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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 390 U.S. 333 88 S.Ct. 994 19 L.Ed.2d 1212 Frank LEE, Commissioner of Corrections of Alabama et al., Appellants,v.Caliph WASHINGTON et al. No. 75. Argued Nov. 7, 1967. Decided March 11, 1968. Nicholas S. Hare, for appellants. Charles Morgan, Jr., for appellees. PER CURIAM. 1 This appeal challenges a decree of a three-judge District Court declaring that certain Alabama statutes violate the Fourteenth Amendment to the extent that they require segregation of the races in prisons and jails, and establishing a schedule for desegregation of these institutions. The State's contentions that Rule 23 of the Federal Rules of Civil Procedure, which relates to class actions, was violated in this case and that the challenged statutes are not unconstitutional are without merit. The remaining contention of the State is that the specific orders directing desegregation of prisons and jails make no allowance for the necessities of prison security and discipline, but we do not so read the 'Order, Judgment and Decree' of the District Court, which when read as a whole we find unexceptionable. 2 The judgment is affirmed. 3 Mr. Justice BLACK, Mr. Justice HARLAN, and Mr. Justice STEWART, concurring. 4 In joining the opinion of the Court, we wish to make explicit something that is left to be gathered only by implication from the Court's opinions. This is that prison authorities have the right, acting in good faith and in particularized circumstances, to take into account racial tensions in maintaining security, discipline, and good order in prisons and jails. We are unwilling to assume that state or local prison authorities might mistakenly regard such an explicit pronouncement as evincing any dilution of this Court's firm commitment to the Fourteenth Amendment's prohibition of racial discrimination.

assistant: 2
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 Servicer has filed or caused to be filed all federal tax returns and all other material tax returns that are required to be filed by it and all such returns are correct in all material respects. The Servicer has paid or made adequate provisions for the payment of all Taxes shown on such tax returns and all material assessments made against it or any of its property (other than any amount of Tax the validity of which is currently being contested in good faith by appropriate proceedings and with respect to which reserves in accordance with GAAP have been provided on the books of the Servicer), and no tax lien has been filed and, to the Servicer’s knowledge, no claim is being asserted, with respect to any such Tax.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms of the licenses and other grants of rights (and related obligations) under this Agreement (the “ Term ”) shall remain in effect (a) to the extent with respect to the Patents licensed hereunder and Licensed Copyrights, on a Patent-by-Patent and Licensed Copyright-by-Licensed Copyright basis, until expiration, invalidation or abandonment of such Licensed Patent or Licensed Copyright (as applicable), (b) to the extent with respect to any Licensed Know-How, until such Licensed Know-How no longer constitutes Confidential Information; provided that , after expiration of the Term with respect to any Licensed Know-How, the licenses granted hereunder to such Know-How shall survive such expiration in perpetuity, and (c) with respect to Business Software and SpecCo Licensed Standards, in perpetuity. Notwithstanding the foregoing and anything to the contrary herein, the licenses granted in Section 2.3 and rights and obligations of the Parties to the extent with respect thereto shall terminate on a Product-by-Product basis upon termination of the applicable Manufacturing Product Agreement with respect to such Product.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if user submissions infringe , or if you believe that user submissions infringe any of your rights ( including intellectual property rights ) or are unlawful , please contact us immediately by following our notice and takedown procedure .

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: Because the evidence relating to the application of recreational use immunity conflicts on material points, the facts must be determined by the fact finder, and summary judgment is precluded. III. A landowner’s recreational use immunity does not depend on the plaintiff’s activity at the time of injury ¶40 As a final note, there is some suggestion that the application of recreational use immunity turns on whether Camicia was cycling home from work or merely for pleasure when she was injured. We reject this view as insufficiently protective of landowners who open their land for recreational purposes. Where the land at issue is shown to be recreational, immunity does not depend on whether the plaintiff was actually engaged in recreation at the time of injury. See Gaeta, 54 Wn. App. at 609 (<HOLDING>); Howard v. United States, 181 F.3d Options: A. holding that so long as seattle city light opened up the diablo dam to the public for recreation immunity applied despite a contractual provision compelling it to open land for public recreational purposes B. holding contractors could not claim recreational immunity because they had no continuing authority to determine whether the land should be open to the public C. holding an initial four dollar fee allowing reentry during the course of the patrons stay permitted the use of a vehicle in the park and did not constitute a charge for the recreational use of the park D. holding that whether the public invitee may have some commercial purpose in mind was irrelevant to recreational immunity instead by opening up the lands for recreational use without a fee the landowner brought itself under the protection of the immunity statute E. recognizing that a landowner cancontrol who uses his land for recreational purposes and that sjuch discretion should not result in the forfeiture of the immunity that thehrus provides

