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: record is ambiguous as to the quantity of crack found by the district court and that any such ambiguity should be resolved in his favor. In other words, VanBuren believes that it is not clear from the record whether the court intended to adopt the quantity used in the PSR or the amount alleged in the indictment and found by the jury. The district court very clearly adopted the drug quantity set forth in the PSR. After considering VanBuren’s objections, the district court sentenced him in a manner consistent with the PSR’s recommendations. Moreover, in the Statement of Reasons accompanying the judgment entered by the district court, the court expressly “adopt[ed] the factual findings ... in the presentence report.” J.A. 492. See United States v. Walker, 29 F.3d 908, 912 (4th Cir.1994) (<HOLDING>). The court’s statement that it intended to Options: A. holding that appellate courts may not on appeal from the dismissal of a rule 32 petition consider claims not raise in the rule 32 petition B. holding that an appellant cannot raise an issue on appeal from the denial of a rule 32 petition which was not raised in the rule 32 petition C. holding rule 32 requirements satisfied where the district court sentenced the defendant consistently with the psrs recommendations and indicated it was adopting the psrs findings on its statement of reasons form accompanying the judgment D. holding it an abuse of discretion for the district court to deny equitable relief by relying on its own findings that were inconsistent with the jurys findings E. holding that appellate courts may not on appeal from the dismissal of a rule 32 petition consider claims not raised in the rule 32 petition

assistant: The best answer is C. holding rule 32 requirements satisfied where the district court sentenced the defendant consistently with the psrs recommendations and indicated it was adopting the psrs findings on its statement of reasons form accompanying the judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision hereof is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions hereof shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable part had been severed and deleted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company owns all of the outstanding shares of the Bank. Except as set forth on Schedule 3.1(a), the Company has no other direct or indirect Subsidiaries. The Company owns, directly or indirectly, all of the capital stock or comparable equity interests of each Subsidiary free and clear of any and all Liens, and all the issued and outstanding shares of capital stock or comparable equity interest of each Subsidiary are validly issued and are fully paid, non-assessable (to the extent such concept is applicable to an equity interest of a Subsidiary) and free of preemptive and similar rights to subscribe for or purchase securities. Except in respect of the Company’s Subsidiaries, the Company does not own beneficially, directly or indirectly, more than five percent (5%) of any class of equity securities or similar interests of any corporation, bank, business trust, association or similar organization, and is not, directly or indirectly, a partner in any partnership or party to any joint venture.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Lender hereby irrevocably appoints and authorizes Agent to enter into each of the Financing Documents to which it is a party (other than this Agreement) on its behalf and to take such actions as Agent on its behalf and to exercise such powers under the Financing Documents as are delegated to Agent by the terms thereof, together with all such powers as are reasonably incidental thereto. Subject to the terms of Section 11.16 and to the terms of the other Financing Documents, Agent is authorized and empowered to amend, modify, or waive any provisions of this Agreement or the other Financing Documents on behalf of Lenders. The provisions of this Article 11 are solely for the benefit of Agent and Lenders and neither any Borrower nor any other Credit Party shall have any rights as a third party beneficiary of any of the provisions hereof. In performing its functions and duties under this Agreement, Agent shall act solely as agent of Lenders and does not assume and shall not be deemed to have assumed any obligation toward or relationship of agency or trust with or for any Borrower or any other Credit Party. Agent may perform any of its duties hereunder, or under the Financing Documents, by or through its agents, servicers, trustees, investment managers or employees.

