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: (treating defense of self and defense of others together for purposes of reviewing trial counsel’s refusal to tender proposed jury instructions). Rondeau’s self-defense claim was unsuccessful, and he has failed to establish that a different outcome was reasonably likely if a jury instruction had been given on defense of a third party. [42] Speedy trial. Finally, we turn to Rondeau’s claim that trial counsel should have filed Rondeau’s requested motion for a speedy trial, and that counsel was ineffective in failing to do so. During the pendency of his trial proceedings, Rondeau pro se submitted a request for a speedy trial; the trial court did not entertain the motion because Rondeau was at that time represented by counsel. See Underwood v. State, 722 N.E.2d 828, 832 (Ind.2000) (<HOLDING>). Rondeau then requested that his trial counsel Options: A. recognizing a defendants right to dismiss retained counsel in favor of appointed counsel B. holding that in determining whether there exists a valid waiver of the right to counsel in the criminal setting the court may consider a defendants lack of good faith in working with appointed counsel including an unreasonable refusal to cooperate with counsel or an unreasonable request for substitution of appointed counsel and the timeliness of defendants request for new counsel particularly when a defendant makes an untimely request for new counsel under circumstances which are likely to result in a continuance C. holding that once counsel was appointed defendant spoke to the court through counsel and thus the court was not required to respond to defendants request for a speedy trial D. holding in situation of appointed counsel that if nonfrivolous issues may exist new counsel must be appointed E. holding that the defendants prior conviction was not obtained in violation of his right to counsel because he had the opportunity for appointed counsel at public expense

assistant: The best answer is C. holding that once counsel was appointed defendant spoke to the court through counsel and thus the court was not required to respond to defendants request for a speedy trial
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: No agent, broker, Person or firm acting on behalf of Purchaser nor any of its officers, managers or Affiliates is or shall be entitled to any fee, commission or broker’s or finder’s fees in connection with this Agreement or any of the transactions contemplated hereby.

assistant: Brokers
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 real estate taxes, assessments and governmental charges, payments in lieu of taxes (including, without limitation, annual service charges, land taxes, administrative fees and other consideration under the terms of the Financial Agreement) or assessments imposed by any governmental authority (“ Taxes ”) for the year in which the Closing occurs shall be prorated between Buyer and Sellers with respect to the Property as of the Closing on the basis of the fiscal year assessed. If the Closing occurs prior to the receipt by Sellers of the tax bill for the Property for applicable tax period in which the Closing occurs, Taxes with respect to the Property shall be prorated for such calendar year or other applicable tax period based upon the prior year’s tax bill. Notwithstanding the foregoing, Taxes shall not be prorated with respect to the Property to the extent that the Occupancy Tenant is obligated to pay the full amount of the Taxes directly to the applicable taxing authority and the Occupancy Tenant is current with respect to such payments. Sellers, not Buyer, shall be responsible for any supplemental taxes or omitted assessments relating to the period prior to the Closing Date, regardless of when such supplemental taxes or omitted assessments are actually assessed, and Sellers shall promptly pay such amounts so as to avoid any enforcement by the applicable governmental authorities for payment; provided, however, that if in connection with obtaining the City’s Consent or otherwise, the City shall issue a writing indicating that it does not believe that any supplemental taxes or omitted assessments are or will become due for the period prior to the Closing Date, then Sellers’ liability under this sentence shall be subject to the limitation on liability set forth in Section 18. The obligations set forth in this Section 10(a) shall survive the Closing for a period of one (1) year after the Closing Date.

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: While employed by Company, Executive shall perform the duties required of Executive hereunder and shall devote Executive's best efforts and exclusive business time, energy and skill to performing such duties; not make any disparaging remarks regarding Company to any person with whom Company has business relations, including any employee or vendor of Company; use the Goodwill solely for the benefit of Company; and not interfere in such Goodwill, either during or following Executive's employment with Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ("The court or jury trying the case involving a violation of clause (ii), (iii) or (iv) of § 18.2-266 or § 18.2-266.1, or 18.2-272 shall determine the innocence or guilt of the defendant from all the evidence concerning his condition at the time of the alleged offense.”); Code § 18.2-268.10(A) (providing that the "court shall, regardless of the result of any blood or breath tests, consider other relevant admissible evidence of the condition of the accused”). 6 . See also Sullivan v. Commonwealth, 17 Va.App. 376, 379, 437 S.E.2d 242, 244 (1993) (reversing trial court's admission of certificate because appellant was not given a chance to elect between blood and breath test as required under predecessor statute); Snead v. Commonwealth, 17 Va.App. 372, 374, 437 S.E.2d 239, 241 (1993) (<HOLDING>); Wendel v. Commonwealth, 12 Va.App. 958, 964, Options: A. holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant B. holding defendant was improperly denied potentially exculpatory evidence C. holding that once probable cause is developed officers have no constitutional obligation to conduct further investigation in the hopes of uncovering potentially exculpatory evidence D. holding that record must show that evidence is exculpatory for defendant to establish brady violation E. holding that the state has no affirmative duty to seek out and gain possession of potentially exculpatory evidence

