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 legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, the Administrative Agent shall make all payments in respect of [the] [each] Assigned Interest (including payments of principal, interest, fees and other amounts) to [the] [the relevant] Assignor for amounts which have accrued to but excluding the Effective Date and to [the] [the relevant] Assignee for amounts which have accrued from and after the Effective Date. Notwithstanding the foregoing, the Administrative Agent shall make all payments of interest, fees or other amounts paid or payable in kind from and after the Effective Date to [the] [the relevant] Assignee.

assistant: Payments
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 failure or delay by the Administrative Agent or any Guaranteed Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Loan Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Vendor is a non-reporting company and financials are unaudited. It a condition of the release of the Purchase Price from escrow are that the financial statements be audited by auditors licensed by the PCAOB to ensure disclosure of the financial condition and operating results for the last two years under the rules of United States generally accepted accounting principles (“US GAAP”) or from the date of incorporation of the Company whatever is greater.

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 case excerpt and choose the best holding from the options. Case excerpt: to the daily business conducted by an attorney, in order to warrant substantial discipline. See, e.g., In re Brown, 674 So.2d 243, 246 (La.1996) (“Conviction of a crime may warrant disbarment, even though the crime was not directly connected with the practice of law.”). With respect to the harshness of the discipline imposed upon Hoare, we agree that a suspension of one or two years, rather than disbarment, appears to be a more typical sanction imposed in disciplinary cases involving an alcohol-related vehicular homicide. See, e.g., Office of Disciplinary Counsel v. Michaels, 38 Ohio St.3d 248, 527 N.E.2d 299 (1988) (eighteen-month suspension); Jones, 759 S.W.2d at 63 (two-year suspension); Matter of Disciplinary Proceeding Against Curran, 115 Wash.2d 747, 801 P.2d 962 (1990) (en banc) (<HOLDING>); Matter of Howard, 143 N.J. 526, 673 A.2d 800 Options: A. holding that consecutive sentences imposed on multiplieitous counts two counts of conspiracy for one drug smuggling enterprise violated double jeopardy clause B. holding that severance was not required when a defendant was charged with five counts of forcible rape two counts of felonious restraint three counts of kidnapping two counts of armed criminal action two counts of forcible sodomy one count of second degree assault one count of first degree robbery and one count of stealing C. holding that issues underlying all counts were sufficiently intertwined that the separate appeal of the summary judgment counts would complicate the trial of the remaining counts D. holding that twoyear delay was not reasonable E. holding that presumptive sanction for two counts of vehicular homicide is twoyear suspension

assistant: The best answer is E. holding that presumptive sanction for two counts of vehicular homicide is twoyear suspension
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 waiver or course of dealing shall be established by (a) the failure or delay of Agent or any Lender to require strict performance by any Obligor under any Loan Document, or to exercise any rights or remedies with respect to Collateral or otherwise; (b) the making of any Loan or issuance of any Letter of Credit during a Default, Event of Default or other failure to satisfy any conditions precedent; or (c) acceptance by Agent or any Lender of any payment or performance by an Obligor under any Loan Documents in a manner other than that specified therein. Any failure to satisfy a financial covenant on a measurement date shall not be cured or remedied by satisfaction of such covenant on a subsequent date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no Proceeding pending or, to such Seller’s Knowledge, threatened against such Seller before any Governmental Authority which would impair such Seller’s ownership of the applicable Company Shares or otherwise prevent or delay the Closing. Such Seller is not subject to any outstanding Order that would impair such Seller’s ownership of the applicable Company Shares or otherwise prevent or delay the Closing.

assistant: Litigations
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 injurious instrumentality at the time of the alleged negligence.” Id. at 33, 574 P.2d at 826. ¶ 13 However, we decline to view Jackson as a departure from the rule that a claimant must identify, to a degree of probability, which of multiple defendants controlled the instrumentality that injured him. Notably, the court in Jackson did not reject, but rather reiterated, the general rule that a claimant must bring “circumstantial evidence supporting the inference that the defendant(s) probably is responsible for the harm to the plaintiff.” Id. at 32, 574 P.2d at 825. And, since Jackson, our appellate courts have repeatedly applied the exclusive-control rule without correction from the supreme court. See, e.g., Ruiz v. Otis Elevator, 146 Ariz. 98, 101, 703 P.2d 1247, 1250 (App.1985) (<HOLDING>); Gaston v. Hunter, 121 Ariz. 33, 50, 588 P.2d Options: A. holding that the doctrine of res judicata applies to deportation proceedings B. holding that res judicata applies in deportation proceedings C. holding res judicata also applies to those in privity with parties D. holding res ipsa applies to two defendants in joint control of instrumentality E. holding authority to control limits duty to control

assistant: The best answer is D. holding res ipsa applies to two defendants in joint control of instrumentality
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: ebay 's automated systems scan and analyze the contents of every message sent through its messages platform , including messages between users , to detect and prevent fraudulent activity or violations of ebay 's user agreement , including the incorporated terms , notices , rules , and policies .

