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: cannot order that requested relief. Numerous Maryland decisions illustrate the rule. They include Mercy Hosp., Inc. v. Jackson, 306 Md. 556, 561, 510 A.2d 562, 564-65 (1986) (dismissing appeal as moot because patient no longer required medical treatment that included a blood transfusion, to which she refused to consent; the Court concluded “[njothing that we say will bind the parties to any future course of action or will affect or remedy what has already taken place”); National Collegiate Athletic Ass’n v. Tucker, 300 Md. 156, 158-59, 476 A.2d 1160, 1161 (1984) (after lacrosse season, dismissing, as moot, appeal from injunction allowing allegedly ineligible lacrosse players to participate in intercollegiate games); Hagerstown Reprod. Health Servs. v. Fritz, 295 Md. 268, 454 A.2d 846 (<HOLDING>), cert. denied, 463 U.S. 1208, 103 S.Ct. 3538, Options: A. holding that filing of appeal to federal circuit divests this court of jurisdiction to consider motion to stay court order pending appeal B. holding that the fact that injunction at issue did not restrict the expression of those demonstrating in favor of abortion rights was justly attributable to the lack of any similar demonstrations by those in favor of abortion rights and noting that the state court imposed restrictions on petitioners incidental to their antiabortion message because they repeatedly violated the courts original order C. holding an appeal of injunction moot where the injunction expired three months before the appellate court heard arguments in the case D. holding appeal moot on this basis E. holding as moot appeal from circuit court injunction prohibiting abortion where abortion performed during appellate stay

assistant: The best answer is E. holding as moot appeal from circuit court injunction prohibiting abortion where abortion performed during appellate stay
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: commits the offense of official oppression if, acting under color of his office, he intentionally subjects another to arrest or detention that he knows is unlawful. Id. § 39.03(a)(1). 2 . There is conflicting evidence about when Welch learned of Teague's investigation of Wess Jones. Teague testified that he reported the matter to Welch shortly after he began his investigation. Welch testified that he first learned of the matter on December 19. 3 . Although Wess Jones testified that he changed the report with Burkett's tantamount approval and Teague’s help, and possibly at Slabotsky's direction, the jury was free to disbelieve Wess Jones's testimony, believe ap-pellees' testimony, and resolve any inconsistencies in the evidence. See McGalliard v. Kuhlmann, 722 S.W.2d 694, 697 (Tex.1986) (<HOLDING>). 4 . In light of our holdings regarding Options: A. holding that jurors may consider inconsistencies and deficiencies in testimony when assessing witness credibility B. holding that inconsistencies in the summary judgment evidence of a single witness create a fact issue C. holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others D. holding that trier of fact may believe one witness disbelieve others and resolve inconsistencies in the testimony of any witness E. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness

assistant: The best answer is D. holding that trier of fact may believe one witness disbelieve others and resolve inconsistencies in the testimony of any witness
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: Certified copies of all documents evidencing any necessary corporate or partnership action, consents and governmental approvals (if any) required for the execution, delivery and performance by the Loan Parties of the documents referred to in this Section 12 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: P.G. Hospital argues that there is an implied private cause of action under the Medicaid statute for health care providers against MCOs for nonpayment, citing Mallo v. Public Health Trust of Dade County, Florida, 88 F.Supp.2d 1376 (S.D.Fla.2000), Wilder, 496 U.S. at 498, 110 S.Ct. 2510, and Ohio Hospital Ass’n v. Ohio Dep’t of Human Serv., 62 Ohio St.3d 97, 579 N.E.2d 695 (1991), cert. denied, 503 U.S. 940, 112 S.Ct. 1483, 117 L.Ed.2d 625 (1992). However, in each of those cases, the question was whether the Medicaid statute created a federal right enforceable against a State or i tient did not have a private right of action under the Medicaid statute against an MCO to enforce Medicaid guidelines and waiver provisions); Stewart v. Bernstein, 769 F.2d 1088, 1093-94 (5th Cir.1985) (<HOLDING>); Brogdon v. Nat’l Healthcare Corp., 103 Options: A. recognizing private right of action B. holding that the medicaid statute did not create an enforceable cause of action against a private health care facility C. holding that nursing home patients did not have a property interest in receiving care at a particular facility D. holding that the medicaid statute as amended by the federal nursing home reform amendments did not create a private cause of action for nursing home residents against nursing homes E. holding that a medicaid recipient who was involuntarily removed from private nursing did not have a private right of action under the medicaid statute against a nursing home

