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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: as a condition of submitting any ratings , reviews , information , data , text , photographs , audio clips , audiovisual works , translations , flashcards or other materials on the services ( `` content '' ) , you hereby grant to duolingo a royalty free , perpetual , irrevocable , worldwide , nonexclusive , transferable , and sublicensable license to use , reproduce , copy , adapt , modify , merge , distribute , publicly display , create derivative works from , incorporate such content into other works ; sublicense through multiple tiers the content , and acknowledge that this license can not be terminated by you once your content is submitted to the services .

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: protected ... freedom of speech even if he has no entitlement to that benefit. Bd. of County Comm’rs v. Umbehr, 518 U.S. 668, 674, 116 S.Ct. 2342, 135 L.Ed.2d 843 (1996) (internal quotation marks and citation omitted) (alterations in original). Umbehr involved a § 1983 claim for unlawful retaliation brought against the county’s governing body by an independent contractor who provided trash collection services to the county. The Court held that the contractor had stated a cause of action based on the allegation that his contract was terminated in retaliation for his criticism of the county commission. Umbehr is an extension of the protections provided to public employees under the First Amendment. See Pickering v. Bd. of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968) (<HOLDING>). We believe that the Supreme Court’s rulings Options: A. holding that issues involving the local board of education were matters of public importance B. holding that members of the board of trustees of an elementary school had standing to challenge the actions of the county board of education because they suffered an actual injury when the county board nullified their unanimous vote to reject a candidate for principal of the elementary school C. holding that the board did not abuse its discretion by dismissing an untimely appeal where the appellant failed to respond to a board order to show cause D. holding that a teachers first amendment rights were violated when the board of education dismissed him for sending a letter to newspaper criticizing a proposed tax increase E. holding that the board of education violated a school teachers first amendment rights by dismissing him because he had criticized the board in a letter to the local newspaper

assistant: The best answer is E. holding that the board of education violated a school teachers first amendment rights by dismissing him because he had criticized the board in a letter to the local newspaper
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: any other claims , losses , liabilities , damages , costs , or expenses attributable to any failure of an app to conform to any warranty will be the sole responsibility of niantic .

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: It is expressly understood and agreed between the Parties that Advisor is acting solely as an independent contractor in performing the Services, and that Advisor will not be considered an employee of the Company within the meaning or application of any federal, state or local laws or regulations, including, but not limited to, laws or regulations covering unemployment insurance, retirement benefits, workers’ compensation insurance, labor or taxes of any kind. Neither Advisor nor the Company shall represent directly or indirectly that Advisor is an agent or employee of the Company. Advisor understands that the Company shall not carry workers’ compensation insurance or any health or accident insurance or any other type of insurance to cover Advisor and further understands that the Company shall have no responsibility or liability whatsoever for any injuries or other damages sustained or incurred by Advisor in connection with the Services. Advisor also understands that the Company shall not pay any contributions to Social Security, unemployment insurance, federal or state withholding taxes with respect to amounts due Advisor hereunder, or provide any other contributions or benefits that might be expected in an employer-employee relationship, and Advisor expressly waives any right to such participation or coverage. Advisor acknowledges that Advisor is solely responsible for payment of all taxes, withholdings and other similar statutory obligations. Advisor hereby indemnifies, defends and holds harmless the Company from and against any and all claims with respect to the matters described in this Section 5 in the event of Advisor’s failure to do so.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto recognize that the Company or an Affiliate may be obligated to withhold federal and state taxes or other taxes upon the vesting of the Performance Share Units or Restricted Stock or, in the event that the Chairman elects under Code Section 83(b) to report the receipt of the Restricted Shares as income in the year of receipt, upon the Chairman’s receipt of the Restricted Shares, and upon the payment of any cash relating to earned dividend equivalents at the time of issuance. The Chairman agrees that, at such time, if the Company or an Affiliate is required to withhold such taxes, the Chairman will promptly pay, in cash upon demand (or in any other manner permitted by the Committee in accordance with the terms of the Plan), to the Company or an Affiliate such amounts as shall be necessary to satisfy such obligation, and the issuance of Shares in connection with the vesting of any Performance Share Units shall be conditioned upon the prior payment by the Chairman, or the establishment of arrangements satisfactory to the Committee for the payment by the Chairman, of such obligation. The Chairman further acknowledges that the Company has directed the Chairman to seek independent advice regarding the applicable provisions of the Code, the income tax laws of any municipality, state or foreign country in which the Chairman may reside, and the tax consequences of the Chairman’s death.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Immediately after giving effect to this Amendment (i) no fact or condition exists that would (or would, with the passage of time, the giving of notice, or both) constitute an Event of Default, and (ii) no event that has had or could reasonably be expected to have a Material Adverse Effect has occurred and is continuing.

