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: Court found that the award of attorneys’ fees constitutes a judgment under the statute rather than a penalty, because the award was intended “to compensate his adversary for the damage inflicted on him in compelling him to incur expenses in support of a just claim.” Id. at 324 (internal quotations omitted). In drawing the distinction, the court noted that the proper inquiry “whether a judgment is ‘a fíne or other penalty’ depends on whether its purpose is remedial in nature, affording a private remedy to an injured person, or penal in nature, punishing an offense against the public justice.” Id. at 323 (citing Chase Manhattan Bank, N.A v. Hoffman, 665 F.Supp. 73, 75-76 (D.Mass.1987)); see also Spann v. Compania Mexicana Radiodifusora Fronteriza, S. A., 131 F.2d 609, 611 (5th Cir.1942) (<HOLDING>). As in Desjardins Ducharme, the awarding of Options: A. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs B. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees C. holding that the costs of computerized research should be characterized not as taxable costs but as attorneys fees D. holding parties agreement provided clear contractual justification for the award of costs and expenses including attorneys fees to the prevailing party E. holding that costs including attorneys fees imposed by a mexican court did not constitute a penalty

assistant: The best answer is E. holding that costs including attorneys fees imposed by a mexican court did not constitute a penalty
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: None of the written reports, financial statements, certificates or other written information furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or any other Loan Document, included herein or therein or furnished hereunder or thereunder (as modified or supplemented by other information so furnished) when taken as a whole, and excluding any information of a general economic or industry nature, contains any material misstatement of material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading; provided that, with respect to forecasts or projected financial information, the Borrower represents only that such information was prepared in good faith based upon assumptions believed by it to be reasonable at the time made and at the time so furnished and, if furnished prior to the Effective Date, as of the Effective Date (it being understood that (i) such forecasts and projections are as to future events and are not to be viewed as facts, (ii) such forecasts and projections are subject to significant uncertainties and contingencies, many of which are beyond the control of the Borrower and its Subsidiaries, (iii) no assurance can be given by the Borrower that any particular forecasts or projections will be realized and (iv) actual results during the period or periods covered by any such forecasts and projections may differ significantly from the projected results and such differences may be material).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. Counterpart signatures delivered by facsimile or other means of electronic transmission shall be valid and binding to the same as the delivery of original ink signatures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the execution and delivery by the Borrower of the Facility Documents, nor the consummation of the transactions therein contemplated, nor compliance with the provisions thereof will violate (a) any law, rule, regulation, order, writ, judgment, injunction, decree or award binding on the Borrower or any of its Subsidiaries or (b) the Borrower’s or any Subsidiary’s articles or certificate of incorporation, partnership agreement, certificate of partnership, articles or certificate of organization, by‑laws, or operating or other management agreement, as the case may be, or (c) the provisions of any indenture, instrument or agreement to which the Borrower or any of its Subsidiaries is a party or is subject, or by which it, or its Property, is bound, or conflict with or constitute a default thereunder, or result in, or require, the creation or imposition of any Lien in, of or on the Property of the Borrower or a Subsidiary pursuant to the terms of any such indenture, instrument or agreement. No order, consent, adjudication, approval, license, authorization, or validation of, or filing, recording or registration with, or exemption by, or other action in respect of any governmental or public body or authority, or any subdivision thereof, which has not been obtained by the Borrower or any of its Subsidiaries, is required to be obtained by the Borrower or any of its Subsidiaries in connection with the execution and delivery of the Facility Documents, the extensions of credit under this Agreement, the payment and performance by the Borrower of the Obligations or the legality, validity, binding effect or enforceability of any of the Facility Documents, except that approval of the New York Insurance Department and/or one or more other state insurance departments would be required in order for the Lenders to acquire control of Navigators and NSIC. Neither the Borrower nor any Subsidiary is in default under or in violation of any foreign, federal, state or local law, rule, regulation, order, writ, judgment, injunction, decree or award binding upon or applicable to the Borrower or such Subsidiary, in each case the consequences of which default or violation could reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: actions. In other words, section 13 — 214(a) of the Code applied to plaintiffs decedent to the extent that he could have filed an action against defendants during his lifetime. In this case, plaintiffs decedent died on the same day that he sustained his injuries. Thus, it is evident that plaintiffs decedent had a claim that was not time-barred on the date of his death. Since plaintiff did not commence her wrongful death action within two years after her husband’s death, it was time-barred. We note that our view of the interplay between section 13 — 214(a) of the Co , 198-99 (1997) (same); O’Brien v. City of Chicago, 285 Ill. App. 3d 864, 870 (1996) (same). Plaintiff reasons that subsectio o., 177 Ill. App. 3d 373, 379 (1988) (same); LaSalle National Bank, 177 Ill. App. 3d at 473 (<HOLDING>). But see Antunes v. Sookhakitch, 181 Ill. App. Options: A. holding that the limitations period for 1983 actions arising in ohio is the twoyear period found in ohio rev code 230510 and that the limitations period starts to run when the plaintiff knows or has reason to know of the injury which is the basis of his action B. holding that the then twoyear statute of limitations for constructionrelated actions found in section 13 214a of the code applies over the fiveyear statute of limitations period for certain actions found in section 13 205 of the code C. holding that statute of limitations for contribution actions found in section 13 204 of the code applies over limitations period for malpractice actions found in section 13 212 of the code where the plaintiffs complaint was based solely on contribution act ill rev stat 1985 ch 70 par 301 et seq section 13 204 is more specific than section 13 212 D. holding that the limitations period in section 13 214a takes precedence over the limitations period for personal injuries found in section 13 202 of the code E. holding that limitations period in section 13 214a of the code applies over limitations period for contribution actions found in section 13 204 of the code because former provision is more specific

