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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (including all Schedules, Exhibits and Appendices hereto), the TSA Side Letter and the Separation Agreements contain the entire agreement among the Parties hereto with respect to the subject matter hereof and thereof, and supersede all prior agreements and understandings, oral or written, with respect to such matters. The provisions of this Agreement shall be construed according to their fair meaning and neither for nor against any party hereto irrespective of which Party caused such provisions to be drafted. Each of the Parties hereto acknowledges that it has been represented by an attorney in connection with the preparation and execution of this Agreement and the Amendment to Tax Sharing Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CFEPA and Title VII. Therefore, the court shall assume that Pecoraro’s CHRO case qualifies as "an investigation, proceeding, or hearing” under Title VII. 5 . Additionally, courts outside this Circuit, faced with factual circumstances similar to the facts at bar, have also read the participation clause in a broad and expansive manner to honor Title VII's remedial goals. See, e.g., Glover v. S.C. Law Enforcement Div., 170 F.3d 411, 413-14 (4th Cir.1999) (finding that the use of participation clause claim is not determined based on an employee’s testimony regardless of how unreasonable that testimony may be, and to hold otherwise "would do violence to the text of that provision and would undermine the objectives of Title VII.”); Merritt v. Dillard Paper Co., 120 F.3d 1181 (11th Cir.1997) (<HOLDING>); Smith v. Columbus Metro. Hous. Auth., 443 Options: A. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii B. holding that the antiretaliation provision of title vii reaches to employees who involuntarily participate in such proceedings and employees who do not seek to assist title vii claimant C. holding individual employees may be liable under title vii D. holding that individual employees are not liable under title vii E. holding that relief granted under title vii is against the employer not individual employees whose actions constituted a violation of title vii emphasis in original

assistant: The best answer is B. holding that the antiretaliation provision of title vii reaches to employees who involuntarily participate in such proceedings and employees who do not seek to assist title vii claimant
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: Except as set forth on Schedule 3.6 as of the Closing Date, and except as hereafter disclosed to Agent in writing, there is no Litigation pending against, or to such Borrower’s knowledge threatened against or affecting, any Credit Party or, to such Borrower’s knowledge, any party to any Operative Document other than a Credit Party. There is no Litigation pending in which an adverse decision could reasonably be expected to result in a Material Adverse Effect or which in any manner draws into question the validity of any of the Operative Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Executive will be entitled to paid vacation in accordance with the Company’s standard vacation accrual policies for its senior executive officers as in effect from time to time; provided that the Executive will during each calendar year be entitled to at least four weeks of such vacation.

assistant: Vacations
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, THE SUPPLEMENTS, THE NOTES, AND THE OTHER LOAN DOCUMENTS REFERRED TO HEREIN EMBODY THE FINAL, ENTIRE AGREEMENT AMONG THE PARTIES HERETO AND SUPERSEDE ANY AND ALL PRIOR COMMITMENTS, AGREEMENTS, REPRESENTATIONS, AND UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF AND MAY NOT BE CONTRADICTED OR VARIED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR DISCUSSIONS OF THE PARTIES HERETO. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES THERETO.

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: For purposes of this Section 2.15 , any payments by the Administrative Agent to a Lender of any amounts received by the Administrative Agent from the Borrowers on behalf of such Lender shall be treated as a payment from the Borrowers to such Lender.

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: these terms of use are the complete and exclusive statement of the agreement between you and blizzard entertainment concerning the service , and this agreement supersedes any prior or contemporaneous agreement , either oral or written , and any other communications with regard thereto between you and blizzard entertainment ; provided , however that this agreement is in addition to , and does not replace or supplant , the eula , or the bnet tou .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Landlord and Tenant hereby represents and warrants to the other that all necessary action has been taken to enter this First Amendment and that the person signing this First Amendment on its behalf has been duly authorized to do so.

