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: depart China without difficulty, and, according to her final version of events, using her own passport. Weng argues that her ability to depart from Hong Kong with her own passport does not undermine her credibility. Again, however, her explanation would not be compelling to a reasonable factfinder. See id. Lastly, the agency reasonably noted that Weng’s failure to provide a document she claimed Chinese police had served on her parents further undermined her credibility. See 8 U.S.C. § 1158(b)(l)(B)(ii). Although Weng argues that it would have been difficult for her illiterate parents to deliver this document from China, the agency did not err finding that her failure to produce this document further undermined her credibility. See Biao Yang v. Gonzales, 496 F.3d 268, 273 (2d Cir.2007) (<HOLDING>); Majidi, 430 F.3d at 80-81. Ultimately, Options: A. holding that the agency may rely on a lack of corroborative evidence where an applicants testimony is not otherwise credible B. holding that a court may rely on otherwise inadmissible evidence including hearsay evidence at the preliminary injunction stage C. holding that the ij may not rely on a factually unsupported assertion in a state department report to deem an applicant not credible D. holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible E. holding that an ij need not first identify the particular pieces of missing relevant evidence and show that this evidence was reasonably available to the applicant when he or she is not otherwise credible

assistant: The best answer is A. holding that the agency may rely on a lack of corroborative evidence where an applicants testimony is not otherwise credible
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: services workers “would disserve the broader public interest,” as it would prevent the “vigorous and fearless” performance of their duties in child dependency proceedings. Id. (quoting Imbler v. Pachtman, 424 U.S. 409, 427-28, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976)); see also 63C Am. Jur.2d, Public Officers and Employees § 318 (2d ed.1997) (explaining that “mere qualified immunity is not enough protection to prevent the chilling effect of a potential suit on the exercise of a social worker’s professional judgment and discretion in operating as an arm of the Probate Court to protect abused children”). And it is for precisely those reasons that absolute immunity protects the unworthy as well as the worthy. Cf. Kalina v. Fletcher, 522 U.S. 118, 127, 118 S.Ct. 502, 139 L.Ed.2d 471 (1997) (<HOLDING>) (internal quotation marks omitted). Our Options: A. holding that a hearing officer acting in a judicial capacity was entitled to claim judicial immunity and could not be compelled to give testimony about his mental process in deciding a case B. holding that judges have immunity from suit for judicial acts C. recognizing that absolute judicial immunity is not grounded in any special esteem for those who perform judicial functions and certainly not from a desire to shield abuses of office but because any lesser degree of immunity could impair the judicial process itself D. holding order of contempt sentence without statutory opportunity for appeal was in error but nevertheless involved a judicial act subject to judicial immunity E. recognizing judicial immunity for acts committed within their judicial jurisdiction

assistant: The best answer is C. recognizing that absolute judicial immunity is not grounded in any special esteem for those who perform judicial functions and certainly not from a desire to shield abuses of office but because any lesser degree of immunity could impair the judicial process itself
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: quotation marks and emphasis omitted). The offending communication in that case happened to be sent to a debtor’s counsel, id. at 293, 115 S.Ct. 1489, but the question on review was the entirely different matter of whether a law firm engaged in collecting a debt is a debt collector for purposes of the Act. The identity of the recipient was mentioned in passing; neither the Court nor the parties addressed the issue now before us. We are not required to follow what amounts to, at most, an implicit assumption, because “[s]uch unstated assumptions on non-litigated issues are not precedential holdings binding future decisions.” Sakamoto v. Duty Free Shoppers, Ltd., 764 F.2d 1285, 1288 (9th Cir.1985); see also Brecht v. Abrahamson, 507 U.S. 619, 630-31, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (<HOLDING>); Webster v. Fall, 266 U.S. 507, 511, 45 S.Ct. Options: A. recognizing that the doctrine of stare decisis embodies the obligation to follow precedent B. holding that the doctrine of stare decisis is most frequently applied in cases affecting real property C. holding that the doctrine of stare decisis applies to the issue of reliability of new scientific techniques the intoxilyzer in that case D. holding that decision by panel of this court is established precedent under rules of stare decisis E. holding that stare decisis is not applicable unless the issue was squarely addressed in a prior decision

assistant: The best answer is E. holding that stare decisis is not applicable unless the issue was squarely addressed in a prior decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No representation or warranty by HCM contained in this Agreement, and no statement contained in the HCM Disclosure Schedule or any other document, certificate or other instrument delivered or to be delivered by or on behalf of HCM pursuant to this Agreement, contains or will contain any untrue statement of a material fact or omits or will omit to state any material fact necessary, in light of the circumstances under which it was or will be made, in order to make the statements herein or therein not misleading.

