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: the burden to the creditor to prove its claim by a preponderance of the evidence). This Court will now consider whether the Trust met its burden with regard to participation liability and alter ego liability. B. Participation Liability Participation liability is a separate and distinct basis of liability from alter ego liability. See Wicks v. Milzoco Builders, Inc., 503 Pa. 614, 621, 470 A.2d 86 (1983) (explaining difference between alter-ego liability and participation liability). To establish participation liability, the Trust must establish (1) the existence of tortious conduct and (2) knowing participation in or personal direction of the tortious conduct by Richard. See USTAAD Systems, Inc. v. iCAP Intern. Corp., Civ. No. 09-1149, 2010 WL 2838593, at *5 (M.D.Pa. Jul. 16, 2010) (<HOLDING>); Alpart v. General Land Partners, Inc., 574 Options: A. recognizing that to maintain unjust enrichment claim against a corporate officer the claimant must show the officer actually participated in the misconduct B. recognizing distinction between corporate officer acting on behalf of himself and corporate officer acting on behalf of his corporation C. recognizing affirmative duty of a police officer to prevent the violation of constitutional rights by another officer D. recognizing the need for a nexus or causal connection between the claim against the officer and onces official corporate capacity E. holding that grand jury testimony of officer and inhouse counsel for corporate defendant was properly admitted as admission against the corporate defendant

assistant: The best answer is A. recognizing that to maintain unjust enrichment claim against a corporate officer the claimant must show the officer actually participated in the misconduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: employed statistical method used in a variety of séttings — that randomly perturbed the lines of an initial districting plan to generate successive new plans. Id. at 13-15. The computer algorithm then eliminated from the 150,000 plan sample all “unreasonable” districting plans — plans with noncontiguous districts, plans with population deviations exceeding 0.1 percent, plans that were not reasonably compact under common statistical measures of compactness, plans that did not minimize the number of county and VTD splits, and plans that did not comply with the' Voting Rights Act — yielding the 24,518-plan ensemble. id. at 15-17. The criteria Dr. Mattingly used to eliminate “unreason able” plans from his sample reflect traditional redistricting criteria, see Harris, 136 S.Ct. at 1306 (<HOLDING>), and nearly all non-partisan criteria adopted Options: A. holding that an apportionment plan with a maximum population deviation under 10 falls within the category of minor deviations from mathematical equality among state legislative districts that are insufficient to make out a prima facie case of invidious discrimination under the fourteenth amendment notwithstanding that the plain language of the constitution references no such statistical threshold B. holding that bail revocation serves to maintain the integrity of the judicial process and the authority of the courts and protect the public from potentially dangerous persons C. holding that the state as well as the defendant has a right to rely on compliance with rule 16 D. holding that equitable considerations did not toll the statute of limitations under the tort claims act where plaintiffs conduct was not in strict compliance with congressional waiver of immunity E. recognizing compactness contiguity maintaining integrity of political subdivisions and potentially compliance with the voting rights act as legitimate considerations for deviations from population equality in state redistricting plans

assistant: The best answer is E. recognizing compactness contiguity maintaining integrity of political subdivisions and potentially compliance with the voting rights act as legitimate considerations for deviations from population equality in state redistricting plans
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in this Agreement, unless the context otherwise requires, the term “includes” and its syntactical variants means “includes but is not limited to.” The headings and captions contained in this Agreement have been inserted for convenience only and shall not be deemed in any manner to modify, explain, enlarge or restrict any of the provisions hereof. Preparation of this Agreement has been a joint effort of the Parties and the resulting document shall not be construed more severely against one of the Parties than against the other. All references herein to “Sections” and “Articles” in this Agreement shall refer to the corresponding section and article of this Agreement unless specific reference is made to such sections of another document or instrument. The words “hereof,” “herein” and “hereunder” and words of similar import when used in any agreement or instrument shall refer to such agreement or instrument as a whole and not to any particular provision of such agreement or instrument.

assistant: Interpretations
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 Lender agrees to hold any confidential information which it may receive from the Borrower or any of its Subsidiaries or Affiliates pursuant to this Agreement in confidence and for use in connection with this Agreement (collectively, “ Information ”; provided that “Information” shall not include information pertaining to this Agreement routinely provided by arrangers to data service providers, including league table providers, that serve the lending industry), including without limitation for use in connection with its rights and remedies hereunder, except for disclosure (a) to other Lenders and their respective Affiliates, (b) to legal counsel, accountants, and other professional advisors to such Lender, (c) to regulatory officials, (d) as requested pursuant to or as required by law, regulation, or legal process, (e) in connection with any legal proceeding to which such Lender is a party and (f) to a proposed assignee or participant permitted under Section 8.06 which shall have agreed in writing to keep such disclosed confidential information confidential in accordance with this Section.

