flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: were terminated on December 31, 2000, pursuant to the City’s mandatory retirement ordinance (the “Ordinance”), which establishes sixty-three years as the maximum age for sworn members of the Police Department and for members of the uniformed service of the Fire Department. Chicago Municipal Code (“CMC”) § 2-152-140. The City did not give the plaintiffs an opportunity to take physical fitness tests to demonstrate that they could still meet the fitness requirements of the job. Ordinarily, under Fed.R.Civ.P. 23, class certification should be addressed before any consideration of the merits, but the ADEA class action is not subject to Rule 23, see 29 U.S.C. § 626(b) (incorporating opt-in procedures under 29 U.S.C. § 216); Tice v. American Airlines, Inc., 162 F.3d 966, 973 (7th Cir.1998) (<HOLDING>), so I may address the merits of these claims Options: A. holding that adea class actions are optin actions under 216b not optout actions subject to rule 23 B. holding that the eeocs enforcement suits should not be considered representative actions subject to rule 23 C. holding that actions under 727 are factually different from actions under 523 D. holding that a class action tolls the statute of limitations only for subsequent individual actions not for subsequent class actions E. holding that the actions were not actions of public and general applicability but were actions directed principally and primarily at plaintiffs

assistant: The best answer is A. holding that adea class actions are optin actions under 216b not optout actions subject to rule 23
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, Executive will be receive and be paid vacation of not less than 20 days per calendar year, prorated for any partial calendar year of employment, in accordance with the Company’s standard vacation policy (including, without limitation, its policy on the maximum accrual, carry-over and payout), with the timing and duration of specific vacations mutually and reasonably agreed to by Executive and the President.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The current term of this Agreement will conclude on April 30, 2017. The initial term and any renewals thereof are referred to as the “Term.” Commencing on April 29, 2015 and continuing on each April 29th thereafter (in each case the “Renewal Date”), this Agreement shall renew for an additional year so that the term shall be three (3) years from such Renewal Date, unless written notice of non-renewal is provided to the Executive at least ten (10) and not more than thirty (30) days prior to such Renewal Date. Commencing on or before March 31, 2015, prior to each notice period for possible non renewal, the disinterested members of the Board (or a Committee comprised solely of disinterested members) will conduct a comprehensive performance evaluation and review of the Executive for purposes of determining whether to extend the Agreement, and the results thereof shall be included in the minutes of the Board’s (or Committee’s) meeting. In the event this Agreement expires due to non renewal, this Agreement and Employee’s employment shall terminate on the expiration date of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: as between you and uber , uber reserves the right to establish , remove and/or revise charges for any or all services or goods obtained through the use of the services at any time in uber 's sole discretion .

assistant: Unilateral change
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 on Schedule 4.2(j) attached hereto, there are no judgments unsatisfied against Seller or the Property or consent decrees or injunctions to which Seller or the Property is subject, and there is no litigation, claim or proceeding pending against Seller or the Property which, if determined adversely, would have a material and adverse effect on the consummation of the sale of the Property.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to media coverage, none indicated that their exposure had caused them to form fixed, unchanging opinions of the defendant’s guilt. None indicated that their exposure would interfere in any way with their ability to render a verdict based solely on the evidence presented in court. Based on such a record, together with the fact that a significant number of potential jurors had not formed a fixed bias against the appellant due to news reports or other information, and the fact that a one year and nine-month span between the murder and trial had lessened the publicity and its impact, we held that the trial court had not abused its discretion by denying the appellant his request for a change of venue. Id. at 316-18; see also Commonwealth v. Crews, 536 Pa. 508, 640 A.2d 395, 398-99 (1994) (<HOLDING>). Here, nineteen years after the murders, Options: A. holding no violation of substantial rights occurred during voir dire where record did not show that defendant was denied fair and impartial trial B. holding a pretrial hearing on the waiver of counsel conducted three weeks before trial was the start of the trial stage where there were no changes between the pretrial hearing and the trial C. holding that even where there is inflammatory pretrial publicity an adequate coolingoff period between the publication of such material and the trial which in crews was six to eight months together with the trial courts exercise of its discretion to evaluate bias and impartiality during voir dire sufficiently supported the trial courts conclusion that pretrial publicity did not prevent the capital defendant from receiving a fair trial by an impartial jury D. holding that absence of defendants from part of voir dire discussing trial publicity with prospective jurors was error under rule 43 E. holding that the district court should have engaged in a more detailed inquiry when pretrial publicity was vast a third of potential jurors had an opinion about the guilt of the defendant and all jurors selected had been exposed to pretrial publicity

