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: (7th Cir.1992). In McWright the court interpreted the Rehabilitation Act and found that sterility was a “handicap” under the Act. However, in McWright the defendant did not dispute that infertility was a handicap under the statute. Id. at 226. Furthermore, the regulations developed under the Rehabilitation Act specifically defined the protected class of handicapped individuals to incl life activities” should not be construed to include activities such as “procreation” and “caring for others.” In interpreting a statute, a reviewing court must defer to the agency’s interpretation of an ambiguous statute if that construction is reasonable. Arkansas AFL-CIO v. F.C.C., 11 F.3d 1430, 1441 (8th Cir.1993); Independent Com. Bankers v. Fed. Reserve System, 838 F.2d 969, 974 (8th Cir.1988) (<HOLDING>). The EEOC’s interpretation is reasonable. In Options: A. holding that when an agency is charged with administering a statute part of the authority it receives is the power to give reasonable content to the statutes textual ambiguities B. holding that even in considering a purely legal issue a court should grant great deference to reasonable interpretation of statutes by agencies charged with administering those statutes C. holding that agencys construction of statute it was charged with enforcing was entitled to deference because it was reasonable in line with the statutes meaning and related to its expertise D. holding that where multiple agencies are charged with administering a statute a single agencys interpretation is generally not entitled to chevron deference but concluding that there would be no comparable concern if all three agencies charged with administering the statute in question pressed the same interpretation before this court E. holding that courts adopt statutes interpretation that is supported by statutes plain language if statute is unambiguous unless such interpretation would lead to absurd results

assistant: The best answer is B. holding that even in considering a purely legal issue a court should grant great deference to reasonable interpretation of statutes by agencies charged with administering those statutes
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 FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH BORROWER WAIVES (A) THE RIGHT TO TRIAL BY JURY (WHICH AGENT AND EACH LENDER HEREBY ALSO WAIVES) IN ANY PROCEEDING OR DISPUTE OF ANY KIND RELATING IN ANY WAY HERETO; (B) PRESENTMENT, DEMAND, PROTEST, NOTICE OF PRESENTMENT, DEFAULT, NON-PAYMENT, MATURITY, RELEASE, COMPROMISE, SETTLEMENT, EXTENSION OR RENEWAL OF ANY COMMERCIAL PAPER, ACCOUNTS, DOCUMENTS, INSTRUMENTS, CHATTEL PAPER AND GUARANTIES AT ANY TIME HELD BY AGENT ON WHICH A BORROWER MAY IN ANY WAY BE LIABLE, AND HEREBY RATIFIES ANYTHING AGENT MAY DO IN THIS REGARD; (C) NOTICE PRIOR TO TAKING POSSESSION OR CONTROL OF ANY COLLATERAL; (D) ANY BOND OR SECURITY THAT MIGHT BE REQUIRED BY A COURT PRIOR TO ALLOWING AGENT TO EXERCISE ANY RIGHTS OR REMEDIES; (E) THE BENEFIT OF ALL VALUATION, APPRAISEMENT AND EXEMPTION LAWS; (F) ANY CLAIM AGAINST AGENT OR ANY LENDER, ON ANY THEORY OF LIABILITY, FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (AS OPPOSED TO DIRECT OR ACTUAL DAMAGES) IN ANY WAY RELATING TO ANY ENFORCEMENT ACTION, OBLIGATIONS, LOAN DOCUMENTS OR TRANSACTIONS RELATING THERETO; AND (G) NOTICE OF ACCEPTANCE HEREOF. Each Borrower acknowledges that the foregoing waivers are a material inducement to Agent and Lenders entering into this Agreement and that Agent and Lenders are relying upon the foregoing in their dealings with Borrowers. Each Borrower has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 68 L.Ed.2d 576 (1981). “Consideration of issues arising under the Supremacy Clause ‘start[s] with the assumption that the historic police powers of the States [are] not to be superseded by ... Federal Act unless that [is] the clear and manifest purpose of Congress.’ Accordingly, ‘[t]he purpose of Congress is the ultimate touchstone’ of pre-emption analysis.” Cipollone v. Liggett Group, Inc., 505 U.S. 504, 516, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992) (citations omitted). Congressional intent with respect to preemption may be express or implied. See Hillsborough County, Fla. v. Automated Med. Labs., Inc., 471 U.S. 707, 713, 105 S.Ct. 2371, 85 L.Ed.2d 714 (1985). State law is expressly -preempted when Congress uses clear preemptive language in the federal statute or regulation. See id. (<HOLDING>). Absent express preemptive language, a federal Options: A. holding ban preempted by federal communications commission regulations B. recognizing state laws can be preempted by federal regulations as well as by federal legislation C. holding that the plaintiffs state law claims are preempted by federal law D. holding that 1983 authorizes suits to redress violations by state officials of rights created by federal statutes as well as the federal constitution E. holding that plaintiffs state law tort actions against private military contractors working for the federal government were preempted by federal law

