described in the Employer's bylaws. The Employer shall direct, control, and supervise the duties and work of the Founder.

assistant: Duties
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: offense. Additionally, while Boner points out that he originally had been placed on work release, he tested positive for cannabis and methamphetamine during that period. Appellant's App. p. 29. Specifically, Boner admitted at the sentencing hearing that he purchased marijuana and methamphetamine from Hardiman two days before the trial commenced. Appellant's App. p. 178-79. In light of these circumstances, it was reasonable for the trial court to conclude that Boner should not be permitted to continue with work release and, instead, face a stricter penalty. Tr. p. 166, 185-86. Finally, while the trial court considered the effect of Boner's incarceration on his children, it was not required to find this a significant mitigator. See Dowdell v. State, 720 NE.2d 1146, 1154 (Ind.1999) (<HOLDING>). Turning to the aggravating factors found by Options: A. recognizing that absent special cireumstances trial courts are not required to find that imprisonment will result in an undue hardship where the defendant has one or more children B. holding that more than notice to a defendant is required C. holding that a trial courts weighing of mitigating and aggravating factors will not be disturbed absent a showing that the trial court abused its discretion D. holding that a trial courts order in a probationrevocation proceeding will not be reversed absent a clear abuse of discretion E. holding that when plaintiffs argue an inconsistent jury verdict this court will not disturb the trial courts denial of a motion for a new trial absent a showing of abuse of discretion

assistant: The best answer is A. recognizing that absent special cireumstances trial courts are not required to find that imprisonment will result in an undue hardship where the defendant has one or more children
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: Delivery to Administrative Agent of the following: (i) the most recent quarterly unaudited financial statements of Borrower (on a consolidated basis for Borrower and the Borrower Subsidiaries and including pro forma financial statements) and each Member (other than Atlantic Member and GE Member) prepared in accordance with GAAP along with a certificate signed by an Authorized Officer of the applicable Person, certifying that such financial statements fairly present in all material respects the financial condition of such Idaho Wind Entity, in accordance with GAAP, consistently applied, as at the end of, and for, such period (subject to normal year-end adjustments), (ii) a Financial Condition Certificate in respect of Atlantic Member and GE Member and (iii) the most recent annual audited financial statements of the Power Purchaser and EPC Contractor. Borrower shall deliver to Administrative Agent and Collateral Agent a copy of Form W-9 duly completed by Borrower.

assistant: Financial Statements
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 appeals. See supra p. 501. There is thus no room in the dissent’s position for the considerations of “prudence and comity” that the dissent agrees must "shape our decision” as to whether to exercise injunctive power. Dissent at 504. 6 . A rule against simultaneous actions would seem especially unlikely in those circuits given the uncertain contours of the relief available to an aggrieved employee before DOT. While “make-whole,” as well as injunctive, relief is available in federal court, see, e.g., Steele v. Louisville & Nashville R.R. Co., 323 U.S. 192, 207, 65 S.Ct. 226, 234, 89 L.Ed. 173 (1944) (providing for "usual judicial remedies of injunction and award of damages” in fair representation claims); Vaca v. Sipes, 386 U.S. 171, 196, 87 S.Ct. 903, 920, 17 L.Ed.2d 842 (1967) (<HOLDING>), we have been unable to ascertain whether (and Options: A. holding that back pay may be awarded to the date of judgment B. holding that punitive damages may be awarded for egregious violations of the lmrda C. holding that damages and injunctive relief may be awarded in fair representation cases when necessary to make employees whole D. holding that erisa provides relief only for clearly ascertainable damages with the intent to make plaintiffs whole which precludes recovery for speculative future harm E. holding that one who makes a representation that is misleading because it is in the nature of a halftruth assumes the obligation to make a full and fair disclosure of the whole truth

assistant: The best answer is C. holding that damages and injunctive relief may be awarded in fair representation cases when necessary to make employees whole
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 may amend, modify or terminate any outstanding Option, provided that the Recipient’s consent to such action shall be required unless it occurs pursuant to a Sale of the Company or the Committee determines that the action would not materially and adversely affect the Recipient.

