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: Steele contends that the district court was required by United States Sentencing Guidelines § 5G1.3(b) to run his entire federal sentence concurrently with his undischarged state term of imprisonment. We disagree. Not all of Steele’s state offenses were considered as relevant conduct to increase his offense level. Therefore, § 5G1.3(b) and its requirement of a fully concurrent term are inapplicable. See United States v. Kimble, 107 F.3d 712, 714 (9th Cir.1997) (<HOLDING>). To the extent Steele raises an argument for a Options: A. holding that 5g13c applied because the defendants case involved multiple undischarged terms of imprisonment only one of which was used to enhance his instant sentence B. holding that 3584a allows the district judge to specify the sequence of service of terms of imprisonment only when sentences are imposed at the same time or the other sentence is an undischarged term of imprisonment to which the defendant is already subject C. holding that 5gl3b does not apply when the undischarged term of imprisonment results from multiple offenses only some of which were taken into account in determining the defendants offense level D. holding that the concurrent sentencing requirement of 5g13b is only triggered when there is an undischarged term of imprisonment at the time of sentencing E. holding that 5g13c applied where defendants undischarged sentence resulted from multiple convictions only one of which was used to enhance his instant sentence

assistant: The best answer is C. holding that 5gl3b does not apply when the undischarged term of imprisonment results from multiple offenses only some of which were taken into account in determining the defendants offense level
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: have long recognized a countervailing and competing set of concerns with regard to handgun ownership and use in public.”). Regulations restricting public carrying are all the more compelling in a geographically small -but heavily populated urban area like the District.. See Joseph Blocher, Firearm Localism, 123 Yale L.J. 82, 108 (2013) (“American cities have traditionally had much more stringent gun control than rural areas.”). Because the District’s good reason regulation does not affect firearm possession within the home and therefore does' -not “impose! ] a substantial burden upon the core right of self-defense protected by the Second Amendment,” I believe the correct standard of review is, at most, intermediate scrutiny, Heller II, 670 F.3d at 1257; accord Woollard, 712 F.3d at 878 (<HOLDING>); Kachalsky, 701 F.3d at 96 (“Because our Options: A. recognizing longstanding outofthehomeinthehome distinction bearing directly on the level of scrutiny applicable B. recognizing scrutiny on statutory grounds stated in 10a and scrutiny for whether the award evinces a manifest disregard of applicable law C. recognizing distinction made by majority D. recognizing this distinction E. recognizing the boggs distinction

assistant: The best answer is A. recognizing longstanding outofthehomeinthehome distinction bearing directly on the level of scrutiny applicable
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 any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America via wire transfer of immediately available funds in accordance with the Holder’s wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day.

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 case excerpt and choose the best holding from the options. Case excerpt: on the faulty premise that an instruction to use an unsuitable means of transport automatically relieves a carrier of its duty to exercise ordinary care. Under Elmore & Stahl, “the burden of proof is upon the carrier to show ... that it was free from negligence____” Id. at 138, 84 S.Ct. 1142. This requires proof that the carrier “exercise[d] reasonable caret ] under the circumstances.” Federated Dep’t Stores v. Brinke, 450 F.2d 1223, 1227 (5th Cir.1971). MAN’s instruction to use allegedly “unsuitable” tarpaulins was but one such circumstance. Advised of MAN’S choice, ASCO had a continuing obligation to act reasonably, under the prevailing circumstances, to prevent damage to the press in whole or in part. See Gordon H. Mooney, Ltd. v. Farrell Lines, Inc., 616 F.2d 619, 625 (2d Cir.1980) (<HOLDING>); Johnson v. Chicago, M., St. P. & P. R.R., 400 Options: A. holding that carrier was entitled to intervene as of right where the states workers compensation law permitted subrogation of a compensation carrier B. holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier C. holding that bill of lading not charterparty governed contract dispute between carrier and shipper D. recognizing a breachofduty action by an employee against a workers compensation carrier even though the carrier issued its policy to the employer E. holding that a rule requiring an excess carrier to drop down upon the insolvency of the primary carrier would impermissibly shift the risk of the primary carrier to the excess carrier and would require insurance companies to scrutinize one anothers financial stability before issuing secondary policies

