flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as specifically provided otherwise in Sections 5 and 6, you will be 100% vested in the RSUs as of the end of the Restriction Period; provided, however, that in the event you incur a Separation from Service during the Restriction Period after attaining age 55 and completing at least ten years of service with Applied, you will be vested at the end of the Restriction Period in a pro rata portion of the RSUs equal to a fraction the numerator of which is the number of days elapsed in the Restriction Period prior to the date of such Separation from Service and the denominator of which is the full number of days in the Restriction Period.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, $2,000,000 of shares of Preferred Stock with an aggregate Stated Value for each Purchaser equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser as determined by pursuant to Section 2.2(a). The aggregate number of shares of Preferred Stock sold hereunder shall be 2,000. Each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to such Purchasers’ Subscription Amount and the Company shall deliver to each Purchaser its respective shares of Preferred Stock as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of EGS or such other location as the parties shall mutually agree.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty may be executed in counterparts (and by different parties hereto in different counterparts), each of which, when so executed (and any copy of an executed counterpart that is an electronic record), shall constitute an original, and all of which when taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page of this Guaranty by facsimile or other electronic imaging means (e.g. “pdf” or “tif”) shall be effective as delivery of a manually executed counterpart of this Guaranty.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if for any reason you find a defect in the physical storage medium during the warranty period , rovio agrees to replace , free of charge , any physical storage medium and related software discovered to be defective within the warranty period as long as the software is currently commercially distributed by rovio .

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: (Tr. 63). Dale Riley, Assistant Director of the Division of Adult Institutions, described Level I as a modern design with an observation bubble or security control area in each wing where an officer can visually observe all cell doors. The locked doors are controlled from that unit. In contrast, Level II and III are older cell units and there is no comparison with Level I in terms of providing security and observation. (Tr. 120). We are satisfied that the statute and regulations at issue contain neither “particularized substantive standards” to guide decisionmakers, Nash, 781 F.2d at 668, nor “mandatory language requiring decisionmakers to act in a certain way,” id, which would be applicable to an inmate already assigned to administrative segregation. See Williams, 852 F.2d at 378-79 (<HOLDING>). We conclude that the district court did not Options: A. holding that social workers are not entitled to absolute immunity when deciding whether to open or continue an investigation or when deciding to enter a parents name in a central register of abusers all of which are administrative or investigative by nature rather than prosecutorial B. holding that social security regulations and procedures precluded a bivens action C. holding that in deciding whether to request an attorney to represent an indigent plaintiff they should first determine whether the indigents position was likely to be of substance D. holding that regulations 20121010 20121040 and 20212060 did not contain substantive criteria for the committee to use when deciding whether to reclassify an inmate they merely establish procedures E. holding that compliance with an officers orders is a material fact when deciding whether the officers use of force was reasonable

assistant: The best answer is D. holding that regulations 20121010 20121040 and 20212060 did not contain substantive criteria for the committee to use when deciding whether to reclassify an inmate they merely establish procedures
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 personal to the Executive, and shall not be assignable by Executive without the prior written consent of Sherwin-Williams. This Agreement shall be binding upon Sherwin-Williams and its successors and assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: boring” than welding. This contrast weighs in favor of finding the change in job assignments to be materially adverse. See White v. Burlington N., 364 F.3d at 803 (concluding that an employee’s transfer from a forklift operator to a standard railroad track laborer job was an adverse employment action because, in part, “the forklift operator position required more qualifications, which is an indication of prestige”). Moreover, Spees was soon assigned to the night shift, which adversely affected her ability to raise her daughter as a single mother. An “inconvenience resulting from a less favorable schedule can render an employment action ‘adverse’ even if the employee’s responsibilities and wages are left unchanged.” Ginger v. District of Columbia, 527 F.3d 1340, 1344 (D.C.Cir.2008) (<HOLDING>). Although Spees did not describe in detail how Options: A. holding that plaintiff successfully pleaded an adverse employment action based on his assignment to the night shift where plaintiff alleged facts indicating that his duties were so restricted that it is as if he is not a sergeant B. holding that denial of overtime pay is an adverse employment action because it relates to compensation C. holding that switching police officers to a rotating momingafternoonnight shift from a permanent night shift was an adverse employment action because it severely affected their sleep schedules and made it more difficult for them to work overtime and parttime day jobs D. holding that denial of transfer request from a morning to a night shift was not adverse employment action because difference in working hours alone is not sufficient under title vii E. holding that investigatory sessions counseling threats of termination hostile behavior during meeting being made to come to work on day off under false pretenses and being switched to night shift were not materially adverse actions for retaliation claim

