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: during the course of the carjackings and who was harmed by the carjacking itself, it is incontrovertible that the victims of the offenses were the same. Section 3D1.1 mandates that “[w]hen a defendant has been convicted of more than one count, the court shall: (1) [g]roup the counts resulting in conviction into distinct Groups of Closely Related Counts.... ” U.S.S.G. § 3D1.1(a)(1) (emphasis added). Section 3D 1.2 further provides that “counts involving substantially the same harm shall be grouped.” Use of the word “shall” in the statute indicates that Congress intended grouping to be mandatory if the appropriate requirements are met. See Matter of DP Partners Ltd. Parternship, 106 F.3d 667, 670-71 (5th Cir.1997); see also Manatee County, Fla. v. Train, 583 F.2d 179 (5th Cir.1978) (<HOLDING>). Because the firearm conspiracy count and the Options: A. holding that shall generally indicates a mandatory intent unless a convincing argument to the contrary is made B. holding that a states use of the word shall is mandatory language C. holding use of word may generally indicates permissive rather than mandatory intent D. holding that generally or is a disjunctive that indicates congress intended exclusive alternatives unless the context or congressional intent intends otherwise E. holding change of word shall to may prior to bills passage indicates legislative intent to make purchases upon bids permissive rather than mandatory

assistant: The best answer is A. holding that shall generally indicates a mandatory intent unless a convincing argument to the contrary is made
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: 919, 923, 891 P.2d 712 (1995). ANALYSIS I. The Public Policy Exception to the Enforcement of Arbitration Awards A. Whether To Adopt the Public Policy Exception ¶7 This court will review an arbitration decision only in very limited circumstances, such as when an arbitrator has exceeded his or her legal authority. Clark County Pub. Util. Dist. No. 1 v. Int’l Bhd. of Elec. Workers, Local 125, 150 Wn.2d 237, 245, 76 P.3d 248 (2003). Reviewing an arbitration decision for mistakes of law or fact would call into question the finality of arbitration decisions and undermine alternative dispute resolution. Id. at 246. Further, a more extensive review of arbitration decisions would weaken the value of bargained for, binding arbitration and could damage the freedom of contract. See id. at 247 (<HOLDING>). ¶8 Nonetheless, federal courts and many other Options: A. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added B. recognizing parties right by contact or agreement to submit or to agree to submit controversies to arbitration C. holding plaintiffs had waived their right to arbitrate where they had consistently resisted arbitration and only when an unfavorable judgment was entered against them at trial did they seek to compel arbitration D. holding that when parties voluntarily submit to binding arbitration they generally believe that they are trading their right to appeal an arbitration award for a relatively speedy and inexpensive resolution to their dispute E. holding that arbitration award is binding on the parties

assistant: The best answer is D. holding that when parties voluntarily submit to binding arbitration they generally believe that they are trading their right to appeal an arbitration award for a relatively speedy and inexpensive resolution to their dispute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If an Issuing Bank shall make any LC Disbursement, then, unless Borrower shall reimburse such LC Disbursement in full on the date such LC Disbursement is made, the unpaid amount thereof shall bear interest, for each day from and including the date such LC Disbursement is made to but excluding the date that Borrower reimburses such LC Disbursement, for LC Disbursements not denominated in US Dollars, at a rate of interest per annum equal to the Applicable LIBO Rate for overnight funds plus the LIBOR Margin and, for LC Disbursements denominated in US Dollars, at the rate of interest per annum then applicable to ABR Loans; provided that, if Borrower fails to reimburse such LC Disbursement by the date that is three (3) Business Days following the date such reimbursement is due pursuant to Section 2.4(e) , then Section 2.12(c) shall apply. Interest accrued pursuant to this paragraph shall be for the account of the applicable Issuing Bank, except that interest accrued on and after the date of payment by any Lender pursuant to Section 2.4(e) to reimburse such Issuing Bank shall be for the account of such Lender to the extent of such payment.