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: for a mistrial. See Van Alstine v. State, 263 Ga. 1, 2-3 (426 SE2d 360) (1993) (noting that the decision over “what trial motions should be made[ ] and all other strategic and tactical decisions are the exclusive province of the lawyer after consultation with his client”) (citation and punctuation omitted; emphasis supplied). Nevertheless, the ultimate decision over whether to move for a mistrial is a strategic one made by the lawyer, not the client. See id.; Fortson v. State, 240 Ga. 5 (1) (239 SE2d 335) (1977); Berry v. State, 262 Ga. App. 375, 377 (2) (c) (585 SE2d 679) (2003) (noting that “counsel’s decision whether to move for a mistrial generally falls within the ambit of trial strategy”) (footnote omitted). See also United States v. Burke, 257 F3d 1321, 1324 (11th Cir. 2001) (<HOLDING>). And, the fact that defense counsel and his Options: A. holding that the decision whether to seek a mistrial is a tactical decision entrusted to defense counsel binding the defendant even when the defendant expressed a contrary wish to his lawyer B. holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision C. holding that there is an inference from the existence of a blank for the name of defendants lawyer and from the absence of any evidence to the contrary that defendant was not represented by counsel D. holding that defense counsel gathered sufficient evidence to make a reasonable tactical decision not to conduct further investigations into his clients mental health when psychiatric experts interviewed the defendant for more than twenty hours and informed defense counsel that they could not find any basis for a mental defense E. holding that defense counsels decision not to call defendant to the stand despite defendants repeatedly expressed desire to testify on his own behalf was not ineffective assistance of counsel but was a reasonable tactical decision by counsel not to subject defendant to all of the risk attendant on crossexamination

assistant: The best answer is A. holding that the decision whether to seek a mistrial is a tactical decision entrusted to defense counsel binding the defendant even when the defendant expressed a contrary wish to his lawyer
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 you believe that your work has been copied in a way that constitutes copyright infringement , or your intellectual property rights have been otherwise violated , please provide yahoo 's copyright agent the following information :

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: Tischendorf v. Tischendorf 321 N.W.2d 405, 410 (Minn.1982). Although appellant did not raise his equal protection argument in the district court, we believe the conditions described in Tis-chendorf have been met here, and elect to review the issue. “The granting of jail credit is not discretionary with the trial court.” State v. Cameron, 603 N.W.2 Guidelines III.C.3 (credit for confinement as a condition of stayed sentence “is limit ed to time spent in jails, workhouses, and regional correctional facilities”); Minn. Sent. Guidelines cmt. Ill .C.04 (“Credit should not be extended for time spent in residential treatment facilities or on electric home monitoring as a condition of a stay of imposition or stay of execution.”); see also State v. Bonafide, 457 N.W.2d 211, 215 (Minn.App.1990) (<HOLDING>). Although treatment may be available both as Options: A. holding that a defendant who does not receive concurrent sentences on multiple charges is not entitled to have his jail time credit pyramided by being given credit on each sentence for the full time he spends in jail awaiting disposition he is only entitled to jail credit on the first of the consecutive sentences quoting daniels v state 491 so2d 543 545 fla1986 B. holding that the statutory entitlement to presentence jail credit starts with the initial arrest for a criminal offense C. holding that a defendant must be granted credit for time served in any institution serving as the functional equivalent of a county jail D. holding defendant who received treatment in a state hospital was not entitled to jail credit for that time E. holding that jail credit may be granted for presentence custodial period spent under a civil commitment order at state security hospital and observing that denying credit for time relating to probationary conditions is not inconsistent with that holding