assistant: The best answer is C. holding that even where there is inflammatory pretrial publicity an adequate coolingoff period between the publication of such material and the trial which in crews was six to eight months together with the trial courts exercise of its discretion to evaluate bias and impartiality during voir dire sufficiently supported the trial courts conclusion that pretrial publicity did not prevent the capital defendant from receiving a fair trial by an impartial jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the term of this Agreement and so long as no Payment Default has occurred and is continuing under any of the Notes, the Pledgor is authorized to collect all distributions, interest payments, and other amounts that may be, or may become, due on any of the Collateral.

assistant: Interests
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 may not be modified except in a written instrument executed by each of Merchant and Agent; provided, however, that no modification may be made to Sections 3.1, 3.2, 3.3, 15 or 16 or this Section 17.3, or modify or amend any other provision of this Agreement to obligations of the Administrative Agent or any Lender, or limit or eliminate any rights expressly granted hereunder to the Administrative Agent or any Lender, in each case without the written consent of the Administrative Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the minor in the offense or whether that defendant can be held responsible for a co-conspirator's use of a minor when that use is reasonably foreseeable. See United States v. Acosta, 474 F.3d 999, 1002 (7th Cir.2007) (describing the circuit split). Because we conclude that Juarez-Gomez took affirmative steps to involve A.G. in the drug conspiracy at issue in this case, we need not enter the debate as to whether the section 3B1.4 enhancement could also be applicable only upon evidence that the use of the minor was reasonably foreseeable to the defendant. We also take no position on whether the court's existing precedent in United States v. Moore, applying Guidelines section 3B1.3, also determines co-conspirator accountability under section 3B1.4. See 29 F.3d 175, 179 (4th Cir.1994) (<HOLDING>). 8 . We conclude that the district court did Options: A. holding that the criminal act of one conspirator in furtherance of the conspiracy is attributable to the other conspirators for the purpose of holding them responsible for the substantive offense B. holding that courier is not in position of trust C. holding that co conspirators cannot be held responsible for another member of the conspiracys abuse of a position of trust under section 3b13 of the guidelines D. holding that the position of special trust is not dependent on the closeness of the defendants relationship with the child E. holding plaintiff responsible for attorney error

assistant: The best answer is C. holding that co conspirators cannot be held responsible for another member of the conspiracys abuse of a position of trust under section 3b13 of the guidelines
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: Therefore, we will construe Plautz’s ADA claim as a Rehabilitation Act claim. There is no significant difference between the substantive standards of the ADA and the Rehabilitation Act as they relate to this case. The Rehabilitation Act expressly provides: “The standards used to determine whether this section has been violated in a complaint alleging nonaffirmative action employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12201-12204 and 12210), as such sections relate to employment.” 29 U.S.C. § 791(g)(1999). See also Calero-Cerezo, 355 F.3d at 11 (<HOLDING>). Therefore construing the ADA claim as a Options: A. holding that the same standards apply to claims under the ada and under the rehabilitation act B. holding that neither the ada nor the rehabilitation act applies to prison employment C. holding the ada and the rehabilitation act applicable D. recognizing standards to determine discrimination are the same under the ra and the ada E. holding that exemption under the ada does not preclude liability under the rehabilitation act

