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: that individual’s compliance with the defendant’s directions, instructions, or terms.” United States v. Possick, 849 F.2d 332, 336 (8th Cir.1988). Here, the evidence was sufficient to show that appellant organized, supervised, or managed Thaxton, Scott, Majors, Singleton, and Duncan. The evidence established that appellant employed Thaxton as a bodyguard during appellant’s crack-selling activities at the College Street crack house. Thaxton spent six or seven hours a day at that house working with and protecting appellant. His primary job was to look out for appellant, “physically and with a little artillery if need be.” As appellant’s bodyguard, Thaxton was clearly appellant’s subordinate and subject to his supervision. See United States v. Chalkias, 971 F.2d 1206, 1214 (6th Cir.1992) (<HOLDING>); United States v. Pino-Perez, 870 F.2d 1230, Options: A. holding that a person employed by the defendant as a bodyguard during the defendants drugrelated activities was supervised by the defendant B. holding that the injury was inflicted by the defendant when it occurred while the defendant applied force directly to the victims person C. holding that invitederror doctrine precludes defendant from challenging sentence of supervised release where defendant requested sentence of supervised release D. holding that courts failure to tell defendant in rule 11 plea hearing that he faced a mandatory period of supervised release was harmless error because the defendant was on notice of the supervised release requirement set out in the plea agreement and the defendant did not claim he was unaware of the requirement only that court technically had failed to comply with requirements of rule E. holding that the failure to notify the defendant of the term of supervised release and its possible effect on his sentence was not harmless error where nothing in the record suggests that the defendant understood that his sentence would include supervised release and there was no written plea agreement by which he might have been warned

assistant: The best answer is A. holding that a person employed by the defendant as a bodyguard during the defendants drugrelated activities was supervised by 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: Enter into any arrangement, directly or indirectly, with any person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property being sold or transferred, in each case, whether or not treated as a “sale-leaseback” under GAAP (a “ Sale and Lease Back Transaction ”); provided , that a Sale and Lease Back Transaction shall be permitted (a) with respect to property owned (i) by the Borrower or any Domestic Subsidiary that is acquired after the Closing Date so long as such Sale and Lease Back Transaction is consummated within 270 days of the acquisition of such property or (ii) by any Foreign Subsidiary regardless of when such property was acquired, and (b) with respect to any property owned by the Borrower or any Domestic Subsidiary, if at the time the lease in connection therewith is entered into, and after giving effect to the entering into of such lease, the Remaining Present Value of such lease, together with Indebtedness outstanding pursuant to Sections 6.01(i) and the Remaining Present Value of outstanding leases previously entered into under this Section 6.03(b), would not exceed the greater of $150 million and 5.0% of Consolidated Total Assets as of the end of the fiscal quarter immediately prior to the date the lease was entered into for which financial statements have been delivered pursuant to Section 5.04.

assistant: Sales
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 in this Agreement (including Sections 2.6(d) , 8.4 and 8.5 ), each party hereto shall bear its own costs and expenses in connection with the negotiation, documentation and consummation of the transactions contemplated by this Agreement, including all legal, accounting, financial advisory, consulting and all other fees and expenses of third parties, whether or not the transactions contemplated by this Agreement are consummated.

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: The Company shall issue a press release (or, alternatively, a Current Report on Form 8-K) disclosing the material terms of the transactions contemplated hereby, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with (i) any registration statement contemplated by the Registration Rights Agreement and (ii) the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice delivered under this Agreement shall be deemed duly delivered 3 business days after it is sent by registered or certified mail, return receipt requested, postage prepaid, or one business day after it is sent for next-business day delivery via a reputable nationwide overnight courier service, to the Company at its principal headquarters and to the Executive at the address most recently shown on the personnel records of the Company. Either party may change the address to which notices are to be delivered by giving notice of such change to the other party in the manner set forth in this Section 13.2.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 846, 851 (7th Cir.2010); Rawoof v. Texor Petroleum Co., Inc., 521 F.3d 750, 756 (7th Cir.2008). Even if constitutional standing is established, however, there are also prudential limitations of the court’s exercise of jurisdiction. FMC Corp., 852 F.2d at 987. A complaint may meet the standards for constitutional standing, yet fail to overcome the prudential standing hurdles. FMC Corp., 852 F.2d at 988. Although the court on its own may raise unpreserved questions of either constitutional or prudential standing, the court is not obligated to do so with respect to prudential standing questions. Rawoof 521 F.3d at 757. We have held that matters of prudential standing can be waived if not preserved. RK Co., 622 F.3d at 851, but see Lewis v. Alexander, 685 F.3d 325, 340 n. 14 (3d Cir.2012)(<HOLDING>). Here, the standing objection was properly Options: A. recognizing split B. recognizing split within the circuit on whether the rule is mandatory or discretionary but not resolving the conflict C. recognizing circuit split D. holding that district court may consider 3553a2a and noting circuit split on the issue E. recognizing a split in the circuit as to whether objections to prudential standing can be waived and listing circuit cases