assistant: The best answer is E. holding that jail credit may be granted for presentence custodial period spent under a civil commitment order at state security hospital and observing that denying credit for time relating to probationary conditions is not inconsistent with that holding
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: Set forth on Schedule 3.11 is a complete and accurate summary of the property and casualty insurance program of the Loan Parties as of the Effective Date (including the names of all insurers, policy numbers, expiration dates, amounts and types of coverage, annual premiums, exclusions, deductibles, self-insured retention and a description in reasonable detail of any self-insurance program, retrospective rating plan, fronting arrangement or other risk assumption arrangement involving any Loan Party). The properties of the Borrower and its Restricted Subsidiaries are insured with financially sound and reputable insurance companies not Affiliates of the Borrower, in such amounts, with such deductibles and covering such risks as are customarily carried by companies engaged in similar businesses and owning similar properties in localities where the Borrower or the applicable Restricted Subsidiary operates.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that an anti-sodomy statute violated the due-process rights of consenting, homosexual adults. See Lawrence v. Texas, 539 U.S. 558, 578, 123 S.Ct. 2472, 156 L.Ed.2d 508 (2003). After Romer and Lawrence, federal courts began to conclude that discrimination on the basis of sexual orientation that is not rationally related to a legitimate governmental interest violates the Equal Protection Clause. See, e.g., Johnson, 385 F.3d at 532; Nabozny v. Podlesny, 92 F.3d 446, 456 (7th Cir.1996); Pratt, 803 F.Supp.2d at 153 n. 12; Massey, 256 F.Supp.2d at 1095; Park v. Trs. of Purdue Univ., No. 4:09-CV-087-JVB, 2011 WL 1361409, at *7 (N.D.Ind. Apr. 11, 2011); Praylor, 2005 WL 1528690, at *3; cf. Milligan-Hitt v. Bd. of Trs. of Sheridan Cnty. Sch. Dist. No. 2, 523 F.3d 1219, 1233-34 (10th Cir.2008) (<HOLDING>). The Court concludes that in 2009, when Devlin Options: A. 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 B. holding discrimination based on pregnancy was not sex discrimination C. holding unconstitutionality of sexualorientation discrimination not clearly established before lawrence in june 2003 D. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record E. holding that in a discrimination case plaintiff must prove that firing was a result of intentional discrimination

assistant: The best answer is C. holding unconstitutionality of sexualorientation discrimination not clearly established before lawrence in june 2003
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its subsidiaries carry or are entitled to the benefits of insurance, with financially sound and reputable insurers, in such amounts and covering such risks as is generally maintained by companies of established repute engaged in the same or similar business, and all such insurance is in full force and effect. The Company has no reason to believe that it or any of its subsidiaries will not be able (A) to renew its existing insurance coverage as and when such policies expire or (B) to obtain comparable coverage from similar institutions as may be necessary or appropriate to conduct its business as now conducted and at a cost that would not result in a Material Adverse Effect. Neither of the Company nor any of its subsidiaries has been denied any insurance coverage which it has sought or for which it has applied.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. RATHER THESE RIGHTS AND OBLIGATIONS SHALL BE GOVERNED BY THE LAWS, OTHER THAN CHOICE OF LAW RULES, OF THE STATE OF MICHIGAN.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Loan Agreement will be binding upon and inure to the benefit of Lender and Borrower, and their respective successors and assigns, provided, however, that (a) Borrower may not, without the prior written consent of Lender, assign or encumber any interests, rights, remedies, powers, duties or obligations under this Loan Agreement or any of the other Loan Documents, (b) if no Event of Default then exists, Lender may not, without the prior written consent of Borrower (such consent not to be unreasonably withheld or delayed), assign its interests, rights, remedies, powers, duties or obligations under this Loan Agreement or any of the other Loan Documents to any Person other than an Eligible Assignee, and (c) during the continuance of an Event of Default, Lender may assign its interests, rights, remedies, powers, duties or obligations under this Loan Agreement or any of the other Loan Documents to any Person without the consent of Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Participant remains continuously employed by the Company or a Subsidiary through each Vesting Date set forth in the Notice of Grant, the Restricted Stock Units shall vest (it being understood that Units shall vest cumulatively) and the Company shall electronically register one share of Common Stock in the Participant’s name for each vested Unit.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: viber public chats may include content that is not suitable for children and therefore , persons viewing , following or participating in a public chat must be at least 13 years old .

