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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 21, es governing easements, the Garfield County court stated, “Where rights-of-way and easements are concerned, one party cannot serve as the sole judge of scope and extent, or as the sole arbiter of what is ‘reasonable and necessary.’ ” 122 F.Supp.2d at 1242. “And ‘ordinarily ... no. material changes can be made by either party without the other’s .consent....’” Id. at 1243 (quoting 28A C.J.S. Easements § 173, at 391). The court concluded: Hodel instructs that “the initial determination of whether the activity falls within an establishe rcise its rights so as not to interfere unreasonably with the rights of the owner of the servient estate, derives from general principles of the common law of easements rather than the peculiar status of National Parks.' See Jenks, 22 F.3d at 1518 (<HOLDING>). Just as the National Park Service has Options: A. holding that the burden on the servient estate cannot be increased without the consent of the owners of the servient estate and that the owner of the dominant estate to which the appurtenant easement is attached has no power to convey or expand use of that easement in connection with a tract of land owned by another B. holding under basic principles of property law that easement rights are subject to regulation by the forest service as the owner of the servient estate C. recognizing that the dominant easement owner not the servient estate owner bears responsibility for maintaining an easement D. holding that the duty to maintain an easement was upon those entitled to its use rather than upon the servient estate E. holding that an easement is not a separate estate when dominant and servient tracts are under the same ownership

assistant: The best answer is B. holding under basic principles of property law that easement rights are subject to regulation by the forest service as the owner of the servient estate
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: § 12111(8). Stated differently, an employee can only sue under the Rehabilitation Act “if he or she can perform the essential functions of the position with reasonable accommodation.” Breen v. Dep’t of Transp., 282 F.3d 839, 841 (D.C.Cir.2002) (emphasis added) (citing Carr v. Reno, 23 F.3d 525, 529 (D.C.Cir.1994)). Because the enforcement standards of the Rehabilitation Act are the same as in the Americans with Disabilities Act (“ADA”), case law analyzing disability benefits under the ADA applies with equal force to the Rehabilitation Act. See 29 U.S.C. § 791(g) (stating that the “standards used to determine whether [the Rehabilitation Act] has been violated ... shall be the standards applied under the [ADA]”); Aka v. Wash. Hosp. Ctr., 156 F.3d 1284, 1288 (D.C.Cir.1998) (en banc) (<HOLDING>). In Cleveland v. Policy Management Systems Options: A. holding that the mcdonnell douglas framework applies equally to ada and rehabilitation act cases B. holding that mcdonnell douglas framework which is used in title vii cases applies to ada cases when only circumstantial evidence of discrimination is offered C. holding that the mcdonnell douglas burdenshifting framework applies to retaliation claims in the same manner as to discrimination claims D. holding the ada and the rehabilitation act applicable E. holding that the mcdonnell douglas framework still applies to adea cases postgross

assistant: The best answer is A. holding that the mcdonnell douglas framework applies equally to ada and rehabilitation act cases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parent and the Borrower will not, and will not permit any Subsidiary to, sell, lease or otherwise transfer any Property or assets to, or purchase, lease or otherwise acquire any Property or assets from, or otherwise engage in any other transactions with, any of its Affiliates (other than the Parent, the Borrower and the Guarantors), except (a) on terms and conditions not less favorable to any Credit Party than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among Credit Parties not involving any other Affiliate and (c) any payments permitted by Section 6.06.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement among the parties with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, both oral and written, among the parties with respect to its subject matter.