assistant: The best answer is E. holding that a medicaid recipient who was involuntarily removed from private nursing did not have a private right of action under the medicaid statute against a nursing home
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: Chemical shall pay Executive an annual base salary of one dollar ($1.00) (the “ Base Salary ”), which shall be paid on the first regular pay date after September 1 each year; provided, however, that effective July 1, 2018, Executive’s Base Salary shall be increased to nine hundred and fifty thousand dollars ($950,000), prorated for any partial year, subject to required payroll deductions and tax withholdings, payable in weekly, bi-weekly or semi-monthly installments in accordance with Chemical’s normal payroll practices. Executive’s Base Salary shall be reviewed from time to time by the Board (and no less often than annually) beginning in 2019 and may be increased in the sole discretion of the Compensation Committee of the Board (the “ Compensation Committee ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: RSMo states that confirmation of a registered order precludes further contest of the order with respect to any matter that could have been raised at the time of registration and collateral estoppel could have been asserted at the time of registration under § 454.968(5).” Although the State characterizes this case as one of “first impression in ... Missouri,” it presents this court with a mere twenty-two lines of argument in the argument section of its brief. Noticeably absent from the point relied on and argument is any assertion of error challenging the court’s finding that the 2001 AAOEO is “null and void.” For reasons explained below, this unchallenged finding concerning the 2001 AAOEO compels affirmance of this judgment. See Landry v. Miller, 998 S.W.2d 837, 840 (Mo.App.1999) (<HOLDING>). The State appears to admit that the 1994 AOEO Options: A. holding in part that a change in the mothers income that occurred after the trial was new evidence and that when a party has new evidence related to his or her income he or she may be entitled to a modification of a childsupport obligation if he or she files a petition to modify however because the mother had filed a postjudgment motion rather than a petition to modify her childsupport obligation her request to modify child support was not properly before the trial court B. holding that evidence was sufficient to support trial courts best interest finding where mother allowed child to be in contact with individual who had physically abused her mother was not capable of caring for child on her own mother admitted at trial she had not found stable employment and child was doing well in her current placement C. holding that no substantial and continuing change in circumstances had occurred where there was no evidence of an adverse effect on the child even though the mother has moved six times since her marriage was dissolved D. holding a mother on appeal must successfully challenge a trial courts finding that there was no substantial and continuing change of circumstances of the children or mother before she can succeed on her claim that the trial court erred in overruling her motion to modify custody E. holding that a mother and her two children failed to establish a 1983 claim where there was no evidence that threats made to the mother were directly aimed at the relationship between parent and child

assistant: The best answer is D. holding a mother on appeal must successfully challenge a trial courts finding that there was no substantial and continuing change of circumstances of the children or mother before she can succeed on her claim that the trial court erred in overruling her motion to modify custody
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 Borrower and its Subsidiaries have filed or caused to be filed all federal, state and material other Tax returns and reports required to be filed, and have paid or caused to be paid all federal, state and material Taxes due and payable, except (i) those which are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with GAAP or (ii) to the extent that the failure to so file or pay would not reasonably be expected to result in a Material Adverse Effect. There is no proposed Tax assessment against either Borrower or any Subsidiary that would, individually or in the aggregate, have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company is a limited liability company duly organized, validly existing, and in good standing under the laws of the State of Delaware, with full power and authority to conduct its business as it is now being conducted and as proposed to be conducted, to own or use the properties and assets that it purports to own or use, and to perform all its obligations under the Material Contracts. Company is duly qualified to do business as a foreign entity and is in good standing under the laws of each state or other jurisdiction in which either the ownership or use of the properties owned or used by it, or the nature of the activities conducted by it, requires such qualification. Company has delivered to Purchaser a copy of Company’s certificate of formation and operating agreement, in effect as of the Effective Date and as of the Closing Date.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed simultaneously in one or more counterparts (including by facsimile or electronic .pdf submission), and by the different parties in separate counterparts, each of which when executed shall be deemed to be an original, but all of which shall constitute one and the same agreement.

