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: choices as to the book cover images it displays on its website. That choice was made by the publisher Ophelia Editions. Moreover, Almeida does not allege that Amazon’s display of her image emphasized her role in Cabral’s photo exhibit, or that it can be distinguished from Amazon’s customary display of book cover images. Rather, we find that, as a matter of business practice, Amazon’s use of book cover images closely simulates a customer’s experience browsing book covers in a traditional book store. Thus, it is clear that Amazon’s use of book cover images is not an endorsement or promotion of any product or service, but is merely incidental to, and customary for, the business of internet book sales. See Vinci v. Am. Can Co., 69 Ohio App.3d 727, 591 N.E.2d 793, 794 (Ohio Ct.App.1990) (<HOLDING>); Restatement (Second) of Torts § 652C cmt. d Options: A. holding that the shape of a product was not an advertising idea because there was no allegation in the complaint that the design itself was a trademark or was intended to distinguish the product from others that might enter the market citation omitted B. holding that informational blurbs about charles vinci the 1956 and 1960 weightlifting olympic gold medalist on dixie cups was merely incidental to the promotion of the dixie cups and thus permissible C. holding that the mention of olympic athletes names was incidental to the promotion of dixie cups and thus not a violation of ohios common law right of appropriation because the use was purely informational and there was no implication that the athletes used supported or promoted the product D. holding that the trial court did not exceed its discretion by admitting expert testimony on future compensation rates for marine engineer positions where it was based on a meba union officials testimony regarding promotion the jury was given information to assess the plaintiffs chances of promotion and the juiy was clearly instructed that the testimony was only relevant if they found that the plaintiff would have been promoted E. holding that the trial court committed no abuse of discretion in denying the appointment of the defendants requested expert as there was no undue prejudice to the defendant because the defendants claim on the predicted effect of the experts testimony was purely speculative

assistant: The best answer is C. holding that the mention of olympic athletes names was incidental to the promotion of dixie cups and thus not a violation of ohios common law right of appropriation because the use was purely informational and there was no implication that the athletes used supported or promoted the product
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: at 267. There is a well-established presumption that damages incurred by copyright infringement are, by their very nature, irreparable and not susceptible of monetary measurement, thus rendering any remedy at law inadequate. See Atari, 672 F.2d at 620; ISC-Bunker Ramo Corp. v. Altech, Inc., 765 F.Supp. 1310, 1329 (N.D.Ill.1990). 99. In copyright infringement cases, there simply is no need to prove irreparable harm. See Concrete Mach., 843 F.2d at 612 (discussing the presumption of irreparable harm and stating that “[t]here is ... no need actually to prove irreparable harm when seeking an injunction against copyright infringement.”). In fact, some courts have held that a failure to consider the presumption of irreparable harm is reversible error. See Franklin Computer, 714 F.2d at 1254 (<HOLDING>); Atari, 672 F.2d at 620-21 (reversing the Options: A. holding that a party who can show a significant risk of irreparable harm has demonstrated that the harm is not speculative B. holding that district court erred in failing to consider evidence of secondary considerations C. holding that a movant that clearly establishes likelihood of success on the merits receives the benefit of a presumption of irreparable harm D. holding that the district court erred when it failed to consider the presumption of irreparable harm E. holding that the threat of irreparable harm must be immediate

