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: Applying that rationale, the Court held that the power of the Secretary of HHS to oversee state compliance with Title IV-D of the Social Security Act, and to withhold funds from a noncompliant state, did not amount to the type of carefully crafted scheme that is sufficient to demonstrate Congress’s intent to foreclose the availability of a § 1983 action. The remedies available under the CWA, federal oversight and withholding of funds from noncompliant states, are very similar to the remedies addressed by the Court in Blessing — so similar that we think the Court’s decision practically compels our conclusion. We therefore hold that the Directors are not entitled to . Eleventh Amendment immunity on this ground. See also Joseph A ex rel. Wolfe v. Ingram, 275 F.3d 1253 (10th Cir.2002) (<HOLDING>); cf. Suter, 503 U.S. at 360, 112 S.Ct. 1360 Options: A. recognizing the ex parte young exception is narrow it applies only to prospective relief and does not permit judgments against state officers declaring that they violated federal law in the past B. holding that the medicaid act provision allowing reduction of funds to noncompliant states is not a detailed remedial scheme sufficient to show congresss intent to preempt an action under ex parte young C. holding that the cwa does not include a remedial scheme sufficient to preclude an ex parte young action D. holding that the medicaid act does not provide the type of detailed remedial scheme that would supplant an ex parte young action E. holding that existence of a detailed remedial scheme shows congressional intent to prohibit recourse to the ex parte young fiction

assistant: The best answer is C. holding that the cwa does not include a remedial scheme sufficient to preclude an ex parte young action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This SPA constitutes the entire understanding and agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the Parties with respect hereto. The express terms hereof control and supersede any course of performance or usage of the trade inconsistent with any of the terms hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and committed perjury” on a central and material issue, nor competent substantial evidence .that any such misconduct was “undertaken with intent to deceive, constituted a deliberate scheme to subvert the judicial process, [or] amounted to a fraud upon the court.” Faddis, 121 So.3d at 1135. Accordingly, we determine that under these circumstances, the trial court abused its discretion in striking Martinez’s pleadings and entering default final judgment against her as a sanction. In addition, the trial court’s refusal to allow Martinez’s counsel to call Martinez or any other witnesses to the stand regarding the “lies and perjury” his client allegedly committed, or even to allow counsel to make a complete proffer to the court, was a denial of, due process, See Fernandes, 149 So.3d at 750 (<HOLDING>); Kilnapp v. Kilnapp, 140 So.3d 1051 (Fla. 4th Options: A. holding sanctions were appropriate due to prejudice imposed on other party from failure to disclose subject matter of expert testimony B. holding that default and dismissal were proper sanctions in view of partys willful destruction of documents and records that deprived the opposing party of the opportunity to present critical evidence on its key claims to the jury C. holding reversal required where party lacked an opportunity to present evidence on the issue before sanctions imposed D. holding that where the issue of sanctions was not before the court of appeals when the appeal was filed the district court retained jurisdiction E. holding that due process requires notice and an opportunity to respond before imposition of rule 11 sanctions

assistant: The best answer is C. holding reversal required where party lacked an opportunity to present evidence on the issue before sanctions imposed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the Ryce Act and the available evidence of legislative intent discussed above, we conclude that the Legislature intended that ordinarily the review process of potential sexual predators would be concluded while the person was still in prison. The initial ex parte probable cause determination described in section 394.915(1) applies primarily to respondents who are still in prison, and a finding of probable cause under this provision simply requires that a respondent be transferred immediately to a secure facility upon the expiration of the sentence. Civil-commitment -proceedings involve a serious deprivation of liberty and, thus, such proceedings must comply with the due process clauses of the Florida and United States Constitutions. See Adding-ton, 441 U.S. at 425, 99 S.Ct. 1804 (<HOLDING>); Pullen v. State, 802 So.2d 1113, 1117 (Fla. Options: A. recognizing that a parents liberty interest in the custody of a child is subject to due process protection B. holding that civil commitment for any purpose constitutes significant deprivation of liberty that requires due process protection C. holding thirty day detention beyond the expiration of a sentence constitutes a deprivation of due process D. holding that clear and convincing standard is required by due process in a civil proceeding brought under state law to commit an individual involuntarily for an indefinite period to a state mental hospital because civil commitment for any purpose constitutes a significant deprivation of liberty that requires due process protection E. holding that the fourth amendment requires a finding of probable cause as a condition for any significant pretrial restraint of liberty

