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: the next sequential step is to ask whether the right was clearly established.” Id. However, if the allegations taken as true do not establish a violation, “there is no- necessity for further inquiries.” Id. The United States Supreme Court has noted that “[t]he qualified immunity standard ‘gives ample room for mistaken judgments’ by protecting ‘all but the plainly incompetent or those who knowingly violate the law.’” Hunter v. Bryant, 502 U.S. 224, 229, 112 S.Ct. 534, 116 L.Ed.2d 589 (1991) (per curiam) (citation omitted). Peng alleges that Gage violated his Fourth Amendment right to be free of an unlawful seizure because Gage arrested him without probable cause. Gage arrested Peng for robbery. In California, where the arrest occurred, “robbery” is defined as (9th Cir.1989) (<HOLDING>). Second, Peng asserts that there is a material Options: A. holding that possessing property of another for the purpose of security on a debt does not give rise to probable cause to arrest B. holding that the first amendment does not by itself give rise to a cause of action for damages C. holding that failure to record an assignment does not give rise to a cause of action D. holding that a dispute regarding payment of a restaurant bill does not give rise to probable cause to arrest E. holding that arrest made with probable cause and without excessive force does not give rise to iied claim

assistant: The best answer is A. holding that possessing property of another for the purpose of security on a debt does not give rise to probable cause to arrest
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, and all actions, causes of action, or claims of any kind (whether at law, in equity, in contract, in tort, or otherwise) that may be based upon, arise out of, or relate to this Agreement, or the negotiation, execution, or performance of this Agreement (including any action, cause of action, or claim of any kind based upon, arising out of, or related to any representation or warranty made in, in connection with, or as an inducement to this Agreement) shall be governed by and construed in accordance with the Law of the State of Texas, including without limitation Texas laws relating to applicable statutes of limitation and burdens of proof and available remedies. THE PARTIES VOLUNTARILY AND IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS AND THE FEDERAL COURTS OF THE UNITED STATES OF AMERICA LOCATED IN TEXAS, OVER ANY DISPUTE BETWEEN OR AMONG THE PARTIES RELATED TO OR ARISING OUT OF THIS AGREEMENT, AND EACH PARTY IRREVOCABLY AGREES THAT ALL SUCH CLAIMS IN RESPECT OF SUCH DISPUTE SHALL BE HEARD AND DETERMINED EXCLUSIVELY IN SUCH COURTS. THE PARTIES HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS AND HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH THEY MAY NOW OR HEREAFTER HAVE TO THE VENUE OF ANY SUCH DISPUTE RELATED TO OR ARISING OUT OF THIS AGREEMENT BROUGHT IN SUCH COURT OR ANY DEFENSE OF INCONVENIENT FORUM FOR THE MAINTENANCE OF SUCH DISPUTE. EACH PARTY AGREES THAT A JUDGMENT IN ANY SUCH DISPUTE MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.

assistant: Venues
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’s or the Employee’s failure at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of this Agreement shall not be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 5.8 below, the Escrow Agent shall be indemnified and held harmless by the Company from and against any expenses, including reasonable counsel fees and disbursements, or losses suffered by the Escrow Agent in connection with any action, suit, or other proceeding involving any claim which in any way, directly or indirectly, arises out of or relates to this Agreement, the services of the Escrow Agent hereunder, or the Escrow Shares held by it hereunder, other than expenses or losses arising from the gross negligence or willful misconduct of the Escrow Agent. Promptly after the receipt by the Escrow Agent of notice of any demand or claim or the commencement of any action, suit or proceeding, the Escrow Agent shall notify the other parties hereto in writing. In the event of the receipt of such notice, the Escrow Agent, in its sole discretion, may commence an action in the nature of interpleader in an appropriate court to determine ownership or disposition of the Escrow Shares or it may deposit the Escrow Shares with the clerk of any appropriate court or it may retain the Escrow Shares pending receipt of a final, non-appealable order of a court having jurisdiction over all of the parties hereto directing to whom and under what circumstances the Escrow Shares are to be disbursed and delivered. The provisions of this Section 5.2 shall survive in the event the Escrow Agent resigns or is discharged pursuant to Sections 5.5 or 5.6 below.

