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: offer and acceptance “with all of the provisions of the contract and the accompanying letters which were made a part of the record.” Id. at 445. Similarly, the Iowa Supreme Court concluded that only an unenforceable agreement to agree was presented where one sentence appearing to accord a full and unambiguous right was coupled with a second sentence making it clear that whatever was granted in the first sentence was subject to future negotiations and agreement by both parties. Air Host Cedar Rapids, 464 N.W.2d at 453. The Iowa Supreme, Court has also instructed that factors bearing on whether a contract has been concluded include the following: “the extent to which express agreement has been reached on all the terms to be included, wheth port Comm’n, 464 N.W.2d 450, 453 (Iowa 1991) (<HOLDING>); Diesel Power Equip., Inc. v. ADDCO, Inc., 377 Options: A. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties B. holding contact did not exist where document was subject to future negotiations and agreement by both parties C. holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint D. holding in a suit to establish the existence of an oral agreement for the sale of stock that the judicial admission exception was not satisfied by the plaintiffs deposition testimony acknowledging that before negotiations had broken down the parties had reached an agreement with regard to price and quantity of stock and had drafted a document reflecting the agreement E. holding that where the parties contemplate the formal execution of a final agreement there is a strong inference that the parties do not intend to be bound by earlier negotiations or agreements until the final terms are settled

assistant: The best answer is B. holding contact did not exist where document was subject to future negotiations and agreement by both parties
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: Payments made under this Section 5 shall be subject to applicable federal, state and local taxes and withholdings. If the payment of any COBRA or health insurance premiums would otherwise violate the nondiscrimination rules or cause the reimbursement of claims to be taxable under the Patient Protection and Affordable Care Act of 2010, together with the Health Care and Education Reconciliation Act of 2010 (collectively, the “Act”) or Section 105(h) of the Code, the Company paid premiums shall be treated as taxable payments and be subject to imputed income tax treatment to the extent necessary to eliminate any discriminatory treatment or taxation under the Act or Section 105(h) of the Code.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( ii ) you remove viber from your mobile device and do not reinstall it within three months ( iii ) you do not log in to viber for twelve consecutive months .

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: (a) The Borrower agrees to pay to the Administrative Agent for the account of each Revolving Lender a commitment fee, which shall accrue at the Applicable Rate on the average daily amount of the Available Revolving Commitment of such Lender during the period from and including the Restatement Effective Date to but excluding the date on which the Revolving Commitment of such Lender terminates; provided that, if such Lender continues to have any Revolving Credit Exposure after its Revolving Commitment terminates, then such commitment fee shall continue to accrue on the average daily amount of such Lender’s Revolving Credit Exposure from and including the date on which its Revolving Commitment terminates to but excluding the date on which such Lender ceases to have any Revolving Credit Exposure. Accrued commitment fees shall be payable in arrears on the last day of March, June, September and December of each year and on the date on which the Revolving Commitments terminate, commencing on the first such date to occur after the Restatement Effective Date; provided that any commitment fees accruing after the date on which the Revolving Commitments terminate shall be payable on demand. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

assistant: Fees
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 HOLDCO AND GROUP IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN, NEW YORK AND OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT OR ANY LENDER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST ANY LOAN PARTY, ANY SUBSIDIARY OR ANY OF THEIR RESPECTIVE AFFILIATES OR THE RESPECTIVE PROPERTIES OF THE FOREGOING IN THE COURTS OF ANY JURISDICTION.

assistant: Submission To Jurisdiction
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: Based on this language, Ross argues the restitution statutes must be construed as reaching only those victims affected by wire transactions alleged in the indictment and submitted to the jury. We disagree with the government’s claim that Ross cannot attack the restitution order because we affirmed it in the first appeal. Apprendi was decided after the first appeal, and announced a new (although not watershed) rule of constitutional law. See United States v. Moss, 252 F.3d 993, 997 (8th Cir.2001), cert. denied, — U.S. -, 122 S.Ct. 848, 151 L.Ed.2d 725 (2002). Since Ross relies upon Apprendi, and this appeal is a direct review of Ross’s resentencing, he is not barred from attacking the restitution order. See Griffith v. Kentucky, 479 U.S. 314, 328, 107 S.Ct. 708, 93 L.Ed.2d 649 (1987) (<HOLDING>). Because Ross raised his Apprendi challenge in Options: A. holding that a new rule for conducting criminal prosecutions should be applied to all cases pending on direct review or not yet final 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 all newly declared rules must be applied retroactively to all criminal eases pending on direct review D. recognizing that the pipeline theory allows a defendant to seek application of a new rule of law if the case is pending on direct review or not yet final and the defendant timely objected at trial E. holding newly announced rules of constitutional criminal procedure must apply retroactively to all cases state or federal pending on direct review or not yet final with no exception

