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: notice, it would have understood that all sales from vending machines, regardless of the type of item, are taxable. See Indiana Dep’t of State Revenue, Information Bulletin # 29 (Jan. 1, 2004) (available at http://www.in.govAegislative/iac/ showlRArchive); Indiana Dep’t of State Revenue, Commissioner’s Directive #21 (Jan. 1, 2004) (available at http://www.in. govAegislative/iac/showlRArehive). See also I.C. § 6-2.5-5-20(e)(4) (explaining that food sold through a vending machine is not exempt). Thus, the Department’s Clarification simply did not represent an absolute bar against taxing all sales of bottled water and fruit juice; those items were taxable if they were sold through a vending machine. See also Taxpayers Lobby of Ind., Inc. v. Orr, 262 Ind. 92, 311 N.E.2d 814, 818 (1974) (<HOLDING>). RDM has not shown that the Department, Options: A. holding a county taxpayer has standing to bring a declaratory decree and injunctive action against public officials of the county when the action seeks to enjoin the grant of certain tax exemptions given to other taxpayers in the county on the ground that such exemptions violate specific limitations on the countys authority to grant tax exemptions imposed by the florida constitution B. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner C. holding that the essential purpose of use tax is the recoupment of lost sales tax revenue D. holding property lien for nonpayment of sales tax was beyond boroughs authority to collect sales tax E. recognizing that the sales tax law has always contained exemptions based not only on the identity of the tangible personal property sold but also on the nature of the transaction

assistant: The best answer is E. recognizing that the sales tax law has always contained exemptions based not only on the identity of the tangible personal property sold but also on the nature of the transaction
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: by accepting your submission , under armour does not waive any rights to use similar or related feedback previously known to under armour , developed by our employees , or obtained from sources other than you .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the automatic stay exists to give debtors the time necessary to develop a successful reorganization plan. See Shugrue v. Air Line Pilots Ass’n, Int’l (In re Ionosphere Clubs, Inc.), 922 F.2d 984, 989 (2d Cir.1990), cert. denied, — U.S. -, 112 S.Ct. 50,116 L.Ed.2d 28 (1991); Fortier v. Dona Anna Plaza Partners, 747 F.2d 1324, 1330 (10th Cir.1984). Once the bankruptcy proceeding is dismissed, neither the goal of a successful reorganization nor the debtor’s right to the automatic stay continues to exist. Accordingly, it no longer serves any purpose to determine whether the bankruptcy court properly lifted the automatic stay; the appeal has become moot. See Armel Laminates, Inc. v. Lomas & Nettleton Co. (In re Income Property Builders, Inc.), 699 F.2d 963, 964 (9th Cir.1982) (per curiam) (<HOLDING>); cf. Omoto v. Ruggera (In re Omoto), 85 B.R. Options: A. holding that an appeal challenging a bankruptcy court order lifting the automatic stay became moot when the underlying bankruptcy case was dismissed B. holding that the otherwise harmless violation of the automatic stay did not suffice to deprive the irs of the postpetition interest setoff to which it would have been entitled had it first sought a lifting of the stay from the bankruptcy court C. holding that bankruptcy court order that a stay applied to a particular party was a final order and noting that bankruptcy court orders lifting or denying relief from an automatic stay are final for purposes of appeal D. holding that bankruptcy court has discretion to retain jurisdiction over related case after dismissal of the underlying bankruptcy case E. holding that an appeal challenging a bankruptcy court order approving a foreclosure sale became moot upon dismissal of the underlying bankruptcy case

