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: does not constitute a disqualifying interest. See Kamen v. Kemper Fin. Servs., 939 F.2d 458, 460 (7th Cir.1991). However, director compensation might be relevant if the investment adviser has the power to set, or even influence, the level of compensation received by the directors or remove them from office. See Verkouteren v. Blackrock Fin. Management, Inc., 37 F.Supp.2d 256, 259 (S.D.N.Y.1999), aff'd 208 F.3d 204 (2d Cir.2000) (table). Second, allegations that non-employee directors failed to resist a course of action suggested by the investment adviser which prejudiced the funds’ shareholders might serve as evidence to rebut the statutory presumption. Id. However, an allegation is insufficient if it “more plausibly suggests a dereliction of du 500491, at *21 (E.D.N.Y. Aug. 8, 1995) (<HOLDING>) One court took a more jaundiced view of Options: A. holding that in litigation arising from a product related injury in the forum state there are significant differences between the exercise of jurisdiction over a retailer who simply sold the product locally and the exercise of jurisdiction over a manufacturer whose products were sold over a large area B. holding over C. holding that the plaintiff had constitutional standing because he received over fifty calls over three months from an automated caller D. holding that the trial court never acquired jurisdiction over the will contest due to sisters failure to tender a proper summons to interested parties E. holding that directors who sat on over fifteen boards and received over 50000 in compensation were not interested

assistant: The best answer is E. holding that directors who sat on over fifteen boards and received over 50000 in compensation were not interested
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: not the officers, to respond to the concerns the officers expressed in their press conference. The February 3 meeting had nothing to do with the officers’ allegation that the City violated its hiring practice, but instead concerned the internal operation of the Beaumont Police Department. The reprimands were issued not because of anything that was reported, but be ination on either the text of the state constitutions or the relationship between those constitutions and other bodies of state laws. See, e.g., HFH, Ltd. v. Superior Court, 15 Cal.3d 508, 125 Cal.Rptr. 365, 542 P.2d 237 (1975) (noting that the remedy for improper legislative acts is undoing the wrongful act and not in money damages), cert. denied, 425 U.S. 904, 96 S.Ct. 1495, 47 L.Ed.2d 754 (1976); Widgeon, 479 A.2d at 921 (<HOLDING>); Anderson v. Dep’t of Revenue, 313 Or. 1, 828 Options: A. holding that a direct action could not be maintained because the declaration does not allege the violation of any right personal to plaintiff but only violation of rights common to all the stockholders B. holding that in a bankruptcy proceeding state law governs the rights of the parties with regard to interests in property C. holding that where an individual is deprived of liberty or property interests in violation of article of the state declaration of rights he may enforce those rights by a common law action for damages D. holding that it is well settled that while one tenant in common may acquire homestead rights in the common property the rights so acquired are not superior to the rights and remedies of the other joint owners he can acquire no such rights as will prejudice or in anywise interfere with the rights of the other tenants in common E. holding that private rights of action to enforce federal law must be created by congress courts may not create a cause of action absent statutory intent

