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: section 7104(e). Fluker, 5 Vet.App. at 298. In Fluker, the envelope in which VA mailed the BVA decision was addressed to “244 Allen St., East Montevallo, AL 35115”, whereas the appellant’s correct address was “244 Island St. East, Montevallo, AL 35115.” Fluker, 5 Vet.App. at 298 (emphasis added). In the instant case, the RO’s use of an incorrect ZIP Code for the appellant rendered incorrect the address used to mail the SOC. As to the incorrect ZIP Code, the Court takes judicial notice that the ZIP Code for Tulsa, Oklahoma, is 74134, whereas the ZIP Code used by the RO, 73134, is for Oklahoma City, Oklahoma, and that, according to http:// www.mapquest.com, the driving distance between these two cities is approximately 112 miles. See Smith (Brady) v. Derwinski, 1 Vet.App. 235, 238 (1991) (<HOLDING>) (citing Fed.R.Evid. 201(b)). Moreover, the RO Options: A. holding that the appellate court may take judicial notice of its own records in related proceedings B. holding that cjourts may take judicial notice of facts not subject to reasonable dispute C. recognizing that a court may rely on matters of which a court may take judicial notice D. recognizing that the court may take judicial notice of its own docket E. holding district court could not properly take judicial notice of findings of another court establishing nature of salary dispute in question

assistant: The best answer is B. holding that cjourts may take judicial notice of facts not subject to reasonable dispute
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: FBI background check and then separately provides a 120-day window for the US-CIS to render a decision. This statutory framework precludes an argument that the time required to complete an FBI background check may justify both a delay between an investigation and an examination and one between an examination and a final determination. See Shalan, 2006 WL 3307512 at *2 (“It does not matter whether blame for the delay is properly ascribed to the FBI or USCIS; rather the delay renders the government’s position not ‘substantially justified.’ ”). Second, even if a delay in conducting a FBI background check may, under some circumstances, present a valid justification for the USCIS’s failure to reach a determination within the 120-day window, it does not do so in this case. Compare Id. at *3 (<HOLDING>) and Aro-nov, 06-11526 at 5-7 (holding a delay Options: A. holding a delay of three months past the 120day window unreasonable B. holding that period of three years and nine months of prospective employment was not unreasonable C. holding that delay for three and onehalf years was unreasonable under rule 60b6 D. holding that eight months and ten days of delay was not an unreasonable period of delay to attribute to a codefendant under 3161h7 E. holding a three and onehalf year delay was unreasonable

assistant: The best answer is A. holding a delay of three months past the 120day window unreasonable
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: among other things, the nature of the charge, any mandatory minimum penalty, and the maximum possible penalty. See Fla. R.Crim. P. 3.172(c)(1). However, in determining that a defendant understands the consequences of his plea, the judge is not required to inform a defendant of the collateral consequences of his plea, but only of the direct consequences of it. See, e.g., State v. Fox, 659 So.2d 1324, 1327 (Fla. 3d DCA 1995). The determination of whether a consequence of a plea is direct or collateral “ ‘turns on whether the result represents a definite, immediate and largely automatic effect on the range of the defendant’s punishment.’ ” Zambuto v. State, 413 So.2d 461, 462 (Fla. 4th DCA 1982) (quoting Cuthrell v. Director, Patuxent Institution, 475 F.2d 1364, 1366 (4th Cir.1973) (<HOLDING>)). We agree with the state that the effects of Options: A. holding that probation does not constitute a sentence B. holding that enhancement of sentence after violation of probation was collateral rather than direct consequence of plea C. holding that the sanction of deportation is a collateral not direct consequence of a guilty plea D. holding that probation is not a sentence E. holding that an enhancement in a future sentence based on the present conviction is a collateral consequence and need not be advised of by the district court in its plea colloquy

assistant: The best answer is B. holding that enhancement of sentence after violation of probation was collateral rather than direct consequence of plea
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the rights of the parties hereunder shall be governed by, and construed and interpreted in accordance with, the Laws of the State of Texas without regard to its rules regarding conflicts of Law to the extent that the application of the Laws of another jurisdiction would be required thereby.