assistant: The best answer is C. holding that switching police officers to a rotating momingafternoonnight shift from a permanent night shift was an adverse employment action because it severely affected their sleep schedules and made it more difficult for them to work overtime and parttime day jobs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or bigamy, shall be deemed infamous, and shall forever thereafter be rendered incapable of holding any office of honor, trust, or profit, of voting at any election, of serving as a juror, and of giving testimony in this Territory. The Statute Laws of the Territory of Iowa, Code of Criminal Jurisprudence, Tenth Div., § 109, at 182 (1839). The 1839 statute provides us with a limited window into some specific understanding of the meaning of “infamous crimefs]” of the day. Of course, like Iowa Code section 39.3(8) (2013) today, this statute is not a constitutional test. See Snyder, 958 N.E.2d at 780 (concluding an 1843 Indiana statute enumerating nine infamous crimes was not a present-day constitutional test); see also Green v. City of Cascade, 231 N.W.2d 882, 890 (Iowa 1975) (<HOLDING>). Moreover, the judgment captured by the Options: A. recognizing that while we give respectful consideration to the legislatures understanding of constitutional language we are the final arbiter of the meaning of the iowa constitution B. holding that we must give effect to the plain and ordinary meaning of a statutes language C. holding that we must give the words in statutes their plain and ordinary meaning D. holding that courts must generally give effect to the plain meaning of a statute because that is the best evidence of the legislatures intent E. recognizing that we must give meaning to all the words in the claims

assistant: The best answer is A. recognizing that while we give respectful consideration to the legislatures understanding of constitutional language we are the final arbiter of the meaning of the iowa 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 case excerpt and choose the best holding from the options. Case excerpt: with the contention of the majority that Wyche does not involve any police “promises.” See majority op. at 29 n. 6 ("However, in Thomas, as here, we ultimately found that the defendant's confession was voluntary because there was no evidence of threats, promises, or other improper influences.” (emphasis supplied)). The investigator’s accusation of an in-custody suspect with a completely fabricated felony offense along with the implied or perhaps even explicit promise of the opportunity for exoneration of a crime that the suspect knew he did not commit is a "promise” under my reading of the state and federal confession cases. Judge Ervin’s dissent below and Justice Anstead’s dissent here express similar views. 30 . United States v. Cruz-Mendez, 467 F.3d 1260, 1265 (10th Cir.2006) (<HOLDING>); United States v. Simpson, 259 Fed.Appx. 164, Options: A. holding that the mere assertion of constitutional right to refuse consent to search does not supply probable cause to search B. holding that while search incident to arrest could not justify search in that case probable cause plus exigency justified search C. holding that consent searches do not require probable cause to justify the search of a home D. holding that the searehincidenttoalawfularrest rule does not apply to a warrantless search that provides the probable cause for the subsequent arrest because one cannot justify the arrest by the search and then simultaneously justify the search by the arrest E. holding that reasoning which would justify the arrest by the search and at the same time justify the search by the arrest will not do

assistant: The best answer is C. holding that consent searches do not require probable cause to justify the search of a home
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: you agree to indemnify and hold nintendo , its affiliates and subsidiaries harmless from and against any loss , liability or claim ( including reasonable attorney fees ) arising out of or in connection with your use of the nintendo account service in an unlawful manner or otherwise in breach of the terms of this agreement ( including , without limitation , the nintendo code of conduct ) .