assistant: The best answer is D. holding that the district court erred when it failed to consider the presumption of irreparable harm
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 all exhibits and schedules to this Agreement, constitutes the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement and supersedes any and all prior negotiations, correspondence, agreements, understandings, duties or obligations between the parties with respect to the subject matter of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (the limit of that insurer’s bond obligation for employee dishonesty and audit expenses). Thus, the NCUA stated that it thought the amount of funds misappropriated by Kinney to be “a lot higher” than its loss claim “because of the 33 member share accounts that were understated by $1,308,987.” App’x 62. In the absence of cooperation from these members, some of whom were relatives or close Mends of the defendant who believed she would “take care of everything for them,” the NCUA’s tracing abilities were limited by the very nature of Kinney’s embezzlement scheme. Id. A defendant’s restitution obligation is not limited to the amount that she has realized from her crime but, rather, extends to the full loss sustained by victims. See United States v. Zangari, 677 F.3d 86, 92 (2d Cir. 2012) (<HOLDING>); United States v. Boccagna, 450 F.3d 107, 115 Options: A. holding that a district court cannot order restitution in amounts that will result in the payment to the victim of an amount greater than the victims loss B. holding that measure of restitution is victims loss not defendants gain C. holding that the amount of restitution is limited to the victims actual losses D. holding under the policy language that diminution of market value is not a cause of loss but a measure of a loss caused by something else E. holding that equitable restitution is available but that legal restitution is not

assistant: The best answer is B. holding that measure of restitution is victims loss not defendants gain
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: purports to be — an authorization to settle the case for $500,000. In sum, the Court rejects Plaintiff's attempt to rely on this prior settlement discourse as a means to establish a viable amendment. 3 . Plaintiff could have amended her administrative claim at this time because the INS had not yet denied her claim. See generally 28 U.S.C. § 2675(a). However, Plaintiff elected not to file an amendment. 4 . Plaintiff contends that Defendant has the burden of showing that Plaintiff's injury was not reasonably foreseeable when Plaintiff filed her administrative claim. (PL’s Reply at 2-3.) Plaintiff is wrong. It is well settled that a plaintiff has the burden of proving “newly discovered evidence" under 28 U.S.C. § 2675(b). See Milano v. United States, 92 F.Supp.2d 769, 774 (N.D.Ill.2000) (<HOLDING>); see also Lowry, 958 F.Supp. at 719 (“The Options: A. holding that newly discovered evidence must be that which existed at the time of trial but for an excusable reason was not discoverable until later B. holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment C. holding that a plaintiff has the burden of proof to show newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency D. holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed E. holding that the defendants evidence did not qualify as newly discovered evidence

assistant: The best answer is C. holding that a plaintiff has the burden of proof to show newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 376 U.S. 203 84 S.Ct. 699 11 L.Ed.2d 636 Rebecca Simon WOLFSOHN, Executrix,v.Gregory HANKIN et al. No. 680. Supreme Court of the United States February 24, 1964 Rehearing Denied April 6, 1964. See 376 U.S. 973, 84 S.Ct. 1133. Fred I. Simon, for petitioner. Gregory Hankin, pro se. John V. Long, for respondent Hankin. On Petition for Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted and the judgment is reversed. Harris Truck Lines, Inc. v. Cherry Meat Packers, Inc., 371 U.S. 215, 83 S.Ct. 283, 9 L.Ed.2d 261; Thompson v. Immigration & Naturalization Service, 375 U.S. 384, 84 S.Ct. 397, 11 L.Ed.2d 404. 2 Mr. Justice CLARK, whom Mr. Justice HARLAN, Mr. Justice STEWART and Mr. Justice WHITE join, dissenting. 3 I have concluded that Harris Truck Lines v. Cherry Meat Packers, 371 U.S. 215, 83 S.Ct. 283 (1962), should be confined to its peculiar facts, i. e., a finding of 'excusable neglect' under Rule 73(a) of the Federal Rules of Civil Procedure. I say this, although I joined Harris, because the Court has used Harris to spawn the present hopeless confusion which I never contemplated at the time of its decision. Harris was the authority upon which the Court rested Thompson v. Immigration and Naturalization Service, 375 U.S. 384, 84 S.Ct. 397 (1964), despite the fact that Thompson involved Rules 52(b) and 59(b) and (e) with their specific requirements that the motion must be made or served not later than 10 days after the entry of judgment. The Court brushed aside these express and unambiguous mandates of Congress with the assertion that Thompson 'fits squarely within the letter and spirit of Harris.' 375 U.S. 384, 387, 84 S.Ct. 397, 399. And now comes a third case, involving the same Rule 59(b), which further compounds the subversion of the rules. It appears clear to me that through Harris this Court has given trial judges the de facto power to grant extensions of time, directly contra to the definite requirements of Rules 52(b) and 59 and the command of Rule 6(b) that the court 'may not extend the time for taking any action under rules * * * 52(b), 59(b), (d) and (e) * * *.' I therefore respectfully dissent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: tolling is unavailable to suspend the running of the Rule 32.2(c) limitations period. Ward appears to be correct that this Court has never addressed this issue. “Although we today hold that the limitations provision in Rule 32.2(c) is not a jurisdictional bar, it is nonetheless written in mandatory terms. Rule 32.2(c) provides that ‘the court shall not entertain any petition for relief from a conviction or sentence’ that is not timely. In prior cases in which it concluded that equitable tolling is unavailable, the Court of Criminal Appeals based its holding on the mandatory ‘shall’ language found in Rule 32.2(c) and the fact that no Alabama court has ever held that there is an exception to the limitations period. See, e.g., Arthur v. State, 820 So.2d 886, 889-90 (Ala.Crim.App.2001) (<HOLDING>). However, this Court has never held that Options: A. holding that there is no spousal exception to the statute B. holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling C. holding that the courts statute of limitations is jurisdictional in nature and is thus not subject to waiver or estoppel D. holding that the aedpa statute of limitations is not jurisdictional E. holding that there is no exception to rule 322c and that the limitations period is jurisdictional