assistant: The best answer is A. holding that a new rule for conducting criminal prosecutions should be applied to all cases pending on direct review or not yet final
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 3. In consideration of each and every disclosure of CONFIDENTIAL INFORMATION, the Parties agree to: (c) make no disclosures of any CONFIDENTIAL INFORMATION to any party other than officers and employees of a Party to this IRA; (d) limit access to CONFIDENTIAL INFORMATION to those officers and employees having a reasonable need for such INFORMATION and being boUnd by a written obligation to maintain the confidentiality of such INFORMATION; and

assistant: No
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: not the existence of a contractual relationship. To the contrary, the regulations implementing Title VI, the legislative history, and cases interpreting the term all indicate that market contracts between federal contractors and the government do not constitute such “assistance.” Only if the government intends to provide a subsidy does Title VI apply. See, e.g., 45 C.F.R. § 80.13(f) (2004) (defining “federal financial assistance”); Letter from Robert Kennedy, Attorney General, to Hon. John Sherman Cooper (April 29, 1964), reprinted in 110 Cong. Rec. 10075, 10076 (1964) (“Title VI does not apply to procurement contracts, or to other contracts which do not involve financial assistance by the United States.”); Jacobson v. Delta Airlines, Inc., 742 F.2d 1202, 1209-11 (9th Cir.1984) (<HOLDING>). Because Title VI does not forbid Options: A. holding that an entity receives assistance when it receives a subsidy as opposed to compensation B. holding a state agency as an arm of the state cannot constitute a person under 1983 because it is a sovereign entity C. holding that an action naming a state entity as a defendant did not constitute an action against the state because the state entity was sued in its capacity as receiver D. holding that where the issue before the court is legal as opposed to factual an appellate court need not give deference to a trial courts decision E. holding that rule 6e did not extend the period in which a workers compensation carrier was required to pay a compensation award under the longshore and harbor workers compensation act where the act required payment within ten days of filing of the order as opposed to within ten days of service of notice provided for in the rule

assistant: The best answer is A. holding that an entity receives assistance when it receives a subsidy as opposed to compensation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower recognizes that in connection with Banks’ selling of Participations or making of Assignments with respect to the Loan, any or all documentation, financial statements, appraisals and other data, or copies thereof, relevant to Borrower, Guarantor or the Loan, may be exhibited to and retained by any such Participant or Assignee or prospective Participant or Assignee. In connection with a Bank’s delivery of any financial statements, other data (such as Borrower’s rent (including percentage rent) receipts and tenant sales information) and appraisals to any such Participant or Assignee or prospective Participant or Assignee, such Bank shall also obtain a confidentiality agreement in the form of Exhibit G . Each of Borrower and Guarantor agrees to provide all assistance reasonably requested by a Bank at no cost to Borrower or Guarantor (provided, however, that Borrower and Guarantor shall be responsible for their attorneys’ fees and expenses, if any), in order to enable such Bank to sell Participations or make Assignments of its Commitment for the Loan as permitted by this Article 15 .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , uber makes no representation , warranty , or guarantee regarding the reliability , timeliness , quality , suitability or availability of the services or any services or goods requested through the use of the services , or that the services will be uninterrupted or error-free .

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: All notices or communications in respect of Series B Preferred Shares shall be in writing, shall be effective upon delivery, and shall be delivered by (i) registered or certified mail, return receipt requested, postage prepaid, (ii) reputable nationwide overnight courier service guaranteeing next business day delivery, (iii) personal delivery, or (iv) facsimile or electronic mail, with written confirmation of receipt.