assistant: The best answer is B. holding defendant was improperly denied potentially exculpatory evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: blizzard entertainment does not recognize the transfer of accounts , and any unauthorized transfer of the world of warcraft software will result in the permanent deletion of the account attached to that software .

assistant: Content removal
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 acknowledge and agree that your relationship with instagram is not a confidential , fiduciary , or other type of special relationship , and that your decision to submit any content does not place instagram in a position that is any different from the position held by members of the general public , including with regard to your content .

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: that rely heavily on subjective considerations with caution. Particularly in cases where a jury could reasonably find that the plaintiff was otherwise significantly better qualified than the successful applicant, an employer’s asserted strong reliance on subje hette has offered conflicting reasons for plaintiffs termination and the fact that plaintiff and Ms. Kay had received identical overall performance ratings for the school year immediately prior to the year when the RIF decisions were made, is evidence that could further support an inference that Ms. Smith’s termination was the result of age animus, if indeed it can be proven that director Birchette was responsible for designating one of the social studies teacher positions for elimination. See, e.g., Ferguson, 225 F.Supp.2d at 41 (<HOLDING>). In sum, the Court concludes that although, Options: A. holding there were no grounds for challenging in a termination proceeding the alleged failure to comply with the ada in the provision of services because services are not required by the termination statute B. holding that although a reason was provided in the termination letter the without cause termination provision was applicable C. holding requirement in contract to provide notice for termination but not limiting reasons for termination constitutes atwill employment relationship D. holding that the numerous inconsistencies in the testimony of the persons primarily responsible for plaintiffs termination when coupled with the timing of plaintiffs termination and the conflicting reasons given by defendants agents for the termination might well persuade a jury that defendant fired the plaintiff in retaliation for the letter sent by her attorney to defendants general counsel E. holding that the conflicting explanations given by defendants agents for the plaintiffs termination were also sufficient to raise a reasonable inference that defendants proffered reasons for the termination were pretextual the inconsistent testimony regarding the motivating reasons for plaintiffs termination cast doubts on the asserted nondiscriminatory legitimate reasons and may alone be sufficient to preclude summary judgment on plaintiffs claim

assistant: The best answer is D. holding that the numerous inconsistencies in the testimony of the persons primarily responsible for plaintiffs termination when coupled with the timing of plaintiffs termination and the conflicting reasons given by defendants agents for the termination might well persuade a jury that defendant fired the plaintiff in retaliation for the letter sent by her attorney to defendants general counsel
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 agrees that Employee shall be allowed reasonable and necessary business expenses in connection with the performance of Employee’s duties within the guidelines established by the Company as in effect at any time with respect to key employees (“Business Expenses”), including, but not limited to, reasonable and necessary expenses for food, travel, lodging, entertainment and other items in the promotion of the Company within such guidelines. The Company shall promptly reimburse Employee for all reasonable Business Expenses incurred by Employee upon Employee’s presentation to the Company of an itemized account thereof, together with receipts, vouchers, or other supporting documentation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does not deny that he possessed the sledgehammer during the burglary, see id. at 63. The fact that he did not use the sledgehammer as a weapon is irrelevant to the issue of possession. To hold otherwise would directly contradict the plain meaning of this provision of the Guidelines, and would lead to absurd results. For example, a burglar could enter a bank carrying several guns and explosives and remain exempt from the two-level sentencing enhancement so long as those “tools of the trade” were used only to break open the safes. Accordingly, we hold that U.S.S.G. § 2B2.1(b)(4) requires only possession of a dangerous weapon, regardless of whether the dangerous weapon was employed as such during the commission of a crime. Cf. United States v. Lavender, 224 F.3d 939, 941 (9th Cir.2000) (<HOLDING>). Based on the facts of the case and the plain Options: A. holding that mere possession of a dangerous weapon is insufficient to support a charge of robbery with a dangerous weapon B. holding that a defendant possessed a dangerous weapon for purposes of ussg 2dllbl when law enforcement discovered a shotgun in the defendants home after the completion of the crimes C. holding that an unloaded gun was a dangerous weapon within the meaning of the federal bank robbery statute partly due to potential harm when used as a bludgeon D. holding that assault with dangerous weapon is general intent crime and that it is only necessary to prove that defendant did act of injuring another with dangerous instrument in intentional manner E. holding that because defendant possessed a screwdriver during the bank robbery and a screwdriver is properly classified as a dangerous weapon the district court did not err by applying the enhancement to him regarding ussg 2b31b2e which applies if a dangerous weapon was brandished displayed or possessed

