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: If any provision of the Non-Employee Stock Incentive Plan or any Award is or becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction or as to any Person or Award, or would disqualify the Non-Employee Stock Incentive Plan or any Award under any law deemed applicable by the Committee, such provision shall be construed or deemed amended to conform to the applicable laws, or if it cannot be construed or deemed amended without, in the determination of the Committee, materially altering the intent of the Non-Employee Stock Incentive Plan or the Award, such provision shall be stricken as to such jurisdiction, Person or Award and the remainder of the Non-Employee Stock Incentive Plan and any such Award shall remain in full force and effect. If such amendment or striking of such provision adversely affects the value of the Award, the Committee shall cause appropriate action to be taken to provide the affected Participant with substantially equivalent value to the Award in question.

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 legal provision and list the applicable contract clause categories. Provision: The Sellers and the Buyer acknowledge that the compensation to be paid to Sellers for the Business reflects that the Business is being sold subject to the provisions of Section 7.4 , and Sellers and the Buyer agree that the provisions of Section 7.4 shall survive all Closings hereunder indefinitely.

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: 719 F.2d 670, 677 (3d Cir.1983) ("[R]outine tasks, if performed by senior partners in large firms, should not be billed at their usual rates."). A court must to exclude hours that reflect "the wasteful use of highly skilled and highly priced talent for matters easily delegable to non-professionals or less experienced associates". Ursic, 719 F.2d at 677 (emphasis added). This proposition, however, presupposes that the attorneys charging maximum rates readily have junior associates and supporting paralegals at his or her disposal. See Poston v. Fox, 577 F.Supp. 915, 919-20 (D.N.J.1984) (finding that it is not always possible to delegate in small office); see also Roldan v. Phila. Hous. Auth., Civ. A. No. 95-6649, 1999 WL 1167658, *4, 1999 U.S. Dist. LEXIS 19093, at *14_15 (E.D.Pa.1999) (<HOLDING>). As Mr. Surkin detailed in his supplemental Options: A. holding that an outofstate attorney paying rent for a desk in an attorneys instate office had satisfied the office requirement B. recognizing that a prosecutors office is an entity and that information in the possession of one attorney in the office must be attributed to the office as a whole C. holding that when a judicial office is created by legislative act or municipal ordinance the office is regarded as a de facto office until the act or ordinance is declared invalid D. holding that reduction in rates is unwarranted in office that is understaffed and no less experienced attorney was available to perform tasks E. holding there is no constitutional right to an attorney much less an effective attorney in state postconviction proceedings

assistant: The best answer is D. holding that reduction in rates is unwarranted in office that is understaffed and no less experienced attorney was available to perform tasks
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: serving for the April 1986 conviction. Little’s convictions and sentences were affirmed on direct appeal. See United States v. Wingate, 854 F.2d 1318, 1988 WL 83334 (4th Cir. Aug.4, 1988) (unpublished). Since then, Little has filed numerous motions seeking post-conviction relief. Although an extensive review of Little’s endeavors is unnecessary, it suffices to note that the district court found the Rule 35(a) motion giving rise to this appeal, filed on June 17, 2002, was Little’s seventh attempt at post-conviction relief. Little’s Rule 35(a) motion alleged (1) that his convictions and sentences for both Count One and Count Forty in 1987 were “illegal” within the meaning of Rule 35(a) in light of Rutledge v. United States, 517 U.S. 292, 307, 116 S.Ct. 1241, 134 L.Ed.2d 419 (1996) (<HOLDING>); and (2) that the Bureau of Prisons (BOP) Options: A. holding conviction for cce murder 21 usc 848e1 is a separate offense from a cce 21 usc 848c B. holding that conspiracy is lesserincluded offense of cce C. holding that convictions for the crimes of conspiracy and continuing criminal enterprise violate double jeopardy D. holding that double jeopardy precluded conviction for both conspiracy and engaging in a cce when the conspiracy was used to prove the cce E. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges

