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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we will use the child 's e-mail address only for the purpose for which it was collected , and we will use the e-mail address of the parent ( s ) or guardian ( s ) only to provide notification about the child 's contact with us , and to provide notification of the types and uses of personal data collected , if and as required by law .

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: Insurance's counsel stated at oral argument that this finding was erroneous, and that, in fact, Cincinnati Insurance had adopted the affirmative defenses of the defendants in the underlying case, not those asserted by Continental Casualty. The record supports counsel's statement and counsel for the circuit court conceded as much at oral argument. See Third-party Defendant Cincinnati Insurance Company's Answer and Affirmative Defenses at 5. 16 The Carkel decision took guidance from Black's Law Dictionary, which defined parties as united in interest "when they are similarly interested in and will be similarly affected by the determination of the issues involved in the action." Carkel, 141 Wis. 2d at 267. 17 Cf. Miller Brewing Co. v. LIRC, 173 Wis. 2d 700, 722, 495 N.W.2d 660 (1993) (<HOLDING>). 18 See SCR 20:1,7(a), governing conflict of Options: A. holding that the right to recover a particular measure of damages in a workers compensation case is fixed as of the date of injury B. holding claims for negligent procurement of insurance accrued on date the insured purchased the insurance policies C. holding that the interests of two insurance companies were adverse under wis stat 102231a 19891990 relating to workers compensation when the respective liability of the two insurance companies depends on the determination of the date of injury D. holding that the proceeds of a liability insurance policy were not property of the estate E. holding that a law which regulates what terms insurance companies can place in their policies regulates insurance companies

assistant: The best answer is C. holding that the interests of two insurance companies were adverse under wis stat 102231a 19891990 relating to workers compensation when the respective liability of the two insurance companies depends on the determination of the date of injury
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: on which Kalfus relies, warrants no different conclusion under New York law because the free speech claim there at issue concerned a public university’s exclusion of a former student from a “publicly owned and maintained” campus that was “open to the public.” Id. at 410-11, 477 N.Y.S.2d at 115, 465 N.E.2d 831 (internal quotation marks omitted). Thus, Leonard provides no support either for Kalfus’ contention that free speech and press protections extend to private property, such as the hospital steps here at issue, or for his argument that New York law affords more expansive free speech and press protections for activities on private property than the federal Constitution. See SHAD Alliance v. Smith Haven Mall, 66 N.Y.2d 496, 505-06, 498 N.Y.S.2d 99, 105-06, 488 N.E.2d 1211 (1985) (<HOLDING>); accord Downs v. Town of Guilderland, 70 Options: A. recognizing defendants state and federal constitutional rights to testify B. holding that if there is a collision between prior adjudicated rights and reserved rights of the united states the federal question can be preserved in the state decision and brought here for review C. holding that state rights are equivalent to federal rights in this area D. holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel E. holding that it is well settled that while one tenant in common may acquire homestead rights in the common property the rights so acquired are not superior to the rights and remedies of the other joint owners he can acquire no such rights as will prejudice or in anywise interfere with the rights of the other tenants in common

assistant: The best answer is C. holding that state rights are equivalent to federal rights in this area
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: Your base salary (the “ Base Salary ”) shall be at an annualized rate of Four Hundred Two Thousand Five Hundred Dollars ($402,500.00) and shall be paid in accordance with the Company’s regular payroll practices in effect from time to time.

assistant: Base Salary
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 agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.