assistant: No Defaults
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: It is the express intention and agreement of the parties hereto that the provisions of Sections 8 and 9 hereof shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and conditions set forth herein.

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 case excerpt and choose the best holding from the options. Case excerpt: executed U-4 registration agreement. ISSUES I. Does Ottman’s defamation claim fall within the scope of the U-4 registration agreement? II. Does compelling arbitration violate Ottman’s right to a jury trial? III. Is Ottman pursuing a baseless claim? ANALYSIS Whether a party has agreed to arbitrate a particular dispute is a matter of contract interpretation, which we review de novo. See Johnson v. Piper Jaffray, Inc., 530 N.W.2d 790, 795 (Minn.1995) (agreement to arbitrate matter of contract interpretation); Turner v. Alpha Phi Sorority House, 276 N.W.2d 63, 66 (Minn.1979) (contract interpretation subject to de novo review). We resolve any doubts in favor of arbitration. See Moses H. Cone Mem’l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 24-25, 103 S.Ct. 927, 941, 74 L.Ed.2d 765 (1983) (<HOLDING>); see also 9 U.S.C. §§ 1-15 (1988) (codifying Options: A. holding any doubts concerning scope of arbitrable issues resolved in favor of arbitration B. holding that the workers compensation act is to be liberally construed and reasonable doubts as to construction are to be resolved in favor of coverage C. holding that we resolve doubts about the usefulness of expert testimony in favor of admissibility D. holding that a settlement agreement is an arbitrable subject when the underlying dispute is arbitrable E. holding that statutes and ordinances are presumed to be constitutional and all reasonable doubts must be resolved in favor of constitutionality

assistant: The best answer is A. holding any doubts concerning scope of arbitrable issues resolved in favor of arbitration
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: Moreover, plaintiff has not argued that defendant bears the burden on the question of security, and whether the burden is appropriately on the defendant is not as clear in this jurisdiction as the Kend court considered it to be in another. For example, in Walker, the court discussed and dismissed the notion that the defendant bore the burden of showing that “the attachment is not necessary for security when plaintiff was not granted the attachment on that ground,” noting that such a burden would “raise serious questions as [to] the constitutionality of C.P.L.R. § 6223 as applied.” 424 F.Supp. at 97. Cf. Sugar v. Curtis Circulation Co., 383 F.Supp. 643 (S.D.N.Y.1974) (three-judge court), vacated and remanded sub nom. Carey v. Sugar, 425 U.S. 73, 96 S.Ct. 1208, 47 L.Ed.2d 587 (1976) (<HOLDING>). See also AMF, Inc. v. Algo Distributors, 48 Options: A. holding that if the trial court would have had no discretion to deny summary judgment on an alternative ground the appellate court can on that alternative ground sustain the order granting summary judgment B. holding that defendant waived ineffective assistance claim based on trial counsels failure to emphasize certain evidence where amended motion for new trial did not assert claim of ineffectiveness on that ground and no argument related to the asserted ground was made at the motion for new trial hearing C. holding that new yorks attachment procedure was unconstitutional vacated on the ground that the federal court should have abstained D. holding that since district court of appeal properly found that the trial court lacked jurisdiction to rule on a 3850 motion during the pendency of a direct appeal the district court of appeal should have vacated the order rather than affirming on the merits E. holding an issue not preserved when one ground is raised to the trial court and another ground is raised on appeal