assistant: The best answer is E. holding that because defendant possessed a screwdriver during the bank robbery and a screwdriver is properly classified as a dangerous weapon the district court did not err by applying the enhancement to him regarding ussg 2b31b2e which applies if a dangerous weapon was brandished displayed or possessed
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: Forman, Southwest and TBO are direct Subsidiaries of Mexco. Except as to the foregoing named Subsidiaries of Mexco, none of the Borrowers has any Subsidiaries. No Borrower is a member of any general or limited partnership, joint venture or association of any type whatsoever except (a) existing joint ventures with BTA Oil Producers, LLC and/or its Affiliates disclosed to the Lender on or before the date of this Loan Agreement, or (b) associations, joint ventures or other relationships (i) that are established pursuant to a standard form operating agreement or similar agreement or that are partnerships for purposes of federal income taxation only, (ii) that are not corporations or partnerships (or subject to the Uniform Partnership Act) under applicable state law, and (iii) whose businesses are limited to the same or similar businesses as now being conducted by the Borrowers.

assistant: Subsidiaries
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 Note and any claim, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to this Note and the transactions contemplated hereby shall be governed by the laws of the State of Utah.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is not the test.” Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). III. DISCUSSION A. Section 1983 and Constitutional Claims Defendants correctly argue that plaintiffs § 1983 claim, through which he seeks vindication of a variety of constitutional rights, is barred by the applicable statute of limitations. The time limitations for § 1983 claims are governed by the state’s statute of limitations for personal injury actions. Wilson v. Garcia, 471 U.S. 261, 266-67, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985) (“When Congress has not established a time limitation for a federal cause of action, the settled practice has been to adopt a local time limitation as federal law ... ”); Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369, 372, 124 S.Ct. 1836, 158 L.Ed.2d 645 (2004) (<HOLDING>). In Connecticut, the limitations period for Options: A. recognizing a fouryear statute of limitation for fraud claims B. holding that the oneyear statute of limitations set out in 28 usc 2244d applies to 2241 petitions C. holding that new uniform fouryear statute of limitations in 28 usc 1658 only applies to lawsuits made possible by post1990 enactments D. holding that fouryear residual statute of limitations applied to claim for commonlaw rescission E. holding that 28 usc 2401 is a jurisdictional statute of limitations

assistant: The best answer is C. holding that new uniform fouryear statute of limitations in 28 usc 1658 only applies to lawsuits made possible by post1990 enactments
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, together with its Exhibits, contains and constitutes the entire understanding and agreement between the Parties hereto respecting the subject matter hereof, and supersedes and cancels all previous negotiations, agreements, representations and writings in connection herewith. This Agreement may not be released, discharged, abandoned, supplemented, modified or waived, in whole or in part, in any manner, orally or otherwise, except by a writing of concurrent or subsequent date signed and delivered by a duly authorized officer or representative of each of the Parties hereto making specific reference to this Agreement and the provisions hereof being released, discharged, abandoned, supplemented, modified or waived.

