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: activities may be infused with doctrinal and spiritual content, though the cleric is providing secular services regarding marital discord, depression, anxiety and parent-child conflicts. We conclude that one test to determine whether a cause of action against a cleric is cognizable in civil courts is whether adjudication of the claim requires an evaluation of dogma or ritual, or other matters of purely ecclesiastical concern. In the present case, it is unlikely that defendants will assert that sex with a counselee by a pastoral counselor is sanctioned by or somehow involves tenets of the Episcopalian church, or would otherwise create an entanglement with religious beliefs or rituals of First Amendment concern. See Strock v. Pressnell, 38 Ohio St.3d 207, 527 N.E.2d 1235 (1988) (<HOLDING>). Moreover, there is a bright line between Options: A. holding that first amendment barred negligent supervision claim against a church regarding sexual relationship between adult parishioner and priest during the course of a marital counseling B. holding that the first amendment was not available as a defense in action against minister who had sexual relations with plaintiffs wife while counseling the couple regarding their marital difficulties C. holding that first amendment barred adult parishioner who engaged in sexual relationship with priest during the course of pastoral counseling from bringing intentional infliction of emotional distress negligence and breach of fiduciary duty claims D. holding that first amendment barred consideration of negligent supervision claim against diocese for sexual relationship between adult parishioner and priest while the priest was counseling the parishioner in his position as a hospital chaplain E. recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights

assistant: The best answer is B. holding that the first amendment was not available as a defense in action against minister who had sexual relations with plaintiffs wife while counseling the couple regarding their marital difficulties
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: which forbids out-of-state couples from traveling to Massachusetts in order to avoid the laws of their states, is presumed constitutional and is being evenhandedly applied. The plaintiffs have not met their heavy burden of overcoming the presumption of constitutionality which attaches to the statute. Privileges and Immunities Clause The plaintiffs’ principal challenge is made under the Privileges and Immunities Clause of Art. 4, §2 of the United States Constitution, which provides that “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” The Clause “establishes a norm of comity . . . that is to prevail among the States with respect to their treatment of each other’s residents.” Matter of Jadd, 391 Mass. 227, 228 (1984) (<HOLDING>), quoting Hicklin v. Orbeck, 437 U.S. 518, Options: A. holding that a supreme judicial court rule that an attorney seeking admission to the massachusetts bar must be a resident of the commonwealth violates the privileges and immunities clause of the united states constitution B. holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states C. holding that the contracts clause article i section 10 clause 1 to the united states constitution does not apply to the actions of the federal government D. holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution E. holding that our courts are bound by the united states supreme courts interpretation of the federal constitution

assistant: The best answer is A. holding that a supreme judicial court rule that an attorney seeking admission to the massachusetts bar must be a resident of the commonwealth violates the privileges and immunities clause of the united states constitution
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: “[W]e will not substitute our own judgment for the district court’s on the question of what is sufficient to meet the § 3553(a) considerations in any particular case.” Id. The district court did not abuse its discretion in imposing the sentence here. In weighing the Section 3553(a) factors, the district court discussed Garcia’s history and characteristics, noting that his prior cooperation, which apparently saved the lives of two government officials, was an “appropriate consideration.” Where, as here, the district court considered this fact in imposing sentence, we will not second guess the weight it accorded this factor, “as long as the sentence ultimately imposed is reasonable in light of all the circumstances presented.” United States v. Fernandez, 443 F.3d 19, 32 (2d Cir.2006) (<HOLDING>), abrogated on other grounds by Rita v. United Options: A. recognizing that many of the 3553a factors are already incorporated into any guidelines determination and the 3553a factors can themselves overlap B. recognizing that the weight to be afforded any given argument made pursuant to one of the section 3553a factors is a matter firmly committed to the discretion of the sentencing judge C. holding that a sentencing judge would commit a statutory error if the judge failed to consider the applicable guidelines range as well as the other factors listed in section 3553a D. holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors E. holding that the jury is the judge of the weight and credibility given to witness testimony

