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: all conditions , representations and warranties , whether express , implied , statutory or otherwise , including , without limitation , any implied warranty of merchantability , fitness for a particular purpose , or non-infringement of third-party rights in relation to the service or the content , are hereby disclaimed to the maximum extent permitted by applicable law by onavo ( including its affiliates , directors , officers , employees , agents , contractors , successors or assignees ) and its licensors .

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 Company and each of its subsidiaries have filed all federal, state, local and foreign tax returns required to be filed through the date of this Agreement (taking into account applicable extensions) (except where the failure to file would not, individually or in the aggregate, have a Material Adverse Effect) and have paid all taxes required to be paid thereon (except for cases in which the failure to pay would not have a Material Adverse Effect, or, except as currently being contested in good faith and for which reserves required by GAAP have been created in the financial statements of the Company), and no tax deficiency has been determined adversely to the Company or any of its subsidiaries which has had (nor does the Company nor any of its subsidiaries have any notice or knowledge of any tax deficiency which could reasonably be expected to be determined adversely to the Company or its subsidiaries and which could reasonably be expected to have) a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is authorized under its Certificate of Incorporation to issue 200,000,000 shares of Common Stock and 5,000,000 shares of Preferred Stock. The Company’s disclosure of its issued and outstanding capital stock in its most recent SEC Filing containing such disclosure was accurate in all material respects as of the date indicated in such SEC Filing. All of the issued and outstanding shares of the Company’s capital stock have been duly authorized and validly issued and are fully paid and nonassessable. None of such shares were issued in violation of any pre-emptive rights and such shares were issued in compliance in all material respects with applicable state and federal securities law and any rights of third parties. No Person is entitled to pre-emptive or similar statutory or contractual rights with respect to the issuance by the Company of any securities of the Company, except as have been duly and validly waived. There are no outstanding warrants, options, convertible securities or other rights, agreements or arrangements of any character under which the Company is or may be obligated to issue any equity securities of any kind, except as previously disclosed in the Company’s SEC filings or contemplated by this Agreement (other than options or equity awards granted under the Company’s equity incentive plans or inducement awards granted pursuant to arrangements approved by the Company’s board of directors). Except as provided in the Registration Rights Agreement, neither the filing of the registration statement required to be filed by the Registration Rights Agreement nor the offering or sale of the Note as contemplated by this Agreement gives rise to any rights for or relating to the registration of any shares of Common Stock or other securities of the Company under the 1933 Act, except as have been duly and validly waived.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement and to consummate the transactions contemplated hereby. The execution, delivery and performance by the Company of this Agreement and the consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary action required on the part of the Company, and no other proceedings on the part of the Company are necessary to authorize this Agreement or for the Company to perform its obligations under this Agreement. This Agreement constitutes the lawful, valid and legally binding obligation of the Company, enforceable in accordance with its terms, except as the same may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and general equitable principles regardless of whether such enforceability is considered in a proceeding at law or in equity.

assistant: Authority
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: dismissals of Counts I (Knowingly Presenting False Claims t strict court properly dismissed Smith’s case in response to the violation. The procedural requirements of the False Claims Act, including its seal provision, “are not jurisdictional, and violation of those requirements does not per se require dismissal.” Lujan, 67 F.3d at 245. Further, “[n]o provision of the False Claims Act explicitly authorizes dismissal as a sanction for disclosures in violation of the seal requirement.” Id. Thus, the False Claims Act, on its face, neither mandates nor expressly supports dismissal with prejudice. But we recognize that every other circuit to consider this issue has read such authority into the False Claims Act. See, e.g., U.S. ex rel. Summers v. LHC Grp., Inc., 623 F.3d 287 (6th Cir.2010) (<HOLDING>); Lujan, 67 F.3d 242 (9th Cir.1995) (creating a Options: A. holding that plaintiffs failure to raise his constitutional claims in the military court system bars him from raising them in federal court B. recognizing autonomy of state and federal bars C. holding that the requirements for establishing a rehabilitation act violation are similar to those for establishing an ada violation D. holding that the court bars a party from raising an issue on remand that was not raised on appeal E. holding that violation of the seal requirements bars qui tam plaintiffs from qui tam status

