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: `` fitbit content '' includes any photos , images , graphics , video , audio , data , text , music , exercise regimens , food logs , recipes , comments , software , works of authorship of any kind , and other information , content , or other materials that are posted , generated , provided , or otherwise made available through the fitbit service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employer shall pay the Employee, in accordance with the Employer’s then current payroll practices, a base salary (the “ Base Salary ”). The Base Salary will be paid at an annual rate of $374,850. Employee will be eligible for merit-based increases in Base Salary based upon performance reviews to be conducted on an annual basis.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a search is the act of an individual user manually entering text for the good faith purpose of obtaining bing search results for such user 's own research purposes and does not include any query entered by a bot , macro , or other automated or fraudulent means of any kind ( `` search '' ) .

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: first motion to remand, Harper amended his complaint to eliminate the Title VII claim, leaving only the state law claims. Defendants argue that, even after Harper dismissed his Title VII claim, th reason for his termination — theft of a co-worker’s cell phone — was a pretext for retaliation for exercising his rights under the anti-discrimination laws and in contravention of Michigan’s public policy against retaliation for exercising worker’s compensation rights. At most, the terms of the CBA were relevant background for Harper’s termination. For these reasons, Harper’s state law claims for retaliation, which were independent of the CBA, were not pre-empted by § 301 of the LMRA. See Lingle v. Norge Div. of Magic Chef, Inc., 486 U.S. 399, 407, 108 S.Ct. 1877, 100 L.Ed.2d 410 (1988) (<HOLDING>); Smolarek v. Chrysler Corp., 879 F.2d 1326, Options: A. recognizing retaliatory discharge tort implied by the workers compensation act B. holding that plaintiffs retaliatory discharge claim under michigan law was not preempted because the statelaw tort of retaliatory discharge creates rights independent of those established by the collective bargaining agreement further holding that discrimination claim was not preempted even though the employer was likely to rely on provisions of the cba in its defense C. holding that the factual questions underly ing the tort of retaliatory discharge for filing a workers compensation claim including whether the employer had a nonretaliatory reason for the discharge would not required a court to interpret any term of a collectivebargaining agreement and would not turn on the meaning of any provision of a collectivebargaining agreement D. recognizing the tort of retaliatory discharge E. holding that employee must prove that the sole reason for their discharge was their filing of a workers compensation claim to prevail on a claim of wrongful discharge under marylands workers compensation act

assistant: The best answer is C. holding that the factual questions underly ing the tort of retaliatory discharge for filing a workers compensation claim including whether the employer had a nonretaliatory reason for the discharge would not required a court to interpret any term of a collectivebargaining agreement and would not turn on the meaning of any provision of a collectivebargaining agreement
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 agreements in this Section shall survive the resignation of the Administrative Agent, the Collateral Agent, any L/C Issuer and the Swing Line Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that this license includes the right for twitter to provide , promote , and improve the services and to make content submitted to or through the services available to other companies , organizations or individuals for the syndication , broadcast , distribution , promotion or publication of such content on other media and services , subject to our terms and conditions for such content use .

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 fact come out both ways. See, e.g., Crack Team USA Inc. v. Am. Arbitration Ass’n, 128 S.W.3d 580, 583 (Mo.Ct.App.2004) (dismissing appeal). Although the Court cites a Massachusetts case that appears to allow an appeal from an order that denies confirmation and directs a rehearing, the case never discusses the nature of the interlocutory order, or the authority on which it grants the appeal. See Fazio v. Employers’ Liab. Assurance Corp., 347 Mass. 254, 197 N.E.2d 598, 600 (1964). More recent Massachusetts decisions have directly addressed the issue of orders to vacate with a rehearing (without denying confirmation), and have denied the right of appeal — without even citing Fazio. See Suffolk County Sheriffs Dep’t v. AFSCME Council 93, 50 Mass.App.Ct. 473, 737 N.E.2d 1276, 1277 (2000) (<HOLDING>); School Comm. of Quincy v. Quincy Educ. Ass’n, Options: A. holding that a rehearing order is interlocutory and not appealable B. holding sanction included in final judgment appealable C. holding that a rehearing order was not final or appealable D. holding that the ordering of a rehearing caused the judgment to not be final and appealable E. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence

