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: notice of the filing of an order by facsimile and on the same day was also served with notice by mail. 633 N.W.2d 852, 854 (Minn. 2001). In considering whether the appeal was properly taken from the judgment entered on the post-trial motions, we noted that the appellant “would have had an additional 3 days to file his notice of appeal if it had only been mailed." Id. at 854 n.1 (emphasis added). We did not decide whether one form of service or the other was controlling because the appellant's "appeal from notice served by fax was still timely.” Id.; see State v. Hess, 684 N.W.2d 414, 421 n.6 (Minn. 2004) ("Considerations made in a judicial opinion that are unnecessary to the decision in the case are dicta.”); State Bank of Rose Creek v. Commerce Comm’n, 305 N.W.2d 794, 797 (Minn. 1981) (<HOLDING>). 8 . As the dissent recognizes, this appeal Options: A. holding that a notice of appeal filed in an adversary proceeding could not appeal the main proceeding B. holding that the longer appeal period from a judgment controlled over the shorter appeal period in a certiorari proceeding when the two proceedings were consolidated in the district court and the certiorari proceeding was not an independent proceeding C. holding that where an action is brought by the debtors at the initial proceeding the appeal of that action is not a continuing proceeding against the debtors D. holding that a workers compensation proceeding is a legal proceeding E. holding that 3582 proceeding is criminal in nature and tenday appeal period applies

assistant: The best answer is B. holding that the longer appeal period from a judgment controlled over the shorter appeal period in a certiorari proceeding when the two proceedings were consolidated in the district court and the certiorari proceeding was not an independent proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of New York, without giving effect to principles or conflicts of law and any proceedings arising among the parties in any manner pertaining or relating to this Agreement shall be heard solely in the state and/or federal courts located in New York. Each party agrees that all legal proceedings concerning the transactions contemplated hereby shall be commenced in the state and federal courts sitting in the City of New York, Borough of Manhattan (the “New York Courts”). Each party hereto irrevocably submits to the exclusive jurisdiction of the New York Courts for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that is not personally subject to the jurisdiction of any court, or such New York Courts are improper or inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it hereunder and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating hereto. If either party shall commence an action or proceeding to enforce any provisions hereof, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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 case excerpt and choose the best holding from the options. Case excerpt: risk inadvertently foreclosing his right to pursue certain constitutional claims by ignorantly filing a petition that excluded those claims. After McCleskey, however, this is precisely the “trap for the unwary pro se petitioner” of which Justice Blackmun warned. Since a prisoner has no right to counsel in habeas proceedings, see Coleman, — U.S. at -, 111 S.Ct. at 2566, the initial habeas petition is typically filed pro se, or at best with the assistance of jailhouse lawyers who are notoriously unreliable. The absence of a right to counsel in habeas proceedings means that lack of counsel does not constitute cause under the McCleskey rule for a pro se petitioner’s failure to raise a claim in his initial habeas petition. See, e.g., Rodriguez v. Maynard, 948 F.2d 684, 688 (10th Cir.1991) (<HOLDING>). Thus, a petitioner’s initial pro se habeas Options: A. holding petitioners pro se status did not constitute adequate cause for failure to raise claims earlier B. holding that this court was unable to reach alleged errors where pro se appellant did not provide an adequate record C. holding that pro se status does not in itself constitute an extraordinary circumstance meriting tolling D. holding that pro se petitioners need not raise issues in ins terms but may raise them as they may have understood them E. holding a court can restrict future pro se pleadings if it first provides a pro se litigant notice and an opportunity to respond

assistant: The best answer is A. holding petitioners pro se status did not constitute adequate cause for failure to raise claims earlier
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Plaintiffs’ negligence claims. Further, the complained-of acts that allegedly caused the decedent’s emotional distress and pain and suffering took place prior to his death, and the decedent eould have filed an FHA claim before he died. Even in the “unusual” event where the emotional distress and pain and suffering occurred at a time close to his death, following the Eleventh Circuit’s reasoning in Estate of Gilliam, the Court finds that the operation of Florida’s survival law to preclude recovery for the decedent’s pain and suffering and emotional distress under'the FHA in this case is not inconsistent with the purposes of the FHA, which is remedial in nature. See Walters v. Cowpet Bay W. Condo. Ass’n, No. CV 2012-24, 2012-25, 2013 WL 2988021 at *5-*6 (D.V.I. June 14, 2013) (<HOLDING>).-’ Plaintiffs’ reliance on Ambmster does not Options: A. holding that a wide application was required given the legislative intent for the remedial provisions of the act B. holding that the provisions of the federal fair housing act 42 usca 36013631 1977 which are similar to the provisions in the dade county code are not penal in nature or effect C. holding that fha claim survives death of a defendant because the provisions are remedial not penal D. recognizing that because the drafters of the connecticut penal code relied heavily upon the penal code of new york it is appropriate to look to new york statutory and case law for guidance in interpreting connecticut penal code E. holding that such provisions are valid