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: declined to provide a breath sample. At some point during or after the booking process, appellant complained of chest and wrist pain, so the police called for an ambulance. The trial court found appellant guilty of DWI, and this appeal followed. Sufficiency of the Evidence In his sole issue, appellant argues that the evidence was legally insufficient to support his DWI conviction. A. Standard of Review When reviewing the sufficiency of the evidence, we view all of the evidence in the light most favorable to the verdict to determine whether any rational fact finder could have found the essential elements of the offense beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); Adames v. State, 353 S.W.3d 854, 859 (Tex.Crim.App.2011) (<HOLDING>). Our review of “all of the evidence” includes Options: A. holding that jackson standard is only standard to use when determining sufficiency of evidence B. holding that appellate court could not review the sufficiency of the evidence based on a particular legal standard because that standard was not submitted to the jury and no party objected to the charge on this ground or requested that the jury be charged using this standard C. holding that the standard of review for the sufficiency of the evidence is the same as the standard for denying a motion for a directed verdict D. holding the applicable standard of review in addressing the sufficiency of the evidence is manifest error E. holding that the standard of proof for dischargeability actions is the preponderance of the evidence standard

assistant: The best answer is A. holding that jackson standard is only standard to use when determining sufficiency of evidence
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 evidence’ is insufficient to defeat summary judgment.”); Fed. R.Civ.P. 56(c)(1)(A) ("A party asserting that a fact cannot be or is genuinely disputed must support the assertion by ... citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations ..., admissions, interrogatory answers, or other materials....”). 8 .U.S. Bank Nat’l Assoc. v. U.S. Rent a Car, Inc., 2011 WL 3648225 at *3 (D.Minn. Aug. 17, 2011) (not reported) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). 9 . Id. (citing Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 578, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)). 10 . Nessan v. Lovald 932) (<HOLDING>); Feucht v. Pierce, 2006 WL 3354507 at *4 Options: A. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand B. holding that the appellant had failed to overcome the rule regarding abandonment for this reason C. holding that the relevant intent is not the intent to return ultimately but the intent to return to the united states within a relatively short period D. holding that removal for temporary employment with intent to return was not abandonment E. holding that the general rule is that temporary absence from the premises will not itself cause an abandonment of the homestead but to retain the homestead exemption one leaving the homestead must in good faith intend to return albeit the intent to return need not be at any particular time in the future

assistant: The best answer is D. holding that removal for temporary employment with intent to return was not abandonment
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 entities comprising Seller has filed when due in accordance with all applicable laws (or properly and timely filed an extension therefor) all tax returns required under applicable statutes, rules or regulations to be filed by it. As of the time of filing, such returns were accurate and complete in all material respects. All taxes due with respect to Seller and the Assets, and all additional assessments received, have been paid. None of the entities comprising Seller is delinquent in the payment of any such tax and none has requested any extension of time within which to file any tax return, which return has not since been filed. There are no federal, state, local or other tax liens outstanding on any of the Assets being sold hereunder.

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: Each of the Parties hereto irrevocably agrees that any legal action or proceeding with respect to this Agreement and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of this Agreement and the rights and obligations arising hereunder brought by the other Parties hereto or their respective successors or assigns, shall be brought and determined exclusively in the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware (or, if the Delaware Court of Chancery declines to accept jurisdiction over a particular matter, any federal court within the State of Delaware). Each of the Parties hereto hereby irrevocably submits with regard to any such action or proceeding for themselves and in respect of their property, generally and unconditionally, to the personal jurisdiction of the aforesaid courts and agrees that they will not bring any action relating to this Agreement in any court other than the aforesaid courts. Each of the Parties hereto hereby irrevocably waives, and agrees not to assert in any action or proceeding with respect to this Agreement, (i) any claim that they are not personally subject to the jurisdiction of the above-named courts for any reason, (ii) any claim that they or their property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) and (iii) to the fullest extent permitted by applicable legal requirements, any claim that (A) the suit, action or proceeding in such court is brought in an inconvenient forum, (B) the venue of such suit, action or proceeding is improper or (C) this Agreement, or the subject matter hereof, may not be enforced in or by such courts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: decision. Under the circumstances of this case, we review both the BIA’s and IJ’s opinions. See Yan Chen v. Gonzales, 417 F.3d 268, 271 (2d Cir.2005). The applicable standards of review are well-established. See 8 U.S.C. § 1252(b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir.2009). 1. Asylum and Withholding of Removal We identify no error in the agency’s conclusion that, even when considered cumulatively, the past harms Mulyono alleged did not rise to the level of persecution. See Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 340-41 (2d Cir.2006) (noting that harm must be sufficiently severe and rise above “mere harassment” to be deemed persecution); Poradisova v. Gonzales, 420 F.3d 70, 79-80 (2d Cir.2005); see also Lie v. Ashcroft, 396 F.3d 530, 535-36 (3d Cir.2005) (<HOLDING>); Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Options: A. holding that threats standing alone generally do not constitute past persecution B. holding that personal disputes do not constitute persecution C. holding that isolated criminal attacks do not constitute persecution D. holding that isolated criminal acts by unknown assailants resulting in theft of personal property and minor injury were not sufficiently severe to constitute persecution E. holding that two isolated criminal acts perpetrated by unknown assailants are not sufficiently severe to be considered persecution