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 terms of this Agreement, together with the Equity Compensation Agreements are intended by the parties to be the final expression of their agreement with respect to the employment of the Executive by the Company and may not be contradicted by evidence of any prior or contemporaneous agreement, including the Prior Employment Agreement. The parties further intend that this Agreement, and the aforementioned contemporaneous documents, shall constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial, administrative, or other legal proceeding to vary the terms of this Agreement. From and after the date hereof, this Agreement shall supersede the Prior Employment Agreement, except for any rights or obligations which survive pursuant to Section 10 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: The employment relationship between the parties also shall be subject to the Company’s personnel policies and procedures as they may be interpreted, adopted, revised or deleted from time to time in the Company’s sole discretion. Executive will be eligible to participate, on the same basis as similarly situated employees, in the Company’s benefit plans in effect from time to time during his/her employment. All matters of eligibility for coverage or benefits under any benefit plan shall be determined in accordance with the provisions of the such plan. The Company reserves the right to change, alter, or terminate any benefit plan in its sole discretion. Notwithstanding the foregoing, in the event that the terms of this Agreement differ from or are in conflict with the Company’s general employment policies or practices, this Agreement shall control. During the Term, Executive shall be entitled to paid vacations governed by and administered in accordance with the regular policy of the Company, but in any event, no less than twenty (20) working days per annum. The Company will reimburse Executive for reasonable business expenses in accordance with the Company’s standard expense reimbursement policy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Seller will not, directly or indirectly, use the proceeds of Purchases or Reinvestments, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person, (i) to fund any activities or business of or with any Person, or in any country or territory that, at the time of such funding, is, or whose government is, the subject of Sanctions, except to the extent permissible for a Person required to comply with Sanctions, or (ii) in any other manner that would result in a violation of Sanctions or Anti-Corruption Laws by any Person (including any Person participating in the Purchases or Reinvestments, whether as underwriter, advisor, investor or otherwise).

assistant: Sanctions
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 in accordance with the laws of the State of Nevada, without reference to principles of conflict of laws. The captions of this Agreement are not part of the provisions hereof and shall have no force or effect.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent permitted by law , we make no representations and do not warrant to you that the skyscanner services and skyscanner platforms ( a ) are accurate , complete or up to date ; ( b ) will always be available ; ( c ) will meet your expectations ; or ( d ) are secure or are free from errors , faults , defects , viruses or malware .

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: his dependent claims, our decision is based on a different ground than the Board’s, and we think it is appropriate to separately consider dependent claims 15, 30, 44, and 58. Each of these claims adds the following limitation to its corresponding independent claim: “wherein access to the mandatory arbitration is established through the Internet, intranet, World Wide Web, software applications, telephone, television, cable, video [or radio], magnetic, electronic communication, or other communications means.” When an unpatentable mental process is combined with a machine, the combination may produce patentable subject matter, as the Supreme Court’s decision in Diehr and our own decisions in State Street Bank and AT & T have confirmed. See Diehr, 450 U.S. at 178-79, 192-93, 101 S.Ct. 1048 (<HOLDING>); AT & T, 172 F.3d at 1355, 1361 (holding Options: A. holding that absent extraordinary circumstances the press has a common law right to inspect and copy the videotape of depositions used at trial where the witness is unable to provide live testimony privacy interests of an ill witness were not sufficiently extraordinary to preclude press access B. holding patentable a process for curing rubber that used a mathematical algorithm to determine when to open the molding press C. holding patentable a method for analyzing electrocardiograph signals for the detection of a specific heart condition that used electronic equipment programmed to perform mathematical computation D. holding contractors could not claim recreational immunity because they had no continuing authority to determine whether the land should be open to the public E. holding that the press lacks standing to assert the free speech rights of another when the person subject to the gag order has not challenged it

assistant: The best answer is B. holding patentable a process for curing rubber that used a mathematical algorithm to determine when to open the molding press
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A determination that any provision of this Amendment is unenforceable or invalid shall not affect the enforceability or validity of any other provision hereof and any determination that the application of any provision of this Amendment to any person or circumstance is illegal or unenforceable shall not affect the enforceability or validity of such provision as it may apply to any other persons or circumstances.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event that you encounter any problems with any booking you make or attempt to make via skyscanner , you acknowledge that you should resolve that issue with the relevant travel provider and that your sole remedy in such circumstances , including any refund , lies with the relevant travel provider and not with skyscanner .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitrator 's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties , except for a limited right of appeal under the federal arbitration act .

