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: Any Loan Document may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of a signature page of any Loan Document by telecopy or other electronic means shall be effective as delivery of a manually executed counterpart of such agreement. Any electronic signature, contract formation on an electronic platform and electronic record-keeping shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by Applicable Law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar state law based on the Uniform Electronic Transactions Act. Upon request by any Agent, any electronic signature or delivery shall be promptly followed by a manually executed or paper document.

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 case excerpt and choose the best holding from the options. Case excerpt: the United States is exclusive pursuant to subsection (a) of this section [233], (emphasis added); see also id. § 233(a). 5 . If Ms. Gray had sought relief against the United States under Title II of the ADA, the more traditional means by which parties file suit based upon discrimination by a "public entity,” 42 U.S.C. § 12132, arguably no court would have been able to exercise subject-matter jurisdiction over the matter. Under Section 201 of the ADA, the federal government is not included within the definition of a public entity. 42 U.S.C. § 12131(1) (defining a "public entity” as any state or local government, instrumentality thereof, or the National Railroad Passenger Corporation); see Cellular Phone Taskforce, et al. v. Federal Commc’ns Comm'n, 217 F.3d 72, 73 (2d Cir. 2000) (<HOLDING>). 6 . The statute states, in relevant part: No Options: A. holding that prudential limitations on standing do not apply to title ii ada claims B. holding that title ii of the ada was a valid use of congress power under section 5 of the fourteenth amendment C. holding the ada and the rehabilitation act applicable D. holding that title ii of the ada is not applicable to the federal government E. holding that title ii does not apply to the states

assistant: The best answer is D. holding that title ii of the ada is not applicable to the federal government
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 Parent, ICA-T and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as management of the Parent, ICA-T and the Subsidiaries believes to be prudent and customary in the businesses in which the Parent, ICA-T and the Subsidiaries are engaged (and/or as required by an agreement, documents and/or instrument) including, but not limited to, all insurance required to be obtained, maintained and in the amounts as provided and/or pursuant to the Sanofi Documents including, but not limited to, the S/I APA, the S/I MSA and the S/I Deed of Trust including, but not limited to, a $5,000,000, 10-year pollution legal liability insurance policy pursuant to the S/I APA in the name of ICA-T with Sanofi being named an additional insured party under such policy (the “$5,000,000 Pollution Policy ”). The Parent, ICA-T and the Subsidiaries have timely paid and are current with respect to all premiums and other payment amounts due under such all insurance policies including the $5,000,000 Pollution Policy. All insurance and related policies of the Parent, ICA-T and the Subsidiaries including, but not limited to, the $5,000,000 Pollution Policy are set forth on Schedule 3(t) . Neither the Parent, ICA-T nor the Subsidiaries has been refused any insurance coverage sought or applied for, and neither the Parent, ICA-T nor the Subsidiaries has any reason to believe that it will be unable to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business at a cost that would not have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and the term “Pledgee” shall be deemed to include any other holder or holders of any of the Obligations. In case a court of competent jurisdiction shall hold any provision in this Pledge Agreement to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which together shall constitute one instrument.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: attack on the order of the district court by which Wal-Mart’s lawsuit against the City was dismissed because the order specifically references the settlement, and because the settlement contains the terms of the very development agreement that Petitioner seeks to overturn. We are unpersuaded for several reasons. {10} First, we do not regard Petitioner’s administrative appeal as a collateral attack. A collateral attack is “an attempt to avoid, defeat, or evade [a judgment], or deny its force and effect, in some incidental proceeding not provided by law for the express purpose of attacking” the judgment. Lucus v. Ruckman, 59 N.M. 504, 509, 287 P.2d 68, 72 (1955) (internal quotation marks and citation omitted), overruled on other grounds by Kalosha v. Novick, 84 N P. 682, 685 (1918) (<HOLDING>); Dugan v. Montoya, 24 N.M. 102, 115, 173 P. Options: A. holding that dormant judgment is voidable and therefore not subject to collateral attack B. holding that a judgment establishing a partys exclusive light to use a trade name was not subject to collateral attack C. holding that prior ro decision that had not become final was not subject to cue collateral attack D. recognizing collateral attack on void order E. holding that a judgment as to the title in a prior litigation was not subject to collateral attack

