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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account , and you agree to accept responsibility for all activities that occur under your account or password .

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: In case any provision in or obligation hereunder shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or such provisions or obligations in any other jurisdiction, shall not in any way be affected or impaired thereby (it being understood that the invalidity, illegality or unenforceability of a particular provision in a particular jurisdiction shall not in and of itself affect the validity, legality or enforceability of such provision in any other jurisdictions). The parties hereto shall endeavor in good faith negotiations to replace any invalid, illegal or unenforceable provisions with valid, legal and enforceable provisions the economic effect of which comes as close as reasonably possible to that of the invalid, illegal or unenforceable provision.

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: 42 of the United States Code is a federal statute which “provides a civil remedy against any ‘person’ who, under color of state law, subjects a ‘citizen of the United States’ to the ‘deprivation of any rights, privileges, or immunities’ secured by the federal Constitution or federal laws.” Bayh v. Sonnenburg, 573 N.E.2d 398, 402 (Ind.1991) (quoting 42 U.S.C. § 1983). “By the plain terms of § 1983, two — and only two — allegations are required in order to state a cause of action under that statute.” Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980). A § 1983 claim need only allege that “some person has deprived [the claimant] of a federal right” and that person “acted under color of state or territorial-law.” Id. See In re Tina T., 579 N.E.2d 48, 62 (Ind.1991) (<HOLDING>). Among other things, Thornton’s complaint Options: A. holding that to rebut presumption plaintiff need only allege specific facts not plead evidence B. holding a plaintiff must allege the violation of a right secured by the constitution and laws of the united states to state a claim under 1983 C. holding private actors are not acting under the color of state law for the purposes of section 1983 liability D. holding that to prevail on a 1983 claim a plaintiff must allege that the defendant acted under color of state law in other words that there was state action E. recognizing that to sufficiently plead a 1983 claim a plaintiff need allege only that some person acting under color of state law has deprived the claimant of a federal right citing green v maraio 722 f2d 1013 1016 2d cir1983

assistant: The best answer is E. recognizing that to sufficiently plead a 1983 claim a plaintiff need allege only that some person acting under color of state law has deprived the claimant of a federal right citing green v maraio 722 f2d 1013 1016 2d cir1983
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: for example , users living in the european union have the right to cancel their paid account subscriptions within 14 days of signing up for , upgrading to or renewing a paid 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 legal provision and list the applicable contract clause categories. Provision: Effective upon the closing of the transactions contemplated by the Purchase Agreement (the “ Closing Date ”) and in exchange for the consideration paid directly or indirectly to the Restricted Parties under the Purchase Agreement and other good and valuable consideration, each Restricted Party, hereby releases and forever discharges the Company and each of its agents, attorneys, representatives, directors, managers, officers, employees, predecessors, successors and assigns (together with the Company, each, a “ Company Party ” and, collectively, the “ Company Parties ”), of and from any and all Claims (as defined below) which such Restricted Party now has, ever has had, or ever claims to have had against any of the Company Parties arising from or related in any manner to the indirect ownership relationship between any of the Company Parties, on the one hand, and the Restricted Party, on the other hand, on or before the Closing Date. In addition, each Restricted Party acknowledges and agrees that there are no accrued but unpaid dividends, management fees or similar payments owing from the Company to such Restricted Party. Notwithstanding the foregoing, the Restricted Parties do not release or discharge any Claims arising out of or relating in any way to (a) the Purchase Agreement, the agreements set forth as exhibits to the Purchase Agreement or the Ancillary Documents (as defined in the Purchase Agreement) executed in connection therewith, (b) any consideration payable to the Restricted Parties pursuant to, or arising out of the Purchase Agreement, (c) any rights available to such Restricted Party or any such board designee in his, her or its capacity as an officer, director, manager or member of the Company or any of its Subsidiaries under the indemnification provisions contained in the organizational documents of the Company (including, for the avoidance of doubt, the Company’s limited liability company agreement (or equivalent)) and its Subsidiaries or applicable law, or (d) any compensation, benefits, or reimbursement of expenses payable by any Company Party to Restricted Parties as an employee or independent contractor of the Company.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: uber shall not be liable for any damages , liability or losses arising out of : ( i ) your use of or reliance on the services or your inability to access or use the services ; or ( ii ) any transaction or relationship between you and any third party provider , even if uber has been advised of the possibility of such damages .