assistant: The best answer is D. holding that double jeopardy precluded conviction for both conspiracy and engaging in a cce when the conspiracy was used to prove the cce
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does not satisfy this requirement. See R. Doc. 28, Ex. A at 3. Mr. Mayberry’s claim that his termination was not for job-related misconduct and not subject to mandatory demotion is supported by his uncontroverted affidavit asserting that none of the other inmates involved received a similar retroactive demotion and loss of credits. It is further uncontroverted that no disciplinary committee recommended retroactive loss of good-time credits due to the April 7, 1998 incident as required by 57 O.S.1991 § 138. The State’s argument that it was impossible to provide Mr. Mayberry with a predeprivation hearing is without merit, and the cases on which it relies for that proposition are easily distinguishable. Compare Hudson v. Palmer, 468 U.S. 517, 532-33, 104 S.Ct. 3194, 82 L.Ed.2d 393 (1984) (<HOLDING>), with Waldon, 861 P.2d at 313 (holding that, Options: A. holding postdeprivation remedy is adequate even when deprivation was intentional B. holding that a civil cause of action for wrongful conversion of personal property is an adequate postdeprivation remedy for drugrelated property forfeitures C. holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies D. holding that postdeprivation tort remedy constitutes all the process that is due for unauthorized negligent and intentional torts by state officials E. holding that meaningful postdeprivation hearing is sufficient to remedy unauthorized intentional deprivations of inmates property

assistant: The best answer is E. holding that meaningful postdeprivation hearing is sufficient to remedy unauthorized intentional deprivations of inmates 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: If any Reviewing Party determines that Indemnitee is not entitled to be indemnified hereunder in whole or in part under the Operative Materials, Indemnitee shall have the right to challenge such determination within 90 days of the determination by the Reviewing Party in the Delaware Court (as defined below). In such case, any determination made by any Reviewing Party that Indemnitee is not entitled to indemnification and/or Expense Advances under the Operative Materials shall not be binding, and Indemnitee shall not be required to reimburse the Company for any Expenses and/or Expense Advances theretofore paid to or on behalf of Indemnitee until a final determination is made with respect thereto (as to which all rights of appeal therefrom have been exhausted or lapsed). Absent such challenge, any determination by any Reviewing Party shall be conclusive and binding on the Company and Indemnitee.

assistant: Binding Effects
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 any Proceeding in which Company is advancing Expenses or providing indemnification to the Indemnitee, the Indemnitee shall use commercially reasonable efforts to cooperate with the person, persons, insurers or entities acting on the Company’s or Indemnitee’s behalf, including providing to such person, persons or entity upon reasonable advance request any documentation or information which is not privileged or otherwise protected from disclosure and which is in the possession of Indemnitee and reasonably relates to the subject Proceeding and the Company’s indemnification and advancement obligations hereunder shall at all times be subject to the Indemnitee’s duty of cooperation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Board may, from time to time, alter, amend, suspend or terminate the Plan as it shall deem advisable, subject to any requirement for stockholder approval imposed by applicable law, including the rules and regulations of the principal U.S. national securities exchange on which the Shares are traded; provided that the Board may not amend the Plan in any manner that would result in noncompliance with Rule 16b-3 of the Exchange Act; and further provided that the Board may not, without the approval of the Company's stockholders, amend the Plan to (a) increase the number of Shares that may be the subject of Awards under the Plan (except for adjustments pursuant to Section 12.2), (b) expand the types of awards available under the Plan, (c) materially expand the class of persons eligible to participate in the Plan, (d) amend Section 5.3 or Section 6.2(f) to eliminate the requirements relating to minimum exercise price, minimum grant price and stockholder approval, (e) increase the maximum permissible term of any Option specified by Section 5.4 or the maximum permissible term of a Stock Appreciation Right specified by Section 6.2(d), or (f) increase the Limitations. The Board may not, without the approval of the Company's stockholders, cancel an Option or Stock Appreciation Right in exchange for cash or take any action with respect to an Option or Stock Appreciation Right that would be treated as a repricing under the rules and regulations of the principal securities exchange on which the Shares are traded, including a reduction of the exercise price of an Option or the grant price of a Stock Appreciation Right or the exchange of an Option or Stock Appreciation Right for cash or another Award. In addition, no amendments to, or termination of, the Plan shall impair the rights of a Participant in any material respect under any Award previously granted without such Participant's consent.