assistant: The best answer is E. holding that a judgment as to the title in a prior litigation was not subject to collateral attack
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: (1) she is a qualified individual with a disability; (2) she was subjected to harassment; (3) that the harassment was based on her disability; (4) that the harassment was so severe or pervasive that it altered the condition of employment; and (5) that the harassment may be imputed to the employer. See Fox v. General Motors Corp., 247 F.3d 169 (4th Cir.2001). Courts have granted summary judgment on such claims because the comments and behavior alleged by plaintiffs failed to be so pervasive or severe as to alter the conditions of their employment and therefore constitute an adverse employment action by employer. This applies equally to cases involving disabilities due to mental impairment as to cases of physical impairment. See Henry v. Guest Services, Inc., 902 F.Supp. 245 (D.D.C.1995) (<HOLDING>); McClain v. Southwest Steel Co., 940 F.Supp. Options: A. recognizing a hostile work environment claim under section 1983 B. recognizing hostile work environment discrimination in ada context C. holding that coworkers cartoon ridiculing plaintiffs depression does not support a hostile work environment claim D. recognizing that the elements of title vii sexually hostile work environment claims apply to icra sexually hostile work environment claims E. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

assistant: The best answer is C. holding that coworkers cartoon ridiculing plaintiffs depression does not support a hostile work environment claim
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: notwithstanding its concession to the contrary, the Sandpiper Court and Baltimore Avenue warrants were supported by probable cause. Alternatively, the government contends that the seized evidence is admissible under the good faith exception to the Fourth Amendment exclusionary rule articulated in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405 (1984). The parties differ, as a threshold matter, over whether we can properly consider the first contention in light of the government’s acknowledgment that it conceded lack of probable cause in the district court. We need not resolve such an issue, however, because we agree with the government’s second contention: that, at the very least, the Leon good faith exception applies. See United States v. Legg, 18 F.3d 240, 243 (4th Cir.1994) (<HOLDING>). In reaching this conclusion, we utilize a de Options: A. holding the leon exception applicable where the ad dress on the warrant was different from the address in the affidavit B. recognizing that the necessary inquiry is not whether there was a warrant or whether there was time to get one but whether there was probable cause for the arrest C. recognizing the defense of good faith and probable cause in 1983 case involving unconstitutional warrantless arrest D. recognizing good faith exception to fourth amendment exclusionary rule E. recognizing that a reviewing court may proceed to the good faith exception without first deciding whether the warrant was supported by probable cause citing leon 468 us at 925 104 sct 3405

assistant: The best answer is E. recognizing that a reviewing court may proceed to the good faith exception without first deciding whether the warrant was supported by probable cause citing leon 468 us at 925 104 sct 3405
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Documents, the Company and each of its Subsidiaries (i) has made or filed all U.S. federal and (to the Company’s Knowledge, solely with respect to foreign and state income tax returns) foreign, state income and all other tax returns, reports and declarations required by any jurisdiction to which it is subject, (ii) has paid all taxes and other governmental assessments and charges that are material in amount, shown or determined to be due on such returns, reports and declarations, except those being contested in good faith and (iii) has set aside on its books provision reasonably adequate for the payment of all taxes yet to become due for the periods to which such returns, reports or declarations apply. All tax returns are true and correct in all material respects. There is no liability for any tax to be imposed upon its or any of its Subsidiaries’ properties or assets as of the date of this Agreement for which adequate provision has not been made. There are no unpaid taxes in any material amount claimed to be due by the taxing authority of any jurisdiction, and the officers of the Company know of no basis for any such claim. No material tax returns of the Company have been audited, and to the Company’s Knowledge, no deficiency assessment or proposed adjustment of the Company’s or the Subsidiaries material taxes is pending.