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 case excerpt and choose the best holding from the options. Case excerpt: v. Tucker and Assocs., 125 Idaho 429, 432, 871 P.2d 846, 849 (Ct.App.1994). Petersen’s motion satisfies neither the “particularity” nor the “relief or order sought” criteria of Rule 7(b), for it neither tells the claimant what grounds for objection he must be prepared to meet at the hearing nor discloses whether the relief sought is complete disallowance of all the requested fees and costs or only a portion thereof. Petersen asserts that his motion to disallow attorney fees on its face provided adequate notice to Nanney and that the particular reasons for the objection could only be detailed at the hearing on his motion because, until Nanney’s counsel could be examined, it could not be known whether the fee agreement was on a per-hour or a contingency basis o 080, 1085 (Ct.App.1984) (<HOLDING>). Accordingly, when no ground for objection at Options: A. holding that objection was timely even though objection was not made until after question was answered B. holding that objection on grounds of relevance does not preserve an objection for lack of authentication C. holding that where defense counsel made a timely objection and it was overruled by the trial court a further request for a mistrial was unnecessary and futile since the reasons for the objection were apparent and the trial courts denial of the objection indicated its belief the jury could properly hear the matter which was the subject of the objection D. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court E. holding that because appenants initial objection in trial court did not mention lack of verification of the cost memorandum objection on that basis was not timely

assistant: The best answer is E. holding that because appenants initial objection in trial court did not mention lack of verification of the cost memorandum objection on that basis was not timely
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 information, asserting three constitutional challenges to § 28-320.02. He alleged that the statute was facially vague, a violation of his right of free speech, and an impermissible regulation of an instrumentality of interstate commerce. The district court overruled his motion to quash without comment. A jury trial was conducted on June 13 through 15, after which the jury returned a verdict of guilty. On June 17, 2005, Liston filed a notice of appeal from the district court’s overruling of his motion to quash. The Nebraska Court of Appeals, however, summarily dismissed the appeal for lack of jurisdiction pursuant to Neb. Ct. R. of Prac. 7A(2) (rev. 2001). State v. Liston, 13 Neb. App. lxxii (No. A-05-752, July 27, 2005), citing State v. Pruett, 258 Neb. 797, 606 N.W.2d 781 (2000) (<HOLDING>). On August 31, Liston was sentenced to 3 Options: A. holding that denial of motion to vacate discovery order and to quash subpoena issued pursuant to 28 usc 1782 constitutes final appealable decision B. holding that overruling of motion to quash does not affect substantial right and is therefore not final appealable order C. holding that a denial of a motion to quash a grand jury subpoena is not final and therefore not appealable D. holding that an order denying a motion to vacate a 1782 order and denying a motion to quash the subpoena was immediately appealable E. holding an order allowing a motion under rule 60b is not immediately appealable because it is interlocutory and does not affect a substantial right

assistant: The best answer is B. holding that overruling of motion to quash does not affect substantial right and is therefore not final appealable order
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 provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof but shall be interpreted as if it were written so as to be enforceable to the maximum extent permitted by applicable law, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereby waive any provision of law which renders any provision hereof prohibited or unenforceable in any respect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: basic accounts may be deleted from the vimeo service if they remain inactive ( i.e. , the user fails to log in ) for a continuous period of at least six ( 6 ) months .

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: contract claims under general liability policies. See Keystone Filler & Mfg. Co., Inc. v. American Mining Ins. Co., 179 F.Supp.2d 432 (M.D.Pa.2002); Redevelopment Auth. of Cambria County v. Int’l Ins. Co., 454 Pa.Super. 374, 685 A.2d 581 (1996) (en banc); see also Augenblick v. Nationwide Ins. Co., No. 99-3419, 1999 WL 975118 (E.D.Pa. Oct.8, 1999). General liability policies provide the insured coverage for personal injury or property damage resulting from an “occurrence,” and are intended “to protect the insured from liability fo e in Redevelopment Authority — that there is no ‘occurrence’ if the underlying claim is one merely for breach-of-contract — has been followed by numerous state and federal courts sitting in Pennsylvania.”) (citing cases); Augenblick, 1999 WL 975118, at *2, 5 (<HOLDING>). In contrast to those cases, U.S. Specialty’s Options: A. holding that law will not permit insured to profit from his own breach of contract when insured disregarded his contractual obligation to cooperate with insurer B. holding party in breach could not maintain suit for breach of contract C. holding that insureds breach of contract suit against insurer raised a coverage issue which was not settled by insurers payment of only part of what insured was claiming in breach of contract action D. holding immaterial breach did not constitute breach of contract E. holding insurer did not have to cover insured for a breach of contract because it was not an accident

