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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Employee’s other personal and professional obligations and on reasonable notice and at reasonable times, Employee will cooperate with Company and its counsel in connection with any investigation, administrative or regulatory proceeding or litigation relating to any matter in which Employee was involved or of which Employee has knowledge as a result of Employee’s employment with Company and/or any Released Party or Released Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Odyssey shall reimburse Consultant for travel and similar out-of-pocket expenses incurred in rendering services hereunder in accordance with company policy and subject to approval by the Chief Executive Officer. Consultant will directly pay for his own internet, phone, and equipment and maintain such service contracts in his own name. Consultant may re-bill the professional part linked to Odyssey of such service contracts to Odyssey once per month. In addition, while Consultant is on an Exclusive basis, Odyssey shall reimburse Consultant for membership dues in business or industry organizations and travel to conferences which may reasonably accrue strategic value or produce Business Opportunities, such reimbursements not to exceed $10,000 per year.

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: From time to time, at the request of Parent and without further consideration, each WLR Party shall execute and deliver such additional documents and take all such further action as may be necessary to consummate and make effective the voting and support commitments contemplated by this Agreement and the obligations set forth in Section 5.

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: The Company or one of the Subsidiaries shall require the Employee to remit to the Company an amount in cash sufficient to satisfy any applicable U.S. federal, state and local and non-U.S. tax withholding obligations that may arise in connection with the vesting of the Restricted Stock Units and the related issuance of shares of Company Common Stock. Notwithstanding the preceding sentence, if the Employee elects not to remit cash in respect of such obligations, the Company shall retain a number of shares issued in respect of the Restricted Stock Units then vesting that have an aggregate Fair Market Value as of the Settlement Date equal to the amount of such taxes required to be withheld (and the Employee shall thereupon be deemed to have satisfied his or her obligations under this Section 6(a)). The number of shares of Company Common Stock to be issued in respect of Restricted Stock Units shall thereupon be reduced by the number of shares of Company Common Stock so retained. The method of withholding set forth in the immediately preceding sentence shall not be available if withholding in this manner would violate any financing instrument of the Company or any of the Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required to be delivered to the Company under this Agreement shall be in writing and addressed to the General Counsel of the Company at the Company’s principal corporate offices. Any notice required to be delivered to the Participant under this Agreement shall be in writing and addressed to the Participant at the Participant’s address as shown in the records of the Company. Either party may designate another address in writing (or by such other method approved by the Company) from time to time.

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 case excerpt and choose the best holding from the options. Case excerpt: in the present case. The arbitration clause expressly limits Powertel’s liability to actual damages, thereby precluding the possibility that Powertel will ever be exposed to punitive damages, no matter how outrageous its conduct might be. Powertel argues that this limitation works both ways, but as a practical matter, it is difficult to imagine any situation in which a telephone company would have an action for punitive damages against its customers. In effect, this provision removes a significant remedy that would otherwise be available in consumer litigation against a corporation. The arbitration clause also effectively removes Powertel’s exposure to any remedy that could be pursued on behalf of a class of consumers. See Champ v. Siegel Trading Co., Inc., 55 F.3d 269 (7th Cir. 1995) (<HOLDING>). Class litigation provides the most Options: A. holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act B. holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement C. holding that the court has no independent authority to compel arbitration of a class claim D. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration E. holding that the district court did not err by compelling individual rather than class arbitration because the relevant agreements were silent as to class arbitration

assistant: The best answer is C. holding that the court has no independent authority to compel arbitration of a class claim
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: are merely jurisdictional statutes, and do not create “a substantive right enforceable against the Government by a claim for money damages.” United States v. White Mountain Apache Tribe, 537 U.S. 465, 472, 123 S.Ct. 1126, 155 L.Ed.2d 40 (2003). Instead, the substantive right must arise from another source of law, United States v. Mitchell, 463 U.S. 206, 216, 103 S.Ct. 2961, 77 L.Ed.2d 580 (1983), that, in general, “ ‘can fairly be interpreted as man dating compensation by the Federal Government for the damages sustained,’” United States v. Testan, 424 U.S. 392, 400, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976) (quoting Eastport S.S. Corp. v. United States, 178 Ct.Cl. 599, 372 F.2d 1002, 1009 (1967)); see also Loveladies Harbor, Inc. v. United States, 27 F.3d 1545, 1554 (Fed.Cir.1994) (en banc) (<HOLDING>). To make such a showing, a plaintiff must only Options: A. holding that im proper means may be wrongful by reason of a statute or other regulation or a recognized rule of common law or perhaps an established standard of a trade or profession B. recognizing federal constitutional claim against the united states C. holding that plaintiffs express contract with the surety company precludes an implied contract with defendant D. holding that where a city enters contract in excess of its statutory power the mere fact that the municipality has received the benefits of the contract which has been performed by the other party does not make the municipality liable either on the theory of ratification estoppel or implied contract in order to do justice to the other party by paying the reasonable value of the property or services E. holding that the other source of law might be a moneymandating constitutional provision statute or regulation that has been violated or an express or implied contract with the united states