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: This Agreement has been duly authorized, executed and delivered by the Company, and, assuming due authorization, execution and delivery by the other parties hereto, constitutes the legal, valid and binding obligations of the Company, enforceable against the Company in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting creditors’ rights generally or by general equitable principles.

assistant: 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: Each Borrower will, and will cause each of its Subsidiaries (other than any Project Finance Subsidiary, Non-Material Subsidiary or SPC) to, maintain with financially sound and reputable insurance companies insurance on all its Property in such amounts, subject to such deductibles and self-insurance retentions and covering such risks as are consistent with sound business practice, and such Borrower will furnish to any Lender upon request full information as to the insurance carried.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence but must, instead, introduce additional evidence of ... discrimination.” Id. at 1084. At this point, the record does not reflect the production of evidence above and beyond that required for a prima facie showing, although the matter of the Brian Smith declaration remains to be resolved, see Section B, infra. The third manner of showing pretext “ordinarily consists of evidence that other employees ... were not fired even though they engaged in substantially identical conduct.” Manzer, 29 F.3d at 1084. Given that Parries could not demonstrate disparate treatment, he did not satisfied the third method; he failed to show that any other employee who engaged in the same pattern of infractions was not fired. See Warfield v. Lebanon Corr. Inst., 181 F.3d 723, 730-31 (6th Cir. 1999) (<HOLDING>). Given the current state of the record, and Options: A. holding that when an employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death to employees and an employee is injured or killed by that misconduct the employee may pursue a civil action against his employer and also pursue benefits under the workers compensation act B. holding that an employee could not establish pretext when the employer in good faith believed that the employee engaged in misconduct regardless whether the employee in fact engaged in the misconduct C. holding that proof that an employer fired an employee three months after the employee filed a charge of discrimination sufficed to state a prima facie case of causation D. holding that an employee fired for a series of incidents alleged to constitute misconduct must show that a similarlysituated employee engaged in a comparably serious series of bad acts not merely similar individual acts E. holding that because the employee had engaged in similar religious conduct on prior occasions employer had notice of the conflict

assistant: The best answer is D. holding that an employee fired for a series of incidents alleged to constitute misconduct must show that a similarlysituated employee engaged in a comparably serious series of bad acts not merely similar individual acts
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 contains the entire agreement between the parties with respect to Kanipe’s employment by Employer and the Bank and supersedes the Prior Agreement in its entirety. Each of the parties acknowledges that the other party has made no agreements or representations with respect to the subject matter of this Agreement other than those hereinabove specifically set forth 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are responsible for maintaining the confidentiality of your login credentials you use to sign up for tinder , and you are solely responsible for all activities that occur under those credentials .

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: which could not be searched in the absence of “joint access or control for most purposes” over them by Ms. Bakker. Mr. Kelley’s privacy interest in his bedroom is not diminished by the fact that Ms. Bakker had access to other areas of the apartment; similarly, the police may not search a bedroom merely because other areas of the apartment may lawfully be searched. Precedent makes clear that Ms. Bakker could validly consent to a warrant-less search of Mr. Kelley’s bedroom only if she had “joint access and control for most purposes” over the bedroom itself. See Cunningham, 352 F.2d at 4-5 (noting that the validity of consent is analyzed according to the particular area to be searched and the extent of the housemate’s access to that particular area); see also Heisman, 503 F.2d at 1288 (<HOLDING>). The majority blatantly ignores these cases, Options: A. holding that a defendants sister could consent to a search of only the common areas of their shared house and her own bedroom and explicitly stating that the sister could not consent to search the defendants bedroom because the defendant had a reasonable expectation of privacy in her own bedroom B. holding consent invalid when a housemate had unlimited access to the common areas of the apartment but only limited access to her housemates bedroom C. holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building D. holding that a wife validly consented to a search of the garage when she was married to the defendant was part owner of the home and had unlimited access to all areas E. recognizing common law right of access to judicial documents

