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: Operating & Production Corp., 30 F.3d 907, 911-12 (7th Cir.1994)). Plaintiffs have alleged substantial circumstantial evidence to show that the financial disclosure statements issued by the Company contained material misstatements or omissions and that those material misstatements were made with scienter. “To the extent that a plaintiff sets forth a primary violation of the Exchange Act, dismissal of § 20(a) claim for derivative liability is inappropriate.” Chalverus v. Pegasystems, Inc., 59 F.Supp.2d 226, 236 (D.Mass.1999). See In re Fidelity/Micron Sec. Litig., 964 F.Supp. 539, 549 (D.Mass.1997). A motion to dismiss a § 20(a) claim should be denied, moreover, when the defendants themselves made the allegedly false and misleading statements. See Chalverus, 59 F.Supp.2d at 226 (<HOLDING>); In re PLC Sys. Sec. Litig., 41 F.Supp.2d 106, Options: A. holding that because defendants made the statements in the press release and signed the sec disclosure forms in light of a preliminary finding of a primary violation it could not dismiss the 20a action B. holding that where a defendant expressly manifested his belief in the truth of the statements contained in the motion to dismiss thereby adopting those statements as his own such statements are admissible against the defendant in the states case in chief C. holding positive press release was not actionable where plaintiffs have not alleged that any of the historical representations in that press release were false D. holding that agency could not claim national security disclosure exemption where documents already released to the press E. holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion

assistant: The best answer is A. holding that because defendants made the statements in the press release and signed the sec disclosure forms in light of a preliminary finding of a primary violation it could not dismiss the 20a action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Dan’s obligation to provide medical support for his adult child, and the assessment of attorney’s fees. Teresa concedes error for each of these points, and we agree. “In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer.” Tex. Fam. Code Ann. § 6.701 (Vernon 1998). Teresa was obligated to present evidence at trial of the material allegations in her petition. Agraz v. Carnley, 143 S.W.3d 547, 552 (Tex.App.-Dallas 2004, no pet.). As to the division of property, the testimony at trial only showed that she requested the division of property as it was given, without testifying as to how this was a just and right division. This was insufficient. Wilson v. Wilson, 132 S.W.3d 533, 538 (Tex.App.-Houston [1st Dist] 2004, no pet.) (<HOLDING>). The same is true for the establishment of Options: A. holding that although there was evidence of discrimination by the employer based on race there was insufficient evidence to support a finding that the employer had constructively discharged the plaintiff B. holding that although there was evidence of discrimination based on race there was insufficient evidence to support a finding of constructive discharge C. holding that on a motion for summary judgment the mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient and there must be evidence on which the jury could reasonably find for the plaintiff D. holding evidence insufficient to support finding of implied contract E. holding that given the dearth of evidence identifying describing and valuing the community estate there is insufficient evidence to support the division of assets

assistant: The best answer is E. holding that given the dearth of evidence identifying describing and valuing the community estate there is insufficient evidence to support the division of assets
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: Simmons). In rejecting A.M,’s expressive-association claim, the Court refuses to “accept the view that an apparently limitless variety of conduct can be labeled ‘speech’ whenever the person engaging in the conduct intends thereby to express an idea.” United States v. O’Brien, 391 U.S. 367, 376, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968), In an attempt to limit the “apparently limitless variety” of conduct that is actionable under the First Amendment, courts regularly reject frivolous expressive-association claims. United States v. O’Brien, 391 U.S. at 376, 88 S.Ct. 1673. See Goodpaster v. City of Indianapolis, 736 F.3d 1060, 1073 (7th Cir.2013) (“[T]he First Amendment does not protect coming together at a local bar to smoke.”); Cabrol v. Town of Youngsville, 106 F.3d 101, 109 (5th Cir.1997) (<HOLDING>); Swank v. Smart, 898 F.2d 1247, 1251 (7th Options: A. recognizing that the first amendment protects the expressive activities associated with the voterregistration process B. holding that raising chickens is not an expressive act for the purposes of the first amendment C. holding that participating in community service is not expressive conduct D. holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment E. holding that students action wearing black armbands was expressive conduct entitled to first amendment protection