assistant: The best answer is E. recognizing a split in the circuit as to whether objections to prudential standing can be waived and listing circuit cases
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: vivino also reserves the right to access , read , preserve , and disclose any information as vivino reasonably believes is necessary to ( i ) satisfy any applicable law , regulation , legal process or governmental request , ( ii ) enforce these terms of use , including investigation of potential violations hereof , ( iii ) detect , prevent , or otherwise address fraud , security or technical issues , ( iv ) respond to user support requests , or ( v ) protect the rights , property or safety of vivino , its users and the public .

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: claim under the Lanham Act for misuse of the registration symbol, the district court in fact found that the counterclaimant in that case lacked standing to pursue its claim because it had not sufficiently alleged that it had suffered a competitive business injury. See id. at 757. That the district court dismissed the false advertising claim on narrower grounds does not amount to support for SPI’s theory. 25 . This conclusion is reinforced by the Second Circuit’s observation that “Section 43(a) is intended to reach false advertising violations, not false registration claims.” La So-ciete Anonyme des Parfums le Galion v. Jean Patou, Inc., 495 F.2d 1265, 1270 n. 6 (2d Cir. 1974); see also Pernod Ricard USA LLC v. Bacardi U.S.A., Inc., 505 F.Supp.2d 245, 250, 255-56 (D.Del.2007) (<HOLDING>). 26 . One of plaintiff's witnesses testified Options: A. holding that defendants statement that it owned the rights to a trademark did not give rise to a false advertising claim under the lanham act B. holding in a false advertising case under the lanham act that a proposed disclaimer would not suffice to cure the misleadingness of an advertising claim C. holding that both lanham act false advertising claim and a false advertising claim made under section 349 or section 350 require a showing that the advertisement was false or misleading D. holding that a plaintiff in a lanham act trademark violation action must demonstrate that the defendants violation tended to deceive consumers E. holding that while under a false association claim parties need not be direct competitors under a false advertising claim they do

assistant: The best answer is A. holding that defendants statement that it owned the rights to a trademark did not give rise to a false advertising claim under the lanham act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event either party is required to resort to litigation to enforce its rights under this Agreement, the prevailing party in such litigation will be entitled to collect from the other party all costs, expenses and attorneys’ fees incurred in connection with such action. Notwithstanding any other provision of this Agreement, the provisions of this Section 15.14 shall survive the Closing or earlier termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: power to regulate the channels and instrumentalities of commerce includes the power to prohibit their use for harmful purposes, even if the targeted harm itself occurs outside the flow of commerce and is purely local in nature.”), cert. denied, 546 U.S. 829, 126 S.Ct. 368, 163 L.Ed.2d 77 (2005); United States v. Hornaday, 392 F.3d 1306, 1311 (11th Cir.2004)("Congress clearly has the power to regulate the internet, as it does other instrumentalities and channels of interstate commerce, and to prohibit its use for harmful or immoral purposes regardless of whether those purposes would have a primarily intrastate impact.”), cert. denied, 545 U.S. 1134, 125 S.Ct. 2951, 162 L.Ed.2d 877 (2005); see also United States v. Maxwell, 446 F.3d 1210, 1217-18 (11th Cir.2006) (emphasis added) Options: A. holding it is within congresss authority to regulate all intrastate possession of child pornography not just that which has traveled in interstate commerce or has been produced using materials that have traveled in interstate commerce applying gonzales v raich 545 us 1 125 sct 2195 162 led2d 1 2005 B. recognizing that congress had the power to regulate boxcars that traveled exclusively intrastate because of their inherent mobility and connection to interstate commerce it is no objection to such an exertion of commerce clause power that the dangers intended to be avoided arise in whole or in part out of matters connected with intrastate commerce C. holding that statute which prohibited gun possession near a school zone exceeded congresss authority under the commerce clause because the statute did not regulate activity that had a substantial effect on interstate commerce D. recognizing scarborough holding that commerce nexus satisfied upon showing that possessed firearm had traveled at some time in interstate commerce E. holding that the feloninpossessionofafirearm statute only requires a showing that the firearm at one time traveled through interstate commerce