assistant: Interests
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 following Sections of this Agreement shall survive any expiration or termination of this Agreement for any reason: Section 1 (to the extent necessary to give effect to the Sections enumerated in this Section 9.12), Section 6, Section 7, Section 8, Section 9.9, Section 9.11, Section 9.12, Section 10, Section 11, Section 13, Section 14, and Section 15.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: B’s definition of “applicant” excluded guarantors. Douglas County Nat’l Bank v. Pfeiff, 809 P.2d 1100, 1102 (Colo.Ct.App.1991); Kevin A. Palmer & Michael H. Malin, Jr., ECOA, Regulation B, and the Spousal Guaranty: Recent Developments, 115 Banking L.J. 357, 359 (1998). The primary purpose of the 1986 amendment was “ ‘to give guarantors and similar parties standing to seek legal remedies when a violation occurs under § 202.7(d).’ ” Pfeiff, 809 P.2d at 1103 (quoting Final Rule Revising Regulation B, 50 Fed. Reg. 48,018, 48,020 (Nov. 20, 1985) (Official Staff Commentary)); see also Joel D. Stafford, Consumer Protection: The Equal Credit Opportunity Act: Guarantors as Applicants' — :Did the Cost of a Violation Go Up?, 40 Okla. L.Rev. 431, 442-43 (1987) [hereinafter “Stafford Article ”] (<HOLDING>). Consequently, for purposes of § 202.7(d), a Options: A. recognizing the amendment provides regulatory standing to a guarantor to sue for violations of regulation bs cosignature rules B. holding that plaintiffs lacked standing to sue C. holding that employers have standing to sue D. recognizing right of guarantor to contribution against coguarantors E. holding the same with respect to violations of the fifth amendment

assistant: The best answer is A. recognizing the amendment provides regulatory standing to a guarantor to sue for violations of regulation bs cosignature rules
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: Landlord and Tenant represent and warrant that no broker or agent negotiated or was instrumental in negotiating or consummating this Lease. Neither party knows of any other real estate broker or agent who is or might be entitled to a commission or compensation in connection with this Lease. Tenant and Landlord will indemnify and hold each other harmless from all damages paid or incurred by the other resulting from any claims asserted against either party by brokers or agents claiming through the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Term Loan Representative, on behalf of itself and the other Term Loan Secured Parties, agrees that each of them shall take such actions as the ABL Representative shall request in connection with the exercise by the ABL Secured Parties of their rights set forth herein in respect of the ABL Facility Priority Collateral. The ABL Representative, on behalf of itself and the other ABL Secured Parties, agrees that each of them shall take such actions as the Term Loan Representative shall request in connection with the exercise by the Term Loan Secured Parties of their rights set forth herein in respect of the Term Loan Priority Collateral.

assistant: Cooperation
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 Executive is eligible to receive the Retention Payment, the Company shall pay the Retention Payment (or the prorated Retention Payment for a Retirement Termination) to Executive in one lump sum cash payment (net of applicable withholdings and deductions) on the earlier of (i) the first regularly scheduled pay date after the date of the Executive’s termination by reason of the Executive’s Termination without Cause, Death or Disability Termination or Retirement Termination (as the case may be), or (ii) the first regularly scheduled pay date after April 1, 2020 if Executive remains employed with the Company through April 1, 2020.

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: 16(b)(2) would not preclude its discovery, for we understand this provision only to state the limits of discovery under the authority of Rule 16, not the limits of the court’s potential discovery powers. See Middleton v. United States, 401 A.2d 109, 116-20 (D.C.1979) (noting that while "any venture beyond the[ ] limited principles [of the Jencks Act and Rule 16 discovery] must be subjected to close scrutiny,” more extensive disclosure may be sustained ”[i]n proper circumstances” under the court’s “‘inherent powers' over the discovery process"). Furthermore, to the extent that our ruling here authorizes discovery during trial, Rule 16 is irrelevant, for it applies only to pretrial discovery. See United States v. Nobles, 422 U.S. 225, 234-35, 95 S.Ct. 2160, 2168-69, 45 L.Ed.2d 141 (1975) (<HOLDING>); Waldron v. United States, 370 A.2d 1372, 1373 Options: A. holding a defendant is liable as a control person if the defendant had the power to control the general affairs of the entity primarily liable at the time the entity violated the securities laws but declining to decide whether power to control means simply abstract power to control or actual exercise of the power to control internal quotations omitted B. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law C. recognizing trial courts decision on discovery issues implies a finding that requested discovery was not reasonably available D. holding that fedrcrimp 16 does not control courts discovery power once trial has begun E. recognizing that court has inherent power to control the judicial business before it