assistant: The best answer is B. recognizing state laws can be preempted by federal regulations as well as by federal legislation
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: 316 F.3d 939, 948 (9th Cir.2003) (“Severino admitted — more than once — that he had no way to challenge the validity of the prior conviction.... The error was harmless.”); United States v. Williams, 298 F.3d 688, 693 (7th Cir.2002) (where both government’s information and PSI disclosed convictions used for enhancement and defendant did not challenge through § 851(c) or at sentencing, “any error resulting from the district court’s failure to comply with the procedures of § 851(b) was harmless error”); United States v. Gaviria, 116 F.3d 1498, 1525 (D.C.Cir.1997) (per curiam) (“Although failure to comply strictly with the statute’s requirements is error, here the error was harmless.”) (internal citations omitted); United States v. Gonzalez-Lerma, 71 F.3d 1537, 1541 & n. 4 (10th Cir. 1995) (<HOLDING>), overruled on other grounds by United States Options: A. holding that failure to comply with 851b was harmless in part because defendant did not object to prior convictions listed in presentence report B. holding that a sentencing court may warn a defendant of the possibility of a sentence enhancement C. holding failure to comply with 851b was harmless error in part because defendant did not comply with 851c procedures for challenging prior convictions D. holding that the district court lacked authority to revisit the application of the career offender enhancement in a 3582 motion because that enhancement was not affected by a retroactive amendment E. holding that failure to comply with 851b was harmless because defendant was properly put on notice that the government was seeking an enhancement and defendant concluded that no valid grounds existed for challenging the convictions or enhancement after research

assistant: The best answer is E. holding that failure to comply with 851b was harmless because defendant was properly put on notice that the government was seeking an enhancement and defendant concluded that no valid grounds existed for challenging the convictions or enhancement after research
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 is duly organized and existing in good standing in its jurisdiction of incorporation and is duly qualified as a foreign corporation and authorized to do business in all other jurisdictions in which the nature of its business or property makes such qualification necessary. The Company has the corporate power to own its properties and to carry on its business as now conducted and as proposed to be conducted.

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: This Agreement will become effective, as of the Effective Date. This Agreement will remain in effect for an initial term of one (1) year from the Effective Date (the “Initial Term”), and will be automatically renewed for successive periods of one (1) year each (the “Renewal Term”). At any time during the Term or Renewal Term, either Party may terminate this Agreement for any reason without penalty by providing at least one hundred eighty (180) days’ prior written notice (“Termination Notice”) to the other Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of this agreement and understanding of the parties hereto in respect of the subject matter contained herein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein, concerning the registration rights granted by the Company pursuant to this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All disputes arising out of this Agreement shall be settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with said Rules. The number of arbitrators shall be three, the place of arbitration shall be California, and the language of the arbitration shall be English and the governing law shall be the laws of the State of California.