assistant: The best answer is A. holding it is within congresss authority to regulate all intrastate possession of child pornography not just that which has traveled in interstate commerce or has been produced using materials that have traveled in interstate commerce applying gonzales v raich 545 us 1 125 sct 2195 162 led2d 1 2005
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this Article XII, the provisions of this Article XII shall only apply to a Qualifying Change of Control (as defined below) occurring on or after February 24, 2016 (the “ Special Change of Control Provision Effective Date ”) and shall only be applicable to Participants who were employed by their Employer from or after the Special Change of Control Provision Effective Date. Except as otherwise provided in any Profits Interest Unit Award Agreement entered into after the Special Change of Control Provision Effective Date, the provisions of this Article XII shall be deemed incorporated by reference into all Profits Interest Unit Award Agreements issued under the Plan, including those issued under the Prior Plan.

assistant: Effective Dates
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: reputation as protected by the Pennsylvania Constitution. Id. at 3-4. The court addressed the juveniles’ assertion that SORNA infringed upon their fundamental right to reputation under the Pennsylvania Constitution pursuant to both a substantive due process analysis and the irrebuttable presumption doctrine, finding these claims interrelated. Id. at 11. Like the York County Court, the Monroe County Court concluded that SORNA unconstitutionally utilized an irrebuttable presumption. It observed that, while the adjudication of delinquency involves a hearing on the facts of the crime, no proceeding addresses the juvenile’s likelihood of reoffense, upon which registration is based. B.B. at 32-36 (relying upon Clayton and D.C. v. School District of Philadelphia, 879 A.2d 408 (Pa.Cmwlth.2005) (<HOLDING>)). The court opined that the limited provision Options: A. holding that a students private school tuition should be reimbursed where parent did not unilaterally place student in private school because the school district tacitly consented to the private school attendance before proposing a different placement B. holding that schools have no duty under the due process clause to protect students from assaults by other students even where the school knew or should have known of the danger presented C. holding district court lacked authority to order placement at a school not approved by the state D. holding that an unconstitutional irrebuttable presumption existed where school district automatically excluded from regular classrooms students returning from juvenile delinquency placement or criminal conviction E. holding that school district policy requiring that students obtain the review and approval of school officials prior to distributing any written material violated free speech rights of students

assistant: The best answer is D. holding that an unconstitutional irrebuttable presumption existed where school district automatically excluded from regular classrooms students returning from juvenile delinquency placement or criminal conviction
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 Significant Subsidiary to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence (in the case of the Borrower, in its State of organization) and the rights, licenses, permits, privileges and franchises material to the conduct of its business; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03; and provided further that this Section 5.03 shall not require the Borrower or any Significant Subsidiary to preserve or maintain any rights, licenses, permits, privileges or franchises or require any Significant Subsidiary to maintain its legal existence, in each case, if the Borrower shall reasonably determine that the failure to maintain and preserve the same would not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.

assistant: Existence
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 constitutes the entire employment agreement between Executive and the Company regarding the terms and conditions of Executive’s employment and any amounts due on termination of such employment, with the exception of (i) the Agreement Regarding Employment and Proprietary Information and Inventions between the Company and Executive, (ii) any stock option, restricted stock, restricted stock unit award or other Company stock-based award agreements between Executive and the Company to the extent not modified by this Agreement, (iii) any indemnification agreement referenced in Section 1 and (iv) the Company’s employee benefit plans referenced in Section 3 (c). This Agreement (including the documents described in (i) through (iv) herein) supersedes all prior negotiations, representations or agreements between Executive and the Company, whether written or oral, concerning Executive’s employment by or service to the Company, including without limitation, the Employment Agreement by and between the Company and Executive, dated as of January 1, 2016, which is of no further force or effect as of the Effective Date.