assistant: The best answer is E. holding that there is no exception to rule 322c and that the limitations period is jurisdictional
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: claims that they knowingly suppressed exculpatory evidence. See Reid v. New Hampshire, 56 F.3d 332, 336-37 (1st Cir.1995) (citations omitted) (applying absolute immunity rule to claim that prosecutors withheld exculpatory evidence i Cignetti’s conspiracy allegations nevertheless fail because the record is devoid of either direct or circumstantial evidence of an agreement. Finally, Cignetti’s reliance on Gonsalves v. City of New Bedford, 939 F.Supp. 921 (D.Mass.1996), for the proposition that prosecutors who engage in a cover-up of their own improper conduct or the improper conduct' of others are not entitled to absolute immunity is misplaced. Gon-salves deals only with claims against police officers and has absolutely nothing to do with the immunity of prosecutors. 939 F.Supp. at 925 (<HOLDING>). Moreover, in Reid v. New Hampshire, 56 F.3d Options: A. holding that a 1983 cause of action lies where police officers as opposed to prosecutors engaged in an intentional coverup thereby depriving a person of the right to recover for constitutional violations B. holding that a police department is not a person within the meaning of section 1983 C. holding that an action for specific performance lies in equity D. holding that in a 1983 action issue of probable cause is for the jury E. holding 1983 action lies for warrantless arrest without probable cause

assistant: The best answer is A. holding that a 1983 cause of action lies where police officers as opposed to prosecutors engaged in an intentional coverup thereby depriving a person of the right to recover for constitutional violations
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 Plan constitute the entire contract between the parties hereto with regard to the subject matter hereof and supersede any other agreements, representations or understandings (whether oral or written and whether express or implied) which relate to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to be party to or otherwise enter into any Hedge Contract that (i) is entered into for reasons other than as a part of its normal business operations as a risk management strategy and/or hedge against changes resulting from market conditions related to the Borrower's operations or (ii) is longer than five years in duration.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the licence for a digital product is offered free of charge by noe in nintendo shopping services , the licence will be registered to your nintendo account after you have submitted the respective order in nintendo shopping 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: Borrower and its Subsidiaries shall maintain their respective existence as a corporation and all of its privileges, franchises, agreements, qualifications and rights that are necessary or desirable in the ordinary course of business; and Borrower shall cause each of its Subsidiaries to maintain and preserve their respective good standing with all Tribunals.