assistant: The best answer is C. holding that isolated criminal attacks do not constitute persecution
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 Supplement, together with the Trust Agreement, embodies the entire agreement and understandings among the Owner Participant, the SUBI Owner Participant and the UTI Trustee with respect to SUBI Portfolio. The Trust Agreement, as supplemented by this Supplement, remains in full force and effect.

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: Any renewal, extension, increase, modification, alteration or rearrangement of all or any part of the Repurchase Agreement, the other Transaction Documents or any other document, instrument, contract or understanding between Seller and Buyer or any other party pertaining to the Guaranteed Obligations or any failure of Buyer to notify Guarantor of any such action.

assistant: Modifications
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 has been duly executed and delivered by Holdings and the Borrower and constitutes, and each other Loan Document when executed and delivered by the Borrower and each Subsidiary Loan Party that is party thereto will constitute, a legal, valid and binding obligation of such Loan Party enforceable against the Borrower and each such Subsidiary Loan Party in accordance with its terms, subject to (i) the effects of bankruptcy, insolvency, moratorium, reorganization, fraudulent conveyance or other similar laws affecting creditors’ rights generally, (ii) general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law), (iii) implied covenants of good faith and fair dealing and (iv) any foreign laws, rules and regulations as they relate to pledges of Equity Interests of Foreign Subsidiaries that are not Loan Parties.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a. to youtube , a worldwide , non-exclusive , royalty-free , transferable licence ( with right to sub-licence ) to use , reproduce , distribute , prepare derivative works of , display , and perform that content in connection with the provision of the service and otherwise in connection with the provision of the service and youtube 's business , including without limitation for promoting and redistributing part or all of the service ( and derivative works thereof ) in any media formats and through any media channels ;

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: All covenants, agreements, representations and warranties made by the Borrower in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid. The provisions of Sections 2.15, 2.16, 2.17 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any other Loan Document or any provision hereof or thereof.

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 case excerpt and choose the best holding from the options. Case excerpt: 39, 635 A.2d 412. The federal case law of preemption of state law by federal law under the Supremacy Clause recognizes not only the “prohibit-permit” type of conflict preemption but also the “frustration of purpose” type of conflict preemption. “Frustration of purpose” conflict preemption happens when “ ‘under the circumstances of [a] particular case, [the challenged state law] stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress’ ” in enacting the federal law. Crosby v. Nat’l Foreign Trade Council, 530 U.S. 363, 373, 120 S.Ct. 2288, 147 L.Ed.2d 352 (2000) (quoting Hines v. Davidowitz, 312 U.S. 52 n. 20, 67, 61 S.Ct. 399, 85 L.Ed. 581 (1941)). See also Geier v. Am. Honda Motor Co., 529 U.S. 861, 120 S.Ct. 1913, 146 L.Ed.2d 914 (2000) (<HOLDING>); Int'l Paper v. Ouellette, 479 U.S. 481, 497, Options: A. holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed B. holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict C. holding that even if such claims are cognizable under state law they are preempted in the case of generic drug manufacturers D. holding that where department of transportation regulations did not require department officials to enforce vehicle regulations the departments decision not to do so was discretionary E. holding that the safety act and fmvss 208 did not expressly or impliedly preempt a tort claim based on the manufacturers failure to install lap belts