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 case excerpt and choose the best holding from the options. Case excerpt: dimensions even after accounting for on-the-job training. (Docket Entry No. 37-1, at 60-61). The consent decree, however, would use a passing score on the knowledge test only to determine which candidates could proceed to the next steps of the exam. Although the record shows that exclusive use of a multiple-choice job-knowledge test is linked to disparate impact, the record does not show that reducing the job-knowledge test to one part of the promotion exam and grading it pass/fail — and making it otherwise irrelevant to the promotion decision— are steps tailored to the disparate impact remedy. Cf. Clements, 999 F.2d at 847 (stating that “any federal decree must be a tailored remedial response to illegality”); United States v. City of New York, 637 F.Supp.2d 77, 118-21 (E.D.N.Y.2009) (<HOLDING>). It appears that once a candidate’s Options: A. holding that a promotional exam was not jobrelated when it failed to test important cognitive and noncognitive abilities B. holding that an agency acts arbitrarily and capriciously if it entirely failed to consider an important aspect of the problem C. holding that evidence of a witnessess refusal to take a polygraph exam is inadmissible D. recognizing and discussing difficulty in determining whether mistrial should be declared when error involves evidence that defendant refused to take polygraph exam rather than involving clearly inadmissible evidence regarding results of exam E. holding that even if plaintiff could demonstrate that failed drug test proffered by defendant as ground for dismissal was in error that showing would not demonstrate that reliance on test was pretext for discrimination

assistant: The best answer is A. holding that a promotional exam was not jobrelated when it failed to test important cognitive and noncognitive abilities
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 in the case of Swingline Loans, all fundings, continuations and conversions of Loans of any Class shall be made by the Lenders pro rata on the basis of their respective Commitments of such Class (in the case of the funding of Loans of such Class pursuant to Section 2.2 ) or on the basis of their respective outstanding Loans of such Class (in the case of continuations and conversions of Loans of such Class pursuant to Section 2.11 , or in the event the Commitments for Loans of such Class have expired or have been terminated), as the case may be from time to time. All payments on account of principal of or interest on any Loans, fees or any other Obligations owing to or for the account of any one or more Lenders shall be apportioned ratably among such Lenders in proportion to the amounts of such principal, interest, fees or other Obligations owed to them respectively.

assistant: General
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 court was not persuaded by defendants’ arguments in this regard at the July 8, 2002, hearing, but these issues will be further evaluated at a later date as these were issues raised in defendants’ motion to dismiss. 9 . Defendants have argued that because HCI is a subsidiary of a wholly owned tribal corporation it is somehow too far down the line to be entitled to tribal sovereign immunity. The court rejects this contention and finds there is no support for defendants position. See Mescalero Apache Tribe v. Jones, 411 U.S. 145, 157 n. 13, 93 S.Ct. 1267, 36 L.Ed.2d 114 (1973) (”[T]he question of tax immunity cannot be made to turn on the particular form in which the Tribe chooses to conduct its business.”); Barker v. Menominee Nation Casino, 897 F.Supp. 389, 393 (E.D.Wis.1995) (<HOLDING>). 10 .Plaintiffs assert that Ex Parte Young Options: A. holding that an action against a tribal enterprise is an action against the tribe itself B. holding that a section 1983 suit against an officer in his or her official capacity is simply another way of pleading an action against an entity of which an officer is an agent C. holding that a garnishment proceeding is an action against the consumer D. holding that florida does not have jurisdiction in a suit by other persons against an indian tribe absent express waiver of tribal sovereign immunity E. holding that a tribal housing authority established by tribal council pursuant to its powers of selfgovernment was a tribal agency rather than a separate corporate entity created by the tribe

assistant: The best answer is A. holding that an action against a tribal enterprise is an action against the tribe itself
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, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO ANY OF THE LOAN DOCUMENTS, THE ADVANCES OR THE ACTIONS OF THE ADMINISTRATIVE AGENT OR ANY LENDER IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT THEREOF.