assistant: The best answer is E. holding that violation of the seal requirements bars qui tam plaintiffs from qui tam status
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: Owner agrees that, from and after the Closing, Owner will not directly or indirectly engage in any conduct that involves the making or publishing (including through electronic mail distribution or online social media) of any written or oral statements or remarks (including the repetition or distribution of derogatory rumors, allegations, negative reports or comments) that are disparaging, deleterious or damaging to the integrity, reputation or good will of one or more Covered Parties or their respective management, officers, employees, independent contractors or consultants. Notwithstanding the foregoing, subject to Section 3 below, the provisions of this Section 2(c) shall not restrict Owner from providing truthful testimony or information in response to a subpoena or investigation by a Governmental Authority or in connection with any legal action by Owner against any Covered Party under this Agreement, the Merger Agreement or any other Ancillary Document that is asserted by Owner in good faith.

assistant: Non-Disparagement
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: also , your content must not include content that is illegal , obscene , defamatory , threatening , intimidating , harassing , hateful , racially or ethnically offensive , libelous , invasive of another 's privacy , bigoted , inflammatory , vulgar , sexually explicit , pornographic , violent , discriminatory , or harmful to minors in any way , that would instigate or encourage conduct that would be illegal , or otherwise inappropriate , including promoting violent crimes or that violate facebook 's community standards or masquerade 's terms and policies .

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: EACH OF THE ACCOUNT PARTIES, THE ADMINISTRATIVE AGENT AND THE BANKS HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the provisions of Section 7.4 hereof, the personal representative of Grantee may, within two (2) months following his appointment, offer such part or all of the stock of decedent for sale to Hills as does not exceed in value the sum of (1) the estate, inheritance, legacy and succession taxes (including any interest collected as a part of such taxes) imposed because of the decedent's death and (2) the amount of funeral and administration expenses allowable as deductions to the estate under Section 2053 of the Internal Revenue Code of 1986 or subsequent similar enactments. Such offer shall be made only if the value (for Federal Estate Tax purposes) of all the stock of such Corporation, or of such Corporation and of other companies, equals or exceeds the amounts prescribed by Section 303(b) (2) of the Internal Revenue Code of 1986 or subsequent similar enactments, and all other requirements for treatment of the payment therefore as a distribution in full payment in exchange for such stock, are met. The Corporation, unless by law prohibited, shall accept such offer and shall pay the purchase price as hereinafter provided in cash.

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: Borrower, its Subsidiaries and Obligated Parties own, or possess the right to use, all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses, slogans, other advertising products and processes, and other intellectual property rights that are reasonably necessary for the operation of their respective businesses, without conflict with the rights of any other Person. To the best knowledge of Borrower, no slogan or other advertising product, process or other material now used by Borrower, any Subsidiary or any Obligated Party infringes upon any rights held by any other Person.

assistant: Intellectual Property
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 execution, delivery and performance of this Amendment and any agreements executed and delivered in connection herewith and the transactions contemplated hereby and thereby (i) are within the authority of Borrower and Guarantor, (ii) have been duly authorized by all necessary proceedings on the part of the Borrower and Guarantor, (iii) do not and will not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which any of the Borrower or Guarantor is subject or any judgment, order, writ, injunction, license or permit applicable to any of the Borrower or Guarantor, (iv) do not and will not conflict with or constitute a default (whether with the passage of time or the giving of notice, or both) under any provision of the partnership agreement or certificate, certificate of formation, operating agreement, articles of incorporation or other charter documents or bylaws of, or any mortgage, indenture, agreement, contract or other instrument binding upon, any of the Borrower or Guarantor or any of their respective properties or to which any of the Borrower or Guarantor is subject, and (v) do not and will not result in or require the imposition of any lien or other encumbrance on any of the properties, assets or rights of any of the Borrower or Guarantor.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if we at viber believe the details are not correct , current , or complete , we have the right prevent you from accessing our services , or any of its resources and to terminate or suspend your account .