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 case excerpt and choose the best holding from the options. Case excerpt: of Connecticut (1796) p. 399. “When the customary right to counsel was formally incorporated into the Connecticut constitution in 1818, ‘the advice and services of counsel were regarded as crucial to a criminal defendant at any time, especially given the inability of a defendant to testify in Connecticut in 1818.’ State v. Davis, supra, 99-100. More contemporary developments suggest that this state’s commitment to securing the right to counsel has not diminished since 1818. Not only was Connecticut ‘the first state to adopt the public defender system’; State v. Hudson, 154 Conn. 631, 635, 228 A.2d 132 (1967); but the right to counsel ‘was secured to criminal defendants in this state long before the mandate of Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 792, 9 L. Ed. 2d 799 [(1962) (<HOLDING>)] . . . Springv. Constantino, 168 Conn. 563, Options: A. holding the sixth amendment applicable to the states through the fourteenth amendment B. holding second amendment right is incorporated against the states through fourteenth amendment C. holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment D. holding that the fourteenth amendment incorporated the sixth amendment right to counsel E. holding that a criminal defendant has a sixth amendment right to counsel at trial

assistant: The best answer is D. holding that the fourteenth amendment incorporated the sixth amendment right to counsel
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: in the event ebay initiates an arbitration against you , it will send a copy of the completed form to the physical address we have on file associated with your ebay account .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: contends that the Commission should have granted his motion for sanctions against the local liquor control commissioner. Grants of power to administrative agencies are delegations of authority by the legislature, grounded in the statute and not in common law, and, as such, must be strictly construed. (See also Diederich v. Rose (1907), 228 Ill. 610, 615, 81 N.E. 1140.) The statute delegating the power must explicitly provide for the specific grant of power. (McKenzie v. McIntosh (1964), 50 Ill. App. 2d 370, 377, 200 N.E.2d 138.) Plaintiff has cited no section of the Dramshop Act (Ill. Rev. Stat. 1979, ch. 43, par. 94 et seq.), nor any case law to authorize the Commission to issue sanctions against the local commissioner. (Cf. Paoli v. Mason (1945), 325 Ill. App. 197, 209, 59 N.E.2d 499 (<HOLDING>).) Accordingly, in the absence of statutory Options: A. holding that where patent owner licensor retained substantial rights under license agreement licensee did not have an independent right to sue for infringement B. holding the commissioner must sympathetically listen to local concerns C. holding various actions of state insurance commissioner insufficient evidence of agreement to bribe a public official D. holding that the official charged with responsibility to act must be an official within the doj with the authority to act in the circumstances E. holding local commissioner not liable to licensee for official act in revoking license

assistant: The best answer is E. holding local commissioner not liable to licensee for official act in revoking license
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party agrees to cooperate in any action under this Article which is controlled by the other party, provided that the controlling party reimburses the cooperating party promptly for any costs and expenses incurred by the cooperating party in connection with providing such assistance.

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: has provided its witnesses to review in preparation for their depositions already have been produced to Plaintiffs or are otherwise publicly available. Plaintiffs cannot establish that have a “substantial need” to know which documents counsel used to prepare the witnesses, or that identification is “necessary in the interests of justice.” Indeed, in the few depositions to this point, Plaintiffs already have marked hundreds of produced 'documents as exhibits. There is no compelling need for them to see which documents defense counsel think are important. See Sporck, 759 F.2d at 318 (“Rule 612 should never implicate an attorney’s selection, in preparation for a witness’ deposition, of a group of documents that he believes critical to a case,”); see also Hanover Ins., 304 F.R.D. at 500 (<HOLDING>); af. Wright & Miller, Federal Practice & Options: A. holding that burden imposed to prove a level of trade adjustment was unreasonable because party could under no practical circumstances meet the burden B. holding that an employee requesting unforeseeable medical leave is not required to even mention the fmla when requesting leave for a serious health condition C. recognizing plaintiff met this burden D. holding that requesting party had not met its burden to prove that justice required disclosure of compilation under rule 612 E. holding that the party challenging a tax deed has the burden to prove its invalidity