assistant: The best answer is C. holding that new yorks attachment procedure was unconstitutional vacated on the ground that the federal court should have abstained
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: R.R. 89a. 8 . The dissent contends that the Zoning Officer’s refusal to reclassify Darrah’s business as a processing establishment is a “determination" appealable to the Board. If a zoning board may not issue an advisory opinion, then neither can its zoning officer. The principle of Miller and Hopkins cannot be side-stepped simply by first requesting an opinion from a zoning officer. Further, a "reclassification” is nowhere addressed in the MPC. Darrah sought this "determination” in an effort to lock in a defense to the Township’s threatened enforcement action. When and if that action takes place, Darrah may litigate its theory that it is not a junkyard. See, e.g., Berger v. Commonwealth, Department of Environmental Resources, 42 Pa.Cmwlth. 206, 400 A.2d 905, 907 (1979) (<HOLDING>). DISSENTING OPINION BY President Judge Options: A. holding that declaratory relief is not appropriate for determination of rights in anticipation of enforcement action that may never occur B. holding that the first filed rule should not be mechanically applied when a declaratory judgment action is filed in anticipation of a coercive action C. holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action D. holding that the determination and assessment of damages are not the primary purpose of a declaratory action E. holding that a district court may dismiss a declaratory judgment action that was filed in anticipation of impending litigation and motivated solely by considerations of forum shopping

assistant: The best answer is A. holding that declaratory relief is not appropriate for determination of rights in anticipation of enforcement action that may never occur
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 Amendment may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original and all of which shall constitute the same instrument. Any and all counterparts may be executed by facsimile.

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: 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; provided 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 is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire and the tax documentation required pursuant to Section 3.01.

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 legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of any event triggering the prepayment requirement under clauses (i) through and including (iii) above, the Borrower shall promptly deliver a Notice of Prepayment to the Administrative Agent and upon receipt of such notice, the Administrative Agent shall promptly so notify the Lenders. Each prepayment of the Loans under this Section shall be applied as follows: first , to the next four scheduled installments of the Initial Term Loans pursuant to Section 4.3 in direct order of maturity and, thereafter, pro rata to the remaining scheduled principal installments of the Initial Term Loans pursuant to Section 4.3 , second , to any other Term Loans that remain outstanding and third , to the extent of any excess, to repay the Revolving Credit Loans pursuant to Section 2.4(d) , with a corresponding permanent reduction in the Revolving Credit Commitment.

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 case excerpt and choose the best holding from the options. Case excerpt: briefs related to additional authority upon which defendant relied during oral argument. With briefing fully completed, the court is prepared to rule. III. LEGAL STANDARDS A. RCFC 12(b)(1) Motion to Dismiss The burden of establishing the court’s subject matter jurisdiction resides with the party seeking to invoke it. McNutt v. Gen. Motors Acceptance Corp. of Ind., 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); see also Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988) (stating that the plaintiff bears the burden of establishing jurisdiction by a preponderance of the evidence). The court “consider[s] the facts alleged in the complaint to be true and correct.” Reynolds, 846 F.2d at 747; see also Henke v. United States, 60 F.3d 795, 797 (Fed.Cir.1995) (<HOLDING>); cf. Betz v. United States, 40 Fed.Cl. 286, Options: A. recognizing the courts obligation to assume all factual allegations to be true and to draw all reasonable inferences in plaintiffs favor B. holding that for purposes of a class certification motion the court must accept as true all factual allegations in the complaint and may draw reasonable inferences therefrom C. holding court obligated to draw all reasonable inferences in plaintiffs favor D. holding courts are obligated to draw all reasonable inferences in plaintiffs favor E. holding that courts are obligated to draw all reasonable inferences in plaintiffs favor