assistant: The best answer is D. holding that the ordering of a rehearing caused the judgment to not be final and appealable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall, at any time or from time to time upon the request of the Lender, execute and deliver such further documents and do such other acts and things as the Lender may reasonably request in order to effect fully the purposes of this Agreement the other Loan Documents and to provide for the payment and performance of the Obligations of the Borrower in accordance with the terms of this Agreement and the other Loan Documents.

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 legal provision and list the applicable contract clause categories. Provision: Landlord’s delay, waiver, or non-enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in lease.

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 legal provision and list the applicable contract clause categories. Provision: This Amendment constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and undertakings, both written and oral, between the Seller and Purchaser with respect to the subject matter hereof. Except as amended by this Amendment, the Agreement shall continue in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Revolving Administrative Agent shall have received evidence reasonably satisfactory to it that the business conducted and proposed to be conducted by the Revolving Borrower and the Guarantor is in compliance with all Requirements of Law and regulations and that all registrations, filings and licenses and/or consents required to be obtained by the Revolving Borrower or the Guarantor, as the case may be, in connection therewith have been made or obtained and are in full force and effect.

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 Borrower shall have paid to the Administrative Agent all fees due to the Administrative Agent and/or the lead arrangers in connection with this Amendment and all expenses required to be paid or reimbursed to the Administrative Agent and/or such lead arrangers that have been invoiced at least one Business Day prior to the Amendment No. 4 Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan was originally effective as of February 28, 2006, has been amended from time to time and has been amended and restated as of the Effective Date. The Plan shall terminate on the 10th anniversary of the Effective Date, unless sooner terminated by the Board under Section 17.1 below, and no Awards may be granted under the Plan after its termination.

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 legal provision and list the applicable contract clause categories. Provision: Each Loan Party has the corporate power and authority, and the legal right, to make, deliver and perform the Loan Documents to which it is a party and, in the case of the Borrower, to borrow hereunder. Each Loan Party has taken all necessary corporate action to authorize the execution, delivery and performance of the Loan Documents to which it is a party and, in the case of the Borrower, to authorize the borrowings on the terms and conditions of this Agreement. No consent or authorization of, filing with, notice to or other act by or in respect of, any Governmental Authority or any other Person is required in connection with the borrowings hereunder or with the execution, delivery, performance, validity or enforceability of this Agreement or any of the Loan Documents, except the filings referred to in Section 4.19. Each Loan Document has been duly executed and delivered on behalf of each Loan Party party thereto. This Agreement constitutes, and each other Loan Document upon execution will constitute, a legal, valid and binding obligation of each Loan Party party thereto, enforceable against each such Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general equitable principles (whether enforcement is sought by proceedings in equity or at law).

assistant: Authorizations
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: Notwithstanding anything to the contrary in this Agreement, the provisions of Sections 4 through 10 and Sections 12 and 13 will survive the termination of Executive’s employment and the expiration or termination of the Term.

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: First Lien Creditor and Second Lien Creditor each agrees to take such further action and shall execute and deliver such additional documents and instruments (in recordable form, if requested) as First Lien Creditor or Second Lien Creditor may reasonably request to effectuate the terms of and the Lien priorities contemplated by this Agreement, all at the expense of the Debtor. In furtherance of the foregoing, (a) the First Lien Creditor agrees that, if there is a Refinancing of the Second Lien Debt and if the agent or other representative of the holders of the indebtedness that Refinances the Second Lien Debt so requests, it will execute and deliver either an acknowledgement of the joinder of such agent or representative to this Agreement or an agreement with such agent or representative identical to this Agreement (subject to changing names of parties, documents and addresses, as appropriate) in favor of any such agent or representative, and (b) the Second Lien Creditor agrees that, (i) if there is a Refinancing of the First Lien Debt and if the agent or other representative of the holders of the indebtedness that Refinances the First Lien Debt so requests, it will execute and deliver either an acknowledgement of the joinder of such agent or representative to this Agreement or an agreement with such agent or representative identical to this Agreement (subject to changing names of parties, documents and addresses, as appropriate) in favor of any such agent or representative.