assistant: The best answer is D. holding that whether the public invitee may have some commercial purpose in mind was irrelevant to recreational immunity instead by opening up the lands for recreational use without a fee the landowner brought itself under the protection of the immunity statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: promotional and concealment money laundering require the government to prove that the defendant knowingly used the "proceeds” of an unlawful activity, Wilkes's analysis of Santos is applicable here. Cf. Dis, op. at 1100. 17 . The dissent’s reliance on the Fourth Circuit's opinion in United States v. Cloud, 680 F.3d 396, 407 (4th Cir.2012) is also misplaced. In defining and applying "essential expenses,” Cloud relies on the Santos plurality’s reasoning that the term "proceeds” excludes any payout to a co-conspirator. Id. at 403-09. We have not interpreted Santos so broadly, relying instead on Justice Stevens’s case-by-case approach. See, e.g., Wilkes, 662 F.3d at 549. Other circuits have likewise refused to interpret Santos as broadly as the Fourth Circuit. See Kratt, 579 F.3d at 562 (<HOLDING>); Garland v. Roy, 615 F.3d 391, 402 (5th Options: A. holding that facts that increase the maximum sentence a defendant faces must be proven to a jury beyond a reasonable doubt B. holding that a sixfold increase in sentence involved no enhancement of sentence because harrisonphilpot was charged and convicted of conspiracy the extent of the conspiracy caused the tremendous increase in her sentence C. holding that in pleading scienter arguing that the motive for defrauding investors was to increase the companys profits or to increase officer compensation is not sufficient D. holding in the ineffectiveassistanceofcounsel context that any increase in a defendants sentence is prejudicial E. holding that proceeds means profits only when imposing a money laundering count leads to a radical increase in the statutory maximum sentence and only when nothing in the legislative history suggests that congress intended such an increase

assistant: The best answer is E. holding that proceeds means profits only when imposing a money laundering count leads to a radical increase in the statutory maximum sentence and only when nothing in the legislative history suggests that congress intended such an increase
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 Credit Documents embody the entire agreement and understanding between the Company, the Agent and the Banks and supersede all prior agreements and understandings between the Company, the Agent and the Banks relating to the subject matter thereof.

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: This Amendment may be executed in counterparts (and by different parties hereto on different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. THIS AMENDMENT EMBODIES THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES RELATING TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY AND ALL PREVIOUS COMMITMENTS, AGREEMENTS, REPRESENTATIONS AND UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, RELATING TO THE SUBJECT MATTER HEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES HERETO. This Amendment shall become effective when it shall have been executed by the Administrative Agent and when the Administrative Agent shall have received counterparts hereof which, when taken together, bear the signatures of the Borrowers, each Domestic Subsidiary Loan Party, each of the Required Lenders and each Term B Lender continuing as such after giving effect to the Amendment. Delivery of an executed counterpart of a signature page of this Amendment by telecopy or in “pdf’, “.tif” or similar format by electronic mail shall be effective as delivery of a manually executed counterpart of this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall use the proceeds of the Incremental Term B Loans on the Effective Date to repay a portion of the Senior Unsecured Notes on the Effective Date and to pay fees and expenses in connection with this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a person has been convicted of possessing controlled dangerous substances and yet we cannot gauge whether he even knew the contraband was in the basement and controlled or exercised dominion over the CDS. We also conclude that based on the evidence in this record, no reasonable inference could be drawn that Moye was participating with others in the mutual enjoyment of the contraband. There is no evidence concerning whether Moye [or the other occupants] were observed using drugs on the night in question. Although the facts may lead a trier of fact to believe that sememe may have been using marijuana in the ... home, the evidence fails to establish who may have been using it, and when such use may have taken place. (Emphasis in original.) See also White, 363 Md. at 166-67, 767 A.2d 855 (<HOLDING>); Taylor, 346 Md. at 459, 697 A.2d 462 (finding Options: A. holding the evidence was sufficient to support a finding that the lessee driver of a vehicle had knowingly transported a handgun recovered from the trunk of the vehicle in question B. holding the evidence sufficient to support a finding that the defendant a front seat passenger of a vehicle occupied by three individuals was in constructive possession of marijuana found in white bag directly under the defendants seat C. holding the evidence sufficient to support a finding that the juvenile a front seat passenger of a vehicle occupied by four persons was in possession of marijuana recovered from a crumpled piece of newspaper behind the drivers seat D. holding the evidence insufficient to support a finding that the defendant a front seat passenger in a car owned by the driver possessed cocaine recovered from inside a box of pots and pans in the trunk of the vehicle E. holding that the arresting officer lacked probable cause to arrest defendant a rear seat passenger of a car for possession of marijuana based on the discovery of two marijuana seeds in the front of the vehicle