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: 5125, hardly demonstrates that it is “the clear and manifest purpose of Congress” to preempt state bonding requirements through § 5125, the long-standing presumption against preemption, reinforced by this precedent, would seem to demand that we reject an interpretation that would preempt not only Massachusetts’s rule, but virtually all other state regulation. Nonetheless, the fact that a number of circuits have held that the obstacle test in § 5125 precludes other types of state requirements, albeit requirements that were far more sweeping in scope than the focused rule enacted by Massachusetts, suggests that the plain wording of the statute alone may not clearly bar DOT’s current reading. See, e.g., Chlorine Inst., Inc. v. California Highway Patrol, 29 F.3d 495, 497-98 (9th Cir.1994) (<HOLDING>); Northern States Power Co. v. Prairie Island Options: A. holding that the state police is a state agency B. holding that although defendant transferred property which was contaminated by chemicals in violation of state and federal regulations plaintiffs failed to state a claim for breach of warranty against encumbrances C. holding a series of state requirements including escort vehicles special communications equipment and selfcontained breathing apparatus before a party may even transport certain chemicals through that state to be preempted D. holding the state law claims were not preempted E. holding state law fraud and deceit claims to be preempted

assistant: The best answer is C. holding a series of state requirements including escort vehicles special communications equipment and selfcontained breathing apparatus before a party may even transport certain chemicals through that state to be preempted
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: Your initial assignment will be as Chief Medical Officer reporting to Joseph K. Belanoff, M.D., our Chief Executive Officer. This offer is for a full-time position with a start date of March 18, 2019.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless and until the Discharge of Senior Lender Claims has occurred, each First Lien Agent and the Senior Secured Parties shall have the sole and exclusive right, subject to the rights of the Pledgors under the Senior Lender Documents, to adjust settlement for any insurance policy covering the Common Collateral or any other collateral in respect of the Second Priority Claims in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding affecting the Common Collateral or such other collateral. Unless and until the Discharge of Senior Lender Claims has occurred, all proceeds of any such policy and any such award if in respect of the Common Collateral or such other collateral shall be paid (a) first, prior to the occurrence of the Discharge of Senior Lender Claims, to the First Lien Agents for the benefit of Senior Secured Parties pursuant to the terms of the Senior Lender Documents, (b) second, after the occurrence of the Discharge of Senior Lender Claims, to the Second Priority Agents for the benefit of the Second Priority Secured Parties pursuant to the terms of the applicable Second Priority Documents and (c) third, if no Second Priority Claims are outstanding, to the owner of the subject property, such other person as may be entitled thereto or as a court of competent jurisdiction may otherwise direct. If any Second Priority Agent or any Second Priority Secured Party shall, at any time, receive any proceeds of any such insurance policy or any such award in contravention of this Agreement, it shall pay such proceeds over to any First Lien Agent in accordance with the terms of Section 4.2.

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: prison officials based on Ware’s failure to exhaust administrative remedies as required by the Prisoner Litigation Reform Act of 1995, 42 U.S.C. § 1997e(a). We affirm, adding only the following comments. First, Ware has not shown that the district court erred in failing to find that defendants waived the exhaustion requirement. Defendants raised a failure-to-exhaust defense in their answer and in a renewed motion for summary judgment. Ware did not assert any prejudice, nor do we perceive any, as he was on notice of the exhaustion requirement and had ample time to oppose the renewed summary judgment motion. Thus, the district court did not abuse its discretion in considering the defendants’ failure-to-exhaust defense. See Guzman-Rivera v. Rivera-Cruz, 98 F.3d 664, 668 (1st Cir.1996) (<HOLDING>). Also, Ware has not shown that the district Options: A. holding that such a decision was within the trial courts discretion B. holding that laches is an affirmative defense C. holding that decision on waiver of affirmative defense normally is within district courts discretion D. holding burden of proof is on one asserting an affirmative defense E. holding that fair use is an affirmative defense

