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: in conjunction with Best’s fee petition, this court finds that the number of hours (376.7) Best spent on these matters was excessive, and suspects that much of it was duplicative. The court therefore grants Defendants’ request to reduce the billable hours Best spent writing the Level II brief to eleven, and reduces the remaining hours by fifty percent (177.85 hours). CONCLUSION For the foregoing reasons, in light of all the relevant factors, the court awards Plaintiffs attorney’s fees of $46,954.75, and costs of $1970, for a total of $48,924.75. 1 . Although an appeal from its order is currently pending, this court still has jurisdiction over the issue of attorney's fees. Kusay v. United States, 62 F.3d 192, 194 (7th Cir.1995) (citing Terket v. Lund, 623 F.2d 29, 33-34 (7th Cir.1980) Options: A. holding that the mere determination that removal was improper does not require a district court to award attorneys fees B. holding that it is proper for a district court to considered sic the possibility that an appeal may result in the award of attorneys fees in determining the appeal bond amount C. holding that a court may award attorneys fees under rule 41d D. holding that a district court may award attorneys fees while the merits are on appeal E. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees

assistant: The best answer is D. holding that a district court may award attorneys fees while the merits are on appeal
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: AXOGEN hereby employ s Employee, and Employee hereby accepts such employment, beginning March 14 , 2016, all upon the terms and conditions set forth in this Agreement, including those set forth in the attached Schedules and Exhibits.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) . (a) The Borrower and each other Loan Party irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether in contract or in tort or otherwise, against the Administrative Agent, the Collateral Agent, any Lender, or any Affiliate of the foregoing in any way relating to this Agreement or any other Loan Document or the transactions relating hereto or thereto, in any forum other than the courts of the State of New York sitting in New York County, and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by applicable law, in such federal court. Each of the parties hereto agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement or in any other Loan Document shall affect any right that the Administrative Agent, any Issuing Bank or any Lender may otherwise have to bring any action or proceeding relating to this Agreement or any other Loan Document against the Borrower or any other Loan Party or its properties in the courts of any jurisdiction.

assistant: Jurisdictions
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 questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by the internal laws of the State of Delaware, United States of America, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Delaware or any other jurisdictions) that would cause the application of the laws of any jurisdictions other than the State of Delaware. If any provision of this Agreement shall be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement in that jurisdiction or the validity or enforceability of any provision of this Agreement in any other jurisdiction.

assistant: Governing 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 legal provision and list the applicable contract clause categories. Provision: The Executive and his eligible dependents shall be eligible to participate in the employee benefit plans that are available or that become available to other employees of the Company, with the adoption or maintenance of such plans to be in the discretion of the Company, subject in each case to the generally applicable terms and conditions of the plan or program in question and to the determination of any committee administering such plan or program. Such benefits shall include participation in the Company’s group medical, life, disability, and retirement plans, and any supplemental plans available to senior executives of the Company from time to time. The Company reserves the right to change or terminate its employee benefit plans and programs at any time.

assistant: Benefits
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: MORTGAGOR AND MORTGAGEE HEREBY AGREE NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND FOREVER WAIVE ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST, WITH REGARD TO THE NOTE, THIS MORTGAGE OR THE OTHER LOAN DOCUMENTS, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY MORTGAGOR AND MORTGAGEE AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD OTHERWISE ACCRUE. MORTGAGEE AND MORTGAGOR EACH ARE HEREBY AUTHORIZED TO FILE A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Board may grant options to purchase Common Stock (each, an “ Option ”) and determine the number of shares of Common Stock to be covered by each Option, the exercise price of each Option and the conditions and limitations applicable to the exercise of each Option, including conditions relating to applicable federal or state securities laws, as it considers necessary or advisable. An Option that is not intended to be an Incentive Stock Option (as hereinafter defined) shall be designated a “ Nonstatutory Stock Option ”.