assistant: The best answer is E. holding that limitations period in section 13 214a of the code applies over limitations period for contribution actions found in section 13 204 of the code because former provision is more specific
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: Landlord and Tenant each represents and warrants that it has not dealt with any broker, agent or other person (collectively, “Broker”) in connection with the transaction reflected in this Sixth Amendment. Landlord and Tenant each hereby agrees to indemnify and hold the other harmless from and against any claims by any Broker claiming a commission or other form of compensation by virtue of having dealt with Tenant or Landlord, as applicable, with regard to this Sixth Amendment.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: without limitation , you ( and not any member of the viber group ) assume the entire cost of all necessary servicing , repair , or correction in the event of any such loss or damage arising therein .

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: All covenants, agreements, representations and warranties made by the Borrower herein and in the certificates, reports, notices or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the other Loan Documents and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid. The provisions of Section 2.19 , 2.18 , 2.19(c) , and 10.3 and Article IX shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “Plaintiff wants the defendant to pay him ... for the money she carelessly gave away without Plaintiffs authorization.... ” (Pl.’s Cpmpl., Relief at ¶ 1.) Thus, the court finds that Fayemi has sufficiently pleaded a § 1983 claim against Pucinski in her individual capacity. See McMurry, 927 F.Supp. at 1087-88 (finding that plaintiff properly pleaded an individual-capacity claim by alleging that defendant, Pucinski, knew for the problems but did nothing); Carroll v. Pucinski, No. 91 C 3210, 1992 WL 59126, at *2 (N.D.Ill. Mar. 16, 1992) (finding that Pucinski’s official position as Clerk is sufficient to permit an inference of personal involvement until such time as she comes forward and identifies those persons who failed to process plaintiffs papers). Cf. Farrar, 2000 WL 574682, at *4 (<HOLDING>). Accordingly, the court denies Pucinski’s Options: A. holding that to rebut presumption plaintiff need only allege specific facts not plead evidence B. holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government C. holding that even presuming that facts alleged in petition were true plaintiff did not allege a claim within the scope of the takings clause because it did not plead sufficient intent D. holding that plaintiff did not properly plead an individualcapacity claim because she did not allege that defendant pucinski entered the incorrect information herself E. holding that because the plaintiff did not allege facts indicating what specific medical information she provided to dps she failed to state a constitutional claim