assistant: The best answer is B. holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier
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: a government actor under the facts of this case under a “functional” or “federal action” analysis. Hall correctly points out that the Red Cross has been considered a government instrumentality in tax immunity cases. Department of Employment v. United States, 385 U.S. 355, 359-60, 87 S.Ct. 464, 467-68, 17 L.Ed.2d 414 (1966); United States v. City of Spokane, 918 F.2d 84, 88 (9th Cir.1990). However, this fact is not dispositive of the issues presented here. The question of whether a corporation is performing sufficient secondary or derivative government functions to be shielded from state taxation under M’Culloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819) is a far different question from whether it is subject to a constitutional restriction against burdening 127, 1132 (9th Cir. 1994) (<HOLDING>). As with many other government-chartered Options: A. recognizing statutory credit B. holding that credit for social security old age and survivor benefits does not also include credit for federal disability benefits C. recognizing that stateimposed restrictions upon property may be attributed to the federal government for purposes of a takings analysis where the state officials acted as agents of the federal government or pursuant to federal authority D. holding a federal credit union not to be a government actor for constitutional purposes E. holding that amtrak is an agency of the government for purposes of the constitutional obligations of government

assistant: The best answer is D. holding a federal credit union not to be a government actor for constitutional purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this AIP is held invalid or unenforceable, the invalidity or unenforceability shall not affect the remaining parts of the AIP, and the AIP shall be enforced and construed as if such provision had not been included.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: standing, it would have had to claim that the regulations thwarted some actual or potential interstate operation. The Court concludes that YVMH has prudential standing to sue for the alleged violations. The Complaint adequately alleges that the challenged regulations burden YVMH’s interstate business. Specifically, YVMH alleges that if it were allowed to perform elective PCI’s, it would 1) provide elective PCI to out-of-state residents; 2) buy necessary PCI equipment from out-of-state vendors; and 3) recruit physicians and staff from outside Washington to perform PCI. (Ct. Rec. 1 at 6.) If these facts are true, the Department burdened YVMH’s interest in participating in interstate commerce. Cf. Oregon v. Heavy Vehicle Elec. License Plate, Inc., 157 F.Supp.2d 1158, 1169-70 (D.Or.2001) (<HOLDING>). YVMH need only plead that it has interstate Options: A. holding that dormant commerce clause complaint by instate resident against municipality failed on merits because challenged rule regulated evenhandedly and did not burden interstate commerce B. holding that state restrictions on electronic license plates might constitute an undue burden on interstate commerce so the claim fell within the zone of interests protected by the dormant commerce clause C. holding that stock exchanges asserting their rights to engage in interstate commerce free of discriminatory taxes are within the zone of interests protected by the commerce clause D. holding that statute which prohibited gun possession near a school zone exceeded congresss authority under the commerce clause because the statute did not regulate activity that had a substantial effect on interstate commerce E. holding that state regulations of intrastate wildlife are within dormant commerce clause

assistant: The best answer is B. holding that state restrictions on electronic license plates might constitute an undue burden on interstate commerce so the claim fell within the zone of interests protected by the dormant commerce 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 case excerpt and choose the best holding from the options. Case excerpt: of corporate officers and the appointment of accountants occur at the annual Board of Directors meetings held in New York. Indeed, the record contains almost no evidence of corporate activity on the part of either Lerfer or Calumet taking place outside of New York. Despite these uncontroverted facts, the district court concluded that the principal place of business of both Lerfer and Calumet was Puerto Rico. In so doing, the court rejected appellants’ characterization of Lerfer and Calumet as “passive” holding companies and found that their raison d’etre included the operation of the Hotel: Only a[n] unrealistically narrow view of the orientation of the corporations and their partnership could yield such a conc ecurities Ltd. v. IB Resolution, Inc., 924 F.2d 1114, 1120 (D.C.Cir.) (<HOLDING>) (citing U.S.I. Properties Corp., 860 F.2d at Options: A. recognizing separate corporate identity of subsidiary holding company despite evidence that it could not act without the express permission of its parent and that its sole function was to serve as financial conduit for parent B. recognizing separate corporate identity of parent despite evidence that parent was alterego of its subsidiary and was being sued for acts of its subsidiary C. recognizing separate corporate identity of parent despite evidence that subsidiary performed the lions share of the film production for the parent D. holding that parent is liable for acts of subsidiary under agency theory only if parent dominates subsidiary parent of whollyowned subsidiary that had seats on board took part in financing and approved major policy decisions was not liable because parent did not have daytoday control E. recognizing separate corporate identity of parent despite evidence that parent consolidated its profits and losses with that of its whollyowned subsidiary in presenting parents financial reports to shareholders that subsidiary was considered a division of parent and that subsidiary accounted for 60 of parents and subsidiarys combined operations