assistant: The best answer is A. recognizing the courts obligation to assume all factual allegations to be true and to draw all reasonable inferences in plaintiffs favor
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: monthly income was $3,750. The bankruptcy court also found that Jorgensen’s necessary average monthly expenses were $4,100. The bankruptcy court concluded that Jorgensen’s expenses were “essential ... due to the nature of her employment and her serious health issues.” ECMC contends that the bankruptcy court’s conclusion is erroneous because Jorgensen’s budget contains unnecessary items such as a new car, extravagant food spending, new clothes, dry cleaning, travel, and miscellaneous expenses. ECMC contends that Jorgensen’s budget does not constitute a minimal standard of living. ECMC argues that courts have declined to discharge student loan debt where the debtor’s budget included a new ear, high clothing expenses, and extravagant food expenses. See In re Nascimento, 241 B.R. at 445 (<HOLDING>); Chapelle v. Educ. Credit Mgmt. Corp. (In re Options: A. holding even minimal payment required by the icrp could be beyond the debtors means B. holding that plaintiffs who were in the car during car accident could recover for emotional damages because they were within zone of danger C. holding that a debtors expenses were not minimal because they included a hairdresser chiropractor and 544 car payment D. holding that debtors were entitled to discharge of their student loans despite the fact that they received a postpetition lump sum payment for pastdue disability and used it to purchase an approximately twenty 20 year old car and to pay other bills the ninth circuit reasoned that this did not preclude the debtors from satisfying the third brunner prong because of the cars age implying that debtors did not incur a large expense and the creditors failure to show why good faith would require the debtors to pay off the student loan instead of their other debts E. holding that a debtors ability to make reduced payments under the icrp is relevant to the inquiry of whether the debtors reasonable future financial resources will cover payment of the debt while still allowing a minimal standard of living

assistant: The best answer is C. holding that a debtors expenses were not minimal because they included a hairdresser chiropractor and 544 car payment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: For example, courts have allowed individuals judicially to enforce treaties that govern the rights of foreign nationals to inherit property, despite the absence of explicit treaty wording providing for such individual enforcement, most likely because the right-granting wording in those treaties makes sense only if it is read to confer an individually enforceable right. See, e.g., Clark v. Allen, 331 US 503, 507-08, 67 S Ct 1431, 91 L Ed 1633 (1947) (dealing with such a treaty). On the other hand, an individual right of judicial enforcement will not be Inferred from the mere fact that a treaty sets out substantive rules of conduct that, if honored, would benefit individuals. See, e.g., Argentine Republic v. Amerada Hess Shipping, 488 US 428, 442, 109 S Ct 683, 102 L Ed 2d 818 (1989) (<HOLDING>); United States ex rel Lujan v. Gengler, 510 Options: A. holding that united states admiralty jurisdiction extended not only to the high seas but also to american vessels in foreign waters B. holding that a purchase agreement for a foreign corporations stock is not subject to section 10b even if the closing occurred in the united states C. holding inter alia that a united states court retains jurisdiction over persons arrested on a foreign ship beyond the us navigable waters when said arrest violates a treaty to which the united states and the foreign country are parties D. holding that section 4625bc does not create a private right of action for money damages E. holding that geneva convention on the high seas which provides that illegally boarded merchant ship shall be compensated for any loss or damage that may have been sustained does not create private right of action for foreign corporations to recover compensation in united states courts

assistant: The best answer is E. holding that geneva convention on the high seas which provides that illegally boarded merchant ship shall be compensated for any loss or damage that may have been sustained does not create private right of action for foreign corporations to recover compensation in united states courts
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: holding that a workers’ compensation award will not be set aside based upon a party’s unilateral mistake. For example, in Smith v. First Choice Servs., 158 N.C. App. 244, 249, 580 S.E.2d 743, 748, disc. review denied, 357 N.C. 461, 586 S.E.2d 99 (2003), the claimant was an officer of the employer. On appeal, we affirmed the Commission’s decision that, because the workers’ compensation pol icy included coverage for company officers, the carrier was liable for the plaintiffs compensable injury even though the extension of coverage to officers in the relevant policy provisions may have resulted from a unilateral mistake on the part of the carrier. See also Brookover v. Borden, Inc., 100 N.C. App. 754, 398 S.E.2d 604 (1990), disc. review denied, 328 N.C. 270, 400 S.E.2d 450 (1991) (<HOLDING>). Similarly, this rule is consistent with the Options: A. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment B. holding that a unilateral mistake by an unrepresented claimant would not support a decision to set aside a settlement agreement that the plaintiff had signed C. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt D. recognizing that a trial court can set aside verdict E. holding that where both parties had all the facts needed to form a correct conclusion as to the law a settlement will not be set aside on theory of mutual mistake