assistant: The best answer is B. holding that raising chickens is not an expressive act for the purposes of the first amendment
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: disciplinary proceeding were not a matter of public record, but instead were part of his “employment history” which could not be released under New York’s Freedom of Information Law, Public Officers Law, art. 6, (“FOIL”). See Hanig v. State Dep’t of Motor Vehicles, 79 N.Y.2d 106, 109-10, 580 N.Y.S.2d 715, 588 N.E.2d 750 (1992) (citing exemption under Public Officers Law § 89(2)(b)(i) for “disclosure of employment, medical or credit histories”). As noted by the district court, however, New York courts have found that the disposition of misconduct charges does not constitute part of an employee’s “employment history” as that phrase is used in New York’s FOIL. See, e.g., LaRocca v. Board of Educ. of Jericho Union Free Sch. Dist., 220 A.D.2d 424, 632 N.Y.S.2d 576, 578-79 (2d Dep’t 1995) (<HOLDING>). Thus, we agree with the district court that Options: A. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt B. holding that settlement agreement which disposed of misconduct charges brought under 3020a did not constitute an employment history for foil purposes C. holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement D. holding that additional charges were barred in an employment discrimination case when the additional charges did not reflect the essence of the other charges E. holding that court enforcement of a settlement agreement is not state action for constitutional purposes

assistant: The best answer is B. holding that settlement agreement which disposed of misconduct charges brought under 3020a did not constitute an employment history for foil purposes
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 undersigned also finds that it is clear that the arbitration clause is also broad enough to cover Smith’s claims. His relationship with Klann and Swift arises from the Contractor Agreement. The accident happened while he was mentoring Klann, pursuant to the Mentorship Addendum. Thus, Smith’s claims must be subject to arbitration. As the undersigned has found that the Contractor Agreement mandates that any and all disputes relating to the contract are subject to “conclusive and binding” arbitration, in accordance with the reason ing in Atlantic Marine, the undersigned must dismiss this case under 28 U.S.C. § 1406 because this court lacks the power to transfer a case to an arbitral forum. Texas Community Bank, NA. v. Dunn, no. 09-3514, 2010 WL 3220652 (S.D.Tex., Aug. 13, 2010) (<HOLDING>). If the plaintiff wishes to pursue his claims, Options: A. holding that a forum selection clause was not enforceable against defendants that were not parties to the contract B. holding that when a forum selection clause designates an arbitral forum the proper remedy is dismissal C. recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties D. holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum E. holding that remand order based on forum selection clause is reviewable on appeal

assistant: The best answer is B. holding that when a forum selection clause designates an arbitral forum the proper remedy is dismissal
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 Support Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to the conflicts of law rules of such State (provided, however, that the fiduciary duties of the Board of Directors of the Company, the internal corporate affairs of the Company, and any waiver of dissenters’ or appraisal rights with respect to the Merger shall be governed by Oregon Law).

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 4.1 you agree not to upload , post , email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code , files or programs designed to interrupt , harm , damage , destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the products or the products themselves .

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: environment claim because Roddy had not demonstrated an instance of harassment or abusive conduct within the five-year statute of limitations applicable to Roddy’s claim under 42 U.S.C. § 1981. See Drake v. Southwestern Bell Tel. Co., 553 F.2d 1185, 1188 (8th Cir.1977) (applying Missouri five-year statute of limitations to a cause of action under § 1981). According to the trial court, the last act of harassment directed at Roddy was the kicking incident in April 1991, and the statute of limitations ran back only to March 1992. Although Roddy agrees that conduct prior to March 1992 is not actionable, Roddy contends that the record as a whole shows the existence of a pattern of harassment more recently than March 1992. See Van Steenburgh v. Rival Co., 171 F.3d 1155, 1159 (8th Cir.1999) (<HOLDING>). However, even assuming that Roddy suffered Options: A. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive B. recognizing a hostile work environment claim under section 1983 C. holding that consideration of the entire scope of a hostile work environment claim including behavior alleged outside the statutory time period is permissible for the purposes of assessing liability so long as any act contributing to that hostile environment takes place within the statutory time period D. holding that a plaintiff alleging a hostile work environment claim under title vii may seek damages for all behavior contributing to a hostile work environment claim including behavior allegedly occurring outside the limitations period provided that an act contributing to the claim occurs within the filing period E. holding a hostile work environment claim viable when the cumulative effects of a prolonged pattern of harassment extended into the limitations period