assistant: The best answer is D. holding that requesting party had not met its burden to prove that justice required disclosure of compilation under rule 612
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 4.3 of this Agreement, in any suit, action or proceeding seeking to enforce any provision of this Agreement, the Executive hereby (a) irrevocably consents to the exclusive jurisdiction of any federal court located in the State of New Jersey or any of the state courts of the State of New Jersey; (b) waives, to the fullest extent permitted by applicable law, any objection which he may now or hereafter have to the laying of venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and (c) agrees that process in any such suit, action or proceeding may be served on him anywhere in the world, whether within or without the jurisdiction of such court, and, without limiting the foregoing, irrevocably agrees that service of process on such party, in the same manner as provided for notices in Section 4.8 of this Agreement, shall be deemed effective service of process on such party in any such suit, action or proceeding. The Executive and Company agree to waive any right to a jury in connection with any judicial proceeding.

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 case excerpt and choose the best holding from the options. Case excerpt: trial court ruled that Gardner’s confession was admis sible and denied Hale’s motion to exclude. Hale then entered negotiated guilty pleas predicated on his right to appeal the trial court’s pretrial ruling concerning the admissibility of Gardner’s confession. The trial court certified Hale’s right to appeal in each case, and these appeals followed. III. Admission of Nontestifying Accomplice’s Confession Violates Confrontation Clause In two points, Hale contends, respectively, that the trial court’s ruling on the admissibility of Gardner’s confession, in light of Gardner’s ref ovo the trial court’s ruling that the admission of Gardner’s confession would not violate Hale’s Confrontation Clause rights. Lilly v. Virginia, 527 U.S. 116, 136-37, 119 S.Ct. 1887, 1900, 144 L.Ed.2d 117 (1999) (<HOLDING>). The Sixth Amendment to the United States Options: A. holding that when deciding whether the admission of a declarants outofcourt statements violates the confrontation clause courts should independently review whether the governments proffered guarantees of trustworthiness satisfy the demands of the clause B. holding that in reviewing confrontation clause challenge appellate courts must first determine whether the confrontation clause is implicated C. holding that the admission of an accomplices outofcourt confession violated the petitioners confrontation clause rights D. holding that the confrontation clause does not require a showing of unavailability as a condition precedent to the admission of the outofcourt statements of a nontestifying coconspirator E. holding that factors used in determining whether hearsay statements are sufficiently reliable to satisfy hearsay exceptions also apply to whether statements have sufficient guarantees of trustworthiness under confrontation clause

assistant: The best answer is A. holding that when deciding whether the admission of a declarants outofcourt statements violates the confrontation clause courts should independently review whether the governments proffered guarantees of trustworthiness satisfy the demands of the clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: lack of policies and procedures and failure to train, which were alleged to deviate substantially from accepted professional judgment. Id. at 580-87. Similarly, here, HYCF’s lack of minimally adequate policies, procedures, and training to ensure ward safety resulted in harassment and abuse by staff and other wards so severe that it caused each of the plaintiffs to contemplate self-harm or suicide and one of the plaintiffs to engage in self-mutilation and attempt suicide. Second, the supervisory defendants’ failure to ensure adequate staffing and supervision at HYCF supports a finding of deliberate indifference. As the DOJ Report concluded, “the lack of supervision of youth is [a] contributing factor” to unconstitutionally hazardous conditions at HYCF. See also Luzerne, 372 F.3d at 581 (<HOLDING>). Testimony from plaintiffs J.D. and C.P. that Options: A. holding that a municipality may be liable for inadequate staffing and supervision where the causal link between the alleged policy or custom and the constitutional injury is not too tenuous citation and internal quotation signals omitted B. holding causal link between alleged discriminatory remarks and adverse employment action insufficient C. holding that a municipality cannot be held liable for an official policy or custom if it has been determined that the individual defendants did not violate the plaintiffs constitutional rights D. holding that a municipality may only be held liable under 1983 for a policy practice or custom E. holding that antitrust plaintiff lacked standing due in part to tenuous link between defendants price fixing and plaintiffs injury

assistant: The best answer is A. holding that a municipality may be liable for inadequate staffing and supervision where the causal link between the alleged policy or custom and the constitutional injury is not too tenuous citation and internal quotation signals omitted
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: vivino reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you , in which event you will assist and cooperate with vivino in asserting any available defenses .

