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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company reserves the right to change , suspend , or discontinue all or any part of the service at any time without prior notice or liability .

assistant: Limitation of liability, Unilateral change, Unilateral termination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee shall be eligible to take up to four (4) weeks paid vacation each complete calendar year (an aggregate of two (2) weeks (which equals 10 days) of which may be carried forward to succeeding calendar years), which shall accrue and be taken, and which may increase, in accordance with the Company’s vacation policy as in effect from time to time. For the avoidance of doubt, Employee’s vacation shall be pro-rated for the calendar year that includes the Effective Date. Employee shall cease accruing vacation as of any time that Employee has accrued five (5) weeks of unused vacation, and Employee shall resume accruing vacation in accordance with this Section 6(b) only after Employee’s accrued, unused vacation is less than five (5) weeks.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Holdings, the Borrower, the Company and the other Restricted Subsidiaries owns or has the right to use all Intellectual Property that is used in or otherwise necessary for the operation of their respective businesses as currently conducted, except where the failure of the foregoing would not reasonably be expected to have a Material Adverse Effect. The operation of their respective businesses by each of Holdings, the Borrower, the Company and the other Restricted Subsidiaries does not infringe upon, misappropriate, violate or otherwise conflict with the Intellectual Property of any third party, except as would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: class definition based on census tract information rather than zip codes. At the outset, we note that these arguments rely upon differences in procedural rules. See Fed.R.Civ.P. 20 (classifying joinder as a federal procedural rule), 26(c) (authorizing a district court, as a matter of procedure, to create orders limiting discovery). However, because federal subject matter jurisdiction attaches pursuant to the All Writs Act, procedural matters in this case, as well as any future case im pacting the prior judgment in Canady I, are governed by the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 81(c) (authorizing application of the Federal Rules to state court actions removed to federal court); see also Willy v. Coastal Corp., 503 U.S. 131, 134-35, 112 S.Ct. 1076, 117 L.Ed.2d 280 (1992) (<HOLDING>); Hiatt v. Mazda Motor Corp., 75 F.3d 1252, Options: A. holding that exclusionary rule does apply to civil forfeiture proceedings B. holding that the expansive language of rule 81c indicates a clear intent to have the federal rules apply to all district court civil proceedings C. holding that the exclusionary rule does not apply to civil deportation proceedings and noting the rules incompatibility with the streamlined administrative nature of such proceedings D. holding discovery rules apply to civil forfeiture proceedings E. holding that where state rules of civil procedure apply to courts of the state they do not apply to adjudicatory proceedings before state agencies

assistant: The best answer is B. holding that the expansive language of rule 81c indicates a clear intent to have the federal rules apply to all district court civil proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: As a condition to each party furnishing the Evaluation Material to the other party and the directors, officers, employees, agents or advisors of such party or its subsidiaries or other affiliates (collectively, “Representatives”), each party agrees that the Evaluation Material furnished to it hereunder shall be treated in accordance with the terms of this Agreement. Each party agrees that, without the prior written consent of the other party, neither it nor its Representatives will disclose to any other person (other than to such party’s Representatives who agree, or are otherwise bound, not to disclose the following except as contemplated by this Agreement) any of the other party’s Evaluation Material, the fact that discussions between the parties are taking place concerning the Transaction, or any terms or other facts relating to the Transaction. Except as otherwise provided in this Agreement, the Evaluation Material shall only be used by a party and its Representatives to evaluate, negotiate, facilitate or pursue a Transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Wade, 116 Ill. 2d 1, 6 (1987); People v. Young, 334 Ill. App. 3d 785, 789 (2002). A trial court, upon determination of guilt, has no authority to assess a fine or impose a sentence other than that provided by statute. People ex rel. Daley v. Suria, 112 Ill. 2d 26, 38 (1986); People ex rel. Carey v. Bentivenga, 83 Ill. 2d 537, 542 (1981); People ex rel. Ward v. Moran, 54 Ill. 2d 552, 556 (1973); People ex rel. Ward v. Salter, 28 Ill. 2d 612, 615 (1963). This court and our supreme court have held that a void sentence is considered to have never been imposed and that “[a] void sentence is treated as a complete nullity, without legal effect, since inception.” People v. O’Neal, 281 Ill. App. 3d 602, 614 (1996), aff’d in part & rev’d in part by People v. Garcia, 179 Ill. 2d 55, 73 (1997) (<HOLDING>). Although O’Neal and Garcia deal with Options: A. holding that remand for resentencing is appropriate when sentence for reversed conviction appears to have influenced trial courts sentence for the affirmed conviction B. holding that on direct appeal appellate court may remand for resentencing of all counts C. holding that in addition to a remand for clarification another option in these circumstances is to remand for resentencing D. holding that consideration of original sentence on remand for resentencing was inapplicable when original sentences were void E. holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing

