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 legal provision and list the applicable contract clause categories. Provision: Employee shall receive four (4) weeks of paid vacation per year, which accrues over the course of the year. In addition, the Company provides ten (10) sick days prorated the first year, eight (8) paid holidays each year, along with two (2) “floating holidays” which can be used by Employee at any time.

assistant: Vacations
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 ACKNOWLEDGEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK OTHER THAN THE CHOICE OF LAWS PROVISIONS THEREOF (OTHER THAN SECTION 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you do not maintain such accounts , then the rovio services or certain features of the rovio services may not operate or may cease to function properly , either in whole or in part .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant represents and warrants that no broker or agent has represented Tenant in connection with this Thirteenth Modification, other than Jones Lang LaSalle Brokerage, Inc. ("Broker") whose commission shall be paid by Landlord in accordance with a separate agreement between Landlord and Broker. Except as provided in the immediately preceding sentence, each party shall indemnify and defend the other party against any Claims for real estate commissions or fees in connection with this Thirteenth Modification made by any other party claiming through the indemnifying party. The foregoing indemnification obligation of each indemnifying party shall include indemnification of any affiliates or subsidiaries of the foregoing, and all of their respective officers, directors, employees, shareholders, members, partners, agents and contractors (and, in the case of Landlord as the indemnified party, shall include Landlord's mortgagees and the manager of the Office Building).

assistant: Brokers
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 capitalization of the Company shall also include the number of shares of Common Stock owned beneficially, and of record, by Affiliates of the Company as of the date hereof. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. The issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchasers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and non-assessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

assistant: Capitalization
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: adoption had been the law in Utah for fifteen years. In re Williams' Estates, 10 Utah 2d 83, 348 P.2d 683 (1960). Yet nothing in the original Probate Code or its subsequent amendments either addresses or con-fliects with equitable adoption. I. THE PROBATE CODF'S DEFINITIONS OF "CHILD" AND "PARENT" DO NOT UNDERMINE THE DOCTRINE OF EQUITABLE ADOPTION 1 38 The majority seems to recognize that equitable adoption was valid as a common law doctrine before the Code was enacted. See supra ¶¶ 17, 24. In the majority's view, equitable adoption and the previous probate code could coexist because the previous probate code did not define the terms "child" or "parent." The majority holds that the Uniform Probate Code's definitions of "child" and "parent," quoted above in paragra 319-20 (Utah 1988) (<HOLDING>). {41 More specifically, several states that Options: A. holding that the common law rule that a guardian is in a fiduciary relationship to his ward was not abrogated by the adoption of the uniform probate code even though the code does not shoulder guardians with fiduciary responsibilities B. holding that a claim of quantum meruit was appropriate in a probate case because under section 103 principles of law and equity supplement the provisions of the utah uniform probate code unless displaced by particular provisions of the code C. holding that uniform probate code 3911 gives probate court power to sell any property which cannot be partitioned without prejudice to the owners and which cannot conveniently be allotted to any one party D. recognizing that in decidingclaims arising under the probate code a court may exercise its equitable powers unless explicitly forbidden to do so E. holding placement of commitment statute within probate code rather than within criminal code was evidence of intent to enact civil remedy

assistant: The best answer is B. holding that a claim of quantum meruit was appropriate in a probate case because under section 103 principles of law and equity supplement the provisions of the utah uniform probate code unless displaced by particular provisions of the code
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: may well be, as I have argued elsewhere, that there is something intrinsically immoral about condemning a man as a criminal while telling oneself, "I believe that there is a chance of one in twenty that this defendant is innocent, but a 1/20 risk of sacrificing him erroneously is one I am willing to run in the interest of the public’s — and my own— safety.” 84 Harv.L.Rev. at 1372. 17 . As the majority points out, Judge Kennedy sat for twenty days, heard testimony from eight expert witnesses, admitted over 110 exhibits, and received over 1,300 pages of briefs. I want to go on record with a commendation for all counsel. 18 . Presumably the testimony of the complainant in this case will not need corroboration. 19 . See State v. Vandebogart, — N.H. —, - —, 616 A.2d 483, 493-94 (N.H.1992) (<HOLDING>). 20 . The Committee has voiced serious concern Options: A. holding that after review the minutes were unambiguous and the trial judge erred in admitting parol evidence B. holding that product rule method of dna statistical evidence is now generally accepted in the relevant scientific community C. holding that trial court erred in admitting population frequency estimates used by fbi since such statistical techniques are not generally accepted among population geneticists because of the debate regarding population substructure D. holding that determining corporate value may be done by including proof of value by any techniques or methods which are generally considered acceptable in the financial community and otherwise admissible in court E. holding that no serious dispute exists as to whether the techniques involved in rflp analysis are generally accepted