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: apply only to random crime, not to a targeted crime accomplished by, or with the assistance of, an insider. See Timberwalk, 972 S.W.2d at 757-59. Barton is correct that the Timberwalk factors are more applicable to random crime than targeted crime, but the preventative measures that Barton contends Whataburger should have implemented to prevent a robbery by a random criminal or an insider are the same, save for Whataburger’s decision to hire Love in the first instance. In this sense, the Tim-berwalk factors assist in determining whether fact issue exists as to the foreseeability of the robbery based on the evidence that Barton advances regarding the general foreseeability of criminal activity at the restaurant. See .3d 333, 335-36, 346 (Tex.App.-Houston [1st Dist.] 1999, pet. denied) (<HOLDING>). Barton’s expert also averred that an Options: A. holding that sexual assault was not foreseeable because plaintiff produced no evidence of similar criminal acts on or near defendants premises B. holding that evidence of similar incidents is probative as to notice element in premises liability case C. holding that 8 incidents of assault theft robbery or burglary on the premises and 80 similar incidents within a 2bloek area within the prior 3 years did not constitute special circumstances giving rise to a duty to protect D. holding that criminal conduct on premises was not foreseeable E. holding that carjacking and murder were foreseeable in light of 184 reported criminal incidents on premises during previous three years

assistant: The best answer is E. holding that carjacking and murder were foreseeable in light of 184 reported criminal incidents on premises during previous three years
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: with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.” 29 C.F.R. § 1630.2 (emphasis ours). 15 . See also Jackson v. Veterans Admin., 22 F.3d 277, 278-79 (11th Cir.1994) (an employee with numerous sporadic absences was not "otherwise qualified” under the Rehabilitation Act); Tyndall v. National Educ. Ctrs., 31 F.3d 209, 213 (4th Cir.1994) ("[A]n employee must be willing and able to demonstrate, [for the purposes of an ADA claim, the skills necessary to perform the job in question] by coming to work on a regular basis”); Carr v. Reno, 23 F.3d 525, 529 (D.C.Cir.1994) (<HOLDING>); Law v. United States Postal Serv., 852 F.2d Options: A. holding that it is not an appellate courts function to make findings of fact B. holding that imposition of punishment is a judicial function C. holding that coming to work regularly is an essential function D. holding that misrepresentation was essential to plaintiffs claim E. holding it is not reasonable to require an employer to hire a helper to do overhead work for a miner who cannot perform this essential job function alone

assistant: The best answer is C. holding that coming to work regularly is an essential function
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: available to the states with respect to their extended term sentencing schemes in the aftermath of Cunningham: We note that several States have modified their systems in the wake of Apprendi and Blakely to retain determinate sentencing. They have done so by calling upon the jury—either at trial or in a separate sentencing proceeding—to find any fact necessary to the imposition of an elevated sentence.... Other States have chosen to permit judges genuinely “to exercise broad discretion ... within a statutory range,” which, “everyone agrees,” encounters no Sixth Amendment shoal. 549 U.S. at -, 127 S.Ct. at 871 (quoting Booker, 543 U.S. at 233, 125 S.Ct. 738) (footnotes omitted) (some ellipsis points added and some in original); see also Smylie v. State, 823 N.E.2d 679, 685 (Ind.2005) (<HOLDING>). Our legislature attempted to chart a third Options: A. holding that alabamas capital sentencing scheme which utilizes a factfinding jury remains constitutional under hurst B. holding that the district court did not err by failing to specify a final adjusted sentencing range because we apply a presumption of reasonableness only to sentences falling within the initial sentencing range recommended under the guidelines and there is no intrinsic need to specify an adjusted sentencing range to aid our appellate review C. holding that hurst did not render unconstitutional californias capital sentencing scheme which utilizes a jury in the factfinding process D. holding that despite the advisory nature of the sentencing guidelines they remain the starting point and the initial benchmark of a district courts sentencing analysis the district court should begin all sentencing proceedings by correctly calculating the applicable guidelines range and keep that range in mind throughout the sentencing process and that failing to calculate or improperly calculating the guidelines range or failing to adequately explain the chosen sentenceemdashincluding an explanation for any deviation from the guidelines range constitutes significant procedural error E. recognizing two solutions in a sentencing scheme very similar to hawaiis 1 the present system of fixed terms with factfinding assigned to a jury or 2 reform of the system to create a true sentencing range