assistant: The best answer is B. holding that civil commitment for any purpose constitutes significant deprivation of liberty that requires due process protection
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the trial court in conducting voir dire in the area of pretrial publicity and in other areas of inquiry that might tend to show juror bias.” Mu’Min, 500 U.S. at 427, 111 S.Ct. 1899. Even though Davis’ counsel was not allowed to ask more specific questions regarding the publicity, every seated juror stated his or her willingness and ability to set aside the effect of publicity and to approach the case with an open mind. Further probing as to the specific contents of the juror’s media exposure obviously could have been beneficial to Davis for purposes of exercising his peremptory challenges, but Mu’Min explicitly has rejected this benefit as a basis for bringing a constitutional challenge to the adequacy of the state court voir dire proceedings. See id. at 424-25, 111 S.Ct. 1899 (<HOLDING>). The court finds that the fact that the state Options: A. holding that a defendants exercise of peremptory challenges is not denied or impaired when the defendant chooses to use a peremptory challenge to remove a juror who should have been excused for cause B. holding that genderbased peremptory challenges also violate the fourteenth amendment C. holding that peremptory challenges may not be exercised in a discriminatory manner D. holding that constitutional claims are extraneous resentencing issues that a court cannot address during a 3582c2 proceeding and that a defendant is entitled to raise constitutional challenges to a sentence by making a collateral attack under 28 usc 2255 E. holding that because peremptory challenges are not constitutionally mandated this benefit cannot be a basis for making content questions about pretrial publicity a constitutional requirement

assistant: The best answer is E. holding that because peremptory challenges are not constitutionally mandated this benefit cannot be a basis for making content questions about pretrial publicity a constitutional 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: F.3d 1495, 1498 (9th Cir. 1995)). Contacts that are “ ‘isolated’ or ‘sporadic’ may support specific jurisdiction if they create a ‘substantial connection’ with the forum . ...” Id. (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475, 85 L. Ed. 2d 528, 542, 105 S. Ct. 2174, 2183 (1985)). Nevertheless, “the contacts must be more than random, fortuitous, or attenuated.” Id. In assessing contacts, we look only at those made by the defendant and not those of others related to the case. Id. at 818, 616 S.E.2d at 648. I would hold that Mr. Levine’s contacts, in which he traveled from Tennessee to North Carolina to meet Ms. Stann, necessarily constitute deliberate actions. They are not the “random, fortuitous, or attenuated” actions described in Havey. See id. at 817, 616 S.E.2d at 648 (<HOLDING>). The relationship of Mr. Levine’s actions in Options: A. holding that because north carolina has opted out of the exemptions provided under 11 usc 522d the exemptions available for bankruptcy debtors in north carolina depend upon the law of north carolina B. holding that a debtor is required to claim any exemptions under north carolina law because north carolina is an opt out state under 11 usc 522b C. holding that north carolina court lacked personal jurisdiction over illinois bank even though some of its customers resided in north carolina and loan proceeds were used in north carolina D. holding that a foreign subsidiary that is not registered to do business in north carolina has no place of business employees or bank accounts in north carolina does not design manufacture or advertise its products in north carolina and does not solicit business in north carolina cannot be subject to personal jurisdiction in north carolina even if some of the companys products do enter north carolina through the stream of commerce E. holding that the availability of defendant corporations informational passive website in north carolina is not enough contact for purposeful availment

assistant: The best answer is E. holding that the availability of defendant corporations informational passive website in north carolina is not enough contact for purposeful availment
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: 118 S.Ct. 1533, 140 L.Ed.2d 683 (1998). The Ninth Circuit opinion, and the opinions referenced in it, set forth this case’s lengthy factual and procedural history; there is no need to detail it here except to note that Poland did not raise an incompetency-to-be-executed claim in the prior habeas petition. On October 20, 1998, Poland raised a Ford claim by attempting to amend his previously-dismissed petition. Rather than allowing him to so amend, the Court construed the amendment as a new peti tion not subject to the Antiterrorism and Effective Death Penalty Act of 1996’s (“AEDPA’s”) requirement of obtaining permission from a court of appeals before filing a second or successive habeas application. See Stewart v. Martinez-Villareal, 523 U.S. 637, 118 S.Ct. 1618, 140 L.Ed.2d 849 (1998) (<HOLDING>). Martinez-Villareal dealt with a situation Options: A. holding sum certain requirement of 28 cfr 142a applies to 28 usc 2675 B. holding that equitable tolling is available for petitions filed pursuant to 28 usc 2255 C. recognizing exception to aedpas gatekeeping requirement in 28 usc 2244b3c for certain claims that could not have been adjudicated in prior habeas petitions D. holding that in general aedpa applies only to habeas petitions filed after the statutes effective date of april 24 1996 and noting that aedpas special procedures for 28 usc 2254 petitions in capital cases apply also to petitions pending on april 24 1996 E. holding that a district court must dismiss habeas petitions containing any claims that have not been exhausted in state court