assistant: Authorizations
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: law violations that may be asserted under the ATS must be sufficiently definite in their content and acceptance among civilized nations that they reflect “historical paradigms” that were familiar at the time that the ATS was enacted. Id. at 732, 124 S.Ct. 2739. Paradigmatic violations of the law of nations that were “probably on [the] minds” of the drafters of the ATS include “violation of safe conducts, infringement of the rights of ambassadors, and piracy.” Id. at 715, 124 S.Ct. 2739; see also id. at 720, 124 S.Ct. 2739. The Supreme Court also has suggested that the prohibition against torture exemplifies a norm that is “specific, universal, and obligatory.” Kiobel, 133 S.Ct. at 1665 (citation omitted); see also Filartiga v. Pena-Irala, 630 F.2d 876, 884-87 (2d Cir.1980) (<HOLDING>). Indeed, in the present case, the district Options: A. holding that official torture is now prohibited by the law of nations and that federal courts may exercise jurisdiction under the ats concerning such international violations B. holding that forced labor violates the law of nations C. holding that because the prohibition on official torture is clear and unambiguous it can serve as a basis for suit under the ats D. recognizing that claims for extrajudicial killings are actionable international law violations under the ats E. holding that article 3 of the united nations convention on the rights of the child has attained the status of customary international law and is therefore incorporated in federal law

assistant: The best answer is A. holding that official torture is now prohibited by the law of nations and that federal courts may exercise jurisdiction under the ats concerning such international violations
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: institution claiming the exemption owns the property in question and is incorporated or organized under the laws of this State and is authorized to carry out the purposes on account of which the exemption is claimed____ Our Supreme Court has summarized the elements of an exemption under this statute using three criteria: (1) the corporation must be organized exclusively for the exempt purpose; (2) the property must be actually and exclusively used for the exempt purpose; and (3) the corporation must not operate or use its property for profit. Paper Mill Playhouse v. Millburn Tp., 95 N.J. 503, 506, 472 A.2d 517 (1984). The City does not challenge the Archdiocese’s qualifications as a Ohio, 911 F.2d 1203 (6th Cir.1990), cert. denied, 498 U.S. 1047, 111 S.Ct. 754, 112 L.Ed.2d 774 (1991) (<HOLDING>); Indian Hills Community Church v. County Bd. Options: A. holding that requiring church to make contributions to workers compensation fund opposed by such church did not violate first amendment B. holding that tax exemption for church property does not violate establishment clause C. holding that irs examination of corporate minute books of a church to determine whether it qualified for tax exemption was not unconstitutional interference with religious affairs of the church under the first amendment D. holding that denial of tax exemption for part of church property that was not necessary for occupancy and enjoyment of church did not violate first amendment E. holding that denial of tax exemption for vacant lot held by church for no current purpose or any future exempt purpose did not violate first amendment

assistant: The best answer is A. holding that requiring church to make contributions to workers compensation fund opposed by such church did not violate first amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: endangerment charges should be dismissed, but actively waived them. Forfeiture is distinct from waiver because “[w]hen a legal rule has been waived, an appeal based upon the nonadherence to that legal principle is precluded,” but “[i]f, however, the correct application of the rule merely was ‘forfeited,’ then an appellate court may nevertheless review for plain error.” Murrell v. People, 54 V.I. 338, 361 (V.I. 2010) (quoting Gov’t of the V.I. v. Rosa, 399 F.3d 283, 290 (3d Cir. 2005)). To determine whether a claim has been forfeited or waived, this Court primarily looks to whether the party “was aware of the relinquished or abandoned right.” Id. at 362 (quoting Rosa, 399 F.3d at 291). Thus, simply failing to object or raise an issue will typically result in a forfe th Cir. 1978) (<HOLDING>); Nero v. District of Columbia, 936 A.2d 310, Options: A. holding that defendant did not have standing to raise facial challenge to validity of aggravated assault statutes for their risk of creating double jeopardy grounds because he himself was not charged in way that created double jeopardy B. holding that a defendant and his attorney are a single entity with respect to double jeopardy waiver C. holding trial court properly denied defendant relief under rule 3800b2 where defendant attempted to attack his conviction rather than his sentence with a double jeopardy argument D. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause E. holding that the prosecution cannot divide a single crime into multiple units to avoid double jeopardy