assistant: The best answer is C. holding that where an individual is deprived of liberty or property interests in violation of article of the state declaration of rights he may enforce those rights by a common law action for damages
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 amounts withheld pursuant to the Code or any federal, state, local or foreign tax law with respect to any payment, distribution or allocation to the Company in respect of a Member shall be treated for all other purposes of this Agreement as amounts distributed to such Member. In addition, the Managing Member is authorized to withhold from Distributions to Members, and to pay over to the appropriate federal, state, local or foreign government any amounts so required to be withheld, and any such withheld amounts shall be treated as amounts loaned to such Member. The withholdings by the Company referred to in this Section 6.4 shall be made at the maximum statutory rate under applicable laws unless the Company has received an opinion of counsel, or other evidence satisfactory to the Managing Member, that a lower rate is applicable, or that no withholding is required or otherwise necessary. The provisions of this Section 6.4 shall survive the termination, dissolution and winding up of the Company. All Members shall provide the Managing Member with a properly completed and signed W-9 upon becoming a Member and at such times as requested by the Managing Member.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: scientist testified that the same pill bottle contained 5.78 grams of a substance that contained methamphetamine. Having already properly found that the methamphetamine was possessed with the intent to distribute it, it would be reasonable for the jury to infer that Mr. Eastom used the bag when conducting drug transactions. The accessibility of the firearms and their proximity to the drugs during these transactions allowed a reasonable jury to find that Mr. Eastom possessed the firearms in furtherance of his drug crime. See Robinson, 435 F.3d at 1251 (explaining the accessibility of the firearm and the proximity of the firearm to the drugs as factors that may facilitate proof that the defendant possessed a firearm in furtherance of a drug trafficking crime); Lott, 310 F.3d at 1248 (<HOLDING>). Therefore, sufficient evidence was presented Options: A. holding that possession of a weapon is not in an of itself a crime B. holding that acquisition of a firearm in exchange for drugs is a sufficient nexus to establish possession in furtherance of the drug sale C. holding the evidence sufficient to support a finding that the juvenile a front seat passenger of a vehicle occupied by four persons was in possession of marijuana recovered from a crumpled piece of newspaper behind the drivers seat D. holding that a drivers knowledge that there are concealable weapons in the car available for the drivers use is evidence of possession E. holding that the placement of a loaded weapon on the drivers seat of a car carrying drug instrumentalities was sufficient evidence of possession in furtherance of a crime

assistant: The best answer is E. holding that the placement of a loaded weapon on the drivers seat of a car carrying drug instrumentalities was sufficient evidence of possession in furtherance of a crime
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 shall (a) by 9:30 a.m. (New York City time) on the fourth Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to the Purchaser by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and the Purchaser or any of its Affiliates on the other hand, shall terminate. The Company and the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor the Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of the Purchaser, or without the prior consent of the purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Purchaser, or include the name of the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except: (a) as required by federal securities law in connection with (i) any registration statement for the resale of the Shares and (ii) the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchaser with prior notice of such disclosure permitted under this Section 4.4.

assistant: Publicity
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: You agree by your signature below that you had, and that the Company gave you, at least twenty-one (21) days to review and consider this Agreement before signing it, and that such period was sufficient for you to fully and completely consider all of its terms. The Company hereby advises you to discuss this Agreement with your own attorney (at your own expense) during this period if you wish to do so. You may accept this Agreement by delivering a copy of the Agreement signed by you to me within twenty-one (21) days from the day you receive the Agreement. You may revoke your acceptance of the Agreement for a period of seven (7) days after signing the Agreement by delivering written notification to me within that seven-day period. If you do not revoke your acceptance of the Agreement, it will be effective on the eighth (8th) day after you sign it. If you revoke your acceptance of this Agreement, you will not be entitled to the benefits listed in Section 3, above. You agree that you have carefully read this Agreement, fully understand what it means, and are entering into it voluntarily.

assistant: Effective Dates
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: 28 Laver/s second degree robbery conviction (without a jury finding of aggravating factors) subjected him to a maximum penalty of 84 months under the SRA. Lavery, 154 Wn.2d at 254. 29 One month after our Supreme Court published Lavery, this court issued State v. Ball, 127 Wn. App. 956, 113 P.3d 520 (2005), review denied, 156 Wn.2d 1018 (2006). Ball focused on the necessity of separately proving Washington State convictions of which the trial court had authority to take judicial notice. It did not expressly address the Lavery court’s analysis holding that under Apprendi, a sentence of life without possibility of parole exceeds the statutory maximum that may be imposed on a jury’s guilty verdict. Lavery, 154 Wn.2d at 256. But cf. State v. Magers, 164 Wn.2d 174, 193, 189 P.3d 126 (2008) (<HOLDING>). 30 This element does not require proving the Options: A. holding that blakely does not apply to the federal sentencing guidelines B. holding that appellant properly preserved booker claim by citing blakely in his written objections to the psi and reminding the court at sentencing of his blakely objection C. holding that the court of appeals has held that blakely does not apply to sentencing under the poaa blakely being specifically directed at exceptional sentences ball 127 wn app at 957 95960 we agree with this conclusion and determine that blakely has no application to the instant case D. holding that blakely did not apply to a case that was final but not on direct review when blakely was decided and in which the trial court later allowed a belated appeal E. holding blakely not retroactive