assistant: General
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: public interest in avoiding confusion outweighs the public interest in free expression____[T]he public interest in free expression should prevail if the use of the celebrity’s image has artistic relevance, unless it is used in such a way that it explicitly misleads as to the source of the work.” ETW Corp. v. Jireh Pub., Inc., 332 F.3d 915, 928 (6th Cir.2003). The Court already has addressed the artistic merits of the Game and concluded that it is entitled to First Amendment protection. The question thus becomes whether Defendants use the Song in a way that explicitly misleads the public as to its source. Neither the Game nor any of its promotional materials “contains [any] explicit indication that [Plaintiffs] endorsed the [Game] or had a role in producing it.” Rogers, 875 F.2d at 1001 (<HOLDING>). Further, “consumers are not exposed to the Options: A. holding that a statute stating that a city ordinance may not make unlawful a condition or act approved or authorized under the act or the commissions rules or orders was unmistakably clear B. holding that a film titled ginger and fred did not explicitly mislead consumers into believing that ginger rogers endorsed or approved of the film C. holding that home purchased with separate funds and titled in one spouses name was transmuted into marital property because home was used as marital residence and the other spouse contributed to payments and repairs on home D. recognizing that use of the then approved shotgun instruction would be improper if it coerced jury into agreement or unduly hastened their consideration E. holding that trustee could not have breached settlement agreement pending court approval by engaging in behavior violative of the agreement since bankruptcy court formally endorsed trustees course of action

assistant: The best answer is B. holding that a film titled ginger and fred did not explicitly mislead consumers into believing that ginger rogers endorsed or approved of the film
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the several counties and Baltimore City of a portion of the fee collected for filing a security interest with the Motor Vehicle Administration; eliminating the requirement necessitating the payment of the recordation tax in addition to filing a security interest with the Motor Vehicle Administration as a condition to perfecting a security interest; clarifying the hearing procedures for action for damages for any person sustaining a loss or damage resulting from an omission or mistake, or error in the proper filing and recording of a security interest by an employee of the Motor Vehicle Administration in the execution of his duties; and clarifying language.” Ch. 312 of the Laws of 1975. 6 . Ch. 14 of the Acts of 1977. 7 . See City Pass. Ry. Co. v. Baer, 90 Md. 97, 44 A. 992 (1899) (<HOLDING>). 8 . In Kee v. State Highway Admin., we Options: A. holding in a suit for injuries sustained while attempting to board a trolley car that sick benefits received by plaintiff from any source other than from defendant were not to be considered by jury in arriving at their verdict B. holding proprietor of a tavern was not liable to officer who sustained injuries caused by a patron while the officer was attempting to make an arrest C. holding um policy provider was the proper source of loss benefits for injuries sustained when claimants car was struck while he was seated in his car with his left foot still on the ground D. holding that the verdict must be sustained if there is any competent evidence to support the verdict E. holding that a jury verdict will be sustained on any reasonable theory based on the evidence

assistant: The best answer is A. holding in a suit for injuries sustained while attempting to board a trolley car that sick benefits received by plaintiff from any source other than from defendant were not to be considered by jury in arriving at their verdict
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. 278, 317 S.W.2d 916, 921-22 (1958), in which the supreme court held that the plaintiffs overt act in seeking out a juror and asking her to “do all you can to help me” was sufficient to demonstrate probable harm. The McCaslin court noted that “[a] juror’s disavowal of influence derived from misconduct is not a proper inquiry.” Id. at 920. Instead, the court explained, the presence or absence of injury “must be drawn from overt acts such as conversations and physical actions, i.e., what was said and done.” Id. The Losiers argue that the jurors undoubtedly knew the paralegal, Monica Lee, worked for the defendants’ attorneys because she was introduced in voir dire, and therefore the juror, Robert Mulvey, was aware of her relationship to the defendants. Cf. Mercado, 106 S.W.3d at 397 (<HOLDING>). The Losiers further contend that because the Options: A. holding that there could be no conscious or subconscious influence from shadow jurors contact with juror when juror was unaware of shadow jurors affiliation with a party B. holding that trial courts denial of motion for new trial based on juror misconduct was justified where there was no evidence presented at hearing on motion that juror had knowingly concealed relevant litigation experience during voir dire and identity of juror as county court litigant was not demonstrated C. holding that when a defendant alleges that an unauthorized contact with a juror has tainted a trial a hearing must be held D. holding statute stating that judge could excuse jurors was violated when jury commissioners excused jurors E. holding that rule 606b precludes a party seeking a new trial from using one jurors affidavit of what another juror said in deliberations to demonstrate the other jurors dishonesty during voir dire