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: Authority Act shows this intent by specifically granting public hospitals the power previously granted to public hospitals in metropolitan areas to “contract for or otherwise participate solely or with others in the ... operation of [a] hospital.” Tenn.Code Ann. § 7-57-502(c) (1998). We therefore hold that the Hospital Authority Act permits the Authority to close the staff of the Imaging Department of CRMC by means of an exclusive provider contract. We accordingly hold that Henderson v. Knoxville has been legislatively overruled by the Hospital Authority Act. B. Decision to Close the Staff of the Imaging Department The parties in this case agree that they are contractually bound by the medical staff bylaws. See Lewisburg Cmty. Hosp., Inc. v. Alfredson, 805 S.W.2d 756, 759 (Tenn.1991) (<HOLDING>). The defendants allege that the medical staff Options: A. holding that a hospitals bylaws are an integral part of its contractual relationship with the members of its medical staff B. holding that corporation must act in accordance with its charter and bylaws C. holding that hospitals denial of staff privileges to disabled doctor violated title iii because ada applies not only to members of the public seeking medical services but also to those wishing to work as doctors within hospital D. holding that hospitals may be found liable for conspiring with members of medical staff and that evidence of pretextual sham peer review proceedings presented jury question whether hospitals conspired with peer review committees in violation of sherman act E. holding that a hospital can conspire with members of its medical staff

assistant: The best answer is A. holding that a hospitals bylaws are an integral part of its contractual relationship with the members of its medical staff
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: compel arbitration in a forum outside the Northern District of Illinois.” Ferenc v. Brenner, 927 F.Supp.2d 537, 542 (N.D.Ill.2013) (citing Merrill Lynch, 49 F.3d at 327). Normally, when arbitration is dictated, a court compels arbitration in that district and stays the court proceeding. 9 U.S.C. § 3 (“If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration ... the court in which such suit is pending ... shall on application of one of the parties stay the trial of the action until such arbitration has been had .... ”). But when a court is presented with a motion to compel arbitration in a different district, the proper action is to dismiss the complaint for improper venue under Rule 12(b)(3). See Ferenc, 927 F.Supp.2d at 542 (<HOLDING>); Faulkenberg, 637 F.3d at 808 (“under § 4 of Options: A. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement 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 that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived D. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration E. holding that claims were subject to arbitration and converting the motion to compel into a motion to dismiss for improper venue because the contract mandated arbitration in california

assistant: The best answer is E. holding that claims were subject to arbitration and converting the motion to compel into a motion to dismiss for improper venue because the contract mandated arbitration in california
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: At the same time as an Eligible Employee or Director makes a deferral election under Article II, he or she shall elect, pursuant to Section 5.2, the form in which such distribution will be made. An Eligible Employee or Director may elect that his or her Account be distributed in a lump sum or in monthly installments over 3, 5, 7, or 10 years. Each installment distribution option will be paid on a calendar monthly basis.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “to hear and determine * * * [a]ny action that involves * * * a charitable trust.” In its complaint, FNB invoked the jurisdiction conferred upon the probate court by R.C. 2101.24 and sought declaratory relief involving the charitable trust created by the testator’s will. Appellants’ counterclaims sought contrary declaratory relief regarding the trust. R.C. 2101.31, therefore, controlled the proceedings at trial and vested the probate court with the discretion to determine whether the factual issues presented in the complaint and the counterclaims would be tried to a jury. We perceive the relief sought in FNB’s complaint and appellants’ counterclaims to be predominantly equitable in nature. See Gearhart v. Richardson (1924), 109 Ohio St. 418, 142 N.E. 890, paragraph one of the syllabus (<HOLDING>); accord Sessions v. Skelton (1955), 163 Ohio Options: A. holding that an action construing a will creating a trust is equitable in nature B. holding that under california law a constructive trust may be sought only by the equitable owner of the trust res not by a creditor of the equitable owner C. recognizing that the determination is an equitable one D. recognizing constructive trust as appropriate equitable remedy E. holding that the statute of limitations cannot bar appellants claim that a constructive trust should be imposed because a constructive trust is an equitable remedy and therefore not subject to the statute

