flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Grantor hereby grants to the Collateral Agent a limited power of attorney to sign, upon the occurrence and during the continuance of an Event of Default at the direction of the Trustee or the requisite Holders in accordance with the Indenture, any document which may be required by the United States Patent and Trademark Office or similar registrar in order to effect an absolute assignment of all right, title and interest in each registered Intellectual Property Right and each application for such registration, and record the same. If an Event of Default shall occur and be continuing, the Collateral Agent may at the direction of the Trustee or the requisite Holders in accordance with the Indenture, by written notice to the relevant Grantor, take any or all of the following actions: (i) declare the entire right, title and interest of such Grantor in and to the Intellectual Property Rights, vested in the Collateral Agent for the benefit of the Secured Parties, in which event such rights, title and interest shall immediately vest, in the Collateral Agent for the benefit of the Secured Parties, and the Collateral Agent shall be entitled to exercise the power of attorney referred to in this Section 6(g) hereof to execute, cause to be acknowledged and notarized and record said absolute assignment with the applicable agency or registrar; (ii) take and use or sell the Intellectual Property Rights; (iii) take and use or sell the goodwill of such Grantor’s business symbolized by the Marks and the right to carry on the business and use the assets of such Grantor in connection with which the Marks or Domain Names have been used; and (iv) direct such Grantor to refrain, in which event such Grantor shall refrain, from using the Intellectual Property Rights in any manner whatsoever, directly or indirectly, and such Grantor shall execute such further documents that the Collateral Agent may reasonably request to further confirm this and to transfer ownership of the Intellectual Property Rights and registrations and any pending applications in the United States Copyright Office, United States Patent and Trademark Office, equivalent office in a state of the United States or a foreign jurisdiction or applicable Domain Name registrar to the Collateral Agent.

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 Parties agree that if any of the provisions of this Agreement are not performed by a Party in accordance with their specific terms, the other Party shall be entitled to specific performance of the terms hereof, in addition to any other remedy available at law or in equity.

assistant: Specific Performance
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: with conduct of the type alleged by Hopkins in this case, we have consistently affirmed summary judgment dismissing the claims. See, e.g., Dwyer v. Smith, 867 F.2d 184, 187-88 (4th Cir.1989) (affirming directed verdict in Title VII case despite evidence that female police officer was subjected to pornographic material placed in her station mailbox and to fellow officers’ sexually explicit conversations); Harris v. Clyburn, 1995 WL 56634, at *3 (4th Cir.1995) (unpublished) (per curiam) (affirming summary judgment for employer where “only specific factual allegation of sexual harassment [was] occasional tickling [by her male superior] in the hallway”); Cobbins v. School Bd. of Lynchburg, Va., No. 90-1754, slip op. at 7-10, 1991 WL 1828 (4th Cir. Jan. 14, 1991) (unpublished) (per curiam) (<HOLDING>). See also Baskerville, 50 F.3d at 430-31 Options: A. holding that conduct was sufficiently severe or pervasive where the female plaintiffs supervisor frequently tried to get plaintiff to date him using many direct as well as indirect propositions for sex including following her into the restroom repeated attempts to touch her breasts place his hands down her pants and pull off her pants and enlisting the assistance of others to hold her while he attempted to grope her B. holding that homosexual advances by male coworker were not sufficiently severe or pervasive to be actionable C. holding that where male teacher asked female teacher out for a drink asked her to perform tasks she perceived as secretarial and struck her in a fight purported harassment was not genderbased and was not sufficiently severe or pervasive D. holding single incident of sexual harassment was neither sufficiently pervasive nor severe to constitute a hostile work environment E. holding that conduct was not sufficiently severe or pervasive where a supervisor allegedly touched plaintiffs hand and thigh lifted her dress hem repeatedly asked her to lunch told her that she was beautiful stared at her and called her home on numerous occasions at night and asked about personal matters

