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: (1991) (internal quotation marks and citation omitted). “Indian tribes have long been recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers.” Santa Clara Pueblo v. Martinez, 436 U.S. 49, 58, 98 S.Ct. 1670, 56 L.Ed.2d 106 (1978). A tribe can waive its own immunity by expressing such a waiver. Kiowa Tribe of Okla. v. Mfg. Techs., Inc., 523 U.S. 751, 754, 118 S.Ct. 1700, 140 L.Ed.2d 981 (1998). Without an unequivocal and express waiver of sovereign immunity or congressional authorization, tribal entities are immune from suit. Id. at 757, 118 S.Ct. 1700. {6} Other entities under tribal control are extended the same sovereign immunity as the tribe itself. Parker Drilling Co. v. Metlakatla Indian Cmty., 451 F.Supp. 1127, 1131 (D.Alaska 1978) (<HOLDING>). Defendant in this ease is an entity that Options: A. holding that tribes wholly owned commercial business enjoyed sovereign immunity B. holding that the sovereign immunity afforded to tribes extends to their governmental organizations and business entities C. holding that blackfeet tribes sovereign immunity extends to blackfeet housing authority D. holding that the legislature has in clear and unambiguous language waived sovereign immunity against elected public officials and governmental entities defined by the act to be employers E. recognizing that tribal sovereign immunity extends to agencies and subdivisions of the tribe

assistant: The best answer is B. holding that the sovereign immunity afforded to tribes extends to their governmental organizations and business entities
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 life or use of property in such area of the State as is affected thereby. Complying with any of the other sections of these rules and regulations or any subdivisions thereof, shall in no way exempt a person from this provision. Ga.Comp.R. & Regs. R. 391-3-l-.02(2)(a)(l) (1992). This “standard” contained in defendant’s earlier permits is a subjective one. Count IV of plaintiffs’ complaint alleges common law nuisance and is not addressed by defendant’s motion. Citizens cannot sue for alleged violations of a non-objective standard such as the one cited above, even where such a standard is incorporated into a permit. See Northwest Envtl. Advocates v. City of Portland, 11 F.3d 900 (9th Cir.1993); Atlantic States Legal Foundation, Inc. v. Eastman Kodak Co., 12 F.3d 353 (2nd Cir.1993) (<HOLDING>). The Clean Air Act sets overall National Options: A. holding that there was no provision in the cwa authorizing a citizen suit where plaintiffs failed to allege violations of specific effluent limitations or standards contained in defendants permit B. holding that the court had jurisdiction to hear the suit under the citizen suit provision of the caa C. holding that the plaintiffs reply to the defendants motion to dismiss which did not allege a specific date of discovery was still sufficient to establish a potential defense to the statute of limitations D. holding that statute authorizing citizen suits against those alleged to be in violation of the clean water act cwa conferred no jurisdiction over cases based on wholly past violations E. holding citizen suit jurisdiction exists to enforce permit conditions based on stateestablished standards

assistant: The best answer is A. holding that there was no provision in the cwa authorizing a citizen suit where plaintiffs failed to allege violations of specific effluent limitations or standards contained in defendants permit
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: in connection with content you upload , publish , or submit to any part of the service , you affirm , represent , and warrant that you own or have all necessary intellectual property rights , licenses , consents , and permissions to use and authorize linden lab and users of the service to use the content in the manner contemplated by the service and 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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, all Claims must be submitted to arbitration (“ Arbitration ”) to be conducted exclusively in Salt Lake County or Utah County, Utah and pursuant to the terms set forth in these Arbitration Provisions. The parties agree that the award of the arbitrator (the “ Arbitration Award ”) shall be final and binding upon the parties (subject to the appear right set forth in Section 4 below); shall be the sole and exclusive remedy between them regarding any Claims, counterclaims, issues, or accountings presented or pleaded to the arbitrator; and shall promptly be payable in United States dollars free of any tax, deduction or offset (with respect to monetary awards). Any costs or fees, including without limitation attorneys’ fees, incident to enforcing the arbitrator’s award shall, to the maximum extent permitted by law, be charged against the party resisting such enforcement. The award shall include Default Interest (as defined in the Note) both before and after the award. Judgment upon the award of the arbitrator will be entered and enforced by a state court sitting in Salt Lake County, Utah. The parties hereby incorporate herein the provisions and procedures set forth in the Utah Uniform Arbitration Act, U.C.A. § 78B-11-101 et seq. (as amended or superseded from time to time, the “ Arbitration Act ”). Pursuant to Section 105 of the Arbitration Act, in the event of conflict between the terms of these Arbitration Provisions and the provisions of the Arbitration Act, the terms of these Arbitration Provisions shall control.