assistant: The best answer is A. holding that there could be no conscious or subconscious influence from shadow jurors contact with juror when juror was unaware of shadow jurors affiliation with a party
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: stating that Bill’s Forestry owed the IRS $161,502.69. By May 1989, Bill’s Forestry had collected approximately 94% of the crew members’ signatures on 4669 Forms, and it filed those with the IRS. Thereafter, negotiations between Bill’s Forestry and the IRS broke down. Relying on Agent Brown’s report and before reviewing the 4669 Forms, the IRS issued a letter to Bill’s Forestry “proposing adjustments” (an increase) in the amount of $161,502.69 to Bill’s Forestry’s taxes. Bill’s Forestry appealed. Bill’s Forestry, through counsel, notified IRS Appeals Officer Steve Cantrell that it considered the IRS’s position to be contrary to Grady Felder Trucking Co. v. United States, 218 Ct.Cl. 645 (1978), and Jones v. United States, 79-1 U.S. Tax Cases (CCH) ¶ 9,120, 1978 WL 1245 (E.D.Tex.1978) (<HOLDING>), rev’d in part, 613 F.2d 1311 (5th Cir.1980) Options: A. holding that the determination of whether an individual is an independent contractor lies in the common law and not under an express provision of the act B. holding that a tree cutter was an independent contractor not an employee for purposes of the taxpayers withholding of income fica and futa taxes but denying the taxpayer attorneys fees incurred in litigating the action C. holding that under the mwa the question of whether an employee was an independent contractor or an employee was a question of statutory interpretation D. holding that plaintiffs are entitled to attorneys fees for time spent litigating the fees issue on appeal under title viis attorneys fee provision E. holding that when the insured brings an action for a declaration of coverage and prevails absent a bad faith denial of coverage by the insurer attorneys fees incurred by the insured in the prosecution of that action are not incurred at the request of the insurer

assistant: The best answer is B. holding that a tree cutter was an independent contractor not an employee for purposes of the taxpayers withholding of income fica and futa taxes but denying the taxpayer attorneys fees incurred in litigating the action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: (a) All Confidential Information of Disclosing Party is and will remain the property of Disclosing Party. Nothing contained in this Agreement will be construed as granting or conferring any rights by license or otherwise, either express, implied or by estoppel, to any Confidential Information of Disclosing Party, or under any patent, copyright, trademark or trade secret of Disclosing Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Class B Member, on the one hand, and the Company and the Class A Member, on the other hand, may (a) extend the time for the performance of any of the obligations or other acts of the other party, (b) waive any inaccuracies in the representations and warranties of the other party contained herein or in any document delivered by the other party pursuant hereto, or (c) waive compliance with any of the agreements of the other party or conditions to such party’s obligations contained herein. Any such extension or waiver shall be valid only if set forth in an instrument in writing signed by the party to be bound thereby. Any waiver of any term or condition shall not be construed as a waiver of any subsequent breach or a subsequent waiver of the same term or condition, or a waiver of any other term or condition of this Agreement. The failure of a party to assert any of its rights hereunder shall not constitute a waiver of any of such rights.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a termination of the Term of Employment pursuant to any of Sections 5.3, 5.4 or 5.5 above, a condition precedent to the Company's obligation to make or continue to make the payments associated with such termination and/or to provide the continued vesting under Section 5.7 shall be your execution and delivery to the Company of a release of all claims you may have against the Company, its affiliates and their related persons arising out of or in connection with your employment or termination of employment, including but not limited to, a release of all claims of discrimination, in substantially the form attached hereto as Exhibit A (as such form may be updated in the discretion of the Company provided that it does not add any new material obligations by you without your consent). The Company will deliver such release to you at or about the time it delivers or receives the notice of termination, and you will execute and deliver such release to the Executive Vice President, Human Resources or his or her designee within twenty-one (21) days thereafter (or forty-five (45) days if required by law). Subject to any delay required in accordance with Section 10.13, the Company will begin to make any severance payments due to you pursuant to Sections 5.3. 5.4. or 5.5 above on the next administratively feasible payroll date following the termination of your employment; however, if you fail to execute and deliver such release to the Company within the 21-day period (or forty-five (45) day period if required by law), or if you revoke your consent to such release as provided therein, you will not be eligible to receive any further payments from the Company and you will be obligated to return to the Company all severance payments received pursuant to Sections 5.3, 5.4 or 5.5 within ten (10) business days after receipt of notice pursuant to Section 10.1.