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: Unless otherwise specified in this Agreement, all notices, requests, demands, consents, waivers or other communications to or from the parties to this Agreement will be in writing, including e‑mail. Unless otherwise specified in this Agreement, any such notice, request, demand, consent or other communication will be delivered or addressed as set forth below or at such other address or facsimile number as any party may designate by notice to the other parties.

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: Each of the Guarantors hereby consents, acknowledges and agrees to the amendments set forth herein and hereby confirms and ratifies in all respects the Collateral Documents to which such Guarantor is a party and the Guaranty (including without limitation the continuation of each such Guarantor’s payment and performance obligations thereunder upon and after the effectiveness of this Amendment and the amendments contemplated hereby) and the enforceability of such Collateral Documents and the Guaranty against such Guarantor in accordance with their respective terms and the inclusion of all principal, interest and fees in respect of the 2016 Domestic Term Loan Facility as “Obligations” under the Credit Agreement.

assistant: Consents
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 Borrower will not request any Borrowing, and the Borrower and its Subsidiaries shall not use the proceeds of any Borrowing (a) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws , or (b) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, in violation of Sanctions applicable to any party hereto.

assistant: Use Of Proceeds
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 Restricted Stock Units are to be settled in Common Shares. The Committee may withhold Common Shares to the extent necessary to satisfy income tax, social insurance, payroll tax, fringe benefits tax, payment on account or other tax-related item withholding requirements, as described in Section 4.3. In addition, the Committee may restrict 50% of the Common Shares to be issued in satisfaction of the total Restricted Stock Units, before income tax withholding, so that they cannot be sold by the Participant unless immediately after such sale the Participant is in compliance with the Cliffs Natural Resources Inc. Directors’ and Officers’ Share Ownership Guidelines (“ Share Ownership Guidelines ”) that are applicable to the Participant at the time of sale.

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: All payments on account of principal and interest shall be made in lawful money of the United States of America at the principal office of the Lender, or such other place as the holder hereof may from time to time designate in writing to the Borrower. All payments by the Borrower under this Note shall be applied first to any fees and expenses due and payable hereunder, then to the accrued interest due and payable hereunder and the remainder, if any, to the outstanding principal.

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: - a statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled ; and

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: in lost rent in its entry of judgment. Whitmire additionally contends that Rayos’ affidavit on attorney’s fees is legally and factually insufficient because it does not include statements of the number of hours expended or the billing rate, and does not contain copies of any invoices or billing statements. We do not require an attorney to specifically state the number of hours spent on a case or the rate charged; instead, the attorney may prove the amount of work performed “by alternative methods, including evidence of what tasks were taken on behalf of the client.” Brighton Homes, Inc. v. McAdams, 737 S.W.2d 340, 344 (Tex.App.-Houston [14th Dist.] 1987, writ refd n.r.e.); see also Hugh Wood Ford, Inc. v. Galloway, 830 S.W.2d 296, 298 (Tex.App.-Houston [14th Dist.] 1992, writ denied) (<HOLDING>). Here, Rayos describes in detail the type of Options: A. holding merely that the evidence was sufficient to support the award of attorneys fees B. recognizing that the idea bars an award of attorneys fees for work performed subsequent to a settlement offer of all requested relief C. holding attorneys testimony on all work performed sufficient to support attorneys fees award even though no time records presented D. holding prayer for general relief does not support award of attorneys fees E. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees

