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: in light of the instruction in Sheppard that “conflict-free counsel is not necessary when the motion’s allegations are conclusively refuted by the record.” Smith v. State, 21 So.3d 72, 76 (Fla. 1st DCA 2009). In Smith, we applied Sheppard under facts similar to those in the instant case, where the trial court struck a represented defendant’s pro se motion as a nullity. There, we conducted a de novo review to determine whether the trial court’s decision to strike the appellant’s motion would be affirmable even if reached for the wrong reason. We found that even where allegations “are sufficient to invoke the requirement to hold a limited hearing under Sheppard” a harmless error analysis would be appropriate. Id. at 76; see also Johnson v. State, 22 So.3d 840, 844 (Fla. 1st DCA 2009) (<HOLDING>). Here, the transcript of the plea colloquy Options: A. holding that where the coercion alleged to enter a plea is legally insufficient or conclusively refuted by the record there is no need to hold an evidentiary hearing or appoint conflictfree counsel B. holding that postconviction allegations directly refuted by the trial record are without merit C. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing D. holding that a postconviction claim that is refuted by the record is without merit E. holding that a trial courts failure to hold a sheppard hearing may be considered harmless if the allegations in the rule 3170z motion are conclusively refuted by the record

assistant: The best answer is E. holding that a trial courts failure to hold a sheppard hearing may be considered harmless if the allegations in the rule 3170z motion are conclusively refuted by the record
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 Award Agreement shall be binding upon, and inure to the benefit of, the Company and its successors and assigns, and any person acquiring all or substantially all of the Company's assets or business. If any rights of the Participant or benefits distributable to the Participant under this Award Agreement have not been settled or distributed at the time of the Participant's death, such rights shall be settled for and such benefits shall be distributed to the Designated Beneficiary in accordance with the provisions of this Award Agreement and the Plan. The " Designated Beneficiary " shall be the beneficiary or beneficiaries designated by the Participant in a writing filed with the Committee in such form as the Committee may require. The Participant's designation of beneficiary may be amended or revoked by the Participant in accordance with any procedures established by the Committee. If a Participant fails to designate a beneficiary, or if the Designated Beneficiary does not survive the Participant, any benefits that would have been provided to the Participant shall be provided to the legal representative of the estate of the Participant. If a Participant designates a beneficiary and the Designated Beneficiary survives the Participant but dies before the provision of the Designated Beneficiary's benefits under this Award Agreement, then any benefits that would have been provided to the Designated Beneficiary shall be provided to the legal representative of the estate of the Designated Beneficiary.

assistant: Successors
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 terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before November 7, 2016; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

assistant: Terminations
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: There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the issuance of the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof (in such capacity), is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the SEC involving the Company or any current or former director or officer of the Company. The SEC has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, and the Executive’s rights and obligations hereunder, may not be assigned by the Executive; any purported assignment by the Executive in violation hereof shall be null and void. In the event of any sale, transfer or other disposition of all or substantially all of the Company’s assets or business, whether by merger, consolidation or otherwise, the Company may assign this Agreement and its rights hereunder, provided that the successor or purchaser agrees, as a condition of such transaction, to assume all of the Company’s obligations hereunder.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: therefore , your decision to submit any unsolicited ideas and materials to linden lab does not place linden lab in a position that is any different from the position held by members of the general public with regard to your unsolicited ideas and materials .

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 Nexity expected to conduct an IPO in the latter part of 2000, the POM also contained explicit warnings that such an IPO might never occur. The POM stated that “no decision regarding such offer has been made ... [and] [t]here is no assurance that a public offer can be made on terms ... acceptable to Nexity.” Thus, Nexity pointed out that its stock might not be traded publicly and that, if it were not, the investors “will be limited in their ability to resell shares.” These cautionary statements directly relate to the alleged misrepresentation at issue. Nexity’s statements regarding the possibility of conducting an IPO in context with these cautionary statements would not have misled a reasonable investor. See P. Stolz Family P’ship L.P. v. Daum, 355 F.3d 92, 98 (2d Cir.2004)(<HOLDING>); Halperin v. eBanker USA.com, Inc., 295 F.3d Options: A. holding that future predictions and opinions especially those regarding future profitability of business cannot form basis for fraud as matter of law B. holding that cautionary statements neutralized any misrepresentations regarding future ipos C. holding that in texas future predictions and opinions especially those regarding the future profitability of a business cannot as a matter of law form a basis for fraud D. holding that expressions of belief or opinion regarding the future of plaintiffs and defendants respective businesses and promissory statements of future intent do not violate the udtpa E. holding that vague on schedule and on track statements were immaterial misrepresentations

assistant: The best answer is B. holding that cautionary statements neutralized any misrepresentations regarding future ipos
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 CREDIT AGREEMENT, AS AMENDED BY THIS FIFTH AMENDMENT, AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AS TO THE SUBJECT MATTER THEREIN AND HEREIN AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES.