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: At any time and from time to time until payment in full of the Indebtedness, the Mortgagor will, at the reasonable request of the Mortgagee, promptly execute and deliver to the Mortgagee such additional instruments as may be reasonably required further to evidence the lien of this Mortgage and further to protect the security interest of the Mortgagee with respect to the Mortgaged Property including, without limitation, additional security agreements, financing statements and continuation statements. Any reasonable expenses incurred by the Mortgagee in connection with the preparation and recordation of any such instruments, including, but not limited to reasonable attorneys’ fees, shall become additional Indebtedness of the Mortgagor secured by this Mortgage. Unless the Mortgagor and the Mortgagee agree in writing to other terms of repayment, such amounts shall be immediately due and payable, and shall bear interest at the annual rate then in effect on the Note, unless collecting from the Mortgagor of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate which may be collected from the Mortgagor under applicable law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 484, 771 A.2d 1220 (2001). Under our State Constitution, we have heightened requirements to ensure that the waiver of the right to refuse a consent search is voluntarily and knowingly exercised. In State v. Johnson, we held that under Article I, Paragraph 7, if “the State seeks to justify a search on the basis of consent it has the burden of showing that the consent was voluntary, an essential element of which is knowledge of the right to refuse consent.” 68 N.J. 349, 353-54, 346 A.2d 66 (1975). Indeed, New Jersey is one of a small minority of jurisdictions in the country requiring the State to prove, as a precondition to the validity of a consent search, that a person have knowledge of his right to refuse to give consent. See State v. Brown, 356 Ark. 460, 156 S.W.3d 722, 724 (2004) (<HOLDING>); State v. Ferrier, 136 Wash.2d 103, 960 P.2d Options: A. holding that persons knowledge of his right to refuse a consent to search is a factor but not a necessary prerequisite to demonstrating a voluntary consent B. holding under state constitution that validity of consent search requires knowledge of right to refuse consent C. holding that police must prior to entering the home inform the person from whom consent is sought that he or she may lawfully refuse to consent to the search D. holding that a home dweller must be advised of his or her right to refuse consent in order to validate a consensual search under the arkansas constitution E. holding that the mere assertion of constitutional right to refuse consent to search does not supply probable cause to search

assistant: The best answer is D. holding that a home dweller must be advised of his or her right to refuse consent in order to validate a consensual search under the arkansas 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 legal provision and list the applicable contract clause categories. Provision: (a) Keep all property useful and necessary in its business in good working order and condition, ordinary wear and tear excepted, except to the extent the failure to do so could not reasonably be expected to have a Material Adverse Effect and (b) maintain with reputable insurance companies insurance on all its property in at least such amounts and against such risks (but including in any event public liability) as are usually insured against in the same general area by companies engaged in the same or a similar business.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: well-being, and failed to comply with the provisions of a court order that established the actions necessary to obtain the children’s return. See Tex. Fam. Code Ann. § 161.001(b)(1)(D), (E), (O) (West Supp. 2016). The jury also found that clear and convincing evidence showed that termination of S.J.’s and B.P.T.’s parental rights is in the children’s best interest. See id. § 161.001(b)(2). Both appellants’ court-appointed appellate attorneys have filed motions to withdraw and Anders briefs, in support of those motions, stating that after diligently reviewing the record, they believe that an appeal is frivolous. See Anders v. California, 386 U.S. 738, 744-45, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967); see also In re K.M., 98 S.W.3d 774, 776-77 (Tex.App.— Fort Worth 2003, no pet.) (<HOLDING>). The briefs meet the requirements of Anders by Options: A. holding that in parental termination proceedings the parent is entitled to effective assistance of counsel B. recognizing that the statutory right to counsel in parental termination cases requires that the appointed counsel provide effective assistance C. recognizing this substantial interest in context of termination of parental rights D. holding that anders procedures apply in parental termination cases E. recognizing that where the juvenile code sets forth specific procedures governing termination actions those procedures apply to the exclusion of the rules of civil procedure