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 case excerpt and choose the best holding from the options. Case excerpt: investment strategy (Ex. 96) and involved most of the money invested in the transaction (i.e., $2.9 million (2012 WL 129801, *4)); (iii) did not analyze the transaction’s economics; (iv) did not ask his financial advisors to analyze the transaction’s economics or otherwise evaluate the transaction; (v) decided to participate in the transaction based on two one-hour discussions with his tax advisor; and (vi) did not monitor the transaction. Appellee Br. 37 (citation omitted). KPMG’s engagement letter explicitly warned Mr. Blum that he needed a “reasonable expectation” of profit if OPIS was to withstand IRS scrutiny, and that he ought to “seek independent advice concerning the investment aspects of the proposed transactions.” Ex. 12; ef. Sacks v. Comm’r, 82 F.3d 918, 920 (9th Cir.1996) (<HOLDING>). Mr. Blum did not seek independent advice, and Options: A. holding that an officer was not entitled to qualified immunity from suit when a minimal further investigation would have exonerated the suspect B. holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights C. holding that under oklahoma law a bad faith claim premised on inadequate investigation must be supported by a showing that material facts were overlooked or that a more thorough investigation would have produced relevant information D. holding that the requested materials a copy of a report or anything put on record regarding the commissions investigation into a tree stand that was allegedly too close to a house fell within noncriminal investigation exemption E. holding that where promotional materials provided warnings that would have warranted further investigation by a prudent investor failure to do so was unreasonable

assistant: The best answer is E. holding that where promotional materials provided warnings that would have warranted further investigation by a prudent investor failure to do so was unreasonable
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 the Registration Rights Agreement supersede all other prior oral or written agreements between the Buyer, the Company, their affiliates and persons acting on their behalf with respect to the matters discussed herein, and this Agreement, the other Transaction Documents and the instruments referenced herein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor the Buyer makes any representation, warranty, covenant or undertaking with respect to such matters. Each of the Company and the Buyer acknowledge and agree that it has not relied on, in any manner whatsoever, any representations or statements, written or oral, other than as expressly set forth in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: along that route. Moreover, Deputy Ancell conceded that he did not know if Berry in fact had traveled to Kansas City that day. Not only was the additional work lacking, the investigative work performed by the police was not sufficient to corroborate an anonymous tip under the dictates of State v. Miller, supra. They merely corroborated the description of Berry’s car, the license plate, and a probable route at a particular time of day, which is insufficient to rise to the level of reasonable suspicion. Moreover, simply because Berry had a previous drug conviction, and Deputy An-cell testified that he had some unelaborat-ed “intelligence” on Berry, these facts do not corroborate that he was engaged in current drug activity. See, Commonwealth v. Wimbush, 561 Pa. 368, 750 A.2d 807 (2000)(<HOLDING>). In the absence of sufficient corroboration, Options: A. holding that defendants suspect activity in the trunk and passenger compartment of his car immediately after he engaged in an apparent drug sale established probable cause to search the vehicle for drugs and drug money B. holding warrants check on passenger before officer inquired as to registered owner of suspected stolen car was unreasonable because officer had not formed reasonable articulable suspicion that defendant was engaged in any criminal activity C. holding that a plaintiffs retaliation claim is cognizable even in the absence of protected activity as long as his employer perceived him to be engaged in such activity D. holding an anonymous tip insufficient to support reasonable suspicion based on the fact that defendant was suspected of drug activity in his community failed to corroborate he currently was engaged in drug related activity and surveillance failed to uncover any independent information that defendant was engaged in any criminal activity E. holding that defendant need not establish that he was not engaged in unlawful activity under section 776012

assistant: The best answer is D. holding an anonymous tip insufficient to support reasonable suspicion based on the fact that defendant was suspected of drug activity in his community failed to corroborate he currently was engaged in drug related activity and surveillance failed to uncover any independent information that defendant was engaged in any criminal activity
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 Joint Venture shall continue in existence until terminated pursuant to Article 11 hereof. Except as provided in Article 10 or Article 11 hereof, neither Member shall withdraw from the Joint Venture for any reason, without obtaining the prior written consent of the other Member.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than consummating the transactions contemplated hereunder, such Purchaser has not directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty against, or a prohibition of, any actions with respect to the borrowing of, arrangement to borrow, identification of the availability of, and/or securing of, securities of the Company in order for such Purchaser (or its broker or other financial representative) to effect Short Sales or similar transactions in the future.