assistant: The best answer is C. holding that fha claim survives death of a defendant because the provisions are remedial not penal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower is not a party to any agreement or instrument or subject to any restriction which could materially and adversely affect Borrower or the Property, or Borrower’s business, assets or properties, operations or condition (financial or otherwise). Borrower is not in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any Permitted Encumbrance or any other agreement or instrument to which it is a party or by which Borrower or the Property is bound. Borrower has no material financial obligation (contingent or otherwise) under any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which Borrower is a party or by which Borrower or the Property is otherwise bound, other than (a) obligations incurred in the ordinary course of the operation of the Property as permitted under Section 3.1.24(d) hereof and (b) obligations under the Loan Documents.

assistant: 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: provided specific, clear, and co symptoms from his diabetes and coronary artery disease were well-controlled with medications, which belied his testimony that the symptoms were disabling. For example, in a May 2011 examination, treating physician Dr. George Sibley found that Willens was doing “extremely well” with his diabetes and coronary heat disease, that Willens should continue with his medication, and that his diabetes was well-controlled. Also, the ALJ properly noted that although Willens testified that the side effects from nitroglycerin, which treated his heart condition, gave him disabling recurring headaches and drowsiness, the treating notes and records lacked evidence supporting those complaints. See Warre v. Comm’r of Soc. Sec. Admin., 439 F.3d 1001, 1006 (9th Cir. 2006) (<HOLDING>). The ALJ reasonably cited a third reason for Options: A. holding that taxes are not private property that can be physically taken by the government B. holding that impairments that can be controlled effectively with medications are not disabling C. holding that rule 35a can be used to challenge sentences that are not authorized by the judgment of conviction D. holding that controlled substances defined by their chemical composition can only be identified through chemical analysis and not through visual inspection E. holding that where a defendant controlled the board of directors it is manifest then that there can be no expectation that the corporation would sue him and if it did it can hardly be said that the prosecution of the suit would be entrusted to proper hands

assistant: The best answer is B. holding that impairments that can be controlled effectively with medications are not disabling
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: 401 U.S. 846 91 S.Ct. 1258 28 L.Ed.2d 523 Barrington Joseph JOHNSON, petitioner,v.UNITED STATES. No. 5247. Supreme Court of the United States October Term, 1970. April 5, 1971 William J. Lippman, Washington, D. C., for petitioner. Samuel Huntington, Washington, D. C., for respondent. On Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted. 2 THE CHIEF JUSTICE took no part in the consideration or decision of this case. 3 Mr. Justice STEWART, with whom Mr. Justice DOUGLAS joins, dissenting. 4 In the petitioner's trial on a charge of rape, the District Judge instructed the jury that it could return a verdict of guilty with the death penalty. Yet that verdict was constitutionally impermissible in light of this Court's decision in United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138. See Bailey v. United States, 132 U.S.App.D.C. 82, 86 and n. 3, 405 F.2d 1352, 1356 and n. 3. I think the extreme prejudice arising from this erroneous instruction requires reversal of the judgment of conviction and a remand of this case for a new trial. Cf. Price v. Georgia, 398 U.S. 323, 331-332, 90 S.Ct. 1757, 26 L.Ed.2d 300.