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 case excerpt and choose the best holding from the options. Case excerpt: must be construed against Thor Gallery See Zions First Nat. Bank, 316 Ga. App. at 753 (4) (a). While the letter did identify Monger’s failure to pay rent as a ground for default, in fact at that time Monger was not in breach of any provisions regarding rent payment, as Thor Gallery subsequently conceded, because Monger’s obligation to pay rent under the lease had not yet begun. Because there is no evidence that Thor Gallery provided Monger with notice of and an opportunity to cure the breaches it alleges in its complaint, as required by the lease, the trial court did not err in denying summary judgment to Thor Gallery and granting summary judgment to Monger on Thor Gallery’s breach of contract and breach of guaranty claims. See Zions First Nat. Bank, 316 Ga. App. at 753 (4) (a) (<HOLDING>). (b) Monger’s counterclaim. In its Options: A. holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact B. holding that notice provision of cwa was satisfied where district court stayed the proceedings for 60 days in order to cure the procedural default C. holding that party must comply with notice and cure provisions before seeking remedy for default under contract D. holding default was the appropriate remedy for failure to comply with numerous court orders and discovery requests E. holding that complaint alleging that creditors failed to comply with the notice provisions contained in the security deed stated a claim for breach of contract

assistant: The best answer is C. holding that party must comply with notice and cure provisions before seeking remedy for default under contract
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: district court should not have dismissed their claims against T/C LLC with prejudice. In Cole v. First National Bank of Fort Smith, 304 Ark. 26, 800 S.W.2d 412, 413-14 (1990), the Arkansas Supreme Court held that the plaintiff had completed service for purposes of the savings statute when it sent the complaint and summons by certified mail addressed to the defendant at his post office box, and the defendant’s stepdaughter accepted service and signed the return receipt. Although the trial court found that service had been perfected, the Arkansas Supreme Court held that the defendant’s stepdaughter was not his agent and thus that service had not been perfected. Id. at 414. Nevertheless, the Arkansas Supreme Court held that the savings statute applied. Id. Somewhat similarly, 52 (1994) (<HOLDING>). We believe that the Arkansas Supreme Court Options: A. recognizing texas procedural rules and due process dictate judgment may not be rendered unless defendant was served waived service or made general appearance B. holding that the plaintiffs did not complete service for purposes of the savings statute when they served the defendant with a complaint signed by an unlicensed attorney a nullity under arkansas law and made no attempt to serve the defendant with the amended complaint C. holding that the plaintiff did not complete service when she made no attempt to serve the defendant within the time required by the arkansas procedural rules D. holding that the defendants failure to timely serve a notice of appeal and docketing statement did not prejudice the plaintiff and therefore would not serve as a basis to dismiss the appeal E. holding that the district court did not abuse its discretion when it dismissed the case without prejudice because the plaintiff failed to properly serve the defendant within 120 days after filing the complaint

assistant: The best answer is C. holding that the plaintiff did not complete service when she made no attempt to serve the defendant within the time required by the arkansas procedural rules
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Lenders (for purposes of this Article IX , references to the Lenders shall also mean the Swingline Lender) hereby irrevocably appoints Fifth Third to act on its behalf as the Administrative Agent hereunder and under the other Credit Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Except as set forth in Section 9.6 , the provisions of this Article IX are solely for the benefit of the Administrative Agent and the Lenders, and neither the Borrower nor any other Credit Party shall have rights as a third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” (or any other similar term) herein or in any other Credit Document with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations under agency doctrine of any applicable law. Instead, such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: him. Id. (emphasis added). The legislative history indicates that § 426.30 is applicable to the case at bar. It states: Paragraph (2) of subdivision (b) permits a party to default without waiving any cause of action. If the party does not desire to defend the action and a default judgment is taken, it would be unfair if an additional consequence of such default were that all related causes of action the party had would be waived and extinguished. Leg. Comm. Comment-Senate 1971 Addition. Based on the plain language of the statute and the clarity of the legislative history, the Court has no difficulty concluding that the Defendant is not barred by the Californ ourt holds that the contract is unenforceable, and this comports with numerous other courts. See In re Price, 313 B.R. 805 (<HOLDING>); Bowden v. Structured Investments Co., L.L.C. Options: A. holding that a debtors 522d1 exemption was invalid when the debtor exempted proceeds from the prepetition sale of the debtors marital home which were paid to a judgment creditor with an attachment on the debtors interest in the home B. holding that a tax sale conducted after filing of petition in bankruptcy is void C. holding that sale of debtors pension was void as prohibited by 701c D. holding that sale of debtors boat was not made in commercially reasonable manner E. holding that the delivery of the deed following a foreclosure sale was a ministerial act that was not prohibited by the automatic stay