assistant: The best answer is D. holding that consideration of original sentence on remand for resentencing was inapplicable when original sentences were void
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized common stock of the Company consists of 20,000,000,000 authorized shares of Common Stock, $0.0001 par value per share, of which 32 ,348,576 shares are issued and outstanding; and shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: We will indemnify you against and reimburse you for all damages for which you are held liable in any proceeding arising out of your authorized use of any of our Marks, pursuant to and in compliance with this Agreement, resulting from claims by third parties that your use of any of the Marks infringes their trademark rights, and for all costs you reasonably incur in the defense of any such claim in which you are named as a party, so long as you have timely notified us of the claim and have otherwise complied with the terms of this Agreement. We will not indemnify you against the consequences of your use of the Marks except in accordance with the requirements of this Agreement. You must provide written notice to us of any such claim within 10 days of your receipt of such notice and you must tender the defense of the claim to us. We will have the right to defend any such claim and if we do so, we will have no obligation to indemnify or reimburse you for any fees or disbursements of any attorney retained by you. If we elect to defend the claim, we will have the right to manage the defense of the claim including the right to compromise, settle or otherwise resolve the claim, and to determine whether to appeal a final determination of the claim.

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 case excerpt and choose the best holding from the options. Case excerpt: on November 24, 2015 (the “SecNav Report”), found that plaintiff failed, in his request and in his letter of deficiency, to adequately explain why the requested documents, assuming they existed, were relevant. With respect to Major Brezler’s request for documents (“e-mails since July 1, 2012, regarding Brezler, Sarwar Jan, Ainuddin Khudair-aham or the August 10, 2012 attack by Generals Flynn and Mills, or any commander or principal staff officer within the 3rd [sic] Battalion, 8th Marines from July 1 to August 10, 2012”), documents not provided were not relevant, did not exist, or were not within the control of [the Marine Forces Reserve]. (R. at 2626.) 2. Analysis The Navy, like any other agency, must comply with its own binding rules. Smith v. Resor, 406 F.2d 141, 145 (2d Cir. 1969) (<HOLDING>). Although the government contends that this ■ Options: A. holding that section 1252a2bii barred jurisdiction of decisions specified by statute as discretionary but did not bar decisions specified by regulation as discretionary B. holding that attorneys are not debt relief agencies C. holding that new york city agencies cannot be sued D. holding that mandatory military procedures and regulations cannot be ignored by the agencies themselves even where discretionary decisions are involved E. recognizing that administrative agencies are not bound by rules of evidence

assistant: The best answer is D. holding that mandatory military procedures and regulations cannot be ignored by the agencies themselves even where discretionary decisions are involved
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: F.3d at 114. DTR II, in contrast, found that the employer’s similar predictions about sole-source business, when combined with an explicit statement that the decrease in business would lead to layoffs, constituted a coercive threat unprotected by NLRA § 8(c). 297 Fed. Appx. at 493. Based on these cases, the district court concluded that the Board’s letter to Hughes was permissible employer expression because the only conceivable “threat” in the letter — an official request for a retraction of HCEA’s statements or a statement by the Board correcting HCEA’s statements — was “incomparable with the predictions of dire economic ruin” in DTR II and other cases, where § 158(c)’s protection did not apply. The district court correctly demarcated the line between threats and n 58) (per curiam) (<HOLDING>). Second, HCEA argues that Stewart’s comments Options: A. holding that a back pay award should make injured parties whole by placing them in the position that they would have been but for the discrimination B. holding that an employer did not violate nlra 8a1 by notifying strikers that they had been temporarily replaced and would be permanently replaced unless they reported for work because the statement simply stated the employers legal position that it was entitled to make employment replacements to take over the positions of the strikers C. holding that neglect was not excusable where the defendants did not do all that they were required to do after they received the summons and complaint in that they did not contact a lawyer or make any other arrangements with respect to their defense D. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence E. holding that defendants had no standing where they conceded that they did not own the automobile searched and were simply passengers the owner of the car had been the driver of the vehicle at the time of the search