assistant: The best answer is A. holding that an action construing a will creating a trust is equitable in nature
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 purposes of section 607A.6 were accomplished despite the fact the judge delegated to the court attendant the judge’s statutory responsibility to excuse potential jurors. See Coble, 301 N.W.2d at 237 (concluding that procedure allowing jury commissioners to excuse potential jurors, rather than judge as required by statute, did not frustrate legislative goals). -For this reason, Chidester is unable to shoyv that he has been prejudiced and therefore, the State’s violation of section 607A.6 was . not material as required by rule 17(3). See State v. Clift, 202 Kan. 512, 449 P.2d 1006, 1008 (1969) (refusing to reverse defendant’s conviction where he showed no prejudice from fact that bailiff excused potential jurors rather than the judge, as required by statute); Martel, 689 A.2d at 1330 (<HOLDING>). The trial court did not err in denying Options: A. holding statutory challenge to juryselection procedure failed in absence of showing of prejudice B. holding that we will not reverse in the absence of prejudice C. recognizing that the burden of persuasion for a showing of prejudice was on the defendant D. holding that in the absence of demonstrated prejudice remand is unnecessary E. holding that an assertion of prejudice is not a showing of prejudice

assistant: The best answer is A. holding statutory challenge to juryselection procedure failed in absence of showing of prejudice
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 may assign all or any portion of its rights and obligations under this Agreement. The Award, the Restricted Units and the rights and obligations of Employee under this Agreement may not be sold, assigned, transferred, discounted, exchanged, pledged or otherwise encumbered or disposed of by Employee other than by will or the laws of descent and distribution.

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 case excerpt and choose the best holding from the options. Case excerpt: 1147 (2014); accord Valley/50th Ave., LLC v. Stewart, 159 Wn.2d 736, 743, 153 P.3d 186 (2007). ¶55 Courts may also deny or disgorge attorney fees in response to an RPC violation. Eriks v. Denver, 118 Wn.2d 451, 462, 824 P.2d 1207 (1992) (“The general principle that a breach of ethical duties may result in denial or disgorgement of fees is well recognized.”); accord Behnke v. Ahrens, 172 Wn. App. 281, 298, 294 P.3d 729 (2012) (stating that “[d]isgorgement of fees is a reasonable way to discipline specific breaches of professional responsibility, and to deter future misconduct of a similar type,” and holding that it was proper for the trial court to limit the sanction for an RPC violation to disgorgement of fees paid); Cotton v. Kronenberg, 111 Wn. App. 258, 272, 275, 44 P.3d 878 (2002) (<HOLDING>). Consistent with the principle that Options: A. holding that the trial court did not abuse its discretion in awarding prejudgment interest on attorneys fees paid prior to the entry of judgment B. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees C. holding that the court of appeals erred in modifying the judgment to include attorneys fees when the trial courts refusal to grant attorneys fees was not the subject of a point of error D. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees E. holding that a trial court order disgorging all fees paid was a proper consequence of an attorneys rpc violation

assistant: The best answer is E. holding that a trial court order disgorging all fees paid was a proper consequence of an attorneys rpc violation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Promptly upon the written request of the Company, the Receiving Party will return all copies of the Confidential Information to the Company, and all notes, studies, reports, memoranda and other documents or materials prepared by the Receiving Party or its Representatives that contain or reflect any Confidential Information shall be destroyed. Notwithstanding the foregoing, (a) the Receiving Party’s legal department and/or outside counsel may keep one copy of the Confidential Information (in electronic or paper form) and, with respect to the Receiving Party’s Representatives who are accounting firms, such firms may keep one copy of the Confidential Information, in each case, if required to comply with applicable law or regulation and (b) the Receiving Party and its Representatives may retain Confidential Information to the extent it is “backed-up” on its or their (as the case may be) electronic information management and communications systems or servers, is not available to an end user and cannot be expunged without considerable effort; provided, that any such information so retained pursuant to clauses (a) and (b) of this Section 7 shall be held in compliance with the terms of this Agreement for a period of eighteen months from the date hereof.