assistant: The best answer is E. recognizing two solutions in a sentencing scheme very similar to hawaiis 1 the present system of fixed terms with factfinding assigned to a jury or 2 reform of the system to create a true sentencing range
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: 305 S.W.3d 141, 152 (Tex.App.-Houston [1st Dist.] 2009, pet. denied). In this case, appellant seeks to arbitrate a claim against appellees to collect its fees under the contingency fee agreement. In this context, for there to have been a waiver, appellant “must [have], at the very least, engage[d] in some overt act in court that evince[d] a desire to resolve the [same] arbitrable dispute through litigation rather than arbitration.” Haddock v. Quinn, 287 S.W.3d 158, 177 (Tex.App.-Fort Worth 2009, pet. denied). Thus, it is relevant that appellant previously litigated its claim to the same attorney’s fees under the same contract in the suit against Brown in Harris County. See In re Christus Spohn Health Sys. Corp., 231 S.W.3d 475, 481 (Tex.App.-Corpus Christi 2007, orig. proceeding) (<HOLDING>). Furthermore, we note that appellees contend — Options: A. holding that the current party was sufficiently identified with the parties to the prior litigation B. holding res judicata did not bar current litigation when prior litigation between the parties involved one breach of obligation under a joint venture agreement and instant litigation was based upon a different cause of action from a subsequent interference with the same agreement C. holding that a judgment as to the title in a prior litigation was not subject to collateral attack D. holding hospitals prior litigation conduct in criminal case constituted waiver of right to arbitrate where prior litigation involved developing evidence as part of strategic plan for defense of civil suit for damages E. holding that determination of the oklahoma and texas common boundary in a prior suit was conclusive in future litigation

assistant: The best answer is D. holding hospitals prior litigation conduct in criminal case constituted waiver of right to arbitrate where prior litigation involved developing evidence as part of strategic plan for defense of civil suit for damages
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: this failure does not render the information that was reported “false” so as to support a libel claim meeting the § 1681h(e) malice standard. The obligation to report a disputed debt is a protective regulatory requirement imposed by the FCRA. § 1681s-2(a)(3); see also 12 C.F.R. § 226.13. Any failure by MBNA to meet this requirement may render its reporting deficient under the statute, but it does not render the information MBNA did furnish maliciously or wilfully false. So long as the creditor has a good faith reason for believing that the debt is in fact owed, reporting the debt without reporting the dispute does not convey “false” information “with malice or willful intent to injure the consumer.” See Francis v. Dun & Bradstreet, Inc., 3 Cal.App.4th 535, 4 Cal.Rptr.2d 361, 364 (1992) (<HOLDING>). Gorman has offered no evidence that MBNA Options: A. holding that due process was violated where a death sentence was imposed based on information in a presentence report and the defendant was not given an opportunity to deny or explain the information B. holding that even if information in an affidavit was provided in reckless disregard of the truth appropriate course of action is to sever that information from the affidavit and determine whether sufficient information remained in order for the magistrate to find probable cause C. holding that defendant failed to counter the ftcs substantial showing that he made statements and created an overall net impression of a misleading representation regarding the ability to remove negative information from consumers credit report even if the information was accurate complete and not obsolete D. holding that the furnishing of misleading information cannot support a claim for negligent misrepresentation the information must be false E. holding that a defamation claim cannot be sustained for truthful information in a credit report even if the information reported supports misleading inferences

assistant: The best answer is E. holding that a defamation claim cannot be sustained for truthful information in a credit report even if the information reported supports misleading inferences
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: has never adopted the Ellerth/Faragher model for vicarious liability of an employer for [ ] harassment by a supervisor,” instead relying on the “known or should have known” standard for assessing liability. Stricker v. Cessford Construction Co., 179 F.Supp.2d 987, 1014 (N.D.Iowa 2001); see McElroy v. State, 637 N.W.2d 488, 499 (Iowa 2001) (using federal case law to flesh out the distinction between quid pro quo harassment and sexually hostile work environment claims under the ICRA); Greenland v. Fairtron Corp., 500 N.W.2d 36, 38 (Iowa 1993) (analyzing propriety of a sexually hostile work environment claim under the ICRA using the same factors as employed by federal courts in analyzing comparable claims under Title VII); Lynch v. City of Des Moines, 454 N.W.2d 827, 833-34 (Iowa 1990) (<HOLDING>); Chauffeurs, Teamsters and Helpers, Local Options: A. recognizing a hostile work environment claim under section 1983 B. recognizing that the elements of title vii sexually hostile work environment claims apply to icra sexually hostile work environment claims C. holding that the elements of a hostile environment claim under title vii equally apply under title ix D. recognizing hostile work environment discrimination in ada context E. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

assistant: The best answer is B. recognizing that the elements of title vii sexually hostile work environment claims apply to icra sexually hostile work environment claims
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 exhibits and schedules hereto, including Schedule 1-Definitions, constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersede and replace all prior negotiations, discussions, representations, understandings and agreements, whether oral or written, relating to such subject matter.