assistant: The best answer is E. holding that the other source of law might be a moneymandating constitutional provision statute or regulation that has been violated or an express or implied contract with the united states
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, Administrative Agent and each Lender acknowledge that each of them has had the benefit of legal counsel of its own choice and has been afforded an opportunity to review this Agreement and the other Loan Documents with its legal counsel and that this Agreement and the other Loan Documents shall be construed as if jointly drafted by Borrower, Administrative Agent and each Lender.

assistant: Construction
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: determined that Salim lacked standing under the doctrine of third-party standing. See App. 19. It is true, as the bankruptcy court noted, that a plaintiff generally may not establish standing on ng does not undermine the Court’s conclusion that Salim has standing to bring this case. In sum, the Court concludes that the bankruptcy court erred in finding that Sal-im lacks standing. If Salim lacked standing, the Court would not have jurisdiction to reach the merits of the parties’ dispute. See Steel Co., 523 U.S. at 94, 118 S.Ct. 1003. Since it concludes that Salim does’ have standing to pursue his claims, however, the Court may now consider the bankruptcy court’s determination that Salim failed to state a claim. See, e.g., Gingery v. City of Glendale, 831 F.3d 1222, 1228 (9th Cir. 2016) (<HOLDING>), cert. denied sub nom. Mera v. City of Options: A. holding that a court may rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice in deciding whether a complaint fails to state a claim upon which relief may be granted B. holding that because the state failed to properly file the complaint the district court lacked jurisdiction to proceed to trial C. holding that the district court erred when it failed to consider the presumption of irreparable harm D. holding that district court may consider documents referred to in plaintiffs complaint and central to his claim E. holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted

assistant: The best answer is E. holding that although that the district court erred in finding that plaintiffs lacked standing the appellate court may nonetheless proceed to consider the district courts determination that plaintiffs failed to state a claim upon which relief may be granted
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 employer’s liability. An employer is directly liable for hostile environment sexual harassment if it knew, or upon reasonably diligent inquiry should have known, of the harassment and failed to take immediate and appropriate corrective action. See Steele v. Offshore Shipbuilding, Inc., 867 F.2d 1311, 1316 (11th Cir.1989); Henson v. City of Dundee, 682 F.2d 897, 905 (11th Cir.1982). Under this theory of direct liability, the City can be held liable for its own negligence or recklessness, but not for the conduct of its supervisors or employees. In contrast, an employer is indirectly, or vicariously, liable for the wrongful conduct of its agent, whether or not the employer knew or should have known about the agent’s 6-07 (4th Cir.1989), vacated in part, 900 F.2d 27 (4th Cir.1990)(<HOLDING>); Hicks v. Gates Rubber Co., 833 F.2d 1406, Options: A. holding that the proper inquiry is whether the individual defendant served in a supervisory position in which he exercised significant control over the plaintiffs hiring firing or conditions of employment and if not whether employer had actual or constructive knowledge of the existence of a hostile work environment and took no prompt and adequate remedial steps B. holding that agent part of title viis definition of employer includes someone who serves in a supervisory position and exercises significant control over hiring firing or conditions of employment C. holding that the plaintiff must prove that management level employees had actual or constructive knowledge about the existence of a sexually hostile environment and failed to take prompt and adequate remedial action D. holding board had jurisdiction when employer had final authority over the essential terms and conditions of employment including wages benefits hiring firing promotion discipline and grievances although employer was subject to various governmentimposed restrictions E. holding that while town counsel had final supervisory authority over the hiring and firing of employees in plaintiffs position it did not have supervisory authority over the mayors constructive discharge of plaintiff