assistant: Unilateral termination
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: assign all inventions to the University of Washington in which it had an interest: Q. Did you understand that if you were doing research work for Washington using their facilities, that they would own the patents resulting from that work? A. Yes. * * * Q. Was it your—although you didn’t read this document, was. it your understanding that you had assigned to the University all discoveries and inventions in which the University has an interest? A. Yés. - (7/1/14 Liu Tr. at 97:9-12; 98:14-18). According to Defendants, Dr. Liu’s employment agreement constitutes an “automatic” assignment that, upon conception, immediately assigned his inventions to the University of Washington with no further required action on his part. See Speedplay, Inc. v. Bebop, Inc., 211 F.3d 1245, 1253 (Fed.Cir.2000) (<HOLDING>); see also SiRF Tech., Inc. v. Int’l Trade Options: A. holding that where employee gave notice to employer of injury and employer told employee that nothing could be done for him through workmans compensation employer had breached statute and was liable for medical treatment which was reasonable and necessary to restore employee to maximum usefulness B. holding injured employee who asked his employer for medical assistance and employer refused and employee then went to physician of his own choice employee could recover medical benefits C. holding that claims against corporate officers for mismanagement belong to the corporation D. holding agreement stating inventions shall belong and that employee hereby conveys transfers and assigns to its employer constitutes an automatic assignment E. holding that whether an employee decides to assist the charging party or refuses to assist the employer the employer may not retaliate against the employee because this decision of the employee constitutes participation in an investigation or proceeding under title vii

assistant: The best answer is D. holding agreement stating inventions shall belong and that employee hereby conveys transfers and assigns to its employer constitutes an automatic assignment
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 all times during the Term of each Device Lease, Lessees and Servicer shall not directly or indirectly give or allow another Person to give any interest in or Lien over the Device subject to such Device Lease or over such Device Lease, other than Permitted Device Liens. Lessees shall promptly, at their own cost and expense, take such action as may be necessary to duly discharge or eliminate any such Liens (other than Permitted Device Liens) upon obtaining Knowledge thereof.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 355 U.S. 269 78 S.Ct. 327 2 L.Ed.2d 257 COMMONWEALTH OF VIRGINIA, plaintiff,v.STATE OF MARYLAND. No. 12, Original. Supreme Court of the United States December 16, 1957 Messrs. C. F. Hicks, Asst. Atty. Gen. of Virginia and Kenneth C. Patty, Atty. Gen., for plaintiff. Messrs. Joseph S. Kaufman, Asst. Atty. Gen. of Maryland and C. Ferdinand Sybert, Atty. Gen. (Mr. Edward S. Digges, Special Asst. Atty. Gen., on the brief), for defendant. On motion for leave to file bill of complaint. PER CURIAM. 1 The Court having heard oral argument by the Attorneys General of the States and having considered the printed briefs of counsel, the Court is of the opinion that the motion for leave to file the bill of complaint should be granted. The State of Maryland is directed to file an answer to the bill of complaint within 60 days and process is ordered to issue accordingly.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not be stored. We thus find the district court’s reliance on Denson in its decision below to be misplaced. B. Applicability of the Act to This Case Having determined that the district court erred in requiring a special nexus between a record of First Amendment activities and the agency’s system of records, we must turn to an examination of whether the agency violated the Act by making the videotape of the meeting with the analysts. The threshold issue in this regard is whether the videotape is a record of the exercise of First Amendment rights. We do not think the fact that the means of storing information in this case was a videotape makes it any less a record for purposes of the Act. See Save the Dolphins v. United States Department of Commerce, 404 F.Supp. 407, 410-11 (N.D.Cal.1975) (<HOLDING>). As long as the tape contains a means of Options: A. holding that a motion picture film is a record for purposes of the freedom of information act 5 usc 552 1976 B. recognizing privacy interest in medical records requested under freedom of information act C. holding under orleans that a federally funded private medical research organization is not an agency for purposes of the freedom of information act D. holding ripe for review advisory guidelines for processing freedom of information act requests E. holding that 552 does not require that defendants be in the business of supplying information but only that they profit by supplying the information