assistant: The best answer is B. holding that a unilateral mistake by an unrepresented claimant would not support a decision to set aside a settlement agreement that the plaintiff had signed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions, suits, proceedings or, to the Company's Knowledge, any investigations, pending or currently threatened against the Company that questions the validity of this Agreement or the issuance of the Shares contemplated hereby. As of the Closing, there is no other action, suit, or proceeding pending or, to the Company's Knowledge, currently threatened against the Company, except as disclosed in the SEC Documents and except as would not have a Material Adverse Effect. As of the Closing, there are no material outstanding consents, orders, decrees or judgments of any Governmental Entity naming the Company, except as disclosed in the SEC Documents and except as would not have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If (a) the interest on any Loan or any facility or other fee shall not be paid in full punctually when due and payable or within five Business Days thereafter, or (b) the principal of any Loan or any obligation under any Letter of Credit shall not be paid in full when due and payable.

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: The Company and its Subsidiaries have filed all United States federal Tax returns and all other material Tax returns which are required to be filed by any of them and have paid all Taxes shown to be due and payable pursuant to said returns or pursuant to any assessment received by the Company or any such Subsidiary, except such Taxes, if any, (i) as are being contested in good faith and with respect to which adequate reserves required in accordance with GAAP have been set aside on the books of the Company or such Subsidiary, as applicable or (ii) to the extent that the failure to file such Tax returns or pay such Taxes would not result in a Material Adverse Effect. To the best of the Company’s knowledge, no Tax liens have been filed and no claims are being asserted with respect to any such taxes other than liens for Taxes that (i) are not overdue by more than 30 days or (ii) are being contested in good faith and with respect to which adequate reserves required in accordance with GAAP have been set aside on the books of the Company or such Subsidiary, as applicable.

assistant: Taxes
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, demand or other communication which any party hereto may be required, or may elect, to give to anyone interested hereunder shall be sufficiently given if (a) deposited, prepaid, with a recognized international courier service, (b) delivered personally, (c) upon the expiration of twenty four (24) hours after transmission, if sent by facsimile if a confirmation of transmission is produced by the sending machine (and a copy of each facsimile promptly shall be sent as provided in clause (a)), in each case to Purchaser at his address set forth below his signature to this Agreement and, in the case of the Company at 360 Motor Parkway, Suite 100, Hauppauge, New York 11788 the address set forth above Attention: Michael Recca, facsimile number (631) 206-9152, email address at mer @airindustriesgroup.com (or at such other address for a party as shall be specified by like notice; provided that the notices of a change of address shall be effective only upon receipt thereof).

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 case excerpt and choose the best holding from the options. Case excerpt: her “a bitch and a slut.” He also testified that the next morning, the victim was upset because there were “a lot of hickeys on her neck.” Defendant claimed the marks on the victim’s neck that appeared in the photos introduced by the State were hickeys and not cuts. This testimony indicates that Defendant was arguing that he caused the marks on the victim’s neck either by mistake or with the victim’s consent. In view of Defendant’s testimony, we agree that the testimony of Chavez and Jaramillo was not improper propensity evidence, and we hold that the trial court did not abuse its discretion in ruling that the testimony was relevant to show, among other things, absence of mistake regarding the victim’s injuries. See State v. Jones, 120 N.M. 185, 187, 899 P.2d 1139, 1141 (Ct.App.1995) (<HOLDING>). CONCLUSION {76} We hold that the victim’s Options: A. holding that it is error for a trial court to admit evidence of prior bad acts without properly conditioning the jurys use of that evidence B. holding admission of prior bad acts of child abuse was reversible error when the defendant did not have exclusive control over the children during the period when the prior bad acts occurred C. holding as to the admissibility of prior bad acts that allegedly took place fourteen and twelve years before the acts alleged in that case that the lapse of time between the defendants sexual acts goes to the weight of the evidence not to its admissibility D. holding on a criminal appeal that prior bad acts evidence is admissible to prove intent to commit the charged crime E. holding prior bad acts evidence is admissible where there is an articulation or identification of the consequential fact to which the proffered evidence of other acts is directed