assistant: The best answer is E. holding a hostile work environment claim viable when the cumulative effects of a prolonged pattern of harassment extended into the limitations period
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: than Goldens factors. Gump, 35 Kan. App. 2d at 509-12; see Board of Johnson County Comm’rs, 263 Kan. at 677. While Intervenors join the Plaintiffs in arguing the Golden factors should apply, they primarily attack the three bases characterized by Judge Ireland as forming the basis for the Board’s decision. We need not determine whether, as the Board argues, it also relied upon other bases, e.g., commercial wind farms would harm the county infrastructure. As explained below, we hold the bases identified by Judge Ireland are sufficient to sustain the Board’s action. Aesthetics As the court held in Gump, Kansas appellate courts have long allowed aesthetics to be considered in zoning matters. 35 Kan. App. 2d at 509-10; see, e.g., Ware v. City of Wichita, 113 Kan. 153, 157, 214 P. 99 (1923) (<HOLDING>). As our court acknowledged 60 years later: Options: A. recognizing state laws can be preempted by federal regulations as well as by federal legislation B. holding that zoning regulations which tend to preserve the residential or historical character of a neighborhood andto enhance the aesthetic appeal of a community are considered valid exercises of the public power as relating to the general welfare of the community C. holding that ordinance conferred unbridled discretion where issuance of permit was subject to broad findings that proposed use will not have a harmful effect upon the health or welfare of the general public and will not be detrimental to the welfare of the general public and will not be detrimental to the aesthetic quality of the community or the surrounding land uses D. recognizing in a zoning case that tjhere is an aesthetic and cultural side of municipal development which may be fostered within reasonable hmitations citations omitted such legislation is merely a liberalized application of the general welfare purposes of state and federal constitutions E. recognizing tjhere is no general constitutional right to discovery in a criminal case

assistant: The best answer is D. recognizing in a zoning case that tjhere is an aesthetic and cultural side of municipal development which may be fostered within reasonable hmitations citations omitted such legislation is merely a liberalized application of the general welfare purposes of state and federal constitutions
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 (i) Axcess threatens or commences any claim, action or proceeding alleging that the Employee’s employment with the Employer and/or the services provided by the Employee in accordance with this Agreement (an “ Axcess Action ”) violate the Prior Agreement and any and all other covenants, obligations, or contractual commitments that Axcess alleges that the Employee is bound by in conjunction with his employment with Axcess, and (ii) such Axcess Action does not arise from any breach by the Employee of the representations, warranties or covenants under §8(b) or any other provision of this Agreement, the Employer shall indemnify and hold harmless the Employee from and against all losses, expenses, damages and liabilities arising therefrom (including reasonable defense costs) up to $50,000.00, or such additional amount as the parties may subsequently agree to in writing. The Employer shall have the authority to assume and control the defense of an Axcess Action and, in any such case, the Employee shall provide all information, assistance and cooperation as the Employer may reasonably request in connection therewith.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 377 U.S. 407 84 S.Ct. 1626 12 L.Ed.2d 405 Irving MARDERv.MASSACHUSETTS. No. 819. Supreme Court of the United States June 1, 1964 Rehearing Denied Oct. 12, 1964. See 85 S.Ct. 17. Irving Marder, pro se. Edward W. Brooke, Atty. Gen. of Massachusetts, for appellee. PER CURIAM. 1 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. 2 Mr. Justice GOLDBERG, with whom Mr. Justice DOUGLAS joins, dissenting. 3 This appeal raises the question of whether a person charged with a traffic violation (or presumably any other criminal offense) may be forced by a statute, General Laws of Mass. c. 90, §§ 20 and 20A, to choose between foregoing a trial by pleading guilty and paying a small fine, or going to trial and thereby exposing himself to the possibility of a greater punishment if found guilty. I express no view on the merits of this question. But I would note probable jurisdiction, since the issue, in my view, presents a substantial federal question, and since I am not convinced that the generally sound advice to 'pay the two dollars' necessarily reflects a constitutionally permissible requirement. 4 Mr. Justice WHITE is of the opinion that probable jurisdiction should be noted.

assistant: 9
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 has made available to the Purchaser all of the information reasonably available to the Company that the Purchaser has requested for deciding whether to acquire the Securities, and all such materials were prepared in good faith. No representation or warranty of the Company contained in this Agreement, as qualified by the Disclosure Schedule, and no certificate furnished or to be furnished to the Purchaser at the Closing contains any untrue statement of a material fact or, to the Company’s Knowledge, omits to state a material fact necessary in order to make the statements contained herein or therein not misleading in light of the circumstances under which they were made. It is understood that this representation is qualified by the fact that the Company has not delivered to the Purchaser, and has not been requested to deliver, a private placement or similar memorandum or any written disclosure of the types of information customarily furnished to purchasers of securities.