assistant: Existence
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 right, power and remedy of Secured Party provided for in this Agreement, in any Purchase Agreement or in any other Note Document or now or hereafter existing at law or in equity or by statute shall be cumulative and concurrent and shall be in addition to every other such right, power or remedy. The exercise or beginning of the exercise by Secured Party of any one or more of the rights, powers or remedies provided for in this Agreement, in the Purchase Agreement or any other Note Document or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by Secured Party of all such other rights, powers or remedies, and no failure or delay on the part of Secured Party to exercise any such right, power or remedy shall operate as a waiver thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Bonilla did not have the present ability to comply with the court’s discovery orders. A trial court should only impose discovery sanctions, especially the severe sanction, of dismissal, “when the non-complying party has the present ability to comply with the discovery orders.” Arviv v. Perlow, 528 So.2d 139, 140 (Fla. 4th DCA 1988). It is an abuse of discretion for a trial court to impose the sanction of dismissal upon a party who does not have the present ability to comply with the court’s discovery orders. See Arviv, 528 So.2d at 140 (finding that the trial court abused its discretion in dismissing the plaintiffs case where the plaintiff had no present means with which to comply with the discovery order); Garcia Fleet Corp. v. Martinez, 483 So.2d 502, 503 (Fla. 3d DCA 1986) (<HOLDING>); Robinson v. Allstate Ins. Co., 417 So.2d 778, Options: A. holding that the district court abused its discretion by denying the habeas petitioners motion to conduct dna testing which was unavailable at trial B. holding that the trial court abused its discretion by entering a dismissal where the plaintiffs were at sea when the trial court granted its discovery order and were therefore unavailable to be renoticed for their depositions C. holding trial court abused its discretion when case had been on file for only three months the discovery sought was material to the plaintiffs claims and the plaintiff exercised due diligence in obtaining discovery D. holding that trial court was required to give full effect to supreme courts judgment and that by failing to do so the trial court abused its discretion E. holding that the issue was more appropriately framed as whether the trial court abused its discretion by admitting the evidence at trial

assistant: The best answer is B. holding that the trial court abused its discretion by entering a dismissal where the plaintiffs were at sea when the trial court granted its discovery order and were therefore unavailable to be renoticed for their depositions
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 case but before the case is closed, dismissed, or converted to a case under chapter 7, 11, or 12 of this title, whichever occurs first[.] Id. § 1306(a)(1). There is a split of authority on the issue of whether life insurance proceeds acquired by a debtor more than 180 days after filing a Chapter 13 case are property of the estate. However, “[t]he overwhelming majority of courts to have addressed this issue ‘agree that § 1306 modifies the § 541 time period in Chapter 13 cases.’ ” Carroll v. Logan, 735 F.3d 147, 151 (4th Cir.2013) (quoting Vannordstrand v. Hamilton (In re Vannordstrand), 356 B.R. 788 (10th Cir. BAP 2007) (collecting cases)); accord Dale v. Maney (In re Dale), 505 B.R. 8, 13 (9th Cir. BAP 2014). But see In re McAllister, 510 B.R. 409, 420 (Bankr.N.D.Ga.2014) (<HOLDING>); In re Key, 465 B.R. 709, 712 Options: A. holding that an executor named in a will is not subject to the nonresident restriction set forth in 43222 B. holding that the specific date restriction set forth in 541a5 controls and that 1306a1 does not eliminate that restriction C. holding valid an ownedbutunscheduled restriction in a um policy D. holding that the judges restriction of the class was not an abuse of discretion E. holding that grantee of restriction may enforce covenant in equity