assistant: The best answer is D. holding the evidence insufficient to support a finding that the defendant a front seat passenger in a car owned by the driver possessed cocaine recovered from inside a box of pots and pans in the trunk of the vehicle
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: Neither Cigna nor Executive may make any assignment of this Agreement or any interest herein, by operation of law or otherwise, without the prior written consent of the other; provided , however , that (a) Cigna may assign its rights and obligations under this Agreement without Executive’s consent to any successor entity of Cigna and (b) this Agreement shall automatically be assigned, without any further action on the part of Cigna or Executive, to Holdco, effective as of the Effective Time, and from and after the Effective Time, references herein to “Cigna” shall be deemed to refer to Holdco. This Agreement shall inure to the benefit of and be binding upon Cigna, its successors (including, without limitation, any transferee of all or substantially all of its assets to any successor entity of Cigna), and permitted assigns and upon Executive, Executive’s executors, administrators, heirs, and permitted assigns.

assistant: Assignments
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 the Bureau of Engraving and Printing, and Jacob J. Lew, Secretary of the Treasury, moved to dismiss the case in its entirety. Judge Baer granted the motion and appellants timely filed the instant appeal. We have never addressed the question of whether the inclusion of the words “In God We Trust” on United States currency violates the Constitution or RFRA and write today to clarify the law on this issue. Four other circuit courts have ruled on this question, however, and have found that the statutes at issue do not contravene the Constitution. See Kidd v. Obama, 387 Fed.Appx. 2 (D.C.Cir.2010) (per curiam) (affirming the district court and holding that the printing of the motto on currency does not violate the First Amendment); Gaylor v. United States, 74 F.3d 214, 216 (10th Cir.1996) (<HOLDING>); O’Hair v. Murray, 588 F.2d 1144 (5th Options: A. holding such statutes are not analogous statutes of limitation for erisa purposes B. holding that the determination and assessment of damages are not the primary purpose of a declaratory action C. holding that cemetery owned and operated by association of churches was not entitled to unemployment compensation tax exemption because services it provided were the same as those of secular cemeteries and therefore its primary purpose was not religious D. recognizing that the doctrine of in pari materia requires that statutes relating to the same subject be construed together to harmonize the statutes and give effect to legislative intent E. holding that the statutes establishing the national motto and directing its reproduction on us currency clearly have a secular purpose and that the mottos primary effect is not to advance religion instead it is a form of ceremonial deism and therefore the statutes do not violate the establishment clause

assistant: The best answer is E. holding that the statutes establishing the national motto and directing its reproduction on us currency clearly have a secular purpose and that the mottos primary effect is not to advance religion instead it is a form of ceremonial deism and therefore the statutes do not violate the establishment clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant represents that the Participant has consulted with any tax consultants the Participant deems advisable in connection with the grant of Restricted Cash and that the Participant is not relying on the Company for any tax advice. The Company makes no warranties or representations whatsoever to the Participant regarding the tax consequences of the grant of Restricted Cash. The Participant shall be solely responsible for any taxes in respect of the Restricted Cash.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from the Middle East dropped (data including visitors from Iran, Iraq, Syria and Yemen). See Suppl. Deck of George Szigeti, ¶¶ 5-8, Mot. for TRO, Ex. B-l, ECF No. 66-2; see also SAC ¶ 100 (identifying 278 visitors in January 2017, compared to 348 visitors from that same region in January 2016). Tourism accounted for $15 billion in spending in 2015, and a decline in tourism has a direct effect on the State’s revenue. See SAC ¶ 18. Because there is preliminary evidence that losses of current and future revenue are traceable to the Executive Order, this injury to the State’s proprietary interest also appears sufficient to confer standing. Cf. Texas v. United States, 809 F.3d 134, 155-56 (5th Cir. 2015), aff'd by an equally divided Court, — U.S. -, 136 S.Ct. 2271, 195 L.Ed.2d 638 (2016) (<HOLDING>). For purposes of the instant Motion for TRO, Options: A. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied B. holding that the lack of shareholder standing under texas law does not implicate constitutional standing C. holding that the financial losses that texas would bear due to having to grant drivers licenses constituted a concrete and immediate injury for standing purposes D. holding that allegations of future injury must be particular and concrete E. holding that local delivery drivers operate in interstate commerce when they drive vehicles loaded with goods that were shipped to texas from another state temporarily stored at a warehouse in texas then delivered to a texas customer via local delivery drivers