assistant: The best answer is B. holding consent invalid when a housemate had unlimited access to the common areas of the apartment but only limited access to her housemates bedroom
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 provided in Paragraph 4(a), above, Consultant agrees that, both during the Term of Service and at all times thereafter, Consultant will not, whether in public or in private, orally, in writing, or otherwise, directly or indirectly, (i) make, publish, encourage, ratify, or authorize, or aid, assist, or direct any other person or entity in making or publishing, any statements that in any way defame, criticize, malign, impugn, denigrate, reflect negatively on, or disparage any of the Company Parties, or place any of the Company Parties in a negative light in any manner whatsoever; or (ii) aid, assist, or direct any other person or entity to do any of the foregoing, in each case except as explicitly approved, in writing, by the Company. The Company agrees to use commercially reasonable efforts to instruct the senior executives of the Company that, during the Term of Service and at all times thereafter, such individuals are not permitted to make any disparaging or defamatory comments regarding Consultant in any respect or make any comments concerning any aspect of Consultant’s relationship with any of the Company Entities. In addition, the members of the Board will not, during the Term of Service and at all times thereafter, make any disparaging or defamatory comments regarding Consultant in any respect or make any comments concerning any aspect of Consultant’s relationship with any of the Company Entities. Notwithstanding the foregoing, such obligations will not prevent Consultant, the members of the Board or any of the senior executives of the Company from testifying truthfully to any request for discovery or testimony in any judicial or quasi-judicial proceeding or any governmental inquiry, investigation or other proceeding.

assistant: Non-Disparagement
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 Award Agreement will be governed by the laws of the State of Delaware, without giving effect to the conflict of law principles thereof. For purposes of litigating any dispute that arises under this Award or this Award Agreement, the parties hereby submit to and consent to the jurisdiction of the State of Arizona , and agree that such litigation will be conducted solely in the courts of Maricopa County, Arizona, or the federal courts for the United States for the District of Arizona.

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: In the event of a Change in Control, as defined in the Plan, after the Grant Date and prior to the Determination Date, the performance criteria shall be deemed to be satisfied at maximum level and the Units shall become fully vested. The Units vested in accordance with the terms of this Section 4 shall be paid to the Holder within 10 days following such Change in Control in shares of unrestricted Stock as provided in Section 3 hereof, subject to Section 6.13(k).

assistant: Change In Control
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: through his lawful deputy” (Doc. 26 at 9; see id. at 2), and Garcia-Contreras does not contest this {see Doc. 29 at 6-7). This is consistent with the parties' indications that service was accomplished through personal delivery. (See, e.g., Doc. 4 at 5 (referring to "the delivery of the complaint ... to the Plaintiff”).) Because the court's resolution of this claim rests ultimately upon the timing, not the manner, of service, the manner of service is not dispositive. 16 . To the extent Defendants’ position relies upon the assumption that only communications with the consumer can constitute "collection of the debt,” they have not provided any authority to support it and it is contrary to case law. Cf., e.g., Edeh v. Midland Credit Mgmt., Inc., 748 F.Supp.2d 1030, 1035-36 (D.Minn.2010) (<HOLDING>), aff'd, No. 10-3441, 413 Fed. Appx. 925, 2011 Options: A. holding that reporting of historically accurate debt may violate the fcra when the reporting did not include that the debt was discharged in bankruptcy or that the debt was in dispute B. holding that reporting a consumers debt to a creditreporting agency constitutes collection of the debt under 1692gb C. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt D. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or E. holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred is an unfair and unconscionable means of collecting the debt

assistant: The best answer is B. holding that reporting a consumers debt to a creditreporting agency constitutes collection of the debt under 1692gb
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 parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in the amount of $3,500; provided , however , that (A) the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment, (B) only one such fee shall be payable with respect to the assignment of Loans and/or Commitments hereunder and the simultaneous assignment among the parties of a corresponding percentage of the same Class of Group Loans and/or Group Commitments under the other Group Credit Agreements and (C) no such fee will be due and payable with respect to any assignment made by a Disqualified Lender pursuant to Section 10.06(g)(ii) . Other than in the case of assignment pursuant to Section 10.06(f) below, the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire and any documentation required by Section 3.01 . Each Assignment and Assumption shall have an express statement that such Loans and/or Commitments being conveyed by such Assignment and Assumption are in each case subject to the Intercreditor Agreement Among Group Lenders and Section 10.20 of each Group Credit Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Assignment or attempted assignment by any Seller Party or Guarantor of this Agreement or any rights hereunder without first obtaining the specific written consent of Buyer, or the granting by any Seller of any security interest, lien or other encumbrances on any Purchased Assets, Mortgage Loans or Contributed Assets, as applicable, to any person other than Buyer; or the granting by REO Subsidiary of any security interest, lien or other encumbrances on any Purchased Asset or Contributed Asset to any person other than Buyer or nominee approved by Buyer.