assistant: Specific Performance
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 authorized capital stock of Purchaser consists of 5,000,000 shares of preferred stock, par value $0.001 per share, and 75,000,000 shares of common stock, par value $0.001 per share. As of the date of this APA, 1,515,000 shares of Series A Preferred Stock are issued and outstanding and approximately 66,548,517 shares of common stock (or CannaSys Stock) are issued and outstanding. The issued and outstanding shares of preferred stock and common stock are validly issued, fully paid, nonassessable, and subject to no restrictions on transfer other than Securities Act restrictions applicable to restricted securities. There are no treasury shares. Purchaser is in the process of amending its articles of incorporation to recapitalize the company by causing a reverse-split of its current issued and outstanding shares of common stock and to increase its authorized shares of common stock to enable Purchaser to issue and deliver the CannaSys Stock required under the terms of this APA.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: counsel of record and any unrepresented party, and DIRECTS the Clerk to post this published opinion at http://www.wvs0Luscourts.gov. 1 . The relevant April, 2001 phone book contained a listing for Linda and Michael Bue-chler at “215 Woodbridge Drive.” The June, 2001 Charleston, West Virginia Polk city directory listed her address as both “917 Echo Road,” and “215 Woodbridge Drive.” Despite the fact that these listings gave outdated addresses, Ms. Plemons asserts that t , 866-67 (1996) (concluding that upon return of the notice, appellee was on notice that appellants might not live at the address in question and holding that appellee should have made contact with the mortgagees identified in the mortgage contained in the chain of title); Kester v. Ives, 960 P.2d 865 (Okla.Ct.App.1998) (<HOLDING>); L. Brayton Foundry Bldg., Inc. v. Santilli, Options: A. holding that where no attempts were made to contact the tenants of the subject property the attempt to give notice to kester was not reasonably calculated to apprise him of the action to be taken against his property B. holding that only courts in the county where property was situated had jurisdiction to hear an action concerning the property C. holding that when a husband first acquired property and then conveyed it to his wife they could not hold the property as tenants by the entirety or joint tenants because the four unities did not coincide so the deed created a tenancy in common with a right of survivorship D. holding that regardless of whether the property was held as tenants in common or by the entirety the husband was entitled to hold property as a homestead E. holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien

assistant: The best answer is A. holding that where no attempts were made to contact the tenants of the subject property the attempt to give notice to kester was not reasonably calculated to apprise him of the action to be taken against his property
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 (including Exhibit A) together with any understandings or modifications thereof as agreed to in writing by the parties, will constitute the entire agreement between the parties hereto regarding the subject matter of Executive’s employment with the Company.

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: a “combination of imprisonment, fines, and restitution most likely to further rehabilitative and deterrent goals” could be compromised, if such judgments were subject to discharge in bankruptcy. Id. at 49, 107 S.Ct. at 360, 93 L.Ed.2d at 228. Thus, the Court held that the Bankruptcy Code did not act to discharge restitution obligations payable to a governmental entity and imposed in a state criminal proceeding. Id. at 52, 107 S.Ct. at 362, 93 L.Ed.2d at 230. Several courts interpreting Kelly and Section 523(a)(7) of the Bankruptcy Code have held that an order of criminal restitution payable to a governmental entity is exempt from discharge in bankruptcy. See Thompson v. Commonwealth, 16 F.3d 576, 577 (4th Cir.1994), cert. denied, 512 U.S. 1221, 114 S.Ct. 2709, 129 L.Ed.2d 836 (1994) (<HOLDING>); U.S. v. Vetter, 895 F.2d 456, 459 (8th Options: A. holding that because the restitution was ordered as part of a state criminal prosecution it was excepted from discharge in bankruptcy B. holding that civil settlements have no bearing on decisions of criminal punishment and imposition of a restitution order is a form of punishment and part of a criminal sentence C. holding that any condition a state criminal court imposes as part of a criminal sentence is not dischargeable in bankruptcy D. holding that final judgment in a criminal case means sentence E. holding that action under 4701a is a criminal case because trial court functions in its capacity as a criminal magistrate