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: appeal waiver. 14 F.Supp.2d 816, 819 (E.D.Va.1998). The court concluded that the defendant could still file a petition under § 2255 if his claim alleged ineffective assistance of counsel or challenged the voluntariness of the guilty plea. Id. In sum, a § 2255 waiver should not bar ineffective assistance of counsel claims or claims that a guilty plea was involuntary, just as direct appeal waivers do not bar those claims. General enforcement of § 2255 waivers, subject to the same exceptions as direct appeal waivers, aligns with precedent from other district courts in this Circuit that have indicated a defendant’s waiver of the right to file a § 2255 motion is as valid as a waiver of the right to a direct appeal. See, e.g., United States v. Smith, 113 F.Supp.2d 879, 898 (E.D.Va.1999) (<HOLDING>); United States v. Tayman, 885 F.Supp. 832, 834 Options: A. holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver B. holding the court of appeals had subject matter jurisdiction notwithstanding a defendants waiver of appellate rights in a plea agreement C. holding that the united states breach of the plea agreement releases the defendant from the appeal waiver D. holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so E. holding that a waiver of right to appeal contained in a plea agreement is enforceable

assistant: The best answer is D. holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so
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: Teijin hereby represents and warrants to Versartis that as of the Effective Date Teijin has no Knowledge of any pending filing, complaint, matter, or action against or involving either Teijin or its Affiliates with any Regulatory Authority that could be reasonably anticipated to have a material adverse effect on its ability to obtain Regulatory Approvals for the Licensed Products in the Territory.

assistant: Warranties
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: 272 (2001)). The right allegedly violated must be defined at the appropriate level of specificity before a court can determine if it was clearly established. Id. (internal quotation marks omitted) (quoting Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999)). Fishel contends that “no clearly established constitutional rule established that [she] violated the Eighth Amendment by failing to recalculate Figgs’s sentence in response to his concerns or by referring it to” the chief record office. This argument is flawed because it does not address the broader deficiencies with Fishel’s chosen course of action, which we have discussed above. The appropriate inquiry here is whether it was clearly established that Fishel’s failure to investigate the subst r. 1989) (<HOLDING>); Alexander v. Perrill, 916 F.2d 1392, 1397-99 Options: A. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live B. holding that the appellant waived his claim on appeal because he failed to address that claim in either his application for a coa or his brief on appeal C. holding same where senior record officer failed to take substantive action on prisoners claim that he was being held despite the expiration of his sentence D. holding that prisoners complaint alleging that he was punished for filing a grievance against a correctional officer was sufficient to provide notice of claim that he was retaliated against for exercising his first amendment rights E. holding that an officer stopped the defendant when he ordered the defendant to take his hand out of his pocket

assistant: The best answer is C. holding same where senior record officer failed to take substantive action on prisoners claim that he was being held despite the expiration of his sentence
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: crime of violence under 18 U.S.C. 3156(a)(4)(B) which has a definition similar to that in 18 U.S.C. § 16(b)). On its face, the plain language of 16(b) encompasses Tex. Penal Code § 30.04, which proscribes breaking into, or entering, a vehicle with the intent to commit a theft or felony. Breaking into a vehicle, by its nature, involves a substantial risk that physical force may be used against the property of another. See 18 U.S.C. § 16(b). Alfaro-Gramajo’s argument that the Texas courts have construed the statute too broadly for it to be considered a crime of violence is unpersuasive. The cases cited by Alfaro-Gramajo show that Texas courts have interpreted the statute within the plain meaning of its terms. See, e.g., Thomas v. State, 919 S.W.2d 810, 814 (Tex.Ct. App.1996) (<HOLDING>). However, to qualify under § 16(b), the Options: A. holding that the automobile exception applied to a car that had broken down and was to be repaired during the night and operable the next morning because the car had not lost its inherent mobility B. holding a car was broken into or entered when defendant reached in through the open window of a car C. holding that an arrest to retrieve car keys where ownership of the car was in dispute was not supported by probable cause D. holding that the driver of a car who had permission to use the car had standing to challenge its search E. holding that there was probable cause for arrest where officers knew defendants had recently been with suspected drug dealer officers saw defendants car being maneuvered so as to indicate that surveillance had been detected and when officers approached car defendant attempted to place package under car and then pulled the package back inside the car and closed and locked the car door