assistant: The best answer is C. holding that the court of appeals has held that blakely does not apply to sentencing under the poaa blakely being specifically directed at exceptional sentences ball 127 wn app at 957 95960 we agree with this conclusion and determine that blakely has no application to the instant 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 case excerpt and choose the best holding from the options. Case excerpt: in a contract de novo, while “subsidiary findings of fact” are reviewed for clear error. Dillard v. City of Greensboro, 213 F.3d 1347, 1353 (11th Cir.2000); see also Port-A-Weld, Inc. v. Padula & Wadsworth Constr., Inc., 984 So.2d 564, 568 (Fla. 4th DCA 2008). PNC argues that BB & T is not entitled to recover fees for its no-damages and waiver defenses, because those defenses did not “enforce the terms of the Agreement” as the contract requires. We reject this argument. First, as the parties stipulated, damages are an element of a breach of contract claim under Florida law. Friedman v. New York Life Ins. Co., 985 So.2d 56, 58 (Fla. 4th DCA 2008). Because PNC suffered no damages, there was no breach. See Covelli Family, L.P. v. ABG5, L.L.C., 977 So.2d 749, 752 (Fla. 4th DCA 2008) (<HOLDING>). Thus, BB & T’s no-damages defense clearly Options: A. holding that a cause of action for breach of contract accrues at the time of the breach B. holding party in breach could not maintain suit for breach of contract C. recognizing that breach of contract cause of action accrues at time of the breach D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding immaterial breach did not constitute breach of contract

assistant: The best answer is E. holding immaterial breach did not constitute breach of contract
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 explain that, despite the novelty, importance, and sensitive nature of the issue, Vidrine is not entitled to mandamus at this time, primarily because he did not apply for such y of mandamus is a drastic one, to be invoked only in extraordinary situations. The writ has traditionally been used in the federal courts only to compel it to exercise its authority when it is its duty to do so. Only exceptional circumstances amounting to a judicial usurpation of power will justify the invocation of this extraordinary remedy. Mandamus traditionally is not to be used as a substitute for an appeal, or to control the decision of the trial court in discretionary matters.” In re Amy Unknown, 701 F.3d 749, 757 (5th Cir.2012) (internal citations, quotation marks, and alterations omi th Cir.1990) (<HOLDING>). Nevertheless, mandamus is not appropriate in Options: A. holding that the plaintiffs argument rebutting the defendants legitimate nondiscriminatory reason on the plaintiffs discrimination claim also rebutted the defendants reason on the plaintiffs retaliation claim because they were the same B. holding that a class action is not mooted by the intervening resolution of the controversy as to the named plaintiffs C. holding that neither the plaintiffs charge of discrimination nor employers failuretomitigate defense put the plaintiffs mental or physical condition in controversy under rule 35 D. holding that the plaintiffs were not prevailing parties entitled to attorneys fees for successfully securing a remand of the attorneys fees issue because the ruling was unrelated to the merits of the plaintiffs claim and the issue was not significant nor a benefit the plaintiffs sought in bringing their action E. holding that plaintiffs allegations that police officers moved into plaintiffs unoccupied house without their consent broke the new locks that the plaintiffs put on their house filed unsupported charges against the plaintiffs perjured themselves in testifying against the plaintiffs and threatened physical violence against them did not sufficiently shock the conscience so as to violate substantive due process

