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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sound and vital canon ... that statutes passed for the benefit of dependent Indian tribes ... are to be liberally construed, doubtful expressions being resolved in favor of the Indians.” Bryan, 426 U.S. at 391, 392 (citations omitted). Thus, any statutory ambiguity as to whether the State can enforce a warrant against the Tribe should be read to protect Indian sovereignty. Reading the plain language of the statute and applying long-established canons of construction relevant to Indian law cases, the United States Supreme Court and the Ninth Circuit have interpreted Public Law 280 to extend jurisdiction to individual Indians and not to Indian tribes. See Id. at 389, 96 S.Ct. 2102 (interpreting Public Law 280 and observing that “the 1, 211-12, 98 S.Ct. 1011, 55 L.Ed.2d 209 (1978) (<HOLDING>). Defendants assert that because tribes are no Options: A. holding that an indian tribes exercise of criminal jurisdiction over nonindians is inconsistent with the domesticdependent status of the tribes and that tribes may not assume such jurisdiction without congressional authorization B. holding that federal legislation with respect to indian tribes is not based upon impermissible racial classifications and noting that article i 8 of the constitution gives congress the power to regulate commerce with the indian tribes C. recognizing the inherent power of indian tribes to exercise criminal jurisdiction over all indians D. holding that indian tribes could only exercise criminal jurisdiction over tribal members and not other indians E. holding that indian tribes lack tribal jurisdiction over crimes committed by nonmember indians within the tribes reservation

assistant: The best answer is A. holding that an indian tribes exercise of criminal jurisdiction over nonindians is inconsistent with the domesticdependent status of the tribes and that tribes may not assume such jurisdiction without congressional authorization
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: disorders in the Diagnostic and Statistical Manual of the American Psychiatric Association.” Notwithstanding the American Psychiatric Association’s listing alcohol and drug abuse as mental disorders, this Court has consistently held that voluntary intoxication is not a mental disturbance for purposes of the (f)(2) mitigating circumstance. See, e.g., Geddie, 345 N.C. at 103, 478 S.E.2d at 161-62. As discussed above the evidence in this case did not establish a mental or emotional disturbance supporting submission of the (f)(2) mitigator. On this record the trial court did not err by failing to submit the (f)(2) mitigating circumstance and submitting instead the (f)(6) mitigating circumstance for the jury’s consideration. See State v. Syriani, 333 N.C. 350, 395, 428 S.E.2d 118, 142-43 (<HOLDING>), cert. denied, 510 U.S. 948, 126 L. Ed. 2d 341 Options: A. holding that if the site where the contraband is found is in joint rather than exclusive possession a defendants knowledge of the contrabands presence and his ability to control it cannot be inferred merely from the defendants proximity to the contraband B. holding that a general statement about how the defendant wanted to introduce evidence of medical or mental impairment to show that the defendant lacked the proper mental state was an insufficient offer there must be some meat of the actual evidence C. holding that f6 applies where there is evidence of some mental disorder to the degree that it affected the defendants ability to understand and control his actions D. holding that evidence of witnesss acquittal by reason of mental illness was properly excluded partly because no showing was made that mental disorder affected witnesss credibility E. recognizing that knowledge and dominion and control are separate elements and stating that it is conceivable that an accused might be well aware of the presence of the substance but have no ability to maintain control over it

assistant: The best answer is C. holding that f6 applies where there is evidence of some mental disorder to the degree that it affected the defendants ability to understand and control his actions
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: rule that the claim accrued when the plaintiffs “knew both the fact of injury and its immediate physical cause.” Id. at 487. The plaintiffs’ “ignorance of the involvement of United States employees is irrelevant” to determining when their claim accrues. Id.; accord Gould v. U.S. Dep’t of Health & Human Servs., 905 F.2d 738, 743 n. 2, 745 (4th Cir.1990) (en banc) (discussing Dyniewicz and holding that the FTCA statute of limitations “does not wait until a plaintiff is aware that an alleged tort-feasor is a federal employee”); Zeleznik v. United States, 770 F.2d 20, 23 (3rd Cir.1985) (following Dyniewicz and holding that accrual of an FTCA claim is not delayed until the injured party learns of possible government liability); Steele v. United States, 599 F.2d 823, 827-28 (7th Cir.1979) (<HOLDING>). Moreover, we held that even the government’s Options: A. holding that disputed factual issue existed as to whether claimant knew or by exercise of reasonable diligence should have known prior to running of statute of limitations existence of compensable claim B. holding that inquiry notice triggers an investors duty to exercise reasonable diligence and that the statute of limitations period begins to run once the investor in the exercise of reasonable diligence should have discovered the facts underlying the alleged fraud C. holding that government did not suppress evidence when defendant knew about the existence of the evidence and could obtain it through the exercise of reasonable diligence D. holding that the statute of limitations begins to run under federal law when plaintiffs knew or should have known of the injury which forms the basis of their claims E. holding that the plaintiffs assertion that he neither knew nor in the exercise of reasonable diligence could have known about the governments possible liability for his injury was irrelevant to accrual of his ftca claim