assistant: Waiver Of Jury Trials
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: habeas corpus petition as well as petitions for relief from judgment filed pursuant to section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 — 1401 (West 2002)) and mandamus actions. The Second District holds that a trial court commits reversible error by dismissing a habeas corpus petition without giving defendant notice and an opportunity to respond to the trial court’s action and this court cannot look beyond this error to assess the merits of the petition. People v. Winfrey, 347 Ill. App. 3d 987, 808 N.E.2d 589, 590-93 (2d Dist. 2004); see also People v. Pearson, 345 Ill. App. 3d 191, 193-99, 802 N.E.2d 386, 388-93 (2d Dist. 2003), appeal allowed, 208 Ill. 2d 549, 809 N.E.2d 1290 (2004); People v. Gaines, 335 Ill. App. 3d 292, 295-97, 780 N.E.2d 822, 824-25 (2d Dist. 2002) (<HOLDING>); see also People v. Shellstrom, 345 Ill. App. Options: A. holding that an appointing authority cannot summarily dismiss a classified employee and that the language the good of the service to be served thereby in 36438 has the effect of limiting the valid exercise of that power to dismiss for cause B. holding that the district court erred in summarily dismissing a 1983 complaint that should have been brought as a habeas petition C. holding that a trial court cannot summarily dismiss a section 2 1401 petition D. holding that on successive posteonviction motions the court may summarily dismiss newlyasserted grounds absent sufficient excuse E. holding 1 that the district court properly construed one 1983 claim as a habeas petition but improperly summarily dismissed it and 2 that the district court should have construed another 1983 claim as a habeas petition

assistant: The best answer is C. holding that a trial court cannot summarily dismiss a section 2 1401 petition
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 Executive dies while employed by the Company, his employment shall immediately terminate. The Company’s obligation to pay the Executive’s Base Salary shall cease as of the date of Executive’s death, except that any earned but unpaid Base Salary and Performance Bonus for any performance period that ended before the Executive’s death shall be paid to the Executive’s estate as soon as practicable after his death. In addition, the Executive’s estate shall receive the Performance Bonus for the year of the Executive’s death on a pro-rated basis and the Performance Bonus, if any, shall be paid to the Executive’s estate at the same time and in the same manner as such Performance Bonus would have been paid to the Executive had the Executive’s employment not been terminated by reason of death.

assistant: Death
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: I see it. Q: And it doesn’t really matter whether you were Hispanic or Asian, it really had to do with how he treated some women who liked to play games with him, right ? A: Mm-hmm. Defendant’s Brief at pg. 34-35 (Deposition Testimony of Plaintiff Soto) (emphasis added). Further, the allegations in the record, though abhorrent, are not severe or pervasive enough to sustain a racially hostile work environment claim. “The plaintiff cannot simply rely on these few isolated incidents and a general, unsupported allegation of a constant barrage of racial comments and ethnic slurs by [Tanner] to support [her] hostile work environment claim.” Gonzales v. Western Resources, Inc., 36 F.Supp.2d 1289, 1295 (D.Kan.1999); see Elmahdi v. Marriott Hotel Serv., Inc., 339 F.3d 645, 653 (8th Cir.2003) (<HOLDING>); Burkett v. Glickman, 327 F.3d 658, 661-62 Options: A. holding insufficient to sustain hostile work environment claim the fact that plaintiff was called black boy on a few occasions by coworker and that a coworker made the comment that africans had big penises B. recognizing a hostile work environment claim under section 1983 C. holding that ajlthough a continuing pattern of hostile or abusive behavior is ordinarily required to establish a hostile environment a single instance can suffice when it is sufficiently egregious and holding that the plaintiff established that she suffered a sexually hostile working environment where she alleged she was raped by a male coworker D. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive E. holding that a work environment did not contain pervasive harassment when the plaintiff made general allegations of frequent sexual slurs and the only specific incident cited involved a coworker grabbing the plaintiff