assistant: The best answer is A. holding that the same standards apply to claims under the ada and under the rehabilitation act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: must establish both (1) that the information requested was compiled for law enforcement purposes and (2) that its disclosure would involve an unwarranted invasion of a third party’s privacy. Pratt v. Webster, 673 F.2d 408, 413 (D.C.Cir.1982). The plaintiff does not dispute that the information he seeks was compiled for law enforcement purposes. {See Opp’n at 2-3.) Thus, the only issue in dispute is whether the disclosure of the requested information could reasonably be expected to constitute an unwarranted invasion of personal privacy. Given the nature of law enforcement records, the individual’s “privacy interest at stake is substantial.” SafeCard Serv., Inc. v. S.E.C., 926 F.2d 1197, 1205 (D.C.Cir.1991); see also Bast v. U.S. Dep’t of Justice, 665 F.2d 1251, 1254 (D.C.Cir.1981) (<HOLDING>). Indeed, an agency may resort to a “Glomar” Options: A. holding the governments prior disclosure of requested information could not waive individuals privacy interests under exemption 6 and collecting cases involving exemption 7c B. holding that exemption 7c protects the privacy interests of all persons mentioned in law enforcement records whether they be investigators suspects witnesses or informants and their names are generally exempt from disclosure C. holding that in light of the stigma potentially associated with law enforcement investigations exemption 7c affords broad privacy rights to suspects witnesses and investigators D. holding that exemption 7c protects the privacy interests of all persons mentioned in law enforcement records whether they be investigators suspects witnesses or informants and their names are generally exempt from disclosure E. holding that there is no need to consider exemption 6 separately if information was compiled for law enforcement purposes because exemption 7c constitutes broader protection so any information falling under exemption 6 is covered by exemption 7c

assistant: The best answer is C. holding that in light of the stigma potentially associated with law enforcement investigations exemption 7c affords broad privacy rights to suspects witnesses and investigators
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 Employee agrees that in the event that any court of competent jurisdiction shall finally hold that any provision of Section 8 or 12 hereof is void or constitutes an unreasonable restriction against the Employee, the provisions of such Section 8 or 12 shall not be rendered void but shall apply with respect to such extent as such court may judicially determine constitutes a reasonable restriction under the circumstances. If any part of this Agreement other than Section 8 or 12 is held by a court of competent jurisdiction to be invalid, illegible or incapable of being enforced in whole or in part by reason of any rule of law or public policy, such part shall be deemed to be severed from the remainder of this Agreement for the purpose only of the particular legal proceedings in question and all other covenants and provisions of this Agreement shall in every other respect continue in full force and effect and no covenant or provision shall be deemed dependent upon any other covenant or provision.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is in a better position to have an opinion on the subject than is the trier of fact. State v. Wilkerson, 295 N.C. 559, 568-69, 247 S.E.2d 905, 911 (1978). Thus, “[t]he test is . . . whether the ‘opinion required expert skill or knowledge in the medical or pathologic field about which a person of ordinary experience would not be capable of satisfactory conclusions, unaided by expert information from one learned in the medical profession.’ ” Id. at 569, 247 S.E.2d at 911 (quoting State v. Powell, 238 N.C. 527, 530, 78 S.E.2d 248, 250 (1953)). In the instant case, both Dr. Radisch and Dr. Gleckman offered evidence via testimony and opinion consistent with the testimony and opinion previously allowed by this Court. See State v. McAbee, 120 N.C. App. 674, 686, 463 S.E.2d 281, 288 (1995) (<HOLDING>), disc. review denied, 342 N.C. 662, 467 S.E.2d Options: A. holding trial court did not abuse its discretion by ruling based only on affidavits B. holding that trial court did not abuse its discretion by allowing the state to introduce direct evidence of the controlling nature of defendants relationship with the victim C. holding that trial court did not abuse its discretion by granting such a temporary injunction D. holding that the trial court did not abuse its discretion by allowing two pathologists to offer their opinion as to whether childs injuries were intentionally or accidentally inflicted E. holding that the district court did not abuse its discretion in its ruling whether to proceed with a declaratory judgment action