assistant: The best answer is B. holding that a defendant and his attorney are a single entity with respect to double jeopardy waiver
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: duty of loyalty. Only the second subparagraph of that Rule specifically deals with confidentiality. The Second Circuit made clear in In re “Agent Orange” Prod. Liability Litig., 800 F.2d 14 (2d Cir.1986), that “an attorney owes a duty of loyalty to his client” and that “[tjhese obligations do not necessarily end when the attorney-client relationship ends.” Id. at 17. See also Arifi v. de Transport du Cocher, Inc., 290 F.Supp.2d 344, 348 (E.D.N.Y.2003) (“The duty of loyalty that runs from an attorney to a client does not necessarily end when the formal attorney-client relationship ends because the attorney owes a ‘duty of continuing loyalty’ to his former client.” (internal citations omitted)); Schwed v. General Electric Co., 990 F.Sup t’l Inc.), 222 B.R. 401, 408 (Bankr.D.Conn.1998) (<HOLDING>); Kassis v. Teacher’s Ins. and Annuity Assoc., Options: A. recognizing that an attorney has a duty of loyalty to his client B. holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved C. holding that the substantial relationship test also concerns the duty of loyalty to a former client D. holding that the substantial relationship test embodies a broader concept than the rule of confidentiality that of continuing fidelity to a former client a duty of loyalty E. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client

assistant: The best answer is D. holding that the substantial relationship test embodies a broader concept than the rule of confidentiality that of continuing fidelity to a former client a duty of loyalty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to eliminate the waste of judicial resources caused by duplica-tive individual actions. Third, the individual actions will not adjudicate the controversy that underlies this class action litigation; rather, each would only resolve the individual claims of a minute portion of the class. d.To Concentrate this Litigation in New Jersey Is Desirable 101. Rule 23(b)(3) indicates that the third factor to be considered in assessing whether the class action device is superior to other means of adjudication is “the desirability or undesirability of concentrating the litigation of the claims in the particular forum.” The factor emphasizes the desirability of the forum selected, not the desirability of claims concentration generally. See 1 Newberg § 4.31, at 4-123; Bentkowski, 70 F.R.D. at 405 (<HOLDING>). 102. In this case, plaintiffs’ claims are Options: A. holding that when majority of class lived in new jersey maryland pennsylvania and virginia the eastern district of pennsylvania was a desirable forum B. holding that pennsylvania law applied as the parties did not argue choice of law issue and implied that pennsylvania law applied by focusing their arguments on same C. 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 D. holding pennsylvania replevin statute unconstitutional E. holding that we are required to predict the position which the pennsylvania supreme court would take in resolving this dispute and in the absence of a clear statement by the pennsylvania supreme court to the contrary or other persuasive evidence of a change in pennsylvania law we are bound by the holdings of previous panels of this court

assistant: The best answer is A. holding that when majority of class lived in new jersey maryland pennsylvania and virginia the eastern district of pennsylvania was a desirable forum
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 class members with only Purchase Claims are represented by class representatives with Purchase Claims, and the settlement provides up to $250,000 for these claims. Moreover, class members with only Purchase Claims do not receive less value for identical claims asserted by other class members. Objectors contend inadequate representation is demonstrated in the settlement’s allocation terms, which designate the vast majority of the fund to Injury Claims, while Purchase Claims are capped at $250,OOO. But varied relief among class members with differing claims in class settlements is not unusual. See Petrovic v. Amoco Oil Co., 200 F.3d 1140, 1146 (8th Cir.1999) (“[Ajlmost every settlement will involve different awards for various class members.”); see also Prudential, 148 F.3d at 289-90 (<HOLDING>). Such differences in settlement value do not, Options: A. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members B. holding the court was not required to decide the issue of whether the district court properly certified a rule 23b2 class because the court already concluded that the district court appropriately certified the class under rule 23b3 citing authority for the proposition that a court need only find that a class action may be maintained under any of the three subdivisions C. holding that once district court entered order approving the settlement of class claims it could not alter the class in the absence of egregious error D. holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed E. holding the district court properly certified a national settlement class in a circumstance in which the class was comprised of policyholders who allegedly were the victims of several different types of fraudulent and misleading sales practices and the settlement created an alternative dispute resolution mechanism to determine the kind and amount of relief to be granted