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: to the detriment of defendants, but also had ex post facto implications. Fell, 209 Ariz. at 80-81 ¶¶ 10-12, 97 P.3d at 905-06. No such concerns exist here. ¶ 16 We also reject the State’s argument, raised for the first time in its supplemental brief, that SB 1449 unconstitutionally disturbs victims’ rights “in the finality of a defendant’s conviction.” The Arizona Constitution provides that “a victim of crime has a right ... [t]o a speedy trial or disposition and prompt and final conclusion of [a] case after the conviction and sentence.” Ariz. Const, art. 2, § 2.1(A)(10) (“Victims’ Bill of Rights”). But that provision does not give victims a vested right to sustaining a conviction on appeal. See State ex rel. Thomas v. Klein, 214 Ariz. 205, 209 ¶ 14, 150 P.3d 778, 782 (App.2007) (<HOLDING>). Therefore, SB 1449 “is a valid exercise of Options: A. holding unconstitutional definition of criminal offense in 1344016 insofar as it narrowed definition of victim in effect when victims bill of rights adopted B. holding that an award of restitution is only for the loss caused by the specific conduct that is the basis of the offense of conviction C. holding that the victims negligence is not a defense to criminal conduct D. recognizing that the legislature may effectively limit the scope of the victims bill of rights by decriminalizing certain conduct or redefining the type of conduct that qualifies as a criminal offense E. holding that a sentencing court may consider acquitted conduct or uncharged criminal conduct

assistant: The best answer is D. recognizing that the legislature may effectively limit the scope of the victims bill of rights by decriminalizing certain conduct or redefining the type of conduct that qualifies as a criminal 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: for an injury shall be determined by the law in effect at the time of injury ..." 85 0.8.2001 § 3.6(F). The Oklahoma Supreme Court recently summarized the rules governing whether an amended statute can apply retroactively to a worker's compensation claim: The right to compensation and the. obligation to pay such benefits becomes vested and fixed by law at the time of the claimant's injury. Such rights cannot be affected by after-enacted legislation. The statutes in force on the date of injury form a part of the contract and determine the rights and obligations of the parties. No subsequent amendment can operate retrospectively to affect in any way the substantive rights and obligations which are fixed. CNA Ins. Co., ¶ 14, 148 P.8d at 877 (internal citations omitted & emphasis added) (<HOLDING>); see also Sudbury v. Deterding, 2001 OK 10, 19 Options: A. recognizing that state courts may be able to limit the retroactive effect of their declarations of state law B. holding immunity from liability is not jurisdictional C. holding that the basis of liability is negligence and not injury D. recognizing that substantial change is a defense to a products liability claim E. holding change of law from apportionment of liability to sole liability of current insurer affected substantive rights of parties and could not be given retroactive effect

assistant: The best answer is E. holding change of law from apportionment of liability to sole liability of current insurer affected substantive rights of parties and could not be given retroactive effect
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: be likely to deceive any person or be made in breach of any legal duty owed to a third party , such as a contractual duty or a duty of confidence or promote any illegal activity ;

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: As soon as is reasonably practicable following the end of the applicable Performance Period, and subject to the Committee certifying in writing as to the satisfaction of the requisite Performance Goal or Goals if such certification is required in order to qualify the Award for the performance-based exemption provided by Section 162(m) of the Code, payment of earned Performance Shares and/or Performance Units shall be made. The Committee, in its sole discretion, may pay earned Performance Shares and Performance Units in the form of cash, Shares (which may be Shares of Restricted Stock), Restricted Stock Units or a combination of cash, Shares (which may be Shares of Restricted Stock) and/or Restricted Stock Units, which have an aggregate Fair Market Value equal to the value of the earned Performance Shares and Shares underlying earned Performance Units at the close of the applicable Performance Period. Any Shares of Restricted Stock payable in connection with Performance Shares or Performance Units shall, pending the expiration, lapse, or waiver of the applicable restrictions, be evidenced in the manner as set forth in Section 6(c)(iii) hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the trial court ultimately awarded Landlord some $56,000.00 in attorney’s fees for the eviction proceedings. Pool and Spa has separately appealed that judgment to this Court in case number 3D 16-840. We express no opinion as to the merits of that appeal. 4 . While not important to our disposition of this cáse, we note that, in the negligence count of Landlord’s complaint, Landlord does, indeed, assert entitlement to fees by incorporating the fee entitlement paragraph found in the general allegations of the complaint. 5 . The 2012 version of rule 1.442(c), governing the form and content of proposals, required proposals to "identify the claim or claims the proposal is attempting to resolve.” Fla. R. Civ. P. 1.442(c)(2)(B). 6 . See Lyons v. Chamoun, 96 So.3d 456, 458 (Fla. 4th DCA 2012) (<HOLDING>); but see Russell Post Props., Inc. v. Leaders Options: A. holding merely that the evidence was sufficient to support the award of attorneys fees B. holding sanctions order was too general to support award C. holding a defense based on a contractual waiver and release of liability did not permit the award of attorneys fees in a negligence action D. holding that a proposal for settlement that provided plaintiff execute a full release but did not attach release to its proposal was too ambiguous to support an award of attorneys fees E. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency

assistant: The best answer is D. holding that a proposal for settlement that provided plaintiff execute a full release but did not attach release to its proposal was too ambiguous to support an award of attorneys fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The plaintiff in Rosanova did not even argue he was not a public figure; he only argued that he should not have become one. Rosanova, 580 F.2d at 861. Rosanova does not support defendants’ argument; the court rejects their contentions, and it sympathizes with the views of the Georgia court and the fifth circuit. Defendants also contend that plaintiff must show they acted with malice, regardless of her status as a public or private figure. Section 652E of the Second Restatement of Torts provides that one of the elements of false light publicity is that the defendant had knowledge of the falsity of his statement or reckless disregard for whether the statement was true. Section 652E has been adopted by the Kansas courts. Rinsley v. Frydman, 221 Kan. 297, 303, 559 P.2d 334, 339 (1977) (<HOLDING>); see also Rinsley v. Brandt, 700 F.2d 1304, Options: A. recognizing that kansas supreme court would accept the final draft of the restatement second of torts 652e adopted in 1977 B. recognizing that restatement second of torts 323 and 324a correctly state pennsylvania law C. recognizing that restatement second of torts 416 to 429 are often overlapping D. recognizing kansas courts adoption of restatement second of torts 909 1977 E. recognizing tentative draft of restatement second of torts 652e

assistant: The best answer is E. recognizing tentative draft of restatement second of torts 652e
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was a convicted felon, and allow the State to parade the defendant’s prior felony history before the jury, over objection by the defendant, was an abuse of discretion and deprived defendant of his fundamental right to a fair trial. (A96) (emphasis added). Reviewing this sentence in the context of the arguments made in Petitioner’s Opening Brief, the Court likewise concludes that it is insufficient to put the state supreme court on notice that Petitioner was raising a federal constitutional claim. As the Court noted, Petitioner did not analyze his claim in constitutional terms and his reference to Old Chief as not binding on the state courts undermines Petitioner’s argument that he raised a federal constitutional claim. See e.g. Bright v. Snyder, 218 F.Supp.2d 573, 578-579 (D.Del.2002) (<HOLDING>). In addition, the Court finds further support Options: A. holding that because defense counsel failed to alert the trial court that he was requesting relief based on a violation of defendants constitutional rights due process argument was not preserved for appellate review B. holding that petitioner did not exhaust his due process claim that he was denied a full and fair hearing by arguing that due process was violated on the ground that the ij admitted uncertified evidence C. holding that the petitioners due process claim that he was denied a full and fair hearing because the immigration judge was biased was the kind of procedural error that required exhaustion D. holding that petitioners reliance on a case which concluded that a defendants right to a fair trial was violated was insufficient to place court on notice that petitioner was advancing a constitutional due process claim because the decision was based on state law E. holding that notice of judgment was insufficient

assistant: The best answer is D. holding that petitioners reliance on a case which concluded that a defendants right to a fair trial was violated was insufficient to place court on notice that petitioner was advancing a constitutional due process claim because the decision was based on state law
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: Employee shall receive a base salary (the “ Base Salary ”) of $135,000 per year, in twelve equal monthly installments pursuant to Company’s payroll practices. Employer will periodically review Employee’s performance and determine whether increases in Employee’s base salary are warranted.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: booking.com is not liable or responsible for the remittance , collection , withholding or payment of the relevant taxes due on the ( room/reservation ) price to the relevant tax authorities .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: `` websites '' are the websites and services available from the domain and subdomains of linden lab and any related entity or successor domains from which linden lab may offer the service .

