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 will not modify , create derivative works of , decompile , or otherwise attempt to extract source code from us , unless you are expressly permitted to do so under an open source license , or we give you express written permission .

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: This Agreement (together with the applicable Subscription Agreement) constitutes the entire understanding and agreement between the parties with respect to the DTI Securities owned by the New Class A Stockholders and supersedes and replaces any prior understanding, agreement or statement of intent, in each case, written or oral, of any and every nature with respect thereto. In the event of any inconsistency between this Agreement and any document executed or delivered to effect the purposes of this Agreement, including the Organizational Documents of any Person, this Agreement shall govern as among the parties hereto. Each of the parties hereto shall exercise all voting and other rights and powers available to it so as to give effect to the provisions of this Agreement and, if necessary, to procure (so far as it is able to do so) any required amendment to the Company’s and/or its Subsidiaries’ Organizational Documents, in order to cure any such inconsistency.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 11.1 subject to the terms of this license agreement ( `` license agreement '' ) , as set out in this section 11 , and these other terms , and your payment of applicable subscription fees , headspace grants you a limited , non-exclusive , revocable license to stream , download and make personal non-commercial use of the products .

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: The Borrower, MCRC and their Subsidiaries have conducted their businesses in compliance with the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010, and other similar anti-corruption and anti-bribery legislation in other jurisdictions (“ Anti-Corruption Laws ”), and have instituted and maintained policies and procedures designed to promote and achieve compliance with such laws. No Loan, use of the proceeds of any Loan or Letter of Credit or other transactions contemplated hereby will violate Anti-Corruption Laws.

assistant: Anti-Corruption 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: the defendant had not been charged. Respondent contends that he is challenging the constitutionality of a statute under which he was charged. Respondent apparently takes the incorrect position that a person charged with an offense can then challenge the subject criminal statute in its entirety. Respondent here, a juvenile, was not subject to sentencing under the statute’s sentencing provisions. Rather, the disposition of the petition for adjudication of wardship resulted in the imposition of a sentence of probation under the Juvenile Court Act. We, therefore, need not decide whether the sentencing provisions violate the proportionate penalties clause because respondent was not affected by the alleged unconstitutionality. See In re C.J., 328 Ill. App. 3d 103, 764 N.E.2d 1153 (2002) (<HOLDING>). As noted earlier, however, even where a Options: A. holding that juvenile adjudications may not be used for impeachment purposes because the disposition of a juvenile does not constitute a criminal conviction B. holding that although police initially took juvenile into custody juvenile arrested on drug charge did not have standing to challenge constitutionality of pretrial detention statute in relation to his drug case where juvenile was never detained for drug offense C. holding that although the juvenile restitution statute does not expressly require the juvenile court to determine whether the juvenile has the ability to pay the restitution ordered as a condition of probation the policies underlying the adult restitutions command that a trial court make such an inquiry applies with equal force to juvenile courts D. holding juveniles statement inadmissible when after being placed in custody police took juvenile to police station and held juvenile in area where adult suspects were held instead of taking juvenile to a juvenile processing office or any of the places listed as an alternative in section 5202 and placing juvenile in specifically designated office for juveniles E. holding that jeopardy attaches in juvenile adjudication that determines whether juvenile violated criminal law

assistant: The best answer is B. holding that although police initially took juvenile into custody juvenile arrested on drug charge did not have standing to challenge constitutionality of pretrial detention statute in relation to his drug case where juvenile was never detained for drug offense
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: employment. Consequently, Miller was required to comply with K.S.A. 12-105b(d)’s notice requirements, which she failed to do, and the claim for intentional infliction of emotional distress claim against Flores was dismissed. 916 F. Supp.1101. Garcia raises state law claims against the police department and the officers acting within the scope of their employment. We agree with the district court that Garcia’s claims could give rise to a number of actions whereby the appellees could be hable in Kansas, namely assault, battery, false imprisonment, invasion of privacy, and damages for racial profiling. All of these types of claims are covered by K.S.A. 2010 Supp. 12-105b(d)’s notice requirement. See Knorp v. Albert, 29 Kan. App. 2d 509, 513, 28 P.3d 1024, rev. denied 272 Kan. 1418 (2001) (<HOLDING>); King v. Pimentel, 20 Kan. App. 2d 579, Options: A. holding in age discrimination case under adea that same considerations are pertinent when deciding single employer issue for public entities as for private entities and applying nlrb test to resolve the question noting that where government entities are concerned court also must keep constitutional separation of powers issues in mind B. holding that public entities may be held vicariously hable for the negligent acts of their individual employees C. holding that notice statute applies to both municipal entities and employees of municipal entities acting within the scope of their employment D. holding that discrimination against a municipal employee could trigger municipal liability under 1983 through official policy or custom E. holding that although municipalities are persons within the meaning of 42 usc 1983 no municipal liability lies under that statute unless action pursuant to official municipal policy of some nature caused a constitutional tort