assistant: The best answer is B. recognizing separate corporate identity of parent despite evidence that parent was alterego of its subsidiary and was being sued for acts of its subsidiary
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: Other than as set forth in the Registration Statement, the General Disclosure Package and the Prospectus, there are no legal or governmental proceedings pending to which the Company or any of the Subsidiaries is a party or, of which any property of the Company or any of the Subsidiaries is the subject which, if determined adversely to the Company or the Subsidiary, individually or in the aggregate, would have or may reasonably be expected to have a Material Adverse Effect, or would prevent or impair the consummation of the transactions contemplated by this Agreement, or which are required to be described in the Registration Statement, the General Disclosure Package or the Prospectus; and, to the Company’s knowledge, no such proceedings are threatened or contemplated by governmental authorities or others.

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: Loan Parties shall execute and deliver to Agent for the benefit of all Lender Parties, immediately, either (i) on the Original Closing Date with respect to any trademarks, patents or copyrights, registered, or to be registered, with the applicable Governmental Body as of the Original Closing Date, or (ii) upon the creation or acquisition by Loan Party of any trademarks, patents or copyrights, registered, or to be registered, with the applicable federal Governmental Body subsequent to the Original Closing Date, security agreements with respect thereto, in registrable form, each in form and substance satisfactory to Agent.

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 legal provision and list the applicable contract clause categories. Provision: The failure to strictly enforce any or all of the terms of this Agreement by either of the Parties hereto shall not be construed as and shall not result in a waiver of their right to strictly enforce any and all of the terms and conditions of this Agreement, despite such Party’s prior failure to strictly enforce the terms and conditions of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as contained in the Restatement and hold that, where the principal obligor can satisfy the obligation himself or itself, “[i]t is inequitable for the surety to be compelled to suffer the inconvenience and temporary loss which a payment by him will entail if the principal can satisfy the obligation.” Id. § 112, cmt. a; Gardner v. Bean, 677 P.2d 1116, 1119 (Utah 1984) (“Exoneration permits a guarantor to compel a principal to pay an entire obligation then due.”) (citing Restatement § 112). With respect to the right of contribution from co-sureties, Section 149 of the Restatement gives the surety the right to such contribution if the surety has paid more than the surety’s proportionate share. See First Nat’l Bank v. Energy Equities, Inc., 91 N.M. 11, 17, 569 P.2d 421, 427 (Ct.App.1977) (<HOLDING>); see also Gardner, 677 P.2d at 1118 (same) Options: A. recognizing contribution in the appropriate case B. recognizing a right to contribution C. holding that contribution will lie where no statute precludes recovery from the joint tortfeasor against whom contribution is sought D. recognizing right of contribution against joint tortfeasor where release is obtained on his behalf E. recognizing right of guarantor to contribution against coguarantors

assistant: The best answer is E. recognizing right of guarantor to contribution against coguarantors
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: Indemnification under this Section 9.2 shall include, without limitation, reasonable fees and expenses of counsel and expenses of litigation (including such fees and expenses incurred in enforcing the Indemnifying Party’s right to indemnification). If the Indemnifying Party has made any indemnity payments pursuant to this Section and the recipient thereafter collects any of such amounts from others, the recipient shall promptly repay such amounts collected to the Indemnifying Party, without interest.

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: This Agreement may be executed in counterparts, each of which is deemed to be an original, but such counterparts together shall constitute one and the same document. Copies of executed signature pages conveyed via fax or email shall be valid and binding for all purposes to the same extent as original executed signature pages.