assistant: The best answer is A. holding that an appeal challenging a bankruptcy court order lifting the automatic stay became moot when the underlying bankruptcy case was dismissed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Termination Date, the Company will pay you $________ (less all applicable withholding taxes and other deductions). This amount represents all of your salary earned through the Termination Date and all of your accrued but unused vacation time and one week of severance pay. You acknowledge that, prior to the execution of this Agreement, you were not entitled to receive any additional money from the Company and that the only payments and benefits that you are entitled to receive from the Company in the future are those specified in this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this website may contain discussion forums , bulletin boards , review services or other forums in which you or third parties may post reviews of travel experiences or other content , messages , materials or other items on this website ( `` interactive areas '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Notice, this Agreement and the Plan constitute the entire contract between the parties hereto with regard to the subject matter hereof. They supersede any other agreements, representations or understandings (whether oral or written and whether express or implied) relating to the subject matter hereof. In the event of a conflict between any provisions of the Plan, the Notice and/or this Agreement, the Plan shall control, or, if the Plan should be inapplicable, then this Agreement shall control.

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: Except as disclosed in Schedule 3(f), since December 31, 2017, the Company has filed all reports, schedules, forms, statements and other documents required to be filed by it with the SEC pursuant to the reporting requirements of the 1934 Act (all of the foregoing filed prior to the date hereof and all exhibits included therein and financial statements and schedules thereto and documents incorporated by reference therein being hereinafter referred to as the “ SEC Documents ”). As of their respective dates (except as they have been correctly amended), the SEC Documents complied in all material respects with the requirements of the 1934 Act and the rules and regulations of the SEC promulgated thereunder applicable to the SEC Documents, and none of the SEC Documents, at the time they were filed with the SEC (except as they may have been properly amended), contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective dates (except as they have been properly amended), the financial statements of the Company included in the SEC Documents complied as to form in all material respects with applicable accounting requirements and the published rules and regulations of the SEC with respect thereto. Such financial statements have been prepared in accordance with generally accepted accounting principles, consistently applied, during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may exclude footnotes or may be condensed or summary statements) and fairly present in all material respects the financial position of the Company as of the dates thereof and the results of its operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments). Except as disclosed in Schedule 3(f) or routine correspondence, such as comment letters and notices of effectiveness in connection with previously filed registration statements or periodic reports publicly available on EDGAR, to the Company’s knowledge, the Company or any of its Subsidiaries are not on the date hereof the subject of any inquiry, investigation or action by the SEC.

assistant: Financial Statements
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: counsel was deficient in failing to utilize Music since she could have testified that appellant was “very intoxicated,” he “banged into walls” and “couldn’t really talk,” and that his condition may have been due to “more than alcohol.” Appellant argues that this evidence clearly could have been used to undermine finding the CCP aggravator, and could have supported finding intoxication, which the State’s experts found unsupported by the evidence. However, this Court rejected this claim in Jennings II, 583 So.2d at 318-19. The Court affirmed the trial court’s denial of relief because evidence of appellant’s intoxication on the night in question “was well known [at trial], but was abandoned in favor of the identity defense.” Id. at 322; see Engle v. Dugger, 576 So.2d 696, 700 (Fla.1991) (<HOLDING>). As to the sentencing phase, this Court Options: A. holding that martinez did not apply to ineffective assistance of counsel subclaims that were not defaulted by postconviction counsel B. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel C. holding that tactical decisions of trial counsel do not justify postconviction relief and that the existence of an additional defense theory does not mean counsel was ineffective D. holding that the appropriate vehicle for claims alleging that defense counsel violated a defendants right to testify is a claim of ineffective assistance of counsel E. holding that res judicata does not bar a defendant from raising a claim of ineffective assistance of trial counsel for the first time in a postcollateral proceeding if the defendant was represented by the same counsel at trial and on direct appeal or if an actual conflict of interest enjoined appellate counsel from raising a claim of ineffective assistance of trial counsel on direct appeal