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 legal provision and list the applicable contract clause categories. Provision: Borrower and each Restricted Subsidiary has all necessary corporate or other organizational power, authority and legal right to execute, deliver and perform its obligations under this Agreement and to consummate the transactions herein contemplated; the execution, delivery and performance by Borrower and each Restricted Subsidiary of this Agreement and the consummation of the transactions herein contemplated have been duly authorized by all necessary corporate, partnership or other organizational action on its part; and this Agreement has been duly and validly executed and delivered by each Credit Party and constitutes its legal, valid and binding obligation, enforceable against each Credit Party in accordance with its terms, except as such enforceability may be limited by (a) bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or similar laws of general applicability from time to time in effect affecting the enforcement of creditors’ rights and remedies and (b) the application of general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby employs Executive, and Executive hereby accepts such employment, for a term (as the same may be extended, the “ Term ”) commencing as of the Effective Date and continuing until December 31, 2020 (the “ Initial Period ”) unless terminated earlier in accordance with the provisions of Section 4. Unless either party notifies the other party of non-renewal in writing, in accordance with Section 10, not less than 90 days prior to the expiration of the Initial Period or any subsequent renewal period, the Term shall automatically be extended for successive one-year periods in accordance with the terms of this Agreement (subject to earlier termination as aforesaid).

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: you agree that all of yahoo 's trademarks , trade names , service marks and other yahoo logos and brand features , and product and service names are trademarks and the property of yahoo holdings , inc. ( the `` yahoo marks '' ) .

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: color of any statute, ordinance, regulation, custom, or usage, of any State ..., subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress .... 42 U.S.C. § 1983 (1994 & Supp.2000). Government officials may be sued in their personal capacities for damages for actions they take in their official capacity or otherwise, provided that while acting under col- or of state law, they cause the deprivation of a federal right. Andrews, ¶ 11, 716 A.2d at 217 (citation omitted). An official may raise the defense of a qualified immunity against such claims. S th Cir.1991) (<HOLDING>); Pitts v. Bd. of Educ., 869 F.2d 555, 556 Options: A. holding that a school principals suspension with pay did not implicate a constitutionally protected property interest B. holding that suspension with pay was not adverse employment action C. holding that a twoday suspension with pay does not deprive plaintiff of measurable property interest D. holding that a suspension with pay does not invade any recognized property interest E. holding that investigatory suspension with pay was not adverse employment action

assistant: The best answer is D. holding that a suspension with pay does not invade any recognized property interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Twogood could have attacked this condition of probation when he pursued his direct appeal of his conviction. The State contends that, because Twogood failed to raise this claim in his direct appeal, he is estopped from pursing this claim now. We need not resolve this issue because, as we have just explained, even if Twogood is entitled to litigate this claim, he is not entitled to relief.) Twogood's claim that Judge Olsen violated Alaska Criminal Rule 32 by failing to sentence him "without unreasonable delay" Under Alaska law, a person who has been convicted of a criminal offense has a right to be sentenced within a reasonable amount of time. See Alaska Criminal Rule 82(a) ("Sentence shall be imposed without unreasonable delay."); Gonzales v. State, 582 P.2d 680, 632 (Alaska 1978) (<HOLDING>). Twogood claims that Judge Olsen violated his Options: A. holding right to testify was federal constitutional right B. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights C. holding that the constitutional right to a speedy trial includes the right to a reasonably prompt sentencing D. holding that a 19month delay between indictment and trial did not violate the constitutional right to a speedy trial E. holding that the constitutional guarantee of a right to trial by jury includes the right to a complete and correct charge of the law so that each issue of fact raised by the evidence will be submitted to the jury on proper instructions

assistant: The best answer is C. holding that the constitutional right to a speedy trial includes the right to a reasonably prompt sentencing