assistant: The best answer is C. holding that the financial losses that texas would bear due to having to grant drivers licenses constituted a concrete and immediate injury for standing purposes
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 of employment under this Agreement shall begin on April 1, 2019, or such earlier date that Employer and Executive shall mutually agree (the “ Effective Date ”), and shall expire on February 28, 2022, unless terminated sooner as provided in this Agreement or unless extended as provided in the next sentence (the “ Employment Period ”). Unless this Agreement is terminated earlier, commencing on March 1, 2022, and on each anniversary of March 1, 2022 (each March 1st on or after March 1, 2022, the “ Renewal Date ”), the Employment Period shall be extended for one (1) additional year (a “ Renewal Term ”), unless either party notifies the other party at least ninety (90) days prior to the applicable Renewal Date that the Employment Period shall not be so extended; provided , however , that in no event shall the Employment Period be extended beyond February 28, 2024, except by written agreement of the parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a member of a given race is never enough to make out a prima facie ease of racial discrimination, we are equally reluctant to hold that it is always enough. “The bare fact of strikes exercised against persons of a certain race does not necessarily reveal the work of a racially prejudiced mind.” Linscomb, 829 S.W.2d at 166. Thus, while statistical evidence alone may be conclusive in cases where strikes are exercised against a given race disproportionately or in suspiciously large numbers, in cases where the numbers are not so compelling, the trial court may rightly find that the statistics alone do not make out a prima facie ease. Muhammad, 846 S.W.2d at 435 (analyzing Linscomb, 829 S.W.2d at 166); see also Aguilar v. State, 826 S.W.2d 760, 763 (Tex.App.-Fort Worth 1992, pet. ref'd) (<HOLDING>). In sum, the proper analysis does not consist Options: A. holding that the prosecutors use of four of his five peremptory strikes to remove blacks was sufficient to establish a prima facie case B. holding that the strike of one hispanic veniremember was insufficient to make out a prima facie case of discrimination where the challenging party failed to show any pattern or any other evidence to the trial court which would raise an inference that the prosecutor used peremptory strikes to remove that veniremember on account of her race C. holding that a plaintiff had not established a prima facie case of race discrimination because she failed to show valid comparators and presented no other circumstantial evidence of discrimination D. holding that a petitioner did not make a prima facie showing of illegal discrimination because the petitioner needed to point to more facts than the number of africanamericans struck in order to establish a pattern of strikes supporting an inference of discrimination E. holding that without more the mere fact that the prosecutor used a high number of strikes to remove women from the venire is insufficient to establish a prima facie case