assistant: The best answer is E. holding that the plaintiffs assertion that he neither knew nor in the exercise of reasonable diligence could have known about the governments possible liability for his injury was irrelevant to accrual of his ftca claim
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 must complete the opt-out notice form by providing the information called for in the form , including your name , address ( including street address , city , state and zip code ) , and the user id ( s ) and email address ( es ) associated with the ebay account ( s ) to which the opt-out applies .

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: This Release shall be governed by and construed in accordance with the laws of the State of Texas for contracts made and to be fully performed in such state, without giving effect to any choice of law rules that may require the application of the laws of another jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: parties would suffice to prevent the defendant’s liability.” Id. The central holding of Paton is “[wjhether or not the negligence of a third person may or may not amount to such an intervening cause turns on the issue of whether or not some such negligent act was something the original actor had a duty to anticipate.” Paton, 134 Vt. at 601, 370 A.2d at 217. Thus, Paton supports the conclusion that the original actor can be held liable for the harm caused by the negligence of a third party. Moreover, Arms’ suggestion conflicts with well settled principles of tort law. For example, it has long been established that an original actor can be held liable for the criminal acts of third-parties. See Restatement (Second) of Torts § 448 (1965); Sabia v. State, 164 Vt. 293, 669 A.2d 1187 (1995) (<HOLDING>). Generally, an actor can be found liable if, Options: A. holding that the department of social and rehabilitation services could be held liable for the sexual abuse of the plaintiff by her stepfather B. holding that the states department of social services and a county prosecutor were in privity and satisfied the identity of the party requirement C. holding that a grandmother could be held liable for failure to protect her granddaughter from a known risk of sexual abuse by the grandfather D. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse E. holding that employer who failed to take remedial action could be held liable for sexual harassment of employee by subcontractors employees

assistant: The best answer is A. holding that the department of social and rehabilitation services could be held liable for the sexual abuse of the plaintiff by her stepfather
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: motion for summary judgment. IV. CONCLUSION For the foregoing reasons, the court denies the defendant’s motion to dismiss the plaintiffs discrimination claim and hostile work environment claim. However, because her application for CSRS benefits precludes it, the court dismisses the plaintiffs Rehabilitation Act claim. In addition, the court denies the defendant’s motion for summary judgment on the plaintiffs hostile work environment claim and retaliation and discrimination claims. An order consistent with this Memorandum Opinion is separately and contemporaneously issued this 7th day of August, 2008. 1 . The defendant does ok the same position, holding that plaintiffs can claim SSA benefits and sue their employers under the ADA. Swanks v. WMATA, 116 F.3d 582, 586 (D.C.Cir.1997) (<HOLDING>). 5 . The plaintiff could obtain other CSRS Options: A. holding that offset for social security retirement benefits does not include federal disability benefits and stating that there was no legislative intent to embody the entire subchapter of the social security act dealing with both disability benefits and old age benefits B. recognizing that individuals should not have to choose between seeking ada relief foregofing their entitlement to social security benefits and recovering benefits sacrificing an opportunity for reinstatement while simultaneously shielding their employers from liability for allegedly unlawful discrimination C. holding that use of social security benefits satisfied child support obligation D. recognizing general enforceability of plan provisions reducing benefits by amount of any social security benefits E. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits