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: Tax. To the extent required by any applicable law, each Agent may withhold from any payment to any Lender an amount equivalent to any applicable withholding tax, and in no event shall such Agent be required to be responsible for or pay any additional amount with respect to any such withholding. If the Internal Revenue Service or any other Governmental Authority asserts a claim that any Agent did not properly withhold tax from amounts paid to or for the account of any Lender because the appropriate form was not delivered or was not properly executed or because such Lender failed to notify such Agent of a change in circumstances which rendered the exemption from or reduction of withholding tax ineffective or for any other reason, without limiting the provisions of Subsection 4.11(a) or 4.12 , such Lender shall indemnify such Agent fully for all amounts paid, directly or indirectly, by such Agent as tax or otherwise, including any penalties or interest and together with any expenses incurred and shall make payable in respect thereof within 30 days after demand therefor. A certificate as to the amount of such payment or liability delivered to any Lender or any Issuing Lender by the Administrative Agent shall be conclusive absent manifest error. Each Lender and each Issuing Lender hereby authorizes the Administrative Agent to set off and apply any and all amounts at any time owing to such Lender or such Issuing Lender under this Agreement or any other Loan Document against any amount due the Administrative Agent under this Subsection 10.11 . The agreements in this Subsection 10.11 shall survive the resignation and/or replacement of the Administrative Agent, any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations.

assistant: Withholdings
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 Consent may be executed in one or more counterparts and by separate parties on separate counterparts, each of which counterparts shall constitute an original and all of which counterparts together shall constitute one and the same instrument. Facsimile signatures and PDF format signatures sent by electronic mail shall be treated and have the same effect as original signatures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any limitation on recourse contained in this Agreement, Seller shall immediately pay to the Agent or relevant Purchaser, as applicable, when due, for the account of the Agent or the relevant Purchaser or Purchasers on a full recourse basis, (i) such fees as set forth in the Fee Letters (which fees collectively shall be sufficient to pay all fees owing to the Financial Institutions), (ii) all CP Costs, (iii) all amounts payable as Yield, (iv) all amounts payable as Deemed Collections (which shall be immediately due and payable by Seller and applied to reduce outstanding Aggregate Capital hereunder in accordance with Sections 2.2 and 2.3 hereof), (v) all amounts required pursuant to Section 2.6 , (vi) all amounts payable pursuant to Article X , if any, (vii) all Servicer costs and expenses, including the Servicing Fee, in connection with servicing, administering and collecting the Receivables, (viii) all Broken Funding Costs and (ix) all Default Fees (collectively, the “ Obligations ”). If any Person fails to pay any of the Obligations when due, such Person agrees to pay, on demand, the Default Fee in respect thereof until paid. Notwithstanding the foregoing, no provision of this Agreement or the Fee Letters shall require the payment or permit the collection of any amounts hereunder in excess of the maximum permitted by applicable law. If at any time Seller receives any Collections or is deemed to receive any Collections, Seller shall immediately pay such Collections or Deemed Collections to the Servicer for application in accordance with the terms and conditions hereof and, at all times prior to such payment, such Collections or Deemed Collections shall be held in trust by Seller for the exclusive benefit of the Purchasers and the Agent.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: myfitnesspal does not ( i ) guarantee the accuracy , completeness , or usefulness of any nutritional information in the food database ; or ( ii ) adopt , endorse or accept responsibility for the accuracy or reliability of any such nutritional information .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does not necessarily apply when either the issues or the facts presented in successive appeals are not substantially the same as those involved in the first trial. Pitman v. Lightfoot, 937 S.W.2d 496, 513 (Tex. App.—San Antonio 1996, writ denied). Moreover, it is an exception to the law of the case doctrine that the original decision was clearly erroneous. Briscoe, 102 S.W.3d at 716. Although an original proceeding is not an “appeal,” the law of the case doctrine applies when an issue has been resolved on the merits in a prior mandamus proceeding, even though it does not proceed to a court of last resort or the issues raised have not been resolved by a court of last resort. See In re Guardianship of Cantu de Villarreal, 330 S.W.3d 11, 20-21 (Tex. App.—Corpus Christi 2010, no pet.) (<HOLDING>); BSP Mktg., Inc. v. Standard Waste Sys., Ltd., Options: A. holding law of the case doctrine prevented reconsideration of issue decided in earlier mandamus petition B. holding that under the law of the case doctrine an issue of fact or law decided on appeal may not be reexamined by the appellate court on a subsequent appeal C. recognizing in the context of a petition for a writ of mandamus that although the district court retained jurisdiction over the case following the governments mandamus petition the district court justifiably could defer trial until resolution of the appellate proceedings had the government prevailed on the merits of the mandamus petition the trial strategies of the government as well as the defense would surely have been altered D. holding that law of the case prevented the new jersey district court from redetermining jurisdictional issue previously decided by the district of columbia district court and noting that the principles of comity among courts of the same level of the federal system provide further reason why an issue already decided by a court of equal authority should not be reexamined E. holding that law of the case acts as a bar only when the issue in question was actually considered and decided by the first court