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: When presented with claims of error in the district court’s admission of evidence, we review for abuse of discretion. United States v. Johnson, 127 F.3d 625, 630 (7th Cir.1997). We give the district court great deference in such matters, and we will not substitute our judgment in place of the judgment of the district court. United States v. Van Dreel, 155 F.3d 902, 905-06 (7th Cir.1998); United States v. Bradley, 145 F.3d 889, 892 (7th Cir.1998). We only consider whether any reasonable person could agree with the district court. 1. Opening the door. Senffner argues that the district court erred by admitting his prior civil contempt at his criminal contempt trial, and that he was unfairly prejudiced by its admission, relying on United States v. Boyd, 208 F.3d 638, 641 (7th Cir.2000) (<HOLDING>) vacated on other grounds by Boyd v. United Options: A. holding exclusion of defendants nephews prior inconsistent statement constituted reversible error B. recognizing potential reversible error by disclosing defendants prior jury conviction C. holding that admission of evidence of defendants gross receipts was reversible error D. holding that the judges entry into the jury room constituted reversible error E. holding that the jury is not to consider the potential punishment which could result from a conviction

assistant: The best answer is B. recognizing potential reversible error by disclosing defendants prior jury conviction
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: has an interest in contesting subject matter jurisdiction, Dichter’s interest may be harmed if Dichter is not permitted to intervene on appeal. See Fed.R.Civ.P. 24(a). “The timeliness of a motion to intervene is assessed in light of all the circumstances, including the length of time since the applicant knew of his interest in the case, prejudice to the existing parties, prejudice to the applicant, and the existence of any unusual circumstances.” Utah Ass’n of Counties v. Clinton, 255 F.3d 1246, 1250 (10th Cir.2001) (quotation omitted). Prior to the district court’s entry of final judgment it was reasonable for Dichter to rely on Appellees to argue the issue of subject matter jurisdiction. Cf. United Airlines, Inc. v. McDonald, 432 U.S. 385, 394-96, 97 S.Ct. 2464, 53 L.Ed.2d 423 (1977) (<HOLDING>). Although Elliott asserts that allowing Options: A. holding that appellate timetable is extended by filing postjudgment motion or other instrument that is 1 timely filed and 2 assails the trial courts judgment B. holding that absent a timely postjudgment motion the trial court has no jurisdiction to alter amend or vacate a final judgment C. holding harringtons first pcr application was timely filed D. holding that the trial court erred in denying as untimely a postjudgment motion to intervene filed promptly after judgment and noting that this holding was consistent with several decisions of the federal courts permitting postjudgment intervention for the purpose of appeal E. holding that postjudgment application for intervention was timely

assistant: The best answer is E. holding that postjudgment application for intervention was timely
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 will, and will cause each of its Subsidiaries to, comply with the requirements of all applicable laws, rules, regulations, and orders of any Governmental Authority (including any order of the Bankruptcy Court), other than laws, rules, regulations, and orders the non-compliance with which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The cash severance benefits shall be paid in a single lump sum payment within ninety (90) days following the Executive’s Separation from Service, or shall be paid in such amounts during such period (not to exceed the number of months of continuation pay represented by the amount of the benefit following the Executive’s Separation from Service), as is determined in the sole discretion of the Committee. Notwithstanding the foregoing, no discretion as to the timing and form of payment is allowed for the amount of the cash severance benefits that exceed the lesser of (a) two times the Executive’s annualized compensation (as determined pursuant to Code Section 409A) for the calendar year preceding the year of Separation from Service, or (b) two times the compensation limit in effect under Code Section 401(a)(17) for the year in which the Separation from Service occurs; such amount shall be required to be paid in a lump sum within ninety (90) days following the Executive’s Separation from Service. The annual bonus amount payable pursuant to Section 2.02(b) shall be paid at the same time as bonuses would be payable under the applicable bonus or incentive plan or program. The equity awards that vest pursuant to Section 2.02(e) shall be paid or settled at the time provided in such awards. All payments under this Agreement are subject to applicable federal, state and local taxes and withholdings. In the event of the Executive’s death prior to receiving the full cash payment due to him or her, the remaining amount of such payment shall be paid to the Executive’s estate in a single lump-sum payment within thirty (30) days following the Executive’s death, to the extent practicable, or otherwise at the time when the Executive would have been entitled to the payment had the Executive survived.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Such Investor is an entity duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization with the requisite power and authority to enter into and to consummate the transactions contemplated by this Settlement Agreement and otherwise to carry out its obligations hereunder.