assistant: Amendments
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: Paragraph headings are only used in this Agreement for convenience. Borrower and Lender acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Lender or Borrower under any rule of construction or otherwise.

assistant: Construction
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: Petitioner's Motion in Limine" {opposition memorandum) the Division asserted that the Commission, in the interest of justice, should relieve the parties from the stipulation because At the time of the stipulation, counsel for the parties relied upon the representations of [Yeargin's counsel] in drafting and agreeing to paragraph 12 of the Joint Stipulation. Obviously, subsequent investigation showed the error should anyone interpret paragraph 12 to state that Yeargin Ine. had not purchased materials. To that extent, the Joint Stipulation reflects a mistake of fact. «[ 24 We conclude that the Division's opposition memorandum, though not entitled such, was in substance a request to be relieved from the stipulation. See Armstrong Rubber Co. v. Bastian, 657 P.2d 1346, 1347-48 (Utah 1983) (<HOLDING>); Howard v. Howard, 11 Utah 2d 149, 152, 356 Options: A. holding that because pleadings are to be liberally construed if the nature of the motion is clear from its substance an improper caption is not fatal B. holding that pro se pleadings will be liberally construed C. holding that pro se pleadings are to be liberally construed D. holding to ensure substantial justice to the parties the pleadings must be liberally construed E. holding that pleadings under the rico act are to be liberally construed

assistant: The best answer is A. holding that because pleadings are to be liberally construed if the nature of the motion is clear from its substance an improper caption is not fatal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and any of its Affiliates are authorized to withhold from any Award granted, or any payment relating to an Award, including from a distribution of Stock, taxes due or potentially payable in connection with any transaction involving an Award, and to take such other action as the Committee may deem advisable to enable the Company, its Affiliates and Participants to satisfy the payment of withholding taxes and other tax obligations relating to any Award in such amounts as may be determined by the Committee. The Committee shall determine, in its sole discretion, the form of payment acceptable for such tax withholding obligations, including the delivery of cash or cash equivalents, Stock (including previously owned shares, net settlement, a broker-assisted sale, or other cashless withholding or reduction of the amount of shares otherwise issuable or delivered pursuant to the Award), other property, or any other legal consideration the Committee deems appropriate. Any determination made by the Committee to allow a Participant who is subject to Rule 16b-3 to pay taxes with shares of Stock through net settlement or previously owned shares shall be approved by either a committee made up of solely two or more Qualified Members or the full Board. If such tax withholding amounts are satisfied through net settlement or previously owned shares, the maximum number of shares of Stock that may be so withheld or surrendered shall be the number of shares of Stock that have an aggregate Fair Market Value on the date of withholding or surrender equal to the aggregate amount of such tax liabilities determined based on the greatest withholding rates for federal, state, foreign and/or local tax purposes, including payroll taxes, that may be utilized without creating adverse accounting treatment for the Company with respect to such Award, as determined by the Committee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or order or for reversal on appeal, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. “The essential purpose of a verification is that the statements be made under penalty or perjury.” Austin v. Sanders, 492 N.E.2d 8, 9 (Ind.1986). As a result of the amended contempt motion, the trial court had before it almost identical verified allegations against Benson, and the essential purpose of the verification requirement was satisfied. We cannot say that any error in the verification process affected Benson’s substantial rights. See Mariga v. Flint, 822 N.E.2d 620, 632-33 (Ind.Ct.App.2005) (<HOLDING>), trans. denied; Wabash Valley Hosp., 827 Options: A. holding that if trial courts verdict was based on hearsay statements of victim admitted in violation of the confrontation clause the error clearly would not only affect substantial rights but would seriously affect the fairness and integrity of the proceedings B. holding that sentencing error did not affect defendants substantial rights because error did not result in longer term of imprisonment C. holding that apprendi error did not affect substantial rights where in the absence of the error the application of section 5g12d of the guidelines would have resulted in the same term of imprisonment D. holding that the juror misconduct did not have a substantial and injurious affect E. holding that the failure to properly caption and verify a petition did not affect the substantial rights of the parties