assistant: The best answer is C. holding that trial court erred in admitting population frequency estimates used by fbi since such statistical techniques are not generally accepted among population geneticists because of the debate regarding population substructure
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 and other communications required or permitted under this Agreement shall be written and shall be delivered personally or sent by registered or certified first-class mail, postage prepaid and return receipt required, addressed as follows: if to the Company, to the Company’s executive offices in Indianapolis, Indiana, and if to Participant or his or her successor, to the address last furnished by Participant to the Company. Each notice and communication shall be deemed to have been given when received by the Company or Participant.

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: This LOI may be executed in any number of counterparts and by the different signatories hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute but one and the same instrument. This LOI constitutes the entire agreement with respect to the foregoing matters and cannot be modified orally.

assistant: Counterparts
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: Initial Options granted to Non-Employee Directors shall become exercisable over four years, with one-fourth of the shares subject to such Initial Options vesting on the first anniversary of the date of grant and the remaining shares subject to such Initial Options vesting in thirty-six equal monthly installments over the three years thereafter, such that each Initial Option shall be 100% vested on the fourth anniversary of the date of grant, subject to the director’s continuing service on the Board through such dates. Subsequent Options granted to Non-Employee Directors shall become vested in twelve equal monthly installments of one-twelfth of the shares subject to such option on the first day of each calendar month following the date of the Subsequent Option grant, subject to a director’s continuing service on the Board through such dates. Unless otherwise determined by the Board, no portion of an option which is unexercisable at the time of a Non-Employee Director’s termination of membership on the Board shall thereafter become exercisable. All Initial Options and Subsequent Options granted to the Non-Employee Directors shall vest in full immediately prior to the occurrence of a Covered Transaction (as defined in the 2012 Plan).

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: the petition for review. The BIA did not abuse its discretion in denying Petitioners’ motion to reopen because it considered the new evidence presented regarding their daughter’s educational and medical difficulties, and acted within its broad discretion in determining that it was not material because it did not indicate that her condition was severe or that she would be unable to obtain assistance or treatment in Mexico. See 8 C.F.R. § 1003.2(c)(1) (providing that a motion to reopen “shall not be granted unless it appears to the [BIA] that evidence sought to be offered is material”). Petitioners have waived any contention that the BIA violated due process by failing to discuss the issue in the body of their opening brief. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259 (9th Cir.1996) (<HOLDING>). PETITION FOR REVIEW DENIED. ** This Options: A. holding issues referred to in the statement of the case but not discussed in the body of the opening brief are deemed waived B. holding that issues not raised in a partys opening brief are waived C. holding that issues not argued in initial brief are deemed waived D. holding that arguments not raised in the opening brief are waived E. holding that issue raised in conclusion of brief but omitted from statement of issues and body of brief was not preserved

assistant: The best answer is A. holding issues referred to in the statement of the case but not discussed in the body of the opening brief are deemed waived
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 Secured Party by accepting the benefits of the Loan Documents agrees that (i) any action taken by the Administrative Agent or the Required Lenders (or, if expressly required hereby, a greater proportion of the Lenders) in accordance with the provisions of the Loan Documents, (ii) any action taken by the Administrative Agent in reliance upon the instructions of Required Lenders (or, where so required, such greater proportion) and (iii) the exercise by the Administrative Agent or the Required Lenders (or, where so required, such greater proportion) of the powers set forth herein or therein, together with such other powers as are reasonably incidental thereto, shall be authorized and binding upon all of the Secured Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: factor warranted an additional one level under the circumstances. Thus, totaling the above factors, I concluded that an eight level reduction was appropriate. This brought defendant to an offense level of 21 and an imprisonment range of 46-57 months. Consistent with the recommendations of both parties, I re-sentenced defendant at the low end. All other conditions of the original judgment were re-imposed. 1 . Drug trafficking cases accounted for 22,882 of the 54,785 cases reported by the Commission in the FY 2001 statistics. Id. at 56. Courts granted 6023 substantial assistance departures in those 22,882 cases, but only 3346 substantial assistance departures in the 31,903 non-drug trafficking cases reported. Id.; see also id. at 80 (stating that substantial assistanc 5 (E.D.Wis.2002) Options: A. holding that the maximum revocation sentence is the top of the guidelines range B. recognizing a claim that the sentence exceeded the statutory maximum C. holding statutory error harmless where district court imposed the highest available sentence under guidelines range and considered sentencing to the statutory maximum D. holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum E. holding that where the statutory mandatory minimum sentence is higher than the upper end of the guideline range the court departs from the statutory level ie the lowest offense level that could support the statutory minimum