assistant: The best answer is E. holding prior bad acts evidence is admissible where there is an articulation or identification of the consequential fact to which the proffered evidence of other acts is directed
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 Servicer agrees to execute and deliver such instruments and take such further actions as the MSR Owner may, from time to time, reasonably request in order to effectuate the purposes and to carry out the terms of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: groups on the basis such groups have not been.shown to share unique attitudes, ideas, or experiences, and therefore, do not constitute a “distinctive group.” E.g., State v. Puente, 69 Ohio St.2d 136, 431 N.E.2d 987, 989 (1982) (considering exemption of doctors, dentists, and lawyers from jury service); Boyd, 867 S.W.2d at 336 (considering systematic exclusion of doctors, lawyers, and the clergy); cf. Commonwealth v. Matthews, 406 Mass. 380, 548 N.E.2d 843, 848 (1990) (considering exclusion of “suburban parents” and “caretakers of adolescent children”). Other courts have skipped the distinctive-group analysis and have simply held the government had a legitimate reason to exclude the occupational group under consideration. E.g., United States v. Terry, 60 F.3d 1541, 1544 (11th Cir.1995) (<HOLDING>), cert. denied, — U.S. -, 116 S.Ct. 737, 133 Options: A. holding that a defendant need not be a member of the excluded group in order to assert a sixth amendment faircrosssection claim B. holding that fire departments are analogous to police departments in this respect C. holding routine exclusion of members of fire and police departments did not violate the faircrosssection requirement because it is good for the community that these workers not be interrupted in their work D. holding that the right of privacy does not extend to sexual behavior that is not purely private that compromises a police officers performance and that threatens to undermine a police departments internal morale and community reputation E. holding that a defendant may object to the exclusion of members of the defendants own race

assistant: The best answer is C. holding routine exclusion of members of fire and police departments did not violate the faircrosssection requirement because it is good for the community that these workers not be interrupted in their work
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: See State v. Bell, 195 N.J.Super. 49, 55, 477 A.2d 1272 (App.Div.1984). “The warrant re quirement is predicated upon the premise that the necessity and reasonableness of a search can best be determined ‘by a neutral and detached magistrate instead of ... [a police] officer engaged in the often competitive enterprise of ferreting out crime.’ ” State v. Malik, supra, 221 N.J.Super. at 118, 534 A.2d 27 (quoting Johnson v. United States, 333 U.S. 10, 13-14, 68 S.Ct. 367, 369, 92 L.Ed. 436, 440 (1948)). It is well settled, however, that there are several narrowly tailored exceptions to the warrant requirement. Id. See Horton v. California, 495 U.S. ——, ——- n. 4, 110 S.Ct. 2301, 2306 n. 4, 110 L.Ed.2d 112,120 n. 4 (1990); State v. Bell, supra, 195 N.J.Super. at 55, 477 A.2d 1272 (<HOLDING>). As our Supreme Court expressed in State v. Options: A. holding that there is no general reasonableness approach to warrantless seizures B. holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause C. holding there is no requirement that the government obtains a warrant at the first moment probable cause exists the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances D. holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case E. holding the touchstone of determining existence of erisa plan is whether an administrative scheme is required

assistant: The best answer is C. holding there is no requirement that the government obtains a warrant at the first moment probable cause exists the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances
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: 477 F.Supp. 1210, 1218 (E.D.Wis.1979), the court addressed a vagueness challenge to a provision prohibiting the use of sound amplification devices in a manner that “unreasonably interfere(s) with the use and enjoyment of the park or parkway by the public,” and held that the language was not excessively indefinite. And, the state supreme court unanimously upheld against a vagueness challenge a City of Madison ordinance prohibiting the making of “any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof.” Baumann, 162 Wis.2d at 665, 470 N.W.2d 296. The court stated that the reasonable-person standard was “one that has been relied f Charlotte, 706 F.2d 486, 489 (4th Cir.1983) (same); People v. Fitzgerald, 194 Colo. 415, 573 P.2d 100, 102-03 (1978) (<HOLDING>); State v. Linares, 232 Conn. 345, 655 A.2d Options: A. holding factor b is not unconstitutionally vague B. holding the term lewdness undefined in the iowa abatement statute to be vague C. holding that term unreasonably loud is not impermissibly vague D. holding that unreasonable noise is not vague because unreasonable denotes objectivity based on circumstances E. holding that term unreasonable noise was not vague