assistant: Confidentiality
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 Executive’s employment shall commence on the Effective Date and shall continue for a period of one (1) year (the “ Initial Term ”) unless earlier terminated pursuant to Section 11. This Agreement will be automatically renewed for successive additional one (1) year terms (each such term referred to as a “ Subsequent Term ,” and together with the Initial Term, the “ Term ”), unless earlier terminated pursuant to Section 11 or either party gives the other written notice of termination of the Agreement at least sixty (60) days before the expiration date (a “ Non-Renewal Notice ”). The restrictions in Sections 12 and 13 of this Agreement that apply after employment ends, and the provisions of Sections 8 and 18, shall survive the expiration of the Term and the termination of Executive’s employment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: are engaged in a conspiracy and are making illegal arrests of people who go to adult book stores (against freedom of movement), people who buy and sell erotic material (censorship), people who have sex with any one younger than eighteen (freedom of choice), etc, etc, etc.” Finally, the newsletter concludes, “the Constitution and the First Amendment to the Constitution guarantee your freedom and you are going to have to fight the government to maintain these rights.” When Government officials acting in their official capacity make affirmative misrepresentations about the legality of conduct, these misrepresentations may provide a bar to prosecutions against persons who reasonably relied upon such representations. See Cox v. Louisiana, 379 U.S. 536, 85 S.Ct. 453, 13 L.Ed.2d 471 (1965) (<HOLDING>); see also W. La Fave & A. Scott, Criminal Law Options: A. holding that uncounseled conviction could not be considered by court in sentencing defendant after subsequent conviction B. holding that alleged misconduct by public officials particularly by law enforcement officials is matter of public concern C. holding in an employees action to recover for injury sustained during work against the employer and other defendants did not state an intentional tort claim against contractor D. holding that there is no constitutional right for a represented defendant to act as cocounsel E. holding conviction for demonstrating near a courthouse could not be sustained against defendant who demonstrated in an area that public officials had represented as being appropriate for demonstrating

assistant: The best answer is E. holding conviction for demonstrating near a courthouse could not be sustained against defendant who demonstrated in an area that public officials had represented as being appropriate for demonstrating
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is no evidence that the district court failed to take into account Diana Buchanan’s "tragic circumstances.” The presentence report develops these factors, and the district court recognized that Diana Buchanan had travelled a "rocky road.” Nevertheles L.Ed.2d 586 (1992). 10 . John Buchanan argues that the punishment disparity between crack and powder cocaine constitutes racial discrimination in violation of his Fifth Amendment right to equal protection, and constitutes cruel and unusual punishment in violation of the Eighth Amendment. John Buchanan also argues that the guideline applicable to crack cocaine is unconstitutionally vague. We have consistently rejected these arguments and do so again. See supra note 9; see also United States v. Cherry, 50 F.3d 338, 342-44 (5th Cir.1995) (<HOLDING>); United States v. Fisher, 22 F.3d 574, 579-80 Options: A. holding that no unconstitutional infirmity exists in the sentencing guidelines treatment of crack visavis powder cocaine B. holding proof of racially discriminatory intent or purpose required to show equal protection violation C. holding that 707b does not violate the equal protection guarantees of the fourteenth and fifth amendments of the united states constitution and rejecting debtors voidforvagueness argument D. holding that racially discriminatory use of peremptory challenges violates the equal protection clause of the fourteenth amendment E. holding that the sentencing guidelines disparate treatment of crack cocaine is not racially discriminatory under the fifth amendments equal protection guarantees

assistant: The best answer is E. holding that the sentencing guidelines disparate treatment of crack cocaine is not racially discriminatory under the fifth amendments equal protection guarantees
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 you do not wish your subscription to renew automatically , or if you want to change or terminate your subscription , you will need to log in to your duolingo account and follow instructions to terminate or change your subscription , even if you have deleted your account .