assistant: Disclosures
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 inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns; provided, however, that no party shall assign or delegate any of the rights or obligations under this Agreement (whether by merger, operation of law or otherwise) without the prior written consent of the other party hereto, and any such purported assignment or delegation without such consent shall be void and of no effect.

assistant: Binding Effects
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 of the direct and indirect subsidiaries of the Company are set forth on Exhibit 21.1 to the Annual Report on Form 10-K filed with the SEC on April 4, 2016 (the “10-K”). The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities.

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: Except as specifically amended or waived above, the Agreement and the other Documents shall remain unchanged and in full force and effect and are hereby ratified and confirmed. The execution, delivery and effectiveness of this Fifth Amendment shall not operate as a waiver of any right, power or remedy of the Collateral Agent or any Purchaser under the Agreement or any Document, nor constitute a waiver of any provision of the Agreement or any Document, except as specifically provided by this Fifth Amendment. This Fifth Amendment is a Document, and a part of the Agreement, for all purposes of the Agreement. This Fifth Amendment may be executed in any number of counterparts, and by different parties hereto on separate counterpart signature pages, and all such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of a counterpart signature page by facsimile transmission or by e-mail transmission of an Adobe portable document format file (also known as a “ PDF ” file) shall be effective as delivery of a manually executed counterpart signature page. Section headings used in this Fifth Amendment are for reference only and shall not affect the construction of this Fifth Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If consent of the Required Lenders, all Lenders or all affected Lenders, is required for some action under this Agreement, or except as otherwise provided herein an approval of the Required Lenders, all Lenders or all affected Lenders is required or permitted under this Agreement, each Lender agrees to give the Agent, within ten (10) Business Days of receipt of the request for action together with all reasonably requested information related thereto (or such lesser period of time required by the terms of the Loan Documents), notice in writing of approval or disapproval (collectively “Directions”) in respect of any action requested or proposed in writing pursuant to the terms hereof. To the extent that any Lender does not approve any recommendation of Agent, such Lender shall in such notice to Agent describe the actions that would be acceptable to such Lender. If consent is required for the requested action, any Lender’s failure to respond to a request for Directions within the required time period shall be deemed to constitute a Direction to take such requested action. In the event that any recommendation is not approved by the requisite number of Lenders and a subsequent approval on the same subject matter is requested by Agent, then for the purposes of this paragraph each Lender shall be required to respond to a request for Directions within five (5) Business Days of receipt of such request. Agent and each Lender shall be entitled to assume that any officer of the other Lenders delivering any notice, consent, certificate or other writing is authorized to give such notice, consent, certificate or other writing unless Agent and such other Lenders have otherwise been notified in writing. The provisions of this §14.13 shall not apply to any matter requiring approval of all Lenders or all affected Lenders.

assistant: Approvals
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 affirm the district court’s dismissal of appellant’s complaint. DISCUSSION As noted in our previous decision, Snia-do, 352 F.3d at 75-76, with which we assume familiarity, Sniado alleged in his amended complaint and in court proceedings below that: (1) he paid supra-competitive service fees to exchange Euro-zone currencies; and (2) these supra-competitive fees — which he paid exclusively in European countries — were the result of an alleged price-fixing conspiracy between European banks. The district court dismissed under § 6a(2) of the FTAIA because Sniado’s complaint alleged that the effect of the European conspiracy on United States commerce gave rise to a claim, but not his particular claim. See Sniado v. Bank Austria AG, 174 F.Supp.2d. 159, 166 (S.D.N.Y.2001) (Schwartz, J.) (<HOLDING>). We vacated the district court’s dismissal and Options: A. holding that the plaintiffs argument rebutting the defendants legitimate nondiscriminatory reason on the plaintiffs discrimination claim also rebutted the defendants reason on the plaintiffs retaliation claim because they were the same B. holding the limitations to congresss commerce clause authority recognized in lopez have no effect on the establishment of the interstate commerce element of the hobbs act C. holding that the weight of authority supported defendants argument that 6a2 requires the effect on domestic commerce to give rise specifically to plaintiffs antitrust claim D. holding that a prior settlement of an antitrust conspiracy case and the resulting judgment dismissing the suit with prejudice could not have res judicata effect in a later suit against additional parties in which the plaintiffs alleged claims based on new types of antitrust violations that were not contemplated by the earlier settlement when it would have the effect of conferring on defendants partial immunity from civil liability for distinct future antitrust violations E. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing

assistant: The best answer is C. holding that the weight of authority supported defendants argument that 6a2 requires the effect on domestic commerce to give rise specifically to plaintiffs antitrust claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 367 U.S. 486 81 S.Ct. 1679 6 L.Ed.2d 1241 Leslie L. CONNERv.A. J. SIMILER. No. 685. Supreme Court of the United States June 12, 1961 Peyton Ford, for petitioner. John B. Ogden, for respondent. On Petition for Rehearing. PER CURIAM. 1 The petition for rehearing is granted. The order entered March 20, 1961, denying the petition for writ of certiorari is vacated and the petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit is granted. The Judgment is vacated and the case is remanded to the Court of Appeals for reconsideration in the light of Southard v. MacDonald, Okl., 360 P.2d 940. 2 THE CHIEF JUSTICE, Mr. Justice BLACK and Mr. Justice DOUGLAS dissent from vacation of the Court of Appeals judgment which held that the respondent Simler was entitled to have the facts of his case in the United States District Court determined by a jury as we believe is required by Rule 38 of the Federal Rules of Civil Procedure, 28 U.S.C.A., our prior decisions and the Seventh Amendment to the Constitution of the United States.

assistant: 1
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 event occurs or condition exists which, with notice or lapse of time or both, would make any Plan of any Credit Party subject to termination under subsections (1), (2) and (3) of Section 4042(a) of ERISA, or any Credit Party or any of their respective plan administrators shall have received notice from the PBGC indicating that it has made a determination that any Plan of any Credit Party is subject to termination under Section 4042(a)(4) of ERISA, or any Credit Party is subject to employer’s liability under Section 4062, 4063, or 4064 of ERISA, in each case under ERISA as now or hereafter amended.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto (a) consents to submit itself to the personal jurisdiction of federal or state courts of the State of Delaware in the event any dispute arises out of this Agreement or the transactions contemplated by this Agreement, (b) agrees that it shall not bring any action relating to this Agreement or the transactions contemplated by this Agreement in any court other than the federal or state courts of the State of Delaware, and each of the parties irrevocably waives the right to trial by jury, (c) agrees to waive any bonding requirement under any applicable law, in the case any other party seeks to enforce the terms by way of equitable relief, and (d) irrevocably consents to service of process by first class certified mail, return receipt requested, postage prepaid, to the address of such party’s principal place of business or as otherwise provided by applicable law. Each of the parties hereto irrevocably waives, and agrees not to assert, by way of motion, as a defense, counterclaim or otherwise, in any action, suit or other legal proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason, (b) that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment before judgment, attachment in aid of execution of judgment, execution of judgment or otherwise), and (c) to the fullest extent permitted by applicable law, that (i) such action, suit or other legal proceeding in any such court is brought in an inconvenient forum, (ii) the venue of such action, suit or other legal proceeding is improper or (iii) this agreement, or the subject matter hereof, may not be enforced in or by such court.

assistant: Jurisdictions
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 Purchaser agrees that it shall keep confidential and not divulge, furnish or make accessible to anyone, the confidential information concerning or relating to the business or financial affairs of the Company to which it has become privy by reason of this Agreement until such information has been publicly disclosed by the Company or until such information is no longer material.

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: At all times during the Term and for two years thereafter, Executive agree s that Executive will refrain from making public statements, written or oral, which criticize, disparage or defame the business, goodwill or reputation of ServiceMaster (including its products and services), its directors, officers, executives, subsidiaries, parent entities, and/or employees or making statements which could adversely affect the morale of other employees. At all times during the Term and for two years thereafter, the Company agrees that its active members of the Board and active named executive officers (each as in effect from time to time) will refrain from making public statements, written or oral, which criticize, disparage or defame Executive. Nothing in this Agreement, however, shall be construed to prevent Executive or the Company (including any of its representatives) from providing truthful testimony or information in response to any valid subpoena, court order, the request of any government agency or as otherwise required by law (including in connection with any whistleblower laws) , from rebutting false or misleading statem ents about the party by others or making normal competitive-type statements not in violation of Section 7(a) above . There shall be no third-party b eneficiaries of this Section 7(c) , other than applicable subsidiaries of the Company .

assistant: Non-Disparagement
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: our services are designed to promote economic opportunity for our members by enabling you and millions of other professionals to meet , exchange ideas , learn , and find opportunities or employees , work , and make decisions in a network of trusted relationships .