assistant: The best answer is B. recognizing that the weight to be afforded any given argument made pursuant to one of the section 3553a factors is a matter firmly committed to the discretion of the sentencing judge
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and registered security associations, including power to mandate adoption of any rules to ensure arbitration procedures adequately protect statutory rights). Because Ottman signed the U-4 registration agreement, compulsory arbitration does not violate his right to a jury trial. III. The employer argues monetary sanctions should be imposed against Ottman because he “persists in advancing” legal positions not well grounded in fact or law. See Minn.Stat. § 549.21, subd. 2 (1996) (court may, in its discretion, award costs, including reasonable attorney fees, against party who acted in bad faith or asserted an unfounded position solely to delay course of proceedings), repealed by 1997 Minn. Laws ch. 213, art. 2, § 6; Radloff v. First Am. Nat’l Bank, 470 N.W.2d 154, 157 (Minn.App.1991) (<HOLDING>), review denied (Minn. July 24, 1991). But see Options: A. holding award of sanctions permissible where appellant asserted multiple baseless causes of action that resulted in increased cost for all parties and distracted courts attention from any meritorious claims B. holding sanctions order was too general to support award C. holding that an assignment of all causes of action claims and demands of whatsoever nature constituted an express assignment of rico claims D. holding that a preliminary injunction was a reasonable means of preserving the status quo and was of the same character as the ultimate relief sought when a few but not all of the causes of action in the complaint were of an equitable nature including causes of action for unjust enrichment and imposition of constructive trust E. holding that shareholders status as personal guarantors of the debts of several automobile dealerships did not give them standing to assert claims against a creditor that provided the dealerships with floor plan financing where the causes of action pleaded by the shareholders all asserted losses sustained by them as a result of the destruction of their eorporations and the claims were entirely derivative of causes of action which belonged to the corporations

assistant: The best answer is A. holding award of sanctions permissible where appellant asserted multiple baseless causes of action that resulted in increased cost for all parties and distracted courts attention from any meritorious claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents represent the entire agreement of each of the Loan Parties party hereto, the Administrative Agent and the Lenders with respect to the subject matter hereof, and there are no promises, undertakings, representations or warranties by any of the Loan Parties party hereto, the Administrative Agent or any Lender relative to the subject matter hereof not expressly set forth or referred to herein or in the other Loan Documents.

assistant: Integration
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: manifested its intent to preempt 18 U.S.C. § 1001 by imposing misdemeanor penalties for violations of 16 U.S.C. § 1857(1)(I), in contrast to the felony penalties associated with 18 U.S.C. § 1001. As this court has held, however, the fact that Congress has passed a specific statute with lenient penalties does not indicate that Congress intended to preempt a more general but more severe statute that would apply to the same offense. See Anderez, 661 F.2d at 407 (citations omitted). Furthermore, appellants fail to consider a crucial difference between 16 U.S.C. § 1857(1)(I) and 18 U.S.C. § 1001. Section 1857(1)(I) does not mention materiality and thus imposes no materiality requirement upon the government, cf. United States v. Wells, 519 U.S. 482, 117 S.Ct. 921, 927, 137 L.Ed.2d 107 (1997) (<HOLDING>), while § 1001 does have an explicit Options: A. holding that materiality necessary element of section 1001 B. holding that materiality does not require a showing that the creditors were prejudiced by the false statement C. holding that unlike 1001 1542 does not have a materiality requirement D. holding that the fca includes a materiality requirement E. holding that 18 usc 1014 has no materiality requirement because the statute does not so much as mention materiality

assistant: The best answer is E. holding that 18 usc 1014 has no materiality requirement because the statute does not so much as mention materiality
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: Within thirty (30) days after the submission of reasonable supporting documentation by Executive and in accordance with the Company’s expense reimbursement policy, the Company shall reimburse Executive for all reasonable and customary business, travel, and entertainment expenses incurred by Executive in the course of and pursuant to the business of the Company.

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 Agreement and the other Transaction Documents constitute the entire agreement between the Parties pertaining to the subject matter hereof, and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the Parties pertaining to the subject matter hereof. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND PROVISIONS OF THIS AGREEMENT AND THE TERMS AND PROVISIONS OF ANY SCHEDULE OR EXHIBIT HERETO, THE TERMS AND PROVISIONS OF THIS AGREEMENT SHALL GOVERN AND CONTROL; PROVIDED, HOWEVER THAT THE INCLUSION IN ANY OF THE SCHEDULES AND EXHIBITS HERETO OF TERMS AND PROVISIONS NOT ADDRESSED IN THIS AGREEMENT SHALL NOT BE DEEMED A CONFLICT, AND ALL SUCH ADDITIONAL PROVISIONS SHALL BE GIVEN FULL FORCE AND EFFECT, SUBJECT TO THE PROVISIONS OF THIS Section 13.8 .