assistant: The best answer is C. holding attorneys testimony on all work performed sufficient to support attorneys fees award even though no time records presented
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 Borrower will, and will cause each Subsidiary to, maintain, with financially sound and reputable insurance companies, insurance in such amounts (with no greater risk retention) and against such risks as are customary among companies of established reputation engaged in the same or similar businesses and operating in the same or similar locations. The Borrower will furnish to the Lenders, upon request of the Administrative Agent, information in reasonable detail as to the insurance so maintained.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: who simply in structs a pedestrian to “hold up” does not, without more, commit a seizure of that pedestrian. The instruction “hold up” is a request to stop. By itself, a request to stop, even when issued by a uniformed police officer, would not communicate to a reasonable person that he or she was not free to simply ignore the officer’s request and keep walking. Other states that, like Tennessee, have rejected the Hodari D. standard on state constitutional grounds, have concluded that similar encounters do not constitute a seizure. See, e.g., Commonwealth v. Stoute, 422 Mass. 782, 665 N.E.2d 93, 98 (1996) (acknowledging no seizure occurred when officer initially asked defendant to “hold up a minute”); People v. Bora, 83 N.Y.2d 531, 611 N.Y.S.2d 796, 634 N.E.2d 168, 170-71 (1994) (<HOLDING>). While the language and conduct expressed by Options: A. holding that where the police roadblock was intended to stop brower by physical impact and did so a seizure occurred B. holding that defendant was not free to leave when officer directed defendant to stay while he conducted a warrants check C. holding no seizure occurred when after defendant began to walk away officer directed him to stop D. holding a seizure occurs when a passenger of a car is hit by a bullet that is meant to stop him E. holding that no seizure occurred where shots were fired at a truck but did not hit the suspect because they failed to produce a stop

assistant: The best answer is C. holding no seizure occurred when after defendant began to walk away officer directed him to stop
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 any party is required to bring legal proceedings to enforce any financial obligation of a party hereunder, the prevailing party in such action shall be entitled to recover all court costs, costs of collection, and a reasonable attorney's fee, which the lien provided for herein shall also secure.

assistant: Costs
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: credibility finding is for these reasons not supported by substantial evidence, on remand, Cordova is to be deemed credible for the purposes of assessing his asylum and withholding claims. See Soto-Olarte v. Holder, 555 F.3d 1089, 1094-95 (9th Cir.2009) (“the deemed credible rule may apply when it is evident that the IJ and BIA have both strained to provide reasons properly supporting an adverse credibility finding, but despite their best efforts have been unable to do so”). 3. Because the BIA’s decision did not cite Matter of Burbano, 20 I. & N. Dec. 872 (BIA 1994), nor did it expressly adopt the IJ’s alternative findings, this court cannot presently address the question whether Cordova was persecuted on a protected ground. See Joseph v. Holder, 600 F.3d 1235, 1239 (9th Cir.2010) (<HOLDING>); see also Gonzales v. Thomas, 547 U.S. 183, Options: A. holding expressly that this court properly held that such decision by secretary is mandatory B. holding that the bia adopts the ijs entire decision when it cites burbano and expresses no disagreement with the ijs decision C. holding no due process violation where the bia affirms the ijs decision without issuing a separate opinion D. holding that this courts review is limited to the bia decision and the portions of the ijs decision that it expressly adopted E. holding that we will not review portions of an ijs ruling that are not adopted by the bia

assistant: The best answer is D. holding that this courts review is limited to the bia decision and the portions of the ijs decision that it expressly adopted
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: measure of damages; Wise Electric insists that fair market value is the only allowable measure of damages, arguing that AHC’s inventory had an ascertainable market value after the fire so that the replacement-value measure of damages does not apply. AHC, on the other hand, characterizes its damages evidence as supporting the trial court’s award of $13,385,969.37 in replacement-value damages to its personal property (inventory) and, alternatively, diminution-in-market-value damages from a pre-fire market value of $13,385,969.37 to a post-fire market value of $0. It was AHC’s burden to prove the applicability of a damage valuation other than the general rule of diminishment-in-mar-kefe-value-before-and-after-the-damage valuation. See Pasadena State Bank, 149 Tex. at 52, 228 S.W.2d at 129 (<HOLDING>); Moran Corp., 381 S.W.2d at 328 (stating Options: A. recognizing plaintiff met this burden B. recognizing this presumption C. recognizing burden D. recognizing this rule E. holding that the burden is on the plaintiff