assistant: The best answer is C. holding that any condition a state criminal court imposes as part of a criminal sentence is not dischargeable in bankruptcy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Employee specifically acknowledges that the Confidential Information, whether reduced to writing or maintained electronically or in the mind or memory of Employee and, whether compiled by a Banking Organization and/or the Employee, derives independent economic value from not being readily known to or ascertainable by proper means by others who can obtain economic value from its disclosure or use, that reasonable efforts have been put forth by each Banking Organization to maintain the secrecy of such information, that such information is the sole property of such Banking Organization and that any retention and/or use of such information during or after Employee’s employment with either Financial Institution (except in the course of performing the Employee’s duties of employment with a Financial Institution and except as otherwise set forth above) constitutes a misappropriation of a Banking Organization’s Confidential Information. Employee agrees that all Confidential Information and all records, documents and materials relating to all Confidential Information (including all copies thereof) shall be and remain the sole and exclusive property of a Banking Organization, and upon Employee’s termination of employment, all such Confidential Information, whether in paper or electronic form, shall be returned to a Financial Institution in good condition, without Employee retaining a copy thereof, including, but not limited to, retaining an electronic copy on any electronic device regardless of whether such device is owned by Employee.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you use a service , feature , or functionality that is operated by a third party and made available through our services ( including services we jointly offer with the third party ) , each party 's terms will govern the respective party 's relationship with you .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing and shall be delivered or sent, with the copies indicated, by personal delivery, telefax or overnight delivery service to the parties at the addresses set forth on the first page of this Agreement (or at such other address as a party may specify by notice given pursuant to this Section). All notices shall be deemed given and received two business days after their delivery to the addresses for the respective party(ies), with the copies indicated, as provided in this Section.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is a party have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person’s Organization Documents; (b) conflict with or result in any breach or contravention of, or the creation of any Lien under, or require any payment to be made under (i) any Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries or (ii) any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; or (c) violate any Law, except in each case referred to in clause (b) or (c) hereof, to the extent the same could not reasonably be expected to have a Material Adverse Effect.

assistant: Authorizations
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 illegality or unenforceability in any jurisdiction of any provision hereof or of any document required hereunder shall not in any way affect or impair the legality or enforceability of the remaining provisions of this Agreement or such other document in such jurisdiction or such provision in any other jurisdiction.

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 case excerpt and choose the best holding from the options. Case excerpt: 54 L.Ed.2d 648 (1978). With this caveat in mind and after careful review of the record, we conclude the trial court did not abuse its discretion in impliedly ruling that the plaintiffs’ claims were not frivolous, unreasonable, without foundation, groundless, or brought in bad faith or for the purpose of harassment. All defendants initially argued the plaintiffs’ antitrust claims were frivolous, unreasonable, without foundation, and brought in bad faith based on the immunity provided by HCQIA and TMPA. But, not all of the plaintiffs’ claims relied upon actions allegedly taken in the context of a peer review or medical committee; therefore, any immunity under HCQIA and TMPA did not entirely shield the defendants from liability. See Austin v. McNamara, 979 F.2d 728, 738 (9th Cir.1992) (<HOLDING>); Jeung, 264 F.Supp.2d at 574 (holding that Options: A. holding that evidence of other allegations of torture was inadmissible in part because it was not similar to the allegations made by defendant B. holding that allegations of refusal to provide coverage and that other physicians openly attacked plaintiffdoctors before nurses and in neurosurgical group meetings cannot be brought within hcqias immunity C. holding that none of the physicians insurers had a duty to provide coverage since the effects of the negligence first manifested themselves prior to the coverage periods of any of the three policies D. holding that a bivens claim cannot be brought against a federal agency E. holding that issue not raised in first appeal cannot be attacked in later appeal

assistant: The best answer is B. holding that allegations of refusal to provide coverage and that other physicians openly attacked plaintiffdoctors before nurses and in neurosurgical group meetings cannot be brought within hcqias immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Aggregate Commitments are increased in accordance with this Section, the Administrative Agent and the Borrower shall determine the effective date (the “ Increase Effective Date ”) and the final allocation of such increase. The Administrative Agent shall promptly notify the Borrower and the Lenders of the final allocation of such increase and the Increase Effective Date.

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 case excerpt and choose the best holding from the options. Case excerpt: for confirmation and enforcement by district courts under the FAA”). In Yasuda, the panel’s order was deemed a reviewable “final award” even though it was a “preliminary procedural rulin[g]” that was “announced by the arbitrators at an organizational meeting with counsel for [the parties] before the arbitration ha[d] actually begun.” Yasuda Fire & Marine Ins. Co. of Europe v. Continental Casualty Co., 840 F.Supp. 578, 579 (N.D.Ill.1993) (emphasis in original), aff'd, 37 F.3d 345 (7th Cir.1994). The Second Circuit has not squarely addressed the question of whether an arbitrator’s interim order mandating prejudgment security is reviewable under the FAA. It has, however, affirme ors, Inc., No. 96 Civ. 9707, 1997 WL 77371 F.Supp. 901, 909 (S.D.N.Y.1982), aff'd, 689 F.2d 301 (2d Cir.1982) (<HOLDING>); see also Meadows Indem. Co., Ltd. v. Options: A. holding that bankruptcy courts order was final where is was labeled as a final judgment and was clearly intended to serve as denial of relief sought the order determined the substantive rights at issue there was no indication in the record that the court intended to take further action and no party argued that any further action by the court was to occur B. holding that an order pending divorce is not a final judgment that creates a right of appeal C. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence D. holding that arbitrators order directing defendant to place a letter of credit in escrow pending a final determination of the parties contentions was a final award on a clearly severable issue that was clearly subject to confirmation E. holding that arbitration panels order requiring defendant to post an interim letter of credit was reviewable award under the faa