assistant: The best answer is E. holding that the failure to properly caption and verify a petition did not affect the substantial rights of the parties
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 that at any future time it is determined by an arbitrator or court of competent jurisdiction that any covenant, clause, provision or term of this Release Agreement is illegal, invalid or unenforceable, the remaining provisions and terms of this Release Agreement will not be affected thereby and the illegal, invalid or unenforceable term or provision will be severed from the remainder of this Release Agreement. In the event of such severance, the remaining covenants will be binding and enforceable.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: supercell shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of supercell , including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond supercell 's control such as acts of god , war , terrorism , riots , embargoes , acts of civil or military authorities , fire , floods , accidents , strikes , or shortages of transportation facilities , fuel , energy , labor or materials .

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: The headings preceding the text of Articles and Sections included in this Agreement and the headings to exhibits, schedules or annexes to this Agreement are for convenience only and shall not be deemed part of this Agreement or be given effect in interpreting this Agreement.

assistant: Interpretations
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 either party breaches a material provision of this Agreement, the other party may terminate this Agreement immediately. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days’ notice. Company shall pay Consultant all unpaid, undisputed amounts due for the Services completed prior to notice of such termination. Sections 2 (subject to the limitations set forth in Section 2(c)) through 9 of this Agreement and any remedies for breach of this Agreement shall survive any termination or expiration. Company may communicate the obligations contained in this Agreement to any other (or potential) client or employer of Consultant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and Executive shall have the right to obtain from a court an injunction or other equitable relief arising out of the Executive’s breach of the provisions of Section 6 of this Agreement. However, any other controversy or claim arising out of or relating to this Agreement, any alleged breach of this Agreement, or Executive’s employment by the Company or the termination of such employment, including any claim as to arbitrability or any claims for any alleged discrimination, harassment, or retaliation in violation of any federal, state or local law, shall be settled by binding arbitration to occur in Dallas, Texas in accordance with the rules of the American Arbitration Association then applicable to employment-related disputes and any judgment upon any award, which may include an award of damages, may be entered in the state or federal court having jurisdiction over such award.

assistant: Arbitration
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 party shall do and perform, or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Amendment and the consummation of the transactions contemplated hereby.

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 case excerpt and choose the best holding from the options. Case excerpt: is whether the MCSO failed to promptly produce the records for each request submitted by the New Times. If it did, then, pursuant to the requirements of the statute, it denied access to public records and the superior court had discretion to award attorneys’ fees. ¶ 14 Although Arizona law requires that the documents be promptly furnished, it does not specify a specific number of days from the request by which time a public body must furnish the documents. We have previously defined “prompt” in this context as being “quick to act” or producing the requested records “without delay.” West Valley View, Inc. v. Maricopa County Sheriff’s Office, 216 Ariz. 225, 230, ¶ 21, 165 P.3d 203, 208 (App.2007) (quoting Webster’s New World Dictionary 1137 (2d ed.1980)). In W 335, 690 P.2d 51, 54 (1984) (<HOLDING>); Elec. Privacy Info. Ctr. v. Dep’t of Justice, Options: A. holding that where complaint seeks greater damages than counterclaim and court denied relief to both parties there is no successful party B. holding that the burden is on the plaintiff C. holding that where a party has made a prior statement inconsistent with the one the party seeks to advance at trial a question of credibility arises which is for the jury not the judge to assess D. holding that the burden of showing that a harm will result from disclosure is on the party that seeks nondisclosure rather than on the party that seeks access E. holding that the burden of showing unreasonableness must be on the recipient who seeks to avoid compliance