assistant: The best answer is A. holding law of the case doctrine prevented reconsideration of issue decided in earlier mandamus petition
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: Use the proceeds of the Loans issued hereunder for any purpose inconsistent with Section 4.10 . The Borrower will not request any Loan, and the Borrower shall not, directly or indirectly, use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Loan (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (ii) (A) to fund or facilitate any activities or business of or with any Person or in any country or territory that, at the time of such funding or facilitation, is the subject of Sanctions; or (B) in any other manner that will result in a violation of Sanctions by any Person.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: MLS is the “person” that used the “enterprise” of USSF to engage in racketeering activities. See, 18 U.S.C. §§ 1961(3) and 1961(4). ChampionsWorld alleges that since about 1993, MLS has exerted control over USSF and sought to perpetuate the false premise that USSF has legal authority to govern U.S. professional soccer. MLS officials allegedly drafted the USSF policy of charging sanctioning fees and performance bonds of MLS’s competitors, such as ChampionsWorld. ChampionsWorld alleges that MLS committed extortion under the Hobbs Act, 18 U.S.C. § 1951, obtaining money from ChampionsWorld on at least two dozen occasions by the wrongful use of fear through economic threats and the color of official right. See, Evans v. United States, 504 U.S. 255, 261, 112 S.Ct. 1881, 119 L.Ed.2d 57 (1992) (<HOLDING>). ChampionsWorld also alleges mail and wire Options: A. holding that congress cannot confer the executives standing to enforce public rights on private individuals through citizensuit provisions B. recognizing that congress desired a broad definition of a claim C. holding that a bop definition of nonviolent offense was legislative because it did not merely explain statutory meaning but expanded the reach of a regulation to bar offenders from early release D. holding because legislature knew how to include terms within statutory definition and did not do so statutory definition did not include terms in light of the terms contemporaneous inclusion of the same terms in a separate provision E. holding that congress has expanded eommonlawr definition of extortion to include acts by private individuals

assistant: The best answer is E. holding that congress has expanded eommonlawr definition of extortion to include acts by private individuals
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 compensation for the performance of its obligations under the 2017-2 Servicing Agreement, on each Payment Date the Servicer shall be entitled to receive a fee for its performance during the immediately preceding Collection Period or, with respect to the first Payment Date, the period from and excluding the Cutoff Date to and including June 30, 2017 (the “ Designated Pool Servicing Fee ”) in accordance with Article V of the 2017-2 Exchange Note Supplement in an amount equal the sum of (x) to the product of (i) one-twelfth (1/12 th ) (or, with respect to the first Payment Date, a fraction equal to the number of days from and excluding the Cutoff Date through and including June 30, 2017, over 360), times (ii) the Servicing Fee Rate, times (iii) the Aggregate Securitization Value as of the opening of business on the first day of such Collection Period, plus (y) any Administrative Charges collected on the 2017-2 Lease Agreements and 2017-2 Leased Vehicles and any other expenses reimbursable to the Servicer.