assistant: The best answer is B. holding that the strike of one hispanic veniremember was insufficient to make out a prima facie case of discrimination where the challenging party failed to show any pattern or any other evidence to the trial court which would raise an inference that the prosecutor used peremptory strikes to remove that veniremember on account of her race
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: prosecutor of involuntary treatment cases, it is bound to encounter the same evidentiary issues encountered at S.N.’s probable-cause hearing. Despite the State’s inability to fully resolve the evidentiary issues attendant to preliminary hearings under 18 V.S.A. § 7510, our review of the court’s evidentiary rulings at S.N.’s hearing would result in the quintessential advisory opinion, as a decision in favor of the State would have no bearing on S.N. whatsoever. Here, the State is not the subject of an adverse order affecting its legal rights, and therefore it cannot in earnest argue that it has a legally cognizable interest in this litigation merely because it will litigate preliminary hearings in the future. Cf. In re PCB File No. 92.27, 167 Vt. 379, 380-81, 708 A.2d 568, 569-70 (1998) (<HOLDING>). If we were to accept the State’s argument, we Options: A. holding that the oneyear bar contained in 2255 acts as an affirmative defense and not a jurisdictional bar B. holding that counsels motion was not sufficient where counsel alleged only that counsel and appellants positions had become adverse C. holding that the district court did not abuse its discretion in denying his petition for reinstatement where membership in good standing in the state bar was required before attorney could be admitted to the federal bar and applicant had not been readmitted to state bar D. holding that exception applied where bar counsel was subject to adverse discovery order and another professional conduct board hearing panel had directed a similar order to bar counsel in another matter E. holding that an order denying a motion for reconsideration constituted a final order because at the time the order was entered all nonsuited claims had been adjudicated and were no longer a bar to finality

assistant: The best answer is D. holding that exception applied where bar counsel was subject to adverse discovery order and another professional conduct board hearing panel had directed a similar order to bar counsel in another matter
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: to avoid possible injury , discomfort or eye strain , you should take periodic breaks from use of games or other applications , especially if you feel any pain or fatigue resulting from usage .

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: Each party’s obligations under this Section 3.3 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender or the Issuing Bank, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Credit Document.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: It is not a party to any agreement or instrument, or subject to any restriction in its Governing Documents that materially and adversely affects its business, operations, properties or condition, financial or otherwise, and it is not in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party, which default might reasonably be expected to have a material adverse effect upon its business, operations, properties or condition, financial or otherwise.

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 legal provision and list the applicable contract clause categories. Provision: Unless otherwise specified, a reference in this Agreement to a particular section, subsection, Schedule or Exhibit is a reference to that section, subsection, Schedule or Exhibit of this Agreement. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and plural, and pronouns stated in the masculine, feminine or neuter gender shall include the masculine, the feminine and the neuter. The words “ include ”, “ includes ” and “ including ” shall be deemed to be followed by the phrase “without limitation”. The word “ will ” shall be construed to have the same meaning and effect as the word “shall”.

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 legal provision and list the applicable contract clause categories. Provision: All notices under this Agreement shall be in writing and shall be deemed effective when delivered in person (with respect to the Company, to the Company's Secretary) or when mailed, if mailed by certified mail, return receipt requested. Notices mailed shall be addressed, in the case of Employee, to his last known residential address, and in the case of the Company, to its corporate headquarters, attention of the Secretary, or to such other address as Employee or the Company may designate in writing at any time or from time to time to the other party in accordance with this Section.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the statutes’ effort to impose a roughly equivalent cost on NPMs to that borne by manufacturers participating in the MSA can be analogized to the imposition of a flat tax. A tax increase, like any cost, will likely be passed on to consumers in the form of higher prices, but where, as here, the state alone imposes the increased cost, there is no private collusion implicating the antitrust laws. See Freedom Holdings VI, 592 F.Supp.2d at 699 (citing Freedom Holdings I, 357 F.3d at 229, and Freedom Holdings II, 363 F.3d at 152). That competitors respond in similar ways to a tax they must all pay does not, by itself, manifest an agreement proscribed by the Sherman Act. See Brooke Grp. Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 227, 113 S.Ct. 2578, 125 L.Ed.2d 168 (1993) (<HOLDING>); Williamson Oil Co. v. Philip Morris U.S.A., Options: A. holding in part that a convicted defendant is not entitled to raise in a posteonviction proceeding any matter which he raised on direct appeal or which he knew about but did not raise in his direct appeal B. holding that tacit collusion of participants in oligopolistic market to raise prices in response to higher costs is not in itself unlawful C. holding that possession of a weapon is not in an of itself a crime D. holding that because original interception was not unlawful subsequent use by prosecutor could not be found unlawful E. recognizing that a conspiracy to maintain prices could in theory impact the entire class despite a decrease in prices for some customers in parts of the class period and despite some divergence in the prices different plaintiffs paid

assistant: The best answer is B. holding that tacit collusion of participants in oligopolistic market to raise prices in response to higher costs is not in itself unlawful
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party will sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of their Affiliates, except (a) in the judgment of the Board of Directors of the Borrower (acting in good faith), at prices and on terms and conditions not less favorable to the Loan Parties than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among the Borrower and its Subsidiaries not involving any other Affiliate, (c) transactions contemplated by the Management Agreement, (d) any Restricted Payment permitted by Section 6.05 or (e) any arrangements with officers, directors, representatives or other employees relating specifically to employment as such.