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 Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage at least equal to the Aggregate Purchase Price. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

assistant: Insurances
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 CrR 3.1(c) delineate the right to counsel prior to arraignment, (2) CrR 4.1(b) outlines the right to counsel at arraignment and throughout trial, (3) CrR 7.2(b) requires notification of the right to counsel on appeal at sentencing, and (4) CrR 7.6(b) provides for counsel at probation revocation hearings. ¶12 Moreover, the right to counsel is constitutionally guaranteed at all critical stages of a criminal proceeding, including sentencing, and additionally on first appeal when states provide a right of appeal. State v. Rupe, 108 Wn.2d 734, 741, 743 P.2d 210 (1987) (“Sentencing is a critical stage of the proceedings, at which a defendant is constitutionally entitled to be represented by counsel.”); Douglas v. California, 372 U.S. 353, 355-56, 83 S. Ct. 814, 9 L. Ed. 2d 811 (1963) (<HOLDING>). ¶13 In only one area have we applied the Options: A. holding that when a state provides a first appeal as of right due process requires that defendants receive the effective assistance of counsel during that appeal B. holding on equal protection grounds that meaningful first appeal requires appointment of counsel for indigent defendants C. holding that an indigent litigants right to appointed counsel has been recognized to exist only where she may be deprived of her physical liberty that the constitution does not require the appointment of counsel for indigent parents in every parentalstatus termination proceeding and that the decision whether due process calls for the appointment of counsel is to be answered in the first instance by the trial court subject to appellate review D. holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court E. holding that the constitution does not require the appointment of two attorneys for indigent capital defendants

assistant: The best answer is B. holding on equal protection grounds that meaningful first appeal requires appointment of counsel for indigent defendants
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: aff'd, 767 F.2d 518 (8th Cir.1985); Riley v. Ambach, 508 F.Supp. 1222 (E.D.N.Y.1980). As Springdale School District, supra, indicates, placement in a state school for the blind or deaf may be contrary to the “mainstreaming” requirement of the EAHCA. It all depends on the individual child. Nonetheless, the state, having accepted the funds of the federal government and acceded to the administrative and appellate scheme of the EAHCA, has an overriding duty to provide an appropriate IEP for every handicapped child capable of benefiting from one. This overriding obligation may require that some children be placed at KSB, who do not meet its criteria, if such placement is the only way an appropriate IEP can be designed for them. See Doe v. Maher, 793 F.2d 1470, 1491-92 (9th Cir.1986) (<HOLDING>), aff'd sub nom. Honig, 108 S.Ct. at 607 Options: A. holding that whenever the local agency refuses or wrongfully neglects to provide a handicapped child with a free appropriate education that child can be best served on the regional or state level B. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child C. holding that when information which potentially undermines the best interest of the child as well as the interest sought to be protected by the legitimation statutes and the policy of this state it must first be tested in light of the best interest of the child standard D. holding legislature was required to provide a system of free education to the public including programs for the handicapped E. holding that the eha established right to public education for students with disabilities that consists of educational instruction specially designed to meet the unique needs of the handicapped child supported by such services as are necessary to permit the child to benefit from the instruction

assistant: The best answer is A. holding that whenever the local agency refuses or wrongfully neglects to provide a handicapped child with a free appropriate education that child can be best served on the regional or state level
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: after your initial subscription commitment period , and again after any subsequent subscription period , your subscription will automatically continue for an additional equivalent period , at the price you agreed to when subscribing , until you cancel .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except for user content , the content that the company provides to users on or through the service , including without limitation , any sr samples , text , graphics , photos , software , and interactive features , may be protected by copyright or other intellectual property rights and owned by the company or its third party licensors ( collectively , the `` company content '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Corporation shall, to the fullest extent permitted by applicable law as it presently exists or may hereafter be amended, indemnify and hold harmless any Executive in accordance with the terms and provisions of the Certificate of Incorporation of the Corporation or any of its Affiliates, each as amended.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for purposes of appeal. Tobar v. United States, 639 F.3d 1191, 1194 (9th Cir. 2011). The facts presented here are taken from the operative complaint or are otherwise uncontested. 2 . The operative complaint makes clear that the Chairperson is sued in an official capacity only. 3 . The parties use terms such as "tribal immunity,” “tribal sovereign immunity,” and "the Tribe’s sovereign immunity” interchangeably in their briefing, as do we herein. 4 . The district court did, however, dismiss all claims against the Health Program because Bodi failed to controvert evidence that the entity had no legal existence independent of the Tribe and the Health Board. That ruling has not been appealed. 5 . Compare Ingrassia v. Chicken Ranch Bingo & Casino, 676 F.Supp.2d 953, 961 (E.D. Cal. 2009) (<HOLDING>), and Sonoma Falls Developers, LLC v. Dry Creek Options: A. holding that removal to federal court does not waive tribal sovereign immunity B. holding that tribal sovereign immunity did not bar rico suit only after concluding that sue and be sued clause in tribal ordinance unequivocally expressed waiver of sovereign immunity C. holding that a controllers signature on a contract containing a forum selection clause was insufficient to waive sovereign immunity in part because the right to waive immunity was reserved to the tribal council D. holding that a state may waive its sovereign immunity E. holding that the ats does not waive the united states sovereign immunity