assistant: The best answer is B. holding that an employer did not violate nlra 8a1 by notifying strikers that they had been temporarily replaced and would be permanently replaced unless they reported for work because the statement simply stated the employers legal position that it was entitled to make employment replacements to take over the positions of the strikers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No portion of any loan is to be used for (i) the purpose of purchasing or carrying any "margin security" or "margin stock" as such terms are used in Regulations U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. 221 and 224 or (ii) primarily personal, family or household purposes. The Collateral is not used or acquired primarily for personal, family or household purposes.

assistant: Use Of Proceeds
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 documents to be executed hereunder and the Exhibits and Schedules attached hereto constitute the entire agreement among the Parties pertaining to the subject matter hereof, and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the Parties pertaining to the subject matter hereof. In entering into this Agreement, none of the Parties has relied on any statement, representation, warranty, covenant, or agreement of any other Party or its representatives other than those expressly contained 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 legal provision and list the applicable contract clause categories. Provision: Means a general release which is the same in all material respects as the form of the release attached as Exhibit A to this Plan except that the time period to consider whether to sign the Release and the time period for revoking a Release which has been signed may be reduced to the extent consistent with the applicable requirements, if any, of the Older Workers Benefit Protection Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized common stock of the Company consists of 1,750,000,000 authorized shares of Common Stock, $0.001 par value per share, of which 3,682,762 shares are issued and outstanding; and 403,677 shares shall be reserved for issuance upon conversion of the Note immediately upon an increase in the authorized Common Stock or reverse stock split of the Common Stock which shall occur within 60 days of the date hereof. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Article 19 provides carrier liability “for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.” Montreal Convention, art. 19. Consideration of these three sections in conjunction with Article 29 — which governs preemption under the Convention — compels the conclusion that “for all air transportation to which the Convention applies, if an action for damages, however founded, falls within one of the Convention’s three damage provisions, the Convention provides the sole cause of action under which a claimant may seek redress for [her] injuries.” Weiss v. El Al Israel Airlines, Ltd., 433 F.Supp.2d 361, 365 (S.D.N.Y.2006). 1. Plaintiffs Breach of Contract Claim Is Not Preempted by the Montreal Convention 24, 2009 WL 1584899, at *3 (S.D.N.Y. June 3, 2009) (<HOLDING>); In re Nigeria Charter Flights Contract Options: A. holding that the montreal convention was not applicable to plaintiffs claims because based on plaintiffs allegations it clearly appears that through its employees continental refused to perform the contract B. holding plaintiffs breach of contract claim was not preempted by the montreal convention because plaintiff was seeking damages resulting from deltas refusal to provide him with any flight home after having taken his money for a ticket in short for failure to perform its obligation to provide carriage in exchange for money it had received C. holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract D. holding a claim for money damages is an adequate remedy at law and so it does not provide a sufficient basis for injunctive relief notwithstanding the possibility that a money judgment will be uncollectible E. holding plaintiff may sue federal agents for money damages for violation of his constitutional rights

assistant: The best answer is B. holding plaintiffs breach of contract claim was not preempted by the montreal convention because plaintiff was seeking damages resulting from deltas refusal to provide him with any flight home after having taken his money for a ticket in short for failure to perform its obligation to provide carriage in exchange for money it had received
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: at p. 5 (“If the debtor is allowed to have access to her funds though loans or due to financial hardship, then the debtor’s creditors should also be entitled to those funds.”). There are cases decided under New York law which support the proposition that the kind of access which the Debtor enjoys with respect to the CREF account would render an antialienation provision invalid for § 541(c)(2) purposes. In particular, courts have “struck down” such provisions insofar as they pertained to an Individual Retirement Account (“IRA”), based on the fact that the debtor had the right to withdraw funds from the account at any time (and even though the withdrawal could trigger adverse tax consequences under 26 U.S.C. § 72(t)). See In re Taft, 171 B.R. 497, 503 (Bankr.E.D.N.Y.1994) (Holland, J.) (<HOLDING>), aff'd in pertinent part and rev’d in part on Options: A. holding that an antiassignment clause in a pension plan is valid under 541c2 and that the pension benefits thus do not become property of the estate and may not be made subject to a pay order under section 1325c B. holding that a simplified employee pension which is a kind of ira see 26 usc 408k was not a valid spendthrift trust and making note of the debtors ability to obtain withdrawals from the pension for any reason subject merely only sic to a minimal tax penalty C. holding that the family courts award to exwife of interest in 387 of debtors military pension payable directly from the plan was not subject to discharge because interest in pension plan was not a debt rather it was considered exwifes separate ownership interest D. holding that the son of a pension plan participant who had not been designated to receive any of his fathers pension benefits stood no closer to beneficiary status than any other person E. holding that an employees protected interest in a pension vested before he or she became eligible to collect the pension