assistant: The best answer is C. holding that notice statute applies to both municipal entities and employees of municipal entities acting within the scope of their employment
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: some of the skyscanner services and/or platforms ( for example , our ` skyscanner for business ' b2b products ) impose different terms and conditions on your use of those services .

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 Party is entitled to rely on the representations, warranties and agreements of each of the other parties and all such representation, warranties and agreement will be effective regardless of any investigation that any party has undertaken or failed to undertake. Unless otherwise stated in this Unwind Agreement, and except for instances of fraud, the representations, warranties and agreements will survive the Closing Date and continue in full force and effect until one (1) year after the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company hereby employs Employee as its Chief Lending Officer . Employee shall perform for or on behalf of Company such duties as Company’s President and Chief Executive Officer or Board of Directors shall assign from time to time; shall render such services primarily at the principal business offices of Company, which may be relocated from time to time; and shall perform such duties in accordance with Company’s policies and practices, including but not limited to its employment policies and practices, and subject only to such limitations, instructions, directions, and control as Company’s President and Chief Executive Officer or Board of Directors may specify from time to time at his discretion.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and 2008, he saw 40 to 50 photographs of people posing in front of the brick Amberfield Subdivision sign, including Zamudio, Jacobo, Gonzalez, and a man named Flores, with the latter two making Sureños 13 “gang signs.” Zamudio argues on appeal that the State should have been required to produce the photographs or web pages themselves under the best evidence rule, while conceding that former OCGA § 24-5-4, which was applicable to this trial, did not generally apply to photographs or recordings. Assuming that the objection made at trial was sufficient to raise a best evidence objection, we find no error. Photographs were not considered writings under former OCGA § 24-5-4, and were therefore not subject to the best evidence rule. See Smith v. State, 236 Ga. 5, 8 (2) (222 SE2d 357) (1976) (<HOLDING>). Zamudio also argues that the detective’s Options: A. holding that the best evidence rule did not apply to a photograph of a police lineup B. holding that the district court did not abuse its discretion in excluding hearsay evidence and evidence that violated the best evidence rule in deciding a summary judgment motion C. holding that where the actual content of a 911 tape was never in dispute the best evidence rule was inapplicable D. holding that best interest of child need only be proven by a preponderance of the evidence E. holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted

assistant: The best answer is A. holding that the best evidence rule did not apply to a photograph of a police lineup
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the unlikely event we end up in a legal dispute , we agree to resolve it in california courts ( using california law ) or dublin , ireland courts ( using irish law ) .

assistant: Choice of law, Jurisdiction
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, together with any Schedule, constitutes the entire agreement between the Parties and supersedes and supplants all prior and contemporaneous representations, agreements, and understandings, whether oral, written or otherwise, between the Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All actions or proceedings necessary to authorize the execution and delivery by NRG Energy of this Agreement, the PSA and the performance by NRG Energy of its obligations hereunder and thereunder (as applicable), have been duly and validly taken. This Agreement and the PSA have been duly and validly executed and delivered by NRG Energy and constitute the legal, valid and binding obligations of NRG Energy enforceable against NRG Energy in accordance with its terms.