assistant: Amendments
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: any message , data , information , text , music , sound , photos , graphics , code or any other material ( `` content '' ) that is false , unlawful , misleading , libelous , defamatory , obscene , pornographic , indecent , lewd , suggestive , harassing , or advocates harassment of another person , threatening , invasive of privacy or publicity rights , abusive , inflammatory , fraudulent or otherwise objectionable ;

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: at a hearing, examining trial, or trial, the court shall appoint a qualified interpreter to interpret the proceedings in any language that the deaf person can understand, including but not limited to sign language. Tex.Code CRIm.Proc.Ann. art. 38.31(a). Article 38.31 implements the constitutional right of confrontation, which includes the right to have trial proceedings presented in a way that the accused can understand. Salazar v. State, 93 S.W.3d 339, 340 (Tex.App.-Texarkana 2002, pet. dism’d untimely filed). Prior to September 1, 2003, Article 38.31 applied to a juvenile, but not to his parents or guardian unless the parents or guardian testified. See In the Matter of G.I., No. 05-95-01323-CV, 1997 WL 303754, * 3-4 (Tex.App.-Dallas 1997, no pet.)(not designated for publication)(<HOLDING>). In 2003, the Legislature amended Section Options: A. holding that a 15 lien did not apply because that section does not require reimbursement for an injury not compensable under c 152 B. holding that letter stating an annual salary did not embody the terms of any agreement between the parties as it did not specify a beginning date duration of time and did not require acceptance signatures C. holding that search warrant was constitutionally defective because it did not require notice D. holding that article 3830 did not require appointment of interpreter for juveniles parents who did not speak english E. holding that time was not compensable where the employer provided but did not require use of a shuttle

assistant: The best answer is D. holding that article 3830 did not require appointment of interpreter for juveniles parents who did not speak english
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms of the Lease regarding insurance and waiver of subrogation by the parties, Tenant hereby indemnifies and agrees to defend and hold Landlord, the Suite 2600 and 2700 Expansion Space and the Building harmless from and against any and all suits, claims, actions, losses, costs or expenses of any nature whatsoever, together with reasonable attorneys' fees for counsel of Landlord's choice, arising out of or in connection with the Tenant Improvements or the performance of Tenant's Work (including, but not limited to, claims for breach of warranty, worker's compensation, personal injury or property damage, and any materialmen's and mechanic's liens).

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: child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed. Id. § 261.106(a) (emphasis added). The dissent also correctly points out that “Immunity from liability and immunity from suit are two distinct principles.” Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999). Finally, the dissent even recognizes that “[ijmmunity from liability is an affirmative defense, while immunity from suit deprives a court of subject matter jurisdiction.” Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex.2004); see also City of Hous. v. Williams, 353 S.W.3d 128, 134 (Tex.2011) (<HOLDING>); Harris County Hosp. Dist. v. Tomball Reg’l Options: A. holding that the oneyear bar contained in 2255 acts as an affirmative defense and not a jurisdictional bar B. holding bjecause immunity from liability constitutes an affirmative defense not a jurisdictional bar only immunity from suit is properly before us today C. recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit D. holding that qualified immunity is not merely immunity from damages but also immunity from suit E. holding immunity from liability is not jurisdictional

assistant: The best answer is B. holding bjecause immunity from liability constitutes an affirmative defense not a jurisdictional bar only immunity from suit is properly before us today
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 the Closing occurs, the Company shall pay all of the reasonable fees and expenses of legal counsel incurred by the Purchasers in connection with the negotiation and consummation of this Agreement and the transactions contemplated hereby, in an amount up to a maximum of $750,000. Such costs and expenses shall be reimbursed by the Company promptly following a request for such reimbursement and delivery of documents evidencing the incurrence of such costs and expenses.