assistant: The best answer is B. holding that a simplified employee pension which is a kind of ira see 26 usc 408k was not a valid spendthrift trust and making note of the debtors ability to obtain withdrawals from the pension for any reason subject merely only sic to a minimal tax penalty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by law, the Partnership shall indemnify any person (and such person’s heirs, executors or administrators) who was or is made or is threatened to be made a party to or is otherwise involved in any threatened, pending or completed action, suit or proceeding (brought in the right of the Partnership or otherwise), whether civil, criminal, administrative or investigative, and whether formal or informal, including appeals, by reason of the fact that such person, or a person for whom such person was the legal representative, is or was a Partner (including without limitation, the General Partner) or a director, officer or agent of a Partner (including without limitation, the General Partner) or the Partnership or, while a director, officer or agent of a Partner (including without limitation, the General Partner) or the Partnership, is or was serving at the request of the Partnership as a director, officer, partner, trustee, employee or agent of another corporation, partnership, joint venture, trust, limited liability company, nonprofit entity or other enterprise, for and against all loss and liability suffered and expenses (including attorneys’ fees), judgments, fines and amounts paid in settlement reasonably incurred by such person or such heirs, executors or administrators in connection with such action, suit or proceeding, including appeals; provided , that such person shall not be entitled to indemnification hereunder only to the extent such person’s conduct constituted fraud, bad faith or willful misconduct. Notwithstanding the preceding sentence, except as otherwise provided in Section 10.02(c), the Partnership shall be required to indemnify a person described in such sentence in connection with any action, suit or proceeding (or part thereof) commenced by such person only if the commencement of such action, suit or proceeding (or part thereof) by such person was authorized by the General Partner.

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: Each Loan Party will, and will cause each Subsidiary to, maintain with financially sound and reputable carriers having a financial strength rating of at least A- by A.M. Best Company (a) insurance in such amounts (with no greater risk retention) and against such risks (including loss or damage by fire and loss in transit; theft, burglary, pilferage, larceny, embezzlement, and other criminal activities; business interruption; and general liability) and such other hazards, as is customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations and (b) all insurance required pursuant to the Collateral Documents. The Borrower will furnish to the Lenders, upon request of the Administrative Agent, information in reasonable detail as to the insurance so maintained.

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: court erred by not reserving jurisdiction in the amended final judgment to address his timely filed charging lien. There is no dispute that counsel filed the notice and claim of charging lien before the original final judgment was entered. Thus, counsel perfected his charging lien by providing timely notice. See Daniel Mones, P.A. v. Smith, 486 So.2d 559, 561 (Fla.1986) (“In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.”); see also Sinclair, Louis, Siegel, Heath, Nussbaum & Zavertnik, P.A. v. Baucom, 428 So.2d 1383, 1385 (Fla.1983) (“[T]here are no requirements for perfecting a charging lien beyond timely notice.”); Brown v. Vt. Mut. Ins. Co., 614 So.2d 574, 580 (Fla. 1st DCA 1993) (<HOLDING>). Notwithstanding a lack of express reservation Options: A. holding that risk must be measured at the time the lawsuit is filed B. holding that a mortgage took priority over a judgment lien under real prop 3201 where the mortgage had been executed before but recorded after the institution of a lawsuit to obtain the judgment lien C. holding that to be timely the notice of a charging lien must be filed before the lawsuit has been reduced to judgment D. holding that the attorneys charging lien may be asserted and enforced in the civil action which gave rise to the lien claim or in an independent action E. holding that a notice of appeal is timely when filed before final judgment is entered by the district court