assistant: The best answer is D. holding that plaintiff did not properly plead an individualcapacity claim because she did not allege that defendant pucinski entered the incorrect information herself
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the SDWA, regardless of whether it ever installs a filtration system. In essence, the water system’s compliance with the avoidance criteria makes the water safe from the EPA’s perspective — a point conceded by the United States at trial. We fail to see how accomplishment of the Act’s substantive goals is undermined by overlooking past violations of regulatory deadlines that have no bearing on the current or future purity of the water delivered to consumers. See Romero-Barcelo, 456 U.S. at 310, 102 S.Ct. 1798 (noting that purpose of injunctive relief is to deter future violations, not to punish past ones) (citing Hecht Co., 321 U.S. at 329-30, 64 S.Ct. 587); cf. Friends of the Earth v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 192, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) (<HOLDING>) (emphasis added). Moreover, given that the Options: A. holding that district court had discretion under clean water act to determine which form of relief is best suited in the particular case to abate current violations and deter future ones B. holding that adequate notice is a mandatory precondition of a clean water act citizen suit C. holding that district courts are without jurisdiction to review preenforcement orders issued under the clean water act D. holding that denial of permit under section 404 of the clean water act was a taking E. holding that the limitation act does not apply to claims brought under the clean water act

assistant: The best answer is A. holding that district court had discretion under clean water act to determine which form of relief is best suited in the particular case to abate current violations and deter future ones
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 Plan will be subject to approval by the shareholders of the Company within twelve (12) months after the date the Plan is adopted by the Board. Such shareholder approval will be obtained in the manner and to the degree required under Applicable Laws. The Plan shall become effective on the Effective Date, subject to approval of the shareholders of the Company as contemplated in the foregoing sentence. For the avoidance of doubt, the Board may not delegate its authority to approve the Plan pursuant to this Section 18.

assistant: Effective Dates
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 amended, before or after the adoption of this Agreement by the stockholders of the Company and Merger Sub only by an instrument making specific reference to this Agreement in writing signed on behalf of each of the parties; provided that, any amendment adopted after the adoption of this Agreement by the stockholders of the Company or Merger Sub shall not (1) alter or change the Per Share Amount of cash to be received by Securityholders, (2) alter or change any term of the certificate of incorporation of the Surviving Corporation as provided in Exhibit B or (3) alter or change any of the terms and conditions of this Agreement if such alteration or change would adversely affect the Securityholders.

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 representations and warranties of each Loan Party contained in the Credit Agreement as modified hereby are true and correct in all material respects (without duplication of any materiality qualifier contained therein) on and as of the date hereof as though made on and as of the date hereof, except to the extent that such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date.

assistant: Representations
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: his judgment and sentence, the State’s motion was unauthorized. The circuit court could not have treated the State’s motion as if filed pursuant to rule 3.800(b) because the State may file a rule 3.800(b) motion “only if the correction of the sentencing error would benefit the defendant or to correct a scrivener’s error.” See Fla. R.Crim. P. 3.800(b). The State commendably has conceded error. Therefore, the order of the circuit court granting the motion must be reversed. On remand, the circuit court should strike the State’s motion as unauthorized and should restore the rescinded credit. In any future proceedings seeking the vacation of the previously awarded jail credit, the State should consider the impact of this court’s opinion in Lebron v. State, 870 So.2d 165 (Fla. 2d DCA 2004) (<HOLDING>), and the opinion of the First District Court Options: A. holding that the statutory entitlement to presentence jail credit starts with the initial arrest for a criminal offense B. holding that a trial court may not rescind jail credit previously awarded even if the initial award was improper C. holding that a youth detention facility was a jail for purposes of statute requiring credit for time served in jail while awaiting trial D. holding that jail records can properly be considered in determining jail credit issues raised pursuant to rule 3800a E. holding defendant who received treatment in a state hospital was not entitled to jail credit for that time

assistant: The best answer is B. holding that a trial court may not rescind jail credit previously awarded even if the initial award was improper
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: following his trial. Under the circumstances presented, we see no reason to depart from the rule established in Patten. See Estelle, 420 U.S. at 542 (dismissal warranted when escaped convict is at large during ongoing appellate process); Allen v. Georgia, 166 U.S. 138, 140-41 (1897) (upholding state court’s dismissal of appeal of escaped prisoner and refusal to reinstate appeal against constitutional due process attack). Because the defendant elected to absent himself from the jurisdiction during the period of appeal, he forfeited the right to appellate review. See Molinaro v. New Jersey, 396 U.S. 365 (1970) (per curiam) (“[E]scape . . . disentitles the defendant to call upon the resources of the Court for determination of his claims.”); cf. State v. Brenes, 151 N.H. 11, 12 (2004) (<HOLDING>). There are no “equities pertaining to the Options: A. holding that a sentence to a term of imprisonment ten years greater than the applicable maximum affected the defendants substantial rights B. holding defendant culpable for the natural and probable consequence of his conduct C. holding destruction of trial transcript pursuant to court rule ten years after defendants escape disadvantaged defendant due to his own culpable misconduct D. holding appellants deposition testimony that he believed his oral contract would exist for another eight to ten years was unenforceable pursuant to statute of frauds E. holding that arbitrators failure to disclose his prior business dealings with defendant some twenty years earlier did not amount to misconduct