assistant: The best answer is D. holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum
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 case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal. A certified copy of the order of remand shall be mailed by the clerk to the clerk of the State court. The state court may thereupon proceed with such case. A court is “without jurisdiction to review a remand order grounded in Section 1447(c) even if based on erroneous principles or analysis.” Van Meter v. State Farm Fire & Cas. Co., 1 F.3d 445, 448 (6th Cir.1993) (citation omitted). To determine whether a district court is precluded from reviewing a magistrate-issued remand order, we must first determine whether that order constitutes a § 1447(c) remand order. We agree with the Third Circuit’s determination that a magistrate-issued r 413, 414 (9th Cir.1988) (<HOLDING>). “[After certification to the state court[,] a Options: A. holding that mere entry of a remand order divests a federal court of jurisdiction even where no certified copy of the order was mailed to a state court B. holding that certification of a remand order divests federal court jurisdiction C. holding that the mailing of a certified copy of a remand order to a state court divests federal jurisdiction D. holding that filing of appeal to federal circuit divests this court of jurisdiction to consider motion to stay court order pending appeal E. holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal

assistant: The best answer is B. holding that certification of a remand order divests federal court 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: the community of nations, does not reach the humiliation which Petitioner states he would experience in complying with the agency’s drug testing requirements.”). In light of the foregoing, plaintiffs claims for violation of the UDHR must be dismissed. c. The Court Lacks Jurisdiction Over Plaintiffs Tort Claims Some of plaintiffs claims sound in tort. See Compl. 7-8 (claiming damages for sexual harassment, physical harassment, libel, slander, and “pain and suffering”). The court does not have jurisdiction over tort claims; the Tucker Act specifically excludes tort from the subject matter jurisdiction of this court. 28 U.S.C. § 1491(a)(1). The court has consistently declined to hear claims sounding in tort. See, e.g., Souders v. S.C. Pub. Serv. Auth., 497 F.3d 1303, 1307 (Fed. Cir.2007) (<HOLDING>); Moore v. Durango Jail, 77 Fed.Cl. 92, 96 Options: A. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute B. holding when constitutional claims are premised on the notion that the united states has some contractual obligation to the plaintiff that it has failed to satisfy the claims are contractually based and must be heard in the court of federal claims C. holding that the united states court of federal claims lacks jurisdiction over claims sounding in tort including fraud D. holding section 101106f cannot be used by employees to obtain dismissal of common law intentional tort claims because those claims could not have been brought under the texas tort claims act E. holding that plaintiffs negligence claims sounded in tort and thus could not be transferred to the united states court of federal claims

assistant: The best answer is E. holding that plaintiffs negligence claims sounded in tort and thus could not be transferred to the united states court of federal claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any provision of this Plan is found to be invalid or otherwise unenforceable under any applicable law, such invalidity or unenforceability will not be construed as rendering any other provisions contained herein as invalid or unenforceable, and all such other provisions will be given full force and effect to the same extent as though the invalid or unenforceable provision was not contained herein.

assistant: Severability
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: 22.7 unless specified otherwise , any notices or other communications to members permitted or required under this agreement , will be in writing and given by airbnb via email , airbnb platform notification , or messaging service ( including sms and wechat ) .