assistant: The best answer is C. holding that to be timely the notice of a charging lien must be filed before the lawsuit has been reduced to judgment
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: Plaintiffs case, and the district court correctly held that the post-1972 insurance plans did not require Defendant to cover Plaintiffs legal costs in the underlying lawsuit. II. PMA’S OBLIGATION TO REIMBURSE MUELLER FOR THE REASONABLE COST OF SETTLING THE UNDERLYING LAWSUIT In addition to its claim that Defendant was obligated to provide it with legal defense in the underlying lawsuit, Plaintiff also claims that Defendant must indemnify it for the costs of settling that suit. As discussed above, however, the policies at issue in this case do not cover the underlying lawsuit. Furthermore, Plaintiff bears a more difficult burden to demonstrate that it has a right to indemnification under these policies than it bore with respect to its claim seeking defense. See Gedeon, 188 A.2d at 322 (<HOLDING>). Accordingly, the district court correctly Options: A. holding the obligation to defend does not arise until the insurer is presented with a complaint B. holding that there may be an obligation to defend under an insurance policy even though there is no obligation to indemnify C. holding that an insurers obligation to defend an insured was a property interest subject to prejudgment attachment D. holding where there is no duty to defend there is no duty to indemnify E. holding that insurance obligation was primary to indemnity obligation

assistant: The best answer is B. holding that there may be an obligation to defend under an insurance policy even though there is no obligation to indemnify
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 will, and will cause each Subsidiary to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: violation of the discharge injunction, even though the debtors admitted that defendant’s conduct had not caused them to suffer any actual damages. Laws, 2007 WL 1121266, *3, 2007 Bankr.LEXIS 1252 at *9. See also, Lohmeyer, 365 B.R. at 754 (allowing debtors to amend complaint to include allegations of actual injury); Schramm v. TMS Mortgage, Inc. (In re Schramm), No. 01-11026, 2006 Bankr.LEXIS 4470 (Bankr.N.D.Ohio, July 6, 2006) (denying motion to dismiss counts pertaining to violation of the discharge injunction); Braun v. Champion Credit Union (In re Braun), 152 B.R. 466 (N.D.Ohio 1993) (affirming bankruptcy court’s imposition of sanctions against creditor for violation of the discharge injunction); and Beck v. Gold Key Lease, Inc. (In re Beck), 272 B.R. 112, 114 (Bankr.E.D.Pa.2002) (<HOLDING>). To dismiss on procedural grounds alone would Options: A. holding that no private cause of action exists under 105 for 524 violations B. holding that the proper ground for dismissal of a 1983 action in which the plaintiff has failed to establish state action is lack of jurisdiction C. holding that a private right of action exists D. recognizing private right of action E. holding that plaintiff does not have a private right of action under 524 but dismissal was not warranted because plaintiff has also alleged that creditor should be held in civil contempt for violating the discharge injunction

assistant: The best answer is E. holding that plaintiff does not have a private right of action under 524 but dismissal was not warranted because plaintiff has also alleged that creditor should be held in civil contempt for violating the discharge injunction
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: 889, and Urman v. Walter (1981), 101 Ill. App. 3d 1085, 428 N.E.2d 105, appeal denied (1982), 91 Ill. 2d 557. In Prange, the plaintiff was crushed by metal poles he was carrying on a forklift truck when the poles rolled off the lift mechanism of the truck. In holding that the Structural Work Act applied, the Prange court stressed that the Act was intended to protect against injuries caused by the collapse of a support device or the falling of any material from the device. Prange, 109 Ill. App. 3d at 1129, citing Urman v. Walter (1981), 101 Ill. App. 3d 1085, 428 N.E.2d 105. In Urman, the plaintiff, a structural ironworker, was injured when inadequately supported roofing trusses fell upon him. The court on appea 4 Ill. App. 3d 967, 464 N.E.2d 1239, appeal denied (1984), 101 Ill. 2d 563 (<HOLDING>).) While the plaintiff has suggested that the Options: A. holding that the act is not retroactive B. holding that dependent parents could not recover lossofsociety under the jones act where the jury had found no unseaworthiness C. holding that payments in the nature of support need not be made directly to the spouse or dependent to be nondischargeable D. holding that the devices described in the act generally refer to contrivances on which a workman is dependent for support E. holding that the act is retroactive