assistant: The best answer is D. holding that fedrcrimp 16 does not control courts discovery power once trial has begun
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall perform and discharge well and faithfully such management and administrative duties as an executive officer of Penns Woods and CFG as may be assigned to him from time to time by the Board of Directors of Penns Woods or CFG, as applicable, and which are consistent with his positions set forth in the following sentence. Executive shall be employed as President of Penns Woods and as President of CFG. Executive shall report directly to the Chief Executive Officer of Penns Woods. Executive shall devote his full time, attention and energies to the business of Penns Woods and its affiliated companies during the Employment Period (as defined in Section 3); provided, however, that this section shall not be construed as preventing Executive from (a) investing his personal assets in enterprises that do not compete with Penns Woods or any of its majority-owned subsidiaries (except as an investor owning less than 5% of the stock of a publicly-owned company), or (b) being involved in any civic, community or other activities with the prior approval of the Board of Directors of Penns Woods.

assistant: Titles
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 law, Landlord and Tenant hereby waive their respective rights to trial by jury of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing brought by either Landlord against Tenant, or Tenant against Landlord on any matter whatsoever arising out of, or in any connected with, this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises, or any claim of injury or damage, or the enforcement of any remedy under any law, statute or regulation, emergency or otherwise now or hereinafter in effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: YOU AND WE CONSENT, AND IRREVOCABLY SUBMIT TO, THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS OF COMPETENT JURISDICTION FOR HILLSBOROUGH COUNTY, FLORIDA, AND WAIVE ANY OBJECTION TO THE JURISDICTION AND VENUE OF SUCH COURTS. THE EXCLUSIVE CHOICE OF JURISDICTION DOES NOT PRECLUDE THE BRINGING OF ANY ACTION BY THE PARTIES FOR THE ENFORCEMENT OF ANY JUDGMENT OBTAINED IN ANY SUCH JURISDICTION, IN ANY OTHER APPROPRIATE JURISDICTION OR THE RIGHT OF THE PARTIES TO CONFIRM OR ENFORCE ANY ARBITRATION AWARD IN ANY APPROPRIATE JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, whenever in this Agreement any of the parties hereto is referred to, such reference shall be deemed to include the successors and permitted assigns of such party, provided that Borrower may not assign its obligations hereunder except as may be provided in, and in accordance with, the Loan Agreement. All covenants and promises and agreements in this Agreement contained, by or on behalf of Borrower, shall inure to the benefit of Lender and its successors and assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that licensing regulation does not reflect any congressional intent to completely regulate Miller Act sureties. If anything, the cited regulation indicates an administrative desire to utilize, rather than preempt, state regulation of sureties. The operation of the Miller Act and various authorities support the conclusion that the Miller Act does not totally occupy the field. For example, a Miller Act suit on the surety bond is not a subcontractor’s exclusive remedy. See, United States For and on Behalf of Sunworks, etc. v. Insurance Company of North America, 695 F.2d 455 (10th Cir.1982) (allowing subcontractor to sue bonded general contractor for quantum meruit recovery); United States ex rel. Mobile Premix Concrete, Inc. v. Santa Fe Engineers, Inc., 515 F.Supp. 512 (D.Colo.1981) (<HOLDING>). Federal courts have also found it necessary Options: A. holding that a subcontractor could not recover on theory of quantum meruit for an implied contract against general contractor where condition precedent to payment under express contract was not satisfied B. holding that subcontractor was not obligated to indemnify general contractor for general contractors own negligence where indemnification clause did not expressly state that subcontractor would indemnify general contractor for such negligence C. holding that subcontractor can recover in quasicontract from contractor for work not encompassed in the agreement between the two D. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor E. holding that subcontractor could recover damages from general contractor for delay in performance under state law