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: Any notices and other communications permitted or required by the provisions of this Mortgage (except for telephonic notices expressly permitted) shall be in writing and shall be deemed to have been properly given or served by depositing the same with the United States Postal Service, or any official successor thereto, designated as Certified Mail, Return Receipt Requested, bearing adequate postage, or deposited with reputable private courier or overnight delivery service, and addressed as hereinafter provided. Each such notice shall be effective upon being deposited as aforesaid. The time period within which a response to any such notice must be given, however, shall commence to run from the date of receipt of the notice by the addressee thereof. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice sent. By giving to the other party hereto at least ten (10) days’ notice thereof, either party hereto shall have the right from time to time to change its address and shall have the right to specify as its address any other address within the United States of America.

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: Supplier shall maintain all records relating to its obligations hereunder as required by current Good Manufacturing Practices (“ cGMPs ”) and current Good Laboratory Practices (“ cGLPs ”), as applicable, and Applicable Law for such time periods referenced thereby. Supplier shall make such records available to Purchaser for Purchaser’s inspection and copying promptly following a written request by Purchaser. In addition, Supplier shall retain a file sample properly stored from each lot or batch of Licensed Adjuvants supplied to Purchaser hereunder in accordance with cGMPs.

assistant: Records
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 Repurchase Documents and all covenants, agreements, representations and warranties herein and therein and in the certificates delivered pursuant hereto and thereto, shall survive the entering by Buyer into any Transaction and the execution and delivery to Buyer of this Agreement and the Repurchase Documents and shall continue in full force and effect so long as the Obligations are outstanding and unpaid and the Repurchase Documents have not been terminated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than consummating the transactions contemplated hereunder, such Creditor has not, nor has any Person acting on behalf of or pursuant to any understanding with such Creditor, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Creditor first discussed the transaction with the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending on the date when this Agreement is publicly disclosed by the Company. Such Creditor has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

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: skype may in its option , terminate its relationship with you , or suspend your account immediately if it determines you are using video messaging contrary to this fup or these terms .

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: Except as set forth in Section 9.1.3 or otherwise expressly provided herein, all inventions and discoveries invented, conceived, or developed by or on behalf of a Party or its Affiliates, whether alone or with the other Party or a Third Party, in conducting activities pursuant to this Agreement and any Patent Rights claiming the foregoing shall be owned based on inventorship, as inventorship is determined in accordance with United States patent law, irrespective of where or when such conception, discovery or development occurs. For the avoidance of doubt, “activities pursuant to this Agreement” includes participation in committee meetings and any other communications between the Parties in connection with this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, at the request of any Account Party the Lenders agree at any time and from time to time during the Availability Period to issue Non-Syndicated Letters of Credit for the account of such Account Party in an aggregate amount that will not result in the Aggregate Credit Exposure exceeding the Commitments (it being understood that Non-Syndicated Letters of Credit may be issued, or be outstanding, for the account of more than one of the Account Parties at any time).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for internal reference by BCBS. 5 . Mariani testified that the reason she could not find any benefits for the merger was that both Nevada Blue Cross and Blue Shield and New Mexico Blue Cross and Blue Shield were insolvent. Thus, there would be no financial benefit for Colorado BCBS to merge with these other companies. 6 . Rule 7.3 states: Integrity and Objectivity. A certificate holder shall not in the performance of professional services knowingly misrepresent facts, nor subordinate his judgment to others. In tax practice, however, a certificate holder may resolve doubt in favor of his client as long as there is reasonable support for his position. Rule 7.3, 3 C.C.R. 705-1 (1991). 7 . See, e.g., Gantt v. Sentry Ins., 1 Cal.4th 1083, 4 Cal.Rptr.2d 874, 881, 824 P.2d 680, 687 (1992) (<HOLDING>); Firestone Textile Co. Div. v. Meadows, 666 Options: A. recognizing that provisions of the colorado constitution should be construed in the context of the constitution as a whole B. holding that public policy must be evidenced by constitutional or statutory provisions C. holding that the courts may not declare public policy without a basis in either the constitution or statutory provisions D. holding that specific statutory provisions take priority over general statutory provisions E. holding that where statutory or regulatory provisions which evidence the public policy themselves provide a remedy for the wrongful discharge provision of a further remedy under the public policy exception is unnecessary

assistant: The best answer is C. holding that the courts may not declare public policy without a basis in either the constitution or statutory provisions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall commence on the Effective Date and shall continue until the end of the fifth (5 th ) Contract Year, unless either party earlier terminates this Agreement within thirty (30) days of the end of the third (3) Contract year or fourth (4) Contract Year with 24 months’ notice to the other party or this Agreement is earlier terminated in accordance with Section 16.2 (as may be extended in accordance with this Section, the “ Term ”). The Term shall automatically be extended for successive 2-year periods unless and until one party gives the other party at least 24 months’ prior written notice of its desire to terminate as of the end of the then-current Term.