assistant: The best answer is C. holding that tactical decisions of trial counsel do not justify postconviction relief and that the existence of an additional defense theory does not mean counsel was ineffective
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: report promptly their complaints at prison or risk forfeiture of their claims will likely result in “a more efficient grievance procedure” and “lead to the improvement of prison conditions”). Moreover, inmates required to comply with the exhaustion requirement may realize that "monetary damages are unnecessary or that monetary damages would not fully compensate [them] for [their] injuries.” Sal-lee, at 771. 21 .This conclusion is reached, in part, upon review ol an affidavit filed by PRCC Institutional Ombudsman Bedwell and copies of plaintiff’s grievances. These documents go solely toward Couch's argument that plaintiff failed to exhaust his administrative remedies and are properly considered in evaluating Couch's 12(b)(1) motion. See Williams v. U.S., 50 F.3d 299, 304 (4th Cir.1995) (<HOLDING>). 22 . DOP 10-2.10 states that: [plrior to Options: A. holding that a court may review any evidence such as affidavits and testimony to resolve factual disputes concerning the existence of jurisdiction B. holding that in a motion to dismiss for lack of subject matter jurisdiction a court may resolve disputed factual issues by reference to evidence outside the pleadings including affidavits C. holding that a court may consider materials outside the pleadings to determine its jurisdiction D. holding that in ruling on a rule 12b1 motion the court may consider exhibits outside the pleadings to resolve factual disputes regarding jurisdiction E. holding that on a rule 12b1 motion challenging subjectmatter jurisdiction the court has authority to consider matters outside the pleadings

assistant: The best answer is D. holding that in ruling on a rule 12b1 motion the court may consider exhibits outside the pleadings to resolve factual disputes regarding jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The failure of any party to this Agreement to exercise and/or delay in exercising any power or right hereunder shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise of any other power or right hereunder. Further, the waiver by any party to this Agreement of any right or remedy hereunder on any occasion shall not be construed as a waiver of any such right or remedy on any future occasion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 41.5 of the Master Lease, this Amendment shall be governed by, and construed and enforced in accordance with, the internal laws of the State of New York without regard to conflicts of laws principals.

assistant: Governing 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: This Agreement, the Investment Agreement and the Certificate of Designations are intended by the parties as a final expression of their agreement, and are intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein and therein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein and therein, with respect to the registration rights granted by the Company with respect to Registrable Securities. This Agreement, together with the Investment Agreement and the Certificate of Designations, supersedes all prior agreements and understandings between the parties with respect to such subject matter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any term or provision of this Amendment held by a court of competent jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder of this Amendment, and the effect thereof shall be confined to the term or provision so held to be invalid or unenforceable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Mortgage is intended to be performed in the State of Texas and the substantive Law of such State and or the United States of America shall govern the validity, construction, enforcement and interpretation of this Mortgage, unless otherwise specified herein, except that the Laws of the State of New Mexico shall govern with respect to procedural and substantive matters relating to the creation, perfection and enforcement of the Liens and other rights and remedies of the Mortgagee granted herein.

assistant: Governing 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: This Agreement may be executed simultaneously in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree that transmission of copies of original signatures via electronic means, either by facsimile or as a “scanned” document attached to electronic mail, shall constitute valid execution of this Agreement. In the event of an electronic exchange of signatures for this Agreement, The Parties agree to subsequently exchange original “wet” execution signatures of this Agreement within a reasonable time following the electronic exchange of signatures; provided that the failure of any Party to exchange original “wet” execution signatures of this Agreement shall in no event affect the validity or enforceability of this Agreement. Such “wet” execution signatures will reflect the date of original execution and thus will be executed in counterpart.