assistant: The best answer is D. holding that the trial court did not abuse its discretion by allowing two pathologists to offer their opinion as to whether childs injuries were intentionally or accidentally inflicted
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 has been duly organized, and is validly existing as a limited liability company in good standing under the laws of the State of Delaware, with all requisite power and authority to own or lease its properties and conduct its business as such business is presently conducted, and the Borrower had at all relevant times, and now has all necessary power, authority and legal right to acquire, own, sell and pledge the Receivables and the other Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the Effective Date of employment under this Agreement, the office, position and title for which Executive is initially employed is that of Chief Operating Officer. Executive shall diligently render his services to Employer in a manner customary for such office or equivalent and in additional positions within the Company and its Affiliates in accordance with Employer’s directives, and Executive shall use his best efforts and good faith in fulfilling such responsibilities and in accomplishing such directives. Executive agrees to devote his full-time efforts, abilities, and attention to the business of Employer, and shall not engage in any activities which will interfere with such efforts. Executive shall well and faithfully serve Employer during the continuance of his employment hereunder and shall use his best efforts to promote the interests of Employer. Executive’s home office will be in Houston, Texas. Executive shall report to the Chief Executive Officer. Executive hereby acknowledges that he is fiduciary with respect to the Company and its Affiliates and shall act in accordance and otherwise comply with his fiduciary obligation to the Company and its Affiliates.

assistant: Duties
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: Cir.2002) (finding an absence of typicality where the "named claimants had not suffered 'injurfies] similar to the injuries suffered by the other class members' ”) (quoting McClain v. South Carolina Nat'l Bank, 105 F.3d 898, 903 (4th Cir.1997)). 19 . Oshana v. Coca-Cola Co., 472 F.3d 506, 514 (7th Cir.2006). 20 . Fed.R.Civ.P. 23(a)(4). 21 . Baffa v. Donaldson, Lufkin & Jenrette Secs. Corp., 222 F.3d 52, 60 (2d Cir.2000) (citing In re Drexel Burnham Lambert Group, Inc., 960 F.2d 285, 291 (2d Cir.1992)). 22 . Id. at 61 (quoting Maywalt v. Parker & Parsley Petroleum Co., 67 F.3d 1072, 1077-78 (2d Cir. 1995)). 23 . Id. (citing Surowitz v. Hilton Hotels Corp., 383 U.S. 363, 370-74, 86 S.Ct. 845, 15 L.Ed.2d 807 (1966)). Accord Noble v. 93 Univ. Place Corp., 224 F.R.D. 330, 344 (S.D.N.Y.2004) (<HOLDING>). 24 . In re IPO Sec. Litig., 471 F.3d 24, 30 Options: A. holding that an action concerning the application of the omitted spouse statute was an action at law B. holding class action to be superior adjudication method where individual class members had no interest in controlling prosecution of individual actions C. holding that facilitating small claims is the policy at the very core of the class action mechanism D. holding that inflexible application of the adequacy requirement runs counter to a principal objective of the class action mechanism to facilitate recovery for those least able to pursue an individual action E. holding that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action

assistant: The best answer is D. holding that inflexible application of the adequacy requirement runs counter to a principal objective of the class action mechanism to facilitate recovery for those least able to pursue an individual 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: 4. Recipient and each of its Representatives shall use all Classified Information disclosed by VELCO solely in connection with the work referenced in the Whereas clauses and shall not use, directly or indirectly, any information for any other purpose without VELCO’s prior written consent. A Recipient will not use or allow a Representative to use Classified Information directly or indirectly for any illegal purpose, non-legitimate purpose, or any purpose other than the work referenced in the Whereas clause.

assistant: Yes
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: Interest shall accrue on the outstanding principal balance hereof at an annual rate equal to three percent (3%). Interest shall be calculated on the basis of a 365-day year and the actual number of days elapsed, to the extent permitted by applicable law. Interest hereunder will be paid to the Holder or its assignee (as defined in Section 4 ) in whose name this Note is registered on the records of the Obligor regarding registration and transfers of Notes (the “ Note Register ”).

assistant: Interests
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: Subject to the provisions of Sections 3(b) through 3(d) hereof, all unvested shares of Restricted Stock shall be immediately forfeited upon the Participant’s Termination for any reason.