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: Mary Csanyi appeals pro se from the district court’s judgment in favor of defendants following a bench retaliation claim under Federal Rule of Civil Procedure 52(c) because Csanyi failed to establish a causal link between the adverse action and the protected activity. See Cohen v. Fred Meyer, Inc., 686 F.2d 793, 796-97 (9th Cir.1982) (<HOLDING>). Contrary to Csanyi’s contention, the district Options: A. holding that the fact that employer had knowledge of the employees protected activity was not sufficient to establish a prima facie case of retaliation where the timing of the discharge was not proximate to the protected activity B. holding that plaintiff could not establish a prima facie case of retaliation without evidence that the decisionmaker knew about plaintiffs protected activity when he made the decision that resulted in the adverse action C. holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action D. holding that the plaintiff failed to establish a prima facie case of retaliation because there was no evidence that the decisionmaker knew of the plaintiffs protected conduct E. holding that the plaintiff had to provide direct or circumstantial evidence that the supervisors who took the adverse action against the plaintiff knew about the protected activity prior to taking that action

assistant: The best answer is B. holding that plaintiff could not establish a prima facie case of retaliation without evidence that the decisionmaker knew about plaintiffs protected activity when he made the decision that resulted in the adverse action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Co-op., Inc. v. Parks, 1 S.W.3d 96, 101 (Tex.1999). Nothing on the face of the acceleration clause suggests that the parties intended to restrict the meaning of “encumbrance.” Nor is there any evidence in the summary judgment record reflecting such an intent. We must, therefore, give the word “encumbrance” its plain grammatical meaning, and that plain grammatical meaning includes easements. Third, an easement is subordinate to a prior deed of trust. “When the owner of real estate executes a valid deed of trust, and then conveys an interest in the mortgaged property to a third party, the rights of the mortgagor’s vendee are subject to the rights held by the beneficiary of the deed of trust.” Motel Enters., Inc. v. Nobani, 784 S.W.2d 545, 547 (Tex.App.-Houston [1st Dist.] 1990, no writ) (<HOLDING>); see also Cousins v. Sperry, 139 S.W.2d 665, Options: A. holding that buyer who purchased property at foreclosure sale took title free from easement granted after deed of trust B. holding that the terms of the trust deed foreclosure statutes must be strictly complied with C. holding that one who possesses deeded easement need not use the easement to maintain his title and easement cannot be extinguished from nonuser alone D. holding that foreclosure of prior mortgage extinguished second mortgage E. holding foreclosure of prior deed of trust extinguished subsequent easement

assistant: The best answer is E. holding foreclosure of prior deed of trust extinguished subsequent easement
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 MAXIMUM EXTENT PERMITTED BY LAW, INDEMNITOR AND ADMINISTRATIVE AGENT (ON ITS BEHALF AND ON BEHALF OF THE LENDERS) HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENT (WHETHER VERBAL OR WRITTEN) OR ACTION OF EITHER PARTY OR ANY EXERCISE BY ANY PARTY OF THEIR RESPECTIVE RIGHTS HEREUNDER OR IN ANY WAY RELATING TO THE LOAN OR THE MORTGAGED PROPERTY (INCLUDING ANY ACTION TO RESCIND OR CANCEL THIS AGREEMENT, AND ANY CLAIM OR DEFENSE ASSERTING THAT THIS AGREEMENT WAS FRAUDULENTLY INDUCED OR IS OTHERWISE VOID OR VOIDABLE). THIS WAIVER IS A MATERIAL INDUCEMENT FOR LENDERS TO MAKE THE LOAN.