assistant: The best answer is C. holding that decision on waiver of affirmative defense normally is within district courts discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in an actuarially sound manner in the future and maintain solvency.”). In addition, over 85,000 class members accounting for more than 10 percent of the class have already responded to and taken advantage of the settlement. Tr. 9. Moreove agreement whereby an insured was to receive payment from the insurance company or have premiums reduced in consideration for services provided, or to be provided to the insurance company, did not constitute a rebate if there was a legitimate obligation to perform services of value to the company....”). More specifically, insurance premium discounts given in the context of a lawsuit settlement have been treated as legal and proper under such statutes. See e.g., Fidelity & Cas. Co. of New York v. Nello L. Teer Co., 179 F. Supp. 538 (M.D.N.C. 1960) (<HOLDING>); Cox v. Department of Insurance, 823 P.2d 177, Options: A. holding that employees limited settlement of claims against third party did not extinguish claims of the insurer when employee and insurer had jointly filed suit against third party and settlement agreement provided that insurers claims would remain pending B. holding that an agreement between insurer and insureds whereby insurer reimbursed insureds for costs of providing insurers administrative services did not violate antirebate statutes where agreements were not offered as an inducement to purchase insurance and reimbursements were reasonable in comparison to services rendered C. holding that payment under settlement agreement between insurer and insureds concerning disputed premium claims was a compromise that did not violate antirebate statute D. holding that insurance agents purchase of drinks for prospective insureds did not violate antirebate statute E. holding that insureds demand to insurer was liquidated when insurer did not point to any evidence at trial in support of its contention that damages were disputed

assistant: The best answer is C. holding that payment under settlement agreement between insurer and insureds concerning disputed premium claims was a compromise that did not violate antirebate statute
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: factors: (1) interrelation of operations; (2) centralized control of labor relations; (3) common management; and (4) common ownership or financial control. See Cook v. Arrowsmith Shelburne, Inc., 69 F.3d 1235, 1240 (2d Cir.1995); Bricklayers and Allied Craftworkers Local 2 v. C.G. Yantch, Inc., 316 F.Supp.2d 130, 143 (N.D.N.Y.2003). However, whether a particular defendant can be considered a plaintiffs “employer” is a fact-specific inquiry. Thus, on a motion to dismiss, and therefore a motion to amend futility analysis, the relevant inquiry is whether a defendant has been put “on notice of the theory of employer liability”. See Fowler v. Scores Holding Co., Inc., 677 F.Supp.2d 673, 681 (S.D.N.Y.2009); see also Zhong v. August August Corp., 498 F.Supp.2d 625, 628-29 (S.D.N.Y.2007) (<HOLDING>). Here, the Plaintiffs have put the Defendants Options: A. holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs B. holding that the complaint did not satisfy the notice pleading requirements of federal rule of civil procedure 8a because the complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment C. holding that a complaint that fails to meet the pleading requirements does not invoke the statutory waiver of sovereign immunity D. holding that an flsa complaint is sufficient under the liberal pleading requirements of rule 8a if the pleading enables the defendant to conclude that the plaintiff is asserting that an employeeemployer relationship existed between the parties and alleges that the defendant meets the flsa definition of an enterprise engaged in commerce E. holding that our liberal rules of notice pleading do not require that specific evidentiary detail be alleged in the complaint

assistant: The best answer is D. holding that an flsa complaint is sufficient under the liberal pleading requirements of rule 8a if the pleading enables the defendant to conclude that the plaintiff is asserting that an employeeemployer relationship existed between the parties and alleges that the defendant meets the flsa definition of an enterprise engaged in commerce
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 (together with the Investor Rights Agreement) among the Company and the TCV Holders constitutes the entire agreement among the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings and negotiations, both written and oral, between the Parties with respect to the subject matter hereof or thereof. No representation, inducement, promise, understanding, condition or warranty not set forth in this Agreement (or in any other agreements contemplated hereby) has been made or relied upon by any Party. This Agreement is not intended to confer upon any person other than the Parties any rights or remedies hereunder. This Agreement may not be modified or amended and no provision hereof may be waived except by an instrument or instruments in writing signed by each Party hereto.

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: All consents, approvals, waivers or amendments pursuant to all contracts, licenses, permits, trademarks and other intangibles in connection with the transactions contemplated herein, or for the continued operation of Banjo after the Closing Date shall have been obtained.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not limited to claiming an abstract concept or algorithm (i.e., a mental process) may not be subject to the same requirements. 13 . See also Diehr, 450 U.S. at 184, 101 S.Ct. 1048 ("Industrial processes ... are the types which have historically been eligible to receive the protection of our patent laws.” (emphasis added)); Tilghman v. Proctor, 102 U.S. 707, 722, 26 L.Ed. 279 (1880) (‘‘A manufacturing process is clearly an art, within the meaning of the law.” (emphasis added)); Cochrane v. Deener, 94 U.S. 780, 788, 24 L.Ed. 139 (1876) ("A process is a mode of treatment of certain materials to produce a given result. It is an act, or a series of acts, performed upon the subject-matter to be transformed and reduced to a different state or thing.”). 14 . See AT & T, 172 F.3d at 1355, 1358 (<HOLDING>); State Street Bank, 149 F.3d at 1373 ("[W]e Options: A. holding that the trier of fact must consider the length of time and manner of use of trade dress the nature and extent of its use and efforts made in order to promote a conscious connection in the publics mind between the mark and the particular source of origin B. holding the measure of damages is the difference between the value of the automobile prior to the upset and its value when prepared and presented to the plaintiff for acceptance C. holding the aggregate value of the land and its improvements is the controlling value D. holding that to establish a claim for abuse of process a claimant must demonstrate an act in the use of the process not proper in the regular prosecution of the proceedings E. holding patentable a process that uses the boolean principle in order to determine the value of the pic indicator and that required the use of switches and computers