assistant: The best answer is E. holding that subcontractor could recover damages from general contractor for delay in performance under state law
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 will not request any Borrowing or Letter of Credit and the Borrower shall not use, and shall ensure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (a) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (b) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, to the extent such activities, businesses or transaction would be prohibited by Sanctions if conducted by a corporation incorporated in the United States or any European Union Member State, or (c) in any manner that would directly result in the violation by Borrower or any of its Subsidiaries of any Sanctions or Anti-Money Laundering Laws applicable thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: but limited to being “taken out of the expedited removal system and given a regular immigration judge hearing.” The requested relief, however, even if ultimately temporary, is an order from this Court halting removal under the pending removal order. She is thus seeking “any relief from removal.” For all the foregoing reasons, this Court concludes the plain language of Section 1252 strips this Court of jurisdiction to consider Petitioner’s claims. Cf. Smith v. U.S. Customs and Border Protection, 741 F.3d 1016, 1021-22 & n. 4 (9th Cir.2014) (limiting review to whether petitioner had been “ordered removed” under section 1225 and refusing to evaluate merits of Border Patrol’s decision to classify petitioner as an intending immigrant); Shunaula v. Holder, 732 F.3d 143, 146-47 (2d Cir.2013) (<HOLDING>); Garcia de Rincon v. DHS, 539 F.3d 1133, Options: A. holding that court did not have jurisdiction under 8 usc 1252a2a to hear aliens collateral attack on his order of expedited removal where he alleged illegality in attorney generals particular decision to remove him and in specific way his removal was carried out B. holding that court of appeals lacked jurisdiction to review aliens habeas claims seeking review of expedited removal order including whether expedited removal statute was lawfully applied to alien and whether expedited removal procedures violated his right to due process because language of section 1252e5 clearly precludes review in habeas proceedings of whether alien is actually inadmissible or entitled to any relief from removal C. holding that under 1252a2a court lacks jurisdiction to inquire whether the expedited removal procedure to which the khans were subjected was properly invoked D. holding that 1252a2a presents jurisdictional bar to collateral attack on expedited removal order E. holding that 1252a2a barred review of petitioners claims including asapplied due process challenges to expedited removal order

assistant: The best answer is A. holding that court did not have jurisdiction under 8 usc 1252a2a to hear aliens collateral attack on his order of expedited removal where he alleged illegality in attorney generals particular decision to remove him and in specific way his removal was carried out
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: AWS shall defend, indemnify and hold Company and its authorized representatives (including the Authorized Dealers), and its respective directors, officers, stockholders, employees and agents, harmless against all claims, suits, proceedings, costs, damages, losses and expenses (including reasonable attorneys’ fees) and judgments incurred, claimed or sustained by Company or such persons arising out of: (i) claims by third parties that Company’s use of the AWS Licensed Marks in accordance with this Agreement constitutes trademark, service mark or trade dress infringement (or infringement of any other intellectual property or other proprietary right owned by a third party), dilution, unfair competition, misappropriation or false/misleading advertising; (ii) any third party claims as to the lack of validity or enforceability of (A) the registrations of the AWS Licensed Marks or (B) AWS’ ownership rights in the AWS Licensed Marks; and (iii) any lack of validity or enforceability of this Agreement caused by AWS. Subject to AWS’ indemnification obligations in the previous sentence, Company shall defend, indemnify and hold AWS, its Affiliates and authorized representatives, and their respective directors, officers, stockholders, employees and agents, harmless against all claims, suits, proceedings, costs, damages and judgments incurred, claimed or sustained by third parties, whether for personal injury or otherwise, arising out of Company’s or any Authorized Dealer’s marketing, sale, or use of services under the AWS Licensed Marks and shall indemnify AWS and the foregoing persons for all damages, losses, costs and expenses (including reasonable attorneys’ fees) arising out of such use, sale or marketing and also for any improper or unauthorized use of the AWS Licensed Marks. Company shall also defend, indemnify and hold AWS, its Affiliates and authorized representatives, and their respective directors, officers, stockholders, employees and agents, harmless against all claims, suits, proceedings, costs, damages, losses and expenses (including reasonable attorneys’ fees) and judgments incurred, claimed or sustained by AWS, and such persons arising out of any lack of validity or enforceability of this Agreement caused by Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower has the requisite corporate power and authority to execute and deliver this Amendment and to perform its obligations hereunder and under the Loan Documents (as amended or modified hereby) to which it is a party. The execution, delivery, and performance by each Borrower of this Amendment have been duly approved by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene (i) any law or (ii) any contractual restriction binding on such Borrower, except for contraventions of contractual restrictions which would not, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