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: Poritz, 142 N.J. 1, 83-84, 662 A.2d 367 (1995), the Supreme Court of New Jersey held that the disclosure of an offender’s home address, when coupled with the other information included in the notification statute, implicates a privacy interest. The court, however, determined that an offender can only claim a limited expectation of privacy in the information. 142 N.J. at 88. Noting that the degree and scope of disclosure was “carefully calibrated” to the need for public disclosure, the court upheld the statute based on a prevailing state interest in protecting the public from the substantial danger of recidivism by sex offenders. 142 N.J. at 89-90. Some states have refused to find a privacy interest on behalf of the offender. Patterson v. State, 985 P.2d 1007 (Alaska App. July 23, 1999) (<HOLDING>); People v. Logan, 302 Ill. App. 3d 319, 334, Options: A. holding that where some radio scripts from aradio show had entered the public domain and others were protected by copyright plaintiff was entitled to use the public domain material without a license B. recognizing a right to privacy in avoiding disclosure of personal matters C. holding that constitutional right of privacy does not apply to medical records D. recognizing as a privacy right the individual interest in avoiding disclosure of personal matters E. holding that the right of privacy does not attach to matters already within the public domain

assistant: The best answer is E. holding that the right of privacy does not attach to matters already within the public domain
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Subject to the terms and conditions set forth in this Agreement and the Plan, the right of Employee to receive the Shares shall vest with respect to (i) 25% of the total number of Shares on February 28, 201__ and (ii) an additional 25% of the total number of Shares on February 28 of each of the three succeeding years thereafter; provided that, if not already vested in accordance with the foregoing, the right of Employee to receive the Shares shall become vested upon (i) a termination of Employee’s Continuous Service (as defined in the Plan) by the Company without Cause (as defined below) or by Employee for Good Reason (as defined below) that occurs after the occurrence of a Change in Control (as defined below) or (ii) the termination of Employee’s Continuous Service as a result of Employee’s death or Disability (as defined in the Plan).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller has engaged Seller’s Broker to act as Seller’s representative in this transaction, and Seller has sole responsibility for the payment of any amounts due to Seller’s Broker as a result of this transaction, pursuant to a separate written agreement. Buyer has engaged Buyer’s Broker as Buyer’s representative in this transaction. Any commission or finder’s fee due to Buyer’s Broker shall be paid by Buyer or pursuant to separate written agreement between Buyer’s Broker and Seller’s Broker. Except as set forth in the preceding sentences of this paragraph, neither Party has had any contact or dealings regarding the Property, or any communication in connection with the subject matter of this transaction through any real estate broker or other person who can claim a right to a commission or finder’s fee in connection with the transactions contemplated in this Agreement. In the event that any broker or finder perfects a claim for a commission or finder’s fee based upon any such contact, dealings or communication, the Party through whom the broker or finder makes its claim shall be responsible for said commission or fee and shall indemnify and hold harmless the other Party from and against all liabilities, losses, costs and expenses (including reasonable attorneys’ fees) arising in connection with such claim for a commission or finder’s fee. The provisions of this subsection shall survive the Closing or the termination of this Agreement.