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: The Borrower shall (a) comply with the requirements of all Laws and all orders, writs, injunctions and decrees of a Governmental Authority applicable to it or to its business or property except where the failure to comply or to perform, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect; and (b) perform its obligations under all of its Material Contracts, except where the failure to comply or to perform, either individually or in the aggregate, could not reasonably be expected to have a Material Adverse Effect. The Parent shall maintain in effect and enforce policies and procedures designed to ensure compliance in all material respects by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

assistant: Compliance With 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 case excerpt and choose the best holding from the options. Case excerpt: Court finds that there were material issues of disputed fact. ¶ 12. An action for tortious interference with a contract ordinarily lies when all of the following elements are present: 1) intentional and willful acts; 2) done to cause damages to the plaintiffs in their lawful business; 3) done with the purpose of causing damage and loss, without right or justifiable cause on the part of the defendant; and 4) actual loss occurs. Collins v. Collins, 625 So.2d 786, 790 (Miss.1993). See also Nichols v. Tri-State Brick & Tile Co., 608 So.2d 324, 327 (Miss. 1992). It must also be proven that the contract would have been performed but for the alleged interference. Par Indus., Inc. v. Target Container Co., 708 So.2d 44 (¶ 8) (Miss.1998). See Levens v. Campbell, 733 So.2d 753 (¶ 25) (Miss.1999)(<HOLDING>)). ¶ 13. Wertz was employed by In-galls as an Options: A. recognizing that wrongful or malicious interference with atwill employment contract may give rise to a tortious interference claim the fact that the employment is at the will of the employer and the employee does not make it one at the will of third parties B. holding that a director of a corporation may be held hable for tortious interference with the corporations contracts if she exceeds the scope of her corporate authority in causing the breach of those contracts emphasis added C. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous D. holding that at will contracts of employment are subject to tortious interference with contracts claims E. holding that where both defamation and tortious interference claims are pled and are based on same facts minnesota law requires the application of the actual malice standard to tortious interference claims

assistant: The best answer is D. holding that at will contracts of employment are subject to tortious interference with contracts claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive agrees that all information relating to the Employer and its business, financial and/or professional affairs which is obtained by the Executive in the course of his employment has substantial value and shall at all times be and remain the sole and exclusive property of the Employer. Executive further agrees during the term of this Agreement and thereafter, to maintain and keep all Confidential Information, as hereinafter defined, strictly confidential and to not disclose the same in any form to any person, firm or entity, or use the same for any purpose whatsoever except as may be necessary and appropriate in connection with the performance of the Executive’s duties hereunder, or to the extent such disclosures are required by law. For the purposes of this Agreement, “ Confidential Information ” shall include, but not be limited to, all nonpublic information pertaining to or in any way connected with the Employer’s present or future products or services or any component parts thereof, the Employer’s designs, routines, standards, and procedures, all research, development, discoveries, improvements, applications, enhancements, and inventions, whether or not patentable or subject to copyright protection, undertaken or made in connection therewith; all information relating to the Employer’s customers, clients and accounts, and contractees, and all information related to executives, executive relations, personnel or pay practices, marketing plans, business plans, business or marketing research; and all information relating to the Employer’s financial and/or other business affairs; and all files, documents, contracts, materials, listings, computer programs, printouts, source codes, drawings, specifications, processes, applications, techniques, routines, formulas and information of every name, nature or description, whether or not the same is in machine readable form or reduced to writing, which pertains thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) There are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened in writing against the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (other than the Disclosed Matters) or (ii) that involve this Agreement or the Transactions.

assistant: Litigations
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: Termination of this Agreement shall not affect any right or obligation of any party which is accrued or vested prior to such termination. Without limiting the scope of the preceding sentence, the provisions of Articles III, IV, V, IV, and V shall survive any termination of the employment relationship and/or of this Agreement.

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: of Transportation, Federal Motor Carrier Safety Administration, and Texas Department of Transportation were properly being followed because of his experience with Department of Transportation rules and regulations. Thus, Defendant explains, the primary duties of Mateos and Smith were materially different than the duties of Cedillo and Monte-mayor. Defendant’s second assertion fails to demonstrate that Plaintiffs are not “similarly situated.” Plaintiffs have shown two overarching themes that each of their tasks required: performing safety observations and investigating accidents. Plaintiffs also demonstrated that they each allegedly worked more than forty hours per week without additional compensation. See Villarreal v. St. Luke’s Episcopal Hosp., 751 F.Supp.2d 902, 918 (S.D.Tex.2010) (<HOLDING>). It is understandable that, among the more Options: A. holding members of two distinct pension plans were not similarly situated for equal protection analysis B. holding equal protection under the federal constitution applies to similarly situated persons C. holding that defendants are not similarly situated for sentencing purposes where one defendant accepts responsibility but the other does not D. holding that potential class members are similarly situated to the named plaintiffs if they are similarly situated with respect to their job requirements and pay provisions E. holding that employee who violated a different policy of the store than plaintiff was not similarly situated