assistant: The best answer is C. recognizing exception to aedpas gatekeeping requirement in 28 usc 2244b3c for certain claims that could not have been adjudicated in prior habeas petitions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. The provisions of this Section 15.9 shall survive the Closing or earlier termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: may be allowed limited discovery with respect to the jurisdictional issue; but until she has shown a reasonable basis for assuming jurisdiction, she is not entitled to any other discovery”); Wyatt v. Kaplan, 686 F.2d 276, 283 (5th Cir.1982) (noting that “[w]hen a defendant challenges personal jurisdiction, courts generally permit depositions confined to the issues raised in the motion to dismiss”); Hansen v. Neumueller GmbH, 163 F.R.D. 471, 473 (D.Del. 1995) (recognizing that “Fed.R.Civ.P. 26 permits liberal discovery of any facts which are relevant and not privileged” and further recognizing that “[t]his rule also applies where the plaintiff seeks discovery to establish personal jurisdiction”); United Mine Workers of Am. Int’l Union v. Arch Mineral Corp., 145 F.R.D. 3 (D.D.C.1992) (<HOLDING>). While discovery is available to ascertain Options: A. holding that the defendants were entitled to qualified immunity where the plaintiff failed to demonstrate that speech was public concern B. holding that plaintiff was entitled to limited discovery on the question of defendants corporate structure where jurisdiction was claimed on alternate theories of single employer or alterego C. recognizing separate corporate identity of parent despite evidence that parent was alterego of its subsidiary and was being sued for acts of its subsidiary D. holding that although there was evidence of discrimination by the employer based on race there was insufficient evidence to support a finding that the employer had constructively discharged the plaintiff E. holding that under north carolina law a corporate parent cannot be held liable for the acts of its subsidiary unless the corporate structure is a sham

assistant: The best answer is B. holding that plaintiff was entitled to limited discovery on the question of defendants corporate structure where jurisdiction was claimed on alternate theories of single employer or alterego
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: T he Borrower has the right and power, and ha s taken all necessary action to authorize it , to execute and deliver this Amendment and to perform its obligations hereunder and under the Credit Agreement , as amended by this Amendment , and the other Loan Documents to which it is a party in accordance with their respective terms. This Amendment has been duly executed and delivered by a duly authorized officer of the Borrower and each of this Amendment and the Credit Agreement , as amended by this Amendment , is a legal, valid and binding obligation of the Borrower enforceable against the Borrower in accordance with its respective terms.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the consumer gets to elect the hearing location and can elect to participate live , by phone , video conference , or , for claims under $ 25,000 , by the submission of documents ;

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: If Recipient ceases to be a director of the Company for any reason or for no reason, with or without cause, other than because of death or physical disability (within the meaning of Section 22(e)(3) of the Code), any RSUs that did not vest pursuant to this Section 2 or Section 4.2 at or prior to the time of such termination of board service shall be forfeited to the Company; provided, however, that if Recipient’s service as a director is terminated by the Company without Cause or by the Recipient for Good Reason after Shareholder Approval but before a Change in Control, any RSUs that are forfeited under this sentence shall be restored to the Recipient and vested if a Change in Control subsequently occurs within two years.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment has been entered into without force or duress, of the free will of Borrower, and the decision of Borrower to enter into this Amendment is a fully informed decision and Borrower is aware of all legal and other ramifications of each decision. It has read and understands this Amendment, has consulted with and been represented by independent legal counsel of its own choosing in negotiations for and the preparation of this Amendment, has read this Amendment in full and final form, and has been advised by its counsel of its rights and obligations hereunder and thereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: appellant continued to perform services as appellee’s independent sales agent in the territory designated in said modified agreement until such time as he received appellee’s termination letter dated May 27,1997. Analysis Based on the summary judgment evidence in the record, we reject appellee’s first argument. ' Appellee’s letter dated October 29, 1996, is only one of a series of writings relating to the parties’ agency transaction. In considering the legal ef- feet of these -writings, we must read them in conjunction with one another and in the light of all the surrounding circumstances. Smart v. Tower Land and Inv. Co., 597 S.W.2d 333, 337 (Tex.1980); Central Power & Light Co. v. Del Mar Conservation Dist., 594 S.W.2d 782, 789-90 (Tex.App.-San Antonio 1980, writ refd n.r.e.) (<HOLDING>). After considering the three letters together Options: A. holding that by statute an assault is established by proving a menacing threat which may or may not be accomplished by a specific intent to injure B. holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party C. holding that in order for a contract to be enforced it is necessary that all the essential terms of the contract must first be established by competent evidence and shown to be definite certain clear and unambiguous D. holding that lack of consent may be established by adequate circumstantial evidence E. holding that validity of contract may be established by one or more writings signed by party to be charged