assistant: The best answer is B. holding that the specific date restriction set forth in 541a5 controls and that 1306a1 does not eliminate that restriction
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: only as part of the presentations to a group, or whether appellees had any conversations with Hoagland, and, if so, the content of those conversations. Appellees merely stated they did not make misrepresentations to Hoagland in Texas regarding the business transaction made the basis of the captioned case. We conclude these statements are unsupported factual and legal conclusions. See Ennis, 164 S.W.3d at 703-04 (affirming trial court’s exclusion of nonresident’s statements that he did not have a substantial connection with Texas, plaintiffs’ claims did not result from and were not related to any of affiant’s activities in Texas, affiant did not have any continuing or systematic contacts with Texas, and affiant did not commit any tort in Texas); see also Wright, 137 S.W.3d at 250 n. 8 (<HOLDING>). Kassoffs affidavit is similarly concluso-ry. Options: A. holding plaintiffs allegation that defendants committed torts in texas was sufficient to bring defendants under the longarm statute B. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied C. holding plaintiffs allegation that defendants committed torts in houston texas was sufficient to bring defendants under the longarm statute for plaintiffs claims of various forms of fraud and negligent misrepresentation D. recognizing strong interest in protecting texas citizens where tort was committed in whole or in part in texas E. holding nonresidents statement that he had committed no torts in texas was properly excluded as conclusory

assistant: The best answer is E. holding nonresidents statement that he had committed no torts in texas was properly excluded as conclusory
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth below, the Company will pay all of the expenses incurred in connection with complying with this Agreement (whether or not any Registration Statement or Prospectus becomes final or effective), including, without limitation: all registration, filing and printing fees, the Company’s counsel and accounting fees and expenses, costs and expenses associated with clearing the Registrable Securities for sale under applicable state securities laws (including, without limitation, fees, charges and disbursements of counsel in connection with such clearance), all listing fees, expenses incurred by the Company in connection with any “road show” and reasonable fees, charges and disbursements of counsel to the Purchaser. The Company shall not be required to pay or reimburse the Purchaser for any underwriting discounts or commissions and fees of underwriters, selling brokers, dealer managers or similar securities industry professionals with respect to the Registrable Securities being sold.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery, telegram, or facsimile, addressed asset forth below or to such ot her address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be as set forth in the heading of this Agreement with a copy by fax only to (which copy shall not constitute notice) to Naidich Wurman LLP, 111 Great Neck Road, Suite 214, Great Neck, NY 11021, Attn: Allison Naidich, facsimile: 516-466-3555, e-mail: allison@nwlaw.com . Each party shall provide notice to the other party of any change in address.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Target Company has conducted its business in accordance with all applicable laws and binding regulations except where failure to do so would not materially impact the operations of the Business as a whole and no Management Warrantor has committed any crime (other than minor traffic offences). The Target Companies have not received notification that any investigation or inquiry is being or has been conducted by any governmental or other body (including any Competition Authority) in respect of the affairs of the Target Companies and no circumstances exist which would give rise to such investigation or inquiry.

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: There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any Senior Officer, threatened in writing against or affecting the Borrower or any Guarantor which would reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Credit Extensions. As of the Effective Date, the Borrower has no material Contingent Obligations not provided for or disclosed in the financial statements referred to in ‎Section 5.4, except as would not reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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: significant the fact that aid is provided to pupils and their parents, rather than directly to sectarian schools. As a result, “ ‘[a]ny aid . . . that ultimately flows to religious institutions does so only as a result of the genuinely independent and private choices of aid recipients.’” Ante, at 9, quoting Witters v. Washington Dept. of Services for Blind, 474 U. S. 481, 487 (1986). And, finally, the majority opines that “the task of a sign-language interpreter seems to us quite different from that of a teacher or guidance counselor.” Ante, at 13. But the majority’s arguments are unavailing. As to the first two, even a general welfare program may have specific applications that are constitutionally forbidden under the Establishment Clause. See Bowen v. Kendrick, 487 U. S. 589 (1988) (<HOLDING>). For example, a general program granting Options: A. holding that the endorsing requirement does not violate the establishment clause B. holding that adolescent family life act on its face did not violate the establishment clause but remanding for examination of the constitutionality of particular applications C. holding that establishment of christmas day as legal public holiday did not violate establishment clause D. holding that the presence of a cross on the city insignia did not violate the establishment clause E. holding constitutional on its face the adolescent family life actan act providing grants to religious and other institutions giving counseling on teenage sexuality without expressly requiring that the funds not be used for religious purposesbut remanding for a determination of the acts constitutionality as applied