assistant: The best answer is D. holding that arbitrators order directing defendant to place a letter of credit in escrow pending a final determination of the parties contentions was a final award on a clearly severable issue that was clearly subject to confirmation
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: Harline’s sole claim in these proceedings is that Vlahos’ initial failure to list assets that Harline disclosed to the firm caused Harline’s denial of discharge. However, “[d]emonstrating material issues of fact with respect to defendants’ negligence is not sufficient to preclude summary judgment if there is no evidence that establishes a direct causal connection between that alleged negligence and the injury.” Mitchell, 697 P.2d at 245. Under the doctrine of issue preclusion, the bankruptcy court’s finding that Harline acted with fraudulent intent despite his reliance on Vlahos is binding. That finding defeats the causation element of Harline’s negligence claim against Vlahos, thereby defeating the malpractice claim. See Lane v. Sullivan, 900 F.2d 1247, 1250-51 & n. 5 (8th Cir.) (<HOLDING>), cert. denied, 498 U.S. 847, 111 S.Ct. 134, Options: A. holding transfer restriction granted right of first refusal in event of voluntary or involuntary transfer of stock B. holding that earlier judgment that plaintiffs understood a stock transfer precluded malpractice claim against attorney for misrepresenting or failing to represent true nature of transfer C. holding that transfer was proper remedy for improper venue even though the issue of transfer was not raised until the motion hearing in circuit court D. holding stock transfer restriction in corporate bylaws did not prevent levy against and sale of stock by third party in order to pay judgment E. holding that the failure to condition a transfer on death or remarriage of the wife was a factor showing that the transfer was not in the nature of alimony

assistant: The best answer is B. holding that earlier judgment that plaintiffs understood a stock transfer precluded malpractice claim against attorney for misrepresenting or failing to represent true nature of transfer
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: California state prisoner Santos L. Reyes (“Reyes”) appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition challenging his sent 1179, 1185-90, 155 L.Ed.2d 108 (2003) (<HOLDING>). The district court therefore properly denied Options: A. holding that the due process clause of the fourteenth amendment incorporates the eighth amendments guarantee against cruel and unusual punishment B. holding that a sentence of 25 years to life imposed for felony grand theft under californias threestrikes law did not violate the eighth amendment C. holding that 25 years to life sentence under the california three strikes law did not violate the eighth amendments prohibition on cruel and unusual punishment D. holding that an effective life sentence of fortyfive years for seconddegree forgery was excessive and that a life sentence was cruel and unusual in violation of the eighth amendment E. holding that the imposition of a true life sentence on two fourteenyearold offenders for committing the crime of rape was violative of the eighth amendment prohibition on cruel and unusual punishment

assistant: The best answer is C. holding that 25 years to life sentence under the california three strikes law did not violate the eighth amendments prohibition on cruel and unusual punishment
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 tape to be introduced or incorporated. We also observe that in objecting to the trial court's findings, Bowker did not cite to the tape. Nor does Bowker cite to the tape on appeal for support of her argument pertaining to the Miranda issue. Thus, while the dissent bases its argument chiefly on this tape, throughout the trial and appellate proceedings, it played no part in the issue of whether Bowker was free to leave or whether she was restrained at the time she made the statements that she sought to suppress. Since Bowker failed to introduce the tape at the hearing on the motion to suppress statements or have it incorporated into those proceedings, any consideration of the content of the tape is waived on appeal. See Berdahl v. Gillis, 81 S.D. 436, 136 N.W.2d 633, 635 (S.D.1965) (<HOLDING>). As an appellate court, we are confined to the Options: A. holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal B. holding that a letter utilized by the appellant in his argument would not be considered on appeal because it was not properly before the trial court C. holding that errors not raised before the trial court will not generally be considered on appeal D. holding that a claim not raised before the trial court will not be considered for the first time on appeal E. holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it

assistant: The best answer is B. holding that a letter utilized by the appellant in his argument would not be considered on appeal because it was not properly before the trial court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with this Agreement, as well as all transactions and covenants contemplated by this Agreement, each party hereto agrees to execute and deliver or cause to be executed and delivered such additional documents and instruments and to perform or cause to be performed such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions and conditions of this Agreement and all such transactions and covenants contemplated by this Agreement.