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: a separate taxable entity to receive income, however, as the creation alone will not guarantee that the entity is deemed to have earned the income in question. [¶ 11] The general principle mandating that corporations be recognized as separate, taxable entities from their owners creates some tension with the requirement that income be taxed to the party who earns it. Recognizing that tension, in 1982 the United States Tax Court noted that, in the corporate context, simply identifying who earned the income may be inadequate to allow a determination of how the income should be taxed because corporations can act, and thus earn income, only through their agents. Johnson, 78 T.C. at 890-91; see also Haag v. Comm’r, 88 T.C. 604, 611 (1987); cf. State v. Placzek, 380 A.2d 1010, 1015 (Me.1977) (<HOLDING>). That inadequacy is highlighted when Options: A. holding that corporation and sole owner of corporation were separate legal entities and corporation was not party to contract signed by owner in individual capacity B. recognizing as a matter of federal law that an action to redress injuries to a corporation cannot be maintained by a shareholder in his own name but must be brought in the name of the corporation C. holding that claims of corporation vest in corporation D. holding that a corporation is held responsible for acts not within the agents corporate powers strictly construed but which the agent has assumed to perform for the corporation when employing the corporate powers actually authorized and in such eases there need be no written authority under seal or vote of the corporation in order to constitute the agency or to authorize the act E. recognizing that agents of a corporation may be held criminally responsible for crimes committed in the name of the corporation

assistant: The best answer is E. recognizing that agents of a corporation may be held criminally responsible for crimes committed in the name of the corporation
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 the will created a fee simple determinable remainder to Salvation Army. Plaintiffs may not on appeal change their theory for quieting title that was presented to the circuit court. Capobianco v. Pulitzer Publishing Co., 812 S.W.2d 852, 860 (Mo.App.1991). Even assuming plaintiffs’ allegations sufficiently presented this claim to the circuit court, review of the will does not demonstrate that it created a fee simple determinable remainder to Salvation Army. See Duncan v. Academy of the Sisters of the Sacred Heart, 350 S.W.2d 814, 816-17 (Mo.1961); Fuchs v. Reorganized School Dist. No. 2, 251 S.W.2d 677, 679 (Mo.1952); Chouteau v. City of St. Louis, 331 Mo. 781, 55 S.W.2d 29 84, 200 S.E.2d 769, 780-81 (1973) (quoting Restatement (Second) of Trusts section 411 comments c, k (1959)) (<HOLDING>); W. Fratcher, Scott on Trusts section 399.3 (4 Options: A. holding that if testamentary trust fails proceeds are distributed to the residuary legatee B. holding that cy pres could not be used to divert the proceeds of an educational trust to a civic association even though that associations activities were undoubtedly laudable C. holding that the trust fund doctrine was inapplicable where the corporation had filed bankruptcy D. holding that heirs at law of testatrix were not necessary parties to action where trust fails cy pres is inapplicable and the will contained a residuary clause and finding no basis to distinguish between the situation where the trust does or does not become operative E. holding that if the trust becomes operative thereafter fails and cy pres is inapplicable the devolution of the trust goes to the heirs at law and not to residuary legatees

assistant: The best answer is D. holding that heirs at law of testatrix were not necessary parties to action where trust fails cy pres is inapplicable and the will contained a residuary clause and finding no basis to distinguish between the situation where the trust does or does not become operative
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than with respect to the indemnification obligations of Splitco set forth in Section 2.9 , and the other obligations that by their nature should survive following the time at which a Holder ceases to hold Registrable Securities, Splitco’s obligations under this Agreement shall cease with respect to any Holder when such Holder ceases to hold Registrable Securities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: trial, arguing the court improperly excluded its sole expert witness, Bolt, from testifying at trial. The court denied the motion, stating that it did not completely exclude Bolt from testifying at trial, “but rather determ limine serve as the basis for the rule that “error claimed in a court’s ruling on a motion in limine is waived unless a timely objection is made when the evidence is offered at trial.” State v. Alberts, 722 N.W.2d 402, 406 (Iowa 2006) (quoting State v. Tangie, 616 N.W.2d 564, 568 (Iowa 2000)) (internal quotation marks omitted); accord Simkins v. City of Davenport, 232 N.W.2d 561, 565 (Iowa 1975). This is because the error only occurs, if at all, when the evidence is offered at trial and is either admitted or refused. State v. Langley, 265 N.W.2d 718, 720 (Iowa 1978) (<HOLDING>). There is, however, an exception to this Options: A. holding that once a sentence is imposed it is a valid final judgment until it is reversed or vacated B. holding that it is not C. holding that a bankruptcy order is not final unless it 1 D. recognizing further normally the ruling is not a final one it is a red flag to counsel that the evidence is not to be brought before the jury unless and until it is separately taken up with the court at trial E. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence

assistant: The best answer is D. recognizing further normally the ruling is not a final one it is a red flag to counsel that the evidence is not to be brought before the jury unless and until it is separately taken up with the court at trial
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: See infra at 17-18. 11 . See McIntosh, 395 A.2d at 750 n. 12 (noting that in 1976, Congress amended the predecessor of Section 1-206.02(a)(9) to "extend [that] section’s time prohibition” from two years to four years). 12 . For other such cases, see. Dimond v. District of Columbia, 253 U.S.App. D.C. 11), 121-22, 792 F.2d 179, 189-90 (1986) (upholding District of Columbia Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, which defined Superior Court's "jurisdiction in automobile accident tort cases to extend only to cases where $5,000 in medical expenses have been incurred,” against argument that this act violated the HRA's restriction on Council legislation relating to the organization and jurisdiction of the District of Columbia Courts); Ilessey v. Burden, 584 A.2d 1 (D.C.1990) (<HOLDING>); District of Columbia v. Greater Wash. Cent. Options: A. holding that to prove ineffectiveness where defendant rejected plea offer upon advice of counsel defendant must show he would have accepted the offer had counsel advised correctly the state would not have withdrawn its offer the court would have accepted the offer and the resulting sentence would have been less severe B. holding that the failure to interview and present alibi witnesses who would have supported the defendants version of events was prejudicial C. holding that the elevated class c felony penalty for the offense of criminal recklessness by shooting a firearm from a vehicle into a place where people are likely to gather did not shock public sentiment or violate the judgment of reasonable people because among other things the use of a vehicle would make it less likely that the person would be identified which in turn would make it more likely that the offense would be committed D. holding that initiative that would have enlarged the class of persons who would bring appeals to the tax division of the superior court would not violate the predecessor version of section 120602a4 E. holding that the court need not follow a decision of the district of columbia court of appeals where it appears that the court of appeals itself would not follow that decision

assistant: The best answer is D. holding that initiative that would have enlarged the class of persons who would bring appeals to the tax division of the superior court would not violate the predecessor version of section 120602a4
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive represents and warrants to the Company that: (1) he has full power, authority and capacity to execute and deliver this Agreement, and to perform his obligations hereunder, (1) such execution, delivery and performance will not (and with the giving of notice or lapse of time, or both, would not) result in the breach of any agreement or other obligation to which he is a party or is otherwise bound, and (1) this Agreement is his valid and binding obligation, enforceable in accordance with its terms.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the use of a deadly weapon. Additionally, the State does not dispute there is no other pleading sufficient to put the defendant on notice it would be seeking a deadly weapon finding. However, the State avers that the indictment, while not expressly asserting the use of a deadly weapon, was sufficient to put the defendant on notice. The indictment in this case stated in relevant part that: Aubrey Sande Houston [14th Dist.] 1989), aff'd, 804 S.W.2d 107 (Tex.Crim.App.1991) (indicating that indictment alleging unknown object used to strangle victim provided sufficient notice to defendant the State would seek deadly weapon fin serious bodily injury caused by “placing victim in hot liquid” was proper notice); Mitchell v. State, 821 S.W.2d 420, 424 (Tex.App.—Austin 1991, pet. ref'd) (<HOLDING>). Here, the indictment alleged appellant Options: A. recognizing that motor vehicle can be a deadly weapon in involuntary manslaughter case for purposes of providing notice in indictment B. holding that indictment alleging defendant committed attempted murder by stabbing with a knife was proper notice of intent to seek deadly weapon finding C. holding an allegation that defendant caused death by cutting victims throat with sharp object was sufficient to give notice of states intent to seek deadly weapon finding D. holding a motor vehicle can be a deadly weapon by the manner of its use E. holding that indictment alleging serious bodily injury caused by motor vehicle colliding with a fixed object provides sufficient notice of states intent to seek deadly weapon finding