assistant: The best answer is E. holding that validity of contract may be established by one or more writings signed by party to be charged
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 agrees to indemnify the Director for his activities as a member of the Board to the fullest extent permitted under applicable law and shall use its best efforts to maintain Directors and Officers Insurance benefitting the Board. The Company will use is best efforts to obtain a $10,000,000 D&O Policy to cover the actions of the Board.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Benefitfocus agrees to reimburse the Associate for travel and other expenses incurred while conducting business on behalf of Benefitfocus (including the cost of air or ground transportation between Charleston, S.C. and Associate’s home in Atlanta, GA on a weekly basis) as long as they are reasonable and approved by Benefitfocus and comply with government regulations covering such expenses for business purposes. Such expenses will be stated on a Benefitfocus furnished expense form, have required receipts, be signed by the Associate, and sent to Benefitfocus for approval and reimbursement, all in accordance with Benefitfocus’ reimbursement policies and procedures as may be in effect from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any of the covenants contained in Section 5.1 or 5.2, or any part thereof, hereafter are construed to be invalid or unenforceable, the same shall not affect the remainder of the covenant or covenants, which shall be given full effect, without regard to the invalid portions.

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: Each Loan Party will, and will cause each Restricted Subsidiary to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, intellectual property rights, licenses and permits (except as such would otherwise reasonably expire, be abandoned or permitted to lapse in the ordinary course of business), necessary in the normal conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except (i) other than with respect to Holdings’ or any Borrower’s existence, to the extent such failure to do so would not reasonably be expected to have a Material Adverse Effect or (ii) pursuant to a transaction permitted by Section 6.03.

assistant: Existence
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: purpose was to force a purchase of his stock at an unreasonable price.” Id., 223 Pa. at 198, 72 A. at 553-54. The Supreme Court affirmed the order which had compelled the corporation to arrange for an inspection of its books by the stockholder: Realtor as a stockholder has without question the right to inspect the books of the company, at a proper time, and in a proper way, even though his only object is to ascertain whether the business has been properly conducted. Such a right is necessary for the protection of stockholders. The Realtor seeks at the present time merely for information. It may be that as a result of his examination of the books and of the records his suspicions will be shown to be groundless. Id. See also Taylor v. Eden Cementery Co., 337 Pa. 203, 10 A.2d 573 (1940) (<HOLDING>). In Klein v. Scranton Life Insurance Co., 139 Options: A. recognizing principle but concluding that there was no evidence that debtor was in fact a shareholder of the corporation or that the corporate formalities had been disregarded B. holding that even where no attorneyclient relationship exists between a shareholder and the corporate attorney this does not necessarily mean that the law firm had no fiduciary duty to the shareholder and observing that instances in which the corporation attorneys stand in a fiduciary relationship to individual shareholders are obviously more likely to arise where the number of shareholders is small in such cases it is not really a matter of the courts piercing the corporate entity C. recognizing that a shareholder seeking to examine corporate books is vitally concerned with the salaries paid to officers because exorbitant salaries decrease the net proceeds earned by the corporation thus reducing the return from the initial investment in the stock D. holding that the funds in the privatelyheld corporations account belonged to the corporation not to the individuals who owned the corporation and expressly stating that directors officers and shareholders of a corporation do not have standing to claim an ownership interest in corporate property in their individual capacities they must state a claim in the corporate name E. holding that resident shareholder of s corporation is eligible for tax credit for taxes paid by corporation in another state and noting that this conclusion is consistent with the internal revenue code which provides that shareholders of an s corporation are entitled to a foreign tax credit for their share of foreign income tax paid by an s corporation