assistant: Authority
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 proceeds of the Loans made on the Closing Date shall be used to consummate the Transactions. The proceeds of the Incremental Loans shall be used for working capital, capital expenditures and other general corporate purposes of the Group Members not in contravention of any Loan Document. The proceeds of the Other Loans shall be used as provided in Section 2.20 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Part I to Schedule 4.12, 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. Except as set forth on Part II to Schedule 4.12 , the present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of FASB ASC 715) did not, as of the date of the most recent actuarial valuations conducted prior to the Closing Date reflecting such amounts, exceed the fair market value of the assets of such Plan.

assistant: Erisa
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: Rushing would have provided Rushing a profit based on the difference in interest rates. 3 . In addition, Rushing brought causes of action against Pentaura for rent due to Rushing-Marlow Properties, Inc. and Shasta Property, L.L.C., and for collection on the promissory notes of Pentaura payable to Rushing. The court found Rushing could proceed on the action for rent. The current appeal does not concern the rent cause of action. 4 . The trial court found Rushing had unclean hands because even if the alleged oral agreement existed, it would have meant that Rushing essentially sold either stock or interest in Pentaura's debt without making full disclosures. Thus, the court found, Rushing's actions violated the securities laws in effect at the time. See S.C.Code Ann. § 35-1-1210 (Supp.2004) (<HOLDING>). Rushing also raises this issue on appeal. Options: A. holding that slusa preempts claims which allege a material misrepresentation or omission in connection with the purchase or sale of securities whether or not that allegation is an element of or otherwise necessary to the putative state claim B. holding breach of best execution duty is a material misrepresentation in connection with the purchase or sale of the securities C. holding that it is unlawful for a person to omit material facts in connection with the offer or sale of a security D. holding that slusas in connection with prong extends to misrepresentations that are material to the purchase or sale of a covered security E. holding that a plaintiff alleging securities fraud must show that a defendant 1 made a material misrepresentation or a material omission as to which he or she had a duty to speak 2 with scienter 3 in connection with the purchase or sale of securities

assistant: The best answer is C. holding that it is unlawful for a person to omit material facts in connection with the offer or sale of a security
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required to be given or delivered to the Company under the terms of this Agreement shall be in writing and addressed to the Company at its principal corporate offices. Any notice required to be given or delivered to Participant shall be in writing and addressed to Participant at the most current address then indicated for Participant on the Company’s employee records or shall be delivered electronically to Participant through the Company’s electronic mail system or through an on-line brokerage firm authorized by the Company to effect sales of the Common Stock issued hereunder. All notices shall be deemed effective upon personal delivery or delivery through the Company’s electronic mail system or upon deposit in the U.S. mail, postage prepaid and properly addressed to the party to be notified.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: failed to show that disposition of the controversy would have “broad or significant implications in the administration or interpretation of the customs laws” within the congressional intent of section 255. In the present action, plaintiff has not demonstrated that its claim falls within the class of actions intended by Congress under section 255. Allegations of unconstitutionality, in and of themselves, are insufficient to bring an action within the confines of the section 255 exception to the single-judge trial standard. Indeed, in the past, cases raising questions of the constitutionality of an Act of Congress also have been resolved exclusively by a single judge of this court. See, e.g., Erie Navigation Co. v. United States, 83 Cust. Ct. 47, C.D. 4820, 475 F. Supp. 160 (1979) (<HOLDING>). Although it is possible to envision an action Options: A. holding that interest received by a foreign corporation on a tax refund from the united states was interest on an interestbearing obligation of a resident of the united states within income tax statute B. holding statute assessing duties on costs of foreign repairs done to united states vessels to be constitutional C. holding that united states admiralty jurisdiction extended not only to the high seas but also to american vessels in foreign waters D. holding inter alia that a united states court retains jurisdiction over persons arrested on a foreign ship beyond the us navigable waters when said arrest violates a treaty to which the united states and the foreign country are parties E. recognizing federal constitutional claim against the united states