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: This Agreement constitutes the entire contract between the parties relative to the subject matter hereof. Any previous agreement among or representations from the parties or their Affiliates with respect to the subject matter hereof is superseded by this 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 legal provision and list the applicable contract clause categories. Provision: During the Employment Term, Executive shall be paid an annual base salary of $900,0000 (“ Base Salary ”). The Base Salary shall be payable in accordance with the Company’s regular payroll practices as then in effect. During the Employment Term, the Base Salary shall be reviewed annually and is subject to increase (but not decrease, including after any increase) at the discretion of the Compensation Committee of the Board (the “ Committee ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event Executive initiates or voluntarily participates in any Proceeding, or if he fails to abide by any of the terms of this Agreement or his post-termination obligations contained in the Employment Agreement, or if he revokes the ADEA release contained in Paragraph 2(b) of this Agreement within the seven (7) -day period provided under Paragraph 2(b), the Company may, in addition to any other remedies it may have, reclaim any amounts paid to him under the severance provisions of the Employment Agreement or terminate any benefits or payments that are subsequently due under the Employment Agreement, without waiving the release granted herein. The foregoing shall not apply to Executive’s bringing to the attention of the EEOC any claims of discrimination. Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of his post - termination obligations under the Employment Agreement or his obligations u nder Paragraphs 2 and 3 of this Agreement would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law or in equity, the Company shall be entitled to seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining Executive from breaching his post-termination o bligations under the Employment Agreement or his obligations u nder Paragraphs 2 and 3 of this Agreement. Such injunctive relief in any court shall be available to the Comp any, in lieu of, or prior to or pending determination in, any arbitration proceeding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date of this Agreement, the Indemnification Agreement, the Inventions Agreement and the award agreements with respect to Executive’s outstanding Equity Awards, represents the entire agreement and understanding between the parties as to the subject matter herein and supersedes all prior or contemporaneous agreements whether written or oral, including, but not limited to, the Offer Letter and the Severance Agreement. This Agreement may be modified only by agreement of the parties by a written instrument executed by the parties that is designated as an amendment to this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: agreement that is contrary to public policy.”). 47 . Id. (internal quotation marks omitted). 48 . E.g., Delta Air Lines, Inc. v. Air Line Pilots Ass’n, Int’l., 861 F.2d 665, 666-68, 674 (11th Cir.1988) (affirming the reversal of an arbitration award’s reinstatement of a pilot who flew while drunk); Amalg. Meat Cutters & Butcher Workmen, Local Union 540 v. Great W. Food Co., 712 F.2d 122, 125 (5th Cir.1983) (reversing enforcement of an award to reinstate a truck driver who drank on duty); NLRB v. Dixie Motor Coach Corp., 128 F.2d 201, 203 (5th Cir.1942) (permitting, pre-W.K. Grace, a company’s discharge of a bus driver who drank while working his route). But see Oil, Chem. & Atomic Workers, Int’l Union, Local No. 4-228 v. Union Oil Co. of Cal, 818 F.2d 437, 441-43 (5th Cir.1987) (<HOLDING>). 49 . 712 F.2d at 124. 50 . 768 F.2d 739, 742 Options: A. holding 12year statute of limitations violated state guarantee of open courts when it would have barred right of actions against manufacturer of drug before they ever existed as it was not discovered until 20 years after drug was administered that the drug caused cancer B. holding that additional witnesses were not needed to corroborate the defendants drug abuse problems because counsel had already introduced sufficient evidence of drug use C. holding that an arbitrators award reinstating an oil refinery worker who used drugs offsite was not against public policy at the time it was issued before new drug problems cropped up but remanding for reconsideration in light of the further drug use D. 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 E. holding that evidence of prior drug sales was sufficiently similar to the crimes charged to be probative of the fact that the defendant was not merely an innocent driver who was involved in the drug transaction by accident

assistant: The best answer is C. holding that an arbitrators award reinstating an oil refinery worker who used drugs offsite was not against public policy at the time it was issued before new drug problems cropped up but remanding for reconsideration in light of the further drug use
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 two or more identical counterparts, each of which shall be deemed to be an original, and all of which together shall constitute one and the same agreement. The Agreement may be delivered by facsimile or email scan transmission of a signed copy thereof.

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: To the maximum extent permitted by applicable law, the Company shall defend, indemnify and hold harmless Executive from any and all claims, demands, suits, actions, proceedings or other administrative matter, fines, penalties or other matters at law or equity which arise against Executive by reason of being an officer, director or employee of the Company, or which relate to the acts and omissions of Executive which take place in the normal course of the duties of Executive for the Company, or other such acts and omissions as may be otherwise requested of Executive by the Company, provided, however, provided that any settlement, consent to judgment, or similar action taken by Executive without the prior written consent of the Company in respect of any such lawsuit or other claim will not be subject to indemnification hereunder, and provided further that the obligation of the Company to defend, indemnify and hold Executive harmless shall not apply to any acts of willful misconduct on the part of Executive. For purposes of this Section 12, an act shall be treated as willful if done or not done in bad faith and without reasonable belief that such act was in the best interests of the Company. Notwithstanding anything to the contrary, the obligation of the Company to defend, indemnity and hold Executive harmless pursuant to this Agreement shall survive the termination of this Agreement and any other Agreements which may arise between the Company and Executive in the future.