assistant: 1
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 very heart and substance of the contract. It was material; indeed, it is difficult to imagine anything more material, given nearly three years of delays, three contract extensions, and two federal lawsuits involving the sale of this very property. The Sellers displayed the patience of Job by waiting nearly 3/é years to accomplish the sale of farmland that was originally intended to be transferred within six months. Paragraph 15 of the settlement agreement clearly called for closing or termination “[i]f closing has not occurred on or before January 25, 2001, for any reason,” and the closing failed to occur in a timely fashion. Based on the facts before us, we do not perceive any clear error with the district court’s findings. See O’Malley, 86 Ill.App.2d at 451, 229 N.E.2d 878 (<HOLDING>); Schneider, 767 F.2d at 1014 (“The parties Options: A. holding that explicit deadline coupled with forfeiture provision was sufficient evidence of materiality B. holding that when a plea agreement or consent order does not explicitly prohibit seeking the forfeiture of substitute assets via civil forfeiture under 981 the statutory scheme controls and requires the forfeiture of substitute assets pursuant to 2461c and 853p C. holding that the district court properly exercised jurisdiction over a criminal forfeiture action where a state court in a related state court forfeiture proceeding had in personam jurisdiction over the same currency subject to forfeiture D. holding evidence legally sufficient E. holding a forfeiture provision to be a civil action despite its codification in the states criminal code

assistant: The best answer is A. holding that explicit deadline coupled with forfeiture provision was sufficient evidence of materiality
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: 412 U.S. 541 93 S.Ct. 2770 37 L.Ed.2d 140 Robert W. FRI, Acting Administrator of the Environmental Protection Agency, petitioner,v.SIERRA CLUB et al. No. 72-804. Supreme Court of the United States June 11, 1973 Lawrence G. Wallace, Washington, D.C., for petitioner. Bruce J. Terris, Washington, D.C., for respondents. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Mr. Justice POWELL took no part in the decision of this case.

assistant: 8
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 Guarantors jointly and severally agree that, as between the Guarantors and the Lenders, the obligations of the Borrower under this Agreement may be declared to be forthwith due and payable as provided in Article VIII (and shall be deemed to have become automatically due and payable in the circumstances provided in Article VIII) for purposes of Section 3.01 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against the Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by the Borrower) shall forthwith become due and payable by the Guarantors for purposes of Section 3.01 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: DSS owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Release, and all the terms herein are confidential. Executive agrees that Executive will not disclose or release this Agreement or any information contained herein to anyone other than Executive’s attorneys, tax advisors, financial advisors and, where required, to taxing authorities; provided that the foregoing shall not restrict Executive from making any disclosures that are required by law.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: unless both you and we agree otherwise , the arbitrator may not consolidate or join your or our claim with another person 's or party 's claims , and may not otherwise preside over any form of a consolidated , representative or class proceeding .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent and the Joint Bookrunners shall have received (i) the Audited Financial Statements, (ii) unaudited interim consolidated financial statements of Markit Ltd. and its subsidiaries (prior to giving effect to the Merger) and of IHS Inc. and its subsidiaries (prior to giving effect to the Merger), in each case, for each fiscal quarter ended after the date of the latest applicable Audited Financial Statements delivered pursuant to clause (i) of this paragraph and at least 45 days before the Effective Date and (iii) the Pro Forma Financial Statements; provided that filing of the required financial statements on form 10-K and/or form 10-Q (in the case of IHS Inc.) or form 20-F, form 6-K and/or form F-4 (in the case of Markit Ltd.) will satisfy the foregoing requirements as to IHS Inc. and Markit Ltd., respectively.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than as permitted pursuant to the Credit Agreement or the Funding Agreement, neither the Parent nor any of its Subsidiaries shall (i) be a party to any merger or consolidation, or directly or indirectly purchase or otherwise acquire all or substantially all of the assets or any stock of any class of, or any partnership or joint venture interest in, any other Person; provided that, for the avoidance of doubt, nothing contained herein is intended to restrict the ability of the Parent or any of its Subsidiaries to create or acquire a Subsidiary so long as such action is permitted under the Credit Agreement or the Funding Agreement, or (ii) directly or indirectly sell, transfer, assign, convey or lease whether in one or a series of transactions, all or substantially all of its assets other than pursuant hereto, or permit any Subsidiary to do any of the foregoing, except for any such merger or consolidation, sale, transfer, conveyance, lease or assignment of or by any majority-owned Subsidiary into such Person or into, with or to any other majority-owned Subsidiary and any such purchase or other acquisition by such Person or any majority-owned Subsidiary of the assets or stock of any majority-owned Subsidiary. In connection with any merger or consolidation that is permitted pursuant to the Credit Agreement, each Originator will (i) provide written notice thereof to Buyer, and (ii) take all such actions and deliver, or cause to be delivered, such opinion letters of counsel, certificates and other agreements that Buyer or the Administrative Agent deems reasonably necessary or desirable under the UCC or PPSA to maintain the perfection and priority of Buyer’s ownership interest in the Transferred Receivables.