assistant: The best answer is B. holding statute assessing duties on costs of foreign repairs done to united states vessels to be constitutional
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: Subject to Section 8, the Award shall vest and become nonforfeitable with respect to one-third of the total number of the Stock Units on each of the first, second and third anniversaries of the Award Date. Notwithstanding the foregoing, no portion of the Award will vest unless the Corporation’s Normalized FFO Per Share, as defined in the Corporation’s [____] Cash Incentive Plan, with respect to the [____] calendar year equals or exceeds $[____].

assistant: Vesting
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: we need not reach Ote-ro’s claims under Shepard because we will reverse on his ineffective assistance of counsel claim, grant the writ, and remand the cause for re-sentencing. We do not reach constitutional issues unnecessarily. See Santana Products, Inc. v. Bobrick Washroom Equipment, Inc., 401 F.3d 123, 130-31 (3d Cir.2005) (citing Spicer v. Hilton, 618 F.2d 232, 239 (3d Cir.1980)). 2 . Otero also contests whether an 8-level enhancement for a prior aggravated felony under U.S.S.G. § 2L1.2(b)(1)(C) would be appropriate in this case. If the basis of that enhancement was his prior conviction for simple assault, he is correct. See U.S.S.G. § 2L1.2(b)(1)(C) app. note 2 (defining “aggravated felony” by reference to 8 U.S.C. § 1101(a)(43)); Popal v. Gonzales, 416 F.3d 249 (3d Cir.2005) (<HOLDING>). This, however, also calls into question the Options: A. holding that a second state court conviction for simple possession of narcotics is an aggravated felony as defined in 8 usc 1101a43 B. holding that a conviction for simple assault under pennsylvania law does not qualify under 18 usc 16b by way of 11 usc 1101a43 as an aggravated felony C. holding that kidnaping by deception under ohio law is a violent felony as a matter of law under 18 usc 924e2bii D. holding that conduct designated as a felony under state law but as only a misdemeanor under the controlled substances act does not qualify as an aggravated felony E. holding that sexual assault of a child qualified as crime of violence under 18 usc 16

assistant: The best answer is B. holding that a conviction for simple assault under pennsylvania law does not qualify under 18 usc 16b by way of 11 usc 1101a43 as an aggravated felony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 1241 (citing 28 U.S.C. §§ 516, 519, which vest the Attorney General, acting through the officers of the Justice Department, with plenary authority to settle litigation in which federal agencies are a party). Settlement is to be encouraged. See United States v. McInnes, 556 F.2d 436, 441 (9th Cir.1977) (“We are committed to the rule that the law favors and encourages compromise settlements.”). Indeed, if the Longliners’ position is carried to its logical conclusion, then any attempt by federal agencies to settle litigation involving a regulation would entail a return to the same rulemaking process by which the regulation was created — a proposition that contradicts the Supreme Court’s policy determination in another context. See Local No. 93, 478 U.S. at 524 n. 13, 106 S.Ct. 3063 (<HOLDING>). The fact that the Federal Agencies complied Options: A. recognizing that a limit on the governments ability to enter a consent decree would make it substantially more difficult to settle title vii litigation B. holding that arbitration agreement that did not provide for award of attorney fees to successful title vii claimant was unenforceable because the right to attorneys fees is central to the ability of persons to seek redress from violations of title vii C. holding that nonparties to a consent decree resolving a title vii case may fully challenge beyond the narrow grounds normally available for such a collateral attack employment decisions taken pursuant to it D. holding claims based on title vii subject to arbitration E. holding that absent a factual basis rendering it invalid an oral agreement to settle a title vii claim is enforceable against a plaintiff