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: Executive agrees to cooperate, in a reasonable manner and at the expense of the Company, with the Company and its attorneys, both during and after the termination of Executive’s employment, in connection with any litigation or other proceeding arising out of or relating to matters in which Executive was involved prior to the termination of Executive’s employment so long as such cooperation does not materially interfere with Executive’s employment or consulting. In the event that such cooperation is required after the termination of the Executive’s employment with the Company and its Subsidiaries, the Company shall pay the Executive at the rate of $7,500 per day and out-of-pocket expenses approved in advance by the Company after presentation by the Executive of reasonable documentation related thereto.

assistant: Cooperation
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 majority that the solicitation did not constitute an offer. Plaintiff argues that California law governs the parties’ agreement. But even under California law, "[a]n offer is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it." Donovan v. RRL Corp., 26 Cal.4th 261, 109 Cal.Rptr.2d 807, 27 P.3d 702, 709 (2001) (emphasis added) (internal quotation marks omitted). Here, the solicitation made it clear that sending in the application did not, by itself, consummate the agreement. The solicitation listed a number of contingencíes under which Plaintiff's application could be rejected. See Lopez v. Charles Schwab & Co., 118 Cal.App.4th 1224, 13 Cal.Rptr.3d 544 (2004) (<HOLDING>). In addition, because I too would hold that Options: A. holding that fathers investment account with stock brokerage firm was not a multipleparty account available for payment of child support B. holding that the map a seller supplied to a broker at the time the brokerage contract was signed was intended by the parties to constitute the legal description in the brokerage contract C. holding that an application containing the statement i hereby request that the defendant open a brokerage account did not create an enforceable contract D. holding that the medicaid statute did not create an enforceable cause of action against a private health care facility E. holding unenforceable a real estate contract that provided for the payment of brokerage fees to an unlicensed corporation

assistant: The best answer is C. holding that an application containing the statement i hereby request that the defendant open a brokerage account did not create an enforceable contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the complaint is reviewed for an abuse of discretion. Wagner v. Strickland, 908 So.2d 549 (Fla. 1st DCA 2005). If a plaintiff shows good cause or excusable neglect, the court must extend the time for service of process and has no discretion to do otherwise; however, if neither good cause nor excusable neglect is shown, the trial court is not required to dismiss the action without prejudice but is left to exercise its discretion. Pixton v. Williams Scotsman, Inc., 924 So.2d 37 (Fla. 5th DCA 2006). Here, without having a transcript of the hearings conducted below, we are unable to determine that the trial court committed any error in dismissing Robinson’s complaint. Accordingly, we affirm the instant dismissal order. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979)(<HOLDING>); Maslow v. Edwards, 886 So.2d 1027 (Fla. 5th Options: A. holding that appellate review of hearsay issues is de novo with no presumption of correctness B. holding that it is the appellants burden to present a record to overcome the presumption of correctness of the trial courts findings C. holding that it is the duty of the appellant to overcome the presumption of the correctness of the trial courts judgment by demonstrating some reversible error D. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error E. holding in appellate proceedings decision of trial court has presumption of correctness and burden is on appellant to demonstrate error

assistant: The best answer is E. holding in appellate proceedings decision of trial court has presumption of correctness and burden is on appellant to demonstrate error
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 exercise of the SARs shall be subject to compliance by the Company and the Grantee with all Applicable Laws, including the requirements of any stock exchange on which the Company’s shares of Common Stock may be listed. The Grantee may not exercise the SARs if such exercise would violate any applicable Federal or state securities laws or other laws or regulations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: attack. Rule 5-802(A). Being denied the right to vote is not part of a defendant’s felony conviction and sentence. It is simply a collateral consequence of that conviction and sentence. See N.M. Const. art. VII, § 1; NMSA 1978, § 31-13-1(A) (2005). Moreover, being denied the right to vote, even if the deprivation is wrongful, does not subject a person to custody or restraint. Cummings is not alleging that his underlying conviction and sentence is illegal or that he is being denied a right that would hasten his release from custody, but only that the district court made a clerical error, which wrongly denied him the right to vote. Relief for such an error cannot be had by way of a writ of habeas corpus. Cf. Canfield v. Bradshaw, No. 3:05 CV 2343, 2007 WL 397019, at *6 (N.D.Ohio 2007) (<HOLDING>). Therefore, we dismiss this ease and affirm Options: A. holding that because the real id act created a remedy as broad in scope as a habeas petition the act is an adequate substitute for habeas corpus B. holding that active jurisdiction arose when the petitioner was detained for purposes of habeas corpus when the petition was filed C. holding that a petition for review is an adequate substitute for habeas corpus D. holding that a habeas corpus petitioner who did not raise an ineffective assistance claim in his first state habeas petition satisfied the cause prong of the cause and prejudice test when counsel on the first state habeas petition was also trial counsel whose performance was allegedly inadequate E. holding that a habeas corpus petition was not a valid avenue for seeking a determination that the petitioner was erroneously classified as a sexual predator