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: Borrower shall use the proceeds of the Loan to (a) acquire the Property and/or repay and discharge any existing loans relating to the Property, (b) pay all past-due Basic Carrying Costs, if any, in respect of the Property, (c) deposit the Reserve Funds, (d) pay costs and expenses incurred in connection with the closing of the Loan, as approved by Lender, (e) fund any working capital requirements of the Property, as approved by Lender, and (f) distribute the balance of the proceeds, if any, to Borrower for further application pursuant to the terms and provisions of the Organizational Documents of Borrower.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: despite the fact that Bill did not owe her anything at the time of the divorce, he had bound himself to a contract to pay her a portion of his military retirement. Parol evidence was not necessary for the trial court’s determination. But, we also agree with Clarissa’s contention that the common understanding .of “accrued” is not “vested.” She claims that it is commonly understood that retirement accrues, or adds up, as time goes forward, and that is a reasonable and honest interpretation. We further agree that Bill’s interpretation would render the paragraph meaningless. If Bill’s interpretation had prevailed, the paragraph would have simply stated that Clarissa would not receive any of Bill’s military-retirement pay. See Cont’l Cas. Co. v. Davison, 250 Ark. 35, 463 S.W.2d 652 (1971) (<HOLDING>). We also agree with Clarissa’s reasoning that Options: A. holding that a contract should be read to give reasonable meaning to all provisions of that contract B. holding that if the contract can be given a definite and certain meaning or interpretation the contract is not ambiguous and will be construed by the court as a matter of law C. holding that contracts should be interpreted to give effect to all provisions D. holding that construction that neutralizes any provision of a contract should not be adopted if the contract can be construed to give effect to all provisions E. recognizing that a contract is to be construed to give reasonable effect to each of its provisions

assistant: The best answer is D. holding that construction that neutralizes any provision of a contract should not be adopted if the contract can be construed to give effect to all provisions
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: rather than substantial changes to the nature of the work performed, our precedent and that of our sister circuits hold that the Axman defense is unavailable. In Consolidated Airborne, this court’s predecessor was presented with the question of whether changing only the quantity of goods purchased from the original contract to the resale contract made the contract so materially different that the original contractor could not be liable for the difference in the per unit costs of the goods. Consol. Airborne, 348 F.2d at 947-48. The Court of Claims held that changing the quantity of goods purchased did not suffice to establish a complete bar under Axman. Id. at 948. The Eighth Circuit held to similar effect in American Surety Co. v. United States, 317 F.2d 652, 656-57 (8th Cir.1963) (<HOLDING>). In Doehler Metal Furniture Co. v. United Options: A. holding in conflict of laws analysis that it was proper to apply the law of the state of washington as to the measure of damages which involved the substantive rights of the parties B. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach C. holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure D. holding that changes in the quantity of units and the timing of delivery did not bar the government from using the resale contract as the measure of damages E. holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages

assistant: The best answer is D. holding that changes in the quantity of units and the timing of delivery did not bar the government from using the resale contract as the measure of damages
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: • software viruses , trojan horses , worms , vandals , spyware and any other malicious applications or any other similar software or programs that may damage the operation of the services ;