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) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer.

assistant: No Waivers
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 effect of withdrawing the fact from contention. While recognizing that there appear to be no published Massachusetts cases specifically addressing whether sale proceeds of an exempt asset remain exempt, the Debtor, citing Reed v. Yochem (In re Reed), 184 B.R. 733 (Bankr.W.D.Tex.1995), and In re Feiner, No. 02-12235-JNF, Slip op. (Bankr.D.Mass. March 7, 2003), argues that “the substantial majority of courts have [sic] considered this issue and ruled, consistent with the clear wording of the statute, that a post-petition transformation of exempt property into a form of property which could not be exempt under state law, does not render the property suddenly available to creditors.” He concludes, based upon S & C Home Loans, Inc. v. Farr (In re Farr), 278 B.R. 171 (9th Cir. BAP 2002)(<HOLDING>), that the net sale proceeds from the Property Options: A. holding that the code excepts from discharge debts resulting from agreements by the debtor to hold the debtors spouse harmless on joint debts to the extent those debts are in the nature of alimony maintenance or support B. holding that in a chapter 7 case postpetition interest on a nondischargeable tax claim is also nondischargeable C. holding nondischargeable a debtors obligation to his former spouse under a divorce decree to assume liability for two joint debts to a third party and stating that 523a15 is intended to cover divorcerelated debts such as those in property settlement agreements D. holding punitive damages nondischargeable under 523a6 when such damages are based on the same conduct as the underlying nondischargeable judgment E. holding that only property exempted under 522 is protected from the reach of holders of nondischargeable debts

assistant: The best answer is E. holding that only property exempted under 522 is protected from the reach of holders of nondischargeable debts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent permitted by applicable law, each Guarantor hereby waives promptness, diligence, protest, notice of acceptance and any other notice or formality of any kind with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Collateral Agent exhaust any right or take any action against any Transaction Party or any other Person or any Collateral. Each Guarantor acknowledges that it will receive direct and indirect benefits from the financing arrangements contemplated herein and that the waiver set forth in this Section 4 is knowingly made in contemplation of such benefits. The Guarantors hereby waive any right to revoke this Guaranty, and acknowledge that this Guaranty is continuing in nature and applies to all Guaranteed Obligations, whether existing now or in the future. Without limiting the foregoing, to the extent permitted by applicable law, each Guarantor hereby unconditionally and irrevocably waives (a) any defense arising by reason of any claim or defense based upon an election of remedies by the Collateral Agent or the Buyer that in any manner impairs, reduces, releases or otherwise adversely affects the subrogation, reimbursement, exoneration, contribution or indemnification rights of such Guarantor or other rights of such Guarantor to proceed against any of the other Transaction Parties, any other guarantor or any other Person or any Collateral, and (b) any defense based on any right of set-off or counterclaim against or in respect of the Guaranteed Obligations of such Guarantor hereunder. Each Guarantor hereby unconditionally and irrevocably waives any duty on the part of the Collateral Agent, the Buyer and/or any other Noteholder to disclose to such Guarantor any matter, fact or thing relating to the business, condition (financial or otherwise), operations, performance, properties or prospects of any other Transaction Party or [any of its Subsidiaries] now or hereafter known by the Collateral Agent, the Buyer and/or any other Noteholder.

assistant: Waivers
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: no evidence that Georgia’s “general” K-12 local schools offer “a year round program with multi-age, student-centered classrooms featuring pedagogy that is based on constructivist and multiple intelligence learning” like CCAT. Why is that curriculum not sufficiently different to qualify as “special”? Again, the majority does not say. If a “special school” is to be compared to the ordinary local school and must only differ to some extent, then the Charter Schools Commission could create all sorts of commission charter schools that should satisfy constitutional scrutiny, even if the three charter schools at issue in this case are not “different” enough to satisfy the majority. If that is the case, the majority errs in striking down the 2008 Act on its face. See Blevins, 288 Ga. at 118 (<HOLDING>). In the normal course of constitutional Options: A. recognizing that a plaintiff may be able to establish that the statute is unconstitutional by showing that the statute lacks any plainly legitimate sweep citation omitted B. holding that facially valid indictment may not be challenged on the ground that it is based on inadequate evidence C. holding that the title of the statute did not limit the reach of the statute D. holding that person challenging statute as facially vague must show that the challenged law is unconstitutional in every possible application E. holding that a statute may be facially challenged only by establishing that no set of circumstances exists under which the statute would be valid ie that the law is unconstitutional in all of its applications or at least that the statute lacks a plainly legitimate sweep

assistant: The best answer is E. holding that a statute may be facially challenged only by establishing that no set of circumstances exists under which the statute would be valid ie that the law is unconstitutional in all of its applications or at least that the statute lacks a plainly legitimate sweep
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, the Company Investors Agreement and the Holdings Investment Agreement (including any schedules thereof) constitute the entire contractual understanding between the parties and supersedes all proposals, commitments, writings, negotiations, and understandings, or and written, and all other communications between the parties relating to the subject matter hereof. In the event of a conflict between this Agreement and the Holdings Investment Agreement, or the Company Investors Agreement, this Agreement shall control.