assistant: The best answer is E. holding that a habeas corpus petition was not a valid avenue for seeking a determination that the petitioner was erroneously classified as a sexual predator
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 Board with her notice of appeal and does not comport with the precedent of Fay. IV. Substantial Compliance ¶13 Last, Krawiec contends that the superior court erred in dismissing her appeal because she substantially complied with the service requirements of RCW 51.52.110. Again, we disagree. ¶14 “Substantial compliance is generally defined as actual compliance with the ‘substance essential to every reasonable objective’ of a statute.” Hernandez, 107 Wn. App. at 196 (quoting Cont’l Sports Corp. v. Dep’t of Labor & Indus., 128 Wn.2d 594, 602, 910 P.2d 1284 (1996)). The doctrine of substantial compliance, though, does not save the failure to comply with statutory time limits, such as the 30-day filing and service requirements of RCW 51.52.110. See, e.g., Petta, 68 Wn. App. at 409-10 (<HOLDING>); see also Humphrey Indus., Ltd. v. Clay St. Options: A. holding that strict compliance is not required B. holding that the defendants failure to timely serve a notice of appeal and docketing statement did not prejudice the plaintiff and therefore would not serve as a basis to dismiss the appeal C. holding that where a party has insisted on strict compliance with the contracts terms the doctrine of substantial performance does not apply D. holding that failure to serve required party under rcw 5152110 was not substantial compliance E. holding that substantial compliance with notice is sufficient

assistant: The best answer is D. holding that failure to serve required party under rcw 5152110 was not substantial compliance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , if you only own the rights in and to a sound recording , but not to the underlying musical works embodied in such sound recordings , then you must not post such sound recordings to the service unless you have all necessary rights , authorizations , and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to the company under these terms .

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 Partnership shall pay, or cause to be paid, all costs, fees, operating expenses and other expenses of the Partnership (including the costs, fees and expenses of attorneys, accountants or other professionals) incurred in pursuing and conducting, or otherwise related to, the activities of the Partnership. The Partnership shall also, in the sole discretion of the General Partner, bear and/or reimburse the General Partner for (i) any costs, fees or expenses incurred by the General Partner in connection with serving as the General Partner, (ii) all other expenses allocable to the Partnership or otherwise incurred by the General Partner in connection with operating the Partnership’s business (including expenses allocated to the General Partner by its Affiliates) and (iii) all costs, fees or expenses owed directly or indirectly by the Partnership or the General Partner to the Issuer General Partner pursuant to their reimbursement obligations under, or which are otherwise allocated to the General Partner pursuant to, the Issuer Partnership Agreement. To the extent that the General Partner determines in its sole discretion that such expenses are related to the business and affairs of the General Partner that are conducted through the Partnership and/or its subsidiaries (including expenses that relate to the business and affairs of the Partnership and/or its subsidiaries and that also relate to other activities of the General Partner), the General Partner may cause the Partnership to pay or bear all expenses of the General Partner, including, without limitation, compensation and meeting costs of any board of directors or similar body of the General Partner, any salary, bonus, incentive compensation and other amounts paid to any Person including Affiliates of the General Partner to perform services for the Partnership, litigation costs and damages arising from litigation, accounting and legal costs and franchise taxes, provided that the Partnership shall not pay or bear any income tax obligations of the General Partner. Reimbursements pursuant to this Section 3.03 shall be in addition to any reimbursement to the General Partner as a result of indemnification pursuant to Section 10.02.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the laws of the State of Nevada without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note shall be brought only in the federal courts located in New York State. The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Company and Holder waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Note or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by 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 case excerpt and choose the best holding from the options. Case excerpt: 201 F.R.D. at 294. Accordingly, as the Court may reasonably infer that the 378 consumers are similarly situated, the Court finds that Fed.R.Civ.P. 23(a)(1)’s numerosity requirement has been met. 2. Commonality “To satisfy the commonality requirement of Rule 23(a)(2), there must be ‘a showing that common issues of fact or law exist and that they affect all class members.’” Kowalski, 2012 WL 1097350, at *13 (quoting Leone v. Ashwood Fin., Inc., 257 F.R.D. 343, 351 (E.D.N.Y.2009)). However, the individual circumstances of the class members can differ without precluding class certification, so long as “the common questions are at the core of the cause of action alleged.” Vengurlekar v. Silverline Techs., Ltd., 220 F.R.D. 222, 227 (S.D.N.Y.2003); see also Kowalski, 2012 WL 1097350, at *13 (<HOLDING>) (citations and internal quotation marks Options: A. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members B. holding that the fourth amendment does not mandate payment and therefore such claims are not within the jurisdiction of the court C. holding that the commonality standard does not mandate that the claims of the lead plaintiff be identical to those of all other plaintiffs but does require that plaintiffs identify some unifying thread among the members claims that warrants class treatment D. holding that it is not necessary that all putative class members share identical claims E. holding that the pslra does not mandate nor does it suggest that a court approved lead plaintiff must republish a notice of the purported class after an amended complaint is filed in cases where amended complaints encompassed the same claims and securities but different class periods courts have generally found that the efficiency of republication outweighs the marginal fairness gains of notifying class members of an extended class period