assistant: The best answer is C. holding destruction of trial transcript pursuant to court rule ten years after defendants escape disadvantaged defendant due to his own culpable 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: 8.1 Each party to this agreement shall execute and deliver such other documents and do such other acts and things as may be necessary or desirable to give effect to the terms and provisions of this agreement. This may include the return and/or distraction of documents, information, files, emails and the like that came to be in his/her possession during his/her tenure as a Board- and/or Committee member, upon resignation or removal from such a position.

assistant: No
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: whether any particular class member gave Honda his or her cellphone number “during the transaction that resulted in the debt owed” would require careful review of Honda’s individual records on a member-by-member basis. In other words, Honda argues that the Court would be required to engage in a class-member-specific inquiry to determine whether each recipient consented to receiving calls on their cellphone. This, according to Honda, would result in individualized questions predominating over common questions of law or fact. There is a split of opinion in TCPA cases on whether issues of individualized consent predominate over common questions of law or fact so as to prevent class certification. Compare, e.g., Gene & Gene L.L.C. v. Bio-Pay, L.L.C., 541 F.3d 318, 326-29 (5th Cir. 2008) (<HOLDING>); G.M. Sign, Inc. v. Brink’s Mfg. Co., No. 09 C Options: A. holding that the mere existence of individualized factual questions with respect to the class representatives claim will not bar class certification B. holding that district court abused its discretion in certifying class in light of the individ ual calculation of damages that is required C. holding that district court abused its discretion in certifying class because the individualized issue of whether fax advertisements were transmitted without the prior express invitation or permission of each recipient prevented plaintiff from advancing any viable theory employing generalized proof concerning the lack of consent with respect to the class which leads to the conclusion that myriad minitrials cannot be avoided D. holding that the district court abused its discretion by decertifying the class without permitting class counsel reasonable time to determine whether a new class representative could be substituted E. holding that the district court did not abuse its discretion in certifying the class but suggesting that prior to trial the district court ensure that appropriate subclasses are identified

assistant: The best answer is C. holding that district court abused its discretion in certifying class because the individualized issue of whether fax advertisements were transmitted without the prior express invitation or permission of each recipient prevented plaintiff from advancing any viable theory employing generalized proof concerning the lack of consent with respect to the class which leads to the conclusion that myriad minitrials cannot be avoided
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: Within ten (10) business days of the occurrence of any event which would trigger a milestone payment according to Section or 7.4, shall inform of such occurrence. The corresponding payment shall be due thirty (30) days after the occurrence of such event.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and the prosecutor, the Court finds, one, there is a factual basis for the entry of the plea[.]” We conclude that the summary of the facts presented by the prosecutor and Defendant’s stipulations are sufficient to establish a factual basis for Defendant’s guilty plea. Specifically, the prosecutor’s statements that the victim “is 80 years of age” and “is crippled in her knees with arthritis and requires a crutch to walk” and that Defendant “told his mother that he would kill her and cut her heart out[,]” “grabbed the victim[,]” and “slung her across the room twice and then hit her with her crutch” provided a sufficient factual basis to support Defendant’s guilty plea. See N.C. Gen. Stat. § 14-32.1(a) & (e); see also State v. May, 159 N.C. App. 159, 166, 583 S.E.2d 302, 306 (2003) (<HOLDING>). Accordingly, we conclude this argument has no Options: A. holding that right to challenge factual basis is waived by guilty plea B. holding that district court abused discretion in denying motion to withdraw plea based on intervening supreme court decision that may have rendered factual basis of plea insufficient C. holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed D. holding that although defendant is not entitled to appeal from his guilty plea as a matter of right his arguments challenging the factual basis for his guilty plea are reviewable pursuant to a petition for writ of certiorari E. holding that district court properly considered a police report that the defendant had stipulated contained a factual basis for his plea