assistant: The best answer is C. holding that where male teacher asked female teacher out for a drink asked her to perform tasks she perceived as secretarial and struck her in a fight purported harassment was not genderbased and was not sufficiently severe or pervasive
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a basis for a RICO violation, those allegations must meet a heightened sentation to whom and the general content of the misrepresentation. See Saporito, 843 F.2d at 675; Rolo v. City Investing Co. Liquidating Trust, 155 F.3d 644, 658-59 (3d Cir.1998); Klein v. General Nutrition Companies, Inc., 186 F.3d 338, 345 (3d Cir.1999); see also First Capital Asset Mgmt., Inc. v. Satinwood, Inc., 385 F.3d 159, 178 (2nd Cir.2004) (requiring RICO violation based on bankruptcy fraud to be pleaded with heightened particularity); see also Lum, supra, (requiring mail and wire fraud-based RICO claim to be subject to Rule 9(b) pleading standard). In addition to mail and wire fraud, the Amended Complaint also pleads the predicate acts of money Coast Ingredients, Inc., 2004 WL 941815 *19 (W.D.N.Y.) (<HOLDING>); and see Perlman v. Zell, 938 F.Supp. 1327, Options: A. holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim B. holding that claim of trading in counterfeit goods need only meet rule 8a2 notice pleading standard C. recognizing that the federal pleading standard is a less stringent standard than the delaware pleading standard D. holding where party fails to challenge specificity of pleading it waives right to claim that pleading fails to meet legal requirements E. holding that a constructive fraud count need not comply with rule 9s heightened pleading standard

assistant: The best answer is B. holding that claim of trading in counterfeit goods need only meet rule 8a2 notice pleading standard
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 (2) important legal questions which are (3) completely separate from the merits of the underlying action and are (4) effectively unreviewable on appeal from a final judgment. See Cohen, 337 U.S. at 546, 69 S.Ct. at 1225-26. The defendants contend that the district court’s order denying their Rule 12(b)(6) mo tion to dismiss based on the Act meets these four preconditions and, therefore, is immediately appealable. Defendants argue that this issue is immediately appealable because it is analogous to the issue of immunity. They contend that the Act operates as an immunity from suit in federal court on issues related to the “business of insurance.” In support thereof, appellants cite the following: Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985) (<HOLDING>); Puerto Rico Aqueduct and Sewer Authority v. Options: A. holding that order dismissing action for failure to include plaintiffs names but giving leave to amend complaint is immediately appealable under collateral order doctrine B. holding that the issue of whether the attorney general was entitled to qualified immunity is immediately appealable under the collateral order doctrine C. holding such denial to be an immediately appealable collateral final order D. holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable E. holding that a bankruptcy court order denying a trustees claim to immunity was final and appealable under the collateral order doctrine

assistant: The best answer is B. holding that the issue of whether the attorney general was entitled to qualified immunity is immediately appealable under the collateral order doctrine
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: above assertion, appellant further argues that non-binding state court precedent establishes that the use of life sentences without parole in juvenile cases has become unusual as defined by the Eighth Amendment and, thus, should be per se barred. Based on a review of these cases, we do not agree. First, each of the state court cases cited by appellant involves an as applied consideration of appellant’s sentencing claim. There is no per se rule in any state rejecting the use of life sentences for juveniles in every case; each of the cases cited by appellant involves a fact-specific inquiry into the disproportionate nature of the sentence imposed to the nature of the offense and/or the appellant’s age. See People v. Miller, 202 Ill.2d 328, 269 Ill.Dec. 503, 781 N.E.2d 300, 302-08 (2002) (<HOLDING>); Naovarath v. State, 105 Nev. 525, 779 P.2d Options: A. holding that life without parole sentences for nonhomicide offenses violates the eighth amendment B. holding that consecutive fixedterm sentences for juveniles who committed multiple nonhomicide offenses are not clearly unconstitutional under graham even when they amount to the practical equivalent of life without parole C. holding juveniles do not have constitutional right to a jury trial but striking down statute that allowed juveniles to receive adult sentence without a jury trial three justices dissented reasoning juveniles should be entitled to a juiy trial under all cases because changes to juvenile justice code treated juveniles like criminals D. holding that sentences imposing mandatory life imprisonment without the possibility of parole on individuals who committed their crimes when under the age of 18 violates the eighth amendment to the united states constitution E. holding that the imposition of a life sentence without parole for a fifteenyearold juveniles offense of acting as a lookout during the commission of multiple murders would violate illinoiss constitutional equivalent of the eighth amendment as applied to appellant but acknowledging the legality of the sentences use against juveniles guilty of committing more heinous crimes