assistant: The best answer is C. holding that the commonality standard does not mandate that the claims of the lead plaintiff be identical to those of all other plaintiffs but does require that plaintiffs identify some unifying thread among the members claims that warrants class treatment
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: or total cancellation or rescission, and this rule has been repeatedly asserted by this Court. Id. at 84, 76 S.E. at 124-25; accord Syl. Pt. 3, Core v. New York Petroleum Co., 52 W.Va. 276, 43 S.E. 128 (1903) (“Under such a lease, the remedy for a breach of an implied covenant is ordinarily not by way of forfeiture of the lease in whole or in part, but by an action for damages caused by such breach.”). The preference for legal remedies over equitable ones with regal'd to oil and gas lease disputes evolved as a natural result of the legal system “favor[ing] ... the vesting of estates” based upon the significant investment intrinsic to oil and gas exploration and development. United Fuel, 93 W.Va. at 655, 117 S.E. at 904; see Brewster v. Lanyon Zinc Co., 140 F. 801, 814 (8th Cir.1905) (<HOLDING>). Notwithstanding this leaning towards monetary Options: A. recognizing that the right of partition is an incident of common ownership B. recognizing large expense incident to the work of exploration and development C. holding single incident of sexual harassment was neither sufficiently pervasive nor severe to constitute a hostile work environment D. holding that the court had no obligation to search large record extract E. recognizing that the work to be completed in accordance with the time limits of section 6 is the work for which lien enforcement is sought

assistant: The best answer is B. recognizing large expense incident to the work of exploration and development
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 has a one-year term from the Effective Date and shall continue in full force until the first anniversary of the Effective Date. Thereafter, this Agreement may be renewed for an unlimited number of successive one-year terms upon mutual consent of the parties. It is the Board’s duty to evaluate the performance of the Advisor annually before reentering into or renewing this Agreement, and each such renewal shall be for a term of no more than one year. Any such renewal must be approved by the Independent Directors. If this Agreement is not renewed by either party, the notice provisions of Section 13.02 shall apply to such determination to not renew.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.3d 832, 834 (6th Cir.2013) (considering the district court’s written opinion memorializing a prior oral ruling, even though opinion was written after notice of appeal); In re Grand Jury Proceedings Under Seal, 947 F.2d 1188, 1190 (4th Cir.1991) (same); Blaine v. Whirlpool Corp., 891 F.2d 203, 204 (8th Cir.1989) (same). In fact, the Court of Appeals for the Eleventh Circuit has specifically held that a sentencing court has jurisdiction to issue a post-judgment, post-appeal supplemental order detailing its rationale for a sentencing departure because such an order facilitates, rather than interferes with, the review of the appeal. See United States v. Vernier, 152 Fed.Appx. 827, 835-836 (11th Cir.2005). 2 . Skilling v. United States, 561 U.S. 358, 130 S.Ct. 2896, 177 L.Ed.2d 619 (2010) (<HOLDING>); United States v. Skilling, No. 4:04-CR-25-2 Options: A. holding honest services statute covers only bribery and kickback schemes B. holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001 C. holding that 2000e16 covers only those individuals in a direct employment relationship with a government employer D. recognizing that generally services that benefit debtor are services that facilitate completion of a case E. holding good faith and honest error in judgment instructions erroneously imply only badfaith and dishonest deviations actionable