assistant: The best answer is E. holding patentable a process that uses the boolean principle in order to determine the value of the pic indicator and that required the use of switches and computers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries have filed all federal, state, local and foreign tax returns which have been required to be filed and paid all taxes shown thereon through the date hereof, to the extent that such taxes have become due and are not being contested in good faith, except where the failure to do so would not reasonably be expected to have a Material Adverse Effect. Except as otherwise disclosed in or contemplated by the Registration Statement or the Prospectus, no tax deficiency has been determined adversely to the Company or any Subsidiary which has had, or would have, individually or in the aggregate, a Material Adverse Effect. The Company has no knowledge of any federal, state or other governmental tax deficiency, penalty or assessment which has been asserted or threatened against it which would have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any disagreement or dispute whatsoever shall arise between the parties concerning, arising out of or relating to this Agreement (including the documents referenced herein) or your employment with CBS, the parties hereto agree that such disagreement or dispute shall be submitted to binding arbitration before the American Arbitration Association (the “ AAA ”), and that a neutral arbitrator will be selected in a manner consistent with its Employment Arbitration Rules and Mediation Procedures (the “ Rules ”). Such arbitration shall be confidential and private and conducted in accordance with the Rules. Any such arbitration proceeding shall take place in New York City before a single arbitrator (rather than a panel of arbitrators). The parties agree that the arbitrator shall have no authority to award any punitive or exemplary damages and waive, to the full extent permitted by law, any right to recover such damages in such arbitration. Each party shall bear its respective costs (including attorney’s fees, and there shall be no award of attorney’s fees), provided that if you are the prevailing party (as determined by the arbitrator in his or her discretion), you shall be entitled to recover all of your costs (including attorney’s fees) reasonably incurred in connection with such dispute. Following the arbitrator’s issuance of a final non-appealable award setting forth that you are the prevailing party, CBS shall reimburse you for such costs within thirty (30) days following its receipt of reasonable written evidence substantiating such costs, provided that in no event will payment be made to you later than the last day of the calendar year next following the calendar year in which the award is issued. If there is a dispute regarding the reasonableness of the costs you incur, the same arbitrator shall determine, in his or her discretion, the costs that shall be reimbursed to you by CBS. Judgment upon the final award(s) rendered by such arbitrator, after giving effect to the AAA internal appeals process, may be entered in any court having jurisdiction thereof. Notwithstanding anything herein to the contrary, CBS shall be entitled to seek injunctive, provisional and equitable relief in a court proceeding as a result of your alleged violation of the terms of paragraph 6 of this Agreement, and you hereby consent and agree to exclusive personal jurisdiction in any state or federal court located in the City of New York, Borough of Manhattan.

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: did not present any evidence before the district court to meet his burden of showing that the affidavit, which directly corroborates Johnson’s testimony before the magistrate judge, is false or unreliable. Accordingly, even assuming arguendo that the district court erred, we readily conclude that any error was harmless. B. Credibility of Witnesses The district court’s findings of fact at a revocation hearing are reviewed for clear error. United States v. Almand, 992 F.2d 316, 318 (11th Cir.1993). “The credibility of a witness is in the province of the factfinder and this court will not ordinarily review the factfinder’s determination of credibility.” United States v. Copeland, 20 F.3d 412, 413 (11th Cir.1994); see also United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir.2002) (<HOLDING>). We defer to the lower court’s credibility Options: A. holding that an immigration judge may base a credibility determination on the lack of corroborating evidence if the judge also encounters inconsistencies in testimony contradictory evidence or inherently improbable testimony B. holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others C. holding jury as judge of credibility may believe all some or none of the testimony D. holding in the context of a criminal trial that a courts choice of who to believe is conclusive unless the judge credits exceedingly improbable testimony E. holding that where testimony is inherently improbable the court may choose to disregard it