assistant: The best answer is E. holding the district court properly certified a national settlement class in a circumstance in which the class was comprised of policyholders who allegedly were the victims of several different types of fraudulent and misleading sales practices and the settlement created an alternative dispute resolution mechanism to determine the kind and amount of relief to be granted
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 other documents delivered in connection herewith, including the Registration Rights Agreement and the Schedule of Exceptions, constitute the full and entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral or written, with respect to such matters (except for any confidentiality obligations of an Investor or its Affiliates pursuant to any confidentiality agreement with the Company).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: circumstance, thus requiring the agency to bring to bear its unique expertise and policy-making prerogatives.” Southern Cal. Edison Co., 226 F.3d at 1357. Commerce’s practice of reliance on BIA in calculating the applicable rate is uncontested in cases where Commerce does not receive a complete, accurate and timely response to its request for factual information. See 19 U.S.C. § 1677e(b), 19 C.F.R. § 355.37(a); Def.’s Mem. at 52-55; Pl.’s Br. at 28. There is nothing in the language of the statute or the regulation inherently limiting the use of BIA to cases concerning merchandise produced in an NME country or purchased from an NME exporter. See generally, 19 U.S.C. § 1677e, 19 C.F.R. § 355.37; see, e.g., Neuweg Fertigung GmbH v. United States, 16 CIT 724, 797 F.Supp. 1020 (1992) (<HOLDING>). Conversely, Commerce enjoys very broad, Options: A. holding that commerce may disregard transfer price for inputs purchased from related suppliers pursuant to 19 usc 1677be2 1988 the predecessor to 19 usc 1677bf2 if the transfer price or any element of value does not reflect its normal value B. holding that the fact that defendants sales in forum were less than 5 percent of its total sales volume was irrelevant so long as its sales were part of a regular course of dealing and were not isolated or exceptional events C. holding that exercising general jurisdiction over defendant was improper where its actual sales in florida were a small percentage of the total sales and therefore these sales were de minimis D. holding that commerce was justified in resorting to the use of bia in calculating the margin for exporters sales of bearings from germany under 19 usc 1677eb where exporters questionnaire responses were inadequate and untimely E. holding that 28 usc 2636c did not modify the filing requirement in 19 usc 1516aa2a

assistant: The best answer is D. holding that commerce was justified in resorting to the use of bia in calculating the margin for exporters sales of bearings from germany under 19 usc 1677eb where exporters questionnaire responses were inadequate and untimely
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 course of dealing or any delay or failure to exercise any right hereunder on the part of Holder shall operate as a waiver of such right or otherwise prejudice the Holder’s rights, powers or remedies. If the Company willfully and knowingly fails to comply with any provision of this Warrant, which results in any material damages to the Holder, the Company shall pay to the Holder such amounts as shall be sufficient to cover any costs and expenses including, but not limited to, reasonable attorneys’ fees, including those of appellate proceedings, incurred by the Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

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: to Wil-loughby’s actual distribution of cocaine (taking place miles from where the gun was found) and no evidence indicated that any distribution occurred at the storage facility (packaging drugs for later distribution is not distribution — that is why possession with intent to distribute is such a popular drug charge) and because a hypothetical future distribution is not a legitimate basis for a current conviction, the weapons conviction could only have been based upon a possession-protection theory, a valid ground in this circuit but not when it falls outside the scope of the indictment. Willoughby’s motion for a judgment of acquittal should have been granted. Willoughby, 27 F.3d at 266-67 (emphasis added); see also United States v. Weissman, 899 F.2d 1111, 1114-15 (11th Cir.1990) (<HOLDING>). Here, HRS § 708-840 (1993) provides that a Options: A. holding that even when a jury instruction is defective such a defect is cured when the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt B. holding that the trial court committed fundamental error in not instructing the jury on the knowledge element of the offense of resisting an officer without violence when that element was in dispute at trial C. holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury D. holding that the trial court reversibly erred when it altered an essential element of the crime charged and broadened the language of the indictment by instructing the jury on the general definition of enterprise for rico conspiracy E. holdingthat an error in instructing the jury that an offense could be committed by a statutory method not charged in the indictment is cured where the court provides the jury with the indictment and instructs jurors that the burden of proof rests upon the state to prove every material allegation of the indictment and every essential element of the crime charged beyond a reasonable doubt citation omitted