assistant: The best answer is B. recognizing that individuals should not have to choose between seeking ada relief foregofing their entitlement to social security benefits and recovering benefits sacrificing an opportunity for reinstatement while simultaneously shielding their employers from liability for allegedly unlawful discrimination
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 disciplinary actions taken by other licensing jurisdictions, as opposed to entities, such as individual courts and intermediate state appellate courts, that require already licensed lawyers to obtain a special certificate to practice before them. In this case, the federal district court judge held Stubbs in contempt of court based on his violation of a local court rule. While the federal district court had authority to discipline or suspend Stubbs from the practice of law in its court for misconduct or violation of its local rules, the federal court was not “another jurisdiction” within the meaning of Rule 9.4 in that it has no authority to confer or revoke Stubbs’ license to practice law. See Frazier v. Heebe, 482 U. S. 641, 648, n. 7 (107 SC 2607, 96 LE2d 557) (1987) (<HOLDING>); Theard v. United States, 354 U. S. 278, 281 Options: A. holding that state sovereign immunity bars state constitutional claims B. holding that eleventh amendment bars federal suits against state courts C. holding the eleventh amendment bars suits in federal court against the state of kansas or one of its agencies D. recognizing autonomy of state and federal bars E. holding that failure to comply with state contemporaneous objection rule bars federal review absent a showing of cause and prejudice

assistant: The best answer is D. recognizing autonomy of state and federal bars
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: Hiibel was also arrested for the misdemeanor charge of domestic battery. This charge was dismissed at the State’s request, prior to trial. 2 See Papachristou v. City of Jacksonville, 405 U.S. 156, 164 (1972). 3 Brown v. Texas, 443 U.S. 47, 52-53 (1979). 4 Public Utilities Comm’n v. Pollak, 343 U.S. 451, 468 (1952) (Douglas, J., dissenting). 5 Terry v. Ohio, 392 U.S. 1, 9 (1968) (citing Union Pacific Railway Co. v. Botsford, 141 U.S. 250, 251 (1891)). 6 Id. 7 Id. (citing Elkins v. United States, 364 U.S. 206, 222 (1960)). 8 Brown, 443 U.S. at 53 n.3 (“We need not decide whether an individual may be punished for refusing to identify himself in the context of a lawful investigatory stop which satisfies Fourth Amendment requirements.”); Kolender v. Lawson, 461 U.S. 352, 361-62 n.10 (1983) (<HOLDING>). 9 Albright v. Rodriguez, 51 F.3d 1531, Options: A. recognizing a substantiveprocedural distinction not at issue here specifically holding that the fourth amendment exclusionary rule did not apply where an ordinance was held unconstitutional on vagueness grounds B. holding that a california statute requiring an individual who loitered or wandered the streets to produce credible and reliable identification to an officer upon request of a police officer was unconstitutional on vagueness grounds but refusing to consider whether the statute violated the fourth amendment C. holding that an alcoholic beverage control officer was a public officer within the meaning of the statute D. holding that an officer violates the fourth amendment if he unreasonably creates an encounter in which an individual would be unable to react in order to avoid presenting a deadly threat to the officer E. holding that an arrest made by an officer outside his jurisdiction does not violate the fourth amendment

assistant: The best answer is B. holding that a california statute requiring an individual who loitered or wandered the streets to produce credible and reliable identification to an officer upon request of a police officer was unconstitutional on vagueness grounds but refusing to consider whether the statute violated 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 legal provision and list the applicable contract clause categories. Provision: Effective as of the date this Agreement has been fully executed by both parties (the “Forfeiture Date”), Krafcik shall surrender and forfeit, and the Company shall accept, the Forfeit Options as set forth in Exhibit A .

assistant: Forfeitures
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 each Subsidiary will comply with all laws, including all Environmental Laws, and all orders of any Governmental Authority, applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. The Company will maintain in effect and enforce policies and procedures designed to ensure compliance by the Company and its Subsidiaries and the respective directors, officers, employees and agents of the foregoing with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall commence on the Effective Date and shall continue until this Agreement is terminated in accordance with section 3 . The Company recognizes the Effective Date as the Employee’s start date for services rendered for calculating all entitlements pursuant to this Agreement.