assistant: The best answer is D. holding that the devices described in the act generally refer to contrivances on which a workman is dependent for support
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 Loan 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 Agent and each Lender, regardless of any investigation made by the Agent or any Lender or on their behalf and notwithstanding that the Agent or any Lender may have had notice or knowledge of any Default at the time of any extension of credit hereunder, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding. Without prejudice to the survival of any other obligation of the Borrower hereunder, the obligations under Article 6 , Section 15.1 and Section 15.2 shall survive repayment of the Obligations and termination of the Commitments.

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: a mixed question of law and fact, and we review legal conclusions for correctness and factual findings for clear error. See Jacobs v. State, 2001 UT 17,¶ 20, 20 P.3d 382. ¶ 8 To demonstrate ineffective assistance of counsel, Schultz must meet the heavy burden of showing that (1) trial counsel rendered deficient performance that fell below an objective standard of reasonable professional judgment and (2) counsel’s deficient performance was prejudicial. See Manning, 2004 UT App 87 at ¶ 31, 89 P.3d 196. ¶ 9 Schultz has failed to make this showing. We agree with the trial court that trial counsel sufficiently explained Schultz’s appellate rights. It is not surprising that Schultz was upset after learning that he was going to prison. Cf. State v. Benvenuto, 1999 UT 60,¶ 18, 983 P.2d 556 (<HOLDING>). We cannot say, however, that this distress Options: A. holding that prison conditions are those aspects of prison life affecting the entire prison population B. holding that a mandatory sentence of life in prison without the possibility of parole for a juvenile convicted of firstdegree murder is not cruel and unusual punishment in violation of the united states and pennsylvania constitutions C. recognizing that most people confronting possibility of lengthy prison sentence would suffer some level of depression D. holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence E. holding that a sentence of life in prison with the possibility of parole as applied to a threetime offender is constitutional

assistant: The best answer is C. recognizing that most people confronting possibility of lengthy prison sentence would suffer some level of depression
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: (Tex.1995). Validity of Tax Sale In their second point of error, the John-stons assert that the trial court erred by denying their summary judgment motion claiming that the quitclaim deed issued by the IRS was void because the IRS did not strictly comply with the applicable statutes governing seizure and sale of the property. The Johnstons contend that, according to the Internal Revenue Code, the IRS failed to sell the property in a timely fashion and in the correct county after it was seized or to return the property to them after the postponement of the first sealed bid sale. See 26 U.S.C.S. § 6335(d), (e) (2003) (establishing procedures for manner of sale of seized property). As a result of the IRS’s failure to comply with the statute, the Johnstons argue that the sale of the p 0) (<HOLDING>); DRWSEA, Inc. v. Trinity Meadows Prop., Inc., Options: A. holding that failure of irs to provide statutory notice of sale caused sale to be voidable ab initio B. holding that a contract made in violation of section 432070 is void rather than voidable C. holding that although irs failed to comply with procedures of section 6335 tax sale was valid due to ratification by taxpayer D. holding that fraudulent inducement renders a contract void or voidable E. holding that irss failure to comply with seizure and sale provisions of section 6335 renders tax sales voidable at taxpayers option rather than void as matter of law

assistant: The best answer is E. holding that irss failure to comply with seizure and sale provisions of section 6335 renders tax sales voidable at taxpayers option rather than void as matter of law
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 provisions of this Plan shall bind and inure to the benefit of each Participating Employer and its successors and assigns. The term successors as used herein shall include any corporate or other business entity which shall, whether by merger, consolidation, purchase or otherwise acquire all or substantially all of the business and assets of a Participating Employer, and successors of any such corporation or other business entity.