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: The term of this Agreement (the “ Storage Term ”) shall commence on the Commencement Date and end on the later of the Termination Date or the last day on which any Materials are held by Macquarie Group in any of the Storage Facilities.

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: standard by which conduct can be judged, the required specificity may nonetheless be provided by the common knowledge and understanding of members of the particular vocation or profession to which the standard applies.”). We believe that there could be no misunderstanding by a veteran of the horse-racing industry like Perez — indeed, by any reasonable person — that banging on tables, repeatedly shouting obscenities and threatening to choke a racing official at an official Stewards’ meeting would impede the Stewards’ efforts to investigate Perez’s very serious allegations — that Lakow was “fixing” races by manipulating race entries — and, thus, constitute conduct “detrimental to the best interests of racing generally.” See Hadges v. Corbisiero, 739 F.Supp. 792, 793 (S.D.N.Y.1989) (<HOLDING>); cf. LeRoy v. Illinois Racing Bd., 39 F.3d Options: A. holding that statute that permitted termination of teachers for due and sufficient cause was not vague as applied B. holding that attorney disciplinary rule was unconstitutionally vague as applied C. holding that harnessracing regulation prohibiting conduct detrimental to the best interests of racing was not vague as applied to plaintiff who was an experienced horseman and should have known that passing wagering information was prohibited D. holding facta was not vague and ambiguous and that defendants conduct was willful E. holding that a request is sufficiently clear if the administrator knew or should have known that plan information was requested

assistant: The best answer is C. holding that harnessracing regulation prohibiting conduct detrimental to the best interests of racing was not vague as applied to plaintiff who was an experienced horseman and should have known that passing wagering information was prohibited
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 grant spotify a non-exclusive , transferable , sub-licensable , royalty-free , perpetual ( or , in jurisdictions where this is not permitted , for a term equal to the duration of the agreements plus twenty ( 20 ) years ) , irrevocable , fully paid , worldwide licence to use , reproduce , make available to the public ( e.g. perform or display ) , publish , translate , modify , create derivative works from , and distribute any of your user content in connection with the service through any medium , whether alone or in combination with other content or materials , in any manner and by any means , method or technology , whether now known or hereafter created .

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 Board may grant options to purchase Common Stock (each, an “Option”) and determine the number of shares of Common Stock to be covered by each Option, the exercise price of each Option and the conditions and limitations applicable to the exercise of each Option, including conditions relating to applicable federal or state securities laws, as it considers necessary or advisable. An Option which is not intended to be an Incentive Stock Option (as hereinafter defined) shall be designated a “Nonstatutory Stock Option”.

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 legal provision and list the applicable contract clause categories. Provision: In the case of the Disability of a Participant prior to the commencement of distribution of the Participant’s Account balance, the Participant’s Account balance shall be distributed to the Participant in a lump sum as soon as administratively possible (and in no event later than 90 days) after it has been determined by the Committee that the Participant suffers from a Disability. The value of the Participant’s Account shall be determined as of the date on which it has been determined by the Committee that the Participant suffers from a Disability.

assistant: Disability
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 duolingo acknowledge that apple is not responsible for addressing any claims of you or any third party relating to the apps or your possession and/or use of any app , including , but not limited to : ( i ) product liability claims ; ( ii ) any claim that an app fails to conform to any applicable legal or regulatory requirement ; and ( iii ) claims arising under consumer protection or similar legislation .