assistant: Expenses
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 Borrowers hereby represent and warrant, jointly and severally, to ARES that as of the date hereof, and continuing as long as any indebtedness evidenced hereby remains outstanding and as long as this Note remains in effect this Note is the legal, valid and binding obligation of each Borrower and is enforceable against such Borrower in accordance with its terms. The Borrowers hereby represent and warrant, jointly and severally, to ARES that as of the date hereof and after consummation of the transactions contemplated hereby, each Borrower is solvent, is able to pay their respective debts as they become due and has capital sufficient to carry on their respective businesses and all businesses in which they are about to engage, and now owns property having a value both at fair valuation and at present fair saleable value greater than the amount required to pay their respective debts. The representations and warranties set out in this Section 14 shall survive the satisfaction and performance and the termination and cancellation of this Note.

assistant: Representations
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 shall report directly to the Company’s Chief Executive Officer or his designee (the “ MDC Executive” ), at such times and in such detail as the MDC Executive shall reasonably require. The Executive shall perform such duties consistent with his position or as may be directed by the Chief Executive Officer of the Company.

assistant: Duties
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: Directly or indirectly enter into or permit to exist any material transaction with any Affiliate of Borrower, except for transactions that are in the ordinary course of Borrower’s business, upon fair and reasonable terms that are no less favorable to Borrower than would be obtained in an arm’s length transaction with a non-affiliated Person.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 407 U.S. 223 92 S.Ct. 2880 32 L.Ed.2d 704 PENNSYLVANIAv.NEW YORK et al. No. 40, Orig. Supreme Court of the United States June 19, 1972 1 Opinion reported, 407 U.S. 206, 92 S.Ct. 2075, 32 L.Ed.2d 693. DECREE 2 It is now Ordered, Adjudged, and Decreed as follows: 3 1. Each item of property in question in this case as to which a last known address of the person entitled thereto is shown on the books and records of the defendant, Western Union Telegraph Co., is subject to escheat or custodial taking only by the State of that last known address, as shown on the books and records of defendant, Western Union Telegraph Co., to the extent of that State's power under its own laws, to escheat or take custodially. 4 2. Each item of property in question in this case as to which there is no address of the person entitled thereto shown on the books and records of defendant Western Union Telegraph Co. is subject to escheat or custodial taking only by New York, the State in which Western Union Telegraph Co. was incorporated, to the extent of New York's power under its own laws to escheat or take custodially, subject to the right of any other State to recover such property from New York upon proof that the last known address of the creditor was within that other State's borders. 5 3. Each item of property in question in this case as to which the last known address of the person entitled thereto as shown on the books and records of defendant Western Union Telegraph Co. is in a State the laws of which do not provide for the escheat of such property, is subject to escheat or custodial taking only by New York, the State in which Western Union Telegraph Co. was incorporated, to the extent of New York's power under its own laws to escheat or to take custodially, subject to the right of the State of the last known address to recover the property from New York if and when the law of the State of the last known address makes provisions for escheat or custodial taking of such property.

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: were controlling the cocaine market and that this shared nationality was relevant to the defendants’ guilt or innocence. Id. at 24. Racially inflammatory appeals by the government are unacceptable and mock any notion of racial fairness, which is “an indispensable ingredient of due process.” Id. at 24-25. The prosecutor who makes such appeals ignores the primary purpose and chief business of his client: to establish justice. Every prosecutor who makes a racial reference or comment, however, is not necessarily distorting the search for truth. Id. at 25. “An unembellished reference to evidence of race simply as a factor bolstering an eyewitness identification of a culprit, for example, poses no threat to purity of the trial. The line of demarcation is crossed, howeve , 542 (1st Cir.1991) (<HOLDING>). When these factors (frequency and illegal Options: A. holding that a card identifying the defendant as a native colombian has an inherently prejudicial nature B. holding that the appropriate sanction was to require the defendant to disclose the nature of the agreement with the witness C. holding that the state as well as the defendant has a right to rely on compliance with rule 16 D. holding that failure to identify the defendant in the information is an omission of an essential element because the primary purpose of the charging document is to inform the defendant of the nature of the accusations brought against him E. holding that if an officer possesses an objectively reasonable suspicion that a traffic offense has been committed the officer may request identifying information from the driver