assistant: The best answer is A. holding that the proper inquiry is whether the individual defendant served in a supervisory position in which he exercised significant control over the plaintiffs hiring firing or conditions of employment and if not whether employer had actual or constructive knowledge of the existence of a hostile work environment and took no prompt and adequate remedial steps
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: [M]ere presence in another’s apartment, without more, would not suffice to establish a legitimate expectation of privacy. More than mere presence, however, is arguably shown in this case. Id. at 27, 537 A.2d at 619-20 (citations omitted). The Court in Ricks went on to find that, whereas appellants had standing to challenge the search, the search did not violate the Fourth Amendment. Id. at 27-28, 537 A.2d at 620. In State v. Sampson, 362 Md. 438, 765 A.2d 629 (2001), Judge Wilner, speaking for this Court, adopted the refined two-prong test articulated in California v. Greenwood, 486 U.S. at 39, 1 10th Cir.1986) (finding that squatter had no standing to challenge search of cave where he had been staying for eight months); Commonwealth v. Gordon, 546 Pa. 65, 683 A.2d 253, 259 (1996) (<HOLDING>); State v. Linton, 356 N.J.Super. 255, 812 A.2d Options: A. holding that squatter had no standing to challenge search of abandoned apartment which he had occupied solely for the business of packing for distribution for narcotics B. holding that squatter had no standing to challenge search of abandoned apartment because hardly more than a fugitive presence would not be one that could be accepted by society C. holding that defendant staying in abandoned house had no legitimate expectation of privacy in the house despite having a key to the house and the ability to let people in and out of it D. holding that squatter had no reasonable expectation of privacy and therefore no fourth amendment standing to challenge search of abandoned structure E. holding that squatter had no standing to challenge search of abandoned house where he was staying

assistant: The best answer is E. holding that squatter had no standing to challenge search of abandoned house where he was staying
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 his objections to the magistrate’s recommendation. Although O’Neill first alluded to exhibits that could show that the government illegally monitored the so-called “bugged lamp” in his original motion to suppress Title III evidence filed on February 20, 1998, he had not disclosed the identity of these exhibits until he filed his objections to the Recommendation and Order on February 18, 1999. ' Therefore, O’Neill effectively “sandbagged” Magis-tate Judge Callahan, the government, and this court by choosing to withhold the identity of his “bugged lamp” evidence for almost one year. O’Neill further sandbagged the magistrate by first presenting his evidence in an objection to the Recommendation and Order. See Thomas v. Am, 474 U.S. 140, 148, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985) (<HOLDING>). The “same rationale that prevents a party Options: A. holding that claims which were not presented to the motion court cannot be raised for the first time on appeal B. holding court will generally not consider arguments presented for the first time on appeal C. holding that ordinarily courts are not obligated to review evidence presented for the first time on appeal D. holding that issues not properly presented to the bankruptcy court cannot be raised for the first time on appeal E. holding that generally appellate courts will not review an issue raised for the first time on appeal

assistant: The best answer is C. holding that ordinarily courts are not obligated to review evidence presented for the first time on appeal
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 otherwise provided in this Agreement, Seller and Purchaser shall each bear their own respective expenses, including without limitation attorney’s fees, incurred in connection with the negotiation and execution of this Agreement and each other agreement, document and instrument contemplated by this Agreement and the consummation of the transactions contemplated hereby and thereby. Notwithstanding the foregoing, in the event of any action or proceeding to interpret or enforce this Agreement, the prevailing party in such action or proceeding shall be entitled to have and recover from the non-prevailing party such costs and expenses (including, without limitation, all court costs and reasonable attorneys’ fees) as the prevailing party may incur in the pursuit or defense thereof.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you have a dispute with one or more users , you release us ( and our officers , directors , agents , subsidiaries , joint ventures and employees ) from claims , demands and damages ( actual and consequential ) of every kind and nature , known and unknown , arising out of or in any way connected with such disputes .