assistant: The best answer is C. holding that neither the plaintiffs charge of discrimination nor employers failuretomitigate defense put the plaintiffs mental or physical condition in controversy under rule 35
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts and by the parties hereto on separate counterparts but all such counterparts shall together constitute one and the same instrument. Facsimile execution and delivery of this Amendment is legal valid and binding execution and delivery for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Restricted Stock Units shall entitle the Participant to receive, at a specified future date or event, payment of a specified number, or a percentage or multiple of a specified number, of shares of Stock at the end of a specified period, or the cash value thereof. At the time of the grant, the Committee will determine the factors which will govern the number of the Restricted Stock Units so payable, including in the case of a Performance Restricted Stock Unit Award, the Performance Goals determined at the discretion of the Committee that must be satisfied as a condition to payment. The Committee may provide for an alternative specified number, percentage or multiple under specified conditions.

assistant: Terms
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: Circuit has found that: “An indictment is sufficient if it contains the elements of the offense charged, fairly informs the defendant what charge he must be prepared to meet, and enables the accused to plead acquittal or conviction in bar of future prosecutions for the same offense.” United States v. Cauble, 706 F.2d 1322, 1333 (5th Cir.1983). Generally, the sufficiency of an indictment is determined from its face. See United States v. Risk, 843 F.2d 1059, 1061 (7th Cir.1988) (citing United States v. Sampson, 371 U.S. 75, 78-79, 83 S.Ct. 173, 9 L.Ed.2d 136 (1962)). A court, however, may consider whether the allegations contained in the indictment are sufficient to state a claim under the relevant criminal statute. Id. See also United States v. Brown, 925 F.2d 1301, 1305 (10th Cir.1991) (<HOLDING>). In the present case, Defendant is charged Options: A. holding that the district court was entitled to deference in its application of 4b12 of the sentencing guidelines in a case where the underlying facts were undisputed B. holding that the district court properly dismissed an indictment where the parties argued the applicability of a statute based on a set of undisputed facts C. holding that it is permissible and may be desirable where the facts are essentially undisputed for the district court to examine the factual predicate for an indictment to determine whether the elements of the criminal charge can be shown sufficiently for a submissible case D. holding that whether proximate cause exists is to be decided in a common sense fashion in the light of the attending facts and circumstances and unless the facts are undisputed and admit of but one inference the question is for the jury E. recognizing the issue may be decided as a question of law if the facts are undisputed and support only one inference

assistant: The best answer is C. holding that it is permissible and may be desirable where the facts are essentially undisputed for the district court to examine the factual predicate for an indictment to determine whether the elements of the criminal charge can be shown sufficiently for a submissible 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: Swingline Loans shall bear interest at a per annum rate equal to the Base Rate plus the Applicable Margin. Interest payable on Swingline Loans is solely for the account of the Swingline Lender. All accrued and unpaid interest on Swingline Loans shall be payable on the dates and in the manner provided in Section 2.5 with respect to interest on Base Rate Loans (except as the Swingline Lender and the Borrower may otherwise agree in writing in connection with any particular Swingline Loan).

assistant: Interests
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 constitutes the entire agreement and understanding between the Parties and supersedes and replaces all negotiations, and all proposed agreement, whether oral or written between the Parties. The Parties acknowledge that no party nor any of their representatives have made any promise, representation or warranty whatsoever, written or oral, and that the only representations, promises, and covenants made or given are set forth in this Agreement. Accordingly, this Agreement sets forth the entire agreement between the Parties with regard to the subject matter hereof. Further, except as expressly set forth in this Agreement, all agreements, covenants, representations and warranties, express and implied, oral and written, of the Parties with regard to the subject matter hereof, are contained herein.