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 case excerpt and choose the best holding from the options. Case excerpt: 1880, 1888 (Fed.Cir.1998). III Turning first to the summary judgment that claims 1 and 3 of the '880 patent were not infringed, we commence our plenary review of that ruling by determining the proper scope of the claims at issue. TurboCare Div. of Demag Delaval Turbomachinery Corp. v. Gen. Elec. Co., 264 F.3d 1111, 1120, 60 USPQ2d 1017, 1024 (Fed. Cir.2001). Claims 1 and 3 of the '880 patent require a “means for causing said at least one laser beam to strike the periphery of the energy zone for visibly outlining said entire energy zone.” The parties agree that those claims at issue are in means-plus-function format and therefore invoke the provisions of 35 U.S.C. § 112, ¶ 6. See Wenger Mfg., Inc. v. Coating Mach. Sys., Inc., 239 F.3d 1225, 1232, 57 USPQ2d 1679, 1684 (Fed.Cir.2001) (<HOLDING>). Section 112, paragraph 6, allows a paten-tee Options: A. holding that if a document falls within the scope of the public records statute then the presumption favoring disclosure applies B. holding that person as defined in njsa 112 does not include the state based on the fact that 1 the definition of person indicates that such term includes the state when it is used to designate the owner of property which may be the subject of an offense and 2 state and municipality are separately defined in njsa 112 C. holding that as to the scope of court review substantial evidence is a stringent limitation D. holding that a claim was not indefinite for using the term selector because it was a standard component and its structure was well known in the art E. holding that claim limitation using the term means for and not reciting any structure presumptively falls within the scope of 112 6

assistant: The best answer is E. holding that claim limitation using the term means for and not reciting any structure presumptively falls within the scope of 112 6
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: also Ovalle, 136 F.3d at 1100-01; Powers v. Ohio, 499 U.S. 400, 410, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991)). The rare “third-party standing” exception to this requirement allows federal courts to hear cases in which a plaintiff can “show that (1) it has suffered an injury in fact; (2) it has a close relationship to the third party; and (3) there is some hindrance to the third party’s ability to pro of “the independent action of some third party not before the court,” the plaintiff generally lacks standing to seek its redress. Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26, 42, 96 S.Ct. 1917, 48 L.Ed.2d 450 (1976); see also Lujan, 504 U.S. at 560-61, 112 S.Ct. 2130; Shearson v. Holder, 725 F.3d 588, 592 (6th Cir. 2013); Ammex, Inc. v. United States, 367 F.3d 530, 533 (6th Cir. 2004) (<HOLDING>). Neither is injury caused by market conditions Options: A. holding that the legal incidence of the kansas fuel tax falls on the distributor B. holding that a faa certificate was not dispositive as to whether an airline operated on an established line for purposes of the excise tax exemption C. holding that a retailer lacked standing to challenge a federal excise tax assessed against a thirdparty fuel supplier even where the retailer was required by contract to pay the supplier an amount equal to the excise tax upfront at the time of purchase since the alleged injury in the form of increased fuel costs was not occasionedby the government D. holding that constitutional challenge to controlled substance excise tax must pursue administrative routes followed by appeal in tax court E. holding that the legal incidence of the kansas fuel tax falls on distributors not retailers