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: (a) The Borrower will not, nor will it permit any of its Subsidiaries to, create, incur, or suffer to exist any Lien in, of or on the Property of the Borrower or any of its Subsidiaries, except for Permitted Liens and L iens on Properties which are not then included in the Unencumbered Pool (including, for the avoidance of doubt, the equity interests in Subsidiaries of the Borrower that do not own Property included in the Unencumbered Pool and are not otherwise Subsidiary Guarantors), but only to the extent such Liens will not result in a Default in any of Borrower’s covenants herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and stating that the six tests in Baker v. Carr were “probably listed in descending order of both importance and certainty”). 171 . TEX. CONST. art. VII, § 1. 172 . 369 U.S. at 210, 82 S.Ct. 691 ("The non-justiciability of a political question is primarily a function of the separation of powers.”). 173 . West Orange-Cove I, 107 S.W.3d at 563. 174 . Gilligan v. Morgan, 413 U.S. 1, 93 S.Ct. 2440, 37 L.Ed.2d 407 (1973). 175 . Nix 2764, 77 L.Ed.2d 317 (1983) (concluding that a challenge to Congress’ power to pass a statute with a one-House veto did not present a political question); Elrod v. Burns, 427 U.S. 347, 351-53, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976) (concluding that a political patronage case involving dismissal of employee by 71, 675 (Tex.Civ.App.—Eastland 1976, writ ref. n.r.e.) (<HOLDING>). 182 . Ex parte James, 836 So.2d 813 Options: A. holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution B. holding that whether a hospital district included areas not benefitted by any services solely for purpose of raising revenue does not present a justiciable matter under the equal protection clause of the fourteenth amendment C. holding that racially discriminatory use of peremptory challenges violates the equal protection clause of the fourteenth amendment D. holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court E. holding that doctrine does not violate equal protection

assistant: The best answer is B. holding that whether a hospital district included areas not benefitted by any services solely for purpose of raising revenue does not present a justiciable matter under the equal protection clause of the fourteenth amendment
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 terms of the Toxic Tort Revival Act and New York decisional law with respect to the phrase “injury to property” leads this Court to agree with Judge Brieant. The question at the outset is whether a claim for breach of warranty alleging consequential damages to property falls within the term “injury to property” as used in the Revival Act. The term “injury to property” is itself defined under New York law as “an actionable act, whereby the estate of another is lessened, other than a personal injury, or the breach of a contract.” N.Y.Gen.Constr.L. § 25-b (“GCL § 25-b”) (emphasis added). Therefore, if a breach of warranty claim for property damages is to be included within the meaning of the phrase “injur nsulator Co., Inc., 282 A.D. 545, 545, 125 N.Y.S.2d 147, 148 (4th Dep’t 1953) (<HOLDING>). Indeed, the decision in Buyers included a Options: A. recognizing that breach of contract cause of action accrues at time of the breach B. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract C. recognizing that blessington overruled buyers applying contract statute of limitations to breach of warranty claim D. holding that sixyear contract statute of limitations did not apply reasoning that an action to recover damages for personal injuries based on breach of warranty is only nominally based on contract E. holding plaintiff had to commence his breach of implied warranty action under the dtpa within two years because tjhis special statute of limitations denies plaintiffs alternative proposal of entitlement to recover for breach of the common law implied warranty

assistant: The best answer is C. recognizing that blessington overruled buyers applying contract statute of limitations to breach of warranty claim
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: acting in conformity with closing argument was not so prejudicial as to deprive defendant of a fair trial — especially in light of the trial justice’s previous jury instruction on this point and defendant’s withdrawn objection to the evidence in question. As a result, we are convinced that the court’s error in failing to instruct the jury to disregard this argument does not require a new trial because, absent the prosecutor’s improper argument, it is clear to us beyond a reasonable doubt that the jury would have returned a guilty verdict anyway. See United States v. Hasting, 461 U.S. 499, 511-12, 103 S.Ct. 1974, 1982, 76 L.Ed.2d 96, 108 (1983) (applying harmless error analysis to prosecutor’s improper closing argument). See also In re Shannon B, 725 A.2d 893, 895 (R.I.1998) (<HOLDING>); State v. McKone, 673 A.2d 1068, 1075 Options: A. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record B. holding that admission of prior statement constituted error but was harmless when other admissible evidence established the same fact C. holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice D. holding that a violation of the hearsay rule was harmless E. holding that admission of hearsay constituted harmless error when there was more than sufficient other evidence in the record to support the verdict