assistant: Expenses
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: Welfare, to the Honorable William D. Ford, Chairman, Subcommittee on Postsecondary Education, Committee on Education, House of Representatives (Feb. 11, 1980), reprinted at J.A. 388-89 (explaining HEW’s reasoning for not presenting the interpretation to Congress). We find EIA’s argument with respect to GEPA to be without merit. 12 . The Eleventh Amendment, though without express language to this effect, has been interpreted to bar suits brought by a citizen against his own state. See Bragg v. W. Va. Coal Ass'n, 248 F.3d 275, 291 (4th Cir.2001)(citing Litman v. George Mason Univ., 186 F.3d 544, 549 (4th Cir.1999); Hans v. Louisiana, 134 U.S. 1, 10-15, 10 S.Ct. 504, 33 L.Ed. 842 (1890)). 13 . See, e.g., Seminole Tribe v. Florida, 517 U.S. 44, 59, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996) (<HOLDING>); Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, Options: A. holding that congress had no power under article i to abrogate state sovereign immunity B. holding that congress could abrogate the eleventh amendment pursuant to the commerce clause C. holding that congress exceeded its authority under 5 of the fourteenth amendment in attempting to abrogate the states eleventh amendment immunity in adea suits D. holding that congress may abrogate a states immunity pursuant to its enforcement power under 5 of the fourteenth amendment E. holding that congress did not properly abrogate states eleventh amendment immunity from suits under the patent act

assistant: The best answer is D. holding that congress may abrogate a states immunity pursuant to its enforcement power under 5 of the fourteenth 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: The Lenders hereby waive any non-compliance with the covenant set forth in Section 8.4(a) of the Credit Agreement solely with respect to the Revenue Base for the Fiscal Quarter ended September 30, 2017.

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: 19, are preemptive. See supra ¶¶ 19-21. T39 Contrary to the majority's view, these definitions are not preemptive because the doctrine of equitable adoption is not premised on our ability to judicially define the statutory term "child" or "parent." The version of the probate code in effect when Williams' Estates was decided provided for intestate succession by a decedent's "child" or "issue." Utax CopE § 74-4-5(1)-(2) (1958). We did not reach our holding in Williams' Estates by judicially defining these statutory terms, as the majority suggests. See supra ¶ 20. Instead, w 638, 645 (N.M.Ct.App.1985) (applying the equitable rule "authoriz[ing] an award of attorney fees for services rendered which confer a benefit upon the estate"); In re Estate of O'Keefe, 583 N.W.2d 138, 140 (S.D.1998) (<HOLDING>); see also In re Estate of Wagley, 760 P.2d Options: A. holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms B. holding that creditors of a trust beneficiary were prohibited from intervening in an action involving a dispute between the trustee and a beneficiary concerning distribution of the trust corpus C. holding that the cireuit court had the equitable authority to partially disqualify a beneficiary from inheriting from an estate because of his fraudulent acts D. holding single coexecutors release of mortgage debt paid to estate was valid and binding on estate because acts of any coexecutor in respect to the administration of the effects of the estate are deemed to be the acts of all as where one releases a debt or settles an account of a person with the deceased or surrenders a term or sells the goods and chattels of the estate his act binds the others characterizing conversion of decedents personal property into cash as act in due course of administration of estate E. holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit

assistant: The best answer is C. holding that the cireuit court had the equitable authority to partially disqualify a beneficiary from inheriting from an estate because of his fraudulent acts
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: Additionally, Coats explained that Civil Rule 90.3 did not abrogate the prior case law. Id. at 776. Finally, Coats again cited to the Sheffield Commission Report to explain the rationale for requiring a heightened burden to prove the need for a variance from the formula: “The formula approach is intended to provide information to the parties and attorneys so that child support may be predictable, reasonable, simple to calculate, without prejudice, and reflect the duty of both parents to support their children commensurate with their abilities.” Id. at 777 n. 7. The record indicates that Jerald failed to introduce any evidence showing that the there was no relationship between income and consumption. We therefore conclude that Coats is dispositive of Jerald’s claim that Civil Rule 9) (<HOLDING>). Jerald also argues that the vagueness of the Options: A. holding that a conviction even when later reversed creates a rebuttable presumption of probable cause B. holding that the absence of plausible grounds for relief rebuts the presumption of prejudice C. recognizing presumption D. holding that guidelines create a rebuttable presumption E. holding that child support formula creates a rebuttable presumption and an inequitable result rebuts the presumption