assistant: The best answer is E. holding that indictment alleging serious bodily injury caused by motor vehicle colliding with a fixed object provides sufficient notice of states intent to seek deadly weapon finding
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 indemnify and hold harmless Executive to the fullest extent permitted by law for any action or inaction she takes in good faith with regard to the Company or parent or any benefit plan of either, in accordance with the Company’s Articles of Incorporation and By-laws. Further, the Company shall cover Executive on its directors’ and officers’ liability insurance policies to no less extent than that which covers any other officer or director of the Company.

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: The agreements in this Section 11.04 and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent, the replacement of any Lender, the termination of this Agreement and the repayment, satisfaction or discharge of all the other Obligations.

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 case excerpt and choose the best holding from the options. Case excerpt: West African immigrant who is black, contends that his sentence was impermissi-bly based on his nationality or race. In support of this contention, Agodio points to the lesser sentences received by his cocon-spirators, who are both white. We find Agodio’s argument unpersuasive. The district court did not reference Ago-dio’s nationality or race at the sentencing hearing, and only commented on Agodio’s status as an immigrant in response to defense counsel’s and Agodio’s arguments on that subject in mitigation. Indeed, the district court stated that it was imposing a lesser sentence because Agodio was a de-portable alien who would likely serve his sentence in a higher security prison than others convicted of similar crimes. See United States v. DeBeir, 186 F.3d 661, 569-71 (4th Cir. 1999) (<HOLDING>). If not for Ago-dio’s status as a deportable Options: A. recognizing that district court may take into account adverse impact on incarceration caused by status as deportable alien B. holding that defendants status as a deportable alien could be considered by the district court at sentencing C. holding that the district court could consider increased sentence severity resulting from deportable alien status D. holding that departure based on deportable alien status was prohibited E. holding that deportable alien status is not a ground for departing downward

assistant: The best answer is A. recognizing that district court may take into account adverse impact on incarceration caused by status as deportable alien
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE OMNIBUS AGREEMENT CONSTITUTE THE ENTIRE UNDERSTANDING AMONG THE PARTIES HERETO WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDE ANY PRIOR AGREEMENTS, WRITTEN OR ORAL, WITH RESPECT THERETO. THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG 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: The agreements in this Section shall survive the resignation of the Administrative Agent, the Issuing Lender and the Swing Line Lender, the replacement of any Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations.

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 case excerpt and choose the best holding from the options. Case excerpt: that restricts the type of retaliatory act that might be visited on an employee who seeks to invoke her rights by filing a complaint.”) Further, it appears that if retaliation does take the form of an employment action, such action need not be as severe as that required to state a discrimination claim. Herrnreiter, 315 F.3d at 746. In Hermreiter, the Seventh Circuit criticized a number of decisions that stated or assumed that in a retaliation context, an employment action must be as severe as in a discrimination context. The court did not resolve the question of what conduct is necessary to be actionable in a retaliation context, but cited or discussed a number of cases which are instructive on the issue. See, e.g., Passer v. Am. Chem. Soc’y, 935 F.2d 322, 331 (D.C.Cir.1991) (<HOLDING>); Berry v. Stevinson Chevrolet, 74 F.3d 980, Options: A. holding that cancellation of a symposium in employees honor was a sufficient act of retaliation B. recognizing first amendment retaliation right C. holding that cancellation of benefit to honor plaintiff in retaliation for filing an age discrimination complaint constitutes adverse employment action because of public humiliation involved D. holding plaintiff did not exhaust his retaliation claim where his eeoc charge made no mention of retaliation E. holding that the fact that employer had knowledge of the employees protected activity was not sufficient to establish a prima facie case of retaliation where the timing of the discharge was not proximate to the protected activity

assistant: The best answer is A. holding that cancellation of a symposium in employees honor was a sufficient act of retaliation
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 Administrative Agent shall have received a Notice of Borrowing or Letter of Credit Application, as applicable, from the Borrower in accordance with Section 2.03(a) or Section 3.02 , as applicable.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms and conditions , as may be amended from time to time , apply to all our services directly or indirectly ( through distributors ) made available online , through any mobile device , by email or by telephone .