assistant: The best answer is B. holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict
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 Borrower shall make, execute or endorse, and acknowledge and deliver or file or cause the same to be done, all such vouchers, invoices, notices, certifications and additional agreements, undertakings, transfers, assignments, financing statements or other assurances, and take any and all such other action, as the Agent or the Floor Plan Agent may, from time to time, deem reasonably necessary or proper in connection with any of the Loan Documents, the Obligations of the Borrowers thereunder or for better assuring and confirming unto the Lenders all or any part of the security for any of such Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, none of the Information Memorandum or any written reports, financial statements, certificates or other information furnished by or on behalf of Holdings, the Borrower or any of the other Subsidiaries to the Agent (other than information of a general economic or industry specific nature, projected financial information or other forward looking information) in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or thereunder (as modified or supplemented by other information so furnished prior to the date on which this representation is made or deemed made), taken as a whole, contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading; provided that, with respect to projected financial information, Holdings represents only that such information was prepared in good faith based upon assumptions Holdings believed to be reasonable at the time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands or other communications given hereunder shall be in writing and shall be sufficiently given if transmitted by facsimile or delivered either personally or by a nationally recognized courier service marked for next business day delivery or sent in a sealed envelope by first class mail, postage prepaid and either registered or certified, return receipt requested, to the address for each Party as provided on the signature pages hereto, or to such other address as any such Party shall designate in writing. Any such notice, demand or communication shall be deemed to have been given (a) on the date of delivery, if delivered personally, (b) on the date of facsimile transmission, receipt confirmed, (c) one business day after delivery to a nationally recognized overnight courier service, if marked for next day delivery or (d) five business days after the date of mailing, if mailed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: summary judgment is granted as to Plaintiffs’ ordinary negligence claims because there is no genuine issue of material fact as to whether the Vanhorns were volunteers acting for a nonprofit organization within the scope of their responsibilities. A. Volunteers “Volunteer” is defined as “an individual performing services for a nonprofit organization or a governmental entity who does not receive [] compensation (other than reasonable reimbursement or allowance for expenses actually incurred) [] or [] any other thing of value in lieu of compensation, in excess of $500 per year[.]” 42 U.S.C. § 14505(6). An individual generally qualifies as a “volunteer” if he is not compensated. Segway, Inc. v. Special Olympics Conn., Inc., 2015 WL 1244509, **7-8 (Conn.Super. Feb. 23, 2015) (unpublished) (<HOLDING>); McGeorge v. Town of Hamden, 2012 WL 1434904, Options: A. holding that there was a genuine issue of material fact precluding summary judgment B. holding no issue of material fact as to whether defendant was volunteer because he received no compensation C. holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant D. holding no prejudice occurred because no new information was presented on the material matter in dispute E. holding that there was a triable issue of fact whether a defendant who applied a sprayon fireproofing material was an agent for the manufacturer of the material and thus whether plaintiff is in privity with the manufacturer

assistant: The best answer is B. holding no issue of material fact as to whether defendant was volunteer because he received no compensation
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: liabilities of all the parties.” Fed. R. Civ. P. 54(b); see also United States v. Jerry, 487 F.2d 600, 605 (3d Cir.1973); Gagne v. Schraubenfabrick, 595 F.Supp. 1081, 1083-84 & n. 2 (D.Me. 1984); Vaughn v. Regents of Univ. of Cal., 504 F.Supp. 1349, 1351 and n. 2 (E.D.Cal.1981); 10 Moore’s Federal Practice, § 54.25[4] (Matthew Bender 3d ed.1997). In the Third Circuit, however, “modification of a[] [preliminary] injunction is proper only when there has been a change of circumstances between entry of the injunction and the filing of the motion that would render the continuance of the injunction in its original form inequitable.” Favia v. Indiana Univ., 7 F.3d 332 (3d Cir.1993); see also Township of Franklin Sewerage Auth. v. Middlesex County Utils. Auth., 787 F.2d 117, 121 (3d Cir.1986) (<HOLDING>). We find that the Reassure Defendants have not Options: A. holding that the movant has the initial responsibility of informing the district court of the basis for its motion B. holding that when the district court applies the wrong preliminary injunction standard this court may review the record to determine whether the injunction is justified C. holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith D. holding that a district court has wide discretion to modify an injunction based on changed circumstances or new facts E. holding that the standard that the district court must apply when considering a motion to dissolve an injunction is whether the movant has made a showing that changed circumstances warrant the discontinuation of the order