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: Except to the extent that this Agreement expressly provides for payments to be allocated to a particular Lender or to the Lenders, if any Lender (a “ Benefitted Lender ”) shall receive any payment of all or part of the Obligations owing to it (whether directly from the Borrower, indirectly as a result of payment under the guarantee provided for in Section 10 or from the proceeds of the exercise of any remedies with respect to the Collateral pursuant to the Security Documents or otherwise), or receive any collateral in respect thereof (whether voluntarily or involuntarily, by set‑off, pursuant to events or proceedings of the nature referred to in Section 8(f), or otherwise), in a greater proportion than any such payment to or collateral received by any other Lender, if any, in respect of the Obligations owing to such other Lender, such Benefitted Lender shall purchase for cash from the other Lenders a participating interest in such portion of the Obligations owing to each such other Lender, or shall provide such other Lenders with the benefits of any such collateral, as shall be necessary to cause such Benefitted Lender to share the excess payment or benefits of such collateral ratably with each of the Lenders; provided, however, that if all or any portion of such excess payment or benefits is thereafter recovered from such Benefitted Lender, such purchase shall be rescinded, and the purchase price and benefits returned, to the extent of such recovery, but without interest.

assistant: Adjustments
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: are distributed, but the cumulative effect of “highgrading” on each type of land may determine whether species will retain viable, well-distributed populations in the Tongass. Cf. Resources Ltd., 35 F.3d at 1306 (“[O]ne does not need control over private land to be able to assess the impact that activities on private land may have in the Forest.”). At least in the particular circumstances of this case, the cumulative impacts on wildlife viability from continued “highgrading” by non-federal entities, as well as by the Forest Service to the extent permissible under NFMA, ought to be considered in a single, programmatic EIS. See City of Tenakee Springs v. Clough, 915 F.2d 1308, 1312-13 (9th Cir.1990); see also LaFlamme v. Fed. Energy Regulatory Comm., 852 F.2d 389, 401-02 (9th Cir.1988) (<HOLDING>). A cumulative effects analysis in a Options: A. holding agency had burden to describe other area projects and detail the cumulative impacts of these projects B. holding the exclusion of cumulative evidence was not prejudicial error C. holding that eis must provide a useful analysis of the cumulative impacts of past present and future projects D. holding that a cumulative impacts analysis was insufficient where the agency had examined single projects in isolation because there were several foreseeable similar projects in a geographical region that added to the cumulative impacts E. holding that juror access to several exhibits that had not been admitted into evidence was not prejudicial as they were cumulative of trial testimony