assistant: Organizations
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 Contract shall not be amended, altered, changed, modified, supplemented or rescinded in any manner except by a written contract executed by all of the parties; provided, however, that, (a) the signature of the Escrow Agent shall not be required as to any amendment of this Contract other than an amendment of Section 2.3, and (b) the signature of the Broker shall not be required as to any amendment of this Contract.

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 legal provision and list the applicable contract clause categories. Provision: The Participant agrees, upon demand of the Company or the Board, to do all acts and execute, deliver and perform all additional documents, instruments and agreements which may be reasonably required by the Company or the Board, as the case may be, to implement the provisions and purposes of the Notice and these Terms and Conditions and the Plan.

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 Borrower shall use the proceeds of the Advances and Letters of Credit for working capital and other general corporate purposes of the Borrower, provided that the Borrower will not use any proceeds for the purpose of purchasing or carrying directly or indirectly any margin stock or for any other purpose which would constitute this transaction a "purpose credit" within the meaning of Regulation U.

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 legal provision and list the applicable contract clause categories. Provision: The Company intends to use the net proceeds of this offering after payment of the expenses of the offering for the funding of: research and development activities related to the Intrexon Exclusive Channel Collaborations; and general corporate purposes and shall not use such proceeds for the satisfaction of any portion of the Company’s debt (other than trade payables in the ordinary course of the Company’s business and prior practices), or to redeem any Common Stock or Common Stock Equivalents.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you also agree to : ( a ) provide true , accurate , current and complete information about yourself as prompted by the yahoo service 's registration form ( the `` registration data '' ) and ( b ) maintain and promptly update the registration data to keep it true , accurate , current and complete .

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: relevant statute, the record here reflects other considerations that demonstrate the defendants had fair notice. Mr. Richter and Mr. Olson were members of a specialized and technical field: electronic waste recyclers operating in Colorado. Because this is a highly regulated industry, it is fair to charge defendants with awareness that Colorado’s waste program had to be at least as stringent as EPA’s RCRA regulations, and that the federal regulations included the original intended purpose requirement. See 42 U.S.C. § 6926(b); 40 C.F.R. §§ 261.1, 261.2, 261.20. Thus, the defendants were on notice that an interpretation harmonizing the two regulatory schemes was reasonable, and indeed likely to be enforced against them. Cf. United States v. Weitzenhoff, 35 F.3d 1275, 1289 (9th Cir.1993) (<HOLDING>). Charging the defendants with notice in this Options: A. holding that knowledgeable wastewater management professionals can be expected to understand the meaning of a disposal permit particularly in light of the context of the epas scheme for regulating wastewater B. holding that a joint stock company cannot be a citizen of new york within the meaning of the statutes regulating jurisdiction unless it be a corporation C. holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict D. holding pennsylvania statute regulating subrogation is a law regulating insurance E. holding that insurance agents and brokers are not professionals within meaning of malpractice statute

assistant: The best answer is A. holding that knowledgeable wastewater management professionals can be expected to understand the meaning of a disposal permit particularly in light of the context of the epas scheme for regulating wastewater
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: Create, incur, assume or otherwise cause or suffer to exist or become effective any Lien of any kind (other than Permitted Liens) securing Indebtedness (including Attributable Indebtedness) upon any property or assets, now owned or hereafter acquired.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 10.1 within a certain timeframe after completing a booking , guests and hosts can leave a public review ( `` review '' ) and submit a star rating ( `` rating '' ) about each other .