assistant: The best answer is B. holding a car was broken into or entered when defendant reached in through the open window of a car
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 shall bear all Registration Expenses incurred in connection with any registration pursuant to this letter agreement. The Company shall not bear any Selling Shareholder Expenses, which such expenses shall be borne by the Elliott Parties. Elliott shall promptly reimburse the Company for any Selling Shareholder Expenses incurred by the Company upon notice (and in any event within five (5) Business days of such notice). Notwithstanding anything to the contrary in this letter agreement, the Company shall not be obligated to effect the registration of any Eligible Securities pursuant to this letter agreement unless Elliott shall have paid all SEC filing fees associated with such registration to the Company in advance of any such fees being due or payable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by 8:00 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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 Government responds to most of Mr. Filipczyk’s claims by arguing that the Court of Federal Claims does not have jurisdiction to decide the negotiability of terms under a CBA, whether a CBA violates Department of Defense housing guidelines, or whether the CBA violates a statutory prohibition against compelling federal employees to rent government quarters. These statutes are not money-mandating, and the Tucker Act itself does not confer any substantive right to relief. The Government concludes that the Court of Federal Claims can only entertain claims that independently arise from a money-mandating statute. Mr. Filipczyk responds that the Court of Federal Claims has jurisdiction under the money-mandating Travel Expense Act, and thus has jurisdiction 2 Fed.Cl. 673, 677-78 (2004) (<HOLDING>). The Court of Federal Claims has jurisdiction Options: A. holding that the court of federal claims had pendant jurisdiction over a state law contract claim that was part of the same case as a claim over which the court of federal claims had jurisdiction pursuant to 28 usc 1498b B. holding that exercise of jurisdiction over plaintiffs state law claims was proper on the basis of supplemental jurisdiction even though the plaintiffs had erroneously claimed diversity jurisdiction because a legitimate federal question was also presented and the state law claims formed part of the same case or controversy as the federal claim C. holding the federal tort claims act did not permit exercise of pendant jurisdiction over additional parties as to which no basis for federal jurisdiction existed D. holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute E. holding that the federal district courts dismissal of the plaintiffs federal claims deprived the court of its jurisdiction over the remaining state law claims arising from the same incident

assistant: The best answer is A. holding that the court of federal claims had pendant jurisdiction over a state law contract claim that was part of the same case as a claim over which the court of federal claims had jurisdiction pursuant to 28 usc 1498b
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: it of the investigation of its foreign licensing practices for possible antitrust violations was dated June 8, 1967. II Another Government claim is that it was improper for Westinghouse not only to grant patent licenses for anywhere in the world except the United States and Canada, but as well to grant special patent licenses on a case-by-case, customer-by-customer, basis in the United States and Canada. This claim is premised on the view that Section 1 of the Sherman Act prohibits a patentee from entering into a licensing agreement which does not extend to every location and to every possible sale of the licensed product. The Government’s proposed interpretation of Section 1 of the Act was considered and rejected in United States v. CIBA 436, 60 S.Ct. 618, 84 L.Ed. 852 (1940) (<HOLDING>). The reasoning in CIBA is especially strong as Options: A. holding that possession of a drivers license is irrelevant to the offense of failing to present a license which is completed by failing to present the license when requested to do so by an officer B. holding inter alia that a creditor may take a security interest in a licensees liquor license C. holding invalid license which limited those to whom the licensees could sell finished products which contained the patented article D. holding that because plaintiff does not have the right to sell assign or otherwise transfer her medical license a medical license does not possess the requisite indicia of transferability E. holding that licensees use of photograph after license expired infringed licensors copyright