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 Employer shall have the right to deduct from all amounts paid to a Participant in cash (whether under this Plan or otherwise) any amount of taxes required by law to be withheld in respect of Awards under this Plan as may be necessary in the opinion of the Employer to satisfy tax withholding required under the laws of any country, state, province, city or other jurisdiction, including but not limited to income taxes, capital gains taxes, transfer taxes, and social security contributions that are required by law to be withheld. In the case of payments of Awards in the form of Shares, at the Committee’s discretion, the Participant shall be required to either pay to the Employer the amount of any taxes required to be withheld with respect to such Shares or, in lieu thereof, the Employer shall have the right to retain and repurchase from the Participant (or the Participant may be offered the opportunity to elect to tender for repurchase by the Company) the number of Shares whose Fair Market Value equals such amount required to be withheld and withhold the proceeds of such sale; and provided , further, that with respect to any Specified Award, in no event shall Shares or other amounts receivable under a Specified Award be repurchased pursuant to this Section 15(a) (other than upon or immediately prior to settlement in accordance with the Plan and the applicable Award Agreement) other than to pay taxes imposed under the U.S. Federal Insurance Contributions Act (FICA) and any associated U.S. federal withholding tax imposed under Section 3401 of the Code and in no event shall the value of such Shares or other amounts receivable under a Specified Award (other than upon or immediately prior to settlement) exceed the amount of the tax imposed under FICA and any associated U.S. federal withholding tax imposed under Section 3401 of the Code. The Participant shall be responsible for all withholding taxes and other tax consequences of any Award granted under this Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless this Agreement is terminated under Section 8 , the representations, warranties, agreements and covenants hereunder shall survive the Closing and the delivery, conversion and/or exercise of the Securities, as applicable. Each Purchaser shall be responsible only for its own representations, warranties, agreements and covenants hereunder.

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: Holder acknowledges that its obligations under this Agreement are unique, recognizes and affirms that in the event of a breach of this Agreement by the Holder, money damages may be inadequate and Purchaser may have not adequate remedy at law, and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by the Holder in accordance with their specific terms or were otherwise breached. Accordingly, Purchaser shall be entitled to seek an injunction or restraining order to prevent breaches of this Agreement by the Holder and to seek to enforce specifically the terms and provisions hereof, without the requirement to post any bond or other security or to prove that money damages would be inadequate, this being in addition to any other right or remedy to which such party may be entitled under this Agreement, 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 legal provision and list the applicable contract clause categories. Provision: The Lenders agree to indemnify each Agent and the Revolving Facility Lenders agree to indemnify each Issuing Bank in its capacity as such (to the extent not reimbursed by Holdings or the Borrower and without limiting the obligation of Holdings or the Borrower to do so), in the amount of its pro rata share (based on its aggregate Revolving Facility Credit Exposure and, in the case of the indemnification of each Agent, outstanding Term Loans and unused Commitments hereunder; provided , that the aggregate principal amount of L/C Disbursements owing to any Issuing Bank shall be considered to be owed to the Revolving Facility Lenders ratably in accordance with their respective Revolving Facility Credit Exposure) (determined at the time such indemnity is sought), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever that may at any time (whether before or after the payment of the Loans) be imposed on, incurred by or asserted against such Agent or such Issuing Bank in any way relating to or arising out of the Commitments, this Agreement, any of the other Loan Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by such Agent or Issuing Bank under or in connection with any of the foregoing; provided , further , that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements that are found by a final and nonappealable decision of a court of competent jurisdiction to have resulted from such Agent’s or Issuing Bank’s gross negligence or willful misconduct. The failure of any Lender to reimburse any Agent or Issuing Bank, as the case may be, promptly upon demand for its ratable share of any amount required to be paid by the Lenders to such Agent or Issuing Bank, as the case may be, as provided herein shall not relieve any other Lender of its obligation hereunder to reimburse such Agent or such Issuing Bank, as the case may be, for its ratable share of such amount, but no Lender shall be responsible for the failure of any other Lender to reimburse such Agent or Issuing Bank, as the case may be, for such other Lender’s ratable share of such amount. The agreements in this Section 8.07 shall survive the payment of the Loans and all other amounts payable hereunder.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are a new ebay user , you can choose to reject this agreement to arbitrate ( `` opt-out '' ) by mailing us a written opt-out notice ( `` opt-out notice '' ) .