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: area. While the annexation petition was pending, the General Assembly enacted § 31 — 12—118(2)(b), C.R.S.2003, which was effective immediately and required certain annexation proceedings to be held in abeyance. The trial court determined that the plain language of the revised statute applied to the pending suit. The G'i'eenwood Village court held that the trial court was correct in doing so and that it must proceed to apply the provisions contained in the revised statute. See Perry v. City of Denver, 27 Colo. 93, 59 P. 747 (1899)(pending annexations are subject to additional procedures of statutes enacted by the General Assembly after initiation of the pending but as yet uncompleted annexation); see also Gen. Tel. Co. v. Johnson, 103 Ill.2d 363, 83 Ill.Dec. 133, 469 N.E.2d 1067 (1984)(<HOLDING>); Schlenz v. Castle, 84 Ill.2d 196, 49 Ill.Dec. Options: A. holding legislatures intent to change tax liability retroactively was permissive exercise of legislative power B. holding that a statute which used the term applies retroactively demonstrated a legislative intent to negate section 302 C. holding that absent clear legislative intent court will not apply statute retroactively even when it creates new remedy D. holding statutes are not applied retroactively absent clear legislative intent E. holding change of word shall to may prior to bills passage indicates legislative intent to make purchases upon bids permissive rather than mandatory

assistant: The best answer is A. holding legislatures intent to change tax liability retroactively was permissive exercise of legislative power
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 Plan is in substantial compliance with all applicable requirements of ERISA and the Code and with all material applicable rulings and regulations issued under the provisions of ERISA and the Code setting forth those requirements. No Reportable Event has occurred and is continuing with respect to any Plan which could reasonably be expected to constitute a Material Adverse Occurrence. All of the minimum funding standards applicable to such Plans have been satisfied and there exists no event or condition which would reasonably be expected to result in the institution of proceedings to terminate any Plan under Section 4042 of ERISA. With respect to each Plan subject to Title IV of ERISA, as of the most recent valuation date for such Plan, the present value (determined on the basis of reasonable assumptions employed by the independent actuary for such Plan and previously furnished in writing to the Bank) of such Plan’s projected benefit obligations did not exceed the fair market value of such Plan’s assets.

assistant: Erisa
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: Appellant cites these surface water cases as revealing that once water enters a building’s plumbing system, its status changes and any damage it causes becomes a plumbing mishap which is not excluded under appellant’s policy. In light of the clear language in the insurance policy at issue, we do not find persuasive the surface water analogies in Marchetti and Valley Forge. The policy excludes coverage for “[w]ater that backs up or overflows from a sewer, drain or sump.” Reading the exclusion so as to eliminate instances where water has traveled through appellant’s plumbing system would, in effect, be reading the exclusion out of the policy. See Fiess, 202 S.W.3d at 748; see also Jackson v. Am. Mut. Fire Ins. Co., 299 F.Supp. 151, 156 (M.D.N.C. 1968), ajfd 410 F.2d 395 (4th Cir.1969) (<HOLDING>). We conclude the policy unambiguously excludes Options: A. holding no conflict in policy provisions providing coverage for overflow from plumbing system but specially excluding overflow caused by water which backs up through sewers or drains B. holding that a legal malpractice insurance policy that limited coverage to suits seeking damages and defined damages as excluding sanctions did not provide coverage for a sanctions motion against the insured C. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage D. recognizing a public policy against discrimination but not providing for an independent cause of action E. holding that insurance company had duty to provide coverage for churchs negligent supervision of pastor under professional liability policy because policy did not contain clause excluding coverage for actions arising out of a criminal act or licentious immoral or sexual behavior

assistant: The best answer is A. holding no conflict in policy provisions providing coverage for overflow from plumbing system but specially excluding overflow caused by water which backs up through sewers or drains
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: argues it is not fundamentally fair to retroactively waive the tax refunds promised to creditors under the existing confirmation order. Additionally, one-half of the future net refunds, which are property of the estate, should be remitted toward the plan because they are akin to future earnings and are disposable income. The trustee points out that while the Seventh Circuit determined that modifications under section 1329 do not require a change in circumstances, Matter of Witkowski 16 F.3d 739 (7th Cir.1994), that court did not determine whether section 1325(b), which requires submission of all the debtor’s disposable income to the plan if there is an objection, was applicable when the trustee opposed the debtor’s modification. See also In re Than, 215 B.R. 430 (9th Cir. BAP 1997) (<HOLDING>). Regardless of whether or not the disposable Options: A. holding trustee has not waived the right to bring a preference objection B. holding section 1325b did not apply to modification under section 1329 unless there is an objection from the trustee or from an unsecured creditor C. holding that postconfirmation attempt to equitably subordinate claim of one general unsecured creditor in a class of general unsecured creditors was a violation of 1123a4 D. holding that because creditors claim was unsecured after application of section 506a and because section 1325a5 does not apply to unsecured claims creditors lien could properly be avoided E. holding that section 12a2 did not apply to a private placement memorandum which was subject to a section 42 exemption