assistant: The best answer is E. holding insurer did not have to cover insured for a breach of contract because it was not an accident
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 identity, authority and purpose, unless exigent circumstances require his immediate forcible entry. (c) If the officer is not .admitted after such reasonable period, he may forcibly enter the premises and may use as much physical force to effect entry therein as is necessary to execute the Search. See also Commonwealth v. McDonnell, 512 Pa. 172, 516 A.2d 329 (1986). Here, the warrant authorized a search of the defendant’s second floor apartment at 925 South Queen Street. Given this description, we believe that it was reasonable for the police to open the unlocked front door without knocking and enter the vestibule area. This area contained mailboxes, stairs and the door to what appeared to be a first floor apartment. See United States v. Acosta, 965 F.2d 1248 (3rd Cir. 1992) (<HOLDING>). Detective Roberts thereafter yelled up Options: A. holding that the defendant had a duty to retreat from the doorway between his apartment and the apartment hallway because that area functioned as a hybrid privatepublic space B. holding that a dog sniff outside the defendants door in his apartment building was not a search within the meaning of the fourth amendment so long as the police were lawfully present in the hallway when the search occurred C. holding that the defendant had no expectation of privacy in the hallway of an apartment building where the building door was unlocked and the hallway was easily accessible to the public D. holding that defendants lacked a reasonable expectation of privacy in common area of residential building E. holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building

assistant: The best answer is C. holding that the defendant had no expectation of privacy in the hallway of an apartment building where the building door was unlocked and the hallway was easily accessible to the public
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 Note, the Security Agreements, the Mortgages and the other Loan Instruments to which any Maker is a party constitute valid and legally binding obligations of each such Maker, enforceable in accordance with their respective terms, subject to applicable bankruptcy, insolvency or similar laws affecting the rights of creditors generally and to general principles of equity, whether asserted in an action at law or in equity.

assistant: Enforceability
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 provision of this Agreement is to be interpreted for or against any party because that party or that party’s legal representative drafted such provision. Pronouns, wherever used herein, and of whatever gender, shall include natural persons and corporations and associations of every kind and character, and the singular shall include the plural wherever and as often as may be appropriate. Whenever the terms “hereof”, “hereby”, “herein”, or words of similar import are used in this Agreement they shall be construed as referring to this Agreement in its entirety rather than to a particular Section or provision, unless the context specifically indicates to the contrary. Whenever the words “include” and “including” are used herein, they shall be construed to mean “including, without limitation”. Any reference to a particular “Article” or a “Section” shall be construed as referring to the indicated Article or Section of this Agreement unless the context indicates to the contrary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to Grant to accommodate situation where appellant’s sentence of seven days time served was too short to raise ineffectiveness claim in PCRA petition). But see Commonwealth v. Millward, 830 A.2d 991 (2003) (declining to apply Salisbury/Ingold exception, where appellant was sentenced to 90 days’ imprisonment and a concurrent 3 years’ probation and still had almost two years to litigate PCRA petition). ¶ 29 The Salisbury/Ingold exception is premised on the PCRA statute at 42 Pa. C.S.A. § 9543(a)(1)(f) (referring to PCRA’s eligibility requirement that petitioner is “at the time relief is granted” currently serving sentence of imprisonment, probation or parole for crime on which petition is based) and the Supreme Court’s decision in Commonwealth v. Ahlborn, 548 Pa. 544, 699 A.2d 718 (1997) (<HOLDING>). ¶ 30 Instantly, appellate counsel has raised Options: A. holding that a habeas petitioner must be in custody under the conviction or sentence under attack at the time his petition is filed B. holding that a petitioner may amend a habeas petition rather than filing a second or successive petition when the first petition has not yet reached a final decision C. holding that under section 9543a1 a pcra petitioner is not eligible for relief where the petitioner has completed serving the sentence before final adjudication on the petition D. holding pcra statute requires that petitioner must be currently serving sentence of imprisonment parole or probation on underlying crime not only when petition is filed but also when decision on petition is rendered E. holding that probation is not a sentence

assistant: The best answer is D. holding pcra statute requires that petitioner must be currently serving sentence of imprisonment parole or probation on underlying crime not only when petition is filed but also when decision on petition is rendered
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 the terms and conditions of this Agreement, the Seller hereby agrees to sell to the Company, and the Company hereby agrees to purchase from the Seller, the Shares at a price per Share equal to $1.62, which represents the average closing price of the Common Stock on the NASDAQ Capital Market over the ten [10] trading days immediately preceding the date hereof (the "Per Share Purchase Price").