assistant: The best answer is E. holding that admission of hearsay constituted harmless error when there was more than sufficient other evidence in the record to support the verdict
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In any action or proceeding among the parties arising out of or relating to this Agreement, each of the parties (i) irrevocably and unconditionally consents and submits to the exclusive jurisdiction and venue of any New York federal court sitting in the Borough of Manhattan of the City of New York; (ii) agrees that it will not attempt to deny or defeat such jurisdiction by motion or other request for leave from such court; and (iii) agrees that it will not bring any such action in any court other than a New York federal court sitting in the Borough of Manhattan of the City of New York, or, if (and only if) such court finds it lacks jurisdiction, any New York state court sitting in the Borough of Manhattan of the City of New York, and appellate courts thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: its posts even though the bolts he had ordered were too short, to dismiss his crew at noon without remedying the situation, and to leave the plank unbolted' ten feet above ground over a long weekend without posting a prominent warning, reflect judgments “grounded in social, economic, and political policy” and shielded by the discretionary function exception. Our sister circuits have recognized this, concluding that similar non-policy-based government acts are not protected by the discretionary function exception. Indeed, as one court has noted, a holding that “torts stemming from garden variety decisions fall outside the discretionary function exception is consistent with a primary motive behind the [Federal Tort Claims Act].” Cestonaro v. United States, 211 F.3d 749, 755 (3d Cir.2000) (<HOLDING>). Since “[tjhe question” as to whether the Options: A. holding discretionary function exception is no shield to claim of negligence in failing to provide handrails or adequate lighting on footpath B. holding that the discretionary function exception may apply in the absence of a conscious decision C. recognizing a discretionary function exception to that waiver D. holding asserted negligence in failure to provide adequate lighting or warning in federally controlled parking lot not shielded by discretionary function exception E. holding that asserted failure to post adequate warning signs along commuter road not shielded by discretionary function exception

assistant: The best answer is D. holding asserted negligence in failure to provide adequate lighting or warning in federally controlled parking lot not shielded by discretionary function exception
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 Commitment Letter amends and restates in its entirety that certain commitment letter dated as of December 19, 2016 (as amended by that certain joinder letter dated as of December 23, 2016, and as in effect immediately prior to effectiveness of this Commitment Letter, the “ Original Commitment Letter ”) among the Commitment Parties and the Company.

assistant: Amendments
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: imputing the rental value of the apartment. We AFFIRM on the issues of the depreciation deduction and the exclusion of interest income from Deborah’s income. 1 . The superior court stated that, Joe’s income calculation must include imputed rent for the value of the apartment occupied by Joe. Since the triplex was valued based on the stream of income from all units in the building, thi or straightline depreciation of the parent’s business real estate as an ordinary and necessary business expense; rejecting argument that Civil Rule 90.3 cmt. III.B categorically disallowed all depreciation of real estate); see also Ogard, 808 P.2dat819 (allowing a deduction for straightline depreciation of business equipment). 4 . See, e.g., Lawrence v. Tise, 107 N.C.App. 140, 419 S.E.2d 176, 181 (1992) (<HOLDING>). See generally Frank J. Wozniak, Annotation, Options: A. holding that the trial court had discretion to deduct from a parents monthly gross income the amount of straightline depreciation allowed by the internal revenue code 26 usc 167 168 1990 fora reasonable allowance for the exhaustion and wear and tear of certain property over its useful life B. holding that the statement of current monthly income was the presumptive amount of projected disposable income but presumption could be rebutted by the debt or upon a showing of substantial change of circumstances C. holding that the debtor lacked standing to bring a claim against the internal revenue service for the improper assessment of a tax deficiency because the cause of action was the property of the estate and had not been abandoned to the debtor D. holding that a courts power to allocate tax exemptions between parents must be exercised in accord with the internal revenue code E. holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the internal revenue code

assistant: The best answer is A. holding that the trial court had discretion to deduct from a parents monthly gross income the amount of straightline depreciation allowed by the internal revenue code 26 usc 167 168 1990 fora reasonable allowance for the exhaustion and wear and tear of certain property over its useful life
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 may be executed in counterparts (whether delivered by facsimile or otherwise) with the same effect as if both Parties had signed the same document. All such counterparts shall be deemed an original, shall be construed together and shall constitute one and the same instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with any understanding or modifications thereof as agreed to in writing by the parties, shall constitute the entire agreement among the parties hereto with respect to the subject matter hereof, other than written agreements with respect to specific plans, programs or arrangements described in Sections 1 and 2. No agreements or representations, oral or otherwise, expressed or implied concerning the subject matter hereof have been made by either party that are not set forth expressly in 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: entry of the challenged order and as a Rule 60(b) motion if filed thereafter. See Mcmanus v. District of Columbia, 545 F.Supp.2d 129, 133 (D.D.C.2008) (referencing prior version of Rule 59(e), which provided that a motion to alter or amend a judgment must be made within 10 days instead of 28 days). The defendant has not addressed whether Rule 59(e) ought to apply in this case, but the Court need not reach this issue since it concludes that reconsideration would be appropriate under Rule 59(e) or Rule 60(b). In addition, the Court notes that it retains jurisdiction to consider this motion for reconsideration of its order to remand to Superior Court because the remand order has not yet been mailed to the Superior Court. See Shapiro v. Logistec USA, Inc., 412 F.3d 307, 312 (2d Cir.2005) Options: A. holding that under 28 usc 1447c and d federal jurisdiction terminates once a section 1447c remand order has been mailed to the state court B. holding remand based on forum selection clause not within 1447c C. holding remand order reviewable because crowded docket not ground for remand under 1447c D. holding that a proper eleventh amendment challenge strips the courts of jurisdiction for the purposes of the removal statute 28 usc 1447c E. holding that failure to allege plaintiffs citizenship in notice of removal amounted to defect in removal procedure under former version of 28 usc 1447c