assistant: The best answer is B. holding that adolescent family life act on its face did not violate the establishment clause but remanding for examination of the constitutionality of particular applications
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 wrongful manipulation of the WSSC by either the Council or the Planning Commission. 281 Md. at 21-22, 376 A.2d 505. The court held that the dedication to the public of the property valued at $800,000 did not create any vested rights. 281 Md. at 23, 376 A.2d 505. The court’s rationale was that there was no evidence that TKU had been guaranteed a permit to redevelop and that no valid promises by appropriate officials had been made to the developer. The court concluded: [I]n order to obtain a vested zoning status, there must be cons 6 Md. 117, 125-26, 291 A.2d 672 (1972); City of Hagerstown v. Long Meadow Shopping Ctr., 264 Md. 481, 494-96, 287 A.2d 242 (1972); Mayor of Baltimore v. Shapiro, 187 Md. 623, 624, 51 A.2d 273 (1947); Lipsitz v. Parr, 164 Md. 222, 228, 164 A. 743 (1933) (<HOLDING>); County Comm’rs v. Arundel Corp., 82 Md.App. Options: A. holding that it is well settled that there is no constitutional right to an appeal B. holding that it is not C. holding that if precise issue is not clear in statute reviewing court must not simply impose its own construction but must determine whether agencys construction is permissible D. holding a defendant is not vested with a right to be absent from trial E. holding that even if construction commences but it is based on an illegally issued permit no vested right is created

assistant: The best answer is E. holding that even if construction commences but it is based on an illegally issued permit no vested right is created
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Sections 3, 4 and 6 below, Participant’s interest in the Restricted Stock Units will become nonforfeitable (“Vested”) as follows: thirty-three and one-third percent (33 1/3%) of the Restricted Stock Units shall become Vested as of each of the first, second and third anniversaries of the Award Date (with each such date, a “Vesting Date”), so long as Participant remains in continuous service as a Director through the applicable Vesting Date. The period beginning on the Award Date and ending on the final Vesting Date shall be the “Restriction Period.” Any Restricted Stock Units that become Vested pursuant to this Section 2 shall be settled as specified in Section 5(b)(i) hereof.

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: Subject to the terms and conditions of this Agreement, as of the date hereof, the Company and Investor agree to cooperate with each other, and at the request of the other party, to execute and deliver any further instruments or documents and take all such further action as the other party may reasonably request in order to evidence or effectuate the consummation of the transactions contemplated by the VDF-KonaRed Agreements and to otherwise carry out the intent of the parties hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the “ Six-Month Delay Toggle ” (as defined in Section 15 of this Agreement), Units representing Certified RIUs shall be delivered to Participant no later than (i) if vesting occurs pursuant to Section 3(c), the 15 th day of the third calendar month following the date on which vesting occurs (it being understood that in circumstances where Tranche RIUs remain eligible for vesting as Certified RIUs pursuant to Section 3(c), Units relating to the applicable Certified RIUs shall be delivered no later than the 15 th day of the third calendar month following the relevant Tranche Valuation Date) and (ii) otherwise, 75 days following the End Date. Such Units representing Certified RIUs shall be delivered free of all restrictions to Participant or Participant’s beneficiary or estate, as the case may be (it being understood that the entry on the transfer agent’s books or the delivery of the certificate(s) with respect to such Units shall constitute delivery of such Units for purposes of this Agreement).