assistant: Unilateral change
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: Information concerning the Company’s capitalization and securities is contained in the Company’s Annual Report on Form 10-K, filed with the SEC on January 13, 2016. As of June 14, 2016, there were 241,851,884 shares of Common Stock issued and outstanding. All outstanding shares of the Company’s capital stock have been, or upon issuance will be, validly issued, fully paid and non-assessable. To the Company’s knowledge, all securities of the Company have been issued in compliance with the Securities Act and applicable state and foreign securities laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On a non-cumulative basis the Employee will be entitled to vacation in each year of this Agreement in accordance with the Bank’s vacation policy as then in effect, during which the Employee’s Base Salary will be paid in full.

assistant: Vacations
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 the other party hereto shall bring all of their portion of such fence to such tight fence condition within ninety days. Under the doctrine of incorporation, an extrinsic document becomes part of the contract by reference to that document in the contract. Hofmeyer v. Iowa Dist. Ct., 640 N.W.2d 225, 228 (Iowa 2001). The doctrine of incorporation requires the contract to make a clear and specific reference to an extrinsic document to incorporate the document into the contract. In re Estate of Kokjohn (Kokjohn v. Harrington), 531 N.W.2d 99, 100-01 (Iowa 1995). Whether a contract incorporates extrinsic material presents a question of law. Hofmeyer, 640 N.W.2d at 228. Statutes and administrative rules can become part of a contract under the doctrine of incorporation. See id. at 229 (<HOLDING>); 11 Richard A. Lord, Williston on Contracts § Options: A. holding that the plaintiffs claims arose from a certain contract because the subject matter of the plaintiffs suit was intertwined with requirements referred to in the contract B. holding that nonsignatories to a contract have no rights under the contract and thus no standing to assert claims under the contract C. holding an administrative rule referred to in the contract became part of the contract under the doctrine of incorporation D. holding that the law of the state of incorporation applies E. holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable

assistant: The best answer is C. holding an administrative rule referred to in the contract became part of the contract under the doctrine of incorporation
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 attached Exhibits (including the form of U.S. License Agreement and the form of Global License Agreement) and Schedules, as well as any and all executed U.S. License Agreements and Global License Agreements, contains the entire agreement by the Parties with respect to the subject matter hereof and supersedes any prior express or implied agreements, understandings and representations, either oral or written, which may have related to the subject matter hereof in any way, including the Existing Confidentiality Agreement (as set forth in Section 8.11) and any and all term sheets relating to the transactions contemplated by this Agreement and exchanged between the Parties prior to the Effective Date . If a U.S. License Agreement is entered into with respect to a given Program, then to the extent there is a conflict between the provisions of this Agreement and the provisions of such U.S. License Agreement, the provisions of such U.S. License Agreement shall control with respect to such Program. If a Global License Agreement is entered into with respect to a given Program, then to the extent there is a conflict between the provisions of this Agreement (or the provisions of any prior U.S. License Agreement for such Program), the provisions of such Global License Agreement shall control with respect to such Program.

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 Company shall indemnify and hold the Executive harmless to the maximum extent permitted by Section 2-418 of the Maryland General Corporations Law or its successor statute. From the date hereof, and for six (6) years following the Resignation Date, the Company (or any successor thereto) shall provide the Executive with comprehensive coverage under the Company’s officers and directors insurance policy (or policies) on substantially the same terms and levels that it provides to its senior executive officers, at the Company’s sole cost.

assistant: Indemnifications