assistant: The best answer is D. holding that anders procedures apply in parental termination cases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Credit Party shall enter into any transaction with any of its Affiliates, officers, directors, employees, shareholders or other insiders, except in the ordinary Course of business of the Credit Parties and upon fair and reasonable terms that are no less favorable to the Credit Parties than it would obtain in a comparable arm’s length transaction with a Person not an Affiliate of the Credit Parties; provided that the Borrower’s proposed acquisition of YLK Partners NV, LLC shall not be deemed to be a violation of this Section.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Executive shall: (i) receive a base salary at an annualized rate of $600,000 (such annualized amount, the “ Base Salary ”), payable in accordance with the Company’s regular payroll practice for its senior executives, as in effect from time to time and (ii) continue to participate in the Company’s annual management incentive plan referenced in Section 4(b) of the Employment Agreement (the “ AIP ”), with a target annual incentive bonus opportunity for the 2017 fiscal year equal to 100% of Base Salary. For the avoidance of doubt, all references in the Existing Agreements to the Executive’s Base Salary and annual incentive bonus award shall, effective as of the Effective Date, be deemed to refer to the Base Salary and annual incentive opportunity described in this Section 3(a) above. For the further avoidance of doubt, the Executive’s annual cash incentive bonus award under the AIP for the Company’s 2016 fiscal year shall be determined in the ordinary course, consistent with the determination and payment of such bonuses for senior executives of the Company. Any annual incentive awards payable to the Executive shall be paid at the time the Company normally pays such bonuses to its senior executives in accordance with the terms of the AIP, but in no event later than March 15 of the calendar year following the calendar year in which such cash bonuses are earned.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any default hereunder, the non-defaulting party may proceed to protect and enforce its rights either by suit in equity and/or by action at law, including but not limited to an action for damages as a result of any such default, and/or an action for specific performance for any default where the Warrantholder will not have an adequate remedy at law and where damages will not be readily ascertainable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is not required to obtain any consent from, authorization or order of, or make any filing or registration with (other than the filing with the SEC of one or more Registration Statements in accordance with the requirements of the Registration Rights Agreement, a Form D with the SEC, obtaining the Company Stockholder Approval, the filings required pursuant to Sections 4.3 and 4.9 , and any other filings, notices or applications as may be required by any state securities agencies), any court, governmental agency or any regulatory or self-regulatory agency or any other Person in order for it to execute, deliver or perform any of its respective obligations under, or contemplated by, the Transaction Documents, in each case, in accordance with the terms hereof or thereof. Assuming the Company Stockholder Approval is obtained, there is no requirement for the Company to obtain approval of the Principal Market for listing or trading of the “ Registrable Securities ” (as defined in the Registration Rights Agreement) which constitute Common Stock.

assistant: Consents
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: Indemnitee shall, as a condition precedent to Indemnitee’s right to be indemnified under this Agreement, give the Company notice in writing as soon as practicable of any Claim made against Indemnitee for which indemnification will or could be sought under this Agreement. In addition, Indemnitee shall give the Company such information and cooperation as it may reasonably require and as shall be within Indemnitee’s power.

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 legal provision and list the applicable contract clause categories. Provision: Borrowers shall pay (i) all reasonable and documented out-of-pocket expenses incurred by Agent and its Affiliates (including the reasonable and documented fees, charges and disbursements of counsel for Agent), and shall pay all fees and time charges and disbursements for attorneys who may be employees of Agent, in connection with the syndication of the credit facilities provided for herein, the preparation, negotiation, execution, delivery and administration of this Agreement and the Other Documents or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) all reasonable and documented out-of-pocket expenses incurred by Issuer in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder, (iii) all documented out-of-pocket expenses incurred by Agent, any Lender or Issuer (including the documented fees, charges and disbursements of any counsel for Agent, any Lender or Issuer), and shall pay all fees and time charges for attorneys who may be employees of Agent, any Lender or Issuer, in connection with the enforcement or protection of its rights (A) in connection with this Agreement and the Other Documents, including its rights under this Section, or (B) in connection with the Advances made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit, and (iv) all reasonable out-of-pocket expenses of Agent’s regular employees and agents engaged periodically to perform audits of the any Borrower’s or any Borrower’s Affiliate’s or Subsidiary’s books, records and business properties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment, and terms and provisions hereof, the Credit Agreement and the other Loan Documents constitute the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior or contemporaneous amendments or understandings with respect to the subject matter hereof, whether express or implied, oral or written and is the final expression and agreement of the parties hereto with respect to the subject matter 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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall be deemed to be a contract under the laws of the State of Florida, and for all purposes shall be governed by and construed and enforced in accordance with the laws of said State, without regard to the principles of conflicts of laws thereof.