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 case excerpt and choose the best holding from the options. Case excerpt: $1,316, the obligation under the Consent Order, equals $454 per month. 10 . But for the noting of an appeal prior to the entry of the final judgment of divorce, the interlocutory orders would have become final on October 12, 2001. Md. Rule 2-602. 11 . From our review of the record, it is not clear that the court fully appreciated that it had the discretion to modify this agreement without the mutual consent of both parties. 12 . If the issue before the court had been revision of an enrolled final order because of fraud, mistake or irregularity, then Rule 2-535(b) would have been relevant to the discussion. Tandra S. v. Tyrone W., 336 Md. 303, 315, 648 A.2d 439 (1994)(stating that Rule 2-535(b) generally applies to all final judgments); Platt v. Platt, 302 Md. 9, 485 A.2d 250 Options: A. holding a motion to revise an enrolled divorce decree because of a discrepancy between the separation agreement and the decree filed more than 5 years after entry of the enrolled decree was properly denied B. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce C. holding that a motion to terminate a consent decree was moot because there was no consent decree left to be terminated D. holding that where the action was filed as a class action and a consent decree was entered into entry of the consent decree was sufficient certification of the action as a class action under rule 23 E. holding that a motion to terminate a consent decree was moot because the challenged provisions of the decree had expired

assistant: The best answer is A. holding a motion to revise an enrolled divorce decree because of a discrepancy between the separation agreement and the decree filed more than 5 years after entry of the enrolled decree was properly denied
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: (i) In addition to all other amounts payable to an Issuing Bank, the Borrower and the applicable Qualified Borrower each, jointly and severally, hereby agrees to defend, indemnify, and save the Administrative Agent, each Issuing Bank, and each other Lender harmless from and against any and all claims, demands, liabilities, penalties, damages, losses (other than loss of profits), costs, charges and expenses (including reasonable attorneys’ fees and expenses but excluding taxes) which the Administrative Agent, the Issuing Banks, or such other Lender may incur or be subject to as a consequence, direct or indirect, of (A) the issuance of any Letter of Credit other than as a result of the gross negligence or willful misconduct of the Issuing Bank, as determined by a court of competent jurisdiction, or (B) the failure of the Issuing Bank to honor a drawing under such Letter of Credit as a result of any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or Governmental Authority.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the performance of the Services hereunder, Employee will comply with all applicable laws, rules and regulations of any government or governmental body or board having jurisdiction and all professional standards and guidelines or any code of conduct which may be applicable to persons involved in the conduct of clinical trials.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant warrants that it has not had any contact or dealings with any Person or real estate broker (except for the Tenant’s broker described in the Purchase Contract, which broker shall not be entitled to a separate commission upon the rents payable this Lease) which would give rise to the payment of any fee or brokerage commission in connection with this Lease and Tenant shall indemnify, protect, hold harmless and defend Landlord from and against any liability with respect to any fee or brokerage commission arising out of any act or omission of Tenant. Landlord warrants that it has not had any contact or dealings with any Person or real estate broker which would give rise to the payment of any fee or brokerage commission in connection with this Lease, and Landlord shall indemnify, protect, hold harmless and defend Tenant from and against any liability with respect to any fee or brokerage commission arising out of any act or omission of Landlord.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the act’s criteria. Id. at 353, 117 S.Ct. 2072. We do not suggest that these procedures are a prerequisite to a First Amendment deprivation; Hendricks-style civil commitment presents a far greater deprivation of liberty than banning social networking. But Hendricks nevertheless illuminates the imprecision of the Indiana statute. Unlike the individualized assessment that ensured each respondent was “likely” to commit the redressa-ble evil, the Indiana legislature imprecisely used the sex offender registry as a universal proxy for those likely to solicit minors. There may well be an appropriate proxy, but the state has to provide some evidence, beyond conclusory assertions, to justify the regulation. This case also differs from our decision in Doe v. 123 S.Ct. 1160, 155 L.Ed.2d 98 (2003) (<HOLDING>); Doe v. Miller, 405 F.3d 700 (8th Cir.2005) Options: A. holding that the public disclosure provision of connecticuts sex offender registration law did not violate the due process clause B. holding that the alaska sex offender registration act did not violate the ex post facto clause C. holding that since sex offender registration was not a direct consequence of the plea the failure to warn of such a requirement did not render the pleas unknowing or unintelligent D. holding that nebraskas sex offender registration statute did not violate due process because it is reasonable to conclude that retroactive application of sora furthers the public safety purpose of the legislation E. holding that doctrine does not violate due process