assistant: The best answer is A. holding that a motion picture film is a record for purposes of the freedom of information act 5 usc 552 1976
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Recipient agrees to limit disclosure of Confidential Information to employees and employees of Affiliates having a specific need to know such Confidential Information for the Purpose and in the case of Affiliates only to the extent that such Affiliate is under obligation to hold such information in confidence and is made aware of these terms and conditions.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when providing content using the services ( directly or indirectly ) , you grant us a non-exclusive , worldwide , perpetual , irrevocable , royalty-free , sublicensable ( through multiple tiers ) right to exercise any and all intellectual property rights ( as defined above ) you have in that content in connection with our provision , expansion , and promotion of the services , in any media known now or developed in the future .

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: Unless otherwise provided, any notice and other communications required or permitted by this Agreement will be in writing and will be deemed sufficient upon delivery, when delivered personally or by overnight courier or sent by telegram or fax, or 48 hours after being deposited in the U.S. mail, as certified or registered mail, with postage prepaid, and addressed to the party to be notified at such party’s address or fax number as set forth on the signature pages hereto or as subsequently modified by written notice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: within the meaning of the statute; (2) that the [employer] had notice of his disability; (3) that with reasonable accommodation he could perform the essential functions of the position ...; and (4) that the employer refused to make such accommodations.” Rhoads v. FDIC, 257 F.3d 373, 387 n. 11 (4th Cir.2001), cert. denied, 535 U.S. 933, 122 S.Ct. 1309, 152 L.Ed.2d 219 (2002). The burden to provide notice of a disability is “not a great one .... Adequate notice simply informs the employer of both the disability and the employee’s need for the accommodations for that disability.” EEOC v. Fed. Express Corp., 513 F.3d 360, 369 n. 5 (4th Cir.), cert. denied, 555 U.S. 814, 129 S.Ct. 343, 172 L.Ed.2d 22 (2008); see Schneider v. Giant of Md., LLC, 389 Fed.Appx. 263, 270 (4th Cir.2010) (<HOLDING>); Huppenbauer v. May Dep’t Stores Co., 99 F.3d Options: A. holding that a notice recommending termination of an employee to the board without notice to the employee of employees right to attend and dispute the claims violated due process B. holding as a matter of law that the existence of an expense reimbursement policy alone did not create an implied contract limiting the employers right to terminate an employee atwill C. holding that an employers knowledge that an employee was diabetic did not equate to notice that the employees diabetes was so limiting as to be disabling and to require special accommodations D. holding that employers knowledge of employees criminal conviction for intoxication did not put employer on notice that employee might be a thief E. holding that if all of an employees coworkers knew that he had a heart condition such knowledge would not amount to notice to the employer that the employee was so limited by a disability as to require special accommodations