assistant: The best answer is D. holding that the burden of showing that a harm will result from disclosure is on the party that seeks nondisclosure rather than on the party that seeks access
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 of the consummation or public announcement of any Placement, Rodman shall have the right to disclose its participation in such Placement, including, without limitation, the placement at its cost of “tombstone” advertisements in financial and other newspapers and journals.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The effective date of this agreement (the “Agreement”) shall be April 1, 2019 (the “Effective Date”). Subject to the provisions for termination as provided in Section 10 hereof, the term of Executive’s employment under this Agreement shall be the period beginning on the Effective Date and ending on the first anniversary of the Effective Date (the “Term"). The Term shall not be automatically renewed and shall end upon any earlier termination of Executive’s employment with the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has complied in all material respects with all Applicable Law to which it may be subject (including, without limitation, all applicable predatory and abusive lending laws, laws, rules and regulations relating to licensing, truth in lending, fair credit billing, fair credit reporting, equal credit opportunity, fair debt collection practices and privacy).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( b ) undertake , cause , permit or authorise the modification , creation of derivative works or improvements , translation , reverse engineering , decompiling , disassembling , decryption , emulation , hacking , discovery or attempted discovery of the source code or protocols of the software or any part or features thereof ( except to the extent permitted by law ) ;

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: Lankford was reasonable and supported by substantial evidence, the Court will not address the merits of the summary judgment motions between Webco and HCC as the issue of HCC’s payment of the claim under the stop-loss policy is now moot. V. Conclusion For the foregoing reasons, Defendants’ Webco, Inc. and the Plan Administrator for the Webco Employee Group Health Plan Motion for Summary Judgment (Doc. No. 63) is GRANTED, Plaintiffs Motion for Summary Judgment (Doc. No. 56) is DENIED, and the remaining motions are DENIED AS MOOT: Third-Party Defendant’s Motion for Summary Judgment (Doc. No. 61) and Third-Party Plaintiffs Motion for Summary Judgment (Doc. No. 65). IT IS SO ORDERED. 1 . In accordance with Local Rule 56.1(a), "[a]ll facts set forth in the statement o 947-48 (8th Cir.2000)(<HOLDING>) with Chronister v. Baptist Health, 442 F.3d Options: A. holding that when the insurer is also the plan administrator we have recognized something akin to a rebuttable presumption of a palpable conflict of interest B. holding that plan administrator that was also insurer operated under conflict of interest C. holding that when an entity both funds and administers the plan there is a rebuttable presumption that a palpable conflict of interest exists D. holding that a structural conflict of interest exists when an insurer acts as both the plan administrator and the funding source E. holding that it is wrong to assume a financial conflict of interest from the fact that the plan administrator is also the insurer

assistant: The best answer is A. holding that when the insurer is also the plan administrator we have recognized something akin to a rebuttable presumption of a palpable conflict of interest
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: (i) The Lenders, the Administrative Agent and the Lead Arrangers shall have received all fees required to be paid, and all expenses for which invoices have been presented (including the reasonable fees and expenses of legal counsel), on or before the third Business Day prior to the Amendment No. 2 Effective Date pursuant to fee letters in effect on such date. All such amounts will be paid with proceeds of Loans made on the Amendment No. 2 Effective Date and will be reflected in the funding instructions given by the Borrower to the Administrative Agent on or before the Amendment No. 2 Effective Date and (ii) the Administrative Agent shall have received payment of all accrued interest and fees in respect of the Loans (as defined in the Existing Credit Agreement) and the Revolving Commitments (as defined in the Existing Credit Agreement).

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 case excerpt and choose the best holding from the options. Case excerpt: not cite any reasons why having two hearings convened before the hearing at which the IDC addressed his case deprived him of due process. The hearing was held within eight days of the date the incident was reported. The prison regulations provide for a minimum waiting period of one day between notice and the IDC hearing and state that staff may suspend disciplinary proceedings for up to two weeks while informal resolution is attempted. Therefore, the regulations did not create a reasonable expectation in having a hearing within less than eight days. Even if the regulations stated that a prisoner was entitled to a hearing within less than eight days, the IDC’s failure to meet that guideline would not alone constitute a denial of due process. See Hewitt, 459 U.S. at 477, 103 S.Ct. at 874 (<HOLDING>); Carter v. Fairman, 675 F.Supp. 449, 451 Options: A. holding that issuance of an order to show cause satisfied this requirement B. holding that committing prisoner to administrative segregation for five days was adverse C. holding that due process requires that a hearing be held within a reasonable time after confinement to administrative segregation and finding that five days plainly satisfied this requirement D. holding that due process requires a hearing appropriate to the nature of the case E. holding that charges for work done less than five months before an idea due process hearing were reasonable