assistant: The best answer is D. holding that potential class members are similarly situated to the named plaintiffs if they are similarly situated with respect to their job requirements and pay provisions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you hereby represent and warrant that ( i ) you are not located in a country that is subject to a u.s. government embargo , or that has been designated by the u.s. government as a `` terrorist supporting '' country ; and ( ii ) you are not listed on any u.s. government list of prohibited or restricted parties .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If one or more of the provisions of this Agreement shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the invalid, illegal or unenforceable provisions shall be deemed null and void; provided, however, to the extent permissible by law, any provisions which could be deemed null and void shall first be construed, interpreted or revised retroactively to permit this Agreement to be construed so as to foster the intent of this Agreement and the Plan and to avoid any such finding of invalidity, illegality or unenforceability.

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: The following provisions shall survive the expiration or termination of this Agreement: Articles 4, 5 and 6; Sections 1.3, 7.3 through 7.10, and this Section 3.3.

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 case excerpt and choose the best holding from the options. Case excerpt: eventually drove the victim to her home. The victim did not inform anyone about the incident. Two weeks after the first incident, the defendant again drove the victim to the vacant apartment and, over her protestations, had sexual intercourse with her. On October 13, 1993, the victim was approached by the defendant at the Waterbury town green. The defend ant asked the victim to accompany him while he delivered pizza. The victim, having ran away from home that day, agreed to accompany him. Later that evening, the defendant drove the victim to a nearby motel, where he registered for a room, listing himself as the occupant. Once in the motel room, the defendant, over the protestations of the victim, again engaged in sexual intercourse with her. After the October 13, 1993 inc d 854 (1994) (<HOLDING>); State v. Martin, 38 Conn. App. 731, 735-39, Options: A. holding that doctrine does not violate due process B. holding that doctrine does not violate equal protection C. holding missouri transfer rule did not violate equal protection D. holding that the cap does not violate equal protection E. holding transfer rule did not violate federal equal protection

assistant: The best answer is B. holding that doctrine does not violate equal protection
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: See Tex. Ass’n of Bus., 852 S.W.2d at 445-46; Schwartzott, 403 S.W.3d at 498 n. 4; Trojacek, 2009 WL 909591, at *3; Somers, 295 S.W.3d at 8, 10, 13; Saudi, 176 S.W.3d at 113. The dissenting justice states that, under Dubai Petroleum Company v. Kazi, the failure to establish a statutory prerequisite to suit is not a jurisdictional defect but instead goes to the right of the plaintiff to relief. See post at p. 836 (citing Dubai Petroleum Company v. Kazi, 12 S.W.3d 71, 76-77 (Tex.2000)). Though the Kazi case is an important precedent in Texas jurisprudence, the dissenting justice overstates the scope of the Kazi court’s holding. In Kazi, the Supreme Court of Texas abrogated a line of cases holding that, when a claim is based on a statute, the Foundation, 315 S.W.3d 519, 522-23 (Tex.2010) (<HOLDING>); In re Derzapf 219 S.W.3d 327, 331-33 Options: A. holding that preservation of error in the trial court is not necessary as to lack of standing B. holding that this lack of any reasonable expectation of continued employment suffices to establish the lack of property in the constitutional sense and hence the lack of a viable due process claim C. holding that courts lack jurisdiction to address merits of a claim where party raising the claim is found to lack standing to maintain suit D. holding that lack of justiciable interest resulted in lack of standing to pursue claim and that lack of standing deprived the trial court of jurisdiction to act E. holding that the lack of shareholder standing under texas law does not implicate constitutional standing

assistant: The best answer is D. holding that lack of justiciable interest resulted in lack of standing to pursue claim and that lack of standing deprived the trial court of jurisdiction to act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any action the Company takes with respect to any or all income tax, social insurance, payroll tax, or other tax-related withholding (" Tax-Related Items "), the ultimate liability for all Tax-Related Items is and remains the Director's responsibility and the Company: (a) makes no representations or undertakings regarding the treatment of any Tax-Related Items in connection with the grant, vesting, or exercise of the Option or the subsequent sale of any shares acquired on exercise; and (b) does not commit to structure the Option to reduce or eliminate the Director's liability for Tax-Related Items.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you purchase a subscription through the google play store you may cancel automatic renewals in account settings under subscriptions in the google play app , or according to the current process outlined by google play .