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: collectively with the representatives of [its] employees.” 29 U.S.C. § 158(a)(5). It was reasonable for the Board to conclude that Beverly Farm’s unilateral implementation of parts of its final offer, in the absence of a valid impasse, constituted a violation of the Act. The Board also found that Beverly Farm violated Sections 8(a)(5) and (1) when it twice refused to resume bargaining with the Union despite the Union’s request to resume bargaining and its submission of new proposals. In support, the Board stated that even if a genuine impasse existed on July 27, 1995, when the employees rejected Beverly Farm’s final offer, the Union’s August 4 letter obligated Beverly Farm to resume direct negotiation with the Union. See NLRB v. U.S. Cold Storage Corp., 203 F.2d 924 (5th Cir.1953) (<HOLDING>). The Board’s finding that Beverly Farm Options: A. holding that an employer who insists on negotiating by mail or that a union submit its proposals in writing has unlawfully refused to bargain B. holding that a county had no duty to bargain with a union of its employees C. holding that an employer could only distribute its proposal to union employees when the proposal was properly before the union D. recognizing that the involvement of supervisory union members in union affairs conflicts with the need to assure the complete devotion of union negotiating teams to employee interests E. holding that there was abundant evidence to support the charge against a union member for helping organize a nonaflcio local union of a different name where the union member admitted at the hearing that he contacted local contractors for the purpose of negotiating a collective bargaining agreement for new union and serving as the new unions business manager

assistant: The best answer is A. holding that an employer who insists on negotiating by mail or that a union submit its proposals in writing has unlawfully refused to bargain
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and abandonment. Unlike in the Penguin Books case, here there is an “overt act by Plaintiff evidencing an intent to surrender the copyright” both with regards to the Yale policy and EMI’s own reservation of rights. Penguin Books, 2000 WL 1028634, at *20. Furthermore, this is not a case where “an occasional infringement slips through a copyright holder’s surveillance” and the plaintiff “has expended substantial resources in enforcing its copyrights.” Paramount Pictures, 11 F.Supp.2d at 337. Finally, it is unclear from the documentation of royalty payments, the length of time in which royalties were paid, or if they were consistently paid. Naxos claims that it is ambiguous as to whether the Menuhin and Fischer agreements remain in force since royalties were only to be -16 (2d Cir.1952) (<HOLDING>); Mastro Plastics Corp. v. Emenee Indus., Inc., Options: A. recognizing the inappropriateness of a preliminary injunction where credibility determinations must be made but granting a preliminary injunction because the legal and factual issues have been sufficiently illuminated B. holding that where a noncompetition clause in a contract had expired by its own terms the plaintiffs appeal from the district courts denial of the plaintiffs request for a preliminary injunction enforcing the clause was moot C. holding that where a district courts preliminary injunction preventing the appellant from terminating its agreement with the defendant had expired the appellants appeal of the district courts decision to grant that injunction was moot D. holding that defendant is not entitled to a preliminary injunction where defendant photocopied and then sold plaintiffs book after its copyright expired E. holding that plaintiffs were not entitled to a preliminary injunction

assistant: The best answer is D. holding that defendant is not entitled to a preliminary injunction where defendant photocopied and then sold plaintiffs book after its copyright 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 case excerpt and choose the best holding from the options. Case excerpt: February 8, 2011 probation extension order failed to extend his probation period because the October 26, 2005 restitution order was improperly delegated to the probation officer, rather than determined by the circuit court as required by Code § 19.2-305.1(D), thus any subsequent order is invalid. In relevant part, Code § 19.2-305.1(D) states that “[a]t the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof.” The amount of restitution to be paid by the defendant is within the sole province of the circuit court to determine and that determination may not be delegated to another department of government. See Code § 19.2-305.2; see also McCullough v. Commonwealth, 38 Va.App. 811, 815, 568 S.E.2d 449, 451 (2002) (<HOLDING>). In this case, the circuit court’s October 26, Options: A. holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing B. holding part of the sentencing phase of trial the restitution amount is determined following conviction and is a matter resting within the sole province of the sentencing judge C. holding that the hearsay rule is not suspended in the sentencing phase D. holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount E. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses

assistant: The best answer is B. holding part of the sentencing phase of trial the restitution amount is determined following conviction and is a matter resting within the sole province of the sentencing judge
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the service allows users to access and use a variety of educational services , including learning or practicing a language , taking examinations in the duolingo english test , and creating and viewing flashcards on the tinycards app .