assistant: The best answer is A. holding that removal to federal court does not waive tribal sovereign immunity
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 shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns. Holdings shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of AXA Group, except as provided in this Section 9.12. Any purported assignment in violation of this Section 9.12 shall be null and void ab initio.

assistant: Assignments
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: prejudgment interest but failed to fix and calculate such interest. The Court finds that Rule 60(b) provides the appropriate vehicle for doing so in this case.” Am. Underground Eng’g, Inc. v. City of Syracuse, 5:00-CV-278 FJS/DEP, 2012 WL 3202853, at *2 (N.D.N.Y. Aug. 2, 2012). As described above, a party proceeding under one of the first three reasons under Rule 60(b) must move within a “reasonable time,” not to exceed one year after the judgment at issue. “The one-year limitation period for Rule 60(b) motions is ‘absolute.’ ” Martha Graham Sch. & Dance Found., Inc. v. Martha Graham Ctr. of Contemporary Dance, Inc., 466 F.3d 97, 100 (2d Cir.2006) (quoting Warren v. Garvin, 219 F.3d 111, 114 (2d Cir.2000)); see also King v. First Am. Investigations, Inc., 287 F.3d 91, 94 (2d Cir.2002) (<HOLDING>). Here, the renewed motion to correct the Options: A. holding that aedpas oneyear period of limitations does not support a delay of filing of habeas petition by capital defendant B. holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order C. holding that under the law of the district of columbia the filing of a complaint does not toll the statute of limitations on a counterclaim D. holding that appeal of a judgment adverse to the plaintiff does not toll the oneyear limitations period for filing a rule 60b3 mo tion on the ground of fraud E. holding for the same reason that motion for appointment of counsel does not toll the period for filing a federal habeas petition

assistant: The best answer is D. holding that appeal of a judgment adverse to the plaintiff does not toll the oneyear limitations period for filing a rule 60b3 mo tion on the ground of fraud
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: Missions, Authorities, Oversight and Partnerships at 5 (emphasis added). The other acknowledges only that “[pjursuant to Section 215, the FBI obtains orders from the FISC directing certain telecommunications service providers to produce all business records created by them ... that contain information about communications between telephone numbers.” Shea Clapper Deck, ¶ 14 (emphasis added). There is no indication that all companies — and thus all phone customers — are included. Indeed, while the documents state that certain companies must provide this data, they do not say which ones. As a result, they also do not acknowledge that the government has Verizon Wireless records, including the ones at issue here. See, e.g., Afshar v. Dep’t of State, 702 F.2d 1125, 1133 (D.C.Cir.1983) (<HOLDING>) (quoting Lamont v. Dep’t of Justice, 475 Options: A. holding that the right of access to government information or sources of information within the governments control is not mandated by the first or fourteenth amendments B. holding that by exercising its discretion to make public some classified documents the government does not waive any right it has to withhold other properly classified documents of a similar nature C. holding that a complaint that makes no effort to identify what the false and misleading information was fails to plead specific facts necessary to establish a cause of action D. holding release of information that provides3 only the most general outline of an intelligence effort does not waive right to withhold documents giving a far more precise idea of that effort because withheld information must have already been specifically revealed to the public E. holding that the right of privacy does not attach to matters already within the public domain

assistant: The best answer is D. holding release of information that provides3 only the most general outline of an intelligence effort does not waive right to withhold documents giving a far more precise idea of that effort because withheld information must have already been specifically revealed to the public
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we reserve the right , but have no obligation , to monitor any accounts and/or activities conducted through or in any way related to the services ( including inviting a fellow athlete into a network of friends ) , as well as any athlete 's use of or access to location data ( as that term is defined in our privacy policy ) , personal data , and profiles of other athletes .