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: The parties hereto agree that the Existing Pledge Agreement is hereby amended and restated in this Pledge Agreement, and this Pledge Agreement shall constitute neither a release nor novation of any lien or security interest arising under the Existing Pledge Agreement nor a refinancing of any indebtedness or obligations arising thereunder or under the Existing Credit Agreement or related documents, but rather the liens and security interests in effect under the Existing Pledge Agreement shall continue in effect on the terms hereof.

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: The parties agree that any dispute or controversy arising out of or relating to this Agreement or the interpretation thereof, shall be settled by arbitration in accordance with the rules, then in effect, of NFA or, if NFA shall refuse jurisdiction, then in accordance with the rules, then in effect, of the American Arbitration Association; provided , however , that the power of the arbitrator shall be limited to interpreting this Agreement as written and the arbitrator shall state in writing his reasons for his award, and further provided, that any such arbitration shall occur within the Borough of Manhattan in New York City. Judgment upon any award made by the arbitrator may be entered in any court of competent jurisdiction.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree not to use the products for illegal purposes ( including , without limitation , unlawful , harassing , libelous , invasion of another 's privacy , abusive , threatening or obscene purposes ) and you agree that you will comply with all laws , rules and regulations related to your use of the products .

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 parties hereto agree that (a) on the Consent Effective Date, (i) the Administrative Agent shall deliver to Plains AAP (or its designee) all possessory Collateral held by the Administrative Agent and (ii) Plains AAP (or its designee) shall be authorized, without further action of any kind on the part of the Administrative Agent, any Lender or any other secured party to prepare, file, deliver and have recorded termination statements with respect to all Uniform Commercial Code financing statements filed by or for the benefit of the Administrative Agent, any Lender or any other secured party naming Plains AAP as a debtor thereunder in connection with the financing transactions contemplated by the Credit Agreement and (b) on or after the Consent Effective Date, the Administrative Agent is authorized to, and shall, deliver, at the request of Plains AAP, PAA or their designee and at sole cost and expense of Plains AAP or PAA, as the case may be, such assignments, assumptions, releases, instruments, documents, agreements or other writings, in each case in form and substance reasonably satisfactory to Plains AAP, PAA or their designee, as the case may be, as the requesting Person may reasonably request to effectuate, evidence or reflect of public record the transactions contemplated hereby and to evidence the payment in full of the Outstanding Obligations and the termination of the Loan Documents, and the Liens created thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company will file a preliminary proxy statement within 30 days of the Effective Date, and use its commercially reasonable best efforts to obtain stockholder approval of this Agreement, the Preferred Shares, the Warrant, and the issuance of the Conversion Shares, in accordance with the requirements of NYSE MKT rules or a waiver from NYSE MKT (“ Approval ”) as soon as practicable after the Effective Date. Company, its board of directors, and each of its directors will vote all proxies given to them in favor of Approval.

assistant: Approvals
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: Effective as of the TCEH Effective Date, the sponsorship and all obligations relating to the maintenance and administration of each of the Contributed Plans are hereby transferred and assigned from EFH to OpCo, and OpCo hereby accepts such transfer and assignment. By virtue of such assignment and assumption, OpCo hereby possesses all rights, authority, and responsibility as plan sponsor, employer and a participating employer and fiduciary under each of the Contributed Plans. Effective as of the TCEH Effective Date, OpCo hereby assumes full responsibility for the liabilities, qualification, administration and compliance with all applicable legal requirements relating to each of the Contributed Plans, including without limitation the provision of all benefits due or required to be paid under the Contributed Plans (including benefits accrued or which become payable prior to the Effective Date).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: USFS’s purported failure to consider and apply that standard. Chenery probably would have been directly at issue if (1) the district court— instead of resolving the matter on exhaustion grounds — had reached the merits of the USFS’s argument that the USFS in fact properly applied the 2000 BAS standard and endorsed this view; and (2) we then subsequently affirmed on that basis. But that is not the situation here. The district court did not reach the merits. See Aplt. Opening Br. Attach, at 39 (“The Plaintiffs failed to exhaust the administrative process, and because exhaustion of the administrative process is mandatory, the Court will not address the merits of the Plaintiffs’ claims that the USFS did not apply the ‘best available science’ standard”); see also Aplt. Opening Br. at 32-33 (<HOLDING>). As noted above, we also have expressly Options: A. recognizing that the district court did not reach the merits B. holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred C. holding that the federal habeas corpus court could reach the merits of a due process claim even though there was no contemporaneous objection in state court trial where the state habeas corpus court reached the merits rather than rely on the procedural default defense D. holding that if the state court addresses both the procedural default and the merits of a federal claim in the alternative a federal court should apply the state procedural bar and decline to reach the merits of the claim E. recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court