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: If the Optionee Terminates, (a) the Option, other than the Vested Portion of the Option, shall terminate and be of no further force and effect as of and following the close of business on the date of such Termination, and (b) the Vested Portion of the Option shall be exercisable by the Optionee during the “Post-Termination Exercise Period,” but in no event after the expiration of the Term. Any portion of the Vested Portion of the Option that, following the Optionee’s Termination, is not exercised prior to the expiration of the Post-Termination Exercise Period shall terminate at the end of the Post-Termination Exercise Period (or, if earlier, the expiration of the Term). Notwithstanding anything in this Agreement or the Plan to the contrary, the Option, whether or not exercisable, shall immediately terminate upon a Termination of the Optionee by the Company or one of its Subsidiaries for Cause.

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: Executive agrees that, during the term and thereafter, she will not, directly or indirectly, alone or in conjunction with any other party, make statements to customers or suppliers of the Company and/or the Bank or to other members of the public that are in any way disparaging or negative towards the Company or the Bank, or the products or services of either, or the Company’s or the Bank’s representatives, directors, or employees. The Company agrees that, during the term and thereafter, the Company will not, directly or indirectly, alone or in conjunction with any other party, make statements to customers or suppliers of the Company and/or the Bank or to other members of the public that are in any way disparaging or negative towards the Executive.

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 legal provision and list the applicable contract clause categories. Provision: Seller shall cooperate in a commercially reasonable manner in the assignment of the Licenses and Permits used by Seller in and about the operation of the Property, to the extent the same are assignable, but Purchaser shall be responsible, at its sole expense, for any fees and expenses relating to the assignment or reissuance of all the Licenses and Permits.

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: If not, then any such ordinance would have to yield to the contrary statutory delegation of authority. It is axiomatic that State statutory law is superior to ordinances enacted by municipal corporations. Section 11-45-1, Ala. Code 1975, provides that “[mjunicipal corporations may from time to time adopt ordinances and resolutions not inconsistent with the laws of the state to carry into effect or discharge the powers and duties conferred by the applicable provisions of this title and any other applicable provisions of law....” See also Reed v. City of Montgomery, 341 So.2d 926, 933 (Ala.1976) (discussing a Montgomery ordinance and stating that “[a] basic principle of our system of government is the superiority of state law”); Hall v. City of Tuscaloosa, 421 So.2d 1244, 1249 (Ala.1982) (<HOLDING>). Did the legislature intend to make a general Options: A. holding seniorhousing zoning ordinance invalid as applied B. holding that a municipal ordinance that contravenes state law as here is invalid for that reason alone C. holding city ordinance preempted by state law because ordinance prohibited act specifically allowed under state law D. holding that a county ordinance conflicted with state laws and was invalid as applied to all citizens E. holding that when a judicial office is created by legislative act or municipal ordinance the office is regarded as a de facto office until the act or ordinance is declared invalid

assistant: The best answer is B. holding that a municipal ordinance that contravenes state law as here is invalid for that reason alone
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: your privacy is very important to us , which is why we 've created a separate privacy policy in order to explain in detail how we collect , manage , process , secure , and store your private information .

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: Holdings and each Subsidiary maintain with financially sound and reputable insurers (including captive insurers), insurance with respect to its properties and business against such casualties and contingencies and in such amounts as are usually carried by businesses engaged in similar activities as Holdings and its Subsidiaries and located in similar geographic areas in which Holdings and its Subsidiaries operate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (citing Johnson, 520 U.S. at 466-67, 117 S. Ct. at 1548-49; Haag v. State, 117 P.3d 775, 782 (Alaska App. 2005)); Ned v. State, 119 P.3d 438, 443 (Alaska App. 2005) (citing Johnson, 520 U.S. 461, 117 S. Ct. 1544; U.S. v. Cotton, 535 U.S. 625, 122 S. Ct. 1781 (2002)); State v. LaClair, 433 A.2d 1326, 1328-29 (N.H. 1981); State v. Cross, 234 P.3d 288 (Wash. App. Div. 2 2010); State v. Holder, 745 P.2d 141 (Ariz. 1987); People v. Lann, 633 N.E.2d 938 (Ill. App. 1st Dist. 1994); State v. Hutchinson, 342 S.E.2d 138 (W. Va. 1986); Poole v. State, 846 So. 2d 370 (Ala. Crim. App. 2001); U.S. v. Deitz, 577 F.3d 672, 687-88 (6th Cir. 2009) (no plain error in a case in which the defendant failed to preserve the question for appellate review); People v. Woods, 331 N.W.2d 707, 725 (Mich. 1982) (<HOLDING>); McBee v. Grant, 763 F.2d 811 (6th Cir. 1985); Options: A. holding that batson does apply retroactively to cases pending on direct review B. holding that a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases pending on direct review with no exception for cases in which the new rule constitutes a clear break with the past C. holding that aedpa is not applied retroactively to pending habeas petitions D. holding sandstrom v mont 442 us 510 99 s ct 2450 1979 would be retroactively applied to pending cases where error was properly raised and preserved E. holding generally that new rules of law should not be applied retroactively in habeas corpus cases