assistant: The best answer is E. holding that child support formula creates a rebuttable presumption and an inequitable result rebuts the presumption
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: supervisors frequently made sexually inappropriate remarks, commented about her breasts, referred to male employees as plaintiffs lovers, stood over her and peered down her shirt, forbade her from dating other employees, repeatedly indicated desire to date her, and once came toward her in menacing fashion as if to touch her sexually), Garcia v. Schwab, 967 S.W.2d 883, 885, 887 (Tex.App.-Corpus Christi 1998, no pet.) (affirming summary judgment for employer despite evidence that supervisor stared and commented on plaintiffs breasts, touched his genitals in her presence, discussed sexual matters with her, remarked on her and other women’s appearances, insulted and yelled at her, and made repeated sexual references with alleged intent to arouse her), with Gonzales, 72 S.W.3d at 407-08 (<HOLDING>). We overrule Gardner’s fourth appellate issue. Options: A. recognizing that a constructive discharge claim and a hostile work environment claim are not equivalent because a constructive discharge claim imposes a higher standard B. holding that allegations that plaintiffs supervisor brushed up against her on some occasions were not actionable C. holding insufficient to sustain hostile work environment claim the fact that plaintiff was called black boy on a few occasions by coworker and that a coworker made the comment that africans had big penises D. holding evidence sufficient to sustain jurys verdict of hostile work environment and constructive discharge where supervisor hugged plaintiff in a manner that pressed supervisors penis against him on several occasions poked employee in buttocks with shoe box and stroked rubbed and patted employee in sensual way on several occasions E. holding that a hostile work environment was sufficient to constitute constructive discharge because the harassment was expressed by the plaintiffs supervisor and the offending language was not only used in the plaintiffs presence but was directed at him

assistant: The best answer is D. holding evidence sufficient to sustain jurys verdict of hostile work environment and constructive discharge where supervisor hugged plaintiff in a manner that pressed supervisors penis against him on several occasions poked employee in buttocks with shoe box and stroked rubbed and patted employee in sensual way on several occasions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall be entitled to participate in all customary and usual benefits available to senior executive officers under the Company’s benefit plans and arrangements, including, without limitation, health, dental, vision and life insurance, premiums for which shall be paid by the Company and Executive, and any other employee benefit plan or arrangement made available in the future by the Company to its senior executives, subject to and on a basis consistent with the terms, conditions and overall administration of such plans and arrangements. The Company shall have the right to amend or delete any such benefit plan or arrangement made available by the Company to its senior executives and not otherwise specifically provided for herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan will become effective on the date it is approved by the Board and will remain in effect until the tenth anniversary of such date, unless earlier terminated by the Board, but Awards previously granted may extend beyond that date in accordance with the Plan. No Awards may be granted under the Plan during any suspension period or after Plan termination.

assistant: Effective Dates
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: not to U.S.S.G. § 3E1.1. In sum, the district court did not clearly err in finding that Arnold failed to satisfy the safety valve’s disclosure requirement and, therefore, correctly concluded that § 3553(f) did not afford Arnold relief from the statutorily mandated minimum sentence for the conspiracy crime of conviction. 4. Parsimony Challenge to Sentence Arnold submits that his 121-month prison sentence, which represents the low end of his Sentencing Guidelines range, and is one month longer than the statutorily mandated minimum sentence, is substantively unreasonable in that it violates the parsimony clause of 18 U.S.C. § 3553(a) and unspecified provisions of the Constitution. This argument is defeated by precedent. See United States v. Carter, 696 F.3d 229, 232-33 (2d Cir.2012) (<HOLDING>); see also United States v. Huerta, 878 F.2d Options: A. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory B. holding that application of statutory mandatory minimum in 841b1a does not violate defendants fifth and fourteenth amendment rights C. holding the mandatory minimum sentence to be constitutionally applicable to respondent D. holding where the statutory minimum sentence exceeds the guidelines sentence a substantialassistance downward departure begins at the mandatory minimum sentence E. holding that tenyear mandatory minimum sentence for crack conspiracy does not violate 3553a parsimony clause