assistant: The best answer is C. holding that an employers knowledge that an employee was diabetic did not equate to notice that the employees diabetes was so limiting as to be disabling and to require special accommodations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. No Party hereto shall assign (a) this Agreement or any rights or obligations hereunder, (b) any of the Bridge Loans or Sponsor Notes held by such Parties, or (c) so long as such Party remains the legal owner, beneficial owner and/or investment advisor or manager of or with power and/or authority to bind such Stone Notes, any of the Stone Notes, without in each case the prior written consent of the other Parties hereto; provided, however, that the Bridge Loan Lenders, the Stone Noteholders and the Sponsor Noteholders may assign their rights and obligations hereunder and their Bridge Loans, Stone Notes or Sponsor Notes, as applicable, to any other person without the prior written consent of any other Party, so long such other person executes a joinder to this Agreement in the form attached as Exhibit C by which such other person agrees to be bound by the obligations of such transferring person under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HEREBY IRREVOCABLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE CITY OF NEW YORK, BOROUGH OF MANHATTAN, FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR IN CONNECTION WITH ANY TRANSACTION CONTEMPLATED HEREBY, AND HEREBY IRREVOCABLY WAIVES, AND AGREES NOT TO ASSERT IN ANY SUIT, ACTION OR PROCEEDING, ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF ANY SUCH COURT, THAT SUCH SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR THAT THE VENUE OF SUCH SUIT, ACTION OR PROCEEDING IS IMPROPER.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. at 283. The facts of the instant case do not rise to the level of potential juror bias that concerned this court in Salgado and Martinez. In the instant case, prospective juror Thies stated at the outset, “I wouldn’t say that I would always give [a police officer] credibility because, you know, he’s at a different angle.” Thies stated that he would be fair and that he would do the best he could. Throughout his voir dire responses, Thies consistently indicated that he woul the best position to observe Thies’ demeanor, assess his candor, and determine whether Thies was impartial. After a thorough review of the record, we cannot find that the trial judge committed manifest error in determining that Thies was competent to serve as a juror. See, e.g., Morrison, 818 So.2d at 442 (<HOLDING>). Since we hold that Guzman failed to show Options: A. holding in a case considering whether the trial court should have conducted a competency hearing sua sponte that an appellate court may only consider those facts which were before the court when the trial commenced B. holding that where the issue before the court is legal as opposed to factual an appellate court need not give deference to a trial courts decision C. holding that on review of a motion to suppress the appellate court is to give deference to a trial courts factual findings but legal conclusions are reviewed de novo D. recognizing that a defense attorneys opinion on the clients competency or incompetency is an important but not dispositive factor for trial court to consider in its competency determination E. holding that an appellate court must give deference to the trial judges determination of juror competency

assistant: The best answer is E. holding that an appellate court must give deference to the trial judges determination of juror competency
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: after the FBI told Whitacre to get rid of the tapes. That friend, David Hoech, denied destroying any tapes. It follows that because no evidence was destroyed, its exculpatory nature could not have been apparent before its destruction. Furthermore, because Whitacre recanted his allegation that the FBI ordered him to destroy tapes — an allegation that was far from credible even when made — no evidence indicates bad faith by the government. b. Federal Wiretap Laws The defendants further contend that the tape recordings violated federal wiretap laws, and therefore must be excluded from trial based on 18 U.S.C. § 2515, which prohibits the evidentiary use of any illegally obtained tape recording. Two exceptions to § 2515 potentially apply. First, § 2511(2)(c) allows the use of tap Cir.1979) (<HOLDING>); United States v. Craig, 573 F.2d 455, 476 Options: A. holding that various data tapes were owned or obtained by the agency even though they were neither created by agency employees nor currently located on agency property because the firm that created the tapes acted on behalf of the agency in creating the tapes B. holding that defendants statements made to an informant were admissible even though the informant lied about his identity C. holding that informant acted under color of law when fbi supervised recording D. holding that tapes made by fbi informant were admissible under 25112ed E. holding that a federal drug informant acting under the partial direction of the fbi and for pay was not a federal employee under the ftca