assistant: The best answer is C. recognizing that a shareholder seeking to examine corporate books is vitally concerned with the salaries paid to officers because exorbitant salaries decrease the net proceeds earned by the corporation thus reducing the return from the initial investment in the stock
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 the only entity with the capacity to impose or implement SEQRA, and the Villages have only attempted to ensure such action through a lawsuit. Cf. Westchester Day Sch., 386 F.3d at 189 (equating “implementation of a land use regulation” with “regulation or rejection” of actions by a zoning board). This interpretation is borne out in what actually happened in the Chestnut Ridge Action: Defendants did not prevail, and as such, the lawsuit had no bearing on the actions that Ramapo took in implementing SEQRA. It is also consistent with the plain meaning of RLUIPA; Congress made no mention of “enforcing,” or “litigation relating to,” land use regulations in RLUIPA, even though it could have easily done so. Cf. Faith Temple Church v. Town of Brighton, 405 F.Supp.2d 250, 255 (W.D.N.Y.2005) (<HOLDING>). The Court therefore agrees with Defendants Options: A. holding that the exclusionary rule generally does not apply to immigration proceedings B. holding that rluipa does not apply to eminent domain proceedings because congress made no mention of it and the concept is hardly arcane or littleknown C. holding that the right of privacy does not attach to matters already within the public domain D. holding that because the farr act does not expressly mention habeas corpus or 28 usc 2241 it does not eliminate habeas jurisdiction E. holding that it is not

assistant: The best answer is B. holding that rluipa does not apply to eminent domain proceedings because congress made no mention of it and the concept is hardly arcane or littleknown
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: Permanently and totally disabled and unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of twelve months. A Participant’s “Disability” will be based upon the determination of his or her eligibility for benefits under the Company’s long term disability plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the opposite sex, the burden shifts to the employer to offer a gender neutral justification for that wage differential. See id. at 196, 94 S.Ct. 2223; Fallon v. Illinois, 882 F.2d 1206, 1211 (7th Cir.1989). Because a 'prima facie case under the Equal Pay Act requires only an initial showing of a wage differential between the sexes, the Act’s remedial provisions do not perfectly mirror the Constitution’s prohibition on gender discrimination. Under the Equal Pay Act, an employer is potentially subject to liability without a showing of discriminatory intent. See Stopka v. Alliance of Am. Insurers, 141 F.3d 681, 685 (7th Cir.1998) (“The E[qual] P[ay] A[ct] does not require proof of discriminatory intent.”); see also Berry v. Board of Supervisors of LSU, 715 F.2d 971, 975 (5th Cir.1983) (<HOLDING>). In contrast, in order to make out a claim of Options: A. holding that a transgender individual stated a claim forsexdiscrimination under the equal credit opportunity act B. holding that the mere allegation that a female professor was paid less than a male colleague for equal work stated a claim under the equal pay act C. holding that judges comments to jury during equal pay act trial were harmless error D. holding that to establish a prima facie equal pay act claim the plaintiff must show that the jobs being compared are substantially equal E. holding that although women may have been willing to work for lower wages than men and market forces therefore dictated that an employer could pay women less than men reliance on such a market force theory nevertheless became illegal once congress enacted into law the principle of equal pay for equal work

assistant: The best answer is B. holding that the mere allegation that a female professor was paid less than a male colleague for equal work stated a claim under the equal pay act
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: 229 S.W.3d 415, 434 (Tex.App.-Houston [1st Dist.] 2007, no pet.). To prevail in a forc ible detainer action, a plaintiff is not required to prove title, but is only required to show sufficient evidence of ownership to demonstrate a superior right to immediate possession. Rice, 51 S.W.3d at 709. However, where the right to immediate possession necessarily requires resolution of a title dispute, a justice court has no jurisdiction to enter a judgment. Id. Accordingly, a justice court is not deprived of jurisdiction merely by the existence of a title dispute; it is deprived of jurisdiction only if resolution of a title dispute is a prerequisite to determination of the right to immediate possession. See id.', cf. Dass, Inc. v. Smith, 206 S.W.3d 197, 200-01 (Tex.App.-Dallas 2006, no pet.) (<HOLDING>). It has been long settled in Texas Options: A. holding that some special relationship between the parties is required to recover under the theory of negligent misrepresentation B. holding that a duty of care may arise out of a contractual relationship between two parties C. holding that where relationship between parties was one of buyerseller rather than lessorlessee determination of right to immediate possession of property necessarily required resolution of title dispute and jurisdiction lay in district court D. holding where the commonwealth is not in possession of property in question petition for return of property is moot E. holding that immediate right to appeal lies from denial of motion to dismiss for lack of personal jurisdiction