assistant: The best answer is A. recognizing plaintiff met this burden
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 party’s obligations under this Section 3.12 shall survive the resignation or replacement of the Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE UNDERSIGNED IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING ARISING OUT OF THE TRANSACTIONS CONTEMPLATED BY THIS SUBSCRIPTION AGREEMENT. EACH PARTY TO THIS SUBSCRIPTION AGREEMENT CERTIFIES AND ACKNOWLEDGES THAT: (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY; AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS SUBSCRIPTION AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure or delay by either Party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further such exercise. No waiver of any term or condition of this Agreement shall be deemed to be a waiver of any subsequent breach of, or noncompliance with, any term or condition. All waivers must be in writing and signed by the Party sought to be bound thereby.

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 legal provision and list the applicable contract clause categories. Provision: Except for ARA, a Newmark Company, no broker, agent or other person acting as such on behalf of such Member was instrumental in consummating this transaction and that no conversations or prior negotiations were had by such party with any broker, agent or other such person concerning the transaction that is the subject of this Agreement. The Members acknowledge and agree that the Company shall be responsible for the fee payable to ARA, a Newmark Company.

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 case excerpt and choose the best holding from the options. Case excerpt: and DeBoom did provide other evidence linking her termination to her pregnancy. DeBoom presented evidence to support an inference of discrimination and rebut the legitimate nondiscriminatory reason for termination that Raining Rose put forth. First, DeBoom presented evidence of the circumstances of her termination. Raining Rose admitted it made the decision to terminate DeBoom sometime between the day she returned to work part-time and the day she was fired. DeBoom may fairly argue the termination decision was made before any of her alleged performance problems. Additionally, DeBoom provided evidence she was never notified of or disciplined for substandard performance prior to her termination whereas other employees received a warning before termination. See Smidt, 695 N.W.2d at 15-16 (<HOLDING>). Second, DeBoom presented statements from Options: A. holding that a reasonable trier of fact could find that the defendants acted with malice B. holding a trier of fact could choose not to believe the employers afterthefact justifications where the employer failed to produce documentation of poor performance C. holding that issues of discriminatory intent and actual motivation are questions of fact for the trier of fact D. holding that on a review of the sufficiency of the evidence the court determines whether any rational trier of fact could have found all the elements of the offense beyond a reasonable doubt E. holding that a plaintiff s prima facie case combined with sufficient evidence to find that the employers asserted justification is false may permit the trier of fact to conclude that the employer unlawfully discriminated emphasis added

assistant: The best answer is B. holding a trier of fact could choose not to believe the employers afterthefact justifications where the employer failed to produce documentation of poor performance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not an element of a false arrest claim. See, e.g., Valenti v. Sheeler, 765 F.Supp. 227, 231 (E.D.Pa.1991) (two elements of false arrest/false imprisonment are (1) the detention of the person and (2) the unlawfulness of that detention); Renk v. City of Pittsburgh, 537 Pa. 68, 641 A.2d 289, 293 (1994) (same) (citing Fagan v. Pittsburgh Terminal Coal Corp., 299 Pa. 109, 149 A. 159 (1930)); Lokey v. Kinney, 57 Lanc.Rev. 491 (Pa. Comm.P1.1961) (same). Moreover, the cases cited in the state court decision primarily involved malicious prosecution claims. See Woodyatt v. Bank of Old York Road, 408 Pa. 257, 182 A.2d 500 (1962) (action for malicious prosecution); Sicola v. First Nat'l Bank of Altoona, 404 Pa. 18, 170 A.2d 584 (1961) (same). See also Smoker v. Ohl, 335 Pa. 270, 6 A.2d 810 (1939) (<HOLDING>). 9 . However, Plaintiff's § 1983 claims will Options: A. holding that a determination of probable cause does not bar a state law malicious prosecution claim where the claim is based on the police officers supplying false information to establish probable cause B. holding that only malicious prosecution requires a favorable termination of the criminal proceedings and that claims for intentional infliction of emotional distress and abuse of process accrue on the date of arrest C. holding that unappealed conviction gives rise to presumption of probable cause sufficient to defeat false arrestimprisonment claim and also noting that for malicious prosecution claims favorable termination of criminal proceedings is prerequisite to suit D. holding that the statute applies also to malicious prosecution actions E. recognizing that an arrest based on probable cause cannot be the basis of a claim for false arrestimprisonment