assistant: The best answer is C. holding invalid license which limited those to whom the licensees could sell finished products which contained the patented article
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: an award of attorney’s fees in paternity actions but make no reference to fees for an appeal. Neither statute limits attorney’s fees to a prevailing party and, thus, the provision in section 59.46, Florida Statutes (2008), interpreting statutes that award prevailing party attorney’s fees to include an award of appellate attorney’s fees does not apply in this case. My concern is that section 61.16, Florida Statutes (2008), would allow for an award of fees in this type of custody dispute if the child were legitimate. Statutes that do not provide rights and remedies to illegitimate children and their parents that are comparable to the rights and remedies given to legitimate children and their parents can violate Equal Protection. See Brown v. Dykes, 601 So.2d 568, 570 (Fla. 2d DCA 1992) (<HOLDING>). Under any level of scrutiny, it is not Options: A. holding that trial court did not abuse its discretion in ordering that father pay attorneys fees to mother as necessaries for the benefit of the children in paternity proceeding and citing statutory predecessor to section 151001 B. holding section 742031 unconstitutional to the extent that it prohibited attorneys fees to a father in a paternity action C. holding that although a putative father had standing to bring a paternity action the action could not proceed and the blood tests could not be ordered unless the trial court determined that the paternity action would serve the best interest of the child D. holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries E. holding that alleged biological father who sought to establish paternity waived constitutional error though it was undisputed that father had received no notice or hearing on prior paternity adjudication that created bar

assistant: The best answer is B. holding section 742031 unconstitutional to the extent that it prohibited attorneys fees to a father in a paternity action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: who arranged for disposal or treatment of hazardous substances at the facility, and to transporters of hazardous wastes to the facility. 42 U.S.C. § 9607(a)(3)-(4). 8 . The RAP for the site prepared by Neville also supplies indisputable evidence of the presence of hazardous substances at the Ne-ville facility. See Jeche Deck, Ex. A at 35-49. 9 . Neville also attempts to raise DTSC’s alleged arbitrary and capricious conduct as a defense to liability. However, this is a misapplication of the' arbitrary and capricious conduct standard, which is employed to measure the consistency of particular cleanup actions with the NCP, and therefore goes to the question of what costs the government is entitled to recover as damages rather than to the question of liability. See WSDOT, 59 F.3d at 798 (<HOLDING>). 10 . The evidence presented by the parties in Options: A. holding that wsdot was not entitled to recover response costs under cercla where its actions in connection with an environmental cleanup were inconsistent with the ncp to such a high degree as to be arbitrary and capricious but also stating that failure to comply with the ncp is not a defense to liability but rather a factual issue affecting damages B. holding that plaintiffs failure to substantially comply with public participation requirement rendered cleanup inconsistent with ncp C. holding the director of the united states environmental protection agency in contempt for failure to comply with court order D. holding that in an action for malicious prosecution the plaintiff is entitled to recover damages not only for his unlawful arrest and imprisonment but also for expenses of his defense E. holding that a common law breach of contract action will lie for the insurers failure to comply with its obligation to act in good faith and with due care in representing the interests of the insured in its failure to settle with a third party

assistant: The best answer is A. holding that wsdot was not entitled to recover response costs under cercla where its actions in connection with an environmental cleanup were inconsistent with the ncp to such a high degree as to be arbitrary and capricious but also stating that failure to comply with the ncp is not a defense to liability but rather a factual issue affecting 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any arbitration will be conducted in the english language and unless otherwise required by a mandatory law of a member state of the european union or any other jurisdiction , the law to be applied in any arbitration shall be the law of the state of california , united states , without regard to choice or conflicts of law principles .

assistant: None