assistant: The best answer is C. holding that sale of debtors pension was void as prohibited by 701c
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 payment is not paid within ten (10) days of when due under this Note or any of the other Loan Documents, Borrower agrees to pay to Lender a late payment fee of five percent (5%) of the payment amount with a minimum fee of $20.00. After an Event of Default, Borrower agrees to pay to Lender a fixed charge of $25.00, or Borrower agrees that Lender may, without notice, increase the Interest Rate by five percentage points (5.00%) (the “ Default Rate ”) for the period of time the default is continuing. Lender may impose a non-sufficient funds fee for any check that is presented for payment that is returned for any reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by Seller of this Agreement and the transactions contemplated hereby and thereby (a) have been duly authorized by all necessary officers or managers of Seller, (b) do not contravene the terms of Seller’s organizational documents, or any amendment thereof, (c) do not materially violate, conflict with or result in any material breach or contravention of, or the creation of any Lien under, any contractual obligation of Seller or any Requirement of Law applicable to Seller, and (d) to the knowledge of Seller, do not materially violate any Orders of any Governmental Authority against, or binding upon, Seller.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: LANDLORD AND TENANT EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY THAT THE PREMISES ARE SUITABLE FOR TENANT’S INTENDED COMMERCIAL PURPOSE, AND TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TENANT SHALL CONTINUE TO PAY THE RENT, WITHOUT ABATEMENT, DEMAND, SETOFF OR DEDUCTION, NOTWITHSTANDING ANY BREACH BY LANDLORD OF ITS DUTIES OR OBLIGATIONS HEREUNDER, WHETHER EXPRESS OR IMPLIED. TO THE EXTENT ALLOWED BY LAW, Tenant WAIVES THE BENEFIT OF ANY CONSUMER PROTECTION LAWS.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that just as the IJ may not rely on his or, her own speculation and conjecture, neither may the IJ rely on the speculation and conjecture of a government report. The conclusions in Agent Schultz’s report derive from his analysis of general trends and conditions in Sri Lanka, not from individualized facts about Suntharalinkam or the evi dence presented before the IJ. Moreover, the IJ must conduct an individualized credibility analysis, and it is improper to rely exclusively on a general assertion in a government report to declare an applicant not credible. See Ge, 367 F.3d at 1126 (to the extent that the IJ relied on blanket statements in the State Department report regarding detention conditions in China, the IJ’s finding was not sufficiently individualized); Shah, 220 F.3d at 1069 (<HOLDING>). Here, Schultz bases his conclusion that Options: A. holding that an ij may not use general information contained in a state department report to discredit specific testimony regarding an applicants personal experience B. holding that an ij need not first identify the particular pieces of missing relevant evidence and show that this evidence was reasonably available to the applicant when he or she is not otherwise credible C. holding that an ij made an explicit credibility when the ij found testimony not credible based on several enumerated inconsistencies D. holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible E. holding that the ij may not rely on a factually unsupported assertion in a state department report to deem an applicant not credible

assistant: The best answer is E. holding that the ij may not rely on a factually unsupported assertion in a state department report to deem an applicant not credible
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: 9.5 in certain circumstances , airbnb may decide , in its sole discretion , that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions .

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 456 U.S. 430 102 S.Ct. 1865 72 L.Ed.2d 237 John O'DELL et al., Petitioners,v.Andrew ESPINOZA, etc. et al. No. 81-534. Argued April 26, 1982. Decided May 3, 1982. PER CURIAM. 1 Under 28 U.S.C. § 1257, this Court has jurisdiction to review only "[f]inal judgments or decrees rendered by the highest court of a State in which a decision could be had." Because the Colorado Supreme Court, 633 P.2d 455, remanded this case for trial, its decision is not final "as an effective determination of the litigation." Market Street R. Co. v. Railroad Comm'n of Cal., 324 U.S. 548, 551, 65 S.Ct. 770, 773, 89 L.Ed. 1171 (1945). Although there is a limited set of situations in which we have found finality as to the federal issue despite the ordering of further proceedings in the lower state courts, see Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 95 S.Ct. 1029, 43 L.Ed.2d 328 (1975), this case does not fit into any of those categories. We therefore dismiss for want of jurisdiction. 2 It is so ordered.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In case any one or more of the provisions contained in this Guaranty Supplement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and in the Guaranty shall not in any way be affected or impaired thereby (it being understood that the invalidity of a particular provision in a particular jurisdiction shall not in and of itself affect the validity of such provision in any other jurisdiction). The parties hereto shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