assistant: The best answer is D. holding that tapes made by fbi informant were admissible under 25112ed
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 additional continuance nine days before trial; and the Court had already continued resolution of this case eight times (docs.# 32, # 52, # 66, # 79, # 93, # 94, # 96, # 97). Moreover, the government indicated that the additional discovery material consisted mostly of summaries of earlier disclosed evidence. Under these circumstances, the Court finds that it was entirely proper to require that the trial proceed as scheduled. Cf. United States v. McHorse, 179 F.3d 889, 904 (10th Cir.1999) (affirming denial of motion to continue trial more than a half day where the defendant had just received additional discovery material, but continuance motion was made the day of trial and three prior continuances had been granted); United States v. Lefkowitz, 125 F.3d 608, 620 (8th Cir.1997) (<HOLDING>). B. Denial of Motion to Suppress Huber also Options: A. holding that the trial court abused its discretion in not allowing defendant to withdraw his waiver of jury trial where a lengthy continuance already had been granted B. holding that trial court did not abuse discretion in denying motion to sever because trial of three defendants would not create confusion C. holding that trial court did not abuse its discretion in denying motion to continue due to pretrial publicity in part because court instructed jury on three separate occasions to consider only evidence presented in the courtroom D. holding that trial court did not abuse its discretion by denying motion for continuance when not in proper affidavit form E. holding that trial court did not abuse its discretion in denying motion to continue trial three months where although trial was complex and records were voluminous court had already granted two prior continuances and continuance of three weeks was sufficient to prepare for trial

assistant: The best answer is E. holding that trial court did not abuse its discretion in denying motion to continue trial three months where although trial was complex and records were voluminous court had already granted two prior continuances and continuance of three weeks was sufficient to prepare for 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 case excerpt and choose the best holding from the options. Case excerpt: faith, and the district court provided them an opportunity to respond on the merits. See Richey, 632 F.3d at 565 & 565 n. 1. AFFIRMED. *** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1 . For the first time on appeal, the parties raise the competency and reliability of certain declarations submitted in the district court. Because neither party raised these evidentiary objections in the district court, we deem them waived. See United States v. Gomez-Norena, 908 F.2d 497, 500 (9th Cir.1990) (explaining that to preserve an evidentiary issue for appeal, a party must make a timely and specific objection to evidentiary issues before the trial court); see also Marbled Murrelet v. Babbitt, 83 F.3d 1060, 1066-67 (9th Cir.1996) (<HOLDING>). 2 . The Soongs do not argue that the district Options: A. holding that a party waives an objection by failing to request a ruling on the admissibility of the evidence before the district court B. holding that the foundational prerequisites are unnecessary where the test result is admitted in evidence without objection when evidence of one of the issues in the case is admitted without objection the party against whom it is offered waives any objection to the evidence and it may be properly considered even if the evidence would have been excluded upon a proper objection C. holding that failure to file a postjudgment motion on alleged error of law relating to ruling on exception to the statute of frauds that was committed for first time in the judgment waives any objection to that ruling and that in the absence of any other formal objection the issue is not preserved for appellate review D. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court E. holding that a party in a habeas case waives an argument by failing to raise it before the district court

assistant: The best answer is A. holding that a party waives an objection by failing to request a ruling on the admissibility of the evidence before the district court
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: by rejecting any change , you are agreeing that you will arbitrate any dispute between you and airbnb in accordance with the provisions of the `` dispute resolution and arbitration agreement '' section as of the date you last accepted these terms ( or accepted any subsequent changes to these terms ) .

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: and in its design. The Red Hawk could not move laterally because its mooring lines were permanently taut. Mendez, 466 Fed.Appx. at 317. Conversely, the ATP TITAN can reposition itself over the wells it sits on up to 200 feet from its center location by using its anchor lines, although the ATP TITAN has never been repositioned more than 130 feet. Further, the ATP TITAN has been described as a “first-of-its-kind floating drilling and production platform that combines the mobility of a semi-submersible with the stability of a three-column spar.” It is considered a hybrid semi-submersible/spar. Semi-submersible drilling rigs are generally considered vessels, unlike production platforms or spars. See, e.g., Case v. Omega Natchiqu, Inc., H08-0835, 2008 WL 2714124 (S.D.Tex. July 10, 2008) (<HOLDING>). In considering the effect of the ATP TITAN’s Options: A. holding that once a sentence is imposed it is a valid final judgment until it is reversed or vacated B. holding that barge moored to the shore and used as a stationary work platform to clean other barges was not a vessel C. holding that two barges fastened together moored to bank of river and used to weld pipeline together were not vessels D. holding atp innovator previously a semisubmersible drilling rig to be a nonvessel once it was moored indefinitely E. holding that floating barge moored to shore remaining in same place for approximately seven years and used as work platform to clean and strip cargo and gas from barges was not a vessel