assistant: The best answer is D. holding that a cumulative impacts analysis was insufficient where the agency had examined single projects in isolation because there were several foreseeable similar projects in a geographical region that added to the cumulative impacts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties and supersedes and cancels any other agreement, representation or communication, whether oral or in writing, between the parties hereto relating to the subject matter hereof; provided, however, that the Agreement shall be at all times subject to the Plan as provided above.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On payment by Assignee of Two Million Nine Hundred Seventy-Four Thousand One Hundred Fifty-Eight and 50/100 Dollars ($2,974,158.50) to Hercules, Hercules hereby assigns to Assignee (i) the Note and (ii) Two Million Nine Hundred Seventy-Four Thousand One Hundred Fifty-Eight and 50/100 Dollars ($2,974,158.50) of all remaining amounts due under the Agreement and the Note (the “ Outstanding Loan Amount ”; the Outstanding Loan Amount and the Note, collectively referred to herein as the “ Assigned Loan ”). The Assigned Loan shall be secured by the Collateral to the same extent that the Collateral secures the Note and the Original Loan Amount. Payment for the Assigned Loan shall be made by wire transfer to Hercules on the Effective Date pursuant to the wire transfer instructions provided on Schedule 1.a hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: identical in substance to the objection to the September 11, 2009 order, it is assumed that objections were properly made to interrogatories 2 and 9. 7 . The defense was stricken for failure to allege fraud with specificity in the answer as required by Rule 9(b), Fed.R.Civ.P. 8 . It is not entirely clear whose deposition it is to which plaintiffs object. The objection describes the individual in question only as "Plaintiff Lee." "Lee” is the last name of several plaintiffs. 9 . Moreover, barring exceptional circumstances, plaintiffs must be available for a deposition in the district in which the action was brought. See 8A Wright, Miller & Marcus, Federal Practice & Procedure § 2112. 10 . See also United States v. Kimbell Foods, 440 U.S. 715, 728, 99 S.Ct. 1448, 59 L.Ed.2d 711 (1979) (<HOLDING>); Caleb Nelson, The Persistence of General Law, Options: A. holding that federal programs that require uniform application necessitate formulation of controlling federal rules B. holding that federal veilpiercing standards are appropriate in medicare disputes due to the need for a uniform federal approach C. holding in part that the ncaa was subject to title vi because it exercised controlling authority over athletic programs receiving federal financial assistance D. holding that the priority of liens stemming from federal lending programs is a matter of federal common law E. recognizing privilege under federal rules

assistant: The best answer is A. holding that federal programs that require uniform application necessitate formulation of controlling federal 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: In the event that any provision of this Agreement or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereto hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is notably absent any conferral of state jurisdiction over the tribes themselves ... ”); California v. Quechan Tribe of Indians, 595 F.2d 1153, 1156 (9th Cir. 1979) (stating that “[n]either the express terms of [Public Law 280], nor the Congressional history of the statute, reveal any intention by Congress for it to serve as a waiver of a Tribe’s sovereign immunity”). Absent a waiver of sovereign immunity, tribes are immune from processes of the court. Nevertheless, Defendants argue that in light of Supreme Court decisions that have described an inherent limitation on tribal sovereignty, Public Law 280 must be read to grant jurisdiction to the states to execute a search warrant over the Tribe. See, e.g., United States v. Wheeler, 435 U.S. 313, 323, 98 S.Ct. 1079, 55 L.Ed.2d 303 (1978) (<HOLDING>); Oliphant v. Suquamish Indian Tribe, 435 U.S. Options: A. holding that as a matter of federal law an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity B. holding federal government could not prosecute an american indian who on indian territory had murdered another member of his tribe as federal statute excluded such crime from federal criminal jurisdiction in favor of allowing the indians to engage in selfgovernment ie the regulation by themselves of their own domestic affairs the maintenance of order and peace among their own members by the administration of their own laws and customs C. holding that neither the tribe or its tribal court was necessary to the determination of the tribal courts jurisdiction given that the district courts judgment would be binding on the absent party and they did not have a legally protected interest at issue noting that the tribe was not a party to a relevant agreement or treaty with any party to the suit D. holding that an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity E. holding that an indian tribe retains jurisdiction to punish one of its members unless withdrawn by treaty statute or implication as a necessary result of their dependent status

assistant: The best answer is E. holding that an indian tribe retains jurisdiction to punish one of its members unless withdrawn by treaty statute or implication as a necessary result of their dependent status
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than resulting from the IDA Documents or the disposition of assets in connection with the incurrence of Capital Lease Obligations and purchase money Indebtedness permitted pursuant to Section 6.01( j) with respect to such assets, the Borrower shall not, and it shall not permit any other Loan Party to, directly or indirectly, become or remain liable as lessee or as a guarantor or other surety with respect to any lease of any property (whether real, personal or mixed), whether now owned or hereafter acquired, which such Loan Party (a) has sold or transferred or is to sell or to transfer to any other Person (other than the Borrower or any of the other Loan Parties), or (b) intends to use for substantially the same purpose as any other property which has been or is to be sold or transferred by such Loan Party to any Person (other than the Borrower or any of the other Loan Parties) in connection with such lease.