assistant: Forfeitures
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 one or more of the provisions contained in this Award Certificate are invalid, illegal or unenforceable, the other provisions of this Award Certificate will be construed and enforced as if the invalid, illegal or unenforceable provision had never been included.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile signatures shall bind the parties hereto to the same extent as original signatures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Agreement, and any such prohibition and unenforceability in any jurisdiction will not invalidate or render unenforceable such provision in any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No action, suit or proceeding shall have been instituted and be continuing or be threatened by any person to restrain, modify or prevent the carrying out of the transactions contemplated hereby, or to seek damages in connection with such transactions, or that has or could have a material adverse effect on MRGE.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 487 A.2d at 287 (quoting Stebbins-Anderson Co., 117 A.2d at 910) (internal quotation marks and citations omitted). A judgment creditor’s lien cannot attach to a seller’s - bare legal title in the property after the seller has conveyed equitable title, because the seller’s legal title is a mere “technicality.” Wolf Org., 705 A.2d at 46. Nor can the judgment creditor’s lien attach to the seller’s equitable interest in the property, because that interest has already become “vested in another.” Id. Moreover, the Maryland doctrine of equitable conversion protects the security interest of a purchaser regardless of the purchaser’s compliance with the recordation statutes. The recordation statutes protect only bona fide purchasers. See Lewis v. Rippons, 282 Md. 155, 383 A.2d 676, 680 (1978) (<HOLDING>); see also Greenpoint Mortg. Funding, Inc. v. Options: A. holding that the question of whether a bankruptcy trustee or a putative lessor was entitled to the proceeds of an equipment sale depended on whether a true lease was involved when the lease is intended as a security interest article 9 applies however a bona fide lease is not affected by article 9 B. holding a tape of a telephone call was admissible because one party to the call consented to the recording C. holding section 365d4 inapplicable to saleleaseback arrangement because not true and bona fide lease D. holding that because a party was not a bona fide purchaser the recording statute availed him not E. holding plan was not bona fide because the employees never earned more than the guaranteed hourly wage

assistant: The best answer is D. holding that because a party was not a bona fide purchaser the recording statute availed him not
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent that the Collateral Agent is not reimbursed and indemnified by the Company as, and to the extent, provided for in this Agreement or the Security Agreement, the Vendors will jointly and severally reimburse and indemnify the Collateral Agent, in proportion to their initial Settlement Amounts, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against the Collateral Agent in performing its duties hereunder or under this Agreement or the Security Agreement, or in any way relating to or arising out of this Agreement or the Security Agreement, except for those determined by a final judgment (not subject to further appeal) of a court of competent jurisdiction to have resulted solely from the Collateral Agent’s own gross negligence, bad faith or willful misconduct. Prior to taking any action hereunder as Collateral Agent, the Collateral Agent may require each Vendor to deposit with it sufficient sums as it determines in good faith is necessary to protect the Collateral Agent for costs and expenses associated with taking such action.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Interest is payable monthly on the last calendar day of each month and shall be computed on the basis of a 360-day year for the actual number of days elapsed. In computing interest, (i) all payments received after 12:00 p.m. Pacific time on any day shall be deemed received at the opening of business on the next Business Day, and (ii) the date of the making of any Credit Extension shall be included and the date of payment shall be excluded; provided , however , that if any Credit Extension is repaid on the same day on which it is made, such day shall be included in computing interest on such Credit Extension.