assistant: The best answer is C. holding that where relationship between parties was one of buyerseller rather than lessorlessee determination of right to immediate possession of property necessarily required resolution of title dispute and jurisdiction lay in district court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed under the substantive laws of the State of New York, without regard to the choice of law principles of any forum. All actions or proceedings arising under or related to this Agreement must be exclusively brought in the state or federal courts serving New York County, New York. Each party, to the fullest extent permitted by applicable law, hereby (i) irrevocably accepts and submits to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom), generally and unconditionally, with respect to any such action, suit or proceeding, and (ii) waives any objection which he/she/it may now or hereafter have based on personal jurisdiction or to the laying of venue of any such action, suit or proceeding therein and agrees not to plead or claim that such action, suit or proceeding has been brought in an inconvenient forum.

assistant: Governing 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 case excerpt and choose the best holding from the options. Case excerpt: policy nor do they demand reinstatement to their former positions. They claim the relief sought under the state constitution is in the form of a purging of the negative entries, evaluations and other documents contained in their personnel files. Clearly, the relief sought is remedial rather than prophylactic. In Bock, Plaintiffs sought prevention of future violations of their free speech rights. Here, Plaintiffs seek relief for alleged past violation of their free speech rights which resulted in entries in their records which they wish to have expunged. They cite no authority for the proposition that a claim for relief in the form of expungement of records is available under Article II, Section 10 of the Colorado Constitution. See Saum v. Widnall, 912 F.Supp. 1384, 1387 (D.Colo.1996) (<HOLDING>). For these reasons, I find the Complaint fails Options: A. holding declaratory relief is inappropriate where the constitutional injury has already occurred and there is no threat of future harm B. holding that the threat of future harm not yet realized is not enough C. holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment D. holding that a threat to harm another person is a crime of violence E. recognizing that a case is ripe for determination if injury has occurred or is likely to occur the threat of harm must be direct and immediate rather than conjectural hypothetical or remote

assistant: The best answer is A. holding declaratory relief is inappropriate where the constitutional injury has already occurred and there is no threat of future harm
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrower nor any other Credit Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of paragraph (b) of this Section, (ii) by way of participation in accordance with the provisions of paragraph (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of paragraph (f) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in paragraph (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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: to argue its position and did so. The district court did not err. See Chaney Bldg. Co. v. City of Tucson, 148 Ariz. 571, 573, 716 P.2d 28, 30 (Sup.Ct. 1986); see also FDIC v. Daily (In re Daily), 47 F.3d 365, 368 (9th Cir.1995) (citing United States v. Gottheiner (In re Gottheiner), 703 F.2d 1136 (9th Cir.1983)). Likewise, the district court did not err when it held that the state court’s determination of the lease’s validity was essential to its decision. The state court of appeals stated that the lease was valid because that was a necessary predicate to the decision which it was affirming. First Bank’s argument that the issue was not essential fails. See Gilbert v. Ben-Asher, 900 F.2d 1407, 1410 (9th Cir.1990); cf. Garc Ariz. 519, 524, 747 P.2d 1218, 1223 (Sup.Ct.1987) (en banc) (<HOLDING>); Baird v. Pace, 156 Ariz. 418, 422, 752 P.2d Options: A. holding professional malpractice claim not contractual B. holding breach of fiduciary duty claim is essentially a negligence or professional malpractice claim C. holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal D. recognizing contributory negligence as a defense to professional malpractice claims E. holding that erisa does not preempt professional malpractice claims

assistant: The best answer is A. holding professional malpractice claim not contractual
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK (INCLUDING SECTIONS 5‑1401 AND 5‑1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW, BUT EXCLUDING ALL OTHER CHOICE OF LAW AND CONFLICTS OF LAW RULES).