assistant: The best answer is E. holding that term unreasonable noise was not vague
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 hereinafter provided and prior to adjustment in accordance with Sections 4.06(a) and 4.07(b), the annual postponed retirement allowance with respect to Benefit Service credited prior to January 1, 1996 and Benefit Service credited under Section 2.02(c)(ii) on and after January 1, 1996 payable on a lifetime basis upon retirement at a Member’s Postponed Retirement Date shall be equal to the annual normal retirement allowance to which the Member would have been entitled under Section 4.01(b) based on such Benefit Service had he or she retired on his or her Normal Retirement Date, increased by an amount which is the Actuarial Equivalent Value of the monthly payments which would have been payable with respect to such Benefit Service with respect to each month in which he or she completed less than 40 Hours of Service. Any monthly payment determined under this Paragraph (b) with respect to any such month in which he or she completed less than 40 Hours of Service shall be computed as if the Member had retired on his or her Normal Retirement Date.

assistant: Benefits
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: agreements because, the district court reasoned, the agreements violate the Assignment of Claims Act (hereinafter the Act), 31 U.S.C. § 3727, which governs the “transfer or assignment of any part of a claim against the United States Government,” id. § 3727(a)(1). This determination was in error. The Act provides, in relevant part, that the assignment of a claim may be made “after a claim is allowed, the amount of the claim is decided, and a warrant for payment of the claim has been issued.” Id. § 3727(b). In effect, the Act serves as a defense that the Government can raise against a claim and not, as the district court’s analysis indicates, an ex ante bar to forming a contingency-fee agreement. See, e.g., United States v. Transocean Air Lines, Inc., 386 F.2d 79, 82 (5th Cir.1968) (<HOLDING>); see also Applegate v. United States, 35 Options: A. holding a violation of the travel act B. holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective C. holding that 31 usc 235 the predecessor to 3729 did not become operative until final payment had been made on the false claims D. holding that antiassignment provisions are not per se invalid as applied to health care providers E. holding that counsels claim against the government pursuant to a contingencyfee agreement was invalid because it was in violation of the antiassignment act 31 usc 203 predecessor to the assignment of claims act

assistant: The best answer is E. holding that counsels claim against the government pursuant to a contingencyfee agreement was invalid because it was in violation of the antiassignment act 31 usc 203 predecessor to the assignment of claims act
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 Consultant shall begin providing Services hereunder on the day following the Closing Date under, and as defined in, the Purchase Agreement (the “ Effective Date ”), and this Agreement shall remain in effect until January 18, 2021 (the “ Term ”). The obligations under this Agreement shall begin on the Effective Date and continue to bind the Parties until the end of the Term, or the earlier termination thereof as provided in Article III herein.

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: (W.D.Pa.1976) (Gourley, J.)(“Adequacy of the representative is of monumental importance since representation demands undiluted loyalty to the class interests _”). The Tenth Circuit has identified two questions relevant to the adequacy-of-representation inquiry: (i) whether the named plaintiffs and their counsel have any conflicts with other class members; and (ii) whether the named plaintiffs and their counsel will vigorously prosecute the action on behalf of the class. See Rutter & Wilbanks Carp. v. 276, 1280 (11th Cir.2000) (Barkett, J.)(finding that representation was inadequate where the class included those “who claim harm from the very acts from which other class members benefitted”); Broussard v. Meineke Disc. Muffler Shops, Inc., 155 F.3d 331, 344 (4th Cir.1998) (Wilkinson, J.)(<HOLDING>); Alston v. Va. High Sch. League, Inc., 184 Options: A. holding that the current franchisees who had an interest in the continued viability of the franchiser had an inherent conflict with former franchisees whose interest was only in the maximization of damages B. holding that prejudice is only presumed if there is proof of an actual conflict of interest C. holding that former municipal judge did not have property interest in continued employment D. holding that plaintiffs had no vested interest in former interpretation of state law E. holding that franchisor who sued franchisees had not invoked the judicial process for purposes of a subsequent dispute