assistant: The best answer is E. holding that the standard that the district court must apply when considering a motion to dissolve an injunction is whether the movant has made a showing that changed circumstances warrant the discontinuation of the order
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: theory to worker’s compensation case for exposure to toxic substancesXquoting Owens-Illinois, supra, 138 N.J. at 451, 650 A.2d 974); Universal-Rundle Corp. v. Commercial Union Ins. Co., 319 N.J.Super. 223, 243-44, 725 A.2d 76 (App.Div.1999), certif. denied, 161 N.J. 149, 735 A.2d 574 (1999)(using continuous trigger theory to determine respective liability resulting from clean-up costs relating to soil and groundwater contamination); Sayre v. Ins. Co. of North Amer. 305 N.J.Super. 209, 211-12, 701 A.2d 1311 (App.Div.l997)(affirming trial court’s use of continuous trigger liability analysis for progressive indivisible injury resulting from environmental contamination and cleanup of manufacturing site); Gottlieb v. Newark Ins. Co., 238 N.J.Super. 531, 537, 570 A.2d 443 (App.Div.l990)(<HOLDING>). Cf. Aetna Cas. & Surety Co. v. Ply Gem Indus. Options: A. recognizing israel had no interest in denying its citizens the substantive advantages of new jersey defamation law in new jersey residents claims for defamation published in new jersey B. holding that under new jersey law any party that maintains minimum contacts with the state that are continuous and substantial will be subject to personal jurisdiction C. holding that continuous trigger theory reflects the law of new jersey allowing plaintiffs to seek recovery for chemical poisoning claims under successive policies D. holding that a writ of execution under new jersey law is not an action against the consumer E. recognizing that pennsylvania had no interest in denying its residents the greater damages available under new jersey consumer fraud statutes for claims against a new jersey seller

assistant: The best answer is C. holding that continuous trigger theory reflects the law of new jersey allowing plaintiffs to seek recovery for chemical poisoning claims under successive policies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: provided: No collateral, estoppel or res judicata effect of Grievance Procedure decisions and findings shall apply in such de novo judicial trial or other judicial proceedings. 148 Misc.2d 709, 710-11, 568 N.Y.S.2d 258, 258-59 (NY.App.Term 1990). Similarly, in Municipal Housing Authority for the City of Yonkers v. Jones, the Appellate Term held that, despite that fact that the housing authority’s termination decision was made following a full administrative hearing, the court in the summary holdover proceeding was required to conduct a trial de novo, as opposed to the limited due process review. In reaching this conclusion, the court distinguished the language in § 966.57(c) from that of the housing aut sc.3d 135(A), 791 N.Y.S.2d 871 (Table), 2004 WL 1620868 (NY.App.Term 2004) (<HOLDING>). However, unlike the grievance procedures in Options: A. holding that requiring a permit and the restoration of the land after the mining operations had concluded did not preempt federal law however the court did recognize that where a state regulation rendered it impossible to exercise a right granted through federal legislation that state regulation would be in conflict with the federal right B. holding that where a regulation could not fairly be read to have spoken at all on an issue an agencys proposed interpretation of the regulation as it pertained to that issue was not a reasonable interpretation of the regulation C. holding that we review legal conclusions of the court of federal claims de novo D. holding that presumption of vindictiveness is inapplicable in a system which gave a convicted defendant the right to a trial de novo in another court E. holding that the court need not here decide whether the federal regulation creates a right to a trial de novo where none is elsewhere granted or merely preserves such rights if elsewhere granted since we find the regulation to be inapplicable to the case at bar

assistant: The best answer is E. holding that the court need not here decide whether the federal regulation creates a right to a trial de novo where none is elsewhere granted or merely preserves such rights if elsewhere granted since we find the regulation to be inapplicable to the case at bar
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: Should it become necessary for any party to institute legal action to enforce the terms and conditions of this Agreement, the prevailing party will be awarded reasonable attorneys' fees at all trial and appellate levels, expenses and costs. Any suit, action or proceeding with respect to this Agreement shall be brought in the courts of the State of Florida within the County which the Company maintains its primary offices or in the U.S. District Court of Florida for the district in which the Company maintains its primary offices, whichever is applicable. The parties hereto hereby accept the exclusive jurisdiction of those courts for the purpose of any such suit, action or proceeding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Tenant shall take all necessary action to conform to and comply with all laws, orders and regulations of any governmental authority or Landlord’s or Tenant’s insurers, now or hereafter applicable to Tenant’s particular manner of use or occupancy of the Premises (as opposed to general office use), including the federal Occupational Safety and Health Act. Landlord, at its sole cost and expense, shall obtain all required permits and certificates of occupancy for Tenant’s initial occupancy of the Premises, unless Landlord is unable to obtain such permits and certificates of occupancy because of the practices of the local municipality, or because of any work being performed by Tenant, or for any other reason caused by Tenant, in which event Tenant shall obtain any such required permits and certificates of occupancy at its sole cost and expense.