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 case excerpt and choose the best holding from the options. Case excerpt: these and other prosecutions where the only evidence of the defendant’s guilt is circumstantial. In addition to the infirmities in the substance of the “reasonable speculation” rule, the panel’s use of another circuit court’s precedent to grant habeas relief is troubling given AEDPA’s requirement that the state court’s error be measured against “clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1) (emphasis added). Indeed, the Supreme Court has repeatedly cautioned that if it has not recognized a particular circuit court legal standard, a state court’s failure to follow that standard cannot compel the grant of habeas relief. See, e.g., Knowles v. Mirzayance, — U.S. -, -, 129 S.Ct. 1411, 1419, 173 L.Ed.2d 251 (2009) (<HOLDING>); Carey v. Musladin, 549 U.S. 70, 76-77, 127 Options: A. holding that federal habeas relief is unavailable based upon the application of a specific legal rule that has not been squarely established by this court B. holding that federal habeas relief is not available to correct errors of state law C. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states D. holding that when a state court adjudication is contrary to clearly established supreme court precedent this court must review de novo whether petitioner is entitled to habeas relief E. holding that habeas is unavailable where the court of appeals could have heard the claims presented through another avenue of relief

assistant: The best answer is A. holding that federal habeas relief is unavailable based upon the application of a specific legal rule that has not been squarely established by this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof. This Agreement may not be modified or amended, in whole or in part, except by an agreement in writing signed by each of the parties hereto, or their respective successors or assignees.

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: Mr. Mayberry remain at L4 status, determined that Mr. Mayberry should retroactively be demoted to LI status for disciplinary reasons and should suffer a consequent loss of good-time credits. The auditor removed those credits without notice, without a hearing, and without a disciplinary committee’s determination that Mr. Mayberry had committed an infraction, violating both state law and the procedures set forth in Waldon and Wolff. The district court erred in holding that Mr. Mayberry had no liberty interest in the good-time credits due to the auditor’s opinion that they were “mistakenly” earned, and must be reversed. Because the DOC removed the credits without notice or an opportunity for a hearing, it must restore the credits. See Brown v. Smith, 828 F.2d 1493, 1495 (10th Cir.1987) (<HOLDING>). The motion to proceed in forma pauperis in Options: A. holding that inmates serving life terms were not entitled to goodtime credits because state statute expressly foreclosed the granting of goodtime credits to such inmates B. holding that a prisoner cannot be deprived of a protected liberty interest in goodtime credits without procedural due process C. holding that a prisoner who challenged prison procedures used to deny him goodtime credits and not actual denial of those credits stated a cognizable claim under 1983 D. holding that depriving inmates of statecreated right to goodtime credits in prison disciplinary proceedings requires due process E. holding that inmate who demonstrates that due process rights were violated may use 2241 as remedy to restore goodtime credits

assistant: The best answer is E. holding that inmate who demonstrates that due process rights were violated may use 2241 as remedy to restore goodtime credits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree that certain matters in which the Executive will be involved during the Employment Term may necessitate the Executive’s cooperation in the future. Accordingly, following the termination of the Executive’s employment for any reason, to the extent reasonably requested by the Board, the Executive shall cooperate with the Company in connection with matters arising out of the Executive’s service to the Company; provided that, the Company shall make reasonable efforts to minimize disruption of the Executive’s other activities. The Company shall reimburse the Executive for reasonable expenses incurred in connection with such cooperation and, to the extent that the Executive is required to spend substantial time on such matters, the Company shall compensate the Executive at an hourly rate.

assistant: Cooperation
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 term “transfer,” when used in this Article XI with respect to a Partnership Interest or a Partnership Unit, shall be deemed to refer to a transaction by which the General Partner purports to assign all or any part of its General Partnership Interest to another Person or by which a Limited Partner purports to assign all or any part of its Limited Partnership Interest to another Person, and includes a sale, assignment, gift, pledge, encumbrance, hypothecation, mortgage, exchange or any other disposition by law or otherwise. The term “transfer” when used in this Article XI does not include any redemption or repurchase of Partnership Units by the Partnership from a Partner (including the General Partner), acquisition of Partnership Units from a Limited Partner by the General Partner pursuant to Section 8.06 hereof or otherwise or any conversion of LTIP Units into Class A Units. No part of the interest of a Limited Partner shall be subject to the claims of any creditor, any spouse for alimony or support, or to legal process, and may not be voluntarily or involuntarily alienated or encumbered except as may be specifically provided for in this Agreement.

assistant: Definitions
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: 8.3 upon termination of the license , the licensee shall cease all use of the service and destroy all copies , full or partial , of the service in the licensee 's possession .