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: payment amounts that Durham must follow in connection with the court-ordered restitution. The essence of this claim is that decisions such as the amount and timing of IFRP payments constitute core judicial functions under Article III, and therefore a district court cannot delegate those functions without violating separation of powers. The IFRP, set forth in 28 C.F.R. §§ 545.10 and 545.11, requires participating inmates to commit a percentage of their prison employment earnings toward the payment of court-ordered restitution. Its constitutionality has been considered and upheld by other circuits. See McGhee v. Clark, 166 F.3d 884, 886 (7th Cir.1999) (noting that the IFRP “has been uniformly upheld against constitutional attack”); Dorman v. Thornburgh, 955 F.2d 57, 58-59 (D.C.Cir.1992) (<HOLDING>); Johnpoll v. Thornburgh, 898 F.2d 849, 851 (2d Options: A. holding ifrp does not deprive inmates of constitutional rights to due process B. holding that doctrine does not violate due process C. holding errors based on the constitutional rights to confrontation and due process may be waived by failure to object at trial D. holding inmates in segregation unit without charges being filed against them and without informing them of reasons for such confinement violated inmates due process rights E. holding bop did not exceed its authority in establishing ifrp and that the program does not violate due process

assistant: The best answer is A. holding ifrp does not deprive inmates of constitutional rights to due 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 case excerpt and choose the best holding from the options. Case excerpt: Cf. City of Midwest City v. House of Realty, Inc., 198 P.3d 886, 891 n. 6 (Okla.2008) (“All public bodies shall give notice in writing by December 15 of each calendar year of the schedule showing the date, time and place of the regularly scheduled meetings of such public bodies for the following calendar year____In addition ..., all public bodies shall, at least twenty-four (24) hours prior to such meetings, display public notice of said meeting, setting forth thereon the date, time, place and agenda for said meeting ...; provided, however, the posting of an agenda shall not preclude a public body from considering at its regularly scheduled meeting any new business.” (quoting Okla. Stat. tit. 25, § 311 (2001)); cf. Grapski v. City of Alachua, 31 So.3d 193, 199 (Fla.Dist.Ct.App.2010) (<HOLDING>)) Nor is there any restriction contained in Options: A. holding that the removal of a public speaker by the mayor at a city commission meeting was not a first amendment violation and thus permissible because to deny the presiding officer the authority to regulate irrelevant debate and disruptive behavior at a public meeting would cause such meetings to drag on interminably and deny others the opportunity to voice their opinions B. holding texas open meeting act prohibiting governmental body from conducting closed meetings during which public business or public policy over which the governmental body has supervision or control is discussed to be contentneutral because closed meetings 1 prevent transparency 2 encourage fraud and corruption and 3 foster mistrust in government C. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice D. holding while florida courts have recognized that notice of public meetings is mandatory the preparation of an agenda that reflects every issue that may come up at a properly noticed meeting is not and notice need not be given of every potential deviation from a previously announced agenda the public has the right to attend open meetings but no authority to interfere with the decisionmaking process E. holding that public meetings held after implementation of final remedial action were not meaningful and that the only public meetings held before remedial action were not meaningful because they did not discuss selection of remedy

assistant: The best answer is D. holding while florida courts have recognized that notice of public meetings is mandatory the preparation of an agenda that reflects every issue that may come up at a properly noticed meeting is not and notice need not be given of every potential deviation from a previously announced agenda the public has the right to attend open meetings but no authority to interfere with the decisionmaking 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 case excerpt and choose the best holding from the options. Case excerpt: (“It is clear that Congress intended the FMLA to cover illnesses lasting more than a few days.”). Consistent with the legislative history, the regulations provide that “[a] period of incapacity of more than three consecutive calendar days” may qualify as a serious health condition, depending on the other factors present. 29 C.F.R. § 825.114(a)(2)(i) (1996) (emphasis added). Because the terms “serious health condition” and “continuing treatment” are ambiguous, the court must limit its inquiry to “whether the agency’s answer is based upon a permissible construction of the statute.” Chevron USA, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843, 104 S.Ct. 2778, 2781-82, 81 L.Ed.2d 694 (1984). “Administrative regulations promulgated in response to expre 28 (M.D.Tenn.1995) (<HOLDING>). As is clear from the legislative history and Options: A. holding that when the plaintiffs child was examined only once by a physician and was not required to be absent from day care for more than three days he had no serious medical condition within the meaning of the fmla B. holding that statute of limitations barred title vii claim where the plaintiff would have been aware of discrimination more than 300 days before eeoc charge filed C. holding that a plaintiff who was unable to return to work before his fmla leave expired did not allege any denial of an fmla right but noting that ragsdale left open the possibility that employees could recover for notice violations on a casebycase basis if there was actual harm resulting from the violations D. holding that proof of incapacitation for more than three days was required before plaintiff could qualify for fmla protection E. holding that more than notice to a defendant is required