assistant: The best answer is A. recognizing that a limit on the governments ability to enter a consent decree would make it substantially more difficult to settle title vii litigation
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: birth. Tex.Fam.Codb Ann. § 13.42 (Vernon Supp.1990). During oral argument, counsel asserted for the first time that failure to interpret section 13.42 of the Texas Family Code as allowing for child support retroactive to the birth of Mallory creates a constitutional issue because of the specter of allowing child support back to the date of birth when a child’s parents were married at the time of the child’s birth, but not allowing child support retroactive to the date of birth when the child’s parents were not married at the time of the child’s birth. As the concurring opinion rightfully notes, no constitutional question was raised in the trial court, and it is not presented to us by a point of error. See Prudential Ins. Co. of Am. v. J.R. Franclen, Inc., 710 S.W.2d 568, 569 (Tex.1986) (<HOLDING>). We also recognize that this argument was not Options: A. holding that a ruling of the trial court to which no error has been assigned becomes the law of the case and is not subject to review by the court of appeals B. holding that absent rare fundamental error appellate court should refrain from deciding cases on legal errors not assigned by parties C. holding that an appellate court may not review errors that have not been assigned by a party or a point of error D. holding errors which are argued but not assigned will not be considered by appellate court E. holding an appellate court cannot reverse a trial courts judgment absent properly assigned error

assistant: The best answer is C. holding that an appellate court may not review errors that have not been assigned by a party or a point of error
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: 5.5 by creating , uploading , posting , sending , receiving , storing , or otherwise making available any member content on or through the airbnb platform , you grant to airbnb a non-exclusive , worldwide , royalty-free , irrevocable , perpetual ( or for the term of the protection ) , sub-licensable and transferable license to such member content to access , use , store , copy , modify , prepare derivative works of , distribute , publish , transmit , stream , broadcast , and otherwise exploit in any manner such member content to provide and/or promote the airbnb platform , in any media or platform .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: When either Party is bringing or defending an action of the type described in Sections 10.3 (Defense and Settlement of Third Party Claims) or 10.4.1 (In Territory), then upon reasonable request by such a Party, the other Party will reasonably assist in the defense against or enforcement of such action at the requesting Party’s costs, including if required or desirable to bring, maintain or prove damages in such action, furnishing a power of attorney, furnishing documents and information, providing employee witnesses and executing all necessary documents as such Party may reasonably request.

assistant: Cooperation
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 an express trust for another. Begier, 496 U.S. at 59, 110 S.Ct. 2258. Therefore, any action brought by the trustee against Defendants would not bring property into the estate for the benefit of the creditors. Instead, such a suit would recover misappropriated trust property for Cannon’s clients, the beneficiaries of the express trust who lost their money upon the collapse of his schemes. Accordingly, because the trustee asserts causes of action in the non-core proceeding alleging harm to the beneficiaries of the express trust, he lacks standing to maintain this suit against Defendants. See In re Van Dresser Carp., 128 F.3d at 947. We find support for our conclusion in several cases from the Second and Eleventh Circuits. See Hirsch v. Arthur Andersen & Co., 72 F.3d 1085 (2d Cir.1995) (<HOLDING>); Shearson Lehman Hutton, Inc. v. Wagoner, 944 Options: A. holding that the trustee had standing to pursue an action for churning against the debtors broker relating to transactions in a discretionary account but did not have standing to bring a suit for fraud since that cause of action accrued to creditors under new york law B. holding that the public harm requirement applies to fraudulent inducement claims because the fraud claims arise from related contract claims C. holding that a trustee had no standing to pursue claims of fraud against the debtors accountant because under connecticut law those claims belonged to investors D. holding that because 544b1 provides only the power of avoidance it does not confer authority on the trustee to pursue state law damage claims but that the trustee could pursue such claims under 544a1 or 2 if the claims could have been asserted by the debtor corporation E. holding that debtors have no right to jury trial on malpractice claims against their attorneys

assistant: The best answer is C. holding that a trustee had no standing to pursue claims of fraud against the debtors accountant because under connecticut law those claims belonged to investors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Interest shall equal Five Percent (5%) of the Principal Amount per annum based on an Actual/360 day basis (the “ Interest ”) from the date hereof. All accrued Interest shall be due and payable in full upon maturity, conversion or prepayment of this Note, as provided herein, with applicable adjustments for partial conversions or prepayments.