assistant: The best answer is D. holding that the trial court reversibly erred when it altered an essential element of the crime charged and broadened the language of the indictment by instructing the jury on the general definition of enterprise for rico conspiracy
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: predicate felony for an “aggravated felony” finding under the INA despite being considered a misdemeanor under the CSA. After Lopez, those persons — like Lopez himself — with state felony drug convictions for crimes that did not also amount to federal drug felonies were no longer “aggravated felons.” This clearly meets test of whether a change in law alters “the class of persons that the law punishes.” Schriro, supra, 542 U.S. at 353, 124 S.Ct. 2519. Likewise, after Lopez, the range of punishable conduct was significantly altered. Accordingly, I conclude Lopez announced a substantive new rule of law that should be applied retroactively to this collateral proceeding. But see United States v. Carroll, Nos. 5:03er42/ MCR, 5:06cv238/MCR/MD, 2007 WL 1299334, at *10 (N.D.Fla. April 30, 2007) (<HOLDING>); United States v. Barber, Civil No. 07-5103, Options: A. recognizing that a criminal defendants right to a fair trial is fundamental B. holding that it is not C. recognizing fundamental fairness requires criminal defendants be granted a meaningful opportunity to present a complete defense D. holding without explanation lopez is clearly procedural under this standard and thus it cannot be applied retroactively unless it is a watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding E. holding that an individual charged with criminal contempt is entitled to the full procedural protections afforded the defendant in any other criminal proceeding

assistant: The best answer is D. holding without explanation lopez is clearly procedural under this standard and thus it cannot be applied retroactively unless it is a watershed rule of criminal procedure implicating the fundamental fairness and accuracy of the criminal proceeding
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: Except for Laidlaw & Company (UK) Ltd., who has acted as placement agent for the Company, neither the Company nor any of the Company's officers, directors, employees or stockholders has employed or engaged any broker or finder in connection with the transactions contemplated by this Agreement and no fee or other compensation is or will be due and owing to any broker, finder, underwriter, placement agent or similar person in connection with the transactions contemplated by this Agreement. The Company is not party to any agreement, arrangement or understanding whereby any person has an exclusive right to raise funds and/or place or purchase any debt or equity securities for or on behalf of the Company.

assistant: Brokers
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: e.g., Int’l Alliance of Theatrical Stage Employees, 312 N.L.R.B. at 127 (finding that a union violated the Act where its stated reasons for permanently expelling an employee from the hiring hall were not genuine); Int’l Ass’n of Bridge, Structural & Ornamental Ironworkers, Local 118, 309 N.L.R.B. 808, 811, 1992 WL 389435 (1992) (concluding that a union violated its duty of fair representation in departing from its own contractual standards in administering its referral system); Plumbers & Steamfitters Local No. 40, 242 N.L.R.B. 1157, 1161, 1979 WL 9190 (1979) (finding that a union's resort to self-help in disregard of contractual procedures for resolving hiring hall dispute established a violation of the Act). See also Local 357, Int’l Bhd. of Teamsters, 365 U.S. at 676, 81 S.Ct. 835 (<HOLDING>). In light of our determination that the Options: A. holding that the board may not dictate specific procedures and rules that a union must adopt not that the board errs when it determines that a union engaged in unfair labor practices by failing to operate in accordance with objective criteria B. holding that questioning of employees about number of union cards signed placing employees in a position of having to admit or deny union support and participating in antiunion petition were all unfair labor practices C. holding that a rico action by union members was properly dismissed where any financial improprieties occurred with union funds and directly injured solely the union D. recognizing that union members interests are adequately represented by the union E. holding that a union officials comments may be used to infer the object of union activity

assistant: The best answer is A. holding that the board may not dictate specific procedures and rules that a union must adopt not that the board errs when it determines that a union engaged in unfair labor practices by failing to operate in accordance with objective criteria
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 has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the one year preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, together with the Prospectus and the Prospectus Supplement, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or, except as set forth on Schedule 3.1(h) , has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. To the Company’s knowledge, the Company has never been an issuer subject to Rule 144(i) under the Securities Act. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received (a) all fees required to be paid to the Administrative Agent and the Incremental Joinder Agreement No. 1 Lead Arrangers as separately agreed in writing prior to the date hereof and (b) all other fees required to be paid, and all expenses for which reasonably detailed invoices have been presented (including the reasonable fees and expenses of Cahill Gordon & Reindel LLP), on or before the Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. Counterparts delivered by facsimile or email shall be deemed originals.

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: During the Term, the Executive shall be entitled to receive prompt reimbursement for all reasonable expenses incurred by the Executive in performing services hereunder, including all reasonable expenses of travel and living while away from home, provided that such expenses are incurred and accounted for in accordance with the policies and procedures established by the Corporation.