assistant: The best answer is D. holding sandstrom v mont 442 us 510 99 s ct 2450 1979 would be retroactively applied to pending cases where error was properly raised and preserved
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: 398 U.S. 278 90 S.Ct. 1727 26 L.Ed.2d 230 Floyd BLOSS et al.v.Steven L. DYKEMA. No. 1347. Supreme Court of the United States June 1, 1970 On Petition for Writ of Certiorari to the Supreme Court of Michigan. PER CURIAM. 1 The petition for a writ of certiorari is granted and the judgment of the Michigan Court of Appeals is reversed. Redrup v. New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515. 2 Mr. Justice HARLAN, dissenting. 3 I would affirm the judgment of the Michigan Court of Appeals upon principles heretofore often expressed by me. See my opinions in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957); Jacobellis v. Ohio, 378 U.S. 184, 203, 84 S.Ct. 1676, 12 L.Ed.2d 793 (1964); A Book Named 'John Cleland's Memoirs of a Woman of Pleasure' v. Attorney General of Com. of Massachusetts, 383 U.S. 413, 455, 86 S.Ct. 975, 16 L.Ed.2d 1 (1966). From the standpoint of what I regard as the permissible excercise of state power in this field, the materials in this case fall far short of the 'borderline' movie involved in Cain v. Kentucky (reversed summarily), 397 U.S. 319, 90 S.Ct. 1110, 25 L.Ed.2d 335 (1970), see my dissent in that case, and I am at a loss to understand how these materials can be deemed to qualify for Redrup treatment when only a short time ago the Court declined to accord that treatment to the materials involved in Spicer v. New York, cert. denied, 397 U.S. 1042, 90 S.Ct. 1364, 25 L.Ed.2d 653. 4 THE CHIEF JUSTICE and Mr. Justice WHITE are of the opinion that certiorari should be denied. 5 Mr. Justice MARSHALL took no part in the consideration or decision of this case.

assistant: 3
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: issue. We, however, agree with the government that this is not the case. While it is true that the government stated that the denial of habeas relief to a person who is actually innocent "might run afoul of the Suspension Clause,” Aplee. Br. at 15 n. 3, it has never taken the position that the Suspension Clause actually would be violated here, see Aplee. Supp. Reply Br. at 14-15. To be sure, to the extent that the government has taken a position on the Suspension Clause issue, it has been, at best, an equivocal one. Nevertheless, the government has made clear that it does not concede the issue. And, ultimately, Mr. Abernathy bears the burden of establishing that the district court’s ruling amounts to plain error. See United States v. DeChristopher, 695 F.3d 1082, 1091 (10th Cir.2012) (<HOLDING>). 13 . Indeed, a panel of our court has Options: A. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error B. holding that it is the burden of the party who failed to preserve his argument to demonstrate plain error C. holding that a party had failed to preserve an argument for appellate review when that party had failed to argue the issue to the trial court either at trial or in his postjudgment motion D. holding defendant failed to preserve burden of proof issue for appeal E. holding the burden is on the defendant to demonstrate the error satisfies each prong of the plain error test

assistant: The best answer is B. holding that it is the burden of the party who failed to preserve his argument to demonstrate plain 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 case excerpt and choose the best holding from the options. Case excerpt: Costs The Court has also expressed concerns about imposing asymmetric liability costs on privately operated facilities as compared to government-operated facilities. Malesko, 534 U.S. at 72, 122 S.Ct. 515. We are equally concerned about issuing a decision that will yield disparate rights and remedies among inmates in private and public prisons. Unfortunately, under the current Bivens regime, asymmetries may remain irrespective of whether we recognize or deny a Bivens cause of action here. Unlike officers employed by public prisons, the GEO employees may not be entitled to qualified immunity, and as a result, prisoners asserting claims against them may be able to recover more often than their counterparts in governmentally run prisons. Compare Richardson, 521 U.S. at 401, 117 S.Ct. 2100 (<HOLDING>), with Butz v. Economou, 438 U.S. 478, 501, 98 Options: A. holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted B. holding that defendants are not entitled to qualified immunity C. holding officials are entitled to qualified immunity for reasonable mistakes of law D. holding that employees of privately operated state prisons are not entitled to qualified immunity E. holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity

assistant: The best answer is D. holding that employees of privately operated state prisons are not entitled to qualified immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Until termination of the Employee’s employment with the Company pursuant to this Agreement, the Company shall pay the Employee a base salary (“ Base Salary ”) of at least Nine Hundred Thirty Thousand Dollars ($930,000) per annum, which shall be payable to the Employee in regular installments in accordance with the Company’s general payroll policies and practices. The Board of Directors, or the Compensation Committee thereof (the “ Committee ”), shall review the Employee’s Base Salary annually during the period of employment hereunder and, in its sole discretion, may increase, but not decrease, such Base Salary from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon a dissolution of the Company, the Board, or, if there are no members of the Board, a court appointed liquidating trustee, shall take full account of the Company’s assets and liabilities and wind up the affairs of the Company. In liquidation of the Company’s assets, the liquidation preference for the Preferred B Unit may be met with in-kind distributions. The Persons charged with winding up the Company shall settle and close the Company’s business, and dispose of and convey the Company’s non-cash assets as promptly as reasonably possible following dissolution as is consistent with obtaining the fair market value for the Company’s assets.

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 case excerpt and choose the best holding from the options. Case excerpt: in any circumstance, although as a rule courts should be loathe to do so in the absence of extraordinary circumstances such as where the initial decision was clearly erroneous and would work manifest injustice." Id. (quoting State v. Lewis, 543 N.E.2d 1116 (Ind.1989)). The supreme court reiterated that finality and fairness are both important goals and concluded that when faced with an apparent conflict between them, it unhesitatingly chooses the latter. Id. at 901. We are faced with such a question here between finality and fairness. Another panel of this court has examined Badger's sentence and found that it could be upheld despite the illegality. We respectfully disagree and posit that the benefit Badger received from the plea agreement amounted only to a five-year sa App.1997) (<HOLDING>). We also are compelled to conclude that Options: A. holding that consecutive sentences were warranted because of the multiple separate and distinct criminal acts B. holding the courts consecutive sentences at the statutory maximum on each count were reasonable because of the gravity of the offense C. holding that imposition of lengthy sentences did not show prejudice where sentences were warranted by facts shown in the evidence D. holding that the federal constitutional right to a jury trial does not apply to decisions to impose consecutive sentences E. holding that courts are duty bound to correct sentences violating the trial courts statutory authority to issue consecutive sentences under indiana code section 355012

assistant: The best answer is E. holding that courts are duty bound to correct sentences violating the trial courts statutory authority to issue consecutive sentences under indiana code section 355012
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: Promptly upon reasonable request by the Administrative Agent (i) correct any material defect or error that may be discovered in the execution, acknowledgment, filing or recordation of any Collateral Document or other document or instrument relating to any Collateral, and (ii) do, execute, acknowledge, deliver, record, re-record, file, re-file, register and re-register any and all such further acts, deeds, certificates, assurances and other instruments as the Administrative Agent may reasonably request from time to time in order to carry out more effectively the purposes of any Collateral Documents, to the extent required pursuant to the Collateral and Guarantee Requirement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: fitbit content , the fitbit service , and its underlying technology are protected by copyright , trademark , patent , intellectual property , and other laws of the united states and foreign countries .