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: Officer acknowledges that, in executing this Amendment, Officer has had the opportunity to seek the advice of independent legal counsel and has read and understood all of the terms and provisions of this Amendment. This Amendment shall not be construed against any party by reason of the drafting or preparation hereof .

assistant: Interpretations
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: Such Originator will comply with the requirements of applicable laws and regulations, the non-compliance with which would have a Material Adverse Effect. In addition, and without limiting the foregoing sentence, each of the Seller Parties will (i) ensure, and cause each of its Subsidiaries (if any) to ensure, that no Person who owns a controlling interest in or otherwise controls such Person is or shall be a Sanctioned Person, (ii) not use or permit the use of the proceeds of any Receivable to violate any of the foreign asset control regulations of OFAC or any enabling statute or Executive Order relating thereto, and (iii) comply, and cause each Subsidiary to comply, with all Anti-Terrorism Laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of the relevant jurisdiction, the validity of the remaining provisions shall not be affected and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provisions held to be unenforceable, provided that the Parties shall negotiate in good faith a modification of this Agreement with a view to revising this Agreement in a manner which reflects, as closely as is reasonably practicable, the commercial terms of this Agreement as originally signed.

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: Provided that no Default or Event of Default has occurred and is then continuing, the US Borrower, on behalf of itself and the Canadian Borrower, shall have the option to (a) convert all or any portion of any outstanding Base Rate Loans in a principal amount equal to $1,000,000 or any whole multiple of $1,000,000 in excess thereof into one or more LIBOR Rate Loans denominated in Dollars ( provided however that no Revolving Credit Loan may be so converted until the third (3 rd ) Business Day after the Closing Date unless the US Borrower has delivered to the Administrative Agent a letter in form and substance satisfactory to the Administrative Agent indemnifying the Revolving Credit Lenders in the manner set forth in Section 5.9 of this Agreement), (b) convert all or any portion of any outstanding Canadian Base Rate Loan in a principal amount equal to C$1,000,000 or any whole multiple of C$1,000,000 in excess thereof into one or more CDOR Rate Loans, or (c) upon the expiration of any Interest Period, (i) convert all or any part of its outstanding LIBOR Rate Loans in a principal amount equal to $500,000 or a whole multiple of $100,000 in excess thereof into Base Rate Loans, (ii) convert all or any part of its outstanding CDOR Rate Loans in a principal amount of C$500,000 or a whole multiple of C$100,000 in excess thereof into Canadian Base Rate Loans or (iii) continue such LIBOR Rate Loans or CDOR Rate Loans, as applicable, as LIBOR Rate Loans or CDOR Rate Loans, as applicable. Provided that no Default or Event of Default has occurred and is then continuing, the US Borrower, on behalf of the Dutch Borrower, may, upon the expiration of any Interest Period with respect to a Euro Loan, continue such Euro Loan for additional Interest Periods. Whenever the US Borrower desires to convert or continue Loans as provided above, the US Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached as Exhibit E (a “ Notice of Conversion/Continuation ”) not later than 12:00 noon three (3) Business Days (or (x) four (4) Business Days in the case of the Euro Loans or (y) one (1) Business Day for Canadian Dollar Loans) before the day on which a proposed conversion or continuation of such Loan is to be effective specifying (A) the Loans to be converted or continued, and, in the case of any LIBOR Rate Loan or any CDOR Rate Loan to be converted or continued, the last day of the Interest Period therefor, (B) the effective date of such conversion or continuation (which shall be a Business Day), (C) the principal amount of such Loans to be converted or continued, and (D) the Interest Period to be applicable to such converted or continued LIBOR Rate Loan or CDOR Rate Loan. The Administrative Agent shall promptly notify the applicable Lenders of such Notice of Conversion/Continuation.