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: constitutional right to a trial. This may occur, for example, where a defendant goes to trial to assert and preserve issues that do not relate to factual guilt (e.g. to make a constitutional challenge to a statute or a challenge to the applicability of a statute to his conduct). In each such instance, however, a determination that a defendant has accepted responsibility will be based primarily upon pre-trial statements and conduct. Here, Mr. Francis did put the government to its burden of proof by declining to plead guilty; Mr. Francis insisted on proceeding to trial. However, as the Guideline Commentary makes clear, Mr. Francis remained eligible, at the discretion of the district court, for the § 3E1.1(a) reduction. See also United States v. Garcia, 182 F.3d 1165, 1172 (10th Cir.1999) (<HOLDING>). We conclude that the record adequately Options: A. holding that per se statutory rule is not permissible under fourth amendment B. holding such agreements to be per se illegal C. holding that a 3e11 reduction is not per se unavailable just because the defendant chose to go to trial solely on an affirmative defense D. holding that laches is an affirmative defense E. holding that fair use is an affirmative defense

assistant: The best answer is C. holding that a 3e11 reduction is not per se unavailable just because the defendant chose to go to trial solely on an affirmative defense
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: be deprived of his interests in the absence of a proceeding in which he may present his case with assurance the arbiter is not predisposed to find against him.” Marshall v. Jerrico, Inc., 446 U.S. 238, 242, 100 S.Ct. 1610, 64. L.Ed.2d 182 (1980). Plaintiffs have established that the revocation proceedings before the City Planning Commission lacked the requisite neutrality and impartiality. The City Planner, Norman Birr, acted as an advocate for revocation. (Defs.’ Ex. DX 623; Hr’g Tr. Vol. I at 198-99.) He met with Planning Commission members outside the hearing to review the evidence with them. (Hr’g Tr. Vol. I at 206-07.) Thus, not only were procedural safeguards completely lacking in the revocation hearing, but all pretense of neutrality was abandoned as the City Planner beca .1988) (<HOLDING>). The evidence presented by Hillside Options: A. holding that the plaintiff owner of a restaurantbar stated a cause of action for deprivation of a liberty interest by alleging that the defendant city engaged in a campaign of harassment that infringed on the plaintiffs constitutional right to pursue an occupation B. holding that harassment and delay in plaintiffs attempt to obtain a barbers license constitutes a due process violation of the plaintiffs liberty interest in the pursuit of that occupation C. recognizing the cause of action D. holding citys termination of plaintiffs contracts and publishing negative news report did not constitute the deprivation of a liberty interest even though a significant part of plaintiffs business had involved projects for the city E. holding that members of the city council in their official capacity are not immune from a section 1983 suit against the municipality for deprivation of liberty interest in reputation without due process

assistant: The best answer is A. holding that the plaintiff owner of a restaurantbar stated a cause of action for deprivation of a liberty interest by alleging that the defendant city engaged in a campaign of harassment that infringed on the plaintiffs constitutional right to pursue an occupation
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 addition to being entitled to exercise all rights and remedies provided herein or granted by Law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations described in the foregoing sentence and hereby agrees to waive in any action for specific performance of any such obligation the defense that a remedy at law would be adequate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: when the defendant objects. In reaching this conclusion, we rely on several factors. First, it appears that at common law a court had the power to order a change of venue on its own motion if necessary to ensure the defendant a fair trial. See Crocker v. Justices of Superior Court, 94 N.E. at 372-75. Pursuant to section 2-4-211, IB C.R.S. (1980), the common law of England, with certain limited exceptions, “so far as the same is applicable and of a general nature, ... shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority.” See also Lovato v. District Court, 198 Colo. 419, 425, 601 P.2d 1072, 1075 (1979); Young v. Colorado Nat’l Bank, 148 Colo. 104, 111, 365 P.2d 701, 706 (1961); State v. Valdez, 495 P.2d at 1084, 497 P.2d at 233 (<HOLDING>). The relevant constitutional and statutory Options: A. recognizing that new mexico has adopted the common law unless otherwise abrogated by specific statutory provisions and that the power of a trial court to change venue on its own motion if necessary to assure the defendant a fair trial is part of that common law B. holding that the statutes abrogated the common law C. holding that the defendant waived the issue of change of venue where the trial court denied the motion for a change of venue without prejudice stating that it was willing to reconsider the motion at any time during the jury selection process but the defendant never renewed the motion for a change of venue D. holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms E. recognizing that in the united states it has been held that a court has the inherent power to change venue without reliance on constitutional or statutory authority when necessary to assure a fair trial