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: decides that issue in the first instance). That the Stolt-Nielsen Court did not address which entity— court or arbitrator—should decide whether an arbitration agreement permitted class arbitration, was more recently made clear in Oxford Health Plans, 569 US at _; 133 S Ct at 2068 n 2. The question we are faced with today has therefore not been decided by the United States Supreme Court, and thus Stolt-Nielsen does not require rejection of those post -Bazzle decisions holding that absent contract language addressing the issue, consolidation was for the arbitrator to decide. See Lee, 982 F Supp 2d at 1113 (rejecting the argument that Stolt-Nielsen changed the legal landscape on gateway issues, since it did not involve one), and Blue Cross Blue Shield of Massachusetts, 671 F3d at 638-639 (<HOLDING>). D. CLASS ARBITRATION DECISIONS Having Options: A. holding that mental capacity to enter into an arbitration agreement is an issue for the court to decide but noting that we have concluded that whether an arbitration agreement binds a nonsignatory is a gateway matter to be determined by the court rather than the arbitrator unless the parties dearly and unmistakably provide otherwise B. holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived C. holding that stoltnielsen did not require it to modify its prior holding in employers ins co of wausau 443 f3d at 577 that whether to consolidate arbitration cases was not a gateway issue D. recognizing that bazzle contained no precedential rulings and holding that based on stoltnielsen class arbitration was a gateway issue for the court E. holding that a gateway dispute about whether the parties are bound by a given arbitration clause raises a question of arbitrability for a court to decide

assistant: The best answer is C. holding that stoltnielsen did not require it to modify its prior holding in employers ins co of wausau 443 f3d at 577 that whether to consolidate arbitration cases was not a gateway issue
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: observed). Dusseau v. Metropolitan Dade County Board of County Comm’rs, 794 So.2d 1270 (Fla.2001). DHSMV argues that the circuit judge should have issued an order to show cause and given it an opportunity to respond. Although Florida Rule of Appellate Procedure 9.100(h) states that “[i]f the petition demonstrates a preliminary basis for relief ... the court may issue an order directing the respondent to show cause,” the second district recently held that “the court must issue an order to show cause as to why relief should .not be granted.” Evergreen Tree Treasurers of Charlotte County, Inc. v. Charlotte County Bd. of County Comm’rs, 810 So.2d 526 (Fla. 2d DCA 2002) (emphasis added); see also Rightler v. Pompano Beach Police and Fireman’s Pension Fund, 467 So.2d 461 (Fla. 4th DCA 1985) (<HOLDING>). Although the circuit court noted no response Options: A. holding that a petition for writ of certiorari should be dismissed if there has been an insufficient showing of irreparable harm and should be denied when it is determined that an order did not depart from the essential requirements of law B. holding that circuit court violated the essential requirements of the law in not issuing an order to show cause after receiving a facially sufficient petition for writ of certiorari C. holding that this court will consider a petition for a writ of certiorari only after the court of appeals has overruled the application for rehearing on the point challenged in the petition implying that the decision by the court of criminal appeals must be final before certiorari review would be available D. recognizing the right to petition for writ of certiorari as a form of appellate review E. holding it is settled that the supreme court may consider questions raised on the first appeal after which the court denied a petition for a writ of certiorari as well as those that were before the court of appeals upon the second appeal after which the court granted a petition for a writ of certiorari internal quotation marks omitted

assistant: The best answer is B. holding that circuit court violated the essential requirements of the law in not issuing an order to show cause after receiving a facially sufficient petition for writ of certiorari
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice hereunder to the Company shall be addressed to its Stock Option Record Office, and any notice hereunder to the Participant shall be addressed to the Participant at his or her most recent home address on file with the Company, subject to the right of either party to designate at any time hereafter in writing some other address.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: • removing or altering any copyright , trademark , or other intellectual property notices contained on or provided through the spotify service ( including for the purpose of disguising or changing any indications of the ownership or source of any content ) ;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant shall not use the Premises or permit anything to be done in or about the Premises or the Property which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or hereafter enacted or promulgated. Tenant shall not do or permit anything to be done on or about the Premises or the Property, or bring or keep anything therein which will in any way increase the cost of any insurance now or hereafter carried on the Building or any of its or their contents, or that will invalidate any such insurance or grant the insurer a defense thereon. Except as otherwise provided herein, Tenant shall at its sole cost and expense promptly comply with all laws, orders, statutes, ordinances and governmental rules, regulations or requirements now or hereafter in force, and with the requirements of any duly constituted public authority having jurisdiction over the Premises, the local Board of Fire Underwriters or any similar body now or hereafter constituted relating to or affecting the use or occupancy of the Premises.

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 legal provision and list the applicable contract clause categories. Provision: The New Holder agrees to perform any further acts and execute and deliver any additional documents and instruments that may be necessary or reasonably requested by Splitco to carry out the provisions of this Joinder or the Registration Rights Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties will bear and pay all other costs and expenses incurred by it or on its behalf in connection with the transactions contemplated pursuant to this Agreement, except that the Company shall reimburse the Purchasers for the fees and expenses of counsel to the extent provided in the GSO Fee Letter and the FNF Fee Letter.