assistant: The best answer is A. recognizing that the district court did not reach the merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you expressly acknowledge and agree that duolingo shall not be responsible or liable , directly or indirectly , for any damage or loss arising from your use of any third-party website , service , or content .

assistant: Limitation of liability
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: recognition that the plan was infested with error.... [W]henever the district court must revise one aspect of the sentencing scheme, it is permitted by Rule 35 to revise the rest.”). Following this authority, it is apparent that after the district court here discovered its clear error and decided to resen-tence under Rule 35(a), it was free to impose a different, albeit lawful and reasonable sentence on Floyd, even if it increased the punishment. While it is true that the Due Process Clause prohibits a vindictive increase in a sentence, this is not a concern in the present case, where there is no claim or evidence of vindictiveness and where the district court corrected its own clear error sua sponte. See Colten v. Kentucky, 407 U.S. 104, 116-17, 92 S.Ct. 1953, 32 L.Ed.2d 584 (1972) (<HOLDING>). For these reasons, the sentence imposed on Options: A. holding that recusal was justified if not mandated where the district judge could not bring himself to do what the law required in imposing a sentence in accordance with the sentencing guidelines B. holding that the imposition of a harsher sentence after trial than what had been offered by the state pretrial does not create a presumption of vindictiveness C. holding that likelihood of vindictiveness does not exist where the court imposing the increased sentence has not been required to do so by another court D. holding that a court of appeals may only do so when an appeal has been raised by an existing party to the case E. holding that no court has the authority to substitute a different sentence for that which is required by law

assistant: The best answer is C. holding that likelihood of vindictiveness does not exist where the court imposing the increased sentence has not been required to do so by another 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 legal provision and list the applicable contract clause categories. Provision: Termination or expiration of this Agreement shall not relieve the Parties of any liability or obligation which accrued hereunder prior to the effective date of such termination or expiration. Each Party shall be free, pursuant to ARTICLE 13, to seek, without restriction as to the number of times it may seek, damages, costs and remedies that may be available to it under Applicable Law or in equity and shall be entitled, following final resolution of a Dispute in accordance with ARTICLE 13, to offset the amount of any damages and costs awarded pursuant to a final determination under Section 13.3 against any amounts due to such other Party under this Agreement.

assistant: Remedies
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 Waiver shall not extinguish the Obligations for the payment of money outstanding under the Credit Agreement or discharge or release the Liens or priority of the Liens granted under any Credit Document or any other security therefor or any guarantee thereof, and the Liens and security interests existing immediately prior to the Effective Date in favor of the Collateral Agent for the benefit of the Secured Parties or any other Secured Party securing payment of the Obligations are in all respects continuing and in full force and effect with respect to all Obligations. Nothing herein contained shall be construed as a novation of any of the Credit Documents or a substitution or novation of the Obligations outstanding under the Credit Agreement or instruments guaranteeing or securing the same, which instruments shall remain and continue in full force and effect. Nothing expressed or implied in this Waiver or any other document contemplated hereby shall be construed as a release or other discharge of any Credit Party under the Credit Agreement or any other Credit Document from any of its obligations and liabilities thereunder, and except as expressly provided, such obligations and liabilities are in all respects continuing with only the terms being modified as provided in this Waiver.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: while we may provide pricing , shipping , listing , sourcing , and other guidance in our services , such guidance is solely informational and you may decide to follow it or not .