assistant: The best answer is D. holding that proof of incapacitation for more than three days was required before plaintiff could qualify for fmla protection
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 judicial proceedings brought against the Borrowers with respect to this Agreement may be brought in any state or federal court of competent jurisdiction in the State of New York, and, by execution and delivery of this Agreement, the Borrowers accept, for themselves and in connection with their properties, generally and unconditionally, the non-exclusive jurisdiction of the aforesaid courts and irrevocably agree to be bound by any final judgment rendered thereby in connection with this Agreement from which no appeal has been taken or is available. The Borrowers irrevocably agree that all process in any such proceedings in any such court may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to them at their addresses set forth in subsection 10.2 or at such other address of which the Administrative Agent shall have been notified pursuant thereto, such service being hereby acknowledged by the Borrowers to be effective and binding service in every respect. Each of the Borrowers, the Agents and the Banks irrevocably waives any objection, including without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens which it may now or hereafter have to the bringing of any such action or proceeding in any such jurisdiction. Nothing herein shall affect the right to serve process in any other manner permitted by law or shall limit the right of any Agent or any Bank to bring proceedings against the Borrowers in the courts of any other jurisdiction. JD Luxembourg irrevocably appoints the Company as its agent to receive process with respect to this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Holdings shall have paid, or will substantially simultaneously with the initial borrowing of Loans hereunder pay, all fees and reasonable expenses (including, without limitation, legal fees and expenses) of the Administrative Agent and the Lenders as and to the extent (a) required to be paid by Holdings and (b) invoiced to Holdings at least two (2) business days prior to the Effective Date.

assistant: Fees
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: 344 U.S. 590, 596, 73 S.Ct. 472, 97 L.Ed. 576 (1953). For instance, an LPR who left the United States briefly to undertake illegal activity abroad, such as alien smuggling, would clearly be included in the 1225(b) subclass; under 8 U.S.C. § 1101(a)(13)(C)(iii), he would be treated as an alien seeking admission on account of having “engaged in illegal activity after having departed the United States.” See United States v. Tsai, 282 F.3d 690, 696 & n. 5 (9th Cir.2002). But in Landon v. Plasencia, 459 U.S. 21, 103 S.Ct. 321, 74 L.Ed.2d 21 (1982), the Supreme Court specifically held that an LPR arrested for alien smuggling upon return from a brief trip abroad is entitled to due process protection, specifically because Mezei is inapplicable in such a scenario. See id. at 34, 103 S.Ct. 321 (<HOLDING>). As such, it is clear that the 1225(b) Options: A. holding that plaintiff state employees contract right to be discharged only for cause was not protected by due process clause because it did not rise to level of fundamental right B. holding that the defendant failed to preserve a due process objection to a sentencing policy because sjimply saying that something is unfair does not suggest that it violates due process C. holding that there is no due process right to appellate review D. holding that adjustment of status was permitted even if deportable alien had entered the country as a lawful permanent resident E. holding that mezei did not suggest that no returning resident alien has a right to due process and that it does not govern this case for plasencia was absent from the country only a few days

assistant: The best answer is E. holding that mezei did not suggest that no returning resident alien has a right to due process and that it does not govern this case for plasencia was absent from the country only a few days
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: the notice must ( x ) describe the nature and basis of the claim or dispute ; and ( y ) set forth the specific relief sought ; and ( z ) set forth your name , address and contact information .