assistant: Interests
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 Partnership was formed by the filing of the Certificate with the Secretary of State of the State of Delaware on July 10, 2017. The rights, powers, duties, obligations and liabilities of the Partners shall be determined pursuant to the Act and this Agreement. To the extent that the rights, powers, duties, obligations and liabilities of any Partner are different by reason of any provision of this Agreement than they would be in the absence of such provision, this Agreement shall, to the extent permitted by the Act, control. The General Partner shall deliver a copy of the Certificate and any amendment thereto to any Partner who so requests.

assistant: Organizations
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: Such Grantor shall (a) maintain or shall cause to be maintained such insurance as is required pursuant to Section 6.07 of the Credit Agreement; (b) maintain such other insurance as may be required by applicable Law; and (c) furnish to the Collateral Agent, upon written request, full information as to the insurance carried. Each Grantor hereby irrevocably makes, constitutes and appoints the Collateral Agent (and all officers, employees or agents designated by the Collateral Agent) as such Grantor’s true and lawful agent (and attorney-in-fact), exercisable only after the occurrence and during the continuance of an Event of Default, subject to the Financing Orders, for the purpose of making, settling and adjusting claims in respect of the Collateral under policies of insurance, endorsing the name of such Grantor on any check, draft, instrument or other item of payment for the proceeds of such policies of insurance and for making all determinations and decisions with respect thereto (subject to the Intercreditor Agreement). In the event that any Grantor at any time or times shall fail to obtain or maintain any of the policies of insurance required hereby or to pay any premium in whole or in part relating thereto, the Collateral Agent may, without waiving or releasing any obligation or liability of the Grantors hereunder or any Default or Event of Default, in its sole discretion, obtain and maintain such policies of insurance and pay such premium and take any other actions with respect thereto as the Collateral Agent deems advisable. All sums disbursed by the Collateral Agent in connection with this SECTION 4.9, including reasonable attorneys’ fees, court costs, reasonable and documented expenses and other charges relating thereto, shall be payable, upon demand, by the Grantors to the Collateral Agent and shall be additional Secured Obligations secured hereby.

assistant: Insurances
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: for an injury that might have been caused by another. Our holding is consistent with analogous caselaw. In State v. Arends, for example, we held that a complete civil settlement of all claims in a suit between parties who are the defendant and victim in a related criminal matter precludes the state from seeking criminal restitution on behalf of that victim. 786 N.W.2d 885, 889-90 (Minn.App.2010), review denied (Minn. Oct. 27, 2010). The Arends holding implicitly recognizes the unity between civil damages and criminal restitution. And in a civil action for damages under circumstances involving a joint attack causing indivisible injuries on a single victim, the law is well settled in favor of joint and several liability. See Mathews v. Mills, 288 Minn. 16, 20, 178 N.W.2d 841, 844 (1970) (<HOLDING>); Wrabek v. Suchomel, 145 Minn. 468, 473, 177 Options: A. holding that multiple civil defendants are jointly and severally liable when their independent consecutive acts of negligence cause indivisible injuries to the plaintiff B. holding that consecutive sentences were warranted because of the multiple separate and distinct criminal acts C. holding that a forest preserve will be liable for injuries only in the case of willful and wanton negligence that proximately causes such injuries D. holding that judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts even when such acts are in excess of their jurisdiction and are alleged to have been done maliciously or corruptly E. holding that multiple sentences for offenses under 18 usc 924c are appropriate when multiple separate acts of firearm use have occurred even if they are related to the same underlying offense

assistant: The best answer is A. holding that multiple civil defendants are jointly and severally liable when their independent consecutive acts of negligence cause indivisible injuries to the plaintiff