assistant: The best answer is A. holding that under 28 usc 1447c and d federal jurisdiction terminates once a section 1447c remand order has been mailed to the state court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Amendment shall for any reason be invalid or unenforceable, the remaining provisions of this Amendment shall be carried into effect, unless the effect thereof would be to materially alter or defeat the purposes of the Original Agreement as amended by this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will use the proceeds of the Loans and the Letters of Credit solely to (a) pay closing costs in connection with this Agreement; (b) repay existing loans, fund future development projects and property and equipment acquisitions of Borrower and its Subsidiaries (which may include Investments by Borrower permitted under §8.3(l)); (c) to make Distributions permitted by this Agreement; and (d) for general working capital purposes. In no event shall the Borrower and the Guarantors use the proceeds of the Loans and the Letters of Credit to purchase or carry, or extend credit to others for the purpose of purchasing or carrying, any “margin security” or “margin stock” as such terms are used in Regulations T, U and X of the Board of Governors of the Federal Reserve System, 12 C.F.R. Parts 220, 221 and 224.

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: or office," that Freer seeks to squeeze what Matchette told Sherman. She fails because there is nothing inherently defamatory about Matchette's statements. ¶ 12. It is settled in Wisconsin that words are not slanderous per se if anything other than the words are needed to make them defamatory. Bauer, 191 Wis. 2d at 530, 530 N.W.2d at 6; Kassowitz v. Sentinel Co., 226 Wis. 468, 472, 476, 277 N.W. 177, 179, 180-181 (1938) (The defamation must be "apparent from the words themselves"; " '[w]ords which are defamatory per se do not need an innuendo, and, conversely, words which do need an innuendo are not defamatory per se.'") (quoted source omitted), criticized on other grounds, Martin, 15 Wis. 2d at 460-461, 113 N.W.2d at 139; see Bauer, 191 Wis. 2d at 530-531 n.12, 530 N.W.2d at 6 n.12 (<HOLDING>). This is the law elsewhere as well. See Options: A. holding such agreements to be per se illegal B. holding that statements that insinuated that plaintiff was an adulteress were actionable as slander per se under missouri law C. recognizing that slander per se is actionable without a showing of actual or special damages D. holding that under south carolina law slander is actionable per se where plaintiff is alleged to have committed adultery E. recognizing continued vitality of kassowitz on what is slander per se

assistant: The best answer is E. recognizing continued vitality of kassowitz on what is slander per se
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 court did not unreasonably delay was a reasonable determination based on the facts in the record. Factually, we agree with Crockett that the record shows that the trial judge had the telephone number for the defense counsel, the sheriff successfully contacted defense counsel by telephone for the previous jury notes, and defense counsel asserted that they remained available by telephone during the time period of the third question. Crockett argues that this demonstrates “there were means and opportunity to tell defense counsel about the third note.... However, they were not told.” The Illinois Appellate Court’s findings of fact did not contradict Crockett’s version of the facts — the court never claimed that defense counsel were unavailable or had Y.S.2d 887 (N.Y.App.Div.1985) (<HOLDING>); People v. Hall, 101 A.D.2d 956, 957, 477 Options: A. holding failure to object to conditioning instructions waived error arising from the jurys failure to answer question when answer could not be implied and that lack of objection waived right to new trial to have jury answer questions B. holding that it was error for the trial judge to answer a jurys question without giving defendants counsel an opportunity to be heard before the trial judge responded C. holding that it was not reversible error to fail to answer the jurys question where the trial judge was presiding over closing arguments in a codefendants case when the question was asked and the jury reached a result before the judge could confer with the parties D. holding that it was not reversible error for a trial court to fail to answer a jurys question for fifty minutes after which the jury returned a verdict E. holding that trial court did not commit reversible error when it submitted admissibility of evidence question to jury because the trial court had independently decided the question

