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: new trial). Thus, because the sanctions inquiry now urged “would differ only marginally from an inquiry into the merits,” Cunningham v. Hamilton Cnty., 527 U.S. at 206, 119 S.Ct. 1915, the collateral order doctrine does not apply here. Further, although a final order in this case awaits retrial, that circumstance only delays Douglas’s ability to appeal the sanctions order; it does not render that order unreviewable. Whenever and however a final judgment is entered, “an attorney may appeal a decision where the district court imposes a tangible sanction or makes an express finding that a lawyer has committed specific acts of professional misconduct.” Reach v. County of Schenectady, 593 F.3d 218, 226 (2d Cir.2010); see also In re Goldstein, 430 F.3d 106, 111-12 (2d Cir.2005) (per curiam) (<HOLDING>); Patsy’s Brand, Inc. v. I.O.B. Realty, Inc., Options: A. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence B. holding sanction included in final judgment appealable C. holding that there can be only one final appealable order D. holding that the ordering of a rehearing caused the judgment to not be final and appealable E. holding that a rehearing order was not final or appealable

assistant: The best answer is B. holding sanction included in final judgment appealable
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 Case excerpt: issue until a final RO or BVA decision has been rendered in that matter, or the appeal has been withdrawn by the claimant. See Hamilton, 4 Vet.App. at 531-32, aff'd, 39 F.3d 1581-85. Just as the Court’s jurisdiction is dependent on a jurisdiction-conferring NOD, the Board’s jurisdiction, too, derives from a claimant’s NOD. See Marsh v. West, 11 Vet.App. 468 (1998) (“untimely NOD deprives [BVA] of jurisdiction”); Garlejo v. Brown, 10 Vet.App. 229, 232 (1997) (Board did not err in refusing to adjudicate matter as to which no NOD was filed). When the Board has jurisdiction over a particular matter, that jurisdiction is “mandatory”. In the Matter of Fee Agreement of Cox, 10 Vet.App. 361, 374 (1997), vacated in part on other grounds sub nom. Cox v. West, 149 F.3d 1360, 1365 (Fed.Cir.1998) (<HOLDING>); see also Suttmann, Soloman, and EF, all supra Options: A. holding expressly that this court properly held that such decision by secretary is mandatory B. holding that this time requirement is mandatory and jurisdictional C. holding that this courts review is limited to the bia decision and the portions of the ijs decision that it expressly adopted D. holding that decision of this court unless or until overturned by this court en banc the federal circuit or the supreme court is a decision of the court on the date it is issued any rulings interpretations or conclusions of law contained in such a decision are authoritative and binding as of the date the decision is issued and are to be considered and when applicable are to be followed by va agencies of original jurisdiction the board and the secretary in adjudicating and resolving claims E. holding that the statute is mandatory

assistant: The best answer is A. holding expressly that this court properly held that such decision by secretary is mandatory
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 parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500, payable by the applicable Lender or prospective Lender, provided , however , that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it shall not be a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you and linden lab agree that we intend that this section 10 satisfies the `` writing '' requirement of the federal arbitration act and further agree that , notwithstanding any other provision of these terms of service , the federal arbitration act shall govern the interpretation and enforcement of this agreement to arbitrate .

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: recognize that the services rendered to the patient are necessary for the protection of the third person. DiMarco, supra at 424-25 (footnote omitted). The DiMarco rule, which was underscored by the Superior Court’s subsequent holding in Troxel v. A.I. duPont Institute, 431 Pa.Super. 464, 636 A.2d 1179 (1994), is that a physician’s duty of care is owed not only to his or her patient, but also to identifiable third parties who will suffer if a physician negligently errs in the handling of a case of infectious disease. See also Estate of Witthoeft v. Kiskaddon, 557 Pa. 340, 733 A.2d 623, 628 (1999) (recognizing that the role of physicians in protecting the public from communicable diseases was central to our decision in DiMarco); Matharu v. Muir, 29 A.3d 375 (Pa.Super.2011) {en banc) (<HOLDING>). The rule I derive from DiMarco and the Options: A. holding that broker owed no fiduciary duty to client as a matter of law B. recognizing that negligent conduct of police investigations does not give rise to a cause of action because the duty to protect citizens and enforce the law is one owed generally to the public C. holding law enforcement owed duty similar to that owed by dshs under rcw 2644050 D. holding that physicians owed a duty to protect an infant against rhsensitization E. holding that an international relief organization owed no duty to protect aid contractor from murder by thirdparty somalis