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: 115 (Tex.1998); Comm'n for Lawyer Discipline v. Benton, 980 S.W.2d 425, 441 (Tex.1998). HIGGINSON, Circuit Judge, specially concurring: I write separately to make two further observations. First, the plaintiffs contend that the Ordinance is preempted by Congress’s exclusive occupancy of the fields of removal, harboring, and registration. In my view, the Supreme Court’s unanimous decision authored by Justice Brennan in DeCanas v. Bica, 424 U.S. 351, 96 S.Ct. 933, 47 L.Ed.2d 43 (1976), forecloses this argument. The Ordinance regulates the ability of non-citizens to obtain rental housing, and Congress has not determined that the housing of non-citizens falls within its exclusive authority. See Chamber of Commerce of U.S. v. Whiting, — U.S. -, 131 S.Ct. 1968, 1985, 179 L.Ed.2d 1031 (2011) (<HOLDING>) (quoting Gade v. Nat’l Solid Wastes Mgmt. Options: A. holding that the preemption provision of the act does not apply to a fraud prosecution because there is no conflict with state insurance regulation B. holding that ijmplied preemption analysis does not justify a freewheeling judicial inquiry into whether a state statute is in tension with federal objectives C. holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists D. holding that judicial analysis of the preemption under 1144 cannot help a federal court determine whether it has subjectmatter jurisdiction E. holding that tension in supreme court cases can be resolved by reading complete preemption as a term of art a description of the specific situation in which a federal law not only preempts a state law to some degree but also substitutes a federal cause of action for the state cause of action thereby manifesting congresss intent to permit removal

assistant: The best answer is B. holding that ijmplied preemption analysis does not justify a freewheeling judicial inquiry into whether a state statute is in tension with federal objectives
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: slight showing of irreparable injury.”).) Among the four required showings, it is “particularly important for the [movant] to demonstrate a substantial likelihood of success on the merits.” Barton v. Dist. of Columbia, 131 F.Supp.2d 236, 242 (D.D.C.2001) (citing Benten v. Kessler, 505 U.S. 1084, 1085, 112 S.Ct. 2929, 120 L.Ed.2d 926 (1992)). If the movant fails to do so, “it would take a very strong showing with respect to the other preliminary injunction factors to turn the tide in plaintiffi’s] favor.” Davenport v. Int’l Bhd. of Teamsters, 166 F.3d 356, 366 (D.C.Cir. 1999). In addition, a plaintiff must show at least some likelihood of irreparable harm in the absence of an injunction. See Winter v. Nat. Res. Def. Council, Inc., — U.S.-, 129 S.Ct. 365, 375, 172 L.Ed.2d 249 (2008) (<HOLDING>); CityFed, 58 F.3d at 747 (holding that a Options: A. holding that inmates must demonstrate an actual injury B. holding that in order to establish standing a plaintiff must show 1 it has suffered an injury in fact 2 the injury is fairly traceable to the challenged action of the defendant and 3 it is likely as opposed to merely speculative that the injury will be redressed by a favorable decision C. holding that a movant for a preliminary injunction must first demonstrate that it is likely to suffer irreparable harm in the absence of the requested relief D. holding that a plaintiff must demonstrate that in the absence of an injunction irreparable injury is likely and not merely a possibility E. holding that the relevant inquiry when assessing irreparable injury is whether there is an adequate remedy in the absence of an injunction