assistant: The best answer is E. holding that the imposition of a life sentence without parole for a fifteenyearold juveniles offense of acting as a lookout during the commission of multiple murders would violate illinoiss constitutional equivalent of the eighth amendment as applied to appellant but acknowledging the legality of the sentences use against juveniles guilty of committing more heinous crimes
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: was entitled to a specific instruction addressing the jury’s resolution of the causes of Egan’s alleged injuries in addition to or distinct from the other instructions requiring Egan to prove her injuries and damages by a preponderance of the evidence standard. In a civil trial, the burden is on the parties to furnish the trial court with proper and appropriate instructions that address their respective theories of the case. However, when a proffered instruction is not a correct statement of the law or is not supported by the evidence in the case, the trial court is not required to correct or amend the instruction rather than refusing to grant it. Peele v. Bright, 119 Va. 182, 184, 89 S.E. 238, 239 (1916). But cf. Whaley v. Commonwealth, 214 Va. 353, 355-56, 200 S.E.2d 556, 558 (1973) (<HOLDING>). In the present case, Honsinger did not Options: A. recognizing that upon request the trial court may provide a limiting instruction to the jury B. holding good faith jury instruction is not necessary when the court has given an adequate specific intent instruction C. holding that a trial judge is obliged to give a correct jury instruction notwithstanding that request for instruction was technically erroneous if the evidence generates the subject matter of the jury instruction D. holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case E. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given

assistant: The best answer is D. holding that in a criminal trial the trial court must correct or amend an improper instruction if the proper instruction is necessary for the jury to understand the case
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: Prior to a Change in Control, the Company reserves the right to amend the Plan at any time, by action of the Board, without the consent of any Executive or any other person. All amendments shall be in writing. Prior to a Change in Control, the Company also reserves the right to add, modify or eliminate benefits provided under the Plan, without the consent of any Executive or any other person; provided , however , that any amendment within 24 months prior to a Change in Control, or a Discharge without Cause or Resignation for Good Reason that is adverse to any Executive shall not be applicable to such Executive. Following a Change in Control, until the later of the second anniversary of the Change in Control or the date on which benefits are no longer payable under the Plan, no amendment may be made to Section 4 , and no amendment may be made that adversely affects any Executive without such Executive’s consent; provided , however , that if the Plan is a nonqualified deferred compensation plan within the meaning of Code Section 409A, the Company, without any Executive’s consent, shall make such amendments to the Plan as shall be required to avoid additional income taxes and/or penalties imposed by Code Section 409A, including without limitation, the elimination or modification of benefits which the Company in its reasonable judgment determines cannot be provided as set forth in the Plan in compliance with Code Section 409A, provided that such elimination or modification shall be made in such manner so as to preserve the benefits provided by the Plan to the maximum extent possible. Following the second anniversary of the Change in Control, the Company may amend the Plan without the consent of an Executive who is not then receiving any benefits under the Plan attributable to a termination of employment that occurred after the Change in Control or any other person.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto. Without limiting the foregoing, effective as of the Effective Date, this Agreement shall supersede and replace the Prior Agreement in its entirety.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements in this Section 10.04 shall survive the resignation of the Administrative Agent, any L/C Issuer and any Swing Line Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any amendment to the Plan shall be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; provided, however, that, subject to the terms of the Plan, no amendment shall materially impact the rights of the Optionee with respect to the Option without the Optionee’s consent.

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 legal provision and list the applicable contract clause categories. Provision: The Committee shall not receive additional compensation with respect to services for the Plan. To the extent required by applicable law, but not otherwise, the Committee shall furnish bond or security for the performance of their duties hereunder. Any expenses properly incurred by the Committee incident to the administration, termination or protection of the Plan, including the cost of furnishing bond, shall be paid by the Company.

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: Except as otherwise set forth in the Merger Agreement, all Expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the party incurring such expense, whether or not the transactions contemplated hereby are consummated.