assistant: The best answer is D. holding that physicians owed a duty to protect an infant against rhsensitization
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) Except to the extent that this Agreement or a court order expressly provides for payments to be allocated to a particular Lender or to the Lenders under a particular Facility, if any Lender (a “ Benefitted Lender ”) shall receive any payment of all or part of the Obligations owing to it (other than in connection with an assignment made pursuant to Section 10.6), or receive any realization on account of any Collateral in respect thereof (whether voluntarily or involuntarily, by set‑off, pursuant to events or proceedings of the nature referred to in Section 8(f), or otherwise), in a greater proportion than any such payment to or realization received by any other Lender, if any, in respect of the Obligations owing to such other Lender, such Benefitted Lender shall purchase for cash from the other Lenders a participating interest in such portion of the Obligations owing to each such other Lender, or shall provide such other Lenders with the benefits of any such realization, as shall be necessary to cause such Benefitted Lender to share the excess payment or benefits of such realization ratably with each of the Lenders; provided , however , that if all or any portion of such excess payment or benefits is thereafter recovered from such Benefitted Lender, such purchase shall be rescinded, and the purchase price and benefits returned, to the extent of such recovery, but without interest.

assistant: Adjustments
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: nothing in this eula authorizes you to , with respect to user videos or broadcast content , ( i ) use any aspect of any musical work or sound recording in a manner that is not expressly permitted by this eula ; ( ii ) modify , change , or adapt the lyrics or fundamental character of any musical work or sound recording ; ( iii ) to use the story of any composition ; or ( iv ) to criticize the copyright owner of any musical work or sound recording , the authors , composers or lyricists of any musical work , or the featured or non-featured recording artists of any sound recording .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by Seller of this Agreement are not precluded or proscribed by, and will not, to Seller’s Knowledge, (i) violate any provision of any existing law, statute, rule or order, decree, writ or injunction of any court, governmental department, commission, board, bureau, agency or instrumentality, or (ii) result in a material breach of, or a material default under any agreement, mortgage, contract, undertaking or other instrument or document to which Seller is a party or by which Seller is bound or to which Seller or any portion of the Property is subject.

assistant: 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: At Owner’s expense, Manager shall engage reputable counsel for the benefit of Owner, who shall be approved by Owner, to advise on all legal matters and to conduct all legal proceedings (other than those conducted by the Property’s insurance carrier) affecting the Property. Manager shall give prompt and timely written notice to Owner and any insurance carrier for the Property of any claims, lawsuits, actions or proceedings instituted or threatened against Manager or Owner, arising out of this Agreement, Manager’s duties hereunder or Owner’s ownership or use of the Property. Owner shall direct Manager as to the course of action Owner desires Manager to take in such litigation.

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 case excerpt and choose the best holding from the options. Case excerpt: used in violation of this chapter may in a civil action recover from the person or entity which engaged in that violation such relief as may be appropriate.” 18 U.S.C. § 2520(a). In Count Two of the Complaint, DIRECTV alleges that Thompson “intentionally intercepted, endeavored to intercept, or procured other persons to intercept electronic communications from DIRECTV.” (Compl. at ¶ 85). Further, DIRECTV alleges that Thompson “disclosed or endeavored to disclose to others” the intercepted communications and “intentionally used or endeavored to use” the intercepted communic ons in which it held that § 2520 does not create a private right of action for alleged violations of § 2512(l)(b) and dismissed claims identical to those in this action. See, e.g., Baker, 318 F.Supp.2d at 1116-1120 (<HOLDING>); Childers, 274 F.Supp.2d at 1289-89 (same). Options: A. holding that the language of 2520a does not provide an explicit private right of action for a violation of 25121b B. holding that where statutory remedies exist private employees do not have a private cause of action for violation of state constitutional rights C. recognizing private right of action D. holding that no private right of action exists E. holding that a private right of action exists

assistant: The best answer is A. holding that the language of 2520a does not provide an explicit private right of action for a violation of 25121b
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: Financial statements, as described in Section 3.07 of this Agreement, and pro forma financial statements covering the period from the Closing Date through the Expiry Date in form and substance satisfactory to the Agent and the Banks.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Guarantor party to the Existing Guaranty Agreement affirms its duties and obligations under the terms and conditions of the Existing Guaranty Agreement, and agrees that its guaranty of the repayment of the Company’s obligations outstanding under the Existing Credit Agreement, as amended and restated as of the date hereof by the Credit Agreement, remains in full force and effect and is hereby ratified, reaffirmed and confirmed. Each Guarantor acknowledges and agrees with the Administrative Agent that the Existing Guaranty Agreement is amended, restated, and superseded in its entirety pursuant to the terms hereof.