assistant: The best answer is C. holding that unappealed conviction gives rise to presumption of probable cause sufficient to defeat false arrestimprisonment claim and also noting that for malicious prosecution claims favorable termination of criminal proceedings is prerequisite to suit
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 we make changes , we will give a notification to you via email or by other appropriate means ; if you do not object to these changes within 4 weeks after they have been communicated to you , the changes will be deemed to be accepted ( the notification will inform you accordingly ) .

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: Confidential Information means any information in whatever form (whether in writing, electronic or digital form, verbally or by inspection of documents, computer systems or sites or pursuant to discussions or by any other means ) which is confidential in nature, designated orally or in writing by the Disclosers as confidential or which may reasonably be considered by a business person to be commercially sensitive provided by the Disclosers (directly or indirectly) by any means to the Recipient (or to any Authorised Person) including without limitation via its legal representatives before or after the date of this Agreement in connection with or in anticipation of the Purpose including:

assistant: No
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: statement as true at the time she gave it; that she was still consumed with the emotions of the event when talking with police; and that other evidence corroborated her statement, we find that there was sufficient evidence to lay a foundation for admission of the statement under section 90.803(5), even though the declarant herself never confirmed the accuracy of the statement at trial. Admission of Evidence Regarding Victim’s Identification of Polite from a Photo Line-Up Polite next contends that the trial court abused its discretion by admitting evidence of Ms. Levine’s out-of-court identification of him from a photo line-up on grounds that the State failed to inquire into this issue during its direct examination of Ms. Levine. E.g., Deans v. State, 988 So.2d 1271 (Fla. 5th DCA 2008) (<HOLDING>); Neilson v. State, 713 So.2d 1110 (Fla. 2d DCA Options: A. holding defendant waived right to challenge incourt identification when he admitted guilt at punishment phase of trial B. holding that appellant was not lawfully detained for investigation of public intoxication when he gave false identification therefore trial court erred in denying his motion to suppress his false identification statements C. holding that trial court erred when it admitted outofcourt identification of defendant when the witness who made the identification was never asked about defendants identity at trial D. holding that testimony regarding outofcourt identification was inadmissible where the state failed to ask the witnesses about the identification during its direct examination E. holding that prior identification is not hearsay when the declarant is available at trial for crossexamination and that it makes no difference whether the witness admits or denies or fails to recall making the prior identification

assistant: The best answer is C. holding that trial court erred when it admitted outofcourt identification of defendant when the witness who made the identification was never asked about defendants identity at trial
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 waiver by Borrower or the New Purchaser of a breach of any provision of this Note shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Note. The failure of Borrower or the New Purchaser to insist upon strict adherence to any term of this Note on one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Note on any other occasion. Any waiver by Borrower or the New Purchaser must be in writing.