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 legal provision and list the applicable contract clause categories. Provision: Any notice required to be given or delivered to the Corporation under the terms of this Agreement shall be in writing and addressed to the Corporation at its principal corporate offices. Any notice required to be given or delivered to Participant shall be in writing and addressed to Participant at the address indicated below Participant’s signature line on this Agreement. All notices shall be deemed effective upon personal delivery or upon deposit in the U.S. mail, postage prepaid and properly addressed to the party to be notified.

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: than during a trial, Burke’s right to confront the witnesses against him physically was not implicated. Unlike in cases where the defendant is present only via video-conferencing, Burke was in the courtroom, physically facing the witnesses, and it was only the judge who was remote. The other constitutional foundation of the right of defendant to be present is the Fifth Amendment Due Process clause, and the Supreme Court has held that this clause guarantees “that a defendant be allowed to be present ‘to the extent that a fair and just hearing would be thwarted by his absence[.]’ ” Kentucky v. Stincer, 482 U.S. 730, 745, 107 S.Ct. 2658, 96 L.Ed.2d 631 (1987) (quoting Snyder v. Massachusetts, 291 U.S. 97, 108, 54 S.Ct. 330, 78 L.Ed. 674 (1934)); see also id. at 745-46, 107 S.Ct. 2658 (<HOLDING>); Gagnon, 470 U.S. at 526, 105 S.Ct. 1482 Options: A. holding that no hearing was required where there were written reports supporting defendants competency B. holding that the due process rights of an unadmitted alien barred from entry on security grounds were not violated when he was excluded from the united states without a hearing C. holding confrontation right not violated by exclusion of defendant from competency hearing of child witnesses where defendant had opportunity for full and effective crossexamination at trial D. holding that due process requires a hearing appropriate to the nature of the case E. holding that due process guarantees were not violated where a defendant was excluded from a witness competency hearing and noting that the hearing did not concern the witnesses substantive testimony

assistant: The best answer is E. holding that due process guarantees were not violated where a defendant was excluded from a witness competency hearing and noting that the hearing did not concern the witnesses substantive testimony
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: Tenant shall include in the insurance policies required to be maintained by Tenant under this Lease, and, to the extent Landlord carries liability insurance that covers the Leased Premises, Landlord shall include in such policies, a waiver of the insurer’s right of subrogation against the other party during the Term or, if such waiver should be unobtainable or unenforceable, (a) an express agreement that such policy shall not be invalidated if the insured waives the right of recovery against any party responsible for a casualty covered by the policy before the casualty or (b) any other form of permission for the release of the other party with respect to any claim (including a claim for negligence) which it might otherwise have against the other party for loss, damage or destruction with respect to its property at the Leased Premises occurring during the Term to the extent to which it is, or is required to be, insured under a policy or policies containing a waiver of subrogation or permission to release liability.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Hodari D., 499 U.S. 621, 623, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991) (determining that while the police officers lacked a reasonable suspicion to stop the defendant, the evidence was nevertheless admissible because the defendant had abandoned the drugs prior to his seizure). A panel of this court recently determined that abandoned property is subject to lawful seizure without a warrant. Wilson v. State, 825 N.E.2d 49, 51 (Ind.Ct.App.2005). Hence, such property is not subject to Fourth Amendment protection. Miller v. State, 498 N.E.2d 53, 55 (Ind.Ct.App.1986), trans. denied. By the same token, if property is abandoned after a citizen is improperly detained, the evidence is not admissible Wilson, 825 N.E.2d at 51; see also State v. Pease, 531 N.E.2d 1207, 1211-12 (Ind.Ct.App.1988) (<HOLDING>). And the seizure of an individual does not Options: A. holding extraneous evidence that defendant was using drugs admissible under rule 404b because evidence not offered to show that defendant was drug user and was using drugs at the time of the offense but to rebut the defense of consensual sex B. holding that the trial courts damages award was against the manifest weight of the evidence because it was based upon inadmissible evidence C. holding that evidence obtained by improper search or seizure is inadmissible D. holding that evidence was insufficient to prove a conspiracy where the evidence did not show that individuals who sold drugs to the defendant knew that the drugs were meant to be resold E. holding that because an improper frisk forced the defendant to abandon drugs that evidence was inadmissible