assistant: The best answer is E. holding that tenyear mandatory minimum sentence for crack conspiracy does not violate 3553a parsimony clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Attached hereto as Schedule 7(a) as prepared for filing with the United States Patent and Trademark Office is a schedule setting forth all of each Loan Party’s: (i) Patents and Patent Applications, including the name of the registered owner, type, registration or application number and the expiration date (if already registered) of each Patent and Patent Application owned by any Loan Party; and (ii) Trademarks and Trademark Applications, including the name of the registered owner, the registration or application number and the expiration date (if already registered) of each Trademark and Trademark Application owned by any Loan Party.

assistant: Intellectual Property
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: most favorable to Cottrill and Combs, we will assume that Adkins was responsible for the sticky substance on the toilet seat and paper holder. MFA contends that the appellants failed to exhaust their administrative remedies because their EEOC complaints were based solely on the peeping and failed to mention the contamination and investigation allegations. We reject this argument because all three actions are sufficiently related to be part of the same claim for hostile work environment. The Supreme Court stated that a “hostile work environment claim is composed of a series of separate acts that collectively constitute one ‘unlawful employment practice.’ ” Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 117, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002) (quoting 42 U.S.C. § 2000e-5(e)(1)) (<HOLDING>). The Court explained that “[hjostile Options: A. holding that conviction or acquittal of offense occurring within designated time period will bar subsequent prosecutions on same charge for acts occurring within designated time period B. holding that consideration of the entire scope of a hostile work environment claim including behavior alleged outside the statutory time period is permissible for the purposes of assessing liability so long as any act contributing to that hostile environment takes place within the statutory time period C. holding that the court may only consider the discrete acts that occurred within the appropriate time period D. holding that an individual could recover for acts occurring outside the statutory time period if at least one act occurred within the time period and the acts were part of the same hostile work environment E. holding that under title vii of the civil rights act of 1964 a charge alleging a hostile work environment will not be time barred if all acts constituting the claim are part of the same unlawful practice and at least one act falls within the filing period

assistant: The best answer is D. holding that an individual could recover for acts occurring outside the statutory time period if at least one act occurred within the time period and the acts were part of the same hostile work environment
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: at 215-16, 80 S.Ct. 270. Accordingly, the district court exceeded its jurisdiction in sentencing the appellants for a crime with which they were never charged, thus depriving them of the constitutional right to “answer” only for those crimes presented to the grand jury. B. Having identified the nature of the error committed by the district court, we must resolve the question that plagued an evenly divided court in Promise — that is, whether we should exercise our discretion to correct the error where an indictment fails to charge drug quantity and the district court sentences a defendant to a term of imprisonment that exceeds the statutory maximum set forth in section 841(b)(1)(C). Compare Promise, 255 F.3d at 164 (Wilkins, J., joined by Wilkinson, C.J., and Williams and Trader, JJ.) (<HOLDING>), with id. at 190 (Motz, J., joined by Widener, Options: A. holding that before the accessory to a crime can be convicted as such it must be shown that the crime has been committed by the principal B. holding that an alleged failure of the district court to reduce a sentence did not work a miscarriage of justice sufficient to make an appellate waiver unenforceable C. holding that evidence the defendant knew the victim supported a finding that the murder was committed to avoid arrest D. holding that it would be a miscarriage of justice to allow the defendant to avoid a sentence for the aggravated drug trafficking crime that evidence overwhelmingly demonstrates he committed E. holding that evidence the victim tried to keep defendant from fleeing the scene of a crime and defendant killed victim in order to escape supported the finding that murder was committed to avoid arrest

assistant: The best answer is D. holding that it would be a miscarriage of justice to allow the defendant to avoid a sentence for the aggravated drug trafficking crime that evidence overwhelmingly demonstrates he committed
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: Whenever notice is required to be given under this Warrant, unless otherwise provided herein, such notice shall be given in accordance with Section 6 of the Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Warrant, including in reasonable detail a description of such action and the reason therefor. Without limiting the generality of the foregoing, the Company will give written notice to the Holder (i) immediately upon any adjustment of the Exercise Price, setting forth in reasonable detail, and certifying, the calculation of such adjustment and (ii) at least fifteen days prior to the date on which the Company closes its books or takes a record (A) with respect to any dividend or distribution upon the shares of Common Stock, or (B) with respect to any grants, issuances or sales of any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property to holders of shares of Common Stock.