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: 1, 68 L. Ed. 2d 627, 101 S. Ct. 2202 (1981), the Supreme Court considered the constitutionality of a Connecticut statute governing paternity actions that required the party requesting paternity tests to bear the costs of such tests. The Court held, on due process grounds, that given the interests at stake, the indigent putative father was entitled to a paternity test at state expense. Little, 452 U.S. at 9-12, 68 L. Ed. 2d at 634-36, 101 S. Ct. at 2207-09. The Court noted that “ ‘a cost requirement, valid on its face, may offend due process because it operates to foreclose a particular party’s opportunity to be heard.’ ” Little, 452 U.S. at 16, 68 L. Ed. 2d at 639, 101 S. Ct. at 2211, quoting Boddie v. Connecticut, 401 U.S. 371, 380, 28 L. Ed. 2d 113, 120, 91 S. Ct. 780, 787 (1971) (<HOLDING>). Key in Little and Boddie were the “ Options: A. holding the mvra prohibits the court from examining the defendants ability to pay restitution B. holding that 14 prohibits the awarding of costs against the state as a defendant C. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs D. holding that due process prohibits a state from denying indigent parties access to its divorce court based on their inability to pay filing fees and costs E. holding that state may not imprison indigent defendant solely for inability to pay fine

assistant: The best answer is D. holding that due process prohibits a state from denying indigent parties access to its divorce court based on their inability to pay filing fees and costs
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: that Kinoshita is inconsistent with federal policy favoring arbitration”). But see Tracer Research Corp. v. National Environmental Services Co., 42 F.3d 1292, 1295 (9th Cir.1994) (equating “arising out of’ with “arising under” and adhering to the logic of Kinoshita and its progeny). The Fourth Circuit has similarly refused to take the restrictive approach of the Kinoshita line of cases. In Peoples Security, the court construed an arbitration clause containing the following language: Any question, charge, complaint or grievance believed to constitute a breach or violation shall be immediately communicated between counsel and the party alleged to be in breach of the agreement shall have five days to respond, Ins. Co. v. Aetna Life Ins. Co., 744 F.2d 409, 410 n. 1, 413 (5th Cir.1984) (<HOLDING>). At least one court has speculated that Options: A. holding that a clause requiring arbitration if any dispute arises by the parties hereto as to the rights or liabilities incident to this agreement is broad enough to cover claims alleged under texas statutes governing insurance and deceptive trade practices B. holding that trial court properly denied motion to compel arbitration of claims for fraud and unfair and deceptive trade practices because arbitration clause in agreement only applied to indemnification claims and there were no other arbitration clauses in agreement C. holding consumer claims under the texas deceptive trade practices act nonassignable D. holding that a clause requiring arbitration wjhenever any question or dispute shall arise or occur under this agreementcontract was sufficiently broad to cover a claim of fraudulent inducement E. holding that the clause any dispute that shall arise between the parties with reference to the interpretation of this agreement or their rights with respect to any transaction involved was broad

assistant: The best answer is A. holding that a clause requiring arbitration if any dispute arises by the parties hereto as to the rights or liabilities incident to this agreement is broad enough to cover claims alleged under texas statutes governing insurance and deceptive trade practices
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: 61 L.Ed.2d 560 (1979); United States v. Zimmerman, 943 F.2d 1204, 1208-09 (10th Cir.1991). We will not uphold a conspiracy conviction obtained, however, by nothing more than “piling inference upon inference.” United States v. Fox, 902 F.2d 1508, 1513 (10th Cir.1990) (citations omitted). Under 18 U.S.C. § 371, a conviction for conspiracy requires that the government prove beyond a reasonable doubt that the defendants agreed to defraud the United States and that one of the conspirators committed an overt act in furtherance of the conspiracy. United States v. Guadalupe, 979 F.2d 790, 793 (10th Cir.1992). An agreement between the defendants to violate the law is an essential element, which must be shown beyond a reasonable doubt. United States v. Davis, 965 F.2d 804, 814 (10th Cir.1992) (<HOLDING>). See also United States v. Butler, 494 F.2d Options: A. holding various actions of state insurance commissioner insufficient evidence of agreement to bribe a public official B. holding that where a public official takes discretionary action that the official knows will directly benefit a financial interest that the official has concealed in violation of a state criminal law that official has deprived the public of his honest services under 1346 C. holding police officer is a public official D. holding state of north carolina and state official sued in their official capacity are immune from 1983 and 1985 actions in federal court E. holding local commissioner not liable to licensee for official act in revoking license