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: From and after the date hereof, Mr. De Silva shall be indemnified by Endo (and be covered by applicable directors’ and officers’ liability insurance policies) to the extent provided for in Section 14(d) of the Employment Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Carney, 471 U.S. 386, 390-91, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985)); Wiede v. State, 214 S.W.3d 17, 24 (Tex.Crim.App. 2007). 19 . Katz v. United States, 389 U.S. 347, 357, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). 20 . Schneckloth v. Bustamonte, 412 U.S. 218, 219, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); Maxwell, 73 S.W.3d at 281. 21 . Maxwell, 73 S.W.3d at 281 (citing Robinette, 519 U.S. at 40, 117 S.Ct. 417). 22 . United States v. Matlock, 415 U.S. 164, 170, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974); Becknell v. State, 720 S.W.2d 526, 528 (Tex.Crim.App.1986); Fancher v. State, 659 S.W.2d 836, 839 (Tex.Crim.App. 1983) (explaining that "[i]t is well established in Texas that third parties have authority to consent to a search when they have equal control ove ston [1st Dist.] 1984, pet. granted) (<HOLDING>); Smith v. State, 797 S.W.2d 243 Options: A. holding that defendants adult son who was living on defendants property had equal control over use of premises and had authority to consent to a search B. holding that consent to search premises includes consent to search washing machine on those premises C. holding defendants girlfriend had authority to consent to search as a joint occupant D. holding that mother who was resident of house shared with adult daughter could give valid consent to search premises E. holding that babysitter living in home connected via ramp to defendants home had no authority to consent to search of defendants home

assistant: The best answer is A. holding that defendants adult son who was living on defendants property had equal control over use of premises and had authority to consent to a search
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: 18.3 these terms constitute the entire agreement between you and skype with respect to your use of the software , products and/or skype websites and replace any prior agreements between you and skype with respect to the software , products and/or skype websites .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall have the right to participate in and to receive benefits under any of the Company’s Executive benefit plans, as such plans may be modified from time to time, provided that Executive meets the minimum eligibility requirements under such plans. In addition, Executive shall be entitled to the benefits afforded to other members of the Company’s senior management; provided that, in the event that other members of the Company’s senior management are not afforded health insurance benefits, the Company shall increase Executive’s compensation to reflect the reduction in benefits.

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 case excerpt and choose the best holding from the options. Case excerpt: Title III of the ADA provides: It shall be discriminatory to afford an individual or a class of individuals, on the basis of such disability ... with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals. 42 U.S.C. § 12182(b)(l)(A)(ii). By not condoning or condemning different benefits for different disabilities, the statute sheds little light on the issue and, without First Circuit precedent, the court must look to other circuit law for guidance. A plethora of rulings on the subject all reach the same conclusion — the ADA does not require equal benefits for different disabilities. See Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1116- 18 (9th Cir.2000) (<HOLDING>); EEOC v. Staten Island Savings Bank, 207 F.3d Options: A. holding that a reversal of the plan administrators decision is in order under the most deferential arbitrary and capricious standard when no reasonable grounds exist to support the decision B. holding plan administrators decision to classify mentalillness risks differently than physical disabilities is permissible C. recognizing that pension plan administrators have the ability to fashion their own plan formulas D. holding that a plan administrators decision may not be deemed arbitrary and capricious so long as it is possible to offer a reasoned explanation based on the evidence for that decision E. recognizing that plan participants should be able to access information about the plan administrators fiduciary duties from the plan administrators counsel