assistant: The best answer is A. recognizing that new mexico has adopted the common law unless otherwise abrogated by specific statutory provisions and that the power of a trial court to change venue on its own motion if necessary to assure the defendant a fair trial is part of that common law
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 closing of the transactions contemplated by this Agreement shall occur simultaneously with the other Bridge Financing closings, and which shall occur only upon completion of both of the following: (i) Lucosky Brookman’s receipt of all items required to be delivered prior to Closing as set forth in Section 1.1; and (ii) Lucosky Brookman’s receipt of an aggregate of at least $600,000 of Bridge Financing for the Issuer, including the $___________ being provided by the Investor under this Agreement, on terms substantially identical to the terms being provided to the Investor under this Agreement. If the Closing does not occur on or before December 11, 2017, this Agreement shall be cancelled and Lucosky Brookman shall return the Purchase Price to the Investor. At the Closing, Lucosky Brookman shall deliver the funds from the Bridge Financing to the New Bank Account and Lucosky Brookman shall deliver the Note and the Warrant to the Investor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Papadakis, 643 N.W.2d 349, 354 (Minn.App.2002) (quotation omitted). Ali argues that the evidence was not sufficient to establish that he knew that his khat contained cathinone. The state responds that Ali’s conduct shows that he knew he possessed an illegal controlled substance. Our supreme court has not had occasion to clarify whether Minnesota’s actual-knowledge requirement may be satisfied by proof that the defendant knew that the substance he possess 11th Cir.1989) (“[T]he government need not prove that [defendant] actually knew that the substance involved was methaqualone as long as he knew he was importing a controlled substance.”). State courts have followed the same approach. See, e.g., People v. Martin, 25 Cal.4th 1180, 108 Cal.Rptr.2d 599, 25 P.3d 1081, 1083-84 (2001) (<HOLDING>); State v. Sartin, 200 Wis.2d 47, 546 N.W.2d Options: A. recognizing that a conviction under 841a1 requires knowledge that the substance was a controlled substance but rejecting the argument that knowledge of the exact drug type or quantity is an element of the offense B. holding that mens rea required for possession of a controlled substance is knowledge that defendant possessed a controlled substance C. holding to prove possession the state must show that a defendant possessed a certain substance the substance was illegal and he had knowledge of the presence of the substance D. holding that a defendants knowledge of the presence of the controlled substance and its nature as a restricted dangerous drug requires no further showing of a subjective mental state E. holding that possession of a controlled substance is a crime only if the defendant knowingly possesses the substance and has knowledge of the nature of that substance

assistant: The best answer is D. holding that a defendants knowledge of the presence of the controlled substance and its nature as a restricted dangerous drug requires no further showing of a subjective mental state
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 are n't allowed to use someone else 's proprietary work or likeness ( either by license or by legal exceptions and limitations such as fair use ) , please do n't post it .

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 of the Parent and the Subsidiaries has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which the Parent or such Subsidiary, as applicable, has set aside on its books adequate reserves in accordance with GAAP and (b) to the extent that the failure to do so could not reasonably be expected to result in a Material Adverse Effect. The charges, accruals and reserves on the books of the Parent and the Subsidiaries in respect of Taxes and other governmental charges are, in the reasonable opinion of the Parent and the Borrower, adequate. No Tax Lien has been filed (other than Excepted Liens) and, to the knowledge of the Parent or the Borrower, no claim is being asserted with respect to any such Tax or other such governmental charge.