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: includes a complete failure to engage in discovery and failure to appear at depositions and hearings set by the court. Most significantly, Hales and Comstar failed to engage counsel admitted to practice before the district court for a period of twenty-five months, from the inception of the lawsuit until the very day before the hearing at which they were required to show cause why default should not be entered against them. This conduct provides ample basis for a grant of default judgment. See, e.g., Ackra, 86 F.3d at 857 (finding that defendant’s failure to obtain substitute counsel, respond to discovery, and comply with orders of the court provided ample basis for district court’s grant of default judgment for $1.2 million); Comiskey v. JFTJ Corp., 989 F.2d 1007, 1009 (8th Cir.1993) (<HOLDING>). Hales and Comstar rely primarily on Seventh" Options: A. holding that dismissal for failure to comply with discovery orders is on the merits B. holding default was the appropriate remedy for failure to comply with numerous court orders and discovery requests C. holding that not only must discovery requests be reasonably tailored to include only matters relevant to case but discovery requests may not be used as fishing expedition or to impose unreasonable discovery expenses on opposing party D. holding that with respect to discovery abuses prejudice from unreasonable delay is presumed and failure to comply with court orders mandating discovery is sufficient prejudice E. holding that party must comply with notice and cure provisions before seeking remedy for default under contract

assistant: The best answer is B. holding default was the appropriate remedy for failure to comply with numerous court orders and discovery requests
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 488 U.S. 152 109 S.Ct. 546 102 L.Ed.2d 444 Edward McNAMARA, appellant,v.COUNTY OF SAN DIEGO DEPARTMENT OF SOCIAL SERVICES. No. 87-5840. Supreme Court of the United States December 6, 1988 PER CURIAM. 1 The appeal is dismissed for want of a properly presented federal question.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for various larcenies, see Stansbury v. Wertman, 721 F.3d 84, 94 (2d Cir. 2013) (concluding that officer had probable cause to effect arrest where, inter alia, arrestee had “previous arrest for a similar crime”); and (4) Coderre had failed to r s and conclude that they are without merit. We, therefore, AFFIRM the judgment of the district court. 1 . Although the district court resolved this issue on the basis of qualified immunity — and the corresponding standard of arguable probable cause — we need not reach the arguable probable cause question here. Because a corrected affidavit would still provide probable cause to arrest Coderre, the record does not show a violation of Coderre’s Fourth Amendment right. See Pearson v. Callahan, 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (<HOLDING>), overruling in part Saucier v. Katz, 533 U.S. Options: A. holding that defendants are not entitled to qualified immunity B. holding appellate courts have jurisdiction over the district courts orders rejecting as a matter of law qualified immunity raised in a motion to dismiss C. holding that qualified immunity is not merely immunity from damages but also immunity from suit D. holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted E. holding that courts have discretion to decide in which order to address prongs of qualified immunity analysis

assistant: The best answer is E. holding that courts have discretion to decide in which order to address prongs of qualified immunity analysis
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: actions, and is not a means whereby solely egregious retaliatory acts are allowed to proceed past summary judgment. Thaddeus-X, 175 F.3d at 398 (emphasis added); see also Bart, 677 F.2d at 625. Thus, unless the claimed retaliatory action is truly “inconsequential,” the plaintiffs claim should go to the jury. Thaddeus-X, 175 F.3d at 398. Applying this standard in Thaddeus-X, a majority of the en banc court decided to remand Bell’s retaliation claims to the district court for determination of whether “there is a genuine issue of material fact regarding the deterrent effect of the claimed deliberate harassment and cold meals that would continue unless and until he dropped his lawsuit against the warden.” e that 1986) (same); Hall v. Sutton, 755 F.2d 786, 787-88 (11th Cir.1985) (<HOLDING>); see also Zimmerman v. Tribble, 226 F.3d 568, Options: A. holding that an inmate may still present a first amendment retaliation claim even though the complaint alleges facts that might not otherwise be offensive to the constitution such as a search or the confiscation and destruction of nonlegal materials B. recognizing first amendment petition right where inmate alleged retaliation for filing grievances C. holding that inmate alleged sufficient facts to state a claim of first amendment retaliation based upon the alleged confiscation of his tennis shoes in retaliation for a prior lawsuit against prison officials D. holding that an inmate has a first amendment right to file grievances against prison officials E. recognizing first amendment retaliation right