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 case excerpt and choose the best holding from the options. Case excerpt: Motion for Summary Judgment is GRANTED as to all remaining counts. 4) Defendants’ Motion to Strike Portions of Plaintiffs Counter-Statement of Material Facts is DENIED. 1 . A shakedown is a routine procedure on the RHU, wherein corrections officers search inmates' cells for contraband. (Barnes Dep. 18:16-19:1.) 2 . 42 U.S.C. § 1985 requires the action of "two or more persons.” 3 . To the extent that Plaintiff is arguing the Defendant Macon had a history of making racially inappropriate comments (see Doc. 32, Ex. SS, TT, UU), Barnes has not shown that any of those comments were made toward him or ever even heard or perceived by him. Even if Barnes did hear of these incidents second-hand, they would not be sufficient to create a hostile work environment. See Caver, 420 F.3d at 263 (<HOLDING>). 4 . The Third Circuit Court of Appeals has Options: A. holding that comments not directed at plaintiff including a supervisor who called another worker the nword were relevant to the evaluation of hostile work environment claim B. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive C. holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments D. recognizing a hostile work environment claim under section 1983 E. holding that plaintiff cannot meet hostile work environment threshold simply by pointing to comments directed at other individuals

assistant: The best answer is E. holding that plaintiff cannot meet hostile work environment threshold simply by pointing to comments directed at other individuals
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: single source — in this case, the defendants’ used car operation with the CarMax mark. Proof of “secondary meaning” is required for the protection of marks perceived by the public to be “personal names.” See 2 J. Thomas McCarthy, McCarthy on Trademarks & Unfair Competition § 13.2 (4th ed.1998). The District Court held that proof of secondary meaning was necessary because CarMax was a personal name since it was “constructed from the names of Philip Artz’s children.” We disagree. In In re Standard Elektrik Lorenz Aktiengesellschaft, 54 C.C.P.A. 1043, 371 F.2d 870, 873 (1967), the Court held that a composite mark consisting of two personal names is not necessarily a personal name as well. This rule was later elaborated in In re Hutchinson Technology, Inc., 852 F.2d 552, 554 (Fed.Cir.1988) (<HOLDING>). No evidence was offered during trial that the Options: A. holding that the issue presented by a composite mark consisting of personal names is what the purchasing publie would think when confronted with the mark as a whole B. holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark C. holding that mark had not acquired secondary meaning even with advertisements costing 4400000 over five years because it did not lead consumers to associate plaintiffs mark with its products D. holding that the essential wrong of trademark infringement the appropriation of the good will of anothers established mark may be effectively accomplished by advertising matter associating that others distinguishing mark with the product of defendant E. holding that 350 million dollars expended in advertising the mark three billion units bearing the mark having been sold and the units bearing the mark having been sold in all fifty states and throughout the work supported a finding that hot wheels was famous

assistant: The best answer is A. holding that the issue presented by a composite mark consisting of personal names is what the purchasing publie would think when confronted with the mark as a 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: This IP Security Agreement has been entered into in conjunction with the provisions of the Security Agreement. Borrower does hereby acknowledge and confirm that the grant of the security interest hereunder to, and the rights and remedies of, Lender with respect to the Collateral are more fully set forth in the Security Agreement, the terms and provisions of which are incorporated herein by reference as if fully set forth herein.

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 case excerpt and choose the best holding from the options. Case excerpt: under the substantial evidence standard, which we will find where an IJ’s finding “is supported by ‘reasonable, substantial, and probative’ evidence in the record when considered as a whole.” Secaida-Rosales v. INS, 331 F.3d 297, 307 (2d Cir.2003) (quoting Diallo v. INS, 232 F.3d 279, 287 (2d Cir.2000)); see also 8 U.S.C. § 1252(b)(4)(B); Jin Hui Gao v. United States Att’y Gen., 400 F.3d 963, 964 (2d Cir.2005) (per curiam). The IJ found that Ebid was not credible because he knowingly submitted a forged doctor’s letter regarding a critical incident at the heart of his asylum claim— that he was arrested in May 1999 and detained and tortured for five days — and did not admit that it was fraudulent until confronted with the result of the government 5 F.3d 151, 157-58 (2d Cir.2006) (<HOLDING>); cf. Lin v. Gonzales, 445 F.3d 127, 132 (2d Options: A. holding an ij must to address a petitioners explanation for inconsistencies to rely upon them as the basis for an adverse credibility finding B. holding that in the absence of an adverse credibility determination the court must accept petitioners testimony as true C. holding that after the real id act the ij must still provide specific examples of a petitioners demean or that would support this basis for an adverse credibility determination D. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination E. holding that absent a satisfactory explanation a report indicating that petitioners birth certificate was forged impeached her general credibility and observing that the ij could have rested the adverse credibility determination on this fact alone