assistant: The best answer is A. holding that a card identifying the defendant as a native colombian has an inherently prejudicial nature
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 Guaranty and the Guarantor’s obligations hereunder will terminate automatically and immediately on the earlier to occur of (i) the date of the Initial Release with respect to the Initial Facilities and (ii) the date that is four years after the date of this Guaranty.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If a Change in Control occurs, the Participant will be immediately 100 percent vested in his Account and the earnings credited with respect thereto as of the date of such Change in Control. Any Supplemental or Discretionary Contributions credited to the Participant’s Account and any earnings credited with respect thereto after the date of a Change in Control will continue to vest in accordance with the vesting schedule set forth in subsection (a) hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Originator will duly pay and discharge, and will cause each of its Subsidiaries to pay and discharge, all material taxes, rates, assessments, fees and governmental charges upon or against the Originator or such Subsidiary or against their respective property, in each case before the same becomes delinquent and before penalties accrue thereon, unless and to the extent that (i) the same is being contested in good faith and by appropriate proceedings and adequate reserves under GAAP are provided therefor or (ii) the same would not reasonably be expected to give rise to an Adverse Claim that would not be permitted under Section 5.02 .

assistant: Taxes
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 may not copy , decompile , reverse engineer , disassemble , attempt to derive the source code of , modify , or create derivative works of the truecaller software applications , any updates , or any part thereof ( except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent expressly permitted by these terms or may be permitted by the licensing terms governing use of any open source components included in the truecaller software applications ) .

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: in which the statements were made to officers in a police station. Like in Davis, Randy too is frantic. Although several minutes into the call, Randy learns Brenda is at the police station, he is still afraid she will come into the trailer at any moment. Randy’s belief Brenda might still enter to trailer to hurt him despite the 911 operator’s reassurance she is not on the property underscores that Randy is not calm and rational and is still operating as though the attack is still in progress. Further, Randy’s statements after the operator assured him Brenda was at the police station and would not be coming back are the same statements he made earlier in the call before he was told Brenda was not outside the trailer. See State v. Wyatt, 317 S.C. 370, 373, 453 S.E.2d 890, 891 (1995) (<HOLDING>). Additionally, the trial court did not abuse Options: A. recognizing that no prejudice results where the evidence erroneously admitted was merely cumulative and an appellate court will not reverse for harmless error in the admission of evidence B. holding that new evidence is evidence not previously of record and not merely cumulative of other evidence C. holding that admission of hearsay constituted harmless error when there was more than sufficient other evidence in the record to support the verdict D. holding that new evidence must be evidence that is not merely cumulative E. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record

assistant: The best answer is E. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record
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: reconsideration motion sought to raise an argument waived at the trial stage, it must necessarily fail.”); Pittston Co. Ultramar Am. Ltd. v. Allianz Ins. Co., 124 F.3d 508, n. 12 (3d Cir.1997) (declining to consider on appeal issue raised for the first time in a post-judgment motion); CMM Cable Rep, Inc. v. Ocean Coast Props., Inc., 97 F.3d 1504, 1526 (1st Cir.1996) (stating "there is absolutely no merit” to the argument “that we should find [a party’s] arguments preserved because they were advanced in its motion for reconsideration”); Manor Healthcare Corp. v. Guzzo, 894 F.2d 919, 922 n. 4 (7th Cir.1990) (stating "[r]aising an issue in a motion for reconsideration does not save the issue for appeal”) (citations omitted); Am. Meat Inst. v. Pridgeon, 724 F.2d 45, 47 (6th Cir.1984) (<HOLDING>); but see Instone Travel Tech Marine & Offshore Options: A. holding that standing is a jurisdictional issue that can be raised for the first time on appeal B. holding that court will not consider issue raised for first time on appeal C. holding that an issue not raised in the trial court cannot be raised for the first time on appeal D. holding that an issue raised for the first time on appeal will not be considered by this court E. holding issue raised for first time in motion for reconsideration constituted waiver