assistant: The best answer is A. holding various actions of state insurance commissioner insufficient evidence of agreement to bribe a public official
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall remain eligible for the benefits set forth in Paragraphs 6 and 7 of the Employment Agreement through the Termination Date and shall be paid for any accrued, unused vacation within 30 days after Executive’s Termination Date. For the avoidance of doubt, if Executive’s Termination Date is before August 25, 2017, all of Executive’s right to the benefits set forth in Paragraphs 6 and 7 of the Employment Agreement shall end as of the earlier Termination 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 legal provision and list the applicable contract clause categories. Provision: Any dispute arising out of or asserting breach of this Agreement, or any statutory or common law claim by the Executive relating to his employment under this Agreement or the termination thereof (including any tort or discrimination claim), shall be exclusively resolved by binding statutory arbitration in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association. Such arbitration process shall take place in New York, New York. A court of competent jurisdiction may enter judgment upon the arbitrator’s award. Each party shall pay the costs and expenses of arbitration (including fees and disbursements of counsel) incurred by such party in connection with any dispute arising out of or asserting breach of this Agreement.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts and by different parties on separate counterparts, and each counterpart shall be deemed to be an original, and all such counterparts shall together constitute but one and the same instrument. Counterparts of this Amendment may be delivered by facsimile transmission or other electronic transmission, and such counterparts shall be as effective as if original counterparts had been physically delivered, and thereafter shall be binding on the parties hereto and their respective successors and assigns.

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 case excerpt and choose the best holding from the options. Case excerpt: This remedy has also been applied to the Fifth Amendment’s equal protection component, Davis v. Passman, 442 U.S. 228, 248, 99 S.Ct. 2264, 2278, 60 L.Ed.2d 846 (1979), and the Eighth Amendment’s prohibition against cruel and unusual punishment, Carlson v. Green, 446 U.S. 14, 24-25, 100 S.Ct. 1468, 1474-75, 64 L.Ed.2d 15 (1980). The United States Supreme Court has come to refer generically to causes of action for damages for the violation of constitutional rights as Bivens-type causes of action. See Bush v. Lucas, 462 U.S. 367, 377, 103 S.Ct. 2404, 2411, 76 L.Ed.2d 648 (1983) (referring to Bivens, Davis, Carlson, and other cases seeking damages for violation of constitutional righ d 431 (1992); Provens v. Stark County Bd. of Mental Retardation, 64 Ohio St.3d 252, 594 N.E.2d 959 (1992) (<HOLDING>). Other jurisdictions have based their Options: A. holding that private rights of action to enforce federal law must be created by congress courts may not create a cause of action absent statutory intent B. holding that where statutory remedies exist private employees do not have a private cause of action for violation of state constitutional rights C. recognizing cause of action against federal officials for violation of constitutional rights D. recognizing private right of action E. holding that a private right of action exists

assistant: The best answer is B. holding that where statutory remedies exist private employees do not have a private cause of action for violation of state constitutional rights
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 any Reviewing Party determines that Indemnitee substantively is not entitled to be indemnified, exonerated or held harmless hereunder in whole or in part under applicable law, Indemnitee shall have the right to commence litigation seeking an initial determination by the court or challenging any such determination by such Reviewing Party or any aspect thereof, including the legal or factual bases therefor, and, subject to the provisions of Section 15 hereof, the Company hereby consents to service of process and to appear in any such proceeding. Absent such litigation, any determination by any Reviewing Party shall be conclusive and binding on the Company and Indemnitee.

assistant: Binding Effects