assistant: Waiver Of Jury Trials
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: basis to which he and the Government stipulated in the plea agreement “settled all material factual disputes.” He claims his detrimental reliance on these representations renders his plea unknowing and involuntary. He contends the Government was duplicitous in gaining a waiver of his trial rights in a case it could probably not win at trial and that it used a “bait-and-switch” tactic. He further maintains that the testimony received at sentencing was hearsay and not sufficiently reliable. We find Vazquez knowingly and voluntarily waived in his plea agreement his right to appeal his conviction and sentence, which includes the four-level role enhancement and the denial of application of the safety valve provision. See United States v. Broughton-Jones, 71 F.3d 1143, 1146 (4th Cir.1995) (<HOLDING>) (internal quotation marks and citations Options: A. holding that a defendants waiver of the right to testify must be knowing informed and intelligent B. holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary C. recognizing requirement of knowing intelligent waiver D. holding a waiver of a substantial constitutional right must be a voluntary knowing and intelligent act E. holding that an appeal waiver is valid if it is the result of a knowing and intelligent decision to forgo the right to appeal

assistant: The best answer is E. holding that an appeal waiver is valid if it is the result of a knowing and intelligent decision to forgo the right to appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was a matter for the arbitrator to decide). We find the present case functionally indistinguishable from (and controlled by) those cases in which the parties agree that an underlying dispute is arbitrable, but disagree about the effect of laches, waiver, exhaustion of prearbitration steps, limitations periods, or other “procedural” issues. See supra note 4. Bell and its Union agree that disputes over the reorganization of administrative groups may be resolved through arbitration; they simply disagree on the procedures to be followed. The Union has asked that both of these issues — the reorganization dispute and the procedure to be followed — be submitted to an arbitrator, and we hold that this is the proper course for the parties. See John Wiley & Sons, 376 U.S. at 558, 84 S.Ct. 909 (<HOLDING>). The District Court’s judgment will be Options: A. 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 B. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties C. holding that the court must send the parties to arbitration in cases in which arbitrability of the subject matter is unquestioned but a dispute arises over the procedures to be followed D. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract E. holding that the state law of preclusion must be followed even when federal jurisdiction over the subject matter of a claim is exclusive

assistant: The best answer is C. holding that the court must send the parties to arbitration in cases in which arbitrability of the subject matter is unquestioned but a dispute arises over the procedures to be followed
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 as amended and restated herein and the other agreements referred to herein set forth the entire understanding of the parties and supersede all prior agreements, arrangements and communications, whether oral or written, pertaining to the subject matter hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: who fails to follow company rules and fails to appear for work without notification, even if the absences are attributable to a medical problem. Plaintiff has failed to provide any competent evidence that the stated reason for her dismissal was a pretext for any discriminatory action relating to any alleged disability. Although I must construe plaintiffs pro se pleadings liberally, and interpret them as raising the strongest arguments that they suggest, see Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir.1994), “proceeding pro se does not otherwise relieve [plaintiff] from the usual requirements of summary judgment.” Fitzpatrick v. New York Cornell Hosp., 00 Civ. 8594, 2003 WL 102853,*5 (S.D.N.Y. Jan.9, 2003) (citing cases); see also Lee v. Coughlin, 902 F.Supp. 424, 429 (S.D.N.Y.1995) (<HOLDING>) (citing Carey v. Crescenzi, 923 F.2d 18, 21 Options: A. holding defendants pro se motion to reduce sentence was not properly before the trial court when defendant was represented by counsel since defendant may not proceed both by counsel and pro se B. holding that unsupported contentions do not preclude summary judgment C. holding that pro se plaintiffs should be advised of their right to file responsive material to a motion for summary judgment D. holding that a defendant proceeding pro se is bound by same rules as party represented by counsel and a court cannot allow pro se litigant lower standard of performance E. holding that a pro se partys bald assertion completely unsupported by evidence is not sufficient to overcome a motion for summary judgment