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 representations, warranties, covenants and agreements made by or on behalf of the Borrower in this Agreement and in the other Credit Documents shall be considered to have been relied upon by the other parties hereto and survive the execution and delivery hereof or thereof and repayment of all Loans, and shall continue in full force and effect as long as any Obligation hereunder shall remain unpaid or unsatisfied. In addition, notwithstanding anything herein or under applicable law to the contrary, the provisions of this Agreement and the other Credit Documents relating to indemnification or payment of costs and expenses, including, without limitation, the provisions of Sections 2.16(a) , 2.16(b) , 2.17 , and 10.1 and Article IX , shall survive the payment in full of all Loans, the termination of the Commitments, and any termination of this Agreement or any of the other Credit Documents or any provision hereof or thereof.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 358 U.S. 101 79 S.Ct. 221 3 L.Ed.2d 145 Ruby Fredricka SHUTTLESWORTH, by her Next Friend, F. L. Shuttlesworth, et al., appellants,v.BIRMINGHAM BOARD OF EDUCATION OF JEFFERSON COUNTY, ALABAMA. No. 341. Supreme Court of the United States November 24, 1958 Mr. James M. Nabrit, Jr., for appellants. Messrs. Ormond Somerville, Reid B. Barnes and Jos. F. Johnston, for appellee. PER CURIAM. 1 The motion to affirm is granted and the judgment is affirmed upon the limited grounds on which the District Court rested its decision. 162 F.Supp. 372, 384.

assistant: 2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of value’ is furnished for the referral of real estate settlement business ... [and to prohibit] a person that renders a settlement service from giving or rebating any portion of the charge to any other person except in return for services actually performed.” Mercado v. Calumet Fed. Savings & Loan Ass’n, 763 F.2d 269, 270-71 (7th Cir.1985) (Mercado) (quoting S.Rep. No. 93-866, 93rd Cong., 2d Sess. (1974), reprinted in 1974 U.S.C.C.A.N. 6551). This reading of the statute is consistent with the decisions of both the Fourth and Seventh Circuits, which have held that the plain language of Section 8(b) requires plaintiffs to plead facts showing that the defendant illegally shared fees with a third party. See Boulware v. Crossland Mortgage Corp., 291 F.3d 261, 265 (4th Cir.2002) (.Boulware) (<HOLDING>); Echevarria, 256 F.3d at 626 (affirming Options: A. holding that a defaulting party admits only to the liability of his or her portion of the damages and therefore what must be determined after the entry of default is the dollar amount of the damages suffered by the injured party and the portion of those damages to be awarded against the defaulting party based upon the extent of its percentage of negligence B. holding that a third party has authority to consent to a search if the third party is a coinhabitant C. holding 8b only prohibits overcharges when a portion or percentage of the overcharge is kicked back to or split with a third party D. holding the family court has jurisdiction to join third parties when property is alleged to be marital but is owned by a third party E. holding that where a third partys conduct is closely related to the contractual relationship or the contractual dispute and where the third party enjoys financial benefit from the contract the forum selection clause applies to the third party

assistant: The best answer is C. holding 8b only prohibits overcharges when a portion or percentage of the overcharge is kicked back to or split with a third party
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 payments and prepayments to be made in respect of principal, interest, Commitment Fees, Letter of Credit Fees, Administrative Agent's Fee or other fees or amounts due from the Borrower hereunder shall be payable prior to 1:00 p.m. on the date when due without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrower, and without set-off, counterclaim or other deduction of any nature, and an action therefor shall immediately accrue. Such payments shall be made to the Administrative Agent at the Principal Office for the account of PNC with respect to the Swing Loans and for the ratable accounts of the Lenders with respect to the Revolving Credit Loans in U.S. Dollars and in immediately available funds, and the Administrative Agent shall promptly distribute such amounts to the Lenders in immediately available funds; provided that in the event payments are received by 1:00 p.m. by the Administrative Agent with respect to the Loans and such payments are not distributed to the Lenders on the same day received by the Administrative Agent, the Administrative Agent shall pay the Lenders interest at the Federal Funds Effective Rate in the case of Loans or other amounts due in Dollars, or the Overnight Rate in the case of Loans or other amounts due in an Optional Currency, with respect to the amount of such payments for each day held by the Administrative Agent and not distributed to the Lenders. The Administrative Agent's and each Lender's statement of account, ledger or other relevant record shall, in the absence of manifest error, be conclusive as the statement of the amount of principal of and interest on the Loans and other amounts owing under this Agreement (including the Equivalent Amounts of the applicable currencies where such computations are required) and shall be deemed an "account stated". All payments of principal and interest made in respect of the Loans must be repaid in the same currency (whether Dollars or the applicable Optional Currency) in which such Loan was made and all Unpaid Drawings with respect to each Letter of Credit shall be made in the same currency (whether Dollars or the applicable Alternate Currency) in which such Letter of Credit was issued. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the applicable Borrower with the Administrative Agent.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for example , we do n't make any commitments about the content within the services , the specific functions of the services , or their reliability , availability , or ability to meet your needs .