assistant: The best answer is A. holding that the public disclosure provision of connecticuts sex offender registration law did not violate the due process clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the aims of issue preclusion: to promote finality and judicial economy and to prevent inconsistent judicial decisions and endless litigation. Defendants next argue that our reasoning in Scherzinger II does not control here because this case involves the board’s authority to investigate dismissals, while Scherzinger II involved only the board’s authority to order the Scherzinger II custodians’ reinstatement. That distinction misses the point of issue preclusion. Issue preclusion not only prevents a tribunal from deciding an issue that has already been decided, it also prevents a party, and those in privity with that party, from relitigating an issue that was already decided. See Skeen v. Dept. of Human Resources, 171 Or App 557, 560, 17 P3d 526 (2000), rev den, 332 Or 316 (2001) (<HOLDING>); Evangelical Lutheran Good Samaritan Soc. v. Options: A. holding that a prior administrative decision actually decided ultimate factual issues that are essential to plaintiffs present claims and that issue preclusion therefore bars the relitigation of those issues B. holding that courts should consider the merits of the litigants claims the nature of the factual issues the litigants ability to present his claims and the complexity of the legal issues C. holding that representation issues are matters relegated to the board representation issues may not be decided by contract and thus may not be decided by an arbitrator D. holding issue preclusion bars section 1983 plaintiff from relitigating fourth amendment issue decided in state court criminal proceeding E. holding that the doctrine of collateral estoppel bars readjudication of issues when 1 the prior suit resulted in judgment on the merits 2 identical issues are involved 3 the issue was actually litigated 4 the issue was actually determined and 5 the determination was necessary to the resulting judgment

assistant: The best answer is A. holding that a prior administrative decision actually decided ultimate factual issues that are essential to plaintiffs present claims and that issue preclusion therefore bars the relitigation of those issues
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 public interest.” If we jump to such a high level of abstraction, it becomes impossible to determine whether the employee was truly acting within the proper scope of his job-related activities. Consequently, we consider a government official’s actions at the minimum level of generality necessary to remove the constitutional taint. In considering whether an act of allegedly excessive force fell within a police officer’s duties, for example, we do not ask whether police have the right to use excessive force. We also do not immediately jump to a high level of generality and ask whether police are responsible for enforcing the law or promoting the public interest. We instead ask whether they have the power to attempt to effectuate arrests. See, e.g., Ferraro, 284 F.3d at 1194 (<HOLDING>). After detérmining that an official is engaged Options: A. holding that a military police officer was entitled to qualified immunity from an excessive force suit when he objectively reasonably believed that he used reasonable force B. holding that an officer intentionally hitting the plaintiffs head into the top of the police car as the plaintiff was being placed in the police car could be excessive force C. holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation D. holding in an excessive force suit there can be no doubt that the police officer defendant was acting in his discretionary capacity when he arrested plaintiff E. holding that a police officer was not liable for use of excessive force since 951 requirements were satisfied

assistant: The best answer is D. holding in an excessive force suit there can be no doubt that the police officer defendant was acting in his discretionary capacity when he arrested plaintiff
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that voluntary manslaughter is not necessarily a crime involving moral turpitude, citing In re Strick, 43 Cal.3d 644, 238 Cal.Rptr. 397, 405, 738 P.2d 743, 750 (1987), and In re Nevill, 39 Cal.3d 729, 217 Cal.Rptr. 841, 704 P.2d 1332 (1985)); People v. Thomas, 206 Cal.App.3d 689, 254 Cal.Rptr. 15, 19 (1988) (in considering impeachment with conviction for assault with a deadly weapon, court discussed, but did not decide, question of whether “imperfect self-defense” should call into doubt whether voluntary manslaughter necessarily involves moral turpitude); State v. Morgan, 541 S.W.2d 385, 390 (Tenn.1976) (concluding that voluntary manslaughter was not “infamous crime” under Tennessee statute ■ allowing use of “infamous crimes,” to be used to im 543, 1991 WL 94403, *5 (Cal.Bar Ct.1991) (<HOLDING>); In re Strick, 43 Cal.3d 644, 238 Cal.Rptr. Options: A. holding that involuntary manslaughter defined either as reckless or negligent was not a crime of moral turpitude because itwas based on unintentional conduct in contrast to those crimes involving some form of evil intent it is not an offense that is mala in se and thus does not fall within the definition of crimes involving moral turpitude B. holding that missouris reckless conduct statute establishes a crime involving moral turpitude C. holding that robbery under california law categorically qualified as a crime involving moral turpitude and noting precedent in this and other circuits that theft crimes are crimes involving moral turpitude D. holding that assault with a deadly weapon was not a crime involving moral turpitude E. recognizing involuntary manslaughter as an offense that does not in and of itself constitute a crime involving moral turpitude for purposes of attorney disbarment