assistant: Sales
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 shall submit an invoice to Distributor with each shipment of Products ordered by Distributor. Each invoice shall be due and payable [***] from the date of invoice. All invoices shall be sent to Distributor’s address for notice purposes, without regard to the actual shipping address for the Products. Each such invoice shall state Distributor’s aggregate and unit purchase price for Products in the relevant shipment, plus any freight, taxes or other costs incident to the purchase or shipment initially paid by the Company and to be borne by Distributor hereunder. [***] shall pay for ground shipping to the Distributor sent in the United States (using customary and normal shipping methods) for all shipments invoiced at or above $[***]. Distributor shall make all payments to the Company under this Agreement in United States dollars, via wire transfer to the Company’s designated bank account.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: rovio 's privacy policy as amended from time to time is available at www.rovio.com/privacy ( `` privacy policy '' ) and applicable to this eula .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: detail the sexual abuse of a minor, the privacy interests are at their apex. Desjpite the different privacy interests implicated in the two types of information sought, the plaintiff nonetheless fails in establishing that the balance tilts in favor of disclosure. Specifically, although the plaintiff has argued that disclosing the names of the law enforcement agents and the child victim’s statements will expose government misconduct, the plaintiff has failed to provide any support for his assertion. See Blackwell, 646 F.3d at 41 (requiring, under the Favish test, that a requester provide enough information to allow a reasonable person to find that Government misconduct may have occurred). Therefore, no recognized public interest in disclosure exists. See Spirko, 147 F.3d at 999 (<HOLDING>). Likewise^ the plaintiffs asserted interest in Options: A. recognizing privacy interest in medical records requested under freedom of information act B. recognizing the strong privacy interests of the suspects and law enforcement officers identified in the withheld documents C. recognizing the privacy interests when requested documents neither confirm nor refute the plaintiffs allegations of government misconduct D. recognizing that allegations of government misconduct are easy to allege and hard to disprove E. holding that privacy interests outweighed public interests even though the public is already familiar with certain aspects of the requested data

assistant: The best answer is C. recognizing the privacy interests when requested documents neither confirm nor refute the plaintiffs allegations of government misconduct
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: penalty was discussed by the Colorado Supreme Court: We have recognized and exercised our independent role on a number of occasions and on several have determined that the Colorado Constitution provides more protection for our citizens than do similarly or identically worded provisions of the United States Constitution. See, e.g., People v. Oates, 698 P.2d 811 (Colo.1985) (rejecting the reasoning of United States v. Karo, 468 U.S. 705, 104 S.Ct. 3296, 82 L.Ed.2d 530 (1984), which construed the United States Constitution, and holding that warrantless installation of an electronic tracking device in a drum of chemicals prior to sale violated the purchaser’s right to protection against unreasonable searches under the Colorado Constitution); People v. Sporleder, 666 P.2d 135 (Colo.1983) (<HOLDING>); Chames v. DiGiacomo, 200 Colo. 94, 612 P.2d Options: A. holding that definition of seizure under state constitution differs from that under us constitution B. holding in contrast to smith v maryland 442 us 735 99 sct 2577 61 led2d 220 1979 construing the federal constitution that warrantless installation of a pen register to record numbers dialed from defendants home telephone constituted an unreasonable search under the colorado constitution C. recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution D. recognizing exception under state constitution E. recognizing that provisions of the colorado constitution should be construed in the context of the constitution as a whole

assistant: The best answer is B. holding in contrast to smith v maryland 442 us 735 99 sct 2577 61 led2d 220 1979 construing the federal constitution that warrantless installation of a pen register to record numbers dialed from defendants home telephone constituted an unreasonable search under the colorado constitution
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: in no event shall the liability of linkedin and its affiliates ( and those that linkedin works with to provide the services ) exceed , in the aggregate for all claims , an amount that is the lesser of ( a ) five times the most recent monthly or yearly fee that you paid for a premium service , if any , or ( b ) us $ 1000 .

assistant: Limitation of liability
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 or filing required or permitted to be given to the Company under the Plan shall be sufficient if in writing and hand-delivered, or sent by first class mail to the principal office of the Company, directed to the attention of the Administrator. Such notice shall be deemed given as of the date of delivery, or, if delivery is made by mail, as of the date shown on the postmark.