assistant: The best answer is E. holding that absent a satisfactory explanation a report indicating that petitioners birth certificate was forged impeached her general credibility and observing that the ij could have rested the adverse credibility determination on this fact alone
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: on its face allows but one statutory exception to the otherwise comprehensive requirement that prisoners with at least three prior strikes prepay appellate fees. That exception applies only in situations where “the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Apart from this single statutory exception, § 1915(g)’s “in no event” language must be applied. Section 1915(g) represents Congress’ attempt to balance the needs of overloaded judges to hear cases of individuals who have not abused the judicial process in the past with prisoners who have abused the judicial process on at least three prior occasions through frivolous filings. There is no question that § 1915(g) is constitutional. See White v. Colorado, 157 F.3d 1226, 1232-35 (10th Cir.1998) (<HOLDING>). As we have stated previously, “The right of Options: A. holding right to be fundamental B. holding that sentencing criminals in part based on criminal history is rationally related to a legitimate government interest C. holding that the right to drive is not a fundamental right D. holding that the particular method is not rationally related to legitimate government interest if it is clearly arbitrary and unreasonable E. holding that if status is not a fundamental right and that 1915g is rationally related to the legitimate end of deterring frivolous lawsuits

assistant: The best answer is E. holding that if status is not a fundamental right and that 1915g is rationally related to the legitimate end of deterring frivolous lawsuits
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: criminal convictions and, thus, support the conclusion that the prosecution of the resisting arrest charge ended in plaintiffs favor. Under similar circumstances, other courts have found no bar to a malicious prosecution claim. See, e.g., Ahern v. City of Syracuse, 411 F.Supp.2d 132, 151 (N.D.N.Y.2006) (permitting malicious prosecution claim for resisting arrest charge to proceed despite finding of probable cause as to skateboarding and unlawful possession of marijuana charges); Kavazanjian v. Rice, No. 03-CV-1923 (FB), 2005 WL 1377946, at *4 (E.D.N.Y. June 6, 2005) (finding malicious prosecution claim for criminal mischief charge not barred by conviction for, inter alia, assault, resisting arrest, and aggravated unlicensed operation of a motor vehicle); Pichardo, 1998 WL 812049, at *4 (<HOLDING>); Sassower v. City of White Plains, No. Options: A. holding that conviction on misdemeanor assault charge did not bar malicious prosecution claim for misdemeanor resisting arrest charge B. holding that unlike malicious prosecution claim false arrest claim accrues on the date of the arrest C. holding that resisting arrest is lesser offense of assault on an officer D. holding the same for malicious prosecution E. holding that conviction for speeding did not preclude a malicious prosecution claim arising from acquittal on charges of resisting arrest and attempted escape

assistant: The best answer is A. holding that conviction on misdemeanor assault charge did not bar malicious prosecution claim for misdemeanor resisting arrest charge
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: liable for hostile environment sexual harassment. In addition, Faragher argues that the harassment was so pervasive that the City should be charged with constructive knowledge of Terry’s and Silverman’s conduct. The City argues that it cannot be held liable under agency principles for Terry’s and Silverman’s conduct because there is no evidence which supports a finding either that Terry and Silverman were acting within the scope of their authority in harassing Faragher, or that they were aided in accomplishing the harassment by the existence of their agency relationships with the City. The City further contends that the evidence is insufficient to support the trial court’s finding that the City had constructive notice of Terry’s and Silverman’s conduct. VI.Discus 1486 (3d Cir.1990)(<HOLDING>); and EEOC v. Hacienda Hotel, 881 F.2d 1504, Options: A. holding that the plaintiff must prove that management level employees had actual or constructive knowledge about the existence of a sexually hostile environment and failed to take prompt and adequate remedial action B. recognizing that the elements of title vii sexually hostile work environment claims apply to icra sexually hostile work environment claims C. holding plaintiff can prove foreseeability by showing the defendant had actual or constructive knowledge of the assailants violent nature D. holding school hable for sexual harassment by its employees only if the district knew or should have known and neghgently failed to take prompt effective remedial action E. holding that the proper inquiry is whether the individual defendant served in a supervisory position in which he exercised significant control over the plaintiffs hiring firing or conditions of employment and if not whether employer had actual or constructive knowledge of the existence of a hostile work environment and took no prompt and adequate remedial steps