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 shall pay to the Servicing Agent for the account of each Bank ratably in proportion to its Credit Exposure a facility fee at the Facility Fee Rate (determined daily in accordance with the Pricing Schedule) on the aggregate amount of the Credit Exposures on such day; provided that no Defaulting Bank shall be entitled to receive any facility fee except in respect of its outstanding Loans for any period during which that Bank is a Defaulting Bank (and the Borrower shall not be required to pay such fee that otherwise would have been required to have been paid to that Defaulting Bank). Such facility fee shall accrue from and including the Effective Date to but excluding the date on which the Credit Exposures are reduced to zero.

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 case excerpt and choose the best holding from the options. Case excerpt: to include polygraph and computerized voice-stress examinations. We assume the parties’ familiarity with the facts and procedural history, which we reference only as necessary to explain our decision to affirm. In general, a district court may impose a special condition of supervised release so long as the condition (1) is “reasonably related” to the nature of the offense and to the goals of deterrence, rehabilitation, and public safety described in 18 U.S.C. § 3558(a); (2) “involves no greater deprivation of liberty than is reasonably necessary” to achieve these purposes of sentencing; and (3) “is consistent with any pertinent policy statements issued by the Sentencing Commission.” 18 U.S.C. § 3583(d)(l)-(3); see also United States v. MacMillen, 544 F.3d 71, 74-75 (2d Cir.2008) (<HOLDING>). Ayers does not dispute that the ordered Options: A. recognizing district courts wide latitude in imposing supervised release conditions B. recognizing that probation officers are mandated to enforce a sentencing courts terms and conditions of supervised release C. recognizing defense counsel must have wide latitude in making tactical decisions D. recognizing the wide latitude district courts enjoy in interpreting and administering their own rules E. holding that further supervised release may be ordered as a sentence for violation of supervised release

assistant: The best answer is A. recognizing district courts wide latitude in imposing supervised release conditions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of constitutional finality that attend an acquittal.” Id. at 729, 118 S.Ct. 2246 (citation omitted) (quoting United States v. DiFrancesco, 449 U.S. 117, 134, 101 S.Ct. 426, 66 L.Ed.2d 328 (1980)). Like the United States Supreme Court, we find that the Double Jeopardy Clause does not preclude granting the State a second opportunity to demonstrate that Collins meets the criteria for habitualization. A second attempt to prove the criteria for an enhanced sentence does not equate to “a second prosecution for the same offense after acquittal.” Lippman, 633 So.2d at 1064 (quoting Pearce, 395 U.S. at 717, 89 S.Ct. 2072). We have held in other contexts that a resentencing following a reversal on a sentencing issue does not implicate double jeopardy concerns. See Trotter, 825 So.2d at 368 (<HOLDING>); Harris v. State, 645 So.2d 386, 388 Options: A. holding that double jeopardy clause did not apply to forfeiture proceeding before the court B. holding that imposition of a habitual offender sentence on remand after the trial courts pronouncement of a nonhabitual sentence in the original proceeding does not violate double jeopardy C. holding that double jeopardy principles are not violated where the trial court did not impose a multiplier at the original sentencing but imposed a multiplier on remand D. holding that in a new sentencing proceeding after the original sentence has been vacated by the appellate court the trial court is not precluded from applying a drugtrafficking multiplier that it did not use in formulating the original sentence E. holding that double jeopardy protections did not prevent the state from presenting evidence of youthschool sentencing enhancement when the original sentence was overturned on appeal

assistant: The best answer is C. holding that double jeopardy principles are not violated where the trial court did not impose a multiplier at the original sentencing but imposed a multiplier on remand
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: (1993) (<HOLDING>). We granted review to resolve the conflict. We Options: A. holding that failure to instruct on an essential element was harmless error because the element was so clearly established B. holding that the annual dollar value requirement of enterprise coverage is an element of the claim C. holding the connection is an element D. holding dollar amount is not an essential element E. holding that causation is an essential element in failure to warn claim

assistant: The best answer is D. holding dollar amount is not an essential element