assistant: The best answer is C. holding that based on the facts presented by the state and the defendants stipulation to the existence of a factual basis for his plea the court properly determined a factual basis for the plea existed
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: remove , circumvent , disable , damage or otherwise interfere with any features of the service , or attempt to gain unauthorized access to any portion of the service through any means , or interfere with , corrupt , or disrupt the operation or performance of the service or the ability of any other person to use the service , including , without limitation , transmitting content that contain any viruses , worms , trojan horses , or other destructive items or harmful codes , or placing excessive load on the servers , or attempting to degrade the performance of the servers in any way ;

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: Any and all controversies, claims, or disputes with anyone under this Agreement (including the Company and any employee, officer, director, stockholder or benefit plan of the Company in their capacity as such or otherwise) arising out of, relating to, or resulting from Executive’s employment with the Company, shall be subject and be fully and finally resolved by binding arbitration, (ii) you hereby are waiving any and all rights to a jury trial but all other court remedies will be available in arbitration, (iii) all such disputes and claims shall be resolved by a neutral arbitrator who shall issue a written opinion, (iv) the arbitration shall provide for adequate discovery, and (v) the Company shall pay all the arbitration fees, except an amount equal to the filing fees you would have paid had you filed a complaint in a court of law.

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: as does the APA, to those agencies housed within the executive branch of state government that have been empowered by the Legislature to implement legislation, promulgate rules and adjudicate disputes. The Legislature, as the governmental body responsible for creating such agencies by statute and for enacting the laws these agencies are authorized to administer, is therefore excluded from any usual definition of state administrative agency. We know of no authority holding otherwise and appellant points to none. To the contrary, agencies whose actions have been held to be reviewable in the first instance by the Appellate Division are those located within the principal departments in the executive branch of state government. See, e.g., Prado, supra, 186 N.J. at 422-23, 895 A.2d 1154 (<HOLDING>); In re Hartz/Damascus Bakery, Inc., 404 Options: A. holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending B. holding that a determination of a new jersey spill compensation fund arbitrator is reviewable by the appellate division C. holding that appeal from a decision of the attorney general denying legal representation was before the appellate division as of right to review the final decision of a state officer D. holding that reconsideration of the correctness of property division was barred on appeal from the judgment enforcing that division E. holding res judicata applied to improper property division before holding parties were bound by their division agreement

assistant: The best answer is A. holding that the attorney generals decision not to provide representation to an employee is reviewable by the appellate division not by the law division where the actions against the employee are pending
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 362 U.S. 143 80 S.Ct. 527 4 L.Ed.2d 612 Calvin SUBLETTv.ADAMS, Warden. No. 406 Misc. March 7, 1960. Calvin Sublett, pro se. Messrs. W. W. Barron, Atty. Gen. of West Virginia, and Fred H. Caplan, Asst. Atty. Gen., for respondent. PER CURIAM. 1 The motion to proceed in forma pauperis and the petition for writ of certiorari are granted. Petitioner filed a petition for a writ of habeas corpus in the Supreme Court of Appeals of West Virginia. Petitioner charged that he was being held in prison without lawful authority and in violation of due process of law under the Fourteenth Amendment. The West Virginia Supreme Court of Appeals refused the writ without either a hearing or a response from the State. 2 We hold that the facts alleged are such as to entitle petitioner to a hearing under Commonwealth of Pennsylvania ex rel. Herman v. Claudy, 350 U.S. 116, 76 S.Ct. 223, 100 L.Ed. 126. The judgment is vacated and the case remanded to the Supreme Court of Appeals of West Virginia for proceedings not inconsistent with this opinion. 3 The CHIEF JUSTICE took no part in the consideration or decision of this case.