assistant: The best answer is C. holding that inmate alleged sufficient facts to state a claim of first amendment retaliation based upon the alleged confiscation of his tennis shoes in retaliation for a prior lawsuit against prison officials
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive agrees that he will cooperate fully with the Company and its counsel, upon their request, with respect to any potential or pending proceeding (including, but not limited to, any litigation, arbitration, regulatory proceeding, investigation or governmental action) that relates at least in part to matters with which Executive was involved while he was an employee of the Company or any of its affiliates, or with which he has knowledge. Executive agrees to render such cooperation in a timely fashion and to provide Company personnel and counsel with the full benefit of his knowledge with respect to any such matter, and will make himself reasonably available for interviews, depositions, or court appearances at the request of the Company or its counsel. Executive also agrees to timely complete, after receipt from the Company, a Director & Officer Questionnaire covering 2016 in January 2017 and to provide other information reasonably required for the Company’s proxy disclosures. The Company and Executive acknowledge and agree that, as of the Effective Date, the 10b5-1 Trading Plan dated September 8, 2016 between the Company and Executive is terminated.

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: was not implicated where there was “no causal relationship between the damages alleged by [pjlaintiff and any failure by [defendant] to register as a motor carrier”); see also D.V.C. Trucking, Inc. v. RMX Global Logistics, No. Civ. A. 05-CV-00705, 2005 WL 2044848, at *4 (D.Colo. Aug. 24, 2005) (concluding, in an unreported decision, that section 14707 had no application to the case where the complaint itself alleged that defendant was registered); see also Ford v. Allied Van Lines Inc., No. CIV. 3:96CV2598(AHN), 1997 WL 317315, at *3 (D.Conn. June 3, 1997) (concluding, in an unreported decision, that section 14707 was not applicable to the case where plaintiff did not allege a failure to register); cf. Greyhound Lines, Inc. v. Monroe Bus Corp., 309 F.Supp.2d 104, 108-10 (D.D.C.2004) (<HOLDING>); Hall, 2002 WL 1835469, at *10-11 (concluding Options: A. holding that defendant had qualified immunity under section 19853 claim where underlying claim failed as a matter of law B. holding that claim brought under section 1983 of the civil rights act constituted a personal injury tort claim because section 1983 confers a general remedy for injuries to personal rights C. holding that a county was entitled to summary judgment where the claims against the individual defendants had failed D. holding that carrier was entitled to summary judgment on claim regarding false statements that claimants were not entitled to coverage because the claim was limited to complaints about delays claim handling and disputes regarding entitlement to benefits E. holding that defendants were not entitled to summary judgment on a claim brought against them under section 14707 where the claim alleged a failure of defendant to register as required by section 13901

assistant: The best answer is E. holding that defendants were not entitled to summary judgment on a claim brought against them under section 14707 where the claim alleged a failure of defendant to register as required by section 13901
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 has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports” ) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The Company has never been an issuer subject to Rule 144(i) under the Securities Act. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP” ), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

assistant: Financial Statements
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: from compelled disclosure conversations and other communicative conduct (“correspondence, actions and occurrences”) which relate to diagnosis or treatment, but not the diagnosis itself. See Commonwealth v. Lamb, 365 Mass. 265 (1974) (G. L. c. 233, § 20B “applies to communications”); Commonwealth v. Mandeville, 386 Mass. 393, 408 (1982) (G. L. c. 233, § 20B “grants to a ‘patient’ the privilege of preventing a witness from disclosing any communications made between himself and his ‘psychotherapist’ ”); Petitions of the Dept. of Social Servs. to Dispense with Consent to Adoption, 399 Mass. 279, 287 (1987) (“records are privileged if they contain the communications or notes of communications between the patient and a psychotherapist”). Cf. Commonwealth v. Kobrin, 395 Mass. 284, 294 (1985) (<HOLDING>); Adoption of Seth, 29 Mass. App. Ct. 343, 353 Options: A. holding that a hospitals records of a patients treatment for alcoholism were protected by the physicianpatient privilege emphasis added and were therefore not discoverable in an action attempting to prove that the patient had a problem with alcohol B. holding that educational records are not privileged under ferpa C. holding the trial court erred in ordering the transcription of grand jury proceedings so that it could intervene in the operations of the grand jury D. holding that the first amendment protects the right to criticize a grand jury investigation E. holding in context of grand jury investigation into medicaid fraud that patient diagnosis is not privileged but portions of records that reflect patients thoughts feelings and impressions or contain the substance of the psychotherapeutic dialogue are protected