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 legal provision and list the applicable contract clause categories. Provision: Any distribution or delivery to be made to you under this Agreement will, if you are then deceased, be made to the administrator or executor of your estate. The administrator or executor must furnish RLHC with (a) written notice of his or her status as transferee, and (b) evidence satisfactory to RLHC to establish the validity of the transfer and compliance with any applicable laws or regulations.

assistant: Death
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: 484 (“It was entirely appropriate to provide for automatic acceleration in the Original Indenture .... ”); Calpine Corp., 2010 WL 3835200, at *3, 2010 U.S. Dist. Lexis 96792, at *10 (“According to the terms of the notes, a voluntary bankruptcy filing constitutes an event of default that accelerates and matures the notes.... ”); Premier Entm’t, 445 B.R. at 628, 631 (citing, inter alia, Fifty States Mgt. Corp. v. Pioneer Auto. Parks, Inc., 46 N.Y.2d 573, 577, 415 N.Y.S.2d 800, 389 N.E.2d 113 (1979) (“[A]greements providing for the acceleration of the entire debt upon the default of the obligor ... [i]n the vast majority of instances ... have been enforced at law in accordance with their terms.”)); see also Key Int’l Mfg. Inc. v. Stillman, 103 A.D.2d 475, 480 N.Y.S.2d 528, 530-31 (1984) (<HOLDING>). Furthermore, for reasons explained in Premier Options: A. holding that penalty clauses are enforceable unless they are found to be grossly unreasonable B. holding that arbitration clauses as contractual agreements must be enforced to their terms C. recognizing that due on sale clauses are enforceable in texas D. holding that acceleration clauses are quite common and are generally enforceable according to their terms E. holding that forumselection clauses are generally enforceable and a party attempting to show that such a clause should not be enforced bears a heavy burden

assistant: The best answer is D. holding that acceleration clauses are quite common and are generally enforceable according to their 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 legal provision and list the applicable contract clause categories. Provision: The Company hereby employs the Executive as an employee, and the Executive agrees to be employed by the Company, upon the terms and conditions set forth herein. While serving as an employee of the Company, the Executive shall serve as President and Chief Executive Officer of the Company. The Executive shall report to the Board and shall have such power and authority and perform such duties, functions and responsibilities as are associated with and incident to such positions, and as the Board may from time to time require of him; provided, however, that such authority, duties, functions and responsibilities are commensurate with the power, authority, duties, functions and responsibilities generally performed by the President and Chief Executive Officer of public companies which are similar in size and nature to, and the financial position of, the Company, including, but not limited to, management responsibility for the operations and administration of the Company. The Executive also agrees to serve, if elected, as an officer of any other direct or indirect subsidiary of the Company or InspireMD Ltd., the wholly-owned subsidiary of the Company (“ Subsidiary ”), in each such case at no compensation in addition to that provided for in this Agreement, but the Executive serves in such positions solely as an accommodation to the Company and such positions shall grant him no rights hereunder. The Company will use reasonable efforts to cause the Executive to serve as a member of the Board, without any additional compensation, as long as the Executive continues to serve as its President and Chief Executive Officer.