assistant: The best answer is E. holding that because an improper frisk forced the defendant to abandon drugs that evidence was inadmissible
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: court’s decision in State v. Montgomery, 39 So.3d 252 (Fla.2010), which held that the then standard manslaughter-by-act instruction was fundamentally erroneous because it improperly contained an intent-to-kill element. In Montgomery, the Florida Supreme Court approved of the First District’s decision in Montgomery v. State, 70 So.3d 603 (Fla. 1st DCA 2009). Furthermore, prior to the filing of the initial brief in Deravil, the First District held that the standard attempted manslaughter-by-act instruction was fundamentally erroneous. Lamb v. State, 18 So.3d 734 (Fla. 1st DCA 2009). We therefore conclude that appellate counsel rendered ineffective assistance in failing to argue that the attempted manslaughter by act instruction constituted fundamental error. See Betts, 100 So.3d at 80 (<HOLDING>). Because a new appeal would be redundant in Options: A. holding offense of attempted seconddegree murder exists where there is evidence defendant intended to kill B. holding that the trial courts erroneous instruction on the nonexistent included offense of attempted reckless manslaughter was harmless beyond a reasonable doubt where the jury reached a unanimous guilty verdict as to the charged offense of attempted murder in the second degree C. holding that appellate counsel was ineffective in failing to argue based on the first districts decision in montgomery that the standard attempted manslaughterbyact instruction was fundamentally erroneous where betts was charged with attempted firstdegree premeditated murder and convicted of the necessary lesserincluded offense of attempted seconddegree murder D. holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder E. holding that tendering of assault instruction in attempted capital murder case was sufficient under rule 5a18 to alert the trial judge and the commonwealth that simple assault is a lesserincluded offense of attempted capital murder and that the defendant believed sufficient evidence supported granting the instruction

assistant: The best answer is C. holding that appellate counsel was ineffective in failing to argue based on the first districts decision in montgomery that the standard attempted manslaughterbyact instruction was fundamentally erroneous where betts was charged with attempted firstdegree premeditated murder and convicted of the necessary lesserincluded offense of attempted seconddegree murder
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 22.1 except as they may be supplemented by additional terms and conditions , policies , guidelines or standards , these terms constitute the entire agreement between airbnb and you pertaining to the subject matter hereof , and supersede any and all prior oral or written understandings or agreements between airbnb and you in relation to the access to and use of the airbnb platform .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As a material condition of this Agreement, Employee agrees not to disparage in any way, orally or in writing (in any medium, including via blogging or otherwise via the Internet), the Company or any of its subsidiaries, affiliates, officers, or directors to any person or entity. Employee will not do anything that portrays the Company, any of its subsidiaries, affiliates, officers, or directors, or the Company’s products, services, business practices, corporate structure or organization, or marketing methods in a negative light or in a way that might injure the Company’s business, affairs, or reputation. The Company agrees that it will make reasonable efforts to ensure that Tim Sullivan and Howard Hochhauser, as well as the management employees reporting directly to Mr. Sullivan and Mr. Hochhauser, do not disparage Employee to any person or entity. Notwithstanding the foregoing, the Parties acknowledge that they may make or disclose disparaging or injurious statements if such statements or disclosure are made as truthful testimony or disclosure pursuant to court order, agency directive, or in accordance with law, or to the extent reasonably necessary in the event of any litigation between the parties in connection with this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall, and shall cause each other Credit Party to, promptly upon request by the Administrative Agent, or the Required Lenders through the Administrative Agent, (a) correct any material defect or error that may be discovered in any Loan Document or in the execution, acknowledgment, filing or recordation thereof, and (b) do, execute, acknowledge, deliver, record, re‑record, file, re‑file, register and re‑register any and all such further acts, deeds, certificates, assurances and other instruments as the Administrative Agent, or the Required Lenders through the Administrative Agent, may reasonably require from time to time in order to carry out more effectively the purposes of the Loan Documents.

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: Except as otherwise defined herein or as the context may otherwise require, capitalized terms used but not otherwise defined herein are defined in Appendix A to the Sale and Servicing Agreement dated as of the date hereof (as from time to time amended, supplemented or otherwise modified and in effect, the “ Sale and Servicing Agreement ”) between the Issuer, the Servicer, Santander Drive Auto Receivables LLC and Wilmington Trust, National Association, as indenture trustee, which also contains rules as to usage that are applicable herein.

assistant: Definitions