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: academia.edu makes no warranty that the site , services or collective content will meet your requirements or be available on an uninterrupted , secure , or error-free basis .

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 meanings assigned to any defined terms used in this Deed of Trust, unless otherwise indicated, are to be equally applicable to both the singular and plural forms of the terms defined. Article, Section, Schedule, and Exhibit references are to Articles and Sections of and Schedules and Exhibits to this Deed of Trust, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Deed of Trust shall refer to this Deed of Trust as a whole and not to any particular provision of this Deed of Trust.

assistant: Interpretations
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 Convention.” Friedrich II, 78 F.3d at 1066. Consent or Acquiescence. As discussed above, Javier consented to C.F.’s initial removal from Mexico. The relevant inquiry now is whether he acquiesced to C.F.’s retention in the United States. Acquiescence requires either (1) a formal act or statement, such as testimony in a judicial proceeding, (2) a written renunciation of rights, or (3) a consistent attitude of acquiescence over a significant period of time. Friedrich II, 78 F.3d at 1070. As with all exceptions under the Hague Convention, this defense must be narrowly construed, and “[e]ach of the words and actions of a parent during the separation are not to be scrutinized for a possible waiver of custody rights.” Id.; see also Nicolson v. Pappalardo, 605 F.3d 100, 107 (1st Cir.2010) (<HOLDING>); Panteleris, 601 Fed.Appx. at 352 (finding Options: A. holding that evidence that parent is victim of spousal abuse and that parent is unemployed living in crowded conditions and had multiple visits to mental hospital was no evidence that awarding custody to parent would significantly impair child B. holding protection from abuse consent order did not constitute acquiescence to granting custody to other parent C. holding that psychological parent was not entitled to custody or visitation D. holding that a parent has a right of custody by reason of that parents ne exeat right the authority to consent before the other parent may take the child to another country E. recognizing that a foster parent may attain the status of psychological parent when the relationship is not temporary in duration and exists with the consent and encouragement of a childs legal parent or guardian

assistant: The best answer is B. holding protection from abuse consent order did not constitute acquiescence to granting custody to other parent
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 pay or reimburse Executive for reasonable and necessary expenses directly incurred by Executive in the course of Executive’s employment by Employer in accordance with Employer’s standard policies and practices as in effect from time to time. All reimbursements under this Section 1(b)(iv) shall be made as soon as practicable following submission of a reimbursement request, but no later than the end of the year following the year during which the underlying expense was incurred.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: learned intermediary defense. If there is no basis in the record for the instruction given, such error may raise a “substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations,” and reversal may be required. McElroy v. Firestone Tire & Rubber Co., 894 F.2d 1504, 1509 (11th Cir.1990) (quoting National Independent Theatre Exhibitors, Inc. v. Charter Financial Group, Inc., 747 F.2d 1396, 1402-03 (11th Cir.1984), cert. denied, 471 U.S. 1056, 105 S.Ct. 2120, 85 L.Ed.2d 484 (1985)). Given the complete lack of evidence in the record to support the inclusion of the reasonable evidence standard in the instruction, we hold that the district court erred by inaccurately charging the jury on Armour’s affirmative defense. Cf. Bank South Leasing, 778 F.2d at 706 (<HOLDING>). In some instances, even an inaccurate Options: A. holding the trial court erred in not charging the jury that a defendant had the burden of proving the affirmative defense of comparative negligence B. holding that the trial court plainly erred in failing to provide a specific unanimity instruction to the jury C. holding that the district court erred in failing to properly charge the jury on defendants affirmative defenses D. holding that trial court erred in rendering takenothing judgment notwithstanding jurys verdict in favor of plaintiff based on defendants properly preserved charge error and concluding that proper remedy was for trial court to grant new trial based on the charge error E. holding that district court erred in failing to consider evidence of secondary considerations