assistant: The best answer is C. holding that due process requires that a hearing be held within a reasonable time after confinement to administrative segregation and finding that five days plainly satisfied this requirement
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 sentence “to show an appropriate measured consequence for the extraordinary breaches of trust,” and to protect others from the risk the Defendant posed. The sentence length was not substantively unreasonable. In light of the Defendant’s criminal history—involving the commission of several similar crimes against similar victims—the revocations of supervision in his 1999 case, and the two revocations in the current case, there is support in the record for the district court’s conclusion that the Defendant represented a danger to his community, and that his repeated violations of supervised release warranted imposition of a more substantial term. These rationales support an upward departure from the Guidelines range. See United States v. Musa, 220 F.3d 1096, 1101 (9th Cir. 2000) (<HOLDING>); United States v. Leonard, 483 F.3d 635, 637 Options: A. holding that a sentencing court did not abuse its discretion in departing from the guidelines range when the record supported the courts conclusion that the defendant was a danger to the community because he had been convicted of a crime that involved a threat against another person B. holding that district courts decision to exceed the advisory sentencing range in chapter 7 of the sentencing guidelines ussg 7b14 is reviewed for an abuse of discretion C. holding that despite the advisory nature of the sentencing guidelines they remain the starting point and the initial benchmark of a district courts sentencing analysis the district court should begin all sentencing proceedings by correctly calculating the applicable guidelines range and keep that range in mind throughout the sentencing process and that failing to calculate or improperly calculating the guidelines range or failing to adequately explain the chosen sentenceemdashincluding an explanation for any deviation from the guidelines range constitutes significant procedural error D. holding that restitution is not a proper ground for departing downward from the guidelines range E. holding the trial court did not abuse its discretion although the defendant had been admonished incorrectly on the punishment range

assistant: The best answer is A. holding that a sentencing court did not abuse its discretion in departing from the guidelines range when the record supported the courts conclusion that the defendant was a danger to the community because he had been convicted of a crime that involved a threat against another person
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in his action alleging retaliation in violation of Title VII, the Americans with Disabilities Act (“ADA”), the Rehabilitation Act (“RA”) and the Washington Law Against Discrimination (“WLAD”). We have jurisdiction under 28 U.S.C. § 1291. We review for clear error the district court’s factual findings as to retaliatory intent, Jauregui v. City of Glendale, 852 F.2d 1128, 1131 (9th Cir.1988), and for abuse of discretion its evi-dentiary rulings, Janes v. Wal-Mart Stores, Inc., 279 F.3d 883, 886 (9th Cir.2002). We affirm. The district court did not clearly err by finding that Zahn failed to prove that the instruction that he not return to work was motivated by any protected status under Title VII, the ADA, the RA or the WLAD. See Lam v. Univ. of Haw., 40 F.3d 1551, 1565-66 (9th Cir.1994) (<HOLDING>); Snead v. Metro. Prop. & Cas. Ins. Co., 237 Options: A. holding that when court applies the clearly erroneous standard court may not reverse boards finding of fact if after court reviews the record in its entirety the finding is supported by a plausible basis B. holding that the district courts finding of no discrimination under title vii was not clearly erroneous because the finding was supported by the record C. holding that the record supported the district courts award of damages D. holding bankruptcy courts finding of proximate causation not to be clearly erroneous E. holding that if a reasonable fact finder could make a particular finding on the administrative record then the finding is supported by substantial evidence