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 case excerpt and choose the best holding from the options. Case excerpt: the litigation.” MBI Grp., Inc. v. Credit Fonder Du Cameroun, 616 F.3d 568, 571 (D.C.Cir.2010) (emphases added). “A court first determines whether there is an adequate alternative forum and, if so, then proceeds to balance both private interest factors and public interest factors in favor of the respective forums.” Jackson v. Am. Univ. in Cairo, 52 Fed.Appx. 518, 518 (D.C.Cir.2002). The Supreme Court has explained that, ordinarily, the requirement of an adequate alternative forum “will be satisfied when the defendant is ‘amenable to process’ in the other jurisdiction.” Piper Aircraft Co. v. Reyno, 454 U.S. 235, 255, 102 S.Ct. 252, 70 L.Ed.2d 419 (1981). However, “where the remedy offered by the other forum is clearly unsatisfactory,” for example “where the alternative foru D.N.Y.1996)(<HOLDING>); Rasoulzadeh v. Associated Press, 574 F.Supp. Options: A. holding that extreme delay in the alternative forum can render that forum inadequate B. holding an alternative remedy to be inadequate where it would have caused great delay in the vindication of the petitioners rights C. holding that ghana was an inadequate alternative forum for a former ghanian trade counselor suing a ghanian security official for alleged torture because plaintiff would be put in grave danger if forced to litigate there D. holding inadequate alternative forum because the court believed that plaintiffs would not obtain justice at the hands of the courts administered by iranian mullahs and would probably be shot if they returned to iran E. holding that paraguay was an inadequate alternative forum because the paraguayan government was implicated in the alleged wrongdoing and individuals investigating the case had been murdered

assistant: The best answer is C. holding that ghana was an inadequate alternative forum for a former ghanian trade counselor suing a ghanian security official for alleged torture because plaintiff would be put in grave danger if forced to litigate there
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: Defendants’ failure to deposit ‘immediately upon demand, the sum demanded by the Surety as payment shall cause irreparable harm to the Surety for which the Surety has no adequate remedy at law ...[’] Therefore, the Court finds that absent enforcement of the Agreement, Plaintiff has no adequate remedy at law.”). However, courts have found such a provision to be at léast persuasive in determining irreparable injury in a trademark infringement context. See Dunkin’ Donuts Franchised Rests. LLC v. KEV Enters., 634 F.Supp.2d 1324, 1336 (M.D.Fla. 2009) (in addition to presumption of irreparable harm, citing provision in agreement stating “FRANCHISEE further agrees that any unauthorized use of the Proprietary Marks during the term of or after exp cu Gas, Inc., 754 F.2d 91, 95 (2d Cir.l985)(<HOLDING>). “The most corrosive and irreparable harm Options: A. holding that irreparable injury exists in a trademark case when the party seeking the injunction shows that it will lose control over the reputation of its trademark pending trial B. holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising C. holding that the lack of control over ones mark creates the potential for damage to reputation which constitutes irreparable injury for the purpose of granting a preliminary injunction in a trademark case D. holding that the defendants reference to the plaintiffs trademark in the metatags of the defendants web page was a violation of trademark law E. holding that the continued use of licensed trademark after termination of franchise agreement constituted trademark infringement and breach of contract

assistant: The best answer is A. holding that irreparable injury exists in a trademark case when the party seeking the injunction shows that it will lose control over the reputation of its trademark pending 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: Except (a) as otherwise disclosed on Schedule 5.8 , (b) for transactions that contain terms that are no less favorable to the applicable Borrower, as the case may be, than those which might be obtained from a third party not an Affiliate of any Credit Party, (c) for Permitted Investments, Permitted Asset Sales and Permitted Distributions, (d) for sales of equity interests in Borrower Representative to Affiliates of Borrower Representative not otherwise prohibited by the Financing Documents and the granting of registration and other customary rights in connection therewith and (e) for the payment of reasonable and customary director and officer compensation (including bonuses and stock option programs), benefits and indemnification arrangements in the Ordinary Course of Business, in each case approved by the board of directors (or a committee thereof) of such Borrower, no Borrower will directly or indirectly, enter into or permit to exist any transaction (including the purchase, sale, lease or exchange of any property or the rendering of any service) with any Affiliate of any Borrower.