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: This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein. No supplement, modification, waiver or termination of this Agreement shall be binding unless executed writing by the party to be bound thereby. No Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver or continuing waiver of any other provision hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: basis. This being so, the state could not refuse to accept religious reasons for unemployment on equal footing with secular reasons for unemployment. Or, as the Smith Court explained the holding in Sherberb and the Court’s other unemployment compensation cases, “where the State has in place a system of individual exemptions, it may not refuse to extend that system to cases of ‘religious hardship’ without compelling reason.” Smith, 494 U.S. at 884, 110 S.Ct. 1595. Smith’s “individualized exemption” exception is limited, then, to systems that are designed to make ease-by-case determinations. The exception does not apply to statutes that, although otherwise generally applicable, contain express exceptions for objectively defined categories of persons. See Swanson, 135 F.3d at 698, 701 (<HOLDING>); Hicks v. Halifax County Bd. of Educ., 93 Options: A. holding that records of students evaluation by school psychologist were not subject to the psychologistpatient privilege because the student and his mother did not expect the communications to remain confidential and because the purpose of the interview was to assess the students need for special education services not for the purpose of treatment or counseling B. holding that the defendant school officials did not create the students danger or increase their risk of harm where female students were physically verbally and sexually molested by male students in a unisex bathroom and in a darkroom C. holding that school district policy requiring that students obtain the review and approval of school officials prior to distributing any written material violated free speech rights of students D. holding that a school districts policy requiring fulltime attendance by all students did not establish a system of individualized exceptions that give rise to the application of a subjective test when the exceptions to the policy were confined to strict categories of students such as fifthyear seniors and special education students E. holding schoolfinance system did not violate article viii by allowing taxpayers to choose whether to pay for education of nonresident students purchase average daily attendance credits or contract for the education of nonresident students

assistant: The best answer is D. holding that a school districts policy requiring fulltime attendance by all students did not establish a system of individualized exceptions that give rise to the application of a subjective test when the exceptions to the policy were confined to strict categories of students such as fifthyear seniors and special education students
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 shall be governed by, and construed in accordance with the law of the State of New York without regard to any otherwise applicable principles of conflicts of law (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law).

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: in his sentence of death, see § 13A-5—53(b)(3), and that the trial court should have considered the fact that Meeks was not prosecuted as a mitigating circumstance. (Gavin’s brief at p. 131.) “Although Meeks was initially charged with the capital murder, that charge was dismissed because the prosecutor and the investigators believed that Meeks was not a participant in the murder. Meeks testified at trial that he did not participate in the murder, but that when Gavin got out of the car, he thought Gavin was going to ask the driver of the van for directions. Nothing in the record supports Gavin’s assertion that Meeks was a participant in the murder and that Meeks’s lack of prosecution should have been considered by the trial court. Compare Ex parte Burgess, 811 So.2d 617 (Ala.2000)(<HOLDING>). Thus, we find no error on the part of the Options: A. holding that firstdegree murder is one crime although the defendant can commit the crime in several ways B. holding that the crime of rape is a lesser included offense of the crime of felony murder in the perpetration of rape and that since the latter crime included all of the elements of the former consecutive sentences were therefore improper C. holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted D. holding that the trial court should have considered in mitigation the fact that burgess was the only one of six participants in the crime two of whom admitted that they participated in the crime who was charged with and prosecuted for the murder E. holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder

assistant: The best answer is D. holding that the trial court should have considered in mitigation the fact that burgess was the only one of six participants in the crime two of whom admitted that they participated in the crime who was charged with and prosecuted for the murder
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: You will treat confidentially any information (whether written or oral) that either we or our financial advisor, Mesirow Financial, Inc. (“Mesirow”), or our other representatives furnish to you in connection with a Possible Transaction, together with analyses, compilations, studies or other documents prepared by you, or by your representatives (as defined hereinafter) which contain or otherwise reflect such information or your review of, or interest in, the Company (collectively, the “Evaluation Materials”). The term “Evaluation Materials” includes information furnished to you orally or in writing (whatever the form or storage medium) or gathered by inspection, and regardless of whether such information is specifically identified as “confidential”.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when executed and delivered, is an original, and all taken together, constitute one Agreement. Delivery of an executed signature page of this Agreement by facsimile transmission or electronic transmission shall be as effective as delivery of a manually executed counterpart hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: the parties have contracted directly, such a duty may arise if one party’s conduct “creates a new hazard” resulting from something more than nonperformance. See Fultz, 683 N.W.2d at 592-93; see also Hill, 822 N.W.2d at 202. Some older cases draw a distinction between nonfeasance and misfeasance, finding only the latter to be actionable in tort, but this approach has largely been supplanted by the “separate and distinct” and “new hazard” standards. See Fultz, 683 N.W.2d at 592 (“[T]he former misfeasance/nonfeasance inquiry ... is defective because it improperly focuses on whether a duty was breached instead of whether a duty exists at all.”). Under Michigan law, ADT did not owe Ram a statutory or common-law duty to detect the burglary or dispatch police. See Spengler, 505 F.3d at 458 (<HOLDING>); see also Hill, 822 N.W.2d at 196 (no common Options: A. holding that rule 415f worked to cure deficiencies in service of process in action to enforce a judgment lien on real estate where service was provided at debtors last residential address known to lienholder because address was used during underlying lawsuit lienholders attorney checked county record to verify address information debtor did receive summons and residential address was on the former situs of debtors business B. holding that a correct address could have been determined by checking telephone directory C. holding that considering an amendment is not the time to address the merits of a case D. holding that adts failure to dispatch ems to correct address was not actionable in tort E. holding that trial court did not abuse its discretion in refusing to require disclosure of witness address because personal safety exception applied noting that defendant knew victims prior address thereby limiting value of victims most current address