assistant: The best answer is A. holding honest services statute covers only bribery and kickback schemes
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 financially able to pay and the other defendants are not, the other defendants’ culpability is demonstrably greater. The government charged, and the jury found, that defendants engaged in a single, continuing conspiracy to rig bids on certain cost-plus contracts between 1981 and 1984. It is well-established that, as a participant in this conspiracy, MIA is legally liable for all the acts of its co-conspirators in furtherance of this crime. See United States v. Kissel, 218 U.S. 601, 608, 31 S.Ct. 124, 126, 54 L.Ed. 1168 (1910) (“[T]he conspiracy continues up to the time of abandonment or success.”) (“A conspiracy is a partnership in criminal purposes ... [and] an overt act of one partner may be the act of all without any new agreement specifically directed to tha , 435 (9th Cir.1987) (<HOLDING>), cert. denied, 484 U.S. 1042, 108 S.Ct. 773, Options: A. recognizing forfeiture liability among criminal confederates to be joint and several B. holding that the repair or replace limitation of liability capped the insurers liability at the amount necessary to return the car to substantially the same condition as before the loss and did not include liability for loss due to stigma on resale C. holding that joint and several liability for entire actual loss could have been imposed on each fraud defendant as condition of probation D. holding that an intended loss cannot exceed the loss a defendant could have occasioned if his or her fraud had been entirely successful E. holding proposition 51 which eliminated joint and several liability for noneconomic damages to have prospective effect only

assistant: The best answer is C. holding that joint and several liability for entire actual loss could have been imposed on each fraud defendant as condition of probation
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: There are no investigations, actions, suits or proceedings pending or, to its knowledge, threatened against Borrower, General Partner or any of their Affiliates before any court or arbitrator or any Governmental Authority reasonably likely to (i) have a material effect on Borrower’s ability to repay the Loans, (ii) except with respect to matters existing as of the Escrow Date as disclosed and specifically identified in General Partner’s SEC Reports prior to the Escrow Date, result in a Material Adverse Change, or (iii) affect the validity or enforceability of any Loan Document.

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: zynga may , in its sole discretion limit , suspend , terminate , modify , or delete accounts or access to the service or any portion of it and prohibit access to our games and sites , and their content , services and tools , delay or remove hosted content and zynga is under no obligation to compensate you for any such losses or results .

assistant: Content removal, Unilateral termination
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: None of the Agents nor any Lender shall disclose any confidential information relating to Mondelēz or any Borrower to any other Person without the consent of Mondelēz, other than (a) to such Agent’s or such Lender’s affiliates and their officers, directors, employees, agents, advisors, insurers and re-insurers, rating agencies, market data collectors, credit insurance providers, any direct, indirect, actual or prospective counterparty (and its advisor) to any swap, derivative or securitization transaction related to the obligations under this Agreement and, as contemplated by Section 9.07(f), to actual or prospective assignees and participants, and then, in each such case, only on a confidential basis; provided , however , that such actual or prospective assignee or participant shall have been made aware of this Section 9.12 and shall have agreed to be bound by its provisions as if it were a party to this Agreement, (b) as required by any law, rule or regulation or judicial process, (c) as requested or required by any state, federal or foreign authority or examiner regulating banks or banking or other financial institutions, including in connection with the creation of security interests as contemplated by Section 9.07(g) and (d) in connection with enforcing or administering this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: duolingo may terminate your access and use of the service immediately at any time , for any reason , and at such time you will have no further right to use the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by the Disclosure Time, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications and notices hereunder shall be in writing and given as provided in Section 10.02 of the Credit Agreement. All communications and notices hereunder to each Subsidiary Guarantor shall be given to it at its respective address set forth in Schedule I with a copy to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Maker will, at its expense, at any time and from time to time, promptly execute and deliver all further instruments and documents and take all further action that the Holder may reasonably request in order to: (i) perfect and protect the security interest of the Holder created hereby; (ii) enable the Holder to exercise and enforce its rights and remedies hereunder in respect of the Collateral.