assistant: The best answer is E. holding that a pro se partys bald assertion completely unsupported by evidence is not sufficient to overcome a motion for summary judgment
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: refers to advertising and marketing of Med-tronic products off-label, she does not specifically state what Medtronic expressly warranted”); Schouest, 13 F.Supp.3d at 708 (“While conceptually an express warranty claim could' avoid express preemption, what is missing from Schouest’s complaint, in its current form, is a description of what specific warranties Medtronic made to Schouest or her physicians”); Ramirez, 961 F.Supp.2d at 1001 (dismissing breach of express warranty claim because “any affirmation that forms the basis of an express warranty must be between the seller and the buyer” and Ramirez “does not allege (in anything other than the most conclusory manner) that Medtronic targeted her with its guarantees of safety in off-label use of Infuse”); Houston I, 957 F.Supp.2d at 1181 (<HOLDING>). IV. CONCLUSION For the foregoing reasons, the Options: A. holding that a plaintiff is not required to state the statutory or constitutional basis for his claim only the facts underlying it B. recognizing that it is not dispositive that the facts alleged in the ihra claim may be duplicative of facts alleged for the negligent retention claim C. holding so where the plaintiff alleged that the defendant had colluded to claim falsely that the plaintiffs physician had informed the claims adjuster that the plaintiff had been released to work and where the plaintiff was later discharged from employment and denied workers compensation benefits D. holding that although the express warranty claim was not federally preempted the plaintiff had not alleged sufficient facts for the claim to survive dismissal under rule 8 where the pjlaintiff alleged no facts demonstrating that defendants made any affirmations specifically to plaintiff or her physician so as to form the basis of the bargain E. holding that the plaintiff had not stated a claim for inducement to breach a contract where she had not alleged facts sufficient to show the existence of an enforceable underlying contract

assistant: The best answer is D. holding that although the express warranty claim was not federally preempted the plaintiff had not alleged sufficient facts for the claim to survive dismissal under rule 8 where the pjlaintiff alleged no facts demonstrating that defendants made any affirmations specifically to plaintiff or her physician so as to form the basis of the bargain
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of any Borrower, threatened by or against any Group Member or against any of their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

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: The validity, interpretation, construction and performance of this Agreement shall be governed by, and construed and enforced in accordance with, the substantive laws of the State of North Carolina, without giving effect to its principles of conflict of laws. Executive and the Employer each hereby irrevocably consent that both parties are subject to the jurisdiction of the state courts of the State of North Carolina for all purposes in connection with any action or proceeding that arises out of or relates to this Agreement, and further agree that the sole and exclusive venue for any such dispute shall be the General Court of Justice, Superior Court Division, in Guilford County, North Carolina.

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 legal provision and list the applicable contract clause categories. Provision: All costs and expenses (including attorneys’ fees) incurred in connection with the negotiation and preparation of, or any claim, dispute or litigation pertaining to, this Agreement shall be paid by the party incurring such expenses.

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 and any claim, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to this Note and the transactions contemplated hereby shall be governed by the laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

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: the tax laws accordingly. Forseth v. Comm’r, 845 F.2d 746, 749 (7th Cir.1988). The economic substance doctrine has been consistently applied by the courts for many years in a variety of tax situations. There is no sound reason to conclude that, in enacting the amendments to. section 108(b), Congress meant to abandon the doctrine. See, e.g., Frank Lyon Co. v. United States, 435 U.S. 561, 98 S.Ct. 1291, 55 L.Ed.2d 550 (1978) (court looked at economic substance or reality of sale and leaseback transactions); Knetsch v. United States, 364 U.S. 361, 81 S.Ct. 132, 5 L.Ed.2d 128 (1960) (interest expense deductions disallowed because only thing of substance to be realized from transaction was tax deduction); Commissioner v. Court Holding Co., 324 U.S. 331, 65 S.Ct. 707, 89 L.Ed. 981 (1945) (<HOLDING>). In essence, the appellants would have this Options: A. holding that a transaction disregarded for lack of economic substance a nonvaluationrelated ground nevertheless may be subject to a valuation misstatement penalty because a transaction that lacks economic substance generally reflects an arrangement in which the basis of the property was misvalued in the context of the transaction and that congress intended to penalize such transactions B. holding that the economic substance of a transaction rather than its form determines its tax treatment C. recognizing that a transaction that lacks economic substance generally reflects an arrangement in which the basis of the property was misvalued in the context of the transaction D. recognizing step transaction doctrine whereby courts must consider all steps of transaction in light of entire transaction so that substance of transaction will control over form of each step E. holding that sale of two obscene magazines to one detective in one transaction and sale of two obscene films to another detective in another transaction could result in only one conviction for each separate transaction