assistant: Transactions With Affiliates
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 Tax Authority informs a Stockholder, on the one hand, or Buyer, on the other hand, of any notice of proposed audit, claim, assessment or other dispute concerning an amount of Taxes with respect to which the other Party may incur liability hereunder, the Party so informed shall promptly notify the other Party of such matter. Such notice shall contain factual information (to the extent known) describing any asserted Tax liability in reasonable detail and shall be accompanied by copies of any notice or other documents received from any Tax Authority with respect to such matter. If a Party has knowledge of an asserted Tax liability with respect to a matter for which it is to be indemnified hereunder and such Party fails to provide the indemnifying Party prompt notice of such asserted Tax liability (i) if the indemnifying Party is precluded from contesting the asserted Tax liability in any forum as a result of the failure to give prompt notice, the indemnifying Party shall have no obligation to indemnify the indemnified Party for Taxes arising out of such asserted Tax liability, and (ii) if the indemnifying Party is not precluded from contesting the asserted Tax liability in any forum, but such failure to provide prompt notice results in a monetary detriment to the indemnifying Party, then any amount which the indemnifying Party is otherwise required to pay the indemnified Party pursuant to this Agreement shall be reduced by the amount of such detriment.

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: Notwithstanding anything to the contrary contained herein, this Agreement may not be modified, amended, or supplemented, nor shall any provision or requirement hereof be waived, without the prior written agreement signed by both (a) the HERO Entities and (b) the Requisite Consenting Lenders; provided , that notwithstanding the foregoing, any modifications, amendments, or supplements or waivers to the Agreement, including any exhibits hereto (including any provision in the Term Sheet), to (i) the sub-provision entitled “First Lien Claims” in the provision entitled “Treatment of Claims and Interests” in the Term Sheet, (ii) the sub-provisions entitled “HERO Common Stock” and “Other Equity Interests” in the provisions entitled “Treatment of Claims and Interests” in the Term Sheet, (iii) any documentation with regard to (i) through (ii) above, (iv) any change to this Section 26, and (v) any proposed modification, amendment or supplement to, or waiver of, any provision of the Agreement that would, or would reasonably be expected to, materially and adversely affect any Ad Hoc Group Member in a manner that is disproportionate to any other Ad Hoc Group Member or the Ad Hoc Group as a whole, may not be made without the prior written consent of the HERO Entities and each member of the Ad Hoc Group (or, in the case of “subsection (v)”, by such Ad Hoc Group Member that would be so affected); provided further that with regard to the obligations of any Ad Hoc Group Member to vote its HERO Equity Interests pursuant to the terms of this Agreement, including, without limitation, any obligations in Section 5 of this Agreement, such provisions may be modified, amended or supplemented by any Ad Hoc Group Member, with respect to itself, and the Debtors, without the participation of, or consent of, any other Ad Hoc Group Member.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in this Agreement, all addendums, exhibits and schedules hereto and in any note, certificate, report or other Loan Documents made or delivered pursuant to this Agreement, the following terms will have the meanings given such terms in this Article One unless otherwise provided in any such other document.

assistant: Definitions
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 the United States. The BIA concluded that Zhu’s documentation failed to establish changed conditions in China, and that conclusion is supported by substantial evidence. See Jian Hui Shao v. Mukasey, 546 F.3d 138, 169 (2d Cir.2008) (reviewing BIA’s factual findings regarding changed country conditions under the substantial evidence standard). The BIA’s decision indicates that it considered all of the evidence included with Zhu’s third motion to reopen, including a letter from his wife. Contrary to Zhu’s assertions, the BIA did not abuse its discretion in finding the unsworn, uncorroborated letter unpersuasive and entitled to limited evidentiary weight in light of a prior finding that Zhu was not a credible witness. See Qin Wen Zheng v. Gonzales, 500 F.3d 143, 148 (2d Cir.2007) (<HOLDING>). The BIA also reasonably concluded that Zhu’s Options: A. holding that the bia did not abuse its discretion in denying a motion to reopen supported by allegedly unavailable evidence regarding changed country conditions where there had been a previous adverse credibility finding in the underlying asylum hearing B. holding that the bia did not abuse its discretion in discrediting a purported village notice where the document was not authenticated and the alien had been found not credible by the ij C. holding that bia abused its discretion in denying motion to reopen D. holding that the bia did not abuse is discretion in declining to credit unauthenticated documents submitted with a motion to reopen where alien had been found not credible in the underlying proceedings E. holding that bia did not abuse its discretion by declining to consider an unauthenticated document submitted with a motion to reopen to show changed country conditions