assistant: The best answer is B. holding plan administrators decision to classify mentalillness risks differently than physical disabilities is permissible
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: or the court at any stage of litigation, including after trial and the entry of judgment. Arbaugh v. Y & H Corp., 546 U.S. 500, 506-07, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006). 2 . In the district court complaint, Central Pines alleges a takings claim as an alternative to the quiet title action. Although Central Pines subsequently filed the same takings claim in the Claims Court, it never moved to dismiss the takings claim before the district court, and thus a takings claim was pending when Central Pines filed its complaint at the Claims Court. 3 . To the extent plaintiffs rely on the discussion in Rockwell International Corp. v. United States, 549 U.S. 457, 474, 127 S.Ct. 1397, 167 L.Ed.2d 190 (2007), to aid their argument, that case is disting S.Ct. 1237, 1248, 176 L.Ed.2d 18 (2010) (<HOLDING>); Arbaugh, 546 U.S. at 510-11, 126 S.Ct. 1235 Options: A. recognizing that issue exhaustion is a mandatory although not jurisdictional requirement B. holding that this time requirement is mandatory and jurisdictional C. holding requirement nonjurisdictional and remanding for a possible eeoc waiver of that requirement D. holding copyright statutes registration requirement a nonjurisdictional condition although previously held to be jurisdictional E. holding that certificate of merit is a mandatory but nonjurisdictional filing requirement

assistant: The best answer is D. holding copyright statutes registration requirement a nonjurisdictional condition although previously held to be jurisdictional
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Plan constitute the entire agreement between the parties, and supersede all prior agreements and understandings, relating to the subject matter of this Agreement. The provisions of this Agreement, including the vesting and performance requirements herein, amend and/or supersede, as the case may be, any other agreement between Participant and the Company regarding this Award.

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: Both Seller and Buyer agree to execute and deliver, from time to time, such other and additional instruments, notices, transfer orders and other documents, and to do all such other and further acts and things as may be necessary to more fully and effectively transfer and assign the LOTT Inventory to Buyer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: noted an inconsistency between Liu’s testimony and her written application regarding whether her husband was detained and beaten for confronting family planning officials after her second abortion. In the same vein, the IJ pointed out that Liu’s and her husband’s testimony differed with respect to who had informed the authorities of Liu’s second pregnancy. Liu asserts in her brief to this Court that these inconsistencies cannot support an adverse credibility determination because they are minor or immaterial. However, because the provisions of the REAL ID Act govern Liu’s July 2005 asylum application, the inconsistencies relied upon by the IJ need not have involved the heart of Liu’s asylum claim. See 8 U.S.C. § 1158(b)(l)(B)(iii); see Xiu Xia Lin v. Mukasey, 534 F.3d 162, 166-67 (<HOLDING>). Accordingly, the IJ properly relied on these Options: A. holding that an ij made an explicit credibility when the ij found testimony not credible based on several enumerated inconsistencies B. holding that an adverse credibility determination under the real id act must take into account the totality of the circumstances and all relevant factors C. holding that this courts previous holding in secaidarosales v ins 331 f3d 297 308 2d cir2003 that an ij could not base an adverse credibility determination on inconsistencies and omissions that were collateral or ancillary to an applicants claim had been abrogated by the amendments to the statutory standard imposed by the real id act D. holding an ij must to address a petitioners explanation for inconsistencies to rely upon them as the basis for an adverse credibility finding E. holding that after the real id act the ij must still provide specific examples of a petitioners demean or that would support this basis for an adverse credibility determination

assistant: The best answer is C. holding that this courts previous holding in secaidarosales v ins 331 f3d 297 308 2d cir2003 that an ij could not base an adverse credibility determination on inconsistencies and omissions that were collateral or ancillary to an applicants claim had been abrogated by the amendments to the statutory standard imposed by the real id 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: This Agreement, together with the schedules attached hereto, contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written with respect to such matters.

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: Each of the Company and each Subsidiary has good record title to, or valid leasehold interests in, all real property necessary or used in the ordinary conduct of its business, except for such defects in title as could not, in the aggregate, reasonably be expected to have a Material Adverse Effect. The property of the Company and its Subsidiaries is subject to no Lien, other than Liens permitted by Section 7.01 .

assistant: Liens
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: use the services or content , or any portion thereof , for any commercial purpose or for the benefit of any third party or in a manner not permitted by these terms , including but not limited to ( a ) gathering in app items or resources for sale outside the app , ( b ) performing services in the app in exchange for payment outside the app , or ( c ) sell , resell , rent , or lease the app or your account ;