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: LMI will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted, and (b) maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations. LMI will furnish to the Administrative Agent, upon its request, information in reasonable detail as to the insurance so maintained. LMI shall promptly deliver to the Administrative Agent endorsements (x) to all property insurance policies covering Collateral naming the Administrative Agent as lender loss payee, and (y) to all general liability and umbrella liability policies naming the Administrative Agent an additional insured, which endorsements shall be in effect at all times ( provided that certain insurance endorsements may be delivered after the Effective Date in accordance with the Post-Closing Letter). In the event LMI or any Subsidiary at any time hereafter shall fail to obtain or maintain any of the policies or insurance required herein or to pay any premium in whole or in part relating thereto, then the Administrative Agent, without waiving or releasing any obligations or resulting Default hereunder, may at any time or times thereafter (but shall be under no obligation to do so) obtain and maintain such policies of insurance and pay such premiums and take any other action with respect thereto which the Administrative Agent reasonably deems advisable. All sums so disbursed by the Administrative Agent shall constitute part of the Obligations, payable as provided in this Agreement. LMI will furnish to the Administrative Agent prompt written notice of any casualty or other insured damage to any material portion of the Collateral or the commencement of any action or proceeding for the taking of any material portion of the Collateral or interest therein under power of eminent domain or by condemnation or similar proceeding.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: property of the estate and whether they are exempt, the Court will not be able to determine whether any plan filed by Judy Jack is feasible and capable of confirmation. Additionally, Violet Jack’s involvement in this case is based upon her asserted child support lien which she asserts is superior to any interest that Judy Jack’s estate may have in the remaining payments; therefore, this is a core proceeding under 28 U.S.C. § 158(b)(2)(E). Finally, venue is proper pursuant to 28 U.S.C. § 1409(a). B. Samuel Jack’s Capacity to Contract A person does not possess the mental capacity to enter into a contract if he lacks sufficient mind and memory to understand the nature and consequences of the act and the business being transacted. Mandell & Wright v. Thomas, 441 5.W.2d 841, 845 (Tex.1969) (<HOLDING>) (citing Missouri Pacific Ry. Co. v. Brazil, 72 Options: A. holding that the district court did not err in failing to address the defendant personally to determine whether she understood the rights she was waiving by admitting that she violated the conditions of her probation B. holding that a party has mental capacity if she appreciated the effect of what she was doing and understood the nature and consequences of her acts and the business she was transacting C. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired D. holding that the plaintiff made out a prima facie case of age discrimination based upon a showing that she was a member of the protected group she was qualified and capable of doing her job she was discharged and that her manager called her old woman thus evincing agebased animus sufficient to demonstrate discriminatory intent E. holding appellant produced no evidence that when she made her complaints to management she ever mentioned that she felt she was being treated unfairly due to her race or sex

assistant: The best answer is B. holding that a party has mental capacity if she appreciated the effect of what she was doing and understood the nature and consequences of her acts and the business she was transacting
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 fair saleable value of Borrower’s assets exceeds and will, immediately following the funding of the Loan, exceed Borrower’s total liabilities, including subordinated, unliquidated, disputed and contingent liabilities. The fair saleable value of Borrower’s assets are and will, immediately following the funding of the Loan, be greater than Borrower’s probable liabilities, including the maximum amount of its contingent liabilities on its Debts as such Debts become absolute and matured. Borrower’s assets do not and, immediately following the funding of the Loan will not, constitute unreasonably small capital to carry out its business as conducted or as proposed to be conducted. Borrower does not intend to, and does not believe that it will, incur Debts and liabilities (including contingent liabilities and other commitments) beyond its ability to pay such Debts as they mature (taking into account the timing and amounts of cash to be received by Borrower and the amounts to be payable on or in respect of obligations of Borrower).

assistant: Solvency
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 shall reimburse the Board Observer for all reasonable and documented out-of-pocket expenses incurred by the Board Observer in his or her capacity thereof, including, without limitation, all reasonable and documented out-of-pocket travel and lodging expenses associated with attending meetings of the Board or any committee thereof.

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: Without limiting clause (ii) of Section II hereof, the Borrower agrees on demand (i) to pay all reasonable fees and expenses of counsel to the Administrative Agent, and (ii) to reimburse the Administrative Agent for all reasonable out-of-pocket costs and expenses, in each case, in connection with the preparation, negotiation, execution and delivery of this Agreement and the other Loan Documents delivered in connection herewith.