assistant: The best answer is C. holding that the district court erred in failing to properly charge the jury on defendants affirmative defenses
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: trigger an affirmative duty to provide protection to that individual____” The second exception, sometimes referred to as the “danger creation” theory, provides that a state may also be liable for an individual’s safety “if it created the danger that harmed the individual____” Id., 73 F.3d at 276 (quoting Uhlrig, 64 F.3d at 572 and DeShaney, 489 U.S. at 199-200, 109 S.Ct. 998) (citation omitted)). {28} In order to bring an individual within the ambit of the “special relationship” exception, a plaintiff must show that the state has in some manner restrained an individual’s freedom to act to protect himself from others by imposing restraints upon that individual’s personal liberty. See City of Revere v. Massachusetts Gen. Hosp., 463 U.S. 239, 244-45, 103 S.Ct. 2979, 77 L.Ed.2d 605 (1983) (<HOLDING>); DeShaney, 489 U.S. at 200, 109 S.Ct. 998 (if Options: A. recognizing duty to furnish medical care to individual held in custody of police B. holding care custody and control of children is a fundamental right C. recognizing right to privacy in receipt of health care services to the extent consistent with providing adequate medical care and the safety and good order of the facility D. holding that the due process clause requires the responsible government or governmental agency to provide medical care to suspects in police custody who have been injured while being apprehended by police E. holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise

assistant: The best answer is A. recognizing duty to furnish medical care to individual held in custody of police
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: has not made any provision for deferring or staying adjudication as part of that disposition. See Minn.Stat. § 609.135, subd. 1(a) (1998); cf. Minn. Stat. § 609.095(b) (1998) (providing that except in drug cases or by agreement of the parties, court may not refuse to adjudicate guilt). The supreme court has noted a trial court order providing for vacation and dismissal as part of a stay of imposition. City of St. Paul v. Froysland, 310 Minn. 268, 269, 246 N.W.2d 435, 436 (1976). But there is no precedential authority approving such a disposition. See Minn.Stat. § 609.13, subd. 1(2) (1998) (providing that if felony defendant given stay of imposition successfully serves probation the conviction is deemed to be a misdemeanor); United States v. Johnson, 43 F.3d 1211, 1214-15 (8th Cir.1995) (<HOLDING>); State v. Clipper, 429 N.W.2d 698, 701 Options: A. holding that probation is not a sentence B. holding that where original sentencing judge imposed a guidelines sentence defendant could not be sentenced as a habitual offender upon violation of probation C. recognizing of course the suspension of the imposition of sentence and the grant of probation D. holding defendant sentenced to term equal to maximum guidelines sentence under improperly calculated sentencing guidelines scoresheet was not entitled to be resentenced because defendant was habitualized such that sentencing guidelines score sheet was irrelevant and the sentence imposed was not illegal E. holding that minnesota stay of imposition is sentence for purposes of federal sentencing guidelines even if no term of probation was imposed

assistant: The best answer is E. holding that minnesota stay of imposition is sentence for purposes of federal sentencing guidelines even if no term of probation was imposed
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: 775.087, Florida Statutes (2006) (the 10/20/Life statute). Appellant was sentenced to thirty years in prison with a twenty-five year minimum mandatory sentence. He was also sentenced to a consecutive period of ten years of probation. , Appellant argues that once the trial court imposed the minimum mandatory sentence of twenty-five years under section 775.087, the total sentence could not exceed thirty years, which is the statutory maximum sentence for first-degree felonies under section 775.082(3)(b), Florida Statutes (2006). Appellant, therefore, contends that the probationary sentence should be stricken. Appellant is correct, and the State concedes the sentencing error, acknowledging that the probationary term should be stricken. See Wooden v. State, 42 So.3d 837 (Fla. 5th DCA 2010) (<HOLDING>), review denied, 51 So.3d 466 (Fla.2010); Brown Options: A. holding that after the trial court reclassified the seconddegree felony to a firstdegree felony based on the use of a firearm and imposed the minimum mandatory sentence of twentyfive years under section 775087 it was improper to impose a sentence that exceeded the thirtyyear statutory maximum penalty for firstdegree felonies under section 7750823b B. holding in asapplied challenge that death is the statutory maximum sentence for firstdegree murder C. recognizing a claim that the sentence exceeded the statutory maximum D. holding that a sentence was based on a mandatory statutory minimum sentence even though it was lowered under another statute E. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory

assistant: The best answer is A. holding that after the trial court reclassified the seconddegree felony to a firstdegree felony based on the use of a firearm and imposed the minimum mandatory sentence of twentyfive years under section 775087 it was improper to impose a sentence that exceeded the thirtyyear statutory maximum penalty for firstdegree felonies under section 7750823b
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: uber reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promo codes by you or any other user in the event that uber determines or believes that the use or redemption of the promo code was in error , fraudulent , illegal , or in violation of the applicable promo code terms or these terms .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: publications, and only one of these fourteen showed the cover. The other four pertinent references were published in trade magazines, publications that the general population likely did not see. Thus, there is only one reference that the public will have seen that contains Sports Traveler Magazine’s trade dress. This reference is the only pertinent one to this factor because in making the secondary meaning determination, the Court must analyze whether a consumer would link the trade dress to the product’s source. The Court fi C.P.A. 931, 299 F.2d 855, 862 (C.C.P.A. 1962) (Holding that $3,000,000 in sales in one year was insufficient to establish secondary meaning); Arrow Fastener Co. v. Stanley Works, 870 F.Supp. 427, 428 (D.Conn.1994), rev’d on other grounds, 59 F.3d 384 (2d Cir.1995) (<HOLDING>); Time Inc., 712 F.Supp. at 1108 (holding that Options: A. holding that sales of 40000000 staplers and over 500000000 boxes of staples led to finding of secondary meaning B. holding that copying is only evidence of secondary meaning if the defendants intent in copying is to confuse consumers and pass off his product as the plaintiffs in that situation the defendants belief that plaintiffs trade dress has acquired secondary meaning so that his copying will indeed facilitate his passing off is some evidence that the trade dress actually has acquired secondary meaning C. holding that exercising general jurisdiction over defendant was improper where its actual sales in florida were a small percentage of the total sales and therefore these sales were de minimis D. holding that 20000000 harlequin presents books sold in united states in 1979 led to finding of secondary meaning E. holding that inconsistent advertising of an alleged protected trademark for five years did not establish secondary meaning

assistant: The best answer is A. holding that sales of 40000000 staplers and over 500000000 boxes of staples led to finding of secondary meaning
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: made the alleged comment. In his subsequent affidavit, dated January 25, 1999, Plaintiff attributes the alleged statement to Garner. In his Complaint, however, filed October 10, 1997, Plaintiff alleges that the Principal made the comment. 8 . At the outset, the Court finds that, to the extent Plaintiff is seeking relief for the harassing phone calls at home and for "stalking" behavior outside the workplace, summary judgment in favor of the employer is warranted. Under the particular facts of this case, the Court knows of no obligation upon the employer to monitor the activities of its employees outside of the workplace. Indeed, the clear intent of Title VII is to combat discrimination in the workplace. See Pullman-Standard v. Swint, 456 U.S. 273, 102 S.Ct. 1781, 72 L.Ed.2d 66 (1982) (<HOLDING>); Henson v. City of Dundee, 682 F.2d 897 (11th Options: A. recognizing title vii does not provide the exclusive remedy for all employment discrimination claims even if the title vii and section 1983 claim factually overlap B. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii C. holding that the conduct complained of must be an unlawful employment practice under title vii D. holding that title vii was designed to assure equality of employment opportunities E. holding that a claim for discrimination in private employment is not preempted by title vii

assistant: The best answer is D. holding that title vii was designed to assure equality of employment opportunities
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) Each Guarantor agrees to pay or reimburse each Lender and the Administrative Agent for all its costs and expenses incurred in collecting against such Guarantor under the guarantee contained in Section 2 or otherwise enforcing or preserving any rights under this Agreement, including, without limitation, any such fees and disbursements of counsel (including the allocated fees and expenses of in-house counsel) to each Lender and of counsel to the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Employer will pay to Executive a base salary at the rate of at least $195,000 per year (“ Base Salary ”), less normal withholdings, payable in equal monthly or more frequent installments as are customary under the Employer’s payroll procedures from time to time. In accordance with the policies and procedures of the Compensation Committee (the “ Committee ”) of the Bancorp Board, the Employer shall review Executive’s total compensation at least annually and in its sole discretion may adjust Executive’s total compensation from year to year, but during the Employment Period the Employer may not decrease Executive’s Base Salary below $195,000; provided , however , that periodic increases in Base Salary, once granted, shall not be subject to revocation. The annual review of Executive’s total compensation will consider, among other things, changes in the cost of living, Executive’s own performance and the Bancorp’s consolidated performance.