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: Except as otherwise expressly stated in Sections 7(b) and 7(c), if the Participant’s employment with the Company terminates for any reason prior to the end of the Performance Period, then the Participant shall not be entitled to the payment of any Award hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: argued that Ford lacked prudential standing in part because he failed to provide adequate evidence of causation. Despite this repeated challenge, Ford has not provided evidence demonstrating that he has suffered even a small loss as a result of defendants' advertising. He therefore has failed to meet his burden to "set forth by affidavit or other evidence specific facts” validating his right to standing. Lujan, 504 U.S. at 561, 112 S.Ct. 2130 (citations omitted). 2 ding that Article III standing for a Lanham Act false advertising claim is lacking where the plaintiff's injuries cannot be traced to the defendants’ challenged advertisements "but are rather the result of an independent cause”). 5 . See Johnson v. Bd. of Regents of the Univ. of Ga., 263 F.3d 1234, 1268 (11th Cir.2001) (<HOLDING>). BENAVIDES, Circuit Judge, Specially Options: A. holding that a plaintiff cannot serve as a class representative if she lacks standing to advance the classs claim B. holding that named plaintiff who did not have a viable claim against defendant could not serve as a class representative and vacating class certification accordingly C. holding that in class action the claim or defense of the representative party must be typical of the claim or defense of each member of the class D. holding that a a representative plaintiff acts as fiduciary for the others requiring the representative to act in the best interest of class E. holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint

assistant: The best answer is A. holding that a plaintiff cannot serve as a class representative if she lacks standing to advance the classs claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, VERBAL OR WRITTEN STATEMENT OR ACTION OF ANY PARTY.

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 case excerpt and choose the best holding from the options. Case excerpt: other evidentiary hearing — on diligence — that Schad’s efforts to develop the record in state court were reasonable. Maj. op. at 1043-44. I note that it does so without regard to the district court’s extensive and reasoned holding in the alternative that, even considering the newly developed information, Schad was nevertheless not entitled to an evidentiary hearing on his ineffectiveness claim. It also does so without regard to the state court’s ruling that denied Schad’s ineffectiveness claim on the merits. And it does so without reference to AEDPA, Strickland, or the double deference owed to state court adjudications under Knowles v. Mirzayance, — U.S. -, 129 S.Ct. 1411, 1420, 173 L.Ed.2d 251 (2009). See Schriro v. Landrigan, 550 U.S. 465, 474, 127 S.Ct. 1933, 167 L.Ed.2d 836 (2007) (<HOLDING>). In my view, it is inappropriate to order an Options: A. holding that there is no need for an evidentiary hearing when the petitioners habeas submissions demonstrate that the petitioner is conclusively entitled to relief in such circumstances an evidentiary hearing would be a waste of judicial resources B. holding that a court considering a request for an evidentiary hearing must take into account the deferential standards of 2254d and a hearing is not required if the record refutes the applicants factual allegations or otherwise precludes habeas relief C. holding that an evidentiary hearing is not required if there are no factual issues in dispute D. holding that an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue E. holding that under preaedpa law a habeas petitioner is entitled to an evidentiary hearing so long as his allegations if true and if not contravened by the existing factual record would entitle him to habeas relief

assistant: The best answer is B. holding that a court considering a request for an evidentiary hearing must take into account the deferential standards of 2254d and a hearing is not required if the record refutes the applicants factual allegations or otherwise precludes habeas relief
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: Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned, in whole or in part, by either party without the prior written consent of the other party. Any purported assignment without such prior written consent shall be null and void and of no effect. Subject to the preceding sentences, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors (including, in the case of the Company, any successor publicly traded Person resulting from a reorganization of the Company) and assigns. This Agreement shall not confer any rights or remedies upon any Person other than the parties to this Agreement and their respective successors and permitted assigns.