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: Creamer v. Monumental Properties Inc., 459 Pa. 450, 329 A.2d 812, 817 (1974). The statute further makes available a private cause of action for “[a]ny person who purchases or leases goods or services ... and thereby suffers any ascertainable loss ..., as a result of the use or employment by any person of a method, act or practice declared unlawful.” 73 Pa. Stat. Ann. § 201-9.2(a). Because the loss must occur “as a result” of unlawful conduct under the UTPCPL, “a private plaintiff pursuing a claim under the statute must prove justifiable reliance” on the unlawful conduct, not merely that the wrongful conduct caused plaintiffs injuries. Hunt v. U.S. Tobacco Co., 538 F.3d 217, 221 (3d Cir.2008); see also Yocca v. Pittsburgh Steelers Sports, Inc., 578 Pa. 479, 854 A.2d 425, 438 (2004) (<HOLDING>). Moreover, “a plaintiff bringing an action Options: A. holding that in fraud and nondisclosure claims a plaintiff must show actual and justifiable reliance B. holding that for any utpcpl claim plaintiff must show that he 1 justifiably relied on a defendants wrongful conduct or representation and 2 suffered harm as a result of that reliance C. holding that the opposing party must show substantial harm D. holding that although the defendantattorney did not disclose to the plaintiff his failure to file a claim in a timely manner the limitations period on the legal malpractice claim began to run when the plaintiff could reasonably discern that he suffered some harm caused by the defendants conduct E. holding that complainant must show that he suffered harm from the infringement of his corporate suffrage rights to state a claim under 14a

assistant: The best answer is B. holding that for any utpcpl claim plaintiff must show that he 1 justifiably relied on a defendants wrongful conduct or representation and 2 suffered harm as a result of that reliance
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) 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 Schedule 3.10 , the present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements prior to the Funding Date reflecting such amounts, exceed by more than $25,000,000 the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) did not, as of the date of the most recent financial statements prior to the Funding Date reflecting such amounts, exceed by more than $25,000,000 the fair market value of the assets of all such underfunded Plans.

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: happens to depart from, or return to, his home instead of some other location.” Id. at 1062 (citing Morillion, 22 Cal.4th at 587, 94 Cal.Rptr.2d 3, 995 P.2d 139). However, the Ninth Circuit gave special emphasis to the fact that, dining the uncompensated commute, the plaintiff “was required to drive the company vehicle .... ” Id. at 1061 (emphasis original). As a result of the defendant’s mandatory vehicle policy, the plaintiff “could not stop off for personal errands, could not take passengers, was required to drive the vehicle directly from home to his job and back, and could not use his cell phone while driving except that he had to keep his phone on to answer calls from the company dispatcher.” Id. at 1061-1062 (emphasis original). Severa th 314, 317, 324, 37 Cal.Rptr.3d 460 (2005) (<HOLDING>). As noted, in the instant case, Defendant did Options: A. holding that commute time in company vehicle even where use of the vehicle was restricted nonpersonal uses was not compensable because it was optional B. holding that time was compensable where the crew was required to travel in the employers vehicle to job sites C. holding that travel time is fully compensable D. holding that time was not compensable where the employer provided but did not require use of a shuttle E. holding that plaintiff who slipped and fell on ice while securing cars on his employers motor vehicle carrier preparing to travel was very close to the vehicle and engaged in a task related to the vehicle and therefore was an occupier of a motor vehicle

assistant: The best answer is B. holding that time was compensable where the crew was required to travel in the employers vehicle to job sites