assistant: The best answer is C. holding that a retailer lacked standing to challenge a federal excise tax assessed against a thirdparty fuel supplier even where the retailer was required by contract to pay the supplier an amount equal to the excise tax upfront at the time of purchase since the alleged injury in the form of increased fuel costs was not occasionedby the government
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 Borrower, severally and not jointly with the other Borrower, hereby unconditionally promises to pay to the Agent for the account of each Lender the then unpaid principal amount of each Revolving Loan made by such Lender to such Borrower, (i) in the case of the Company, on the Availability Termination Date for the Company and (ii) in the case of the Borrowing Subsidiary, on the earlier of the Availability Termination Date for the Borrowing Subsidiary and (without limiting its ability to reborrow hereunder in accordance with the other terms of this Agreement) the date 364 days after the date such Revolving Loan is made. Notwithstanding the termination of the Commitments under this Agreement, until all the Obligations of each Borrower (other than contingent indemnity obligations) shall have been fully paid and satisfied (or in the case of LC Exposure, cash collateralized as provided herein) and all obligations to make any further financing arrangements between each Borrower and the Lenders hereunder and under the other Loan Documents shall have been terminated, all of the rights and remedies with respect to such Borrower and its Obligations under this Agreement and the other Loan Documents shall survive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: such issue sna sponte. 3 Estate of Imamura, P. Action No. 89-1009 (N.M.I. Super. Ct. Feb. 17, 1995) (decision and order granting petition for partial distribution at 3). 4 Although not mentioned by the Superior Court or any of the parties in this action, the Superior Court had previously found § 2411 to be unconstitutional. Estate ofTudela, Civ. Action No. 86-884 (N.M.I. Super. Ct. May 22,1992) (Order at 8,9. and 10). rev’d on other grounds, 4 N.M.I. 1 (1993), appeal dismissed, No. 93-16486 (9th Cir. Nov. 18, 1994). However, the constitutionality of § 2411 is not before us today. In Estate of Tudela, the court stated: In reality, section 2411 is an effort to amend the Constitution without following the proper procedure ... . In operation, 8 CMC § 2411 woul High Ct., Tr. Div. 1962) (<HOLDING>); Estate of Cabrera. 2 N.M.I. 195, 203-04 Options: A. holding that trial court did not err in basing decision on local customary law rather than common law B. holding that trial court did not err in applying common law but noting that chamorro customary law also could have been applied C. holding that common law review of a licensing decision was sufficient D. holding that the trial court did not err by granting defendants motion for summary judgment E. holding that trial court did not err

assistant: The best answer is A. holding that trial court did not err in basing decision on local customary law rather than common law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: inconsistent. Even if it were, this court has rejected this line of argument. See, e.g., United States v. Whatley, 133 F.3d 601, 606 (8th Cir.1998) ("The only relevant question when reconciling inconsistent verdicts ... is whether there was enough evidence presented to support the conviction.... Inconsistent verdicts are not, on their own, sufficient grounds for reversal or a new trial”). 18 .Following his convictions, Medearis filed a motion for new trial based on newly discovered evidence, which the district court denied. In a one-paragraph argument on appeal, Medearis claims this was error. We have reviewed Medearis' argument and our analysis of the controlling factors establishes that his argument is without merit. See United States v. Duke, 255 F.3d 656, 659 (8th Cir.2001) (<HOLDING>). BYE, Circuit Judge, dissenting. With due Options: A. holding that to obtain a new trial based on newly discovered evidence the defendant must allege facts from which the court may infer diligence on the part of the defendant B. holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial C. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is granted D. holding that unavailable evidence may constitute newly discovered evidence if the failure to learn of the evidence did not result from the defendants lack of due diligence E. holding that new evidence must be evidence that is not merely cumulative