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: review. 5 M.R.S. § 9061 (2005); 1 M.R.S. § 407(1) (2005); Hannum v. Bd. of Envtl. Prot., 2003 ME 123, ¶ 12, 832 A.2d 765, 769. Findings may be insufficient if they merely state a conclusion using the terms of the relevant statute. See Bayley v. Bayley, 602 A.2d 1152, 1154 (Me.1992); In re Amber B., 597 A.2d 937, 938 (Me.1991). A. Operated Primarily for Religious Purposes [¶ 11] Schwartz contends that the Commission erred in finding that the Mission is operated primarily for religious purposes within the meaning of 26 M.R.S. § 1043(ll)(F)(21)(a). We disagree. There is substantial evidence in the record to support the finding that the Mission’s purposes are primarily religious, including: (1) the Sunbeam, a boat prominently featuring a ent Sec., 393 Mass. 731, 473 N.E.2d 196, 199 (1985) (<HOLDING>). [¶ 13] The Mission was originally established Options: A. recognizing that because the state has cognizable interests in the safety of children in its jurisdiction neglectful parents may be separated from their children B. holding wife unreasonably exposed neighbors children to danger because she invited the children over in spite of knowing her husband had molested children in the past C. holding that the governments interest in the welfare of children embraces not only protecting children from physical abuse but also protecting childrens interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents D. holding order awarding grandparents temporary custody of children invalid when order did not include fact finding of serious immediate question concerning welfare of the children court was not presented with record of hearing and application for habeas corpus made no allegation of serious immediate question concerning welfare of children E. holding that a center for mentally retarded children established by the sisters of st francis of assisi was exempt from unemployment taxation and emphasizing that allowing children of any religious belief to enroll in the program was consistent with its purpose to promote the spiritual social and physical welfare of mentally retarded children

assistant: The best answer is E. holding that a center for mentally retarded children established by the sisters of st francis of assisi was exempt from unemployment taxation and emphasizing that allowing children of any religious belief to enroll in the program was consistent with its purpose to promote the spiritual social and physical welfare of mentally retarded children
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and ongoing violation of the Federal right.” Because the PLRA directs a district court to look to current conditions, and because the existing record at the time the motion for termination is filed will often be inadequate for purposes of this determination, t §§ 3626(b)(2) and (3), read together, to mean that, when the plaintiffs so request in response to a defendant’s motion for termination, the district court must allow the plaintiffs an opportunity to show current and ongoing violations of their federal rights.”); Tyler v. Murphy, 135 F.3d 594, 597 (8th Cir.1998) (agreeing with the argument that proponents of prospective relief under the PLRA must be given an opportunity on remand to present evidence supporting such relief). But see Cagle v. Hutto, 177 F.3d 253, 258 (4th Cir.1999) (<HOLDING>), cert. denied, 530 U.S. 1264, 120 S.Ct. 2723, Options: A. holding a coa applicant forfeited a claim of error in district courts failure to hold an evidentiary hearing by not seeking a hearing in his 2254 proceeding B. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing C. holding that 3626b3 does not require a district court to hold an evidentiary hearing in all cases although noting that a district court may do so in appropriate circumstances and stating that a hearing is mandated if the party opposing termination alleges specific facts which if true would amount to a current and ongoing constitutional violation D. holding that the supreme court does not require an evidentiary hearing in every case E. holding that the state courts factfinding procedure was adequate even though it did not hold an evidentiary hearing because hearing as used in 2254d does not require a trialtype hearing at which live testimony is presented and the accused has the opportunity to crossexamine witnesses

assistant: The best answer is C. holding that 3626b3 does not require a district court to hold an evidentiary hearing in all cases although noting that a district court may do so in appropriate circumstances and stating that a hearing is mandated if the party opposing termination alleges specific facts which if true would amount to a current and ongoing constitutional violation