assistant: The best answer is D. holding atp innovator previously a semisubmersible drilling rig to be a nonvessel once it was moored indefinitely
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, unless the context otherwise requires: (1) the terms defined herein will have the meanings set forth herein for all purposes; (1) references to “Section” are to a section hereof; (1) “include,” “includes” and “including” are deemed to be followed by “without limitation” whether or not they are in fact followed by such words or words of like import; (1) “writing,” “written” and comparable terms refer to printing, typing, lithography and other means of reproducing words in a visible form; (1) “hereof,” “herein,” “hereunder” and comparable terms refer to the entirety of this Agreement and not to any particular section or other subdivision hereof or attachment hereto; (1) references to any gender include references to all genders; and (1) references to any agreement or other instrument or statute or regulation are referred to as amended or supplemented from time to time (and, in the case of a statute or regulation, to any successor provision).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the documents in Plaintiff's possession could not be found during the investigation of the Fund in the fall of 2002, but were then found in the Luzerne County annex building in 2004. (See Koehler Dep. 98:16-24, Doc. 434-19 at 26.) This is a more reasonable inference to draw than mail and/or wire fraud. 66 . While Count V of Plaintiff’s Complaint, which alleged a violation of section 1962(b), was dismissed for failure to adequately state an injury from Defendants' acquisition or control of an interest in a RICO enterprise, the substantive allegations of a section 1962(b) violation can still sustain a claim for a section 1962(d) violation. Rehkop v. Berwick Healthcare Corp., 95 F.3d 285, 290 (3d Cir.1996). 67 . See Lightning Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1191 (3d Cir.1993) (<HOLDING>); Rose v. Bartle, 871 F.2d 331, 366 (3d Options: A. holding that adea class actions are optin actions under 216b not optout actions subject to rule 23 B. holding that the actions were not actions of public and general applicability but were actions directed principally and primarily at plaintiffs C. holding that 1962d does not violate the principle prohibiting conviction of multiple conspiracies under an indictment charging a single conspiracy D. holding that because defendants actions did not constitute violations of subsections a b or c these actions could not serve as the object of a section 1962d conspiracy E. holding that for purposes of determining the appropriate limitations period section 14a actions are treated identically to actions under section 10b

assistant: The best answer is D. holding that because defendants actions did not constitute violations of subsections a b or c these actions could not serve as the object of a section 1962d conspiracy
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: indicate that “all types of sarcoido-sis necessarily have a quick and rapid onset of severe symptomatology.” Id. at *3. Mr. Mathis argued that the report contained inadequate analysis, but the Veterans Court explained that “there is no reasons or bases requirement imposed on [an] examiner.” Id. at *2 (quoting Acevedo v. Shinseki 25 Vet.App. 286, 293 (2012)). Similarly, while Mr. Mathis complained that the examiner cited no medical authorities, the Veterans Court explained that an examiner is presumed to know about medical authorities under the .presumption of competence: The presumption that VA medical examiners are competent “includes a presumption that physicians remain up-to-date on medical knowledge and current medical studies.” Monzingo v. Shinseki 26 Vet.App. 97, 106-07 (2012) (<HOLDING>). Id. at *3. Mr. Mathis also objected to the Options: A. holding that the mere fact that an examiner did not cite any studies is not evidence that he is unaware of such studies and is not a basis for finding an examination report inadequate B. holding that an examiner is not estopped from rejecting a divisional application because of an earlier requirement for division C. holding that it is not D. holding that dui is not such an offense E. holding that claim construction is an issue of law for the court not a question of fact for the jury