assistant: Transactions With Affiliates
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 shall be governed by and construed under the laws of the State of Delaware, USA, excluding its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

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: 708, 726 n. 3 (7th Cir.2001). I need not resolve this conflict, however, because the result here would be the same under either standard. 11 . The record does not reflect how the police found out about Mr. Dixon. Ms. Levin testified that he was at the police station and had given a statement before Mr. Hinton confessed, R. at 260, 262, but the only other reference to Mr. Dixon at trial was in Mr. Hinton’s confession. If Mr. Hinton's statements, even before his confession, were the source of information about Mr. Dixon, and if those statements were coerced, any evidence from Mr. Dixon might be inadmissible as "fruit of the poisonous tree.” See United States v. Ienco, 182 F.3d 517, 526 (7th Cir.1999) (citing Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)) (<HOLDING>). However, Mr. Hinton has never argued that Mr. Options: A. holding admissible certain evidence which would not have been obtained but for violations of constitutional requirements B. recognizing private damage action for fourth amendment violations by federal officers C. holding that parole boards do not have to exclude evidence obtained in violation of the fourth amendment D. holding that the government may not introduce evidence obtained through violations of the fourth amendment E. holding that state law is immaterial for fourth amendment search analysis and refusing to suppress evidence obtained illegally under state law after warrantless arrest because the arrest rules that the officers violated were those of state law alone and as we have just concluded it is not the province of the fourth amendment to enforce state law that amendment does not require the exclusion of evidence obtained from a constitutionally permissible arrest

assistant: The best answer is D. holding that the government may not introduce evidence obtained through violations of the fourth amendment
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: preceding a victim’s almost instantaneous death may be considered as contributing to the heinous nature of the capital felony.... From defendant’s statement we find the victim was ‘screaming’ prior to death. A frightened eight-year-old girl being strangled by an adult man should certainly be described as heinous, atrocious, and cruel.”). Accordingly, we find beyond a reasonable doubt that the HAC aggravator would have been found with a proper instruction. Issue three is whether the trial court abused its discretion in denying appellant’s request to interview jurors under rule 4-3.5(d)(4), Rules Regulating the Florida Bar. This issue is proeedurally barred because it could have and should have been raised on direct appeal. See Brown v. State, 755 So.2d 616, 620 n. 4, 621 n. 7 (Fla.2000) (<HOLDING>); Gaskin v. State, 737 So.2d 509, 512 n. 5, 513 Options: A. holding same issue to be procedurally barred for abovestated reason B. holding that successive motions for postconviction relief are procedurally barred C. holding as procedurally barred an initial postconviction claim alleging juror misconduct D. holding that defendant was procedurally barred from raising issue on appeal where issue was listed as grounds in motion for new trial E. holding that a prosecutorialmisconduct claim was procedurally barred when raised for the first time on appeal

assistant: The best answer is A. holding same issue to be procedurally barred for abovestated reason
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’s initial base salary (the “ Base Salary ”) shall be Seven Hundred Ten Thousand Dollars ($710,000.00) per annum, payable in accordance with the Company’s normal payroll practices. Executive’s Base Salary may be increased at the discretion of the Board but may not be decreased by the Board except as a proportional reduction, as to the salaries of all other officers of the Company at the level of Vice President and above as part of an overall reduction in salaries decided by the Board in good faith as being in the best interests of the Company and its stockholders, and will only be so reduced during such time as all such other executive officer salaries remain so reduced.

assistant: Base Salary
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: Subscriber has all requisite power and authority (and in the case of an individual, capacity) to purchase and hold the Securities, to execute, deliver and perform Subscriber’s obligations under this Subscription Agreement and when executed and delivered by Subscriber, this Subscription Agreement will constitute legal, valid and binding agreements of Subscriber enforceable against Subscriber in accordance with their terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ and contracting parties’ rights generally, and except as enforceability may be subject to general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).