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: Employer shall continue to employ Employee, and Employee shall continue to serve, as Executive Vice President and General Counsel for CBSI and CBNA for a term commencing on January 1, 2017 and ending on December 31, 2019 ("Period of Employment"), subject to termination as provided in paragraph 3 hereof.

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: evidence demonstrating that attempts were actually made to separate the fees by claim at the time the fees were incurred and that further separation of the time was impracticable. The trial court’s findings of fact 9-11 and conclusions of law 3-7 show that the trial court based its segregation ruling on both of these legal standards. We conclude that the two legal standards advocated by Britannia are not proper under current Texas law and that Air Routing’s position regarding the legal standard is correct. Britannia correctly asserts that several courts of appeals, in applying the Sterling standard, have compared the essential elements of the claims in question. See Geodyne Energy Income Production P’ship I-E v. Newton Corp., 97 S.W.3d 779, 789-90 (Tex.App.-Dallas 2003, pet. granted) (<HOLDING>); Z.A.O., Inc,, v. Yarbrough Drive Cent. Joint Options: A. holding segregation was required in part because the claims have significantly different elements than the claim for which attorneys fees are recoverable B. holding that contract and tort claims were capable of segregation in part because these claims required proof of different elements C. holding attorneys fees not generally recoverable unless party prevails under cause of action for which attorneys fees are recoverable and damages are recovered D. holding segregation was necessary because breachofcontract claim required proof of different elements than other claims E. holding that a law clerks time is recoverable as part of attorneys fees under 1988

assistant: The best answer is A. holding segregation was required in part because the claims have significantly different elements than the claim for which attorneys fees are recoverable
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: marks and citation omitted); State v. Telles, 1999-NMCA-013, ¶ 12, 126 N.M. 593, 973 P.2d 845. Although Defendants contend that evidence of Victim’s .245 percent BAC would have tended to show that Defendants were reasonable in their apprehension and that Victim was the first aggressor, Defendants have not supplied authority to support this proposition. There undoubtedly is in many instances a correlation between alcohol and violence. However, as the district court observed, although it is clear that BAC may demonstrate impaired ability to drive a motor vehicle, a correlation between BAC and aggressiveness seems speculative unless tied more specifically to an individual’s history. As such, the probative value of the BAC evidence in this case is questionable at best. Cf. id. ¶ 14 (<HOLDING>). Even if some relevance had been found, the Options: A. holding bac of 05 percent not relevant in vehicular homicide case to show that the victim somehow contributed to the accident B. holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment C. holding evidence of sexual assault relevant to show defendants motive in kidnapping victim D. holding that the victim impact and victim vulnerability aggravators were not overbroad and explaining that though the concepts of victim impact and victim vulnerability may well be relevant in every case evidence of victim vulnerability and victim impact in a particular case is inherently individualized E. holding the harmed victim need not be the victim of the offense of conviction

assistant: The best answer is A. holding bac of 05 percent not relevant in vehicular homicide case to show that the victim somehow contributed to the accident
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: To the extent applicable, the Board or the Committee may at any time and from time to time amend, in whole or in part, any or all of the provisions of this Agreement to comply with any applicable laws and stock exchange rules and regulations (including, without limitation, Section 409A of the Code and the regulations thereunder) and may also amend, suspend or terminate this Agreement subject to the terms of the Plan. Except as otherwise provided in the Plan, no modification or waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by the party against whom it is sought to be enforced.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are a user having your usual residence in germany , instead of the below these eula -lsb- https://musical.ly/de/eula -rsb- exclusively shall apply .

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: You may not assign your rights or delegate your obligations under this Agreement. Sotheby’s shall be entitled to withhold from any payments or deemed payments under this Agreement any amount of withholding required by law. This Agreement constitutes the entire agreement between you and Sotheby’s concerning the subject matter of your employment and supersedes any prior employment, severance, or notice and non-compete agreement between the parties. Any waiver or amendment of any provision of this Agreement must be in writing and signed by both parties.

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: Any written notice that may be required to be provided pursuant to the terms of the Plan or any Award Agreement shall be provided (i) to the Participant at the Participant’s home mailing address last known by the Company or (ii) to the Company Vice President, General Counsel and Secretary at 100 Manhattanville Road, Purchase, New York 10577-2135.

assistant: Notices