assistant: The best answer is C. holding that to justify a new trial based upon newly discovered evidence 1 the evidence must have been discovered after trial 2 the failure to discover this evidence must not be attributable to a lack of due diligence on the part of the movant 3 the evidence must not be merely cumulative or impeaching 4 the evidence must be material and 5 the evidence must be likely to produce an acquittal if a new trial is 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 legal provision and list the applicable contract clause categories. Provision: Section 6.1, Article 11, Article 12, Article 13.4, Article 14, and Article 15 and any provision of this Agreement that by its nature extends beyond the termination of this Agreement shall survive termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for disputes arising under Section 5 of this Agreement (including, without limitation, any claim for injunctive relief), any controversy, dispute or claim arising out of or relating to this Agreement, or its interpretation, application, implementation, breach or enforcement which the Parties are unable to resolve by mutual agreement, shall be settled by submission by either Executive or the Company of the controversy, claim or dispute to binding arbitration in San Juan, Puerto Rico (unless the Parties agree in writing to a different location), before a single arbitrator in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association then in effect. In any such arbitration proceeding the Parties agree to provide all discovery deemed necessary by the arbitrator. The decision and award made by the arbitrator shall be accompanied by a reasoned opinion, and shall be final, binding and conclusive on all Parties hereto for all purposes, and judgment may be entered thereon in any court having jurisdiction thereof. The Company will bear the totality of the arbitrator’s and administrative fees and costs. Each party shall bear its or his litigation costs and expenses (including, without limitation, legal counsel fees and expenses); provided , however , that the arbitrator shall have the discretion to award the prevailing party reimbursement of its or his reasonable attorneys’ fees and costs. Upon the request of either of the Parties, at any time prior to the beginning of the arbitration hearing the Parties may attempt in good faith to settle the dispute by mediation administered by the American Arbitration Association. The Company will bear the totality of the mediator’s and administrative fees and costs. In any arbitration, neither of the Parties will be entitled to present, maintain or participate in a class, collective or representative complaint, and the arbitrator will have no authority over any of said claims or actions. This covenant to arbitrate shall not govern claims regarding workers’ compensation under the State Insurance Fund, state insurance for temporary disability or unemployment insurance benefits.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: judicial review of merely discretionary decisions,” and citing Yang v. INS, 109 F.3d 1185, 1195 (7th Cir.1997)). Because IIRI-RA expressly preclud .2d 1434, 1435 (9th Cir.1986) (affirming district court’s denial of preliminary injunction that would interfere with Attorney General’s discretionary power to choose facility where deportable aliens were detained in absence of proof of actual deprivation of statutory right to counsel or denial of due process). Thus, the complaint does not allege that an actual or continuing constitutional violation had occurred that could be remedied by judicial action. We emphasize, however, that our holding in this case has no application to constitutional habeas claims brought pursuant to 28 U.S.C. § 2241. See Jurado-Gutier-rez, 190 F.3d at 1145-47 (<HOLDING>). While the immigration statutes may not Options: A. holding that iirira does not bar us from staying removal orders pending resolution of petitions for review B. holding that review under 2241 still available notwithstanding express language in iirira barring review by any court of final orders of removal for aliens deportable by reason of having committed a criminal offense and distinguishing between direct and collateral review C. holding that the real id act gave us jurisdiction to review a criminal aliens petition for review of an order of removal raising a question of law D. holding that noncriminal aliens could seek review of the agencys orders through either a petition for review or a 2241 petition E. holding that iirira 309c4g repealed this courts jurisdiction over petitions for review filed by aliens who are deportable for having committed enumerated criminal offenses but did not repeal 28 usc 2241

assistant: The best answer is B. holding that review under 2241 still available notwithstanding express language in iirira barring review by any court of final orders of removal for aliens deportable by reason of having committed a criminal offense and distinguishing between direct and collateral review
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 are no bankruptcy, insolvency, reorganization, receivership or similar procedures pending with respect to, being contemplated by or, to the knowledge of Guarantor, threatened against Guarantor. Guarantor is not insolvent and will not be rendered insolvent as a result of execution of this Agreement. Guarantor has the financial capacity to perform all of its obligations under this Agreement.

assistant: Solvency
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: Without limiting survival provisions which would otherwise be implied or construed under applicable law, the provisions of Sections 3.3.3 , 6.2 , 7 , 9.1.3 , 9.5 , 9.12 , 9.14 , 9.33 , 11.1 , 11.2 , 11.3 , 11.4 and 14.14 hereof shall survive the expiration or earlier termination of this Sublease with respect to matters occurring or liabilities accruing prior to the expiration or earlier termination of this Sublease.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be treated as confidential and is being provided to Purchaser and the Seller solely in connection with the transactions contemplated under the Acquisition Agreement. This Agreement may not be used, circulated, quoted or otherwise referred to in any document by Purchaser or the Seller or their respective Affiliates, except with the prior written consent of Purchaser and the Investor in each instance; provided , that no such written consent is required for any disclosure of the existence of this Agreement to (a) the extent required by applicable Law or by rules of any national securities exchange applicable to the Seller ( provided , that Purchaser or the Seller, as applicable, will provide the Investor an opportunity to review and comment upon such proposed disclosure in advance of such disclosure being made) or (b) representatives of either Purchaser or the Seller who need to know of the existence of this Agreement in connection with the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall pay all expenses (including Taxes imposed on those expenses) it incurs in the authorization, negotiation, preparation, execution and performance of this Agreement and the Transactions, including all fees and expenses of its legal counsel, bankers, investment bankers, brokers, accountants or other Representatives or consultants.