assistant: The best answer is E. holding in context of grand jury investigation into medicaid fraud that patient diagnosis is not privileged but portions of records that reflect patients thoughts feelings and impressions or contain the substance of the psychotherapeutic dialogue are protected
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 restrictions imposed by the pre-filing injunction. In the future, Baum may file a Rule 60(b)(5) motion to modify or dissolve the pre-filing injunction if changed factual circumstances warrant that action, and the district court’s ruling on that motion will be appealable. 28 U.S.C. § 1292(a)(1). This pre-filing injunction is not a punishment; it is merely a tool to ensure that Baum does not continue to engage in abusive litigation practices. If Baum violates the pre-filing injunction, as modified by this opinion, then he would be subject to a criminal contempt prosecution. In this case, the Order to Show Cause gave notice (1) that Douglas Baum might be held in criminal contempt and (2) that the district court might impose a broad pre-filing injunction. See Cromer, 390 F.3d at 819-20 (<HOLDING>). Baum was given notice and an opportunity to Options: A. holding that notice of judgment was insufficient B. holding that notice to the attorney of record constitutes notice to the petitioner C. holding that notice of a possible finding of contempt rarely provides adequate notice of a prefiling injunction D. holding that notice to supervisor is notice to city E. holding that actual notice by mail in conjunction with published notice was best possible notice satisfying rule 23c

assistant: The best answer is C. holding that notice of a possible finding of contempt rarely provides adequate notice of a prefiling injunction
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: 61. Immediately upon the officers’ entry, Mr. Miles stepped forward. Id. at 17. One officer saw a gun in plain view and asked to whom it belonged; Mr. Miles admitted that the gun was his. Id. at 17-18. A grand jury returned a two-count indictment against Mr. Miles. I R., Doc. 1. When his motion to suppress the gun and certain incriminating statements was denied, I R., Doc. 32, Mr. Miles entered a conditional plea of guilty to Count I of the indictment — possessing a firearm after conviction of a felony. I R., Doc. 36. This appeal followed. Discus Yvette Sugura consented to the search of her apartment, Aplee. Br. at 15-23, and that the search was supported by exigent circumstances. Id. at 12-15; see also Steagald v. United States, 451 U.S. 204, 216, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981) (<HOLDING>). Because we hold that Ms. Sugura’s consent was Options: A. holding that in the absence of consent or exigent circumstances a law enforcement officer must procure a search warrant before searehing for the subject of an arrest warrant in the home of a third party B. holding that an arrest warrant can authorize entry into a dwelling only where the officials executing the warrant have reasonable or probable cause to believe the person named in the warrant is within C. holding that in die absence of exigent circumstances the mere existence of probable cause does not justify a nonconsensual entry by police into a home without an arrest or search warrant D. holding that absent consent or exigent circumstances law enforcement officers cannot legally search for the subject of an arrest warrant in the home of a third party without first obtaining a search warrant E. holding that arrest warrant does not authorize search of thirdparty dwelling in which arrestee does not reside in the absence of consent or exigent circumstances

assistant: The best answer is E. holding that arrest warrant does not authorize search of thirdparty dwelling in which arrestee does not reside in the absence of consent or exigent circumstances
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 Obligor shall keep accurate and complete records of its Accounts, including all payments and collections thereon, and shall submit to Agent sales, collection, reconciliation and other reports in form satisfactory to Agent, on such periodic basis as Agent may request. Borrower Agent shall also provide to Agent, on or before the 20th day of each month, a detailed aged trial balance of all Accounts of each Borrower as of the end of the preceding month, specifying each Account’s Account Debtor name and address, amount, invoice date and due date, showing any discount, allowance, credit, authorized return or dispute, and including such proof of delivery, copies of invoices and invoice registers, copies of related documents, repayment histories, status reports and other information as Agent may reasonably request. If Accounts of any Borrower Group in an aggregate face amount of $2,500,000 or more cease to be Eligible Accounts, Borrower Agent shall notify Agent of such occurrence promptly (and in any event within one Business Day) after any Obligor has knowledge thereof.

assistant: Records
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: Capitalized terms used but not otherwise defined in this Security Agreement shall have the meanings ascribed to them in the Credit Agreement. For the purposes of this Security Agreement, the following capitalized words and phrases shall have the meanings set forth below.

assistant: Defined Terms