assistant: 4
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and were in any event rescinded before they were enforced; and the last was a prudent precaution for this employer in these circumstances. Kader has demonstrated that an uneasy and stressful environment existed, but he has adduced no evidence to support an inference that his employer intentionally created an intolerable workplace. Kader’s showing is therefore insufficient as a matter of law: a claim.of constructive discharge must be dismissed as a matter of law unless the evidence is sufficient to permit a rational trier of fact to infer that the employer deliberately created working conditions that were “so difficult or unpleasant that a reasonable person in the employee’s shoes would have felt compelled to resign.” Stetson, 995 F.2d at 361 (citations and internal quotations omitted) (<HOLDING>). See also Martin v. Citibank, N.A., 762 F.2d Options: A. holding defendants belief that his work was unfairly criticized is not sufficient for constructive discharge B. holding the claim of constructive discharge does not accrue until an employee resigns C. recognizing that a constructive discharge claim and a hostile work environment claim are not equivalent because a constructive discharge claim imposes a higher standard D. holding that employee must prove that the sole reason for their discharge was their filing of a workers compensation claim to prevail on a claim of wrongful discharge under marylands workers compensation act E. holding no claim for constructive discharge where employee was dissatisfied with his compensation assignments and criticisms of his work but rank and salary were never reduced

assistant: The best answer is E. holding no claim for constructive discharge where employee was dissatisfied with his compensation assignments and criticisms of his work but rank and salary were never reduced
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral. This Agreement may be amended or modified only with the written consent of Executive and the Board of Directors of Company. No oral waiver, amendment or modification will be effective under any circumstances whatsoever.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the requisite intent. The credibility of the evidence and whether in fact defendant did or did not possess the requisite intent is for the jury to decide. Id. Here, unlike in Barlowe, no conflicting evidence was offered as to defendant’s intent to commit a felony, in this case, first degree burglary, upon entering the home. “The intent to commit the felony must be present at the time of entrance, and this can but need not be inferred from the defendant’s subsequent actions.” State v. Montgomery, 341 N.C. 553, 566, 461 S.E.2d 732, 739 (1995). The State presented clear evidence of each element of the crime, including defendant’s intent, as evidenced by defendant’s subsequent actions in attempting to cash Charles Patterson’s check. See Montgomery, 341 N.C. at 568, 461 S.E.2d at 740 (<HOLDING>). As the State’s evidence was sufficient to Options: A. holding that the states evidence that defendant stole money from a purse after he entered the apartment was substantial evidence that he had the intent to commit larceny when he entered the apartment and finding no error in the trial courts failure to submit the lesserincluded offense of misdemeanor breaking and entering to the jury B. holding that statements by defendant and apartment manager that defendant lived in the apartment where drugs were found demonstrated his control over the apartment even though no documents personal effects or keys were found C. holding that it was error to direct entry of a conviction for a permissive lesserincluded offense based on the fact that it was supported by the evidence because the greater crime was not charged in a manner that encompassed the intent element of the permissive lesserincluded offense and the jury did not make a finding regarding that intent element D. holding that conviction for a crime that required breaking and entering also required the state to prove that defendant had actually entered the premises E. recognizing common law grand larceny as separate and distinct from the statutory offense of breaking and entering with intent to steal

assistant: The best answer is A. holding that the states evidence that defendant stole money from a purse after he entered the apartment was substantial evidence that he had the intent to commit larceny when he entered the apartment and finding no error in the trial courts failure to submit the lesserincluded offense of misdemeanor breaking and entering to the jury
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: could refer the matter back to the bankruptcy court for further proceedings. See id. In accordance with the First Circuit’s ruling, this Court will fash ion a remedy, if any is appropriate, in light of the contempt powers of the bankruptcy court, as the First Circuit so directed. An analysis of the rulings of the other circuits is not necessary to resolve the message emanating from the First Circuit. See, e.g., Walls v. Wells Fargo Bank, N.A., 276 F.3d 502, 507 (9th Cir.2002) (“Contempt is the appropriate remedy and no further remedy is necessary.”); Cox v. Zale Delaware, Inc., 239 F.3d 910, 917 (7th Cir.2001) (“[A] suit for violation of section 524(c) can be brought only as a contempt action under section 524(a)(2).”); Pertuso v. Ford Motor Credit Co., 233 F.3d 417, 425 (6th Cir.2000) (<HOLDING>). This case was remanded to this Court for Options: A. holding that section 105 does not afford a private cause of action for 506bbased issues B. holding fourth fifth and fourteenth amendment violations stemming from dea search cannot be remedied through ftca because state law cannot create liability for violation of federal constitutional rights C. holding that no private cause of action exists under 105 for 524 violations D. holding that violations of 524 cannot be remedied pursuant to 105 E. holding that no private cause of action exists under 105 for fed r bankrp 2016 violations