assistant: The best answer is D. holding that a plaintiff must demonstrate that in the absence of an injunction irreparable injury is likely and not merely a possibility
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Obligors (i) has been duly organized or formed, as the case may be, is validly existing and is in good standing under the laws of its jurisdiction of organization, (ii) has all requisite power and authority to carry on its business and to own, lease and operate its properties and assets as now being conducted and (iii) is duly qualified or licensed to do business and is in good standing as a foreign corporation, partnership or other entity, as the case may be, authorized to do business in each jurisdiction in which the nature of such businesses or the ownership or leasing of such properties requires such qualification, except where the failure to be so qualified would not, individually or in the aggregate, have a material adverse effect on (A) the properties, business, operations, earnings, assets, liabilities or condition (financial or otherwise) of the Obligors, taken as a whole, (B) the ability of any Obligor to perform its obligations in all material respects under any Transaction Document, (C) the validity or enforceability of any of the other Transaction Documents, or (D) the consummation of any of the Transactions (each, a “ Material Adverse Effect ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: legal consequences were intended to flow from breaches of that agreement, must be resolved by reference to uniform federal law, whether such questions arise in the context of a suit for breach of contract or in a suit alleging liability in tort.” Id. at 210-11, 105 S.Ct. 1904. (citations and internal quotation marks omitted). Applying that rule, the Court in Allis-Chalmers held that § 301 of the LMRA preempted a state law action alleging bad faith in handling a claim under a disability insurance plan included in a collective bargaining agreement. It is well established in the Second Circuit that “for preemption purposes, the term ‘labor contract’ includes union constitutions.” Wall v. Construction & General Laborers’ Union, Local 230, 224 F.3d 168, 178 (2d Cir.2000) (citations omitted) (<HOLDING>); see also Panczykowski v. Laborers’ Options: A. holding union members state law claims for defamation against union preempted B. holding the state law claims were not preempted C. holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by 301 D. holding that the plaintiffs state law claims are preempted by federal law E. holding state law claims arising out of unions refusal to readmit union members preempted by 301

assistant: The best answer is E. holding state law claims arising out of unions refusal to readmit union members preempted by 301
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: closing argument. Clark makes no persuasive argument that flaws in the record warrant a reversal of his sentence. The trial court did not err by failing to grant Clark’s motion for a new sentencing heari 86, 95 (1992) (en banc) (reviewing a defendant’s wish to waive his general appeal with the understanding that he could not waive statutory review, following determination that he was competent and his decision to waive his general right of appeal was made knowingly and voluntarily); see also State v. Sagastegui, 135 Wash.2d 67, 954 P.2d 1311, 1320 (en banc), dismissal of post-conviction relief reversed by Vargas v. Lambert, 159 F.3d 1161 (9th Cir.), stay vacated, 525 U.S. 925, 119 S.Ct. 313, 142 L.Ed.2d 274 (1998). 4 . See State v. Berry, 74 Ohio St.3d 1504, 659 N.E.2d 796, 796 (1996) (<HOLDING>); Grosso v. State, 857 P.2d 802, 806 Options: A. holding that a capital defendant is mentally competent to abandon any and all challenges to his or her death sentence including appeals state postconviction collateral review and federal habeas corpus if he or she has the mental capacity to understand the choice between life and death and to make a knowing and intelligent decision not to pursue further remedies B. holding that this court has jurisdiction to hear interlocutory appeals in cases involving a sentence of life imprisonment or death C. holding that once the defendant has submitted to the control of the officer and the process of taking him or her to the police station has commenced his or her arrest is complete and he or she is in custody for the purposes of the escape statute D. holding that state courts determination that the petitioner was competent to waive his right to pursue further postconviction review of his claims was a factual one and therefore presumed correct under the federal habeas corpus statute E. holding that if a trial court has rejected death as a possible sentence double jeopardy bars the state from seeking the death penalty at resentencing even where rejection of the death sentence was based on a legal error

assistant: The best answer is A. holding that a capital defendant is mentally competent to abandon any and all challenges to his or her death sentence including appeals state postconviction collateral review and federal habeas corpus if he or she has the mental capacity to understand the choice between life and death and to make a knowing and intelligent decision not to pursue further remedies