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 Closing shall take place on the Closing Date at the office of Loeb & Loeb, LLP, 345 Park Avenue, New York, NY 10154 or at such other location as agreed to by the parties. Notwithstanding the location of the Closing, each party agrees that the Closing may be completed by the exchange of undertakings between the respective legal counsel for Selling Shareholder, FH and GSI, provided such undertakings are satisfactory to each party’s respective legal counsel.

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 case excerpt and choose the best holding from the options. Case excerpt: by first assuming that appellant was the perpetrator of the murder and then working backwards. The evidence does not prove that appellant had an opportunity to kill the victim. Instead, it proves that appellant was present at the crime scene after the murder, but mere presence is not enough to prove guilt. See Solomon v. State, 49 S.W.3d 356, 361 (Tex.Crim.App.2001); Medina, 7 S.W.3d at 641; Miles v. State, 918 S.W.2d 511, 515 (Tex.Crim.App.1996). Failing to notify authorities of a crime is also not enough. See Medina, 7 S.W.3d at 641. Although courts have upheld murder convictions based solely on circumstantial evidence, such cases have often involved proof of motive in addition to other incriminating circumstances. See Ates v. State, 21 S.W.3d 384, 390 (Tex.App.-Tyler 2000, no pet.) (<HOLDING>); Reeves v. State, 969 S.W.2d 471, 479 Options: A. recognizing and discussing importance of privacy interests of victims in context of newspapers request for court to order governments disclosure of victims identity B. holding that jury may consider victims mental capacity in determining whether defendant acted with victims knowledge and consent C. holding that the offense of sexual battery requires the state prove the victims lack of consent regardless of the victims age and charge the jury on the same D. holding that proof of motive could be inferred from absence of victims purse and victims refusal of defendants sexual advances E. holding that a prosecutors motive may often be inferred from the totality of relevant facts

assistant: The best answer is D. holding that proof of motive could be inferred from absence of victims purse and victims refusal of defendants sexual advances
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 afford the Buyers and their counsel with the opportunity to review and comment upon the form and substance of, and shall give reasonable consideration to all such comments from the Buyers or their counsel on, the portion(s) of any press release, SEC filing or any other public disclosure by or on behalf of the Company relating to the Buyers or their purchases hereunder, any of the Transaction Documents or the transactions contemplated thereby. Notwithstanding anything to the contrary contained herein, the Company shall not be required to provide the Buyers with advance notice of any press release, SEC filing or any other public disclosure by or on behalf of the Company relating to the Buyers, their purchases hereunder or any aspect of the Securities, the Transaction Documents or the transactions contemplated thereby to the extent the disclosure is materially consistent with disclosure previously reviewed by the Buyers or if the only change to such previously reviewed disclosure is to reflect additional purchases of Securities effected pursuant to this Agreement.

assistant: Publicity
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: general election. Such campaigning varied in terms of degree, but most of the named plaintiffs testified that they circulated petitions, made posters and generally aided in the campaign effort. Several of the named plaintiffs have asserted pendent state law claims alleging that as honorably discharged veterans who served in the armed forces during wartime they were entitled to special protection under New York’s Civil Service Law. Due to the differences not only in terms of proof, but also in causes of action, the court will address each of the plaintiffs’ claims separately. Following this determination the court will examine plaintiffs’ motion for class certification. See East Texas Motor Freight System, Inc. v. Rodriguez, 431 U.S. 395, 403, 97 S.Ct. 1891, 1896, 52 L.Ed.2d 453 (1977) (<HOLDING>). Marion Sciortino Goodwin Plaintiff Marion Options: A. holding that a class plaintiff who seeks to assert statutory rights to protect a class of which he is a member is not asserting rights antagonistic to any members of that class B. holding that it is error to certify class when named class representatives are not members of the class they purport to represent C. holding that putative class members are not parties to an action prior to class certification D. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members E. holding that putative class representatives had standing to represent the class even when they owned stock for only part of lengthy class period because they alleged a common course of conduct to defraud over that entire period including the period during which they owned stock