assistant: The best answer is A. holding that the plaintiff must prove that management level employees had actual or constructive knowledge about the existence of a sexually hostile environment and failed to take prompt and adequate remedial action
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 Legislature’s intent. See Nat’l Liab. & Fire Ins. Co. v. Allen, 15 S.W.3d 525, 527 (Tex.2000). If possible, we must ascertain that intent from the language the Legislature used in the statute and not look to extraneous matters for an intent the statute does not state. Id. If the meaning of the statutory language is unambiguous, we adopt the interpretation supported by the plain meaning of the provision’s words. St. Luke’s Episcopal Hosp. v. Agbor, 952 S.W.2d 503, 505 (Tex.1997). We must not engage in forced or strained construction; rather, we must yield to the plain sense of the words the Legislature chose. See id. IV. Analysis A. Does this court have appellate jurisdiction? The State asserts that we lack appellate jurisdiction for the fol , 727 So.2d 404, 405 (Fla.Ct.App.1999) (<HOLDING>); People v. White, 165 Ill.App.3d 249, 116 Options: A. holding that a party who had demonstrated an injury sufficient to confer standing to appeal from an agency decision could raise any relevant question of law in respect of the order of the agency B. holding nonparty agency had standing to appeal order committing to agencys custody an individual found incompetent to stand trial for capital murder agency asserted trial court lacked authority to issue commitment order C. holding that an order by the trial court remanding the cause to the agency to impose a sanction other than the one imposed by the agency was not a final and appealable order because it did not terminate the litigation between the parties on the merits D. holding nonparty department of mental health had standing to appeal commitment order regarding person found not guilty by reason of insanity because department had direct interest that was affected by commitment order and because employees of the department conceivably could be held in contempt of court for failing to comply with the order E. holding provision in contempt order void because it punished relator for violating order that trial court lacked authority to enter

assistant: The best answer is B. holding nonparty agency had standing to appeal order committing to agencys custody an individual found incompetent to stand trial for capital murder agency asserted trial court lacked authority to issue commitment order
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. Apache (officer testified that standard procedures were followed and bulletins were sent to city of defendant’s last known address and to the National Crime Information Center); cf. State v. Murray (warrant should be promptly executed against a probation violator while location is known or could be known with due diligence and whose return is possible). Defendant argues that the only finding of record that bears on defendant’s fugitive status is in the state’s motion (requesting the issuance of a warrant for defendant’s arrest) and the order issued as a result of that motion, which expressly finds defendant to be a fugitive. The state concedes that the finding made in the order is not binding on defendant because the order was issued in ex parte proceedings. See State v. Apache (<HOLDING>). We agree with the state’s concession and Options: A. holding that the statutory requirement applies promptly after indictment not only after the attorney general has made a determination to seek the death penalty B. holding that issues not raised before the district court cannot be raised for the first time before this court C. holding that the judicial determination of fugitive status must be made only after the probationer has been found and brought before the court regardless of whether this occurs before or after the date on which probation was originally to have expired D. holding that a claim filed after the last date fixed for the filing of claims was not a covered claim and noting that the requirement in the statute that claims be presented before the filing deadline evidences an intent on the part of the legislature to provide a cutoff date after which the association is no longer obligated to accept claims E. holding that a court retains jurisdiction to determine fugitive status regardless of whether this occurs before or after the date on which probation was originally to have expired