assistant: Indemnifications
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 specifically provided in this Agreement and whether or not the Closing occurs, each Party and its respective Affiliates shall pay (i) all expenses incurred by or on behalf of such Party or its respective Affiliates in connection with the preparation, authorization and execution of this Agreement and the other Transaction Documents, including all fees and expenses of agents, representatives, counsel and accountants, and (ii) all amounts payable with respect to any claim for brokerage or finders’ fees or other commissions with respect to the transactions contemplated by this Agreement based in any way on any agreement, arrangement or understanding made by such Party or any of its respective Affiliates.

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: On the Closing Date, (i) each Purchaser shall pay its respective Purchase Price to the Company for the Shares and the Warrants to be issued and sold to such Purchaser at the Closing, by wire transfer of immediately available funds in accordance with the Company’s written wire instructions, and (ii) the Company shall (A) cause the Transfer Agent through the Depository Trust Company (“DTC”) Fast Automated Securities Transfer Program to credit, without restriction, to such Purchaser’s or its designee’s balance account with DTC through its Deposit/Withdrawal at Custodian (“DWAC”) system such aggregate number of Common Shares that such Purchaser is purchasing as is set forth opposite such Purchaser’s name in column (3) on the Schedule of Purchasers, (B) deliver to each Purchaser a warrant certificate, in the form attached hereto as Exhibit A, pursuant to which such Purchaser shall have the right to initially acquire up to the number of Warrant Shares as is set forth opposite such Purchaser’s name in column (4) on the Schedule of Purchasers and (C) deliver to such Purchaser the other documents, instruments and certificates set forth in Section 2.2. Notwithstanding anything to the contrary contained in the Warrants, all Warrant Shares shall be delivered via DWAC.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall be considered one and the same Agreement. Counterpart signature pages to this Agreement transmitted by facsimile transmission, by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original signature.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you reside in the european union , you acknowledge that you will therefore no longer have the right to cancel under the eu 's consumer rights directive ( as implemented by the law of the country where you are located ) once we start to supply the virtual item .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: d. you agree not to ( or attempt to ) circumvent , disable or otherwise interfere with any security related features of the service or features that ( i ) prevent or restrict use or copying of content or ( ii ) enforce limitations on use of the service or the content accessible via the service ;

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: a prior memorandum opinion and order, the court dismissed Plaintiffs’ failure to aid claim against then-defendant County of Kern, which was alleged on the basis of a 20-minute response between the time of the call for medical assistance and the arrival of the ambulance. In Plaintiffs’ SAC, the claim for constitutional harm arising from failure to aid is aimed at officers Mejia and Manuele. The SAC alleges that Mejia and Manuele delayed (for an undisclosed period of time) in calling for medical assistance and that neither rendered any aid at the scene. Although the [Fourteenth] Amendment does not generally require police officers to provide medical assistance to private citizens, DeShaney v. [Winnebago County Dept. Soc. Svcs., 489 U.S. 189, 197, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989) ] (<HOLDING>), when a state officer’s conduct places a Options: A. holding that the due process clause does not generally confer affirmative rights to governmental aid even where such aid may be necessary to secure life B. holding that the due process clause does not obligate the government to pay money damages C. holding that doctrine does not violate due process D. holding that the defendant bears the burden of proof and that such a disposition does not violate the due process clause E. holding that foreign states are not persons entitled to rights under the due process clause