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: was a dual-purpose summons, we need not answer the question whether the additional information sought from Ritchie by the IRS was "relevant to a legitimate investigation” of his firm. 8 . The statutory protections are not strong in any event; the prior approval required is not difficult to obtain because it is given ex parte solely on the basis of the petition and supporting affidavits. See I.R.C. § 7609(h)(2). 9 . We also note that it has been held that "the criteria in 26 U.S.C. § 7609(f) governing ex parte issuance of a John Doe summons pursuant to 26 U.S.C. § 7609(h)(1) are not appropriate grounds to challenge enforcement of the summons." In re Does, 688 F.2d 144, 145-46 (2d Cir.1982) (footnote omitted). But see United States v. Brigham Young Univ., 679 F.2d 1345 (10th Cir.1982) (<HOLDING>), vacated and remanded (for consideration of Options: A. holding that the summoned party may in an enforcement proceeding challenge the 7609f2 determination that there is a reasonable basis for believing there may be a violation of a revenue law B. holding that the alj is not obliged to accept an iq if there is a substantial basis in the record for believing that the claimant was feigning the results C. holding that there was no justiciable controversy and that while many laws may be easily subject to challenge we may only review such matters in a proper law suit D. holding that a party may be liable under 1447c only where the removing party lacked an objectively reasonable basis for seeking removal E. holding that there is a rational basis for the distinction

assistant: The best answer is A. holding that the summoned party may in an enforcement proceeding challenge the 7609f2 determination that there is a reasonable basis for believing there may be a violation of a revenue law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the certification. We conclude, therefore, that the Board’s refusal to interpret the Fundamental Canons of the Laws and Rules of Professional Engineering was not error. III. Grievant next argues that the Board erred in concluding that his exercise of free speech was not a motivating factor in the employer’s insistence that he sign the certification. He claims that being forced to sign the certification under threat of disciplinary action or discharge' constitutes a retaliatory act on the part of the employer. He contends that while the Board properly concluded that the objections he raised throughout the certification were protected speech, it failed to consider as protected speech his refusal to sign the certification. See Riley v. National Fed’n of the Blind, 487 U.S. 781, 795 (1988) (<HOLDING>). An employee’s allegation that an employer Options: A. recognizing that code is speech B. holding that first amendment protections apply to compelled speech as well as restrictions on speech C. holding that speech about financial assistance and handling racial discrimination does not qualify as protected speech D. holding that free speech protection of new jersey constitution requires subject to reasonable restrictions privatelyowned shopping centers to permit speech on political and societal issues on premises unlike first amendment of federal constitution E. recognizing forum based approach to assessing speech restrictions that government places on its property

assistant: The best answer is B. holding that first amendment protections apply to compelled speech as well as restrictions on speech
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: weighed against a finding of good cause. Furthermore, Ms. Wright did not provide any evidence that she acted diligently in the thirteen year interim. She also did not identify any circumstances beyond her control that prevented her from appealing at any point during the thirteen years. Thus, we affirm the Board’s holding that Ms. Wright did not show good cause for her delay in filing her appeal. Costs Each party shall bear its own costs. AFFIRMED. 1 . Even if Ms. Wright was found credible, and the November 2009 date claimed in her initial appeal or the June 2009 date claimed in her petition for review was the first time she received notice of her termination, her October 2010 appeal would still be untimely. See Gordy v. Merit. Sys. Prot. Bd., 736 F.2d 1505, 1508 (Fed.Cir.1984) Options: A. holding that where employee was aware of dissolution abatement of claims provision applied even in absence of written notice because employee had actual notice B. holding that when an employee is not provided with notice of termination and appeal rights by an employing agency a dismissal based on untimeliness may be proper if the employee fails to act promptly and within the allowable time limits after he or she becomes aware of those rights C. holding that res judicata properly barred claims based on an employers decision to terminate an employee because the termination was not a fresh act of discrimination rather it was the same decision not to allow the employee to return to work that the employee had challenged previously D. holding that a notice recommending termination of an employee to the board without notice to the employee of employees right to attend and dispute the claims violated due process E. holding that rights accrue only when an employee vests