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If earned and granted, the Primary Long-Term Incentive Shares vest equally over 3 years from the potential award date (March 15, 2017). Upon vesting, each ratable portion of the award becomes unrestricted and must be paid or made available by March 15 of the year following vesting. That portion of the award that has been expensed by the Company (as of its most recent year end financial statements), and which has not previously become unrestricted and paid or made available to the Participant, vests upon a Participant’s attaining age 65. For Participants age 65 or older, the vested portion becomes unrestricted and is paid or made available by March 15 of the year immediately following the year of vesting. Shares subject to the award vest on the Participant’s death, disability or termination of employment by the Company, other than for cause or upon a change of control, as defined in the plan. In no event will shares subject to the Award become unrestricted and paid and made available later than March 15th of the year following the year in which the shares are no longer subject to a substantial risk of forfeiture, as defined under relevant IRC regulations.

assistant: Vesting
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: Engaged represents and warrants to the Company that (a) this Agreement has been duly authorized, executed and delivered by Engaged, (b) this Agreement is a valid and binding obligation of Engaged, (c) this Agreement is enforceable against Engaged in accordance with its terms, (d) the execution, delivery and performance of this Agreement by Engaged does not and will not violate or conflict with (i) any law, rule, regulation, order, judgment or decree applicable to it, or (ii) result in any breach or violation of or constitute a default (or an event which with notice or lapse of time or both could become a default) under or pursuant to, or result in the loss of a material benefit under, or give any right of termination, amendment, acceleration or cancellation of, any organizational document, agreement, contract, commitment, understanding or arrangement to which any member of Engaged is a party or by which it is bound, (e) Exhibit A includes all Affiliates of Engaged that own any securities of the Company beneficially or of record, (f) all information contained in Section I.B of that certain letter from Engaged Capital Master Feeder I, LP to TriMas Corporation dated as of January 22, 2015 is true and correct as of the date hereof and (g) except with respect to Engaged’s ownership of the Company’s securities which is as set forth elsewhere in this Agreement, all information contained in that certain questionnaire to the Board, completed by Welling and dated as of April 9, 2016 is true and correct as of the date hereof. Engaged agrees that it will cause its Affiliates and Associates (including for the avoidance of doubt its partners, investment professionals and other employees) to comply with the terms of this Agreement.

assistant: Representations
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 acknowledge that this Agreement constitutes the entire agreement between the Parties regarding all of the subjects addressed in this Agreement. The Parties agree and acknowledge that there have been no inducements, statements, or representations leading them to execute this Agreement, except as expressly contained herein.

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: The Parties agree to use the Confidential Information solely in connection with the Transaction and not for any purpose other than as authorized by this Agreement without the prior written consent of an authorized representative of the Parties. The Parties agree to ensure that all copyright products, such as source codes, system design data/architecture, and other proprietary information, disclosed during the engagement is protected from any misuse, alteration, modification, sharing, or transfer to any party without express permission of the Discloser. Such data is provided for the sole use of the Parties, and limited for the use under this agreement. The Receiving Party agrees not to use the Confidential Information in any way, or to manufacture or test any product embodying Confidential Information, except for the purpose set forth above.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Loesch, 937 F.2d 1237, 1247-48 (7th Cir. 1991). Other jurisdictions are in accord. See also Teamsters, 283 F.3d at 881 (“[A]s with many equitable defenses, the defense of laches is equally available in suits at law”) (citations omitted); Hickerson v. Vessels. 316 P.3d 620, 622 (Colo. 2014) (“[0]ur case law, since early statehood, recognizes the application of equitable remedies [in this case, laches] to legal claims.”); Bill, 285 Ill. Dec. 784, 812 N.E.2d at 612 (“While we agree that traditionally, statutes of limitations were generally applied to legal actions and the laches doctrine was applied to those actions based in equity, such ‘mechanical’ applications ai-e no longer followed”) (citation omitted); Dep’t of Banking and Finance v. Wilken, 217 Neb. 796, 352 N.W.2d 145, 149 (1984) (<HOLDING>) (citations omitted); Moore v. Starcher, 167 Options: A. holding that the defense of laches was applicable in a contract action as follows the commonlaw rule is that equitable defenses cannot be used to defeat an action at law based on contract however we have not accepted that position but on the contrary we have held that any defense whether it be legal or equitable may be set up in any case B. holding that laches is an affirmative defense C. holding that where defense of laches was not pleaded denial of equitable relief on grounds of laches was error D. recognizing laches as an equitable defense to a motion to reopen E. holding that equitable defense of laches is inapplicable to claims of fraud