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: Except as set forth in the Information Certificate, there are no actions or proceedings, pending as to the knowledge of Borrower or threatened, against any Obligor before any court or administrative agency in which amounts in dispute exceed $25,000, and Borrower has no knowledge or belief of any pending, threatened or imminent, governmental investigations or claims, complaints, actions or prosecutions involving Borrower or any Obligor. Borrower is not in default with respect to any order, writ, injunction, decree or demand of any court or any governmental or regulatory authority.

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 case excerpt and choose the best holding from the options. Case excerpt: the delay allowed by the court[.] (Emphasis added). |flThe trial court effectively sustained the exception of insufficiency of process in denying the motion to confirm the default. We therefore find the trial court erred in its May 2, 2012 Judgment denying confirmation based on insufficient service by not permitting Ms. Jackson to request reser-vice on the Board within a specified delay. Assignment of error number three has merit. We therefore reverse the trial court’s dismissal of the action. The Board filed its answer on May 18, 2012, after the May 2, 2012 judgment of dismissal and before the June 8, 2012 hearing/judgment denying a new trial. The filed answer prevents any judgment of default or award on the merits. See Ackel v. Ackel, 05-97 (La.App. 5 Cir. 5/31/05), 905 So.2d 1137 (<HOLDING>). With the dismissal vacated, and the Board’s Options: A. holding that a notice of appeal that specifies the final judgment brings up for review all of the previous rulings and orders that led up to that final judgment B. holding that filing of an answer up to the time of signing of judgment renders the judgment an absolute nullity C. holding that the trial court in entering judgment affirming an earlier judgment for an award of attorney fees after having discovered that it mistakenly entered the earlier judgment before the expiration of time for the filing of objections had the inherent power under orcp 71 cs modification authority to change the effective date of the judgment without vacating or setting aside the judgment D. holding that a preanswer motion for summary judgment does not suspend the time for filing an answer E. holding that even an order that establishes entitlement to a judgment is not final unless it actually enters or renders a judgment or includes specific language of finality necessary for a judgment to be considered final for purposes of an appeal

assistant: The best answer is B. holding that filing of an answer up to the time of signing of judgment renders the judgment an absolute nullity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Exhibits hereto, constitutes and contains the entire understanding and agreement of the Parties respecting the subject matter hereof and cancels and supersedes any and all prior and contemporaneous negotiations, correspondence, understandings and agreements between the Parties, whether oral or written, regarding such subject matter. Notwithstanding the foregoing, to the extent the terms and conditions of the body of this Agreement conflict with the terms and conditions of any Exhibit hereto, the terms and conditions of the body of this Agreement shall govern. No agreement or understanding varying or extending this Agreement shall be binding upon either Party, unless set forth in a writing which specifically refers to the Agreement that is signed by duly authorized officers or representatives of the respective Parties, and the provisions of the Agreement not specifically amended thereby shall remain in full force and effect.

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: Any notice or other communication hereunder shall be in writing and shall be sufficient if sent by first-class mail or courier, postage prepaid, by email or by facsimile and addressed as follows: (a) if to the Company, addressed to the Company at its address for notices as set forth below its signature hereon or any other address as the Company may hereafter notify to the Warrant Holder and(b) if to the Warrant Holder, addressed to such address as the Warrant Holder may hereafter from time to time notify to the Company for the purposes of notice hereunder.

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: So long as any of the Senior Indebtedness remains outstanding or the Lender has the obligation to make advances or other financial accommodations to or for the benefit of the Loan Parties, the Manager shall not, without the prior written consent of the Lender, demand, receive or accept any payment from the Loan Parties in respect of the Subordinated Obligations, except that, so long as no Default or Event of Default has occurred and is continuing under the Loan Agreement, the Manager may accept payments of management fees (up to a maximum of $250,000 in the aggregate in any one calendar year), but only to the extent that such payments are not prohibited under, or would not cause or result in the default of any financial covenants set forth in, the Loan Agreement.