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 case excerpt and choose the best holding from the options. Case excerpt: and W.Va. Const, art. 3, § 10. The presumption is rebuttable by the government. 269 S.E.2d at 394, Syl. Pt. 1. As the State points out, however, the facts in Hey differ substantially from those present in this case. In Hey, the State “had all the evidence upon which to proeeed[ ]” during that eleven-year span, whereas in the instant case the State maintains that not until April of 1992 did Lewis and Walton provide information implicating Appellant. 269 S.E.2d at 395. In Hundley v. Ashworth, 181 W.Va. 379, 382 S.E.2d 573 (1989), we refused to apply the burden-shifting mechanism announced in Hey “because the prosecutor was not shown to have knowledge of the identity and location of the defendant.” Id. at 382, 382 S.E.2d at 576; accord State v. Carrico, 189 W.Va. 40, 427 S.E.2d 474 (1993) (<HOLDING>). As was the case in Hundley, there is no need Options: A. holding that states inadvertent or negligent destruction of evidence did not violate defendants due process rights B. holding that twoyear preindictment delay did not violate defendants due process rights since government promptly sought indictment upon securing sufficient evidence C. holding that the government may appeal trial courts dismissal of count in indictment because of prejudice caused by preindictment delay without violating double jeopardy principles D. holding that the preindictment delay was a due process violation because actual prejudice was shown and the state had shown absolutely no need for any investigative delay E. holding that twoyear delay was not reasonable

assistant: The best answer is B. holding that twoyear preindictment delay did not violate defendants due process rights since government promptly sought indictment upon securing sufficient evidence
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 PARTIES HERETO HEREBY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF ANY ACTION, SEEK TO ENFORCE THAT FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 8(f) . ANY PARTY HERETO MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS SECTION 8(f) WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF EACH SUCH PARTY TO THE WAIVER OF ITS RIGHT TO TRIAL BY JURY.

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: The agreements in this Section 10.04 and the indemnity provisions of Section 10.02(e) shall survive and remain in full force and effect regardless of the resignation of any Agent, the replacement of any Lender, the termination or expiration of the Total Loan Commitments, the invalidity or unenforceability of any term or provision of any Loan Document, any investigation made by or on behalf of the Administrative Agent, the Collateral Agent or any Lender, and the occurrence of the Discharge Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: its discretion in proceeding to trial in light of the evidence indicating the defendant’s incompetency to proceed is to vacate defendant’s judgment and remand the case to the trial court for a new trial if and when defendant is properly determined competent to proceed with trial. Compare McRae II, 163 N.C. App. at 361, 594 S.E.2d at 74 (noting the proper remedy in cases where the trial court failed to conduct a competency hearing in violation of a defendant’s due process rights is to remand the case to the trial court to (1) determine whether it is possible for a retrospective competency hearing to be held effectively, and (2) if so, to hold such a hearing to determine defendant’s competency at the time of trial), with State v. Reid, 38 N.C. App. 547, 550, 248 S.E.2d 390, 392 (1978) (<HOLDING>). Nonetheless, in the present case, Dr. Corvin Options: A. holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict B. holding that the appellants failure to provide a transcript of the proceedings was fatal to its claims because without a record of the trial proceedings the appellate court can not sic properly resolve the underlying factual issues so as to conclude that the trial courts judgment is not supported by the evidence or by an alternative theory C. holding that where the trial courts determination that the defendant was mentally capable to proceed with trial was not supported by the evidence the verdict and judgment must be vacated and the cause remanded for further proceedings against the defendant D. holding that disposition order be vacated and the cause remanded for correction thereof E. holding that under aspinwall when the trial court submits to the jury a good count one that is supported by the evidence and a bad count one that is not supported by the evidence and the jury returns a general verdict this court cannot presume that the verdict was returned on the good count in such a case a judgment entered upon the verdict must be reversed

assistant: The best answer is C. holding that where the trial courts determination that the defendant was mentally capable to proceed with trial was not supported by the evidence the verdict and judgment must be vacated and the cause remanded for further proceedings against the defendant
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 Partnership and the Subsidiaries own or possess, or can acquire on reasonable terms, adequate patents, patent rights, licenses, inventions, copyrights, know how (including trade secrets and other unpatented and/or unpatentable proprietary or confidential information, systems or procedures), trademarks, service marks, trade names or other intellectual property (collectively, “ Intellectual Property ”) necessary to carry on the business now operated by them, and none of the Partnership nor any of the Subsidiaries has received any notice or is otherwise aware of any infringement of or conflict with asserted rights of others with respect to any Intellectual Property or of any facts or circumstances that would render any Intellectual Property invalid or inadequate to protect the interest of the Partnership or any of the Subsidiaries therein, and which infringement or conflict (if the subject of any unfavorable decision, ruling or finding) or invalidity or inadequacy, singly or in the aggregate, would result in a Material Adverse Effect.

assistant: Intellectual Property