assistant: The best answer is B. holding that the district courts finding of no discrimination under title vii was not clearly erroneous because the finding was supported by the record
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: opinion, UMMC is entitled to summary judgment on this claim because plaintiffs have failed to come forward with proof to demonstrate that defendant’s articulated legitimate nondiscriminatory reason is pretext for gender discrimination. Clearly plaintiffs can satisfy the first two elements of their prima facie case: they are female and, having been employed by UMMC as cytotechnologists for a number of years during which they received favorable evaluations, obviously were qualified for their positions. Moreover, contrary to UMMC’s urging, plaintiffs have alleged and offered proof that they suffered an adverse employment action, namely, a denial of the opportunity for overtime and accompanying compensation. See Johnson v. Manpower Prof'l Servs., Inc., 442 Fed.Appx. 977, 982 (5th Cir.2011) (<HOLDING>); Shannon v. BellSouth Telecomms., Inc., 292 Options: A. holding that denial of a bonus was not an adverse employment action B. holding that denial of the opportunity to work overtime is an adverse employment action sufficient to make out a prima facie case under title vii C. holding that suspension with pay was not adverse employment action D. holding that denial of overtime pay is an adverse employment action because it relates to compensation E. holding that improper assignment of overtime opportunities and pay constitutes adverse employment action for purposes of 1983

assistant: The best answer is D. holding that denial of overtime pay is an adverse employment action because it relates to compensation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: depositions of various Insurance Department employees. The Court, at the outset, rejects any objection, assertion or contention by Counsel for Mazzella that he has been precluded from full participation during the hearings or during pre-hearing proceedings, particularly when the extent of the participation afforded to Mazzella was not mandated by the Act. / (A) As for the merits, this Court has held repeatedly that the Liquidator has broad discretion to fix the rights and liabilities of claims as of a date certain and that the Court must defer to the Liquidator’s authority and discretion in the administration of liquidation and rehabilitation proceedings unless there has been an abuse of that discretion. See, e.g., Foster v. Monsow Medical Foundation, 667 A.2d 18, 21 (Pa.Cmwlth.1995) (<HOLDING>); see also Koken v. Fidelity Mutual Life Ins. Options: A. holding that the recognition power is not limited to a determination of the government to be recognized but rather includes the power to take actions without which the power of recognition might be thwarted B. holding that the statutory liquidators power to recoup assets of liquidated insurer should not be encumbered by the courts examination of correctness of liquidators actions during liquidation C. recognizing the supervisory power of appellate courts D. holding that unless that power is restricted by the principal an agent under a california statutory healthcare power of attorney has the power to execute applicable admission forms including arbitration agreements E. recognizing inherent power of courts of appeals

assistant: The best answer is B. holding that the statutory liquidators power to recoup assets of liquidated insurer should not be encumbered by the courts examination of correctness of liquidators actions during liquidation
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 breadth of § 541 to hold that causes of action which accrued prior to the filing of the bankruptcy petition are included in the bankruptcy estate). Upon the filing of a Chapter 7 petition, an interim Trustee is appointed to administer, inter alia, the property of the estate. See 11 U.S.C. § 701. The Trustee is the sole representative of the estate. See 11 U.S.C. § 323(a). As such, the Trustee has the exclusive right to prosecute causes of action that are property of the bankruptcy estate. See 11 U.S.C. § 323(b); see also Jones v. Harrell, 858 F.2d 667, 669 (11th Cir.1988) (concluding that a “trustee succeeds to all causes of action held by a debtor at the time the bankruptcy petition is filed”); In re Labrum & Doak, No. CIV.A. 99-753, 1999 WL 667284, at *1 (E.D.Pa. Aug. 26, 1999) (<HOLDING>) (quoting 11 U.S.C. § 323(b)). Thus, after a Options: A. holding that a state officer sued in his individual capacity may be held personally liable for damages under 42 usc 1983 based upon actions taken in his official capacity B. holding that the trustee alone has the capacity to sue and be sued C. holding that bank could not bring counterclaim in its capacity as trustee D. holding that delaware law controlled delaware corporations capacity to sue or be sued E. holding that the words sue and be sued when used in a statute do not by themselves waive immunity