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: Borrower agrees to pay all losses, costs and expenses, including reasonable attorneys’ fees, in connection with the enforcement of the Note, the Loan Agreement and any other instruments and documents delivered in connection herewith sustained as a result of the occurrence of an Event of Default by Borrower.

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: that memoranda recommending continued wiretap authorization were protected by attorney work-product privilege). The court also agrees with DOJ that the action memoranda from OEO to the Assistant Attorney General recommending approval of the Title III requests, as well as email messages between the requesting and reviewing prosecutors, are protected under the deliberative process privilege. Def.’s Mem. at 22. Such documents are both “predecisional” and “deliberative,” as required to invoke that privilege. See Tax Analysts v. IRS, 117 F.3d 607, 616 (D.C.Cir.1997); see also Wolfson, 672 F.Supp.2d at 30 (finding that memoranda recommending intercept authorization were covered by the deliberative process privilege); Gov’t Accountability Project v. DOJ, 852 F.Supp.2d 14, 25-26 (D.D.C. 2012) (<HOLDING>). The court is unpersuaded by Plaintiffs effort Options: A. recognizing application of federal deliberative process privilege to internal state communications B. holding that emails among prosecutors relating to decision not to prosecute were covered by the deliberative process privilege C. holding that in analyzing whether materials are protected from disclosure under exemption 5 of foia which protects materials covered by the deliberative process privilege a court must first be able to pinpoint an agency decision or policy to which these documents contributed and stating that the decision whether to prosecute an individual is the type of decision protected by the privilege D. holding that there is no statutory deliberative process privilege in arizona and declining to create such a privilege under the common law E. holding that internal emails about how to present an agency decision to the public were covered by the deliberative process privilege

assistant: The best answer is B. holding that emails among prosecutors relating to decision not to prosecute were covered by the deliberative process privilege
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: protection clause because the PRC districts are not equally apportioned on the basis of population. Cf. Connor v. Finch, 431 U.S. 407, 416, 97 S.Ct. 1828, 52 L.Ed.2d 465 (1977) (“The Equal Protection Clause requires that legislative districts be of nearly equal population, so that each person’s vote may be given equal weight in the election of representatives.”). “In calculating the deviation among districts, the relevant inquiry is whether the vote of any citizen is approximately equal in weight to that of any other citizen, the aim being to provide fair and effective representation for all citizens.” Board of Estimate of City of New York v. Morris, 489 U.S. 688, 701, 109 S.Ct. 1433, 103 L.Ed.2d 717 (1989) (internal quotation marks and citations omitted); id. at 703, 109 S.Ct. 1433 (<HOLDING>). {49} The record is devoid of any evidence Options: A. holding prima facie case met by evidence that 836 of jury pools had high school diplomas while only 432 of population over 25 did and proof that 181 of pool had college degrees as compared with 5 of population B. holding that a population deviation of 78 violated the oneperson onevote ideal C. holding that removal from house arrest and return to general prison population was a matter of inmate classification D. holding that an apportionment plan with a maximum population deviation under 10 falls within the category of minor deviations from mathematical equality among state legislative districts that are insufficient to make out a prima facie case of invidious discrimination under the fourteenth amendment notwithstanding that the plain language of the constitution references no such statistical threshold E. holding that proof that 836 of jury pools had high school diplomas while only 432 of population over 25 did and proof that 181 of pool had college degree as compared with 5 of the population gave rise to inference of discrimination