assistant: The best answer is E. recognizing involuntary manslaughter as an offense that does not in and of itself constitute a crime involving moral turpitude for purposes of attorney disbarment
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: Participant acknowledges that a waiver by the Company of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by Participant or any other participant in the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and each Subsidiary will maintain, with financially sound and reputable insurance companies, insurance in such amounts (with no greater risk retention) and against such risks as are customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations (including marine cargo and aircraft transportation insurance). Each such policy of liability, casualty and business interruption insurance maintained by or on behalf of Loan Parties shall (a) in the case of each liability insurance policy (other than workers’ compensation, director and officer liability or other policies in which such endorsements are not customary), name the Administrative Agent, on behalf of the Secured Parties, as an additional insured thereunder, (b) in the case of each casualty and business interruption insurance policy, contain a loss payable clause or endorsement that names the Administrative Agent, on behalf of the Secured Parties, as the lender loss payee thereunder and (c) provide for at least 30 days’ (or such shorter number of days as may be agreed to by the Administrative Agent) prior written notice to the Administrative Agent of any cancellation of such policy; provided that the requirements of clauses (a), (b) and (c) need not be satisfied with respect to (i) any insurance policy maintained by any Non-U.S. Loan Party if the Administrative Agent shall have determined, at the request of such Non-U.S. Loan Party, that such actions are not customary for secured financings in the jurisdiction of formation, incorporation or organization of such Non-U.S. Loan Party or (ii) any insurance policy maintained by any Non-U.S. Loan Party (other than the Dutch Borrower) if, and for so long as, the Administrative Agent, in consultation with the Company, shall have determined that the cost or burden thereof shall be excessive in view of the benefits to be obtained by the Lenders therefrom.

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 legal provision and list the applicable contract clause categories. Provision: When financing statements in the appropriate form are filed in the offices specified on Schedule 6 to the Perfection Certificate, the Patent Security Agreement, substantially in the form of Exhibit II to the Security Agreement, and the Trademark Security Agreement, substantially in the form of Exhibit III to the Security Agreement, is filed in the United States Patent and Trademark Office and the Copyright Security Agreement, substantially in the form of Exhibit IV to the Security Agreement, is filed in the United States Copyright Office, then, to the extent that Liens may be perfected by such filings, the Security Agreement shall constitute a fully perfected Lien on all right, title and interest of the grantors thereunder in the United States patents, trademarks, copyrights, licenses and other intellectual property rights covered in such agreements, in each case prior and superior in right to any other Person (it being understood that subsequent recordings in the United States Patent and Trademark Office and the United States Copyright Office may be necessary to perfect a lien on U.S. issued patents, patent applications, registered trademarks, trademark applications and copyrights acquired by the Loan Parties after the Closing Date).

assistant: Intellectual Property
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 terms of this Agreement and each Paragraph thereof shall be considered severable and the invalidity or unenforceability of any part thereof shall not affect the validity or enforceability of the remaining portions or provisions hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between Seller and Tri-State regarding matters addressed herein and supersedes all prior written and oral communications and understandings in connection therewith. The Parties acknowledge that certain sales by Seller to Tri-State on the Eastern Interconnection shall be governed by the Eastern Interconnection Wholesale Power Contract.