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: This Agreement shall be binding upon the First Lien Representatives, the First Lien Secured Parties, the other First Lien Secured Parties, the Second Lien Representative, the Second Lien Secured Parties, the other Second Lien Secured Parties, the Third Lien Representative, the Third Lien Secured Parties, the other Third Lien Secured Parties, the Company and the other Grantors, and their respective successors and assigns. If any of the First Lien Representatives, the First Lien Collateral Agents, the Second Lien Representative or the Second Lien Collateral Agent, the Third Lien Representative or the Third Lien Collateral Agent resigns or is replaced pursuant to the First Lien Documents, the Second Lien Documents or the Third Lien Documents, as applicable, its successor shall be deemed to be a party to this Agreement and shall have all the rights of, and be subject to all the obligations of, this Agreement. No provision of this Agreement will inure to the benefit of a trustee, debtor-in-possession, creditor trust or other representative of an estate or creditor of any Grantor, including where any such trustee, debtor-in-possession, creditor trust or other representative of an estate is the beneficiary of a Lien securing Collateral by virtue of the avoidance of such Lien in an Insolvency or Liquidation Proceeding.

assistant: Assigns
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: limitation on claims : regardless of any statute or law to the contrary , any claim or cause of action arising out of or related to your use of the fitbit products or fitbit service must be filed within one ( 1 ) year after such claim or cause of action arose , or else that claim or cause of action will be barred forever .

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: of supervised release is generally determined based on the grade of the release violation and the defendant’s underlying criminal history cate gory. See U.S.S.G. § 7B1.4(a). Where a defendant commits a Grade A release violation, as Mr. Ceasar did, he receives a higher guideline range if his underlying conviction was for a Class A felony. See id. “An offense that is not specifically classified by a letter grade in the section defining it, is classified [according to] the maximum term of imprisonment authorized.” 18 U.S.C. § 3559(a). The crime is considered a Class A felony where the maximum penalty is death or life imprisonment, and a Class B felony where the maximum term of imprisonment is 25 years or more. See § 3559(a)(1) & (2). Although Congress did not specify a m (5th Cir.1991) (<HOLDING>). Because the district court properly Options: A. holding constitutional the recidivismbased mandatory life sentence penalty created by 18 usc 3559 B. holding that crimes subject to a minimum sentence of 15 years under 18 usc 924e1 are properly characterized as class a felonies under 18 usc 3559 C. holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 D. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b E. holding that a defendant cannot collaterally attack his sentence under 18 usc 3582c2

assistant: The best answer is B. holding that crimes subject to a minimum sentence of 15 years under 18 usc 924e1 are properly characterized as class a felonies under 18 usc 3559
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: 1681m(d)(l), quoted above, especially subsections (B) and (C), assumes that an unsolicited “written solicitation made to the consumer regarding the transaction” include the firm offer of credit. This reading of the statute is confirmed by the legislative history of § 1681b(c)(l)(B)(i) which indicates Congressional intent that the opt-out provision be included in the first “prescreening or direct marketing solicitation.” The required opt-out language, in turn, presumes that a firm offer of credit has been made. See Sen. Rep. 103-209, at 25-26 (1993) (1993 WL 516162). For similar reasons, the Court finds Defendant’s standing argument, which is based upon the fact that Plaintiff did not call Defendant, to be without merit. See In re Trans Union Corp. Privacy Litigation, 211 F.R.D. at 336 (<HOLDING>). The Court cannot conclude at this stage of Options: A. holding that plaintiffs may plead on information and belief if matters are not within their personal knowledge B. holding that plaintiffs lacked standing to sue C. holding that plaintiffs who alleged that their own personal credit information was disclosed for an improper purpose established their standing to sue under the fcra D. holding that rico claims were personal and plaintiffs were therefore entitled to sue on their own because their injuries were distinct from the injuries to creditors in general resulting from the diversion of corporate assets E. holding that employers have standing to sue