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: As of the Funding Date, no Loan Party has any Subsidiaries other than those specifically disclosed in Schedule 1(a) of the Perfection Certificate and all of the outstanding Equity Interests in such Subsidiaries that are Collateral have been validly issued, are fully paid and non-assessable and are owned by a Loan Party in the amounts specified on Schedules 9(a) and 9(b) to the Perfection Certificate free and clear of all Liens except those permitted under Section 7.01 . All of the outstanding Equity Interests in the Borrower have been validly issued, are fully paid and non-assessable. On and after the Funding Date as and when required by Section 6.17, all Subsidiaries (other than Excluded Subsidiaries, together with any other Subsidiary as of the Funding Date that is not listed on Schedule 1 to the Perfection Certificate delivered on the Funding Date) are Loan Parties. Set forth on Schedule 1 to the Perfection Certificate is a complete and accurate list of all Loan Parties as of the Funding Date, showing as of the Funding Date (as to each Loan Party) the jurisdiction of its organization, the address of its principal place of business and its U.S. taxpayer identification number or, in the case of any Loan Party that is not organized under the laws of one of the states of the United States that does not have a U.S. taxpayer identification number, its unique identification number issued to it by the jurisdiction of its incorporation. The copy of the charter of each Loan Party and each amendment thereto provided pursuant to Section 4.01(a)(ii) (in the case of the Initial Borrower) or Section 4.02(b)(x) (in the case of each other Loan Party) is a true and correct copy of such document as of the Effective Date (in the case of the Initial Borrower) or the Funding Date (in the case of each other Loan Party), and is valid and in full force and effect as of the Effective Date (in the case of the Initial Borrower) or the Funding Date (in the case of each other Loan Party).

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 case excerpt and choose the best holding from the options. Case excerpt: this assertion and appellant has failed to offer other relevant authority concerning his point of error. See Tex.R.App.Proc. 38.1(f)-(h) (formerly Tex.R.App.Proc. 74(f)). MEYERS, Judge, concurring. The majority either assumes the trial court had the foresight to consider factors this Court would, more than two years later, recognize as important in assessing admissibility of victim related evidence at punishment in a capital murder case or undertakes the appropriate consideration of such factors itself in a kind of silent de novo review to which no one is privy. In either case, I decline to join them. At the time of appellant’s trial admissibility of victim related evidence at punishment was, at the very most, questionable. Mosley v. State, 983 S.W.2d at 262 (Tex.Crim.App.1998)(<HOLDING>). A majority of the Court in Mosley rendered Options: A. recognizing this rule B. recognizing that in the context of the open fields doctrine ajlthough the decisions in this state may be somewhat more restrictive than those in other states or than federal decisions no compelling reason has been demonstrated in this case for modifying or overruling them C. recognizing the uncertain state of federal law in this area D. recognizing that individualized sentencing has long been a cornerstone to wisconsins criminal justice jurisprudence E. recognizing our jurisprudence in this area has been somewhat inconsistent and confusing

assistant: The best answer is E. recognizing our jurisprudence in this area has been somewhat inconsistent and confusing
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: scheme, Georgia is noncompliant with § 1973ff-l(a)(8)(A)’s forty-five day absentee ballot transmittal requirement as it applies to runoff elections: the candidates for a primary runoff election will be de , 21 L.Ed.2d 24 (1968) (recognizing the right of voters “to cast their votes effectively,” which “of course, rank[s] among our most precious freedoms”). The harm at issue in this case is a violation of UOCAVA’s forty-five day deadline that protects the franchise of United States citizens overseas; the failure to comply with that deadline is an irreparable harm. See United States v. Alabama, 857 F.Supp.2d 1236, 1241-42 (M.D.Ala.2012); see also Marchant v. N.Y. City Bd. of Elections, 815 F.Supp.2d 568, 578 (E.D.N.Y.2011) (citing Williams v. Salerno, 792 F.2d 323, 326 (2d Cir.1986) (<HOLDING>)). b. Remedies Available at Law Are Inadequate Options: A. recognizing that not all constitutional harms are synonymous with irreparable harm and that mere assertion of a first amendment right does not automatically require a finding of irreparable harm rather the movant must show a chilling effect on protected activity B. holding that the threat of irreparable harm must be immediate C. holding that the right to vote is fundamental D. holding that an infringement on the right to vote necessarily causes irreparable harm E. holding that a fair referendum assuring the equal right to vote under 101a1 includes the right of members to have the vote scheduled at a time when they can exercise their vote and the right to be free from intimidation or fear of reprisal

assistant: The best answer is D. holding that an infringement on the right to vote necessarily causes irreparable harm