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: The Borrower shall not, and shall not permit any of its Consolidated Subsidiaries to own or create directly or indirectly any Subsidiaries other than (i) Consolidated Subsidiaries; (ii) Project Mining Subsidiaries, and (iii) Joint Ventures permitted under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the revivor of an action is a statute of limitation, rather than a statute relating to pleading, practice, or procedure”). Moreover, the revival statute “has always been strictly construed.” Daniel, 445 S.W.2d at 701. “[T]he period set forth in the statute is mandatory and not subject to enlargement.” Hammons, 887 S.W.2d at 338. However, this alone does not felly answer whether the stay provision of the Kentucky Insurance Guaranty Association Act can have any effect on the revival limitation period, which is an issue of first impression in Kentucky. This Court’s review of foreign cases applying analogous provisions has revealed only two states to have addressed the issue, and there is a split of opinion between them. Compare White v. Haydel, 593 So.2d 421, 422 (La.Ct.App.1991) (<HOLDING>), with Skrbic v. QCRC Assoc. Corp., 761 So.2d Options: A. holding that it was an abuse of discretion to deny stay while matter was pending in neighboring state B. holding that insurance guarantee association stay statute did not suspend limitation period because action was not pending when stay was entered C. holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay D. holding that a federal action to enforce the stay put provision is not itself a pending proceeding under 1415 that triggers stay put E. holding dismissal is not precluded by bankruptcy stay

assistant: The best answer is B. holding that insurance guarantee association stay statute did not suspend limitation period because action was not pending when stay was entered
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: Defendant’s Employee Assistance Programs, and Defendant’s leave of absence programs. Alejandro Depo., Exhs. Vol. I; Alejandro Depo., Vol. I Part 2, at 160:9-12. Plaintiff did not take advantage of any of these programs. Alejandro Depo., Vol. I Part 2, at 160:9-12, 167:21-168:4, 201:7-10. Furthermore, at no point did Plaintiff give McCale any indication that the accommodations offered by Defendant would not be sufficient, nor that Plaintiff could not provide notification to McCale by 9 a.m. any day Plaintiff would be absent. Alejandro Decl. ¶ 25; Alejandro Depo., Vol. I Part 2 at 184:1-6, 189:4-14, 190:9-13. The FEHA does not hold Defendant responsible for Plaintiffs failure to communicate essential information to Defendant, Nadaf-Rahrov, 166 Cal.App.4th at 984-85, 83 Cal.Rptr.3d 190 (<HOLDING>).' Therefore, the undisputed evidence shows Options: A. holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation B. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation C. holding that in light of the defendants failure to engage in the interactive process liability would be appropriate if reasonable accommodation would otherwise have been possible D. holding that the interactive process requires both sides to communicate directly and exchange essential information such that the employer may be liable only if the employer is responsible for the breakdown of the interactive process E. holding that if the employer requests reasonable medical evidence to support an employees claim of changed condition the employer is under no obligation to engage in further interactive processes if the employee fails to submit such evidence

assistant: The best answer is D. holding that the interactive process requires both sides to communicate directly and exchange essential information such that the employer may be liable only if the employer is responsible for the breakdown of the interactive process
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: 11.4 if you are a guest or a co-host , you understand and agree that airbnb may make a claim under your homeowner 's , renter 's or other insurance policy related to any damage or loss that you may have caused , or been responsible for , to an accommodation or any personal or other property located at an accommodation ( including without limitation amounts paid by airbnb under the airbnb host guarantee ) .

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: To begin, we address the shortcomings of the AU’s opinion — analysis that was expressly adopted by the Board. As noted earlier, the AU himself invoked the Otis II “turns upon” standard to dispose of the present case. And yet at a most basic level, the AU’s opinion reflects inadequate attention to the critical inquiry posed by this aspect of the Otis II approach. In the past, the Board has generally applied the “turns upon” test by ascertaining the basis upon which the relevant decisionmakers arrived at their decision. In Otis II itself, the plurality focused on Otis’ decision, “[gjood or bad,” grounded in the company’s belief that its technology was dated, its product was not competitive, etc. 269 N.L.R.B. at 892 & n. 3. See also Connecticut Color, Inc., 288 N.L.R.B. No. 81, 3 (1988) (<HOLDING>); Metropolitan Teletronics Corp., 279 N.L.R.B. Options: A. holding that a transfer of work was a mandatory subject of bargaining because the motivation for the shift was to cut labor costs B. holding that a fiveminute change in employee starting time is a mandatory subject of bargaining C. holding that the number of rooms that housekeepers must clean is a mandatory subject of bargaining D. holding that the statute is mandatory E. holding that giving the work of a bargainingunit sergeant to civilians in the revamping of communications center was a mandatory subject of bargaining