assistant: Duties
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 will use One Hundred and Five Million Dollars ($105,000,000) of the proceeds from the sale of the Initial Closing Shares for the purchase the priority review voucher issued by the United States Secretary of Health and Human Services and assigned tracking number PRV NDA 210365 (the “ Priority Review Voucher ”), that entitles the holder of such voucher to Priority Review, with the remainder of such proceeds to be used for other general corporate purposes. The Company will submit the Priority Review Voucher with the first NDA that it files with respect to rimegepant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Nothing contained in this Section shall require any Credit Party or any other indemnified party to make available any of its Tax returns (or any other information that it deems to be confidential or proprietary) to the indemnifying party or any other Person.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Plaintiff or Defendants object. C. Estoppel In their Opposition, Defendants Tokuda and Shen argue that Plaintiff cannot pursue its claims because of the doctrine of estoppel. As Tokuda and Shen explain, the doctrine of estoppel has four elements: “(1) The party to be estopped must be apprised of the facts; (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estoppel had a right to believe it was so intended; (3) the other party must be ignorant of the true state of facts; and (4) he must rely upon the conduct to his injury.” Skulnick v. Roberts Express, Inc., 2 Cal.App.4th 884, 890, 3 Cal.Rptr.2d 597 (1992). The reliance must be reasonable. Martinez v. Scott Specialty Gases, Inc., 83 Cal.App.4th 1236, 1238, 100 Cal.Rptr.2d 403 (2000) (<HOLDING>). Tokuda and Shen argue that Plaintiff is Options: A. holding that a credibility determination based on among other things a tendency to exaggerate was supported by substantial evidence B. holding that pleading was insufficient where the plaintiff failed to among other things set forth the dates of any fraudulent statements C. holding it error to admit testimony where among other things there was no evidence that defendants appearance had changed since the time of the robbery D. holding individual defendant liable where he among other things made inquiries into the business obligations under the flsa E. holding that ejstoppel requires among other things reasonable reliance on the other partys actions and rejecting estoppel where plaintiffs could not reasonably have been misled

assistant: The best answer is E. holding that ejstoppel requires among other things reasonable reliance on the other partys actions and rejecting estoppel where plaintiffs could not reasonably have been misled
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 708 F.Supp. 587, 589 (S.D.N.Y.1989) (author must survive until registration in the renewal year), with Marascalco v. Fantasy, Inc., 953 F.2d 469, 476 (9th Cir.1991) (author must survive until start of the renewal term), but the 1976 Act did not contain the "at the time the application is made” language. 7 . The scenario of a party's gaining an indefeasible right to something prior to actually being eligible to receive it is hardly unusual, and is often presented, for example, in pension law. In ERISA plans, "an employee’s right to his normal retirement benefit is nonforfeitable upon the attainment of normal retirement age,” even though the benefits are not paid until he actually retires. 29 U.S.C. § 1053(a); see also Calabro v. City of Omaha, 247 Neb. 955, 531 N.W.2d 541, 550 (1995) (<HOLDING>). 8 . Because we decide that Sony is the owner Options: A. holding that erisa preempted a state court order awarding spousal interest in an employees pension proceeds B. holding that the family courts award to exwife of interest in 387 of debtors military pension payable directly from the plan was not subject to discharge because interest in pension plan was not a debt rather it was considered exwifes separate ownership interest C. holding that an employees protected interest in a pension vested before he or she became eligible to collect the pension D. holding that the defendant withheld pension benefits in breach of the plan E. holding that under oklahoma law public employee convicted of accepting bribe while in office had no property right in pension benefits because pension was always contingent on maintaining honorable service while in office employees acceptance of bribe constituted breach of duty of honorable service and as result employee had no vested right in pension

assistant: The best answer is C. holding that an employees protected interest in a pension vested before he or she became eligible to collect the pension
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: Notwithstanding anything in this Agreement to the contrary, Buyer and each of its Affiliates shall be entitled to deduct and withhold, or cause to be deducted and withheld, from any amounts payable pursuant to this Agreement such amounts as Buyer or any of its Affiliates reasonably determines is required to be deducted and withheld with respect to the making of any such payment under any applicable provision of state, local or foreign Tax Law. To the extent that amounts are so deducted and withheld, such deducted and withheld amounts are to be treated for all purposes of this Agreement as having been paid to the Person in respect of which such deduction and withholding was made. To the extent Buyer or any of its Affiliates deducts and withholds or causes to be deducted and withheld any such amounts payable pursuant to this Agreement, Buyer and any such Affiliate, as the case may be, shall remit (or cause to be remitted) to the appropriate Taxing Authority all such amounts deducted and withheld or caused to be deducted and withheld.

assistant: Withholdings