assistant: The best answer is B. holding that it is error to certify class when named class representatives are not members of the class they purport to represent
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: applications,” their secondary road determinations “rely heavily on maps produced by state and federal transportation authorities,” a reasonable source to bolster its goal of “establishing] eligibility criteria for CAHs” to be consistently applied. Def.’s Resp. Pl.’s Cross-Mot. 13, ECF No. 26; see also DAB Final Decision 4, ECF No. 18 (“CMS lack[s] the resources and capacity for making case-by-case judgments about the driving characteristics of every stretch of highway in the United States” but bases its judgments on “objective criteria.”) (internal citations omitted). The Court, while not able to engage in fact-finding or reweighing of the evidence in evaluating this judgment, finds that the Secretary’s decision is supported by substantial evidence. See Roland, 2010 WL 70855, at *2 (<HOLDING>). Combined with the congressional goal of Options: A. holding that we review issues of statutory interpretation de novo B. holding that the court is not to undertake to reweigh conflicting evidence make credibility determinations or substitute its judgment for that of the agency C. holding that court is not empowered to substitute its judgment for that of the agency D. recognizing that the standard of review for issues of statutory interpretation and construction is de novo E. holding that a court may not reweigh the evidence or try the issues de novo or substitute its judgment for that of the secretary

assistant: The best answer is E. holding that a court may not reweigh the evidence or try the issues de novo or substitute its judgment for that of the secretary
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 will not assign the terms of use or assign any rights or delegate any obligations hereunder , in whole or in part , whether voluntarily or by operation of law , without the prior written consent of instagram .

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: Each Lender hereby appoints and authorizes the Agent to take such action as agent on its behalf and to exercise such powers and discretion under this Agreement as are delegated to the Agent by the terms hereof, together with such powers and discretion as are reasonably incidental thereto. As to any matters not expressly provided for by this Agreement (including, without limitation, enforcement or collection of the Revolving Credit Advances), the Agent shall not be required to exercise any discretion or take any action, but shall be required to act or to refrain from acting (and shall be fully protected in so acting or refraining from acting) upon the instructions of the Required Lenders (or all of the Lenders to the extent required by the terms of this Agreement), and such instructions shall be binding upon all Lenders and all holders of Revolving Credit Advances; provided , however , that the Agent shall not be required to take any action that exposes the Agent to personal liability or that is contrary to this Agreement or applicable law. The Agent agrees to give to each Lender prompt notice of each notice given to it by the Borrower pursuant to the terms of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as broad as that of the United States suing as the tribe’s trustee.” Moe, 425 U.S. at 473, 96 S.Ct. 1634. The Court based its view on the legislative history of § 1362 in which the House Judiciary Committee characterized § 1362 “as providing ‘the means whereby the tribes are assured of the same judicial determination whether the action is brought in their behalf by the Government or by their own attorneys.’” Id. at 472-73, 96 S.Ct. 1634 (quoting H.R.Rep. No.2040 (1966), reprinted in 1966 U.S.C.C.A.N. 3145, 3147). Plainly, sovereign immunity would not have barred the United States acting as the tribe’s trustee from suing Pierce in her official capacity, the equivalent of suing the state itself. See United States v. Mississippi, 380 U.S. 128, 140-41, 85 S.Ct. 808, 13 L.Ed.2d 717 (1965) (<HOLDING>). Reason suggested that neither should Options: A. recognizing two exceptions to eleventh amendment bar B. holding that the eleventh amendment does not bar the united states from asserting an indemnity claim against a state C. holding that the eleventh amendment does not bar federal courts from enjoining unconstitutional actions of state officers D. recognizing the eleventh amendment does not bar the united states from suing a state E. holding that the eleventh amendment does not prohibit the united states from prosecuting a claim of contribution