assistant: Payments
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) Employee shall be employed as Executive Vice President and Chief Lending Officer of the Bank. He shall perform such services for the Corporation as may be assigned to Employee by the Corporation from time to time upon the terms and conditions hereinafter set forth. Employee's services shall be rendered in a senior management or executive capacity and shall be of the type for which he is suited by background and training.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A SAR granted in connection with an Option shall become exercisable, be transferable and shall expire according to the same vesting schedule, transferability rules and expiration provisions as the corresponding Option. A SAR granted independent of an Option shall become exercisable, be transferable and shall expire in accordance with a vesting schedule, transferability rules and expiration provisions as established by the Committee and reflected in an Award agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is denied. IV. CONCLUSION For the foregoing reasons, the court denies the defendant’s motion for a ruling and for reconsideration. An order consistent with this Memorandum Opinion is separately and contemporaneously issued this 30th day of August, 2004. 1 . The Calendar Committee for the United States District Court for the District of Columbia reassigned the case to this court in November 2003. 2 . Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). 3 . Judge Johnson held that, "[u]pon consideration of the motion of the defendants, United States, and Michael Hartman, et ah, for summary judgment and the response thereto, the Motion for Summary Judgment is DENIED. There are material facts in dispute. The most significant are the Cir.1986) (<HOLDING>); Addington v. Farmer’s Elevator Mutual Ins. Options: A. holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion B. holding that the trial court did not err by granting defendants motion for summary judgment C. holding that the court implicitly denied the plaintiffs motion to strike certain submissions because the court in its opinion granting defendants motion to dismiss relied on defendants materials D. holding that the trial court erred by granting the defendants motion to dismiss E. holding that where the trial court implicitly denied the defendants motion to suppress but neither expressly denied the motion nor explained its ruling claim of error could not be reviewed

assistant: The best answer is C. holding that the court implicitly denied the plaintiffs motion to strike certain submissions because the court in its opinion granting defendants motion to dismiss relied on defendants materials
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 term (the “ Option Term ”) of the Option shall commence on the date of this Agreement and shall expire on the Expiration Date set forth in the Notice of Grant unless such Option shall theretofore have been terminated in accordance with the terms of the Notice of Grant, this Agreement or of the Plan.

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: 20% contingency fee based on that award. The appellant also seeks direct payment from the Secretary of 20% of the award of the TDIU benefits granted the veteran. Eligibility for TDIU is a rating question dependent on a grant of service connection. See 38 C.F.R. § 4.16. While the degree of disability under the VA rating schedule is based on the actual symptoma-tology of the disability and how .it affects employability, a TDIU rating is based on unemployability caused by one or more service-connected disabilities. Therefore, while a claim for service connection of a disability always raises the issue of degree of disability, the issue of TDIU must be reasonably raised based on the submissions of the claimant or the evidence of record. See Norris v. West, 12 Vet.App. 413, 420-21 (1999) (<HOLDING>), motion for full Court decision denied (July Options: A. holding that a ratingincrease claim includes a tdiu claim where veteran meets the section 416a schedular requirements and the record on appeal includes evidence of unemployability based on a serviceconnected disability or disabilities B. holding disability discrimination claim barred C. holding that an ineffective assistance of counsel claim must be raised on direct appeal when the facts supporting the claim are presented on the face of the record D. holding that regarded as claim was reasonably related to claim of discrimination on the basis of disability E. holding that once a veteran has properly made a claim for a current disability as a result of a specific inservice occurrence or aggravation of a disease or injury the agencys duty to assist attaches to the investigation of all possible inservice causes of that current disability including those unknown to the veteran

assistant: The best answer is A. holding that a ratingincrease claim includes a tdiu claim where veteran meets the section 416a schedular requirements and the record on appeal includes evidence of unemployability based on a serviceconnected disability or disabilities
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: 480 U.S. 698 107 S.Ct. 1596 94 L.Ed.2d 678 MISSOURI, Petitioner,v.Zola BLAIR No. 85-303 Supreme Court of the United States March 25, 1987 ON WRIT OF CERTIORARI TO THE SUPREME COURT OF MISSOURI [March 25, 1987] PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If a provision in this Section 14 is found by any court with jurisdiction to be too broad in duration, scope, or otherwise, then the court is to amend the offending provision to the minimum extent necessary to make it reasonable and enforceable, and the offending provision is to be fully enforceable as amended.

assistant: Construction