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 case excerpt and choose the best holding from the options. Case excerpt: the crew); Gilmore & Black, The Law of Admiralty § 6-20, at 325-26 (describing Congress’s abolition of the fellow-servant rule as an ill-fated attempt to abrogate The Osceola). We do not think the Seamen’s Act of 1915, now itself abrogated by the Jones Act, provided seamen with a cause of action against a master for negligence under the general maritime law. We note that Kennedy v. Gulf Crews, Inc., 750 F.Supp. 214, 215-16 (W.D.La.1990), the only other case that we know of to consider whether a master may be liable to a seaman for negligence under the general maritime law, rejected a similar argument by the plaintiff and held that a seaman does not have a cause of action against his master for negligence. Cf. California Home Brands, Inc. v. Ferreira, 871 F.2d 830, 834-35 (9th Cir.1989) (<HOLDING>). We hold that the general maritime law does Options: A. holding that jones act claimant against the government must comply with the terms of 2675 B. holding that the jones act provides an independent basis for subject matter jurisdiction C. holding that a usbased company was an employer under the jones act D. recognizing that each party in a joint enterprise is responsible for the negligent act of the other E. holding that the jones act did not operate to make negligent crew members liable to their employers for damages paid to other seamen under the jones act because crew members cannot sue each other for negligence

assistant: The best answer is E. holding that the jones act did not operate to make negligent crew members liable to their employers for damages paid to other seamen under the jones act because crew members cannot sue each other for negligence
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 the class is subject to unique defenses, not whether class members with unique defenses require separate leadership. See 15 U.S.C.A. § 78u-4 (a)(3)(B)(iii)(II)(bb) (West 1999). Moreover, Flanigan mischaracterizes Chill v. Green Tree Financial, 181 F.R.D. 398 (D.Minn.1998) to buttress his position; the District of Minnesota is located in the Eighth Circuit, not the Third Circuit, see 28 U.S.C. § 41 (1994), and is indeed bound by the Eighth Circuit’s restrictive precedent on option-holder standing, which was one reason for that court’s decision to create a separate options class. In any event, at least one case from this District has already taken a much broader view of option-holder standing. See In re Adobe Systems, Inc. Securities Litigation, 139 F.R.D. 150, 155 (N.D.Cal.1991) (<HOLDING>) 4 . This determination in no way precludes the Options: A. holding that options traders may assert rule 10b5 claims B. holding that reliance on a material omission may be presumed in a rule 10b5 case C. holding that loss causation is a necessary element of a rule 10b5 claim D. holding that both section 122 and rule 10b5 claims are timebarred by section 13 E. recognizing a rebuttable presumption of reliance in rule 10b5

assistant: The best answer is A. holding that options traders may assert rule 10b5 claims
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 not be assigned, in whole or in part, by a Party without prior written consent of the other Parties. In the event a non-assigning Party consents to any such assignment, or Company assigns this Agreement to an Affiliate, such assignment shall not relieve the assigning Party of any obligations and responsibilities hereunder, including obligations and responsibilities arising following such assignment.