assistant: The best answer is D. recognizing step transaction doctrine whereby courts must consider all steps of transaction in light of entire transaction so that substance of transaction will control over form of each step
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: implicit in all indictments for substantive offenses); United States v. Clark, 980 F.2d 1143, 1146 (8th Cir.1992) (“It is well established that a defendant may be convicted of aiding and abetting even though he was not charged in that capacity. Aiding and abetting is an alternative charge in every count, whether implicit or explicit.”) (citatio . 257, 765 P.2d 419, 433 n. 12 (1989) (“[I]n California the definition of a principal has historically included those who aid and abet ... and notice as a principal is sufficient to support a conviction as an aider or abettor.”); Hoskins v. State, 441 N.E.2d 419, 425 (Ind.1982) (“One can be charged as a principal and convicted on proof that he aided or abetted another in committing the crime.”); State v. Satetn, 516 N.W.2d 839, 843 (Iowa 1994) (<HOLDING>); State v. Pennington, 254 Kan. 757, 869 P.2d Options: A. holding there was no error in giving an instruction on aiding and abetting when defendant was not charged with aiding and abetting because ajiders and abettors are chargeable directly as principals B. recognizing aiding and abetting conversion C. holding it was not a surprise or unfair to the defendant for the state to pursue a theory of aiding and abetting at trial when the charging document did not refer to aiding and abetting D. recognizing both aiding and abetting breach of fiduciary duties and aiding and abetting conversion E. recognizing aiding and abetting trespass

assistant: The best answer is C. holding it was not a surprise or unfair to the defendant for the state to pursue a theory of aiding and abetting at trial when the charging document did not refer to aiding and abetting
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: requirement mandates that the government prove, and the jury be instructed, that a defendant acted with knowledge that the structuring he undertook was unlawful. Id. at -, 114 S.Ct. at 663. The Supreme Court's holding in Ratzlaf is the controlling interpretation of 31 U.S.C. § 5324(a)(3) and must be given full retroactive effect. See Griffith v. Kentucky, 479 U.S. 314, 322, 107 S.Ct. 708, 712-13, 93 L.Ed.2d 649 (1987). The jury instruction with respect to the unlawful structuring charge did not instruct the jury that the government was required to prove that the defendants acted with knowledge that the structuring he undertook was unlawful. Prior to Ratzlaf, the instruction was correct under the law of this circuit. See United States v. Jackson, 983 F.2d 757, 767 (7th Cir.1993) (<HOLDING>). There was no objection to the instruction at Options: A. holding that the district court erred because it applied the enhancement without taking into account whether the defendant knew or should have known possession would be unlawful B. holding that it was not necessary for the state to prove that the defendant knew the precise nature of the controlled substance he was convicted of delivering when evidence established that he knew it was a controlled substance C. holding that a criminal violation of 5324a3 may be established without proof that the defendant knew that structuring was unlawful D. holding that a federal criminal defendant may waive jury trial without advice of counsel E. holding that in a prosecution for willfully violating federal law against structuring financial transactions to evade bank reporting requirements the government must prove that the defendant acted with knowledge that his conduct was unlawful

assistant: The best answer is C. holding that a criminal violation of 5324a3 may be established without proof that the defendant knew that structuring was unlawful
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: been careful, however, to emphasize that the rule applies only to situations where the judge testifies formally: The language of Rule 605 is unambiguous, and construing this rule according to rules of grammar and common usage leads to only one interpretation of the rule. The phrase “the judge presiding at the trial may not testify in that trial” means that the judge who is presiding over a proceeding may not “step down from the bench” and become a witness in the very same proceeding over which he is currently presiding. Hensarling, 829 S.W.2d at 171. See also Kemp, 846 S.W.2d at 310 n. 9 (noting that Rule 605 circumscribes only that situation in which a trial judge would actually “step down from the bench” to become a witness); Hammond v. State, 799 S.W.2d 741, 747 (Tex.Crim.App.1990) (<HOLDING>). Whether or not the remarks under Options: A. holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify B. holding collateral crime evidence that defendant was an escaped convict not relevant C. holding that judge presiding at trial may not testify in that trial as witness D. holding that where court informed jurors that the defendant had escaped from custody the trial judge acted within his judicial capacity and did not testify E. holding that information disclosed to jurors as a result of their presence at trial ie that the defendant did not testify did not constitute extraneous prejudicial information within the meaning of the rule 606b exception

assistant: The best answer is D. holding that where court informed jurors that the defendant had escaped from custody the trial judge acted within his judicial capacity and did not testify