assistant: The best answer is B. holding section 1325b did not apply to modification under section 1329 unless there is an objection from the trustee or from an unsecured creditor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall, (i) by 8:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release and a Current Report on Form 8-K, disclosing the material terms and conditions of the transactions contemplated hereby, and including the Transaction Documents as exhibits to such Current Report and (ii) by 8:30 a.m. (New York City time) on the Trading Day immediately after the Closing Date, issue a press release and a Current Report on Form 8-K, disclosing the Closing. From and after the issuance of such Current Report on Form 8-K to be filed in accordance with clause (i) of the preceding sentence, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser or its investment advisor, or include the name of any Purchaser or its investment advisor in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except: (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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: traditional contract. See Big Horn Coal, 916 F.2d at 1502; Stead Motors of Walnut Creek v. Auto. Machinists Lodge No. 1173, 886 F.2d 1200, 1205 (9th Cir.1989) (en banc) (“Unlike the commercial contract, which is designed to be a comprehensive distillation of the parties' bargain, the collective bargaining agreement is a skeletal, interstitial document."). 2 . The record suggests that some of the debtors filed for bankruptcy before they had completed the ninety days of employment required to become participating employees. See, e.g., 4 Aplt.App. 887. Trustees correctly note that this does not prevent these debtors' interest in the SARs from becoming property of the bankruptcy estate, 4 Aplt.App. 967. See, e.g., DeNadai v. Preferred Capital Markets, Inc., 272 B.R. 21, 30-31 (D.Mass.2001) (<HOLDING>). However, absent these debtors' continued Options: A. holding that unvested stock options are a form of compensation and constituted marital property that could be distributed through use of a constructive trust B. holding that unvested stock options subject to the contingency of debtors future employment are property of the bankruptcy estate C. holding that the trial court did not abuse its discretion in allocating the husbands unvested stock options as marital property D. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code E. holding that the trial court properly determined that unvested stock options have marital aspect

assistant: The best answer is B. holding that unvested stock options subject to the contingency of debtors future employment are property of the bankruptcy estate
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: she did not call an ambulance until 1:07 p.m. — four hours after Ms. Des-muke knew that T.D.S. was seriously ill and she herself believed that an ambulance was needed. Based on these facts, a jury could reasonably conclude that Ms. Des-muke’s delay in calling 911 demonstrated deliberate indifference to T.D.S.’s serious medical needs, and we reverse the district court’s holding on this issue. Although Ms. Colbert has presented sufficient evidence to survive summary judgment regarding the delay in medical treatment claim, on remand, the district court will need to address whether there is sufficient evidence that Ms. Desmuke’s actions (or inaction) represented the execution of an official policy. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). The court did not reach this issue because it Options: A. holding that a local government may be held liable for its employees constitutional violation only when the employee is executing the governments policy or custom whether made by its lawmakers or by those whose edicts or acts may be fairly said to represent official policy B. holding that a municipality may only be held liable under 1983 for a policy practice or custom C. holding that a city may be held liable on account of the unconstitutional conduct of city officials only if the citys policy or custom played a part in the violation D. holding that a municipality may be sued as a person under 42 usc 1983 when the municipalitys policy or custom whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy inflicts a constitutional injury E. holding that a municipality cannot be held liable for an official policy or custom if it has been determined that the individual defendants did not violate the plaintiffs constitutional rights

assistant: The best answer is A. holding that a local government may be held liable for its employees constitutional violation only when the employee is executing the governments policy or custom whether made by its lawmakers or by those whose edicts or acts may be fairly said to represent official policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or filing required or permitted to be given to the Plan Administrator under the Plan shall be sufficient if in writing and hand-delivered, or sent by first class mail to the principal office of Univar USA Inc., directed to the attention of the Plan Administrator. Such notice shall be deemed given as of the date of delivery, or, if delivery is made by mail, as of the date shown on the postmark.

assistant: Notices