assistant: The best answer is B. holding that a population deviation of 78 violated the oneperson onevote ideal
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 these terms are amended , we shall display the revised terms and conditions on or via the skyscanner services and/or skyscanner platforms and you will be deemed to have accepted any amendments if you continue using the skyscanner services and/or skyscanner platforms after the amendments are displayed .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties represents and warrants to the other party that: (a) such party has all requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder, (b) this Agreement has been duly and validly authorized, executed and delivered by it and is a valid and binding obligation of such party, enforceable against such party in accordance with its terms (subject to applicable bankruptcy and similar laws relating to creditors’ rights and to general equity principles), and (c) this Agreement will not result in a violation of any terms or conditions of any agreements to which such Person is a party or by which such party may otherwise be bound or of any law, rule, license, regulation, judgment, order or decree governing or affecting such party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 168 Vt. at 485, 726 A.2d at 25. ¶ 54. The broad public benefit that underlies all of the statutory exemptions, however, is different from the distinctly public character that we require of property in order to specifically qualify as a “public” use. As we explained in American Museum, the public-use exemption exists “ ‘for the performance of service essentially public in nature . . . and, in so doing, assumes a share of the public burden.’ ” 151 Vt. at 109, 557 A.2d at 904 (quoting English Language Ctr., Inc. v. Town of Wallingford, 132 Vt. 327, 329-30, 318 A.2d 180, 182 (1974)) (emphasis added). We have suggested that a similar public character must inhere in certain “charitable” uses in order to qualify for the statutory exemption. See MacDonough-Webster, 2003 VT 70, ¶ 16 (<HOLDING>). ¶ 55. To expect, however, that a church or Options: A. holding that a fraternal lodge which did not benefit an indefinite segment of the public at large could not qualify for the charitableuse exemption of 462 B. holding that an issue is a matter of substantial public importance where it involves the use of property in a large subdivision and involves the rights of a large number of people C. holding that the tennessee statute providing an exemption for a life insurance policy made for the benefit of the insureds spouse andor children or dependent relatives allows for the exemption of the cash surrender values of such policies D. holding that no public policy stated where employee and not public at large would benefit from employees whistleblowing actions E. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public

assistant: The best answer is A. holding that a fraternal lodge which did not benefit an indefinite segment of the public at large could not qualify for the charitableuse exemption of 462
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: result in permanent disability or permanent disfigurement.’ See State v. McDonald, 785 So.2d 640, 646 (Fla. 2d DCA 2001).” In King, this court reviewed the child abuse conviction of a school administrator who had paddled a child in conformity with an established school disciplinary policy. The parents of each child at the school had been informed of and consented to that policy. According to our opinion, the paddling left “significant welts and bruises on [the child’s] buttocks as a result of the paddling, but [the injuries] did not require medical treatment.” Id. at 955. We classified the paddling as “corporal punishment” and held, “[T]he spanking did not constitute felony child abuse as a matter of law.” Id. at 955, 956; see also State v. Figarola, 788 So.2d 1109 (Fla. 3d DCA 2001) (<HOLDING>). This case is obviously distinguishable on its Options: A. holding that fathers act of twice striking son in the face splitting his lip and forcing child to eat food as punishment for childs failure to eat the dinner father prepared and served was not felony child abuse as a matter of law B. holding that the trial court did not err in allowing a witness to testify regarding the child victims hearsay statements prior to the child testifying because ocga 24316 allows testimony about a childs outofcourt statements even in cases when the child does not appear as a witness as long as the child is available at the trial to testify C. holding that plaintiff had not raised a triable issue of fact as to impairment of eating as substantial life activity where his diabetes required him to eat regular and small meals D. holding that termination of fathers parental rights should be reversed since it was done to facilitate childs adoption and would prejudice rights of child and mother to receive support from father E. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity

assistant: The best answer is A. holding that fathers act of twice striking son in the face splitting his lip and forcing child to eat food as punishment for childs failure to eat the dinner father prepared and served was not felony child abuse as a matter of 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 legal provision and list the applicable contract clause categories. Provision: This rights and obligations under this Agreement and the attached Release shall be binding upon and inure to the benefit of Employee’s heirs and legal representatives. This Agreement may be transferred, assigned or delegated, in whole or in part, by the Company to its successors and assigns, and the rights and obligations of this Agreement shall be binding upon and inure to the benefit of any successors or assigns of the Company, and Employee will remain bound to fulfill Employee’s obligations hereunder. Employee may not, however, transfer or assign his rights or obligations under this Agreement.

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: This Agreement may be executed by the parties hereto in one or more separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of a number of copies hereof each signed by less than all, but together signed by all, of the parties hereto. Any facsimile or other electronic signature attached hereto shall be deemed to be an original and shall have the same force and effect as an original signature.

assistant: Counterparts