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: Minera William shall not fully or partially transfer its right to receive the Royalty without the prior written consent of GTM and without first offering to transfer such interest to GTM on the same terms, conditions and price on which Payee intends to transfer the same to an unrelated third party. GTM may assign its rights and obligations under this Exhibit “A” without the prior written consent of Minera William, provided that the assignee agrees in writing to be bound by the terms of this Exhibit “A” and so notifies in writing to Minera William.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in Section 2.05 of the Seller Disclosure Letter, (a) there is no, and since January 1, 2013 there has not been any, Action pending against Seller or any of its Subsidiaries, or, to the Knowledge of Seller, threatened against Seller or any of its Subsidiaries relating to or affecting the Foxtail Business, the Acquired Assets or the Assumed Liabilities, that have been or would reasonably be expected to be, individually or in the aggregate, material to the Foxtail Business, and (b) as of the date of this Agreement, neither Seller nor any of its Subsidiaries is subject to any Order affecting the Foxtail Business, the Acquired Assets or the Assumed Liabilities, that would reasonably be expected to affect, in any material respect, individually or in the aggregate, the Foxtail Business.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you ( as seller ) , choose to reimburse a buyer , or are required to reimburse a buyer or ebay under the ebay money back guarantee , you authorize ebay to request that paypal remove the reimbursement amount ( in same or other currency ) from your paypal account , place the amount on your invoice , and/or charge your payment method on file .

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: An employee, director, officer, manager, member, partner, affiliate, associate, agent, attorney, accountant, consultant, banker, business adviser, financial adviser, scientific adviser or technical adviser of Receiver may become a party to this Agreement by signing a counterpart hereof, a copy of which shall be provided to VIDAR within five days of signature.

assistant: Yes
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 proceeds of the Loans will be used only for purposes described herein. No part of the proceeds of any Loan and no Letter of Credit will be used, whether directly or indirectly, (i) for any purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X or (ii) to make any Acquisition other than Permitted Acquisitions.

assistant: Use Of Proceeds
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 GUARANTOR AND THE LICENSEE, AND EACH OF THEM, HEREBY RELEASE ALL CLAIMS AND CAUSES OF ACTION WHICH THE GUARANTOR OR THE LICENSEE, OR BOTH OF THEM, MAY HAVE AGAINST SONIC, SONIC CORP., AND THEIR SUBSIDIARIES AND AFFILIATES, AND THE STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS OF SONIC, SONIC CORP., AND THEIR SUBSIDIARIES AND AFFILIATES. THE GUARANTOR AND THE LICENSEE, AND EACH OF THEM, FURTHER COVENANT NOT TO SUE ANY OF THE FOREGOING PERSONS OR ENTITIES ON ACCOUNT OF ANY OF THE FOREGOING CLAIMS OR CAUSES OF ACTION.

assistant: Releases
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 Guarantor agrees that from time to time, at the expense of such Guarantor, it shall use commercially reasonable efforts to promptly execute and deliver such further instruments and documents and take such further commercially reasonable actions that may be necessary, or that the First Lien Administrative Agent may reasonably request, in order to ensure that the Guaranteed Parties receive the intended benefits hereof or to enable the First Lien Administrative Agent to exercise and enforce its rights and remedies hereunder.

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: This agreement and the other Loan Documents, individually and collectively: (1) represent the sum of the understandings and agreements between Lender and Borrower concerning this credit; (2) replace any prior oral or written agreements between Lender and Borrower concerning this credit; and (3) are intended by Lender and Borrower as the final, complete and exclusive statement of the terms agreed to by them. In the event of any conflict between this agreement and any other agreements required by this agreement, this agreement will prevail.

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: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery, telegram, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: (i) if to Borrower, to: Harrison Vickers and Waterman Inc., 11231 U.S. Highway 1 #201, North Palm Beach, Florida 33408, Attn: Roy Warren, and (ii) if to the Holder, to: the address and fax number indicated on the front page of this Note, with an additional copy by fax only to (which shall not constitute notice): Grushko & Mittman, P.C., 515 Rockaway Avenue, Valley Stream, New York 11581, facsimile: (212) 697-3575.