assistant: The best answer is A. holding that the current franchisees who had an interest in the continued viability of the franchiser had an inherent conflict with former franchisees whose interest was only in the maximization of damages
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notices, consents, waivers or other communications required or permitted to be given under the terms of this Guaranty must be in writing and will be deemed to have been delivered: (i) upon receipt, when delivered personally; (ii) upon receipt, when sent by facsimile (provided confirmation of transmission is mechanically or electronically generated and kept on file by the sending party); or (iii) one (1) Business Day after deposit with an nationally recognized overnight courier service with next day delivery specified, in each case, properly addressed to the party to receive the same. All notices and other communications provided for hereunder shall be sent, if to the Guarantor, to the Company’s address and/or facsimile number, or if to the Buyer, to it at its respective address and/or facsimile number on the books and records of the Company (or as provided by the Buyer in a written notice to the Company).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: favorable decision.” Township of Piscataway v. Duke Energy, 488 F.3d 203, 208 (3d Cir.2007) (citing Trump Hotels & Casino Resorts v. Mirage Resorts, 140 F.3d 478, 484-85 (3d Cir.1998)). Turchi Qua Guarantor While it is alleged that Turchi was to sign the forbearance agreement, he was to do so as a guarantor. That capacity is not without significance. This lawsuit does not seek enforcement of the guarantee. Indeed, it is the Debtor as the primary borrower who has brought it against the lender, the primary obligee. The Court does not read the complaint to allege that Turchi qua guarantor personally suffered a concrete injury as a result of what the Bank is alleged to have done. See e.g., Borough of Berwick v. Quandel Group, Inc., 440 Pa.Super. 367, 371, 655 A.2d 606, 608 (Pa.Super.1995) (<HOLDING>); see also Hufsmith v. Weaver, 285 Ark. 357, Options: A. holding that an insurer lacked standing to raise the issue of the intent of the parties to the settlement agreement to which it was not a party B. holding that plaintiffs lacked standing to sue C. holding that person who is not party to contract does not have standing to challenge contract D. holding that majority shareholder who guaranteed debt was not a third party beneficiary and thus lack standing to bring action for tortious interference of corporations contract with defendant E. holding that borough that guaranteed debt owed by municipal sewage authority to engineering firm lacked standing because it was not party to the contract

assistant: The best answer is E. holding that borough that guaranteed debt owed by municipal sewage authority to engineering firm lacked standing because it was not party to the contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Company Disclosure Schedule 3.1(c) sets forth a complete list of each Subsidiary of the Company and the jurisdiction of incorporation of each Subsidiary. Each Subsidiary of the Company is duly incorporated, validly existing and in good standing under the laws of the jurisdiction of its organization; has the requisite power and authority to own, lease and operate its properties and to carry on its business as now being conducted; and is duly qualified and in good standing to do business in each jurisdiction in which the nature of its business or the ownership or leasing of its properties makes such qualification necessary, except for any such failures that would not, individually or in the aggregate, reasonably be expected to be material to the Company or any of its Subsidiaries. The Company directly or indirectly owns 100% of the capital stock or other equity interests or ownership interests of each of its Subsidiaries free and clear of all Liens other than Permitted Encumbrances. There are no outstanding securities of the Company’s Subsidiaries convertible into or exchangeable or exercisable for capital stock or other equity interests or ownership interests in the Company or any of the Company’s Subsidiaries, or options, warrants or other rights to acquire capital stock or other equity interests or ownership interests in the Company or any of its Subsidiaries.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you believe that anything on or available through the services infringes upon any copyright which you own or control , you may file a notification of such infringement with our designated agent as set forth below :

assistant: None