assistant: The best answer is A. holding that a transfer of work was a mandatory subject of bargaining because the motivation for the shift was to cut labor costs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Keep all property useful and necessary in its business in reasonably good working order and condition, except to the extent that failure to comply therewith would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower Parties consent to any member of the Lender Group’s issuance of press releases and preparation and distribution of other marketing materials regarding the Commitment hereunder and the making of the Loan pursuant to the terms of this Agreement and the disclosure of such information in such member’s sole discretion, subject to Section 10.16 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made hereunder and in any other Credit Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any Credit Extension, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 183 F.R.D. 404, 414-15, n. 14 (D.N.J.1998), the defendants do have standing to object to the form of the notice published by the plaintiff after filing the complaint. See In re Lucent, 194 F.R.D. at 148; see also Wenderhold v. Cylink Corp., 188 F.R.D. 577, 580 (N.D.Cal.1999) (noting that "excluding defendants from the discussion of what notice is adequate would not serve to bring to light the range of considerations the court should have in view when deciding upon notice.”). Since the Court addresses only the adequacy of the published notice in this Opinion, the Court will consider the objections to that notice raised by the defendants. 3 . See, e.g., Shapiro v. UJB Financial Corp., 964 F.2d 272, 286 (3d Cir.), cert. denied, 506 U.S. 934, 113 S.Ct. 365, 121 L.Ed.2d 278 (1992) (<HOLDING>); see also Joseph v. Q.T. Wiles, 223 F.3d 1155, Options: A. holding that plaintiff failed to prove reasonable reliance on a false statement B. holding that to maintain action under 11 of the securities act plaintiff must allege purchase of shares traceable to the allegedly false ot misleading registration statement C. holding that as to each predicate act the plaintiff must allege the time place and contents of the misrepresentations D. holding that employees could be required under mandatory securities registration form to arbitrate claims brought under adea E. holding that for a section 10b violation the sec must prove that the defendant in connection with the purchase or sale of securities made a materially false statement or omitted a material fact with scienter and that the plaintiffs reliance on the defendants action caused injury to the plaintiff

assistant: The best answer is B. holding that to maintain action under 11 of the securities act plaintiff must allege purchase of shares traceable to the allegedly false ot misleading registration statement
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: Circuit precedent recognizing the right, Adler v. Pataki, was decided in July 1999, and even in that case the court acknowledged that “[t]he nature and extent [of the right to intimate association] is hardly clear....” 185 F.3d at 41-42. Moreover, Adler recognized the right to intimate association between spouses, and it was not until May 2000 that the Eastern District of New York extended the right to encompass the parent-child relationship, see Sutton, 96 F.Supp.2d at 193, let alone the parent-child-in-law relationship recognized here. As such, the right to relief at issue was not clearly established at the time the individual defendants acted, and thus they are immune from suit with respect to the Mor-iarity plaintiffs. See Jenkins v. Tyler, 167 F.Supp.2d 652, 656 (S.D.N.Y.2001) (<HOLDING>). c. Collateral Estoppel Defendants argue that Options: A. holding that an individual defendant was immune from suit based on a right to intimate association between mother and son that was allegedly violated by acts occurring in the year 2000 B. holding state immune from suit brought by its own citizens C. holding that an individual is immune from antitrust liability for exercising first amendment right to petition the government D. holding state immune from suit involving a federal question E. holding state immune from suit brought in state court

assistant: The best answer is A. holding that an individual defendant was immune from suit based on a right to intimate association between mother and son that was allegedly violated by acts occurring in the year 2000
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: Steiner. Indeed, much of the evidence which purports to describe anthroposophy is more akin to the “New Age” movement discussed in Alvarado, 94 F.3d at 1230, which imposed “no moral or behavioral obligations; no comprehensive creed; no particular text, rituals or guide lines ... no requirement or suggestion that anyone give up the religious beliefs he or she already holds.” 4. Formal and External Religious Signs Plaintiff likewise did not establish that anthroposophy has formal and external signs, of any kind. Specifically, plaintiff did not offer any evidence that anthroposophy has formal services, ceremonial functions, clergy, observed holidays, or any other formal and external signs associated with traditional religions. Alvarado, 94 F.3d at 1229 (citing Africa, 662 F.2d at 1035-36) (<HOLDING>). Plaintiffs reliance on the organization and Options: A. holding that a corporation that purchased certain technology and support services through a services and licensing agreement was not protected by the njcfa because the technology and services were not 1 available to the public in large quantities or mass produced and 2 had no similarity to the comprehensive definitions of goods and services promulgated by the nj division of consumer affairs under the njcfa B. recognizing a traditional distinction between the public and governmental acts of sovereign states on the one hand and their private and commercial acts on the other C. holding that lawful detention under rule 31 does not curtail a persons freedom of action to a degree associated with a formal arrest such that a miranda warning is required D. holding that fifth amendment custody is a restraint on freedom of movement of the degree associated with a formal arrest E. recognizing that a religion can often be recognized by the presence of certain formal and external signs including formal services ceremonial functions the existence of clergy structure and organization efforts at propagation observance of holidays and other similar manifestations associated with the traditional religions