assistant: Assignments
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: declines to engage in a choice of law analysis at this juncture. Defendants themselves concede that the Court need not make this decision at this time. Importantly, the Court notes that Plaintiffs will ultimately bear the burden of establishing whether this claim can be certified as a nationwide class. The Young court further noted that district courts have taken different positions on whether the elements of unjust enrichment are materially different across the fifty states. 671 F.Supp.2d at 1017. Moreover, the authorities provided by Defendants under Alabama, Maryland, and New York law are not persuasive and do not render Plaintiffs’ claim unavailable as a matter of law at the pleading stage. See Lemoine Co. of Alabama, L.L.C. v. HLH Constructors, Inc., 62 So.3d 1020, 1028 (Ala.2010) (<HOLDING>); Janusz v. Gilliam, 404 Md. 524, 947 A.2d 560, Options: A. holding that subcontractor could recover damages from general contractor for delay in performance under state law B. holding quantum meruit unavailable to remedy invalid contract C. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor D. holding that a subcontractor could not recover on theory of quantum meruit for an implied contract against general contractor where condition precedent to payment under express contract was not satisfied E. holding that a clause making payment by the owner an express condition precedent to payment by the general contractor to the subcontractor was enforceable

assistant: The best answer is D. holding that a subcontractor could not recover on theory of quantum meruit for an implied contract against general contractor where condition precedent to payment under express contract was not satisfied
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 representation, warranty, covenant and agreement contained in this Agreement or in any other agreement or document delivered in connection with this Agreement shall survive the Closing and be enforceable until such covenant or agreement has been fully performed. All representations and warranties contained in this Agreement or in any other agreement or document delivered in connection with this Agreement shall survive the Closing until the fifth anniversary of the Closing Date and shall thereafter expire, except that any representation or warranty with respect to which a claim has been made for a breach thereof prior to such date shall survive until such claim is resolved.

assistant: Warranties
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) (that statute also covered lawful entry, another reason it was broader than Taylor "burglary,” see Ortega-Gonzaga, 490 F.3d at 396 & n. 5). Of course, if the intent could be formed anytime, then every crime committed after an unlawful entry or remaining in would be burglary. Re-latedly, one who lawfully enters a building does not "unlawfully remain” just because he later commits a crime, parlaying the crime into burglary because now intent and unlawful remaining coincide — a shoplifter, for instance, who enters lawfully but intending to steal does not "unlawfully remain” when he commits the theft. 2 . The plain text of § 39-14-402(a)(3) does not require such intent, as a Tennessee court has recognized. See State v. Wesemann, 1995 WL 605442, at *2 (Tenn.Crim.App. Oct. 16, 1995) (<HOLDING>). 3 . One could argue that the teenagers Options: A. holding that 3914402a3 requires only that a crime be committed or attempted once the perpetrator enters the building criminal intent does not have to occur either prior to or simultaneous with the entry B. holding that attempted sexual abuse is a specific intent crime C. holding that the exclusion of prospective jurors from either the area where the crime was committed or where the defendant resided does not violate the sixth amendment D. holding that 201b makes attempted bribery a crime and so long as a bribe is offered or promised with the requisite intent to influence any official act the crime is committed E. holding the crime of conspiracy is committed or not before the substantive crime begins

assistant: The best answer is A. holding that 3914402a3 requires only that a crime be committed or attempted once the perpetrator enters the building criminal intent does not have to occur either prior to or simultaneous with the entry
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 has (a) for the twenty-four (24) months preceding the filing of the Form 10-K (or such shorter period as the Company was required by law to file such reports) (i) disclosed all material information required to be publicly disclosed by it on Form 8-K, (ii) filed all reports on Form 10-Q and Form 10-K and (iii) filed all other reports (other than any Form 8-K) required to be filed by it under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, and (b) since the filing of the Form 10-K, the Company has filed all reports required to be filed by it under the Securities Act and Exchange Act (the foregoing materials being collectively referred to herein as the "SEC Reports" and, together with the Schedules to this Agreement (if any), the “Disclosure Materials”) on a timely basis or has timely filed a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Exchange Act and the rules and regulations of the SEC promulgated thereunder, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the SEC with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles (“GAAP”) applied on a consistent basis during the periods involved, except as may be otherwise specified in such financial statements or the footnotes thereto, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiary as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

assistant: Financial Statements