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 case excerpt and choose the best holding from the options. Case excerpt: it included a discovery provision for latent injuries as a trade-off. 733 So.2d at 204. Barnes clearly decided that where the one-year statute of limitations applied, the claim was filed properly when it was filed within one year of the discovery of the defendant’s negligent conduct. Id. In Barnes, 733 So.2d at 205, this Court thoroughly described the history of the discovery rule at common law and its application to a variety of case types, reviewing cases such as Schiro v. Am.Tobacco Co., 611 So.2d 962, 965 (Miss.1992) (discovery rule as a common law exception), Owens-Ill., Inc. v. Edwards, 573 So.2d 704 (Miss.1990) (discovery rule exists in case of negligence or products liability cause of action involving latent disease), Evans v. Boyle Flying Serv., Inc., 680 So.2d 821 (Miss.1996) (<HOLDING>), Smith v. Sneed, 638 So.2d 1252 (Miss.1994) Options: A. holding that a notice of claim period did not begin to run until discovery of the injury B. holding the statute of limitations does not begin to run until the owning spouse reaches a pay status C. holding that the statute of limitations for an attorney malpractice suit did not begin to run until the client had suffered some actual damage D. holding the time period for filling a claim does not begin to run until the claimant judged by the standard of a reasonable person recognizes the nature seriousness and probable compensable character of his injury E. holding at least under the facts of the case that the statute of limitations in a medical malpractice action did not begin to run until the plaintiff secured a specific medical diagnosis

assistant: The best answer is A. holding that a notice of claim period did not begin to run until discovery of the injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Parent is a limited liability company duly organized, validly existing and in good standing under the laws of the State of Delaware. Merger Sub is a corporation duly incorporated, validly existing and in good standing under the laws of the State of Delaware. Each of Parent and Merger Sub has all limited liability or corporate power and authority, as applicable, to own, lease and operate its assets and carry on its business as now conducted and is duly qualified to do business as a foreign limited liability company or corporation, as applicable, and is in good standing in each jurisdiction where such qualification is necessary, except where any failure to have such power or authority or to be so qualified would not reasonably be expected, individually or in the aggregate, to have a Parent Material Adverse Effect.

assistant: Powers
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: affirmed the district court’s judgment in all other respects. Faragher v. City of Boca Raton, 76 F.3d 1155 (11th Cir.1996). That panel opinion was vacated and rehearing en banc was granted. Faragher v. City of Boca Raton, 83 F.3d 1346 (11th Cir.1996). III.Issues on Appeal We address two issues in this opinion: First, whether the City may be liable under Title VII for Terry’s and Silverman’s hostile environment sexual harassment of Faragher, regardless of its actual or constructive knowledge of that harassment; and second, whether the City knew or should have known le environment case, a supervisor’s harassing conduct is typically outside the scope of his employment. See Steele, 867 F.2d at 1311 (11th Cir.1989); accord Andrade v. Mayfair Management, Inc., 88 F.3d 258, 261 (4th Cir.1996)(<HOLDING>). We noted that: Strict liability is illogical Options: A. holding that the plaintiff must establish that a supervisors harassment was within the scope of his employment and that the employer failed to respond adequately and effectively when it learned of the harassment B. holding that restatement 2191 is inapplicable to alleged sexual harassment by a supervisor was sexual harassment within the scope of antonis employment of course not C. holding plaintiffs claim of sexual harassment was beyond the scope of the administrative charge where plaintiff had charged only discriminatory failure to promote D. holding that illegal sexual harassment is an illegitimate corporate activity beyond the scope of the supervisors employment E. holding that supervisors questions made two and three times a week about plaintiffs sexual activities constituted actionable sexual harassment

assistant: The best answer is D. holding that illegal sexual harassment is an illegitimate corporate activity beyond the scope of the supervisors employment
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 and the services contemplated hereunder are personal to Consultant and Consultant shall not have the right or ability to assign, transfer or subcontract any rights or obligations under this Agreement without the written consent of Company. Any attempt to do so shall be void. Company may fully assign and transfer this Agreement in whole or part.

assistant: Assignments
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 obligations of the Company under the Plan, this Agreement and the Certificate, with respect to these Performance Shares granted hereunder, shall be binding on any successor to the Company, whether the existence of such successor is the result of a direct or indirect purchase, merger, consolidation or otherwise, of all or substantially all of the business and/or assets of the Company.

assistant: Successors