assistant: Governing 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 legal provision and list the applicable contract clause categories. Provision: The Borrower agrees to pay to KeyBank, Agent and Arranger for their own account certain fees for services rendered or to be rendered in connection with the Loans as provided pursuant to the separate fee letter dated September 29, 2017, between the Borrower, KeyBank and the Arranger (the “Agreement Regarding Fees”). All such fees shall be fully earned when paid and nonrefundable under any circumstances.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Your annual Base Salary shall be at the rate of $400,000 per year, payable pursuant to the Company's normal payroll practices. Your Base Salary may be adjusted from time to time on review by the Compensation Committee of the Board of Directors.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an agreed exchange, any material failure of performance by one party not justified by the conduct of the other discharges the latter’s duty to give the agreed exchange even though his promise is not in terms conditional. An immaterial failure does not operate as such a discharge. Id. (emphasis added). Illinois courts also recognize the doctrine of de minimis non curat lex, “which means that courts will not regard trifles.” Pacini v. Regopoulos, 281 Ill.App.3d 274, 216 Ill.Dec. 433, 665 N.E.2d 493, 497 (1996). As that state appellate court explained, courts generally require strict compliance with contractual terms, and the failure to perform any term of a contract is a breach of contract. However, the nonperforming party is liable for damages resulting only from a material breach. Id. (<HOLDING>). Parties to a contract may make timely Options: A. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate B. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract C. holding that because a 949953 occupancy rate was essentially a 95 occupancy rate the difference was de minimis and there was no breach D. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate E. holding that gas company was entitled to restitution of difference between contract rate and price paid under invalid rate order set by regulatory board

assistant: The best answer is C. holding that because a 949953 occupancy rate was essentially a 95 occupancy rate the difference was de minimis and there was no breach
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: Upon a Change in Control, the Employee shall be fully vested in, and entitled to receive a release in respect of, the total number of Restricted Shares subject to the Award, the Restriction Period shall immediately expire and the release in respect of the Restricted Shares subject to the Award shall be made in the manner specified in Section 1(d) as soon as administratively practicable following such immediate expiration of the Restriction Period and the satisfaction of the applicable tax withholding obligations.

assistant: Change In Control
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. United States v. Cotton, — U.S. -, 122 S.Ct. 1781, 1783, 152 L.Ed.2d 860 (2002) (citing Apprendi, 530 U.S. at 476, 120 S.Ct. 2348). Coitos however, only requires that the indictment charge a threshold level that includes within it the sentence that the defendant received. Id., 122 S.Ct. at 1786 n. 3. In the present case the Information charges “5 kilograms and more,” which carries a maximum penalty of life imprisonment under the statutory guidelines of 21 U.S.C. § 841(b)(1)(A). See Information at 1. Thus, the Information charges the thresh7 old level of the sentence that Parrado received. Moreover; Parrado’s failure to allege ‘the Information was defective at the time of his trial waives any right that he had to challenge the Information. See id., 122 S.Ct. at 1787 (<HOLDING>). Finally, the judge did not determine the drug Options: A. holding that failure to allege facts tolling the statute of limitations did not make indictment fundamentally defective or deprive trial court of jurisdiction defendants failure to object to this defect before trial waived error on appeal B. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense C. holding that although a defendant filed a motion in limine on an evidentiary issue a failure to object to the evidence at trial waives the issue for appeal D. holding that a failure to object to the error in the indictment at trial waives a right to challenge the indictment at a latter stage in the proceedings E. holding defendants failure to object timely waives its right to challenge expert report

assistant: The best answer is D. holding that a failure to object to the error in the indictment at trial waives a right to challenge the indictment at a latter stage in the proceedings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, including the appendices, addenda, annexes, exhibits and schedules hereto, including the Seller Disclosure Schedules, the Confidentiality Agreement, and the Ancillary Documents embody the entire agreement and understanding of the parties in respect of the subject matter contained herein and supersede all prior agreements, letters of intent and the understandings between the parties with respect to the subject matter of this Agreement, other than the Confidentiality Agreement. The Confidentiality Agreement will terminate at the Closing and cease to be of any further force or effect in accordance with its terms, but will survive any termination of this Agreement pursuant to Section 11 . No discussions regarding, or exchange of drafts or comments in connection with this Agreement or the transactions contemplated herein will constitute an agreement among the parties hereto or modify the terms of this Agreement. Any agreement among the parties will exist only when the parties have fully executed and delivered this Agreement or any amendments hereto adopted as provided herein.

assistant: Entire Agreements