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: The Employment Letter is hereby terminated, effective as of the Effective Date, and shall thereafter be of no further force and effect. This Agreement, the RGAs, the Non-ISO Agreement and the ISO Agreements constitute the full and entire understanding and agreement of the Parties with regard to the subjects hereof and supersede in their entirety all other or prior agreements, whether oral or written, with respect thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 705 ILCS 405/5 — 815(f) (West 2000). Section 5 — 8—7(b) of the Unified Code of Corrections (the Code) provides the rules for calculating the length of imprisonment for offenders and states that “[t]he offender shall be given credit on the determinate sentence *** for time spent in custody as a result of the offense for which the sentence was imposed.” 730 ILCS 5/5 — 8—7(b) (West 2000). Whether an habitual juvenile offender is entitled to credit for predisposition detention is an issue of first impression. Our appellate court districts are divided on the issue of whether a delinquent minor should receive sentence credit for time spent in predisposition detention. Compare In re E.C., 297 Ill. App. 3d 177 (4th Dist. 1998), and In re Jesus R., 326 Ill. App. 3d 1070 (4th Dist. 2002) (<HOLDING>), with In re 299 Ill. App. 3d 327 (2d Dist. Options: A. holding that a credit issuing bank did not breach a credit agreement when it unilaterally modified the terms B. holding that juveniles are not entitled to jury trials C. holding that juveniles sentenced to indeterminate terms are entitled to predisposition credit D. holding that when a defendant is sentenced to a term that does not exceed the statutory maximum allowed for an indeterminate amount of the drug involved the jurys determination of drug quantity is practically irrelevant E. holding juveniles do not have constitutional right to a jury trial but striking down statute that allowed juveniles to receive adult sentence without a jury trial three justices dissented reasoning juveniles should be entitled to a juiy trial under all cases because changes to juvenile justice code treated juveniles like criminals

assistant: The best answer is C. holding that juveniles sentenced to indeterminate terms are entitled to predisposition credit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions set forth in the Amended Credit Agreement related to costs and expenses, indemnification, counterparts, severability, submission to jurisdiction, waiver of venue, service of process, waiver of jury trial and confidentiality shall apply to, and are hereby incorporated by reference in, this Amendment as if fully set forth herein, mutatis mutandis .

assistant: Miscellaneous
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 a subdivision of the outstanding Common Shares, a declaration of a dividend payable in Common Shares, a declaration of a dividend payable in a form other than Common Shares in an amount that has a material effect on the price of Common Shares, a combination or consolidation of the outstanding Common Shares (by reclassification or otherwise) into a lesser number of Common Shares, a recapitalization, a spin-off or a similar occurrence, the Committee shall make such adjustments as it, in its sole discretion, deems appropriate in one or more of (a) the number of Options and Restricted Shares available for future Awards under Article 3, (b) the limitations set forth in Section 5.2 and Section 8.1, (c) the number of Common Shares covered by each outstanding Option or (d) the Exercise Price under each outstanding Option. Except as provided in this Article 9, a Participant shall have no rights by reason of any issue by the Company of stock of any class or securities convertible into stock of any class, any subdivision or consolidation of shares of stock of any class, the payment of any stock dividend or any other increase or decrease in the number of shares of stock of any class.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event either party to this Contract commences legal action of any kind to enforce or interpret the terms and conditions of this Contract or any of the closing documents, the prevailing party in such litigation will be entitled to collect from the other party all costs, expenses and attorneys' fees incurred in connection with such action. This Section 12.3 shall survive Closing or termination of this Contract.

assistant: Costs
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 you are not a united states resident and you are accessing our services from outside the united states , you agree to transfer certain information outside your home country to us , and that you will follow all the laws that apply to you .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term of provision hereof is determined to be invalid or unenforceable in a final court or arbitration proceeding, (i) the remaining terms and provisions hereof shall be unimpaired and (ii) to the extent permitted by applicable law, the invalid or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or 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: Executives’ Ass’n, 489 U.S. 602, 619, 109 S.Ct. 1402, 1414, 103 L.Ed.2d 639 (1989), neither probable cause nor a warrant is required when “special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable.” Vernonia, — U.S. at -, 115 S.Ct. at 2391 (quoting Griffin v. Wisconsin, 483 U.S. 868, 873, 107 S.Ct. 3164, 3168, 97 L.Ed.2d 709 (1987) (internal quotation marks omitted)). In “special needs” cases, a category that includes criminal and civil proceedings, the Court dispenses with the probable cause and warrant requirements and simply applies a balancing test to determine if a search or seizure is reasonable and thus constitutional. See O’Connor v. Ortega, 480 U.S. 709, 725, 107 S.Ct. 1492, 1501, 94 L.Ed.2d 714 (1986) (plurality) (<HOLDING>); see also New Jersey v. T.L.O., 469 U.S. 325, Options: A. holding neither the warrant requirement nor the probable cause requirement should apply to noninvestigatory workrelated purposes or for investigations of workrelated misconduct B. recognizing that where authorized party consents to search neither a warrant nor probable cause is necessary C. holding that the probable cause requirement for the initial stop and the exclusionary rule do not apply in section 302505 proceedings D. holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause E. holding that the doorway of the home is a public place for purposes of the warrant requirement of the fourth amendment

assistant: The best answer is A. holding neither the warrant requirement nor the probable cause requirement should apply to noninvestigatory workrelated purposes or for investigations of workrelated misconduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you and ebay are unable to resolve the claims described in the notice within 30 days after the notice is sent , you or ebay may initiate arbitration proceedings .