assistant: The best answer is D. holding that it was not reversible error for a trial court to fail to answer a jurys question for fifty minutes after which the jury returned a verdict
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: incident and the suspension, investigation, and warning that followed. Doc. 88 at 16 (citing Doc. 90-4). The evidence before this Court does not indicate or suggest that Moffitt “lay in wait” to avoid legal liability as to retaliation. Here, the temporal gap of almost one year is insufficient, alone, to create an inference of causation. And the-additional evidence that Stephen points to relates to actions and e-mails from December 2013, approximately ten months before Stephen’s discharge. Further, Stephen’s intervening act of unconsented touching and stating that he would “pop a cap” in another co-worker, thereby violating the zero tolerance policy against workplace violence is sufficient to break the causal chain. Henderson v. FedEx Express, 442 Fed.Appx. 502, 506 (11th Cir. 2011) (<HOLDING>). Stephen has not established a prima Options: A. holding that intervening misconduct can sever the temporal proximity connection between the protected conduct and the adverse employment B. holding that an intervening act of misconduct by the plaintiff can break the causal link between the protected conduct and the adverse employment action C. holding causal link between alleged discriminatory remarks and adverse employment action insufficient D. holding that a plaintiff can establish a causal link by showing that the employers decision was based in part on knowledge of the employees protected activity E. holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action

assistant: The best answer is B. holding that an intervening act of misconduct by the plaintiff can break the causal link between the protected conduct and the adverse employment action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company makes no warranty or representations , whether express or implied in connection with the service and your use of the service or any information provided or otherwise disseminated in connection with the service ( including user submissions ) , and shall not be held liable or responsible , with respect to the service and its quality , fitness for any particular purpose and promises of specific results , lack of accuracy , availability in any location , correctness , performance , merchantability , completeness , continuity , reliability , error or malware free , network-related problems , non-infringement of third party rights and security of the service , its content or any part thereof .

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: IS SO ORDERED. 1 . Trooper O’Donnell testified that he was wearing a long-sleeve Under Armor shirt under his uniform, and the other occupants of the vehicle were also wearing warmer clothing that night. (Hr’g Tr. 15:12-16.) 2 . Trooper O’Donnell testified that the “three occupants in the car displayed signs of over-nervousness that you wouldn’t see for just a simple traffic violation, and it made [him] wonder what was going on within the interior of the car, whether there was further contraband that they didn’t want to be found, narcotics or guns, drugs, weapons, whatever it maybe.” (Hr'gTr. 16:11-20.) 3 . Standing to challenge the search is satisfied, as the Defendant was a passenger in the vehicle. See Brendlin v. California, 551 U.S. 249, 251, 127 S.Ct. 2400, 168 L.Ed.2d 132 (2007) (<HOLDING>). 4 . The Government bears the burden of Options: A. holding that a passenger has standing to challenge a stops constitutionality because the passenger is seized from the moment a car is stopped B. holding that a vehicles passenger had been seized and was entitled to challenge the traffic stop C. holding a driver had standing to suppress the drugs found in the underwear of the drivers passenger during an unreasonably prolonged roadside stop of both driver and passenger D. holding aat a passenger is seized as well as ae driver and so may challenge ae constitutionality of ae stop E. holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005

assistant: The best answer is D. holding aat a passenger is seized as well as ae driver and so may challenge ae constitutionality of ae stop
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 Participant is hereby granted an aggregate of 114,162 Phantom Units under the Plan, consisting of 65,838 Time Vested Units and 48,324 Performance Vested Units, conditioned on satisfying the applicable vesting conditions set forth in this Agreement and on Exhibit A attached hereto, subject to Section 1.2 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: The Company shall not, and shall use its reasonable efforts to ensure that no Affiliate of the Company shall, sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that will be integrated with the offer or sale of the Securities in a manner that would require the registration under the Securities Act of the sale of the Securities to the Purchasers, or that will be integrated with the offer or sale of the Securities for purposes of the rules and regulations of any Trading Market such that it would require stockholder approval prior to the closing of such other transaction unless stockholder approval is obtained before the closing of such subsequent transaction.

assistant: Integration