assistant: The best answer is D. recognizing the eleventh amendment does not bar the united states from suing a state
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: somehow taint, ed its subsequent re-approval. We do not view this argument to be established by Wife. The crucial and controlling fact is that the trial court had before it evidence of the signed, handwritten agreement at the time the final dissolution decree was entered. Next, Wife complains that the typewritten agreement contained many provisions which were not present in the signed notes. We addressed this issue in our earlier opinion when we stated, "insofar as the terms of the handwritten notes signed by the parties conform to the terms of the typewritten agreement filed with the trial court, the agreement is enforceable." Reno, supra, 734 N.E.2d at 1099. In our opinion, we held that the terms of the agreement complained of by Wife were consistent with the signed notes. See id. (<HOLDING>). Still, Wife claims that the existence of Options: A. holding a guarantor and principal debtor were not joint and several obligors they were severally parties to different contracts with the plaintiffs B. holding that provisions concerning joint custody and healthcare of the parties child were consistent with the signed notes C. holding that the mclendon standard applied where an agreement between the parties granted the parties joint legal custody of the child with physical custody to the mother and the agreement had been adopted by the trial court D. holding that the failure to attach a custody order was not reversible error because there was no showing of prejudice where the respondents were aware of the childs placement the petition noted that custody of the child was given by prior orders the respondent admitted that the child was in the legal custody of the buncombe county department of social services and the respondents were present at pretermination hearings in which custody was granted to petitioner and hearings in which visitation options were discussed and determined E. holding that the domicile of the child follows that of the parent with lawful custody

assistant: The best answer is B. holding that provisions concerning joint custody and healthcare of the parties child were consistent with the signed notes
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: 8.1.3 if you book a host service on behalf of additional guests , you are required to ensure that every additional guest meets any requirements set by the host , and is made aware of and agrees to these terms and any terms and conditions , rules and restrictions set by the host .

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: Each Lender hereby irrevocably (subject to Section 18.10 ) appoints, designates and authorizes the Administrative Agent to take such action on its behalf under the provisions of this Agreement and each other Loan Document and to exercise such powers and perform such duties as are expressly delegated to it by the terms of this Agreement or any other Loan Document, together with such powers as are reasonably incidental thereto. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Loan Document, the Administrative Agent shall not have any duty or responsibility except those expressly set forth herein, nor shall the Administrative Agent have or be deemed to have any fiduciary relationship with any Lender or participant, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against the Administrative Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” herein and in other Loan Documents with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead, such term is used merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties. Administrative Agent shall provide copies of all financial statements and projections delivered to Administrative Agent by Borrowers pursuant to Section 9 hereof, and copies of all material notices delivered to Administrative Agent by Borrowers either by delivering copies to each Lender by electronic mail or by posting such materials to an internet service accessible by such Lenders such as “Intralinks”. Each Borrower and each Lender agrees that Administrative Agent may, in its sole discretion, utilize Intralinks or electronic mail for such purpose.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you represent and warrant to duolingo that your access and use of the service will be in accordance with these terms and conditions and with all applicable laws , rules and regulations of the united states and any other relevant jurisdiction , including those regarding online conduct or acceptable content , and those regarding the transmission of data or information exported from the united states and/or the jurisdiction in which you reside .

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: subject: We hold that filing a timely charge of discrimination with the EEOC is not a jurisdictional prerequisite to suit in federal court, but a requirement that, like a statute of limitations, is subject to waiver, estoppel, and equitable tolling. Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393, 102 S.Ct. 1127, 1132, 71 L.Ed.2d 234 (1982). Whatever may have been the rule in Costello, it cannot be applied in a Title VII action involving untimely fifing with the EEOC. It is because the “statutory requirement is analogous to a statute of limitations,” Van Zant v. KLM Royal Dutch Airlines, 80 F.3d 708, 712 (2d Cir.1996), that dismissal for failure to comply with the requirement is a judgment on the merits. See PRC Harris, Inc. v. Boeing Co., 700 F.2d 894, 896-97 n. 2 (2d Cir.1983) (<HOLDING>). Although the result envisioned by the Options: A. holding that application of res judicata requires that a prior adjudication include a ruling on the merits B. holding that a dismissal on statute of limitations grounds is an adjudication on the merits for purposes of res judicata C. holding that dismissal of case on statute of limitations grounds is final judgment and barring appeal has res judicata effect D. holding that a dismissal on limitations grounds is a judgment on the merits E. holding that under federal law the dismissal of a claim as timebarred is adjudication of merits for purposes of res judicata