assistant: The best answer is A. holding that the due process clause does not generally confer affirmative rights to governmental aid even where such aid may be necessary to secure life
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the validity of a lien asserted by the North Carolina Department of Health and Human Services, also filed prior to Mr. Stern’s being named guardian of the estate, the caption identified the plaintiffs as “A. W. IRREVOCABLE SPECIAL NEEDS TRUST; A. W, a minor, by and through her guardian ad litem, THOMAS M. STERN.” Given that, in this case, the caption and the prayer for relief both indicate that Mr. Stern has sued in his capacity as guardian of the estate and that when Mr. Stem has chosen to sue in his capacity as guardian ad litem, he has specifically indicated that fact in the caption, we hold that Mr. Stern has brought this action on his own behalf as guardian of Armani’s estate and not as a guardian ad litem. Cf. Mullis v. Sechrest, 347 N.C. 548, 554, 495 S.E.2d 721, 724-25 (1998) (<HOLDING>). Because Mr. Stern has not sued in his Options: A. holding that loss of earnings was sufficiently encompassed by general prayer for relief B. holding that in determining capacity in which defendant was sued it is appropriate to consider course of proceedings and allegations in complaint including caption section identifying parties claim for relief and prayer for relief C. holding that plaintiff had failed to state a claim for relief under section 1983 D. holding prayer for general relief does not support award of attorneys fees E. holding that a request for injunctive relief was merely incidental to a prayer for damages where it was designed to facilitate and ensure the satisfaction of any monetary relief the court might award

assistant: The best answer is B. holding that in determining capacity in which defendant was sued it is appropriate to consider course of proceedings and allegations in complaint including caption section identifying parties claim for relief and prayer for relief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, (a) the authorized capital stock of the Company is set forth in the periodic report on Form 8-K filed by the Company on June 2, 2016 and (b) a total of 4,741,944 shares of Common Stock are outstanding, excluding the Initial Purchase Shares and the Commitment Shares. Except as disclosed in the SEC Documents (as defined below), (i) no shares of the Company's capital stock are subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company, (ii) there are no outstanding debt securities, (iii) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its Subsidiaries, or contracts, commitments, understandings or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries or options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its Subsidiaries, (iv) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of their securities under the Securities Act (except the Registration Rights Agreement), (v) there are no outstanding securities or instruments of the Company or any of its Subsidiaries which contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company or any of its Subsidiaries is or may become bound to redeem a security of the Company or any of its Subsidiaries, (vi) there are no securities or instruments containing anti-dilution or similar provisions that will be triggered by the issuance of the Securities as described in this Agreement and (vii) the Company does not have any stock appreciation rights or "phantom stock" plans or agreements or any similar plan or agreement. The Company has furnished to the Investor true and correct copies of the Company's Certificate of Incorporation, as amended and as in effect on the date hereof (the " Certificate of Incorporation "), and the Company's Bylaws, as amended and as in effect on the date hereof (the " Bylaws "), and summaries of the terms of all securities convertible into or exercisable for Common Stock, if any, and copies of any documents containing the material rights of the holders thereof in respect thereto.

assistant: Capitalization
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: show that the defendant was “deliberately indifferent” to inmate safety. Id. Adderly’s first conditions of confinement claim arises from his time in a strip cell from February 5, 2005, to February 12, 2005. Adderly asserted that he was deprived of clothing, toiletries, legal mail, a pillow, and a mattress, and was denied access to the law library and showers for seven days. Adderly asserted essentially the same basis for a conditions of confinement claim based on his stay in a strip cell from April 7, 2005, to April 14, 2005. Although the deprivations Adderly allegedly suffered during those periods of confinement may have been harsh; they do not constitute a denial of “the minimal civilized measures of life’s necessities.” See, e.g., Williams v. Delo, 49 F.3d 442, 444-47 (8th Cir.1995) (<HOLDING>). Moreover, although Adderly claimed prison Options: A. holding that two bursts of pepper spray to stop fighting in a cell was not considered excessive force and did not violate prisoners eighth amendment rights B. holding the defendant lacked any expectation of privacy in his cell so the jailer had the right to inspect anything in his cell C. holding no eighth amendment violation where prisoner was placed in a strip cell without clothes the water in the cell was turned off and the mattress removed and prisoners bedding clothing legal mail and hygienic supplies were withheld D. holding seizure of arrestees cell phone lawful but finding the fourth amendment requires a warrant to perform a forensic search of the lawfully seized cell phone E. holding that it was not clearly established in 2002 that forcing a prisoner to sleep without a mattress but with a bed and a blanket violated the eighth amendment