assistant: The best answer is A. holding that the defense of laches was applicable in a contract action as follows the commonlaw rule is that equitable defenses cannot be used to defeat an action at law based on contract however we have not accepted that position but on the contrary we have held that any defense whether it be legal or equitable may be set up in any case
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 acknowledge and agree that Employee’s employment with the Company terminated on August 5, 2016 (the “ Termination Date ”). The Company agrees to characterize Employee’s termination as “without cause” under Section 5.3 of the Employment Agreement between the parties, dated as of April 22, 2014 (the “Employment Agreement” ). With the exception of Employee’s vested benefits, interests or rights in the Company’s 401(k) plan or other employee benefit plans in which Employee is a participant, if any, Employee acknowledges that, Employee has been paid all wages, compensation, benefits (including all earned and unused vacation days or paid time-off), less applicable tax withholding, and business expenses relating to Employee’s employment with the Company through Employee’s Termination Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company represents and warrants to Secured Lender and Bank that it has not assigned or granted a security interest in the Accounts except to Secured Lender. Company represents and warrants to Secured Lender and Bank that it has not assigned or granted a security interest in any accounts receivables except to Secured Lender.

assistant: Liens
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: viber may fully cooperate with any law enforcement authorities or court order requesting or directing viber to disclose the identity of anyone posting any content , or publishing or otherwise making available any materials that are believed to violate these terms .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Subpoenas), 144 F.3d 653, 658-59 (10th Cir.1998). To do so the Debtor must meet the following test: (1) the Debtor must show that he approached Kennedy & Graven for the purpose of seeking legal advice; (2) he must demonstrate that when he approached Kennedy & Graven, he made it clear he was seeking legal advice in his individual rather than representative capacity; (3) he must demonstrate that Kennedy & Graven saw fit to communicate with him in his individual capacity, knowing that a possible conflict could arise; (4) he must prove that his conversations with Kennedy & Graven were confidential; and (5) he must show that the substance of his conversations with Kennedy & Graven did not concern matters involving administration of the estate. Id. 6 Inc., 27 B.R. 28, 28 (Bankr.S.D.Fla.1982) (<HOLDING>). However, the And-ros decision does not on its Options: A. holding that the information is not protected by attorneyclient privilege B. holding that an invocation of the advice of counsel defense waives the attorneyclient privilege C. holding that failure to timely assert attorneyclient privilege constitutes waiver D. holding that a claim for ineffective assistance of counsel waives attorneyclient privilege E. holding that an individuals attorneyclient privilege never transfers to the trastee

assistant: The best answer is E. holding that an individuals attorneyclient privilege never transfers to the trastee
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 provision of this Agreement or the other Loan Documents is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Agreement and the other Loan Documents shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section 11.12 , if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Debtor Relief Laws, as determined in good faith by the Administrative Agent, the Collateral Agent and the applicable L/C Issuer, as applicable, then such provisions shall be deemed to be in effect only to the extent not so limited.

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: decide whether a pattern-or-practice claim is outside the scope of the charge because the record supports Mr. Jones’s contention that he seeks to introduce evidence of UPS’s allegedly discriminatory policy as proof that UPS was motivated by a discriminatory and retaliatory intent when it refused to return him to work. In other words, he attempts to prove his claim of individualized disability discrimination by proving that UPS routinely applies a 100%-healed policy that discriminates against disabled individuals. Evidence of such a policy is potentially relevant not only to the allegedly unlawful motivation behind UPS’s refusal to return Mr. Jones to work, but also to a determination of whether UPS regarded him as disabled. See Henderson v. Ardco, Inc., 247 F.3d 645, 653 (6th Cir.2001) (<HOLDING>). Although the evidence Mr. Jones asserts as Options: A. holding that credibility determinations should not be resolved at the summary judgment stage B. holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial C. holding that unverified complaints cannot be considered as evidence at the summary judgment stage D. holding that evidence of an employers 100healed policy was relevant to the issue of perceived disability at the summary judgment stage E. holding that at the summary judgment stage there must be sufficient evidence on which the jury could find for the plaintiff

assistant: The best answer is D. holding that evidence of an employers 100healed policy was relevant to the issue of perceived disability at the summary judgment stage