assistant: The best answer is D. holding that adts failure to dispatch ems to correct address was not actionable in tort
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: ... if committed while the person is on probation for a conviction of a felony offense or parole, work furlough or any other release or escape from confinement for conviction of a felony offense shall be sentenced to life imprisonment and is not eligible for suspension or commutation of sentence, probation, pardon, parole, work furlough or release from confinement on any other basis ... until the person has served not less than twenty-five years. 2 . A.R.S. § 13-604(1) provides, in part, that: “A person who has been convicted in any court outside the jurisdiction of this state of an offense which if committed within this state would be punishable as a felony or misdemean- or is subject to the provisions of this section.” See also State v. Decker, 172 Ariz. 33, 833 P.2d 704 (1992) (<HOLDING>). 3 . A.R.S. § 13-702(D)(11) states that prior Options: A. holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense B. holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction C. holding that felony conviction for which imposition of sentence was stayed could be counted as prior felony conviction under sentencing guidelines D. holding that proof of an agreement to commit a felony is not a necessary element in a conviction for the commission of the felony E. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense

assistant: The best answer is B. holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction
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 Employment Agreement may not be assigned by Executive. This Employment Agreement may be assigned by the Company, without Executive’s consent, to (1) any affiliate of the Company (so long as the Company or such affiliate remains liable for any amounts due hereunder), or (2) any other successor in interest to the Company’s business and assets (whether by merger, sale of assets, contribution of assets or otherwise). This Employment Agreement shall be binding on and inure to the benefit of the Company and its successors and 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 legal provision and list the applicable contract clause categories. Provision: (a) The Borrowers shall make each payment hereunder and under the other Loan Documents, without any right of counterclaim or set-off, not later than 1:00 P.M. on the day when due in U.S. dollars to the Agent into the account specified by the Agent in writing from time to time in same day funds. The Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest or commitment fees (i) in the case of Term Loans, ratably (other than amounts payable pursuant to Section 2.12, 2.15 or 9.04(c)) to the Term Lenders for the account of their respective Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Term Lender to such Term Lender for the account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement and (ii) in the case of Line of Credit Loans, to the applicable Line of Credit Lender(s) . Upon its acceptance of an Assignment and Acceptance and recording of the information contained therein in the Register pursuant to Section 9.07(c), from and after the effective date specified in such Assignment and Acceptance, the Agent shall make all payments hereunder and under the other Loan Documents in respect of the interest assigned thereby to the Lender assignee thereunder, and the parties to such Assignment and Acceptance shall make all appropriate adjustments in such payments for periods prior to such effective date directly between themselves.

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: The provisions of Sections 1.3, 1.4, 3.1, 3.2, 3.3 and Section 4.1 through 4.11 hereof shall survive the termination for any reason or expiration of this Agreement for the period described or referenced in each such Section or, if no period is described or referenced in such Section, indefinitely.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: virtual money is a category of content , so the purchase of virtual money grants you only a limited , nontransferable , non-sublicensable , revocable license to use such virtual money to access and purchase virtual goods in conjunction with your personal , noncommercial use of the services .

assistant: None