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: of the First Amendment. However, the court’s analysis in In re Green, has been seriously undermined by Employment Div., Dept. of Human Resources of Oregon v. Smith, 494 U.S. 872, 110 S.Ct. 1595, 108 L.Ed.2d 876 (1990) in which the Supreme Court held: [I]f prohibiting the free exercise of religion ... is not the object of the [law] but merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended. In re Lynn, 168 B.R. 693, 697 (Bankr.D.Ariz.1994) (quoting, Employment Div. v. Smith, 494 U.S. at 878, 110 S.Ct. at 1599-1600). Three bankruptcy courts have held that Smith stands for the proposition that the Bankruptcy Code need not yield to a debtor’s desire to tithe. See In re Young, 152 B.R. 939, 951 (Bankr.D.Minn.1993) (<HOLDING>); In re Lee, 162 B.R. 31, 42 Options: A. holding that a plaintiff must plead with specificity as to the statements or omissions considered to be fraudulent the speaker when and why the statements were made and an explanation of why they were fraudulent B. holding that because an action under the texas fraudulent transfers act is essentially one for property that properly belongs to the debtor the cause of action belongs to the debtor C. holding that the transfers at issue were not fraudulent transfers because they did not diminish the debtors estate D. holding that donations to churches could be considered preferences and or fraudulent transfers E. holding that the plaintiffs mere failure to execute on a judgment the only allegedly fraudulent act is not fraudulent concealment

assistant: The best answer is D. holding that donations to churches could be considered preferences and or fraudulent transfers
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: Notwithstanding anything in any Loan Document to the contrary, for purposes of this Exhibit O, each notice or other communication required to be delivered or otherwise provided to the Administrative Agent (or its delegate) shall be deemed to have been given upon the Administrative Agent’s (or its delegate’s) actual receipt during normal business hours of such notice or communication; provided that any notice or communication actually received outside of normal business hours shall be deemed to have been given as of the opening of business on the next Business Day.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall use the proceeds of the Loans only (i) for working capital and general corporate purposes of the Borrower and the Guarantors and (ii) to refinance certain Debt in accordance with the Plan of Reorganization. No part of the proceeds of any Loan or any Letter of Credit will be used, whether directly or indirectly, for any purpose that would violate any of the regulations of the Board, including Regulations T, U and X.

assistant: Use Of Proceeds
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: Id. Additionally, excessive pressure or goading by an undercover officer might constitute entrapment. State v. Sprague, 680 P.2d 404, 406 (Utah 1984). Because entrapment is such a highly fact-intensive defense, we defer to the fact-finder’s determination, unless we hold it to be erroneous, as a matter of law. See State v. Pena, 869 P.2d 932, 936-38 (Utah 1994); accord Beddoes, 890 P.2d at 3. The facts in the record support the trial court’s determination that, by merely providing the opportunity for a drug purchase, Wakefield did not engage in any activity that “would be effective to persuade an average person ... to commit the offense.” Taylor, 599 P.2d at 503. Wakefield did not rely on any type of close, personal relationship to induce J.D.W. to buy the marijuana. See id. at 503-04 (<HOLDING>). Wakefield did not offer J.D.W. inordinate Options: A. holding defendant could not claim privilege concerning conversational statements to clergy member who was his friend and frequent companion concerning defendants intent to kill his wife and her lover B. holding that noncompete lacking geographic restriction was enforceable because the former employer sought only to prevent the employee from soliciting customers she dealt with while at the former employer C. holding that the fact that the former wife lost on an issue which is not spurious does not mean that she could not be a candidate to receive attorneys fees from the former husband D. holding that defendants former lover and close mend played on his pity while she apparently withdrew from heroin addiction E. holding evidence of defendants prior drug use and heroin addiction admissible to establish defendants motive to commit robbery