assistant: The best answer is C. holding no eighth amendment violation where prisoner was placed in a strip cell without clothes the water in the cell was turned off and the mattress removed and prisoners bedding clothing legal mail and hygienic supplies were withheld
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: fees. DMC cross appeals the superior court’s reversal and asks this court to affirm the district court’s decision to dismiss the Hawkinses’ negligence claims for general damages. ANALYSIS I. The Hawkinses’ Appeal A. Liability Insurance ¶10 The Hawkinses first argue that the district court correctly excluded evidence of liability insurance. We agree. ¶11 ER 411 generally prohibits the introduction of evidence that a person did or did not possess liability insurance as proof that the person acted negligently or otherwise wrongfully. See, e.g., Goodwin v. Bacon, 127 Wn.2d 50, 55, 896 P.2d 673 (1995) (noting that in general, evidence regarding availability of insurance is inadmissible on the issue of negligence under ER 411); Todd v. Harr, Inc., 69 Wn.2d 166, 168, 417 P.2d 945 (1966) (<HOLDING>); Kappelman v. Lutz, 141 Wn. App. 580, 590, 170 Options: A. holding that racial discrimination is not a personal injury tort B. holding that age discrimination is not a personal injury tort C. recognizing that injury is a prerequisite to liability D. holding that whether or not a personal injury defendant carries liability insurance is immaterial E. holding that the basis of liability is negligence and not injury

assistant: The best answer is D. holding that whether or not a personal injury defendant carries liability insurance is immaterial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the respective successors and permitted assigns of the Parties hereto, but neither this Agreement nor any of the rights, interests or obligations hereunder of any Party hereto shall be assigned without the prior written consent of the other Party (which may be withheld for any reason), provided , however , that either Party may, without such consent, assign this Agreement in whole or in part (i) to a successor corporation in connection with the transfer or sale of all or substantially all of its business or assets to which this Agreement pertains or in the event of the merger or consolidation with another corporation; and (ii) to an Affiliate. Any purported assignment in violation of the preceding sentence shall be void. Any permitted assignee shall assume all obligations of its assignor under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall serve as theChief Strategy Officer of the Corporation with such duties, responsibilities and authority as are commensurate and consistent with his position, as may be, from time to time, assigned to him by the Board of Directors of the Corporation. The Executive shall report directly to the Board of Directors of the Corporation and the Chief Executive Officer. During the term of this Agreement, the Executive shall devote his full business time and efforts to the performance of his duties hereunder unless otherwise authorized by the Board of Directors. Notwithstanding the foregoing, the expenditure of reasonable amounts of time by the Executive for the making of passive personal investments, the conduct of private business affairs and charitable and professional activities shall be allowed, provided such activities do not materially interfere with the services required to be rendered to the Corporation hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: States, Reading, and Amtrak on this issue are still outstanding. 10 . Conrail has now dropped its motion for summary judgment on the immunity portion of Count III. Conrad's Memorandum of Law in Further Support of Its Motion for Summary Judgment at 1. The summary judgment motions of the United States, Reading, and Amtrak on this issue are still outstanding. 11 . 45 U.S.C. § 562 et seq. 12 . 45 U.S.C. § 1101 et seq. 13 . Consolidated Rail Corporation v. Penn Central Corporation, 533 F.Supp. 1351, 1353 (Sp.Ct. R.R.R.A.1982). 14 . Consolidated Rail Corporation v. Pittsburgh & Lake Erie Railroad Company, 459 F.Supp. 1013, 1016-17 (Sp.Ct.R.R.R.A.1978) (outlining the legislative history of § 209(e)(2)). 15 . Penn Central Corporation v. U.S., 814 F.Supp. 1116, 1119-1121 (Sp.Ct.R.R.R.A. 1993) (<HOLDING>); Consolidated Rail Corporation v. Dicello, 121 Options: A. holding that the court has jurisdiction to decide claims almost identical to those alleged here in conrails count i B. holding that the court of appeals has jurisdiction to decide its jurisdiction under the transitional rules of the iirira C. holding that district court has no jurisdiction to decide unauthorized second or successive 2255 claims D. holding that the court of federal claims had jurisdiction to decide an alleged due process violation related to his claim for damages under a moneymandating statute E. holding that juvenile court has no jurisdiction to consider constitutional claims

assistant: The best answer is A. holding that the court has jurisdiction to decide claims almost identical to those alleged here in conrails count i
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 ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by an amount that could reasonably be expected to result in a Material Adverse Effect the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed by an amount that could reasonably be expected to result in a Material Adverse Effect the fair market value of the assets of all such underfunded Plans.

assistant: Erisa