assistant: The best answer is B. holding that a dismissal on statute of limitations grounds is an adjudication on the merits for purposes of res judicata
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: discretion over the mode and manner of presentation of proof. So viewed, there is no substantial showing of a nascent constitutional violation. 3. The petitioner calumnizes the trial judge for allowing into evidence a pair of gray corduroy pants stained with occult blood — pants that the petitioner was wearing at the time of his arrest — and thereafter denying the petitioner’s motion to strike the exhibit. See Huenefeld, 610 N.E.2d at 347 (discussing issue and concluding that any error was harmless). Since it cannot plausibly be said that these rulings, whether right or wrong as a matter of evidence, so infused the trial with unfairness as to work a denial of due process, the petitioner’s constitutional rights are not implicated. See Puleio v. Vose, 830 F.2d 1197, 1204 (1st Cir.1987) (<HOLDING>). 4. The petitioner asserts that his conviction Options: A. holding that infirmities in state habeas proceedings do not constitute grounds for federal habeas relief B. holding that errors in state law cannot support federal habeas relief C. holding that federal habeas corpus relief does not lie for errors of state law D. holding that gardenvariety errors of state law do not warrant federal habeas relief E. holding that federal habeas relief is not available to correct errors of state law

assistant: The best answer is D. holding that gardenvariety errors of state law do not warrant federal habeas relief
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: 936, 938 (W.D. Mich. 1985) (explaining that Federal Rule of Criminal Procedure 33 and 28 U.S.C. § 2255 do not “provide an effective means of collateral attack in all cases” and that coram nobis “fill[s] the gaps”). We reach a similar conclusion. Because the Vermont PCR statute and the criminal rules are silent on the issue, we conclude that the common ving his 1993 sentence, his allegation that the 1993 sentence is being used to enhance a current federal sentence puts him within the ambit of our PCR statute. In the context of a PCR proceeding, defendant can raise the issues referred to in his motion, including the adequacy of the Rule 11 colloquy and the effectiveness of trial counsel. See In re Laws, 2007 VT 54, ¶ 9, 182 Vt. 66, 928 A.2d 1210; Boskind, 174 Vt. at 192, 807 A.2d at 365 (<HOLDING>). Because an alternative remedy was available Options: A. holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions B. holding that challenge to district courts compliance with rule 11 in prior pleas should be done through a pcr proceeding C. recognizing district courts wide range of discretion in setting amount of rule 11 sanctions D. holding that substantial compliance with notice is sufficient E. holding rule 11 sanction proceeding was exempt from automatic stay

assistant: The best answer is B. holding that challenge to district courts compliance with rule 11 in prior pleas should be done through a pcr proceeding
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: Borrower hereby acknowledges, ratifies, reaffirms and renews the liens and security interests created by and granted in the Loan Documents in all of the assets of Borrower and Guarantors now or hereafter owned (collectively, together with any and all substitutes, replacements and proceeds thereof, the “ Collateral ”). Borrower agrees that this Amendment shall in no manner affect or impair the liens and security interests securing the Obligations, and that such liens and security interests shall not in any manner be waived, the purposes of this Amendment being to modify the Credit Agreement as herein provided, and to carry forward all liens and security interest securing same, which are acknowledged by Borrower to be valid and subsisting, perfected in favor of Lender and prior in right and interest over any other liens or security interests existing on the Collateral. Borrower covenants and agrees that no security interests or liens exist on the Collateral, except in favor of Lender and as otherwise expressly permitted in the Credit Agreement.

assistant: Liens
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 for limitations on assignment set forth in Section 5.1, this Plan will be binding upon and inure to the benefit of the Company and each Eligible Employee and their respective successors, assigns, heirs, executors, and administrators.

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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement and of all documents contemplated hereunder and the consummation of the transactions contemplated hereby by such Seller (i) is within such Seller’s corporate, partnership, limited liability company or other applicable powers and (ii) have been duly authorized by all necessary corporate, partnership, limited liability company or other applicable action. This Agreement has been duly executed and delivered by such Seller constitutes the legal, valid and binding obligation of such Seller, enforceable against such Seller in accordance with its terms, except as enforcement may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium, liquidation, fraudulent conveyance, fraudulent transfer or similar laws relating to or affecting creditors’ rights and remedies generally, and (ii) general principles of equity (regardless of whether considered in a proceeding in equity or at law).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed an original, and such counterparts shall constitute but one and the same instrument and shall be binding upon each party hereto as fully and completely as if all had signed but one instrument. The exchange of copies of this Guaranty, any signature pages required hereunder or any other documents required or contemplated hereunder by facsimile or portable document format (“ PDF ”) transmission shall constitute effective execution and delivery of such signature pages and may be used in lieu of the original signature pages for all purposes. Signatures of the parties transmitted by facsimile or PDF shall be deemed to be their original signatures for all purposes.

assistant: Counterparts