assistant: The best answer is C. holding that the judicial determination of fugitive status must be made only after the probationer has been found and brought before the court regardless of whether this occurs before or after the date on which probation was originally to have expired
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 instrument is to be construed as a Commonwealth of Massachusetts contract and sets forth the entire agreement between the parties. This Agreement constitutes the entire agreement and final expression between parties for the matters covered herein. All prior writings or oral communications are merged herein and superseded hereby, whether or not the same purport to be an agreement of the parties. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. This Agreement may be canceled, modified or amended only by written instrument executed by both Seller and Purchaser. In any litigation or other dispute resolution regarding this Agreement or arising out of the transaction that is the subject of this Agreement, the prevailing party shall be paid all of its legal fees and related costs relating to such litigation or other dispute resolution.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If at any time after the date of this Agreement, any change in the outstanding shares of capital stock of the Company (or any other securities convertible therefor or exchangeable thereto) shall occur as a result of any reclassification, stock split (including a reverse stock split), combination, exchange or readjustment of shares, or any stock dividend or stock distribution, or any similar event, in each case, other than pursuant to the transactions contemplated by this Agreement, the number of shares issuable hereunder or as contemplated hereby and the price thereof, and any other similarly dependent items shall be equitably adjusted to provide the same economic effect as contemplated by this Agreement prior to such action. No certificates or scrip representing fractional shares of Common Stock shall be issued pursuant hereto or in the Exchange Offer. In lieu of any such fractional shares otherwise issuable to the Noteholders hereunder, the Noteholders shall be entitled to an amount in cash, without interest, rounded to the nearest cent, equal to the product of (i) the amount of the fractional share interest in a share of Common Stock to which such holder is entitled under Section 1 and Section 2 hereof (or would be entitled but for this Section 9.j. hereof) and (ii) an amount equal to the Average Common Stock Price determined on the date that is the third full trading day prior to the date of this Agreement.

assistant: Adjustments
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 shall be entitled to participate in, to the extent Executive is otherwise eligible under the terms thereof, the benefit plans and programs, and receive the benefits and perquisites, generally provided by the Company from time to time to senior executives of the Company, including without limitation family medical insurance (subject to applicable employee contributions). Executive shall be entitled to receive four weeks of vacation, in accordance with Company policy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Fee Letter (or any portion thereof) or the application of any such provision (or any portion thereof) to any Person or circumstance shall be held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other Persons or circumstances. Notwithstanding the foregoing, the parties intend that the remedies and limitations thereon contained in this Fee Letter be construed as an integral provision of this Fee Letter and that such remedies and limitations shall not be severable in any manner that increases liability or obligations hereunder of either party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever notice is required to be given under this Warrant, unless otherwise provided herein, such notice shall be given in accordance with the notice provisions contained in the Note. The Company shall provide the Holder with prompt written notice (i) immediately upon any adjustment of the Exercise Price, setting forth in reasonable detail, and certifying, the calculation of such adjustment and (ii) at least 20 days prior to the date on which the Company closes its books or takes a record (A) with respect to any dividend or distribution upon the shares of Common Stock, (B) with respect to any grants, issuances or sales of any stock or other securities directly or indirectly convertible into or exercisable or exchangeable for shares of Common Stock or other property, pro rata to the holders of shares of Common Stock or (C) for determining rights to vote with respect to any Fundamental Transaction, dissolution or liquidation, provided in each case that such information shall be made known to the public prior to or in conjunction with such notice being provided to the Holder.

assistant: Notices
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 and delivery by Mortgagor of the Loan Instruments and its compliance with the terms and conditions of the Loan Instruments have been duly and validly authorized by all necessary corporate, partnership, membership or other applicable action by Mortgagor and its constituent entities and the Loan Instruments are valid and enforceable obligations of Mortgagor in accordance with the terms thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights as described in the SEC Reports as necessary or required for use in connection with their respective businesses and which the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement that contemplate performance after the Closing and the obligations of the parties not fully performed at the Closing shall survive the Closing and shall not be deemed to be merged into or waived by the instruments of Closing.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may alter , suspend or discontinue any aspect of the service at any time , including the availability of any service feature , database or content .

assistant: Unilateral change, Unilateral termination