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: disagree, as we conclude that the parties mutually agreed that there would be no limit on contribution liability regardless of the outcome of Kotecki. Before Kotecki, the question of whether there was a limit on employer contribution liability remained unanswered. Kotecki, 146 Ill. 2d at 162. For Kotecki, the supreme court granted leave to appeal in September 1989 (127 Ill. 2d 618, 545 N.E.2d 112 (1989)), more than a year before the parties entered into the contract in this matter. Thus, both parties could have known that the supreme court was about to establish a default rule for employer contribution liability, and supreme court decisions generally apply retroactively to cases pending at the time the decision is announced. Lannom v. Kosco, 158 Ill. 2d 535, 538, 634 N.E.2d 1097 (1994) (<HOLDING>). The parties responded by mutually assenting Options: A. holding that aedpa is not applied retroactively to pending habeas petitions B. recognizing the objection requirement for new state constitutional rules applied retroactively C. holding statutes are not applied retroactively absent clear legislative intent D. holding that kotecki limit applied retroactively E. holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review

assistant: The best answer is D. holding that kotecki limit applied retroactively
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: July 2007, the trial court entered separate orders terminating respondent’s parental rights to B.L.H. and Z.L.H. The only ground found by the trial court for terminating respondent’s parental rights to the minor children was under N.C.G.S. § 111 ly to fill procedural gaps where Chapter 7B requires, but does not identify, a specific procedure to be used in termination cases. In re S.D.W. & H.E.W., 187 N.C. App. at 421, 653 S.E.2d at 432; see also In re McKinney, 158 N.C. App. 441, 443, 581 S.E.2d 793, 795 (2003) (applying the Rules of Civil Procedure to determine whether the contents of a motion .filed to terminate the respondent’s parental rights were sufficient to confer subject matter jurisdiction on the trial court); In re Triscari Children, 109 N.C. App. 285, 426 S.E.2d 435 (1993) (<HOLDING>). Article 11 of Chapter 7B expressly states Options: A. holding that trial court erred in granting petition for termination of parental rights based on noncompliance with case plan when case plan was not filed and approved by the court until seven months after petition for termination was filed B. recognizing this substantial interest in context of termination of parental rights C. holding that a respondent in a termination of parental rights proceeding may not file a counterclaim D. holding that the due process clause of the alaska constitution guarantees the right to effective counsel in proceedings for the termination of parental rights E. holding the requirements for verification established in chapter 1a rule 11b should determine whether a petition for the termination of a respondents parental rights has been properly verified

assistant: The best answer is E. holding the requirements for verification established in chapter 1a rule 11b should determine whether a petition for the termination of a respondents parental rights has been properly verified
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company ( and its respective corporate parents , subsidiaries , affiliates , predecessors in interest , successors , permitted assigns ) , you and any other parties on whose behalf you are accessing the service agree to arbitration ( except for matters that may be taken to small claims court ) , as the exclusive form of dispute resolution except as provided for below , for all disputes and claims arising out of or relating to this eula or the service .

assistant: Arbitration
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 waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party, provided that the Required Buyers may waive any provision of this Agreement, and any waiver of any provision of this Agreement made in conformity with the provisions of this Section 10.12 shall be binding on all Buyers and holders of Securities, as applicable, provided that no such waiver shall be effective to the extent that it applies to less than all of the holders of the Securities then outstanding (unless a party gives a waiver as to itself only). The Company has not, directly or indirectly, made any agreements with any Buyers relating to the terms or conditions of the transactions contemplated by the Transaction Documents except as set forth in the Transaction Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower Representative shall have and may exercise such powers under the Loan Documents as are specifically delegated to the Borrower Representative by the terms of each thereof, together with such powers as are reasonably incidental thereto. Borrower Representative shall have no implied duties to the Borrowers, or any obligation to the Lenders to take any action thereunder except any action specifically provided by the Loan Documents to be taken by the Borrower Representative.

assistant: Powers