assistant: The best answer is B. holding that when an employee is not provided with notice of termination and appeal rights by an employing agency a dismissal based on untimeliness may be proper if the employee fails to act promptly and within the allowable time limits after he or she becomes aware of those rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by our procedural rules. In the forty years since those decisions, Texas courts have consistently recognized and reaffirmed the existence of the fundamental-error doctrine. Because there is no statute defining the principle, we tend to agree with the commentator who noted that “[tjhere is no single satisfactory definition of the phrase, nor can one easily analyze the cases for prognostic purposes.” Kronzer, supra, § 9.2, at 205. In reviewing our caselaw, however, we are able to distill two types of error that our courts have consistently recognized are subject to fundamental-error review. First, and most commonly, we apply fundamental-error review when a jurisdictional defect exists in the case. See, e.g., Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 445-46 (Tex.1993) (<HOLDING>); New York Underwriters Ins. Co. v. Sanchez, Options: A. holding that issues raised for the first time on appeal will not be considered B. holding that an issue not raised in the trial court cannot be raised for the first time on appeal C. holding that court will not consider issue raised for first time on appeal D. holding that an issue raised for the first time on appeal will not be considered by this court E. holding that standing is a jurisdictional issue that can be raised for the first time on appeal

assistant: The best answer is E. holding that standing is a jurisdictional issue that can be raised for the first time on appeal
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 choose to terminate the services , you will be refunded any unused prepaid fees upon your written request , provided a receipt of such fees and a clear payment instruction are included in your request .

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: 896, 898 (11th Cir.1988). The court also will be able to determine whether any of the privileges asserted has been waived or otherwise undercut, as urged by appellee at oral argument. It would be premature for this court to determine these issues at the present time. 3. No Waiver of Right to In Camera Hearing We next determine whether appellants’ failure to request an in camera hearing before the bankruptcy court constitutes a waiver of their right to one on remand. Although those asserting privileges in response to a subpoena generally are required to do so on a question-by-question and/or document-by-document basis, see In re Grand Jury Subpoena, 831 F.2d 225, 227 (11th Cir.1987), a blanket assertion does not waive later, specific assertions under all circumstances, see id. at 228 (<HOLDING>). Moreover, appellants’ instant argument Options: A. holding that plaintiff in erisa action was entitled to restitution under similar circumstances B. holding that privilege applies in similar factual circumstances C. holding so under circumstances similar to the present ones D. holding that no discovery is permissible in similar circumstances E. holding under similar circumstances that the california court of appeals finding of no pretext was unreasonable

assistant: The best answer is C. holding so under circumstances similar to the present ones
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: customers were common in the industry, and pointed out that plaintiffs had not pleaded specifically how the individual defendants had acted fraudulently by counting such customers in a manner common to the industry. Id. In their amended complaint, plaintiffs have added ¶ 45(a), in which they allege that although Heartland represented in the press release that soft disconnects were common in the industry, “the counting of soft disconnects as ‘active’ subscribers is not, and to so count them was materially misleading.” Am.Compl. ¶ 45(a). Plaintiffs offer no facts to support their conclusory assertion that it was not customary in the industry to count soft disconnects as active subscribers. This allegation is insufficient as a matter of law to plead scienter. See Lovelace, 78 F.3d at 1020 (<HOLDING>). Nor do they address the other defects that Options: A. holding that bare allegations about industry custom are inadequate to plead scienter B. holding that the nonmoving party may not defeat a summary judgment motion by standing on the bare allegations in the pleadings C. holding a plaintiff must plead sufficient factual allegations to establish that a plausible contract exists but need not plead every detail of the contract D. holding that plaintiffs bare allegations of malice do not suffice particularly where such allegations are contradicted by plaintiffs own claims that defendants actions were financially motivated E. holding that allegations of motive and opportunity were not enough to create a strong inference of scienter