assistant: Successors
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: I was “inconsistent with a majority of the district court decisions,” but Defendants nonetheless argued that it was the proper result, as the statute “did not intend to shift the matter from an administrative waiting room to one in the courthouse.” Defs.’ Br. at 4. The Court, however, agrees with the reasoning set forth in Walji II and the majority of courts which have held that the 120-day period starts at the completion of the interview. See, e.g., Walji II, at 436 (explaining that the plain language of the statute suggests that 120-day triggering event is a distinct, single event — -the date on which the interview occurs — not an ongoing fluid process) (cases cited therein); Khan v. Gonzales, No. 07-cv-29, 2007 WL 1560321, *1, 2007 U.S. Dist. LEXIS 38912, at *4 (D.Neb. May 29, 2007) (<HOLDING>); Khelifa v. Chertoff, 433 F.Supp.2d 836, Options: A. holding that the defendants reading of the statute as making the same distinction was overliteralistic B. holding that the 120day period commences when the applicant appears in person for the interview C. holding that the title of the statute did not limit the reach of the statute D. holding that case law and a reasonable reading of the statute support the conclusion that the examination is complete when cis finishes its interview of the applicant E. holding that the 120day time period begins to run after the agencys initial interview of the applicant

assistant: The best answer is D. holding that case law and a reasonable reading of the statute support the conclusion that the examination is complete when cis finishes its interview of the applicant
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 Participant is liable for any and all taxes, including withholding taxes, arising out of the grant, vesting, payment or settlement of any Performance Awards and Dividend Equivalent Rights. The Company shall have the right to require the Participant to remit to the Company, or to withhold awarded shares of Common Stock, or from any Dividend Equivalent Rights or other amounts due to the Participant, as compensation or otherwise, an amount sufficient to satisfy all federal, state and local withholding tax requirements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Grantor will keep accurate and complete records of the Collateral (including proceeds), and these records will reflect all material facts known to such Grantor concerning the Collateral. Each Grantor shall maintain, at the address set forth on Schedule 3.6 as the location of the books and records, a current record of where all Collateral is located. In addition, from time to time at the request of Administrative Agent or any Secured Party, deliver to Administrative Agent such information regarding each Grantor as Administrative Agent may reasonably request.

assistant: Records
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 addition , we may need to automatically update some of the software that you obtain through the services or provide you with new software to keep the services functioning properly , which could include bug fixes , patches , enhanced features , missing plug-ins and new versions .

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: The disparity alleged by Williams is significant, as this Court has found that “an absolute disparity between the percentage of a group in the population and its percentage in the jury pool of less than 5% is almost always constitutional; an absolute disparity between 5 and 10% is usually constitutional; and an absolute disparity of over 10% is probably unconstitutional.” Id. at 692. See also West v. State, 252 Ga. 156, 157 (1) (313 SE2d 67) (1984) (17% absolute disparity for females in jury pool from females in county population violates OCGA § 15-12-40). If the 17.49 percent disparity is found to be reliable, this statistic could be sufficient for a prima facie case under both the Sixth and Fourteenth Amendments. See Jones v. Georgia, 389 U. S. 24 (88 SC 4, 19 LE2d 25) (1967) (<HOLDING>); Sanders v. State, 237 Ga. 858 (230 SE2d 291) Options: A. holding that equal protection requires that state legislative districts be roughly equal in population B. holding that the plaintiff made out a prima facie case of disparate impact despite a lack of statistical significance based on past discrimination which reduced the number of africanamericans eligible to sit for the promotional exam C. holding that the mathematical disparity between 197 of africanamericans in the population and 47 of africanamericans on grand jury lists was adequate for a prima facie case under an equal protection analysis D. holding that a petitioner did not make a prima facie showing of illegal discrimination because the petitioner needed to point to more facts than the number of africanamericans struck in order to establish a pattern of strikes supporting an inference of discrimination E. holding that although a jury instruction that included the phrase prima facie case and referred to defendants burden of production created a distinct risk of confusing the jury in certain instances it would be appropriate to instruct the jury on the elements of a prima facie case

assistant: The best answer is C. holding that the mathematical disparity between 197 of africanamericans in the population and 47 of africanamericans on grand jury lists was adequate for a prima facie case under an equal protection analysis
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: supercell reserves the right , at its discretion , to change , modify , add or remove portions of these terms of service , its privacy policy and other relevant supercell policies at any time by posting the amended terms on the supercell service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision were never a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance. In lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible, and the Company and Executive hereby request the court to whom disputes relating to this Agreement are submitted to reform the otherwise unenforceable covenant in accordance with this Agreement Section 10(e).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you must mail the opt-out notice to ebay inc. , attn : litigation department , re : opt-out notice , 583 west ebay way , draper , ut 84020 .

assistant: None