assistant: The best answer is D. holding that the bia did not abuse is discretion in declining to credit unauthenticated documents submitted with a motion to reopen where alien had been found not credible in the underlying proceedings
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: safeguards are not invoked. Id. Next on the escalating hierarchy of police-citizen encounters is “an investigatory stop.” See Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). For a police officer to lawfully detain a citizen, “an investigatory stop requires a well-founded, articulable suspicion of criminal activity. Mere suspicion is not enough to support a stop.” Popple, 626 So.2d at 186. The third and final level of a police-citizen encounter “involves an arrest which must be supported by probable cause that a crime has been or is being committed.” Id. Greider, 977 So.2d at 792. It is well recognized that police officers may conduct welfare checks and that such checks are considered consensual encounters that do not involve constitutional implications. Id. (<HOLDING>); Dep’t of Highway Safety & Motor Vehicles v. Options: A. recognizing that officers making initial contact with driver of car who was lawfully parked late at night in a park was an appropriate welfare check where officer testified he was concerned because towels were obscuring the car windows B. holding that even if an officers stop of a defendant who was on foot was unlawful the search of a parked car was justified by a different officer observing a gun magazine in plain view in the car C. recognizing that emergency lights convey a signal that an officer approaching a car at night presents no threat to the occupant of the car 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 reasonable suspicion to stop an occupant of a parked car based on his presence late at night in an area known for drug activity his leaning over the car console with a faint light and his attempt to hide something upon seeing a police officer

assistant: The best answer is A. recognizing that officers making initial contact with driver of car who was lawfully parked late at night in a park was an appropriate welfare check where officer testified he was concerned because towels were obscuring the car windows
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notices referred to herein shall be in writing and shall be deemed given if delivered in person or by facsimile transmission, or sent by U.S. registered or certified mail to the Participant at his or her address on file with the Company (or to such other address as the Participant shall specify by notice), or to the Company at its principal executive office, Attn: Secretary.

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: From and after the Effective Date, the Administrative Agent shall make all payments in respect of the Assigned Interest (including payments of principal, interest, fees and other amounts) to the Assignor for amounts which have accrued to but excluding the Effective Date and to the Assignee for amounts which have accrued from and after the Effective Date.

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 case excerpt and choose the best holding from the options. Case excerpt: added). On re-direct, the prosecutor had Ceocar-elli confirm that he picked out the defen dant at the live line-up and that there were five (5) men involved in the line-up. Defense counsel requested to re-cross-examine Ceocarelli about the pre-trial line-up identification. The trial court refused defense counsel’s request. A trial court’s decision not to allow re-cross-examination is reviewed for abuse of discretion. Hurst v. State, 825 So.2d 517 (Fla. 4th DCA 2002); Louisy v. State, 667 So.2d 972 (Fla. 4th DCA 1996). We find that the trial court did not abuse its discretion in disallowing defense counsel from re-crossing Ceocarelli. Defense counsel opened the door to the line-up issue during cross-examination and no new issues were raised on re-direct. See Hurst, 825 So.2d 517 (<HOLDING>). Accordingly, we affirm the trial court’s Options: A. holding that the trial court did not abuse its discretion in disallowing recross where the prosecutor did not raise any new matters during redirect B. holding that trial court did not abuse its discretion in overruling motion for new trial on perjury grounds C. holding that the trial court did not abuse its discretion in allowing expert testimony on matters not noticed where the appellants trial counsel was well versed in those matters and capable of crossexamining the experts effectively D. holding trial court did not abuse its discretion by ruling based only on affidavits E. holding trial court did not abuse its discretion in finding violation was willful and substantial

assistant: The best answer is A. holding that the trial court did not abuse its discretion in disallowing recross where the prosecutor did not raise any new matters during redirect