assistant: The best answer is D. holding that violations of 524 cannot be remedied pursuant to 105
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 hereby indemnifies each of the Lenders against any loss or expense (including any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain a LIBOR Rate Loan or from fees payable to terminate the deposits from which such funds were obtained) which may arise or be attributable to each Lender’s obtaining, liquidating or employing deposits or other funds acquired to effect, fund or maintain any Loan (a) as a consequence of any failure by the Borrower to make any payment when due of any amount due hereunder in connection with a LIBOR Rate Loan, (b) due to any failure of the Borrower to borrow, continue or convert on a date specified therefor in a Notice of Borrowing or Notice of Conversion/Continuation or (c) due to any payment, prepayment or conversion of any LIBOR Rate Loan on a date other than the last day of the Interest Period therefor. The amount of such loss or expense shall be determined, in the applicable Lender’s sole discretion, based upon the assumption that such Lender funded its Commitment Percentage of the LIBOR Rate Loans in the London interbank market and using any reasonable attribution or averaging methods which such Lender deems appropriate and practical. A certificate of such Lender setting forth the basis for determining such amount or amounts necessary to compensate such Lender shall be forwarded to the Borrower through the Administrative Agent and shall be conclusively presumed to be correct save for manifest error. The Loan Parties’ obligations under this Section 3.9 shall survive the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations.

assistant: Indemnity
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: No modification, consent, amendment or waiver of any provision of this Agreement, nor consent to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by an officer of Lender, and then shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on Borrower in any case shall, of itself, entitle Borrower to any other or further notice or demand in similar or other circumstances. No delay or omission by Lender in exercising any power or right hereunder shall impair any such right or power or be construed as a waiver thereof or any acquiescence therein, nor shall any single or partial exercise of any such power preclude other or further exercise thereof, or the exercise of any other right or power hereunder. All rights and remedies of Lender hereunder are cumulative of each other and of every other right or remedy which Lender may otherwise have at law or in equity or under any other contract or document, and the exercise of one or more rights or remedies shall not prejudice or impair the concurrent or subsequent exercise of other rights or remedies. All accounting terms not specifically defined herein shall be construed in accordance with GAAP on the basis used by Borrower in prior years. This Agreement is binding upon Borrower, its successors and assigns, and inures to the benefit of Lender, its successors and assigns; provided, however, that Borrower may not assign its rights or obligations hereunder without Lender’s prior written consent.

assistant: Miscellaneous
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 where preempted by federal law, the validity, interpretation, construction, and performance of this non-interference agreement is governed by and is to be construed under the laws of the state of California applicable to agreements made and to be performed in that state, without regard to conflict of laws rules.

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 case excerpt and choose the best holding from the options. Case excerpt: before it was in assumpsit for attorney fees purposes. See Schulz, 67 Haw. at 436, 690 P.2d at 282. Although Higa is not directly on point, its reasoning is a compelling indication of how the Hawaii Supreme Court would rule on the attorney fee question before us. The plaintiffs also seek to distinguish Higa because it involved a client suing his own attorney, and thus in that case there was privity of contract between the two parties. In the present case, Mrs. Helfand was a third-party beneficiary to the contract between the defendants and Mr. Helfand. This distinction is irrelevant. Courts have extended the right to sue for breach of contract to intended third-party beneficiaries. See, e.g., Dawes v. First Ins. Co. of Hawai'i, 77 Hawai'i 117, 128 n. 12, 883 P.2d 38, 48 n. 12 (1994) (<HOLDING>); Hunt v. First Insurance Co. of Hawaii, 82 Options: A. holding that thirdparty claimants are intended beneficiaries under optional automobile liability insurance policies B. recognizing common law cause of action as thirdparty beneficiary C. holding that the shareholders were not thirdparty beneficiaries because they were not directly benefited by the contract between the government and the thrifts D. recognizing noncontracting parties rights as thirdparty beneficiaries of an insurance contract E. holding that shareholders lack standing to sue as thirdparty beneficiaries to allegedly breached contract unless the contract indicates the intent to benefit them directly independently of their shareholder status

assistant: The best answer is D. recognizing noncontracting parties rights as thirdparty beneficiaries of an insurance contract