assistant: The best answer is C. holding that plaintiffs who alleged that their own personal credit information was disclosed for an improper purpose established their standing to sue under the fcra
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: You acknowledge that a waiver by the Company of a breach of any provision of this Award Agreement shall not operate or be construed as a waiver of any other provision of this Award Agreement, or of any subsequent breach by you or another Participant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the Government was relieved of honoring this forbearance if applicable laws and regulations changed. See Hometown Fin., Inc. v. United States, 409 F.3d 1360 (Fed.Cir.2005). The Federal Circuit in Hometown recognized that a similar provision in a forbearance letter “clearly sets forth the understanding of the parties that regulatory change was possible because it refers to calculating the [regulatory capital] requirement in accordance with ‘any successor regulation.’ ” Id. at 1367-68. However, a proviso excepted the five-year period following consummation of the acquisition, during which the regulatory capital requirement was required to take into account the forbearances granted. Id. at 1368; cf. Admiral Fin. Corp. v. United States, 378 F.3d 1336, 1339-43 (Fed.Cir.2004) (<HOLDING>); Guar. Fin. Servs., Inc. v. Ryan, 928 F.2d Options: A. holding that contract uniformly placed risk of regulatory change on plaintiff B. holding that plaintiff stated a claim for breach of contract when it alleged the government failed to purchase insurance for plaintiff as agreed by contract C. holding that a breach of contract action by the department of health for the commonwealth of puerto rico did not qualify as an exercise of police or regulatory power even if related to the departments general regulatory power D. holding that the plaintiff could bring an action for negligent misrepresentation although the plaintiff could not sue on the contract because the contract was void E. holding that a contract must entitle the plaintiff to money damages in the event of the governments breach of that contract

assistant: The best answer is A. holding that contract uniformly placed risk of regulatory change on plaintiff
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 and duolingo acknowledge and agree that apple , and apple 's subsidiaries , are third party beneficiaries of these terms and conditions as they relate to your license of the apps , and that , upon your acceptance of these terms and conditions , apple will have the right ( and will be deemed to have accepted the right ) to enforce these terms and conditions against you as a third party beneficiary thereof .

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: Here, the non-compete provision is clearly unreasonable in terms of duration and geographic scope. Indeed, Plaintiffs have conceded that the ten-year prohibition is overly broad in terms of duration, and courts have consistently held non-compete provisions of this duration unreasonable and, therefore, unenforceable. See, e.g., Baker’s Aid, a Div. of M. Raubvogel Co., Inc. v. Hussmann Foodservice Co., 730 F.Supp. 1209, 1216 (E.D.N.Y.1990) (concluding that a covenant not to compete for a period of ten years was unenforceable because it was overbroad and not reasonably necessary to prevent the disclosure of the plaintiffs proprietary information or the misuse of the plaintiffs plans and specifications); see also Todd Chem. Co. v. Di Stefano, 30 A.D.2d 879, 292 N.Y.S.2d 811 (2d Dep’t 1968) (<HOLDING>). In addition, the non-compete provision does Options: A. holding that the restrictive covenants at issue are unenforceable as a matter of public policy B. holding employment agreement consisting entirely of a covenant not to compete unenforceable because the covenant must be supported by valuable consideration C. holding that a restrictive covenant with worldwide restrictions on competition is not reasonable D. holding that a restrictive covenant with a tenyear term was unenforceable E. holding the covenant incapable of redaction and thus unenforceable

assistant: The best answer is D. holding that a restrictive covenant with a tenyear term was unenforceable
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 AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AMENDMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND BE GOVERNED BY THE LAW (WITHOUT GIVING EFFECT TO THE CONFLICT OF LAW PRINCIPLES THEREOF) OF THE STATE OF GEORGIA.

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: Interest and fees hereunder shall be computed on the basis of a year of 365/366 days and for the actual number of days elapsed. If any payment to be made hereunder becomes due and payable on a day other than a Business Day, the due date thereof shall be extended to the next succeeding Business Day and interest thereon shall be payable at the applicable Contract Rate for Domestic Rate Loans during such extension.

assistant: Fees