assistant: The best answer is A. holding that the mere fact that an examiner did not cite any studies is not evidence that he is unaware of such studies and is not a basis for finding an examination report inadequate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of reasonableness, and such amounts ordinarily cannot be recovered without evidence showing the charges were reasonable. Fort Worth Hotel Ltd. P’ship, 977 S.W.2d at 762-63; see Murnan, 916 S.W.2d at 589; GATX Tank Erection Corp., 693 S.W.2d at 620; Bradley v. Castro, 591 S.W.2d 304, 306 (Tex.Civ.App.—Fort Worth 1979, no writ); Frost Nat’l Bank of San Antonio v. Kayton, 526 S.W.2d 654, 666-67 (Tex.Civ.App.—San Antonio 1975, writ ref'd n.r.e.); Allright, Inc. v. Lowe, 500 S.W.2d 190, 191 (Tex.Civ.App.—Houston [14th Dist.] 1973, no writ). These cases hold that a plaintiff cannot recover damages just by proving how much it spent. It must also provide evidence that the amount spent was reasonable and necessary. But see Liptak v. Pensabene, 736 S.W.2d 953, 958 (Tex.App.—Tyler 1987, no writ) (<HOLDING>) (citing English v. Fischer, 649 S.W.2d 83, Options: A. holding that the testimonies of three qualified expert witnesses about the damages done to a house by termites and their opinions as to what the repairs would cost was some evidence that the cost of repairs was reasonable and necessary although those words were not used in their testimonies B. holding that using the opinions of an expert that were not testified to during trial which were irrelevant and solely used to destroy the credibility of the expert was not admissible C. holding that if despite repairs there remains a loss in actual market value estimated as of the collision date such deficiency is to be added to the cost of repairs D. holding that the total cost of repairs could be found to be a fair measure of the plaintiffs total damage E. holding where a house sold by defendant was found to fall short of the sellers promises and where it could not be repaired to the promised condition defendants liability could not be limited to the cost of repairs however if the repairs had been adequate to restore the house to its promised condition and if plaintiff had claimed additional consequential damages for example water damage to a rug from the leaky roof the limitationofremedies clause would have been effective

assistant: The best answer is A. holding that the testimonies of three qualified expert witnesses about the damages done to a house by termites and their opinions as to what the repairs would cost was some evidence that the cost of repairs was reasonable and necessary although those words were not used in their testimonies
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 execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including without limitation, the issuance of the Transaction Securities) will not: (i) conflict with or result in a violation of any provision of the Company’s Certificate of Incorporation or By-laws each as amended to date or (ii) violate or conflict with, or result in a breach of any provision of, or constitute a default (or an event which with notice or lapse of time or both could become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture, patent, patent license or instrument to which the Company or any of its Subsidiaries is a party or by which any property or asset of the Company or any of its Subsidiaries is bound or affected or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and regulations of any self-regulatory organizations to which the Company or its securities are subject) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected. Neither the Company nor any of its Subsidiaries is in violation of its Certificate of Incorporation, By-laws or other organizational documents, each as amended to date. Neither the Company nor any of its Subsidiaries is in default (and no event has occurred which with notice or lapse of time or both could put the Company or any of its Subsidiaries in default) under, and neither the Company nor any of its Subsidiaries has taken any action or failed to take any action that would give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Company or any of its Subsidiaries is a party or by which any property or assets of the Company or any of its Subsidiaries is bound or affected, or for possible defaults as would not, individually or in the aggregate, have a Material Adverse Effect. Except as required under the Securities Act, the Exchange Act and any applicable state securities laws, the Company is not required to obtain any consent, authorization or order of, or make any filing or registration with, any court, governmental agency, regulatory agency, self-regulatory organization or stock market or any third party in order for it to execute, deliver or perform any of its obligations under this Agreement or to issue and sell the Transaction Securities in accordance with the terms hereof.

assistant: No Conflicts