assistant: The best answer is E. recognizing that a religion can often be recognized by the presence of certain formal and external signs including formal services ceremonial functions the existence of clergy structure and organization efforts at propagation observance of holidays and other similar manifestations associated with the traditional religions
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 terms of this Agreement may be waived, altered or amended only by an instrument in writing duly executed by each Grantor and the Secured Party. Any such amendment or waiver shall be binding upon the Secured Party and each Grantor and their respective successors and assigns.

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: Mexico, petition pro se for review of an order of the Board of Immigration Appeals (“BIA”) denying their motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the BIA’s denial of a motion to reopen. Najmabadi v. Holder, 597 F.3d 983, 986 (9th Cir.2010). We deny in part and dismiss in part the petition for review. The BIA did not abuse its discretion by denying petitioners’ motion to reopen as untimely, where petitioners filed their motion to reopen nearly one year after issuance of the final order of removal, see 8 U.S.C. § 1229a(e)(7)(C)(i), and failed to demonstrate changed conditions in Mexico material to their claim to asylum such as would warrant an exception to the filing deadline, see Najmabadi, 597 F.3d at 986 (<HOLDING>). Petitioners have waived any challenge to the Options: A. holding new trial cannot be based on claim of prejudice arising from jurys reliance on evidence admitted without objection B. holding physical conditions justify tolling when those conditions impair cognitive function or the ability to communicate C. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment D. holding that a nonmoving party cannot defeat a motion for summary judgment by relying on conclusory statements E. holding that a petitioner cannot reopen based on changed country conditions by relying on evidence that simply recounts generalized country conditions without demonstrating that his or her predicament is appreciably different from the dangers faced by fellow citizens

assistant: The best answer is E. holding that a petitioner cannot reopen based on changed country conditions by relying on evidence that simply recounts generalized country conditions without demonstrating that his or her predicament is appreciably different from the dangers faced by fellow citizens
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by 9:30 a.m. (New York City time) on the trading day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the transaction documents as exhibits thereto, with the Commission within the time required by the Securities Exchange Act of 1934, as amended .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: made these statements with reckless disregard for the truth.” Whether an accused established by a preponderance of the evidence that the affidavit was deliberately false or made with reckless disregard for the truth are questions of fact for the military judge to resolve; thus, a military judge’s findings on this issue “are binding unless they are clearly erroneous.” United States v. Allen, 53 M.J. 402, 408 (C.A.A.F.2000). To prove reckless disregard for the truth under Franks, the accused “must prove that the affiant ‘in fact entertained serious doubts as to the truth’ of the allegations.” United States v. Ranney, 298 F.3d 74, 78 (1st Cir. 2002) (quoting United States v. Williams, 737 F.2d 594, 602 (7th Cir.1984)) (agreeing with United States v. Davis, 617 F.2d 677, 694 (D.C.Cir.1979) (<HOLDING>)). There is no evidence that Det. Krause Options: A. holding that in the absence of a statutory definition a term should be accorded its ordinary meaning B. holding that where the first amendment does not protect a certain activity there can be no first amendment right of association to engage in that activity C. holding that where the definition of lottery is expressly limited to 18 usc 1307b the definition cannot be applied to a related civil statute D. holding that the first amendment definition should be applied by analogy in the franks setting E. holding that the exclusions should be applied

assistant: The best answer is D. holding that the first amendment definition should be applied by analogy in the franks setting