assistant: Enforcements
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: Buyer is duly organized, validly existing, and in good standing under the laws of the State of Delaware. Buyer has all requisite corporate, limited liability company or partnership power and authority to execute and deliver, and to perform all its obligations under, this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: In entering into this Agreement, the Company is relying on the unique personal services of Executive; services from another person will not be an acceptable substitute. Executive may not assign this Agreement or any of the rights or obligations set forth in this Agreement without the written consent of the Company; provided, however, Executive may assign any right to receive payment under this Agreement. Any attempted assignment by Executive in violation of this Section 11 shall be void. This Agreement, and any rights and obligations hereunder, shall be assigned by the Company to a successor by merger or a purchaser of substantially all of the assets of the Company.

assistant: Assignments
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: where applicable and permitted under applicable law , you also agree to waive any `` moral rights '' ( or the equivalent under applicable law ) such as your right to be identified as the author of any user content , including feedback , and your right to object to derogatory treatment of such user content .

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: “automatically satisfied] the more than slight or minimal effect standard.” Fanning, 827 F.2d at 633 n. 3 (citing Nieves, 775 F.2d at 14). After Fanning was decided, the Commissioner revised the regulations pertaining to the evaluation of mental disorders to clarify that for purposes of applying section 12.05C, we will assess the degree of functional limitation the additional impairment(s) imposes to determine if it significantly limits your physical or mental ability to do basic work activities, i.e., is a “severe” impairment(s), as defined in §§ 404.1520(c) and 416.920(c). If the additional impairment(s) does not cause limitations that are “severe” as defined in §§ 404.1520(c) and 416.920(c), we will not find that the additional impairments) imposes “an additional and significan 985) (<HOLDING>). For all of the foregoing reasons, the ALJ’s Options: A. holding that a claimant who watered a garden occasionally visited friends and was able to get on and off an examination table was disabled because he could not perform sedentary work B. holding that the alj erred in rejecting the iq of a claimant whose work history was limited primarily to working for his father C. holding that the record was not inconsistent with mental retardation meeting section 1205 where the claimant dropped out in tenth grade obtained a ged and could read write add and subtract but had problems with multiplication and division D. holding claimant suffered permanent total disability where functional disability was only twentyfive or thirty percent claimant was fiftynine years of age claimant had little or no education and the injury kept the claimant from performing physical work E. holding that the second prong of the c criteria in section 1205 was satisfied where the claimant was limited to light or sedentary work

assistant: The best answer is E. holding that the second prong of the c criteria in section 1205 was satisfied where the claimant was limited to light or sedentary work
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 Disclosure Schedule and each Exhibit delivered pursuant to the terms of this Agreement must be in writing and will constitute a part of this Agreement. This Agreement, together with the Disclosure Schedule and Exhibits and the Non Disclosure Agreement dated September 4, 2007 by and between the parties, and the other agreements and instruments delivered at the Closing, constitutes the entire agreement among the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral, of the parties in connection therewith.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand and agree that the yahoo services is provided `` as-is '' and that yahoo assumes no responsibility for the timeliness , deletion , mis-delivery or failure to store any user communications or personalization settings .

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: As of the date hereof, the authorized capital stock of the Company is set forth in the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2017. Except as disclosed in the SEC Documents (as defined below), (i) no shares of the Company’s capital stock are subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company, (ii) there are no outstanding debt securities, (iii) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its Subsidiaries, or contracts, commitments, understandings or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries or options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its Subsidiaries, (iv) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of their securities under the Securities Act (except the Registration Rights Agreement), (v) there are no outstanding securities or instruments of the Company or any of its Subsidiaries which contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company or any of its Subsidiaries is or may become bound to redeem a security of the Company or any of its Subsidiaries, (vi) there are no securities or instruments containing anti-dilution or similar provisions that will be triggered by the issuance of the Securities as described in this Agreement and (vii) the Company does not have any stock appreciation rights or “phantom stock” plans or agreements or any similar plan or agreement. The Company has furnished to the Investor true and correct copies of the Company’s Articles of Incorporation, as amended and as in effect on the date hereof (the “ Articles of Incorporation ”), and the Company’s Bylaws, as amended and as in effect on the date hereof (the “ Bylaws ”), and summaries of the terms of all securities convertible into or exercisable for Common Stock, if any, and copies of any documents containing the material rights of the holders thereof in respect thereto.

assistant: Capitalization