assistant: The best answer is D. holding that defendants former lover and close mend played on his pity while she apparently withdrew from heroin addiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: As to the government’s evidence, Sanchez testified that the Cl initiated all recorded phone calls with Grajales and that the Cl set up all of the meetings with Grajales. The Cl called Grajales fifty times between October 5, 2009, and November 4, 2009, while Grajales placed six calls to the CL Additionally, the government’s evidence established that on one occasion Grajales had refused to participate in the scheme. Sanchez testified that Grajales failed to attend the first scheduled in-person meeting that the Cl and Sanchez set up. Based on this evidence, a reasonable jury could infer that Grajales missed this meeting because he was having second thoughts about going through with the Cl’s proposed scheme. Mathews v. United States, 485 U.S. 58, 63, 108 S.Ct. 883, 99 L.Ed.2d 54 (1988) (<HOLDING>). Nevertheless, the Cl contacted Grajales once Options: A. holding an inducement to commit a crime by a private party who has no government involvement does not establish an entrapment defense B. holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction C. holding that inducement occurring before the informant was directed or supervised by the government could not support an entrapment defense D. holding that a request for an instruction on entrapment should be refused even if there is evidence to support the defense if the defendant has denied under oath the acts constituting the crime that is charged E. holding the defendant is entitled to an entrapment instruction when sufficient evidence exists from which a reasonable jury could find entrapment

assistant: The best answer is E. holding the defendant is entitled to an entrapment instruction when sufficient evidence exists from which a reasonable jury could find entrapment
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: Headings as used in this Settlement Agreement are for convenience only and are not a part of this Settlement Agreement. The Parties acknowledge that they have read the full substance of each paragraph and are not relying upon the headings.

assistant: Headings
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 OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF ANY PARTY IN NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

assistant: Waiver Of Jury Trials
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: this only refers and applies to content posted via open communication tools as described , and does not refer to information that is provided as part of the registration process , necessary in order to use our resources .

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: (b) Samples agrees that, except for such disclosure as may be required by applicable law, he shall not, directly or indirectly, for himself or through or on behalf of any other person or entity, at any time after the date hereof, without the prior written consent of the Acquiror, reveal, divulge, disclose or communicate to any person, firm, association, corporation or other entity, or use, in any manner whatsoever any know-how, trade secrets, intellectual property rights, marketing and operating techniques, business contacts, client or customer lists, suppliers, technology, contracts or other confidential or proprietary information of the Target Company, any Related Entity or any of their respective affiliates (except Innco Hospitality, Inc. and any entity controlled by Innco Hospitality, Inc. and Transamerican Properties, Inc. and T.I.P. Realty Partners, and any entity controlled by either of them and the Broadway Plaza Suites in Kansas City, Missouri); provided, however, that for purposes hereof, information shall not be considered to be confidential or proprietary if

assistant: Yes
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: states make concrete policy choices about the extent of liability it is proper to impose on defendants. Cf. McCann, 48 Cal.4th at 91, 105 Cal. Rptr.3d 378, 225 P.3d 516 (“[A]t the same time terminating all liability after that deadline regardless of whether the plaintiffs injury had yet occurred or become manifest, the relevant statute of repose was intended to balance the interest of injured persons in having a remedy available for such injuries against the interest of builders, architects, and designers of real property improvements in being subject to a specified time limit during which they would remain potentially liable for their actions in connection with such improvements”); Rodriguez v. Mahony, No. CV 10-02902-JST (JEMx), 2012 WL 1057428, *9 (C.D.Cal. Mar. 26, 2012) (<HOLDING>). Plaintiffs have identified no countervailing Options: A. holding that each state has strong interest in applying its own statutes of limitations and describing the policy choices embodied in each states statute B. holding that a notice requirement in a new york statute conflicted with the copyright acts statute of limitations and stating that the state has no power to resist congresss determina tion of fairness as embodied in the federal statute of limitations C. holding that absent an applicable federal statute of limitations state statutes of limitations should be applied in 301 cases if they are not in conflict with federal policy D. holding that each element required under the act must be included in the written notice and each element must be sufficiently clear and accurate E. holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors

assistant: The best answer is A. holding that each state has strong interest in applying its own statutes of limitations and describing the policy choices embodied in each states statute