assistant: The best answer is D. holding in the context of a criminal trial that a courts choice of who to believe is conclusive unless the judge credits exceedingly improbable testimony
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: permitted to speak made statements similar to the one the excluded witness would have made. We hold that the IDC did not violate appellant’s constitutional right to due process by denying him the right to call his third witness. Although the Supreme Court has recognized that “the unrestricted right to call witnesses from the prison population carries obvious potential for disruption,” Wolff, 418 U.S. at 566, 94 S.Ct. at 2979, and that prison disciplinary committees may sometimes deny a defendant the right to call redundant and unnecessary witnesses, see, e.g., Malek v. Camp, 822 F.2d 812, 815 (8th Cir.1987), prison disciplinary committees may not deny a defendant the right to call important witnesses solely for the sake of administrative efficiency. See, e.g., Graham, 772 F.2d at 446 (<HOLDING>); cf. Bartholomew, 665 F.2d at 918 (“A blanket Options: A. holding that a student has a right to counsel in a university disciplinary hearing where there is a pending criminal charge for the same incident but noting that the attorneys role at the disciplinary hearing is limited to safeguarding the students rights at the criminal proceeding and not to affecting the outcome of the disciplinary hearing B. holding that where the conviction was final the disciplinary commission was not authorized to assume the roles of both an accusatory tribunal and the ultimate determiner of guilt and that the separation of responsibility between the disciplinary board and the disciplinary commission provides constitutional due process C. holding that a prison disciplinary committee violated inmates rights to procedural due process by refusing to call their witnesses even though the disciplinary hearing took place in the aftermath of a riot and the resulting disciplinary caseload was ex tremely heavy D. recognizing due process right to notice and informal hearing in school disciplinary process E. holding that prison disciplinary hearing committee members are entitled to qualified immunity

assistant: The best answer is C. holding that a prison disciplinary committee violated inmates rights to procedural due process by refusing to call their witnesses even though the disciplinary hearing took place in the aftermath of a riot and the resulting disciplinary caseload was ex tremely heavy
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: Appellee to remit 100 percent of the $25,000.00 amount of the bond. See Ferlita v. State, 380 So.2d 1118 (Fla. 2d DCA 1980) (strictly construing statutory provisions enacted by legislature for orderly estreature and collection of bail bonds). In support of its decision, the trial court determined that it would be inequitable, under the circumstances, for Leon County to retain any portion of the bond in this matter. Indeed, the Florida Supreme Court has recognized the broad inherent power of a court to do that which is “reasonably necessary for the administration of justice within the scope of its jurisdiction,” even if the judicial act exceeds the apparent limits as set forth in a statute. See White v. Board of County Commissioners of Pinellas County, 537 So.2d 1376 (Fla.1989) (<HOLDING>); Rose v. Palm Beach County, 361 So.2d 135 Options: A. recognizing the inherent power of the courts to issue warrants B. recognizing courts inherent power to impose sanctions including attorneys fees for conduct that abuses the judicial process C. recognizing trial courts inherent power to depart from unrealistic statutory maximum in attorneys fees for representation of indigent defendant where fee cap materially impaired firstdegree murderers constitutional right to competent counsel D. recognizing inherent power of courts of appeals E. holding that trial court has inherent power to allow in extraordinary and unusual cases a departure from statutory fee guidelines when necessary

assistant: The best answer is C. recognizing trial courts inherent power to depart from unrealistic statutory maximum in attorneys fees for representation of indigent defendant where fee cap materially impaired firstdegree murderers constitutional right to competent counsel
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 notices, requests, demands, and all other communications required or permitted by either party to the other party by this Agreement (including, without limitation, any notice of termination of employment and any notice of an intention to arbitrate) shall be in writing and shall be deemed to have been duly given when delivered personally or received by certified or registered mail, return receipt requested, postage prepaid, at the address of the other party, as first written above (directed to the attention of the Board of Directors and Corporate Secretary in the case of the Corporation ). Either party hereto may change its address for purposes of this Section 8 by giving fifteen (15) days’ prior notice to the other party hereto.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may change our service plans and the price of our service from time to time ; however , any price changes or changes to our service plans will apply to you no earlier than 30 days following notice to you .

assistant: Unilateral change