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: (“A defendant can only rebut the presumption by demonstrating that the sentence is unreasonable when measured against the § 3553(a) factors.”) (brackets omitted). Lackard finally asks that we remand his case to the district court so that the Government may determine whether it would again charge him with a crime carrying a mandatory minimum sentence under the U.S. Department of Justice’s new policy on charging such crimes. Other than his summary assertion that a remand for reconsideration “would only be fair” because his case is not yet final, Lackard presents no evidence to establish that the Government’s failure to apply its new policy in this case would violate his equal protection rights. See United States v. Armstrong, 517 U.S. 456, 464, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996) (<HOLDING>) (internal quotation marks, brackets and Options: A. recognizing federal constitutional claim against the united states B. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states C. holding that the rights and duties of the united states on commercial paper which it issues are governed by federal law and that in the absence of an applicable act of congress it is for the federal courts to fashion the governing rule of law according to their own standards D. holding that given the broad discretion afforded federal prosecutors to enforce the united states criminal laws in the absence of clear evidence to the contrary courts presume that federal prosecutors have properly discharged them official duties E. holding that the united states may bring suit against a state to enforce compliance with federal law

assistant: The best answer is D. holding that given the broad discretion afforded federal prosecutors to enforce the united states criminal laws in the absence of clear evidence to the contrary courts presume that federal prosecutors have properly discharged them official duties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: elsewhere.” J.L., 529 U.S. at 274, 120 S.Ct. 1375; see also Bd. of Educ. v. Earls, 536 U.S. 822, 830, 122 S.Ct. 2559, 153 L.Ed.2d 735 (2002) (“A student’s privacy interest is limited in a public school environment where the State is responsible for maintaining discipline, health and safety.”); T.L.O. 469 U.S. at 348, 105 S.Ct. 733 (Powell, J., concurring) (noting “the special characteristics of elementary and secondary schools that make it unnecessary to afford students the same constitutional protections granted adults and juveniles in a non-school setting”). 2. Intrusiveness of Search. Second, the search was only moderately intrusive. The search of a book bag carried onto school grounds is certainly invasive. Some book bags will contain children’s personal diaries, letter d Cir.2006) (<HOLDING>). Although the searches in these cases were not Options: A. holding that a search of bags carried onto an airplane was minimally intrusive B. holding tacit consent to search of person was insufficient to prove consent to search bags where bags were not in defendants actual possession defendant merely pointed out bags at officers request and officer never specifically asked for consent to search bags C. holding that a random visual and manual search of bags and packages carried onto the new york city subway was minimally intrusive D. holding that search of defendants purse which he carried was authorized by a warrant to search his person E. holding officers act of removing screws from vehicle to open a concealed compartment commonly used for drug transport was minimally intrusive did no damage to the vehicle and did not exceed the defendants consent to search

assistant: The best answer is A. holding that a search of bags carried onto an airplane was minimally intrusive
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 Advisor shall receive an Advisory Fee as compensation for the services rendered hereunder. The Advisor is not entitled to acquisition fees, disposition fees or financing fees; provided, however, that the Advisor will receive the compensation set forth in the Original Advisory Agreement for the Company’s investment in an approximately 1,000,000 square foot property located at 39000 Amrheim Road, Livonia, Michigan 48150 with a total transaction price of approximately $82.4 million.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 4.1 you must register an account ( `` airbnb account '' ) to access and use certain features of the airbnb platform , such as publishing or booking a listing .

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: of violence to the person (great weight), see § 921.141(5)(b), Fla. Stat. (2003); (2) Reynolds committed the murder while engaged in or an accomplice in the commission of or an attempt to commit any burglary (great weight), see § 921.141(5)(d), Fla. Stat. (2003); (3) Reynolds committed the murder for the purpose of avoiding or preventing a lawful arrest (great weight), see § 921.141(5)(e), Fla. Stat. (2003); and (4) Reynolds committed the murder in this case in an especially heinous, atrocious, or cruel fashion (great weight), see § 921.141(5)(h), Fla. Stat. (2003). With respect to Christina Razor’s murder, the trial court also considered the additional aggravating circumstance that the victim was a person less than twelve years of age (great weight), see 921.141(5)(Z), Fla. Stat. 1) (<HOLDING>); Mansfield v. State, 758 So.2d 636, 647 Options: A. holding death sentence proportional in a case where the aggravators were murder committed during the course of enumerated felony prior violent felony and hac and the following nonstatutory mitigating factors were found remorse unstable childhood positive personality traits and acceptable conduct at trial B. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense C. holding the death sentence proportional for the firstdegree murder conviction where the aggravators included prior violent felony conviction and hac D. holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill E. holding the death sentence proportional for the firstdegree murder conviction where only the hac aggravator was found

assistant: The best answer is C. holding the death sentence proportional for the firstdegree murder conviction where the aggravators included prior violent felony conviction and hac