assistant: The best answer is B. holding that the trustee alone has the capacity to sue and be sued
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: was decided. The Plaintiffs contend that this court is bound by the holding of Smith v. Vowell because it was affirmed by the former Fifth Circuit Court of Appeals, the decisions of which are binding on this court. Plaintiffs are correct. This trial court is not free to disregard that case’s holdings. Even though Smith v. Vowell does not address some of the jurisdictional issues raised by the present case, it is still binding precedent. To the extent that Smith v. Vo-well addresses issues in the present case, this court must follow it. It was affirmed by the Fifth Circuit, and the opinions of the Fifth Circuit from that time period are binding on this court. See, Harris v. Menendez, 817 F.2d 737, 739 & n. 4 (11th Cir.1987) Harris v. Menendez, 817 F.2d 737, 739 & n. 4 (11th Cir.1987) (<HOLDING>). D. Other Issues Defendants offer two other Options: A. holding a summary affirmance of district court to be binding under bonner B. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed C. recognizing an appellee may assert additional independent grounds for affirmance of the judgment even if it does not file a notice of appeal as long as such grounds were raised in appellees motion for summary judgment D. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed E. holding that arguments not presented to the district court in response to a motion for summary judgment are waived

assistant: The best answer is A. holding a summary affirmance of district court to be binding under bonner
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: evidence of damages. Thus we remand the case to the trial court for additional testimony limited to the damages, if any, caused by the changes in the project as envisioned by the August 18 1993 plan and as referenced in the deed from Brenco to SCDOT, and the final project as built. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. BEATTY and SHORT, JJ., concur. 1 . Breneo contends the trial court erred in finding the parol evidence rule barred its representative’s testimony regarding their belief sur rounding the access of the property to Highway 501. We agree, but even considering the testimony, we find Brenco failed to prove the deed should be rescinded due to unilateral or mutual mistake. See S. Realty & Constr. Co. v. Bryan, 290 S.C. 302, 309, 350 S.E.2d 194, 198 (Ct.App.1986) (<HOLDING>). 2 . In addition to increasing the grade of Options: A. holding that parol evidence is admissible to resolve a contractual term that is ambiguous B. holding parol evidence is admissible to show mistake C. holding that parol evidence is admissible to establish a condition precedent to the existence of a contract D. holding that parol evidence is admissible to show that an individual who signed a contract but is not named in the body is a party to the contract E. holding that parol evidence is admissible to determine intent of parties

assistant: The best answer is B. holding parol evidence is admissible to show mistake
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: your correspondence or business dealings with , or participation in promotions of , advertisers found on or through the yahoo services , including payment and delivery of related goods or services , and any other terms , conditions , warranties or representations associated with such dealings , are solely between you and such advertiser .

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: Simply put, a causal connection between the Mr. Black’s DDOT disciplinary proceedings and his whistleblowing complaint is temporally impossible because Mr. Black did not make a formal whistleblow-ing complaint until months after his DDOT disciplinary proceedings started. Thus, Mr. Black has failed to state a plausible retaliation claim under the Whistleblower Protection Act. V. Conclusion For the foregoing reasons, the District’s Motion to Dismiss is GRANTED. An appropriate Order accompanies this Memorandum Opinion. 1 . Mr. Black concedes that his defamation claim fails because he did not comply with D.C. Code § 12-309 prior to filing this lawsuit. Pl.’s Mem. Opp. Def.’s Mot. Dismiss ("Pl.’s Mem. Opp."), Docket No. 15 at 20. See, e.g. Clark v. Flach, 604 F.Supp.2d 1, 7 (D.D.C.2009) (<HOLDING>). 2 . On February 12, 2013, Mr. Black filed a Options: A. holding that a defendant is in custody and miranda applies even when the purpose of defendants detention is unrelated to the purpose of the interrogation B. holding that the purpose of 12309 is to allow the district to conduct a prompt investigation of the injured persons claim C. holding that police officers have a duty to conduct an investigation into the basis of the witness report D. holding that after a reasonable investigation an insurer must promptly settle a claim for the value or within the range assigned to the claim as a result of its investigation E. holding that the irs has a law enforcement purpose in the context of a criminal tax investigation

assistant: The best answer is B. holding that the purpose of 12309 is to allow the district to conduct a prompt investigation of the injured persons claim