assistant: The best answer is E. holding issue raised for first time in motion for reconsideration constituted waiver
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for access services they admitted to ordering and receiving. Plaintiffs now argue that the court erred in finding that “none of defendants subscribed to plaintiffs’ switched access services by submitting an Access Order as prescribed in the tariffs” and in failing to consider issues of material fact that may establish that TNCI, Global Crossing, and Sprint are liable under the constructive ordering doctrine. The court will consider plaintiffs’ second contention first. STANDARD The Federal Rules of Civil Procedure do not mention motions to reconsider. The Eighth Circuit has instructed courts to consider such motions either under Rule 59(e) or Rule 60(b). Sanders v. Clemco Indus., 862 F.2d 161, 168 (8th Cir.1988); see also Schoffstall v. Henderson, 223 F.3d 818, 827 (8th Cir.2000) (<HOLDING>); Broadway v. Norris, 193 F.3d 987, 989 (8th Options: A. holding that an argument raised for the first time in a rule 59e motion is waived on appeal B. recognizing that rule 59e permits a district court to reconsider and amend a previous order C. holding that a motion to reconsider a section 2255 ruling is available and that it is to be treated asa rule 59e motion if filed within 10 days of entry of the challenged order D. holding that the district court cannot extend the time for filing a rule 59e motion by margin order E. holding that rule 59e applies to a motion to reconsider

assistant: The best answer is E. holding that rule 59e applies to a motion to reconsider
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 that either party breaches any of its obligations under this Agreement, the other party may, at its option, seek monetary damages, a court order requiring compliance with this Agreement, or other legal and equitable remedies as appropriate. A court, jury, and/or agency of competent jurisdiction shall determine the nature, extent and value of any damages caused by a breach of this Agreement, including whether a breach of this Agreement requires the return of some or all of the benefits provided under Paragraph 4 above and/or the discontinuance of the Company’s remaining obligations under this Agreement. In addition to any other rights either party may have at law or in equity, it shall have the right to seek enforcement of this Agreement in an action at law or in equity and, in such an action to enforce this Agreement, it shall have the right to seek reasonable legal fees, costs and expenses, to the extent permitted by law and to the extent that such recovery does not result in the invalidation of this Agreement.

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: The Employee shall have such duties and responsibilities of the Employee’s Position and such other duties and responsibilities reasonably consistent with the Employee’s Position as Advance may request from time to time and shall perform such duties and carry out such responsibilities to the best of the Employee’s ability for the purpose of advancing the business of Advance and its Related Entities, if any. The Employee shall observe and conform to the applicable policies and directives promulgated from time to time by Advance, and its Board of Directors or by any superior officer(s) of Advance. Subject to the provisions of Subsection 2(b) below, the Employee shall devote the Employee’s full time, skill and attention during normal business hours to the business and affairs of Advance and its Related Entities, except for holidays and vacations consistent with applicable Company policy and except for illness or incapacity. The services to be performed by the Employee hereunder may be changed from time to time at the discretion of Advance. Advance shall retain full direction and control of the means and methods by which the Employee performs the Employee’s services and of the place or places at which such services are to be rendered.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All demands, notices and communications hereunder shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by registered mail, return receipt requested, to, in the case of (i) the Issuer, at c/o Wilmington Trust, National Association, Rodney Square North, 1100 North Market Street, Wilmington, DE 19890, Attention: Corporate Trust Administration, with a copy to BMW Financial Services NA, LLC, as Administrator, at 300 Chestnut Ridge Road, Woodcliff Lake, NJ 07677, Attention: General Counsel; (ii) the Indenture Trustee and the Secured Party, at 190 South LaSalle Street, 7th Floor, Chicago, Illinois 60603, Attention: Global Structured Finance/BMW Vehicle Lease Trust 2018-1; and (iii) the Securities Intermediary, at 190 South LaSalle Street, 7th Floor, Chicago, Illinois 60603, Attention: Global Structured Finance/BMW Vehicle Lease Trust 2018-1; or as to any of such parties, at such other address as shall be designated by such party in a written notice to the other parties.

assistant: Notices