assistant: The best answer is A. holding that bare allegations about industry custom are inadequate to plead scienter
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 the Discharge of Priority Lien Obligations, the Priority Lien Agent agrees that if it shall at any time hold a Priority Lien on any Collateral that can be perfected by the possession or control of such Collateral or of any Account in which such Collateral is held, and if such Collateral or any such Account is in fact in the possession or under the control of the Priority Lien Agent, the Priority Lien Agent will serve as gratuitous bailee for the Second Lien Collateral Agent for the sole purpose of perfecting the Second Lien of the Second Lien Collateral Agent on such Collateral. It is agreed that the obligations of the Priority Lien Agent and the rights of the Second Lien Collateral Agent and the other Second Lien Secured Parties in connection with any such bailment arrangement will be in all respects subject to the provisions of Article II . Notwithstanding anything to the contrary herein, the Priority Lien Agent will be deemed to make no representation as to the adequacy of the steps taken by it to perfect the Second Lien on any such Collateral and shall have no responsibility, duty, obligation or liability to the Second Lien Collateral Agent, any other Second Lien Secured Party or any other Person for such perfection or failure to perfect, it being understood that the sole purpose of this Article is to enable the Second Lien Secured Parties to obtain a perfected Second Lien in such Collateral to the extent, if any, that such perfection results from the possession or control of such Collateral or any such Account by the Priority Lien Agent. The Priority Lien Agent acting pursuant to this Section 5.01 shall not have by reason of the Priority Lien Security Documents, the Second Lien Security Documents, this Agreement or any other document or theory, a fiduciary relationship in respect of any Priority Lien Secured Party, the Second Lien Collateral Agent or any Second Lien Secured Party. Subject to Section 4.03 , from and after the Discharge of Priority Lien Obligations, the Priority Lien Agent shall take all such actions in its power as shall reasonably be requested by the Second Lien Collateral Agent (at the sole cost and expense of the Grantors) to transfer possession or control of such Collateral or any such Account (in each case to the extent the Second Lien Collateral Agent has a Lien on such Collateral or Account after giving effect to any prior or concurrent releases of Liens) to the Second Lien Collateral Agent for the benefit of all Second Lien Secured Parties.

assistant: General
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 shall be construed and interpreted in accordance with the laws of the State of Texas, and venue for any action brought with respect to any claims arising out of this Agreement shall be brought exclusively in Dallas County, Texas.

assistant: Venues
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 party shall, at the request of the other party, at any time and from time to time following the Effective Date promptly execute and deliver, or cause to be executed and delivered, to such requesting party all such further instruments and take all such further action as may be reasonably necessary or appropriate to carry out the provisions and intents of this Agreement and of the instruments delivered pursuant to this Agreement.

assistant: Further Assurances
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 specific terms defined in this Article include the plural as well as the singular. Words herein importing a gender include the other gender. References herein to “writing” include printing, typing, lithography, and other means of reproducing words in visible form. References to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms. References herein to Persons include their successors and assigns permitted hereunder or under the Master Indenture (as defined herein). The terms “include” or “including” mean “include without limitation” or “including without limitation”. The words “herein”, “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision, and Article, Section, Schedule and Exhibit references, unless otherwise specified, refer to Articles and Sections of and Schedules and Exhibits to this Agreement. Capitalized terms used herein, including in the Recitals, but not defined herein shall have the respective meanings assigned to such terms in the Master Indenture (as defined herein).

assistant: General
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 notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient upon delivery, when delivered personally or by overnight courier or sent by email or fax (upon customary confirmation of receipt), or 48 hours after being deposited in the U.S. mail as certified or registered mail with postage prepaid, addressed to the Party to be notified at such Party’s address or fax number as set forth in the Purchase Agreement or the Schedules hereto, or as subsequently modified by written notice.

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: During the Term, the Company shall pay to the Executive a base salary (the “ Base Salary ”) at the rate of no less than $375,000.00 per calendar year, less applicable deductions. The Base Salary shall be reviewed for increase by the Board no less frequently than annually and shall be increased in the discretion of the Board and any such adjusted Base Salary shall constitute the “Base Salary” for purposes of this Agreement. The Base Salary shall be paid in substantially equal installments in accordance with the Company’s regular payroll procedures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices given under this Agreement shall be in writing and shall be deemed to have been duly given (a) when delivered personally, (b) three business days after being mailed by first class certified mail, return receipt requested, postage prepaid, (c) one business day after being sent by a reputable overnight delivery service, postage or delivery charges prepaid, or (d) on the date on which a facsimile is transmitted to the parties at their respective addresses stated below. Any party may change its address for notice and the address to which copies must be sent by giving notice of the new addresses to the other party in accordance with this Section 13, except that any such change of address notice shall not be effective unless and until received.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in such event , linden lab shall have no further obligation or liability to you under this agreement or otherwise , and you shall be entitled to no compensation or other payment , remedy , recourse or refund .

assistant: Limitation of liability