assistant: The best answer is A. holding insufficient to sustain hostile work environment claim the fact that plaintiff was called black boy on a few occasions by coworker and that a coworker made the comment that africans had big penises
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: consistently held that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State.” Edelman v. Jordan, 415 U.S. 651, 662-63, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974). “State immunity extends to state agencies and to state officers who act on behalf of the state.” Burnette v. Carothers, 192 F.3d 52, 57 (2d Cir.1999). “Thus, when the state is the real party in interest, the Eleventh Amendment generally bars federal court jurisdiction over an action against a state official acting in his or her official capacity.” Burnette, 192 F.3d at 57. However, more than one hundred years ago, the Supreme Court carved out a narrow exception to Eleventh Amendment immunity in Ex Parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908) (<HOLDING>). The doctrine of Ex Parte Young “applies only Options: A. holding state statute that prevented 1983 suits seeking damages relief against correctional officers to be preempted B. holding suits against state officials for prospective injunctive relief are permissible because they are in effect suits against the officials in their individual capacities C. holding that suits against state officers rather than against state itself are permitted when seeking prospective but not compensatory or other retrospective relief D. holding that eleventh amendment does not bar suits for prospective injunctive relief against state officials in their official capacity E. holding that the eleventh amendment bars retrospective declaratory relief against state officials

assistant: The best answer is C. holding that suits against state officers rather than against state itself are permitted when seeking prospective but not compensatory or other retrospective relief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand that use of the services is at your own risk and that we provide the services on an `` as is '' basis `` with all faults '' and `` as available . ''

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each borrowing of Loans by the Company from the Lenders hereunder and any reduction of the Commitments of the Lenders shall be made pro rata according to the respective Loans and Commitments of the Lenders except to the extent required or permitted pursuant to Section 2.17.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement of the parties hereto and supersedes in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof (including, for the avoidance of doubt, any change of control agreement entered into by the parties hereto prior to the effective date of this Agreement).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty shall be treated as confidential and is being provided to the Guaranteed Party solely in connection with the execution and delivery of the Merger Agreement. This Guaranty may not be used, circulated, quoted or otherwise referred to in any document, except with the written consent of the Guarantor and the Guaranteed Party; provided that no such written consent shall be required (and the Guarantor, the Guaranteed Party and their respective Affiliates shall be free to release such information) for disclosures to such Person’s respective members, limited partners, securityholders and representatives, so long as such Persons agree to keep such information confidential on terms substantially identical to the terms contained in this Section 12 or are otherwise bound by a contractual, legal or fiduciary obligation to keep such information confidential; further provided , that the Guarantor and the Guaranteed Party may disclose this Guaranty to the extent required by Law, the applicable rules of any national securities exchange or required or requested by the SEC.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: O’Con-nor v. Consolidated Coin Caterers Corp., 517 U.S. 308, 312, 116 S.Ct. 1307, 134 L.Ed.2d 433 (1996), the Supreme Court rejected a Court of Appeal’s requirement that a plaintiff must show that he was replaced by someone outside the age group protected by the ADEA to make out a prima facie case of age discrimination. The Court reasoned that “[t]he fact that one person in the protected class has lost out to another person in the protected class is ... irrelevant, so long as he has lost out because of his age. Or to put the point more concretely, there can be no great inference of age discrimination ... when a 40-year-old is replaced by a 39-year-old than when a 56-year-old is replaced by a 40-year-old.” Id.; see also EEOC v. McDonnell Douglas Corp., 191 F.3d 948, 951 (8th Cir.1999) (<HOLDING>). This Court finds Galambos’s showing that he Options: A. holding that there is no disparate impact claim under the adea B. holding that general employment practices are relevant to eeoc investigation of individual disparate treatment claim C. recognizing oconnors holding as applicable to disparate treatment adea cases D. holding that disparate impact claims are not cognizable under the adea E. holding that statistical evidence that was too broad to support a prima facie case of systemic disparate treatment was nevertheless admissible in plaintiffs individual disparate treatment case but noting that a valid statistical analysis must encompass the rel evant labor market

assistant: The best answer is C. recognizing oconnors holding as applicable to disparate treatment adea cases
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 or other communications delivered or given under this Lease shall be in writing and shall be deemed to have been duly given if hand-delivered, sent by certified or registered mail, return receipt requested, or nationally-utilized overnight delivery service, Portable Document Format (“PDF”) or confirmed facsimile transmission, as the case may be. Such notices shall be addressed to the parties at the addresses set forth above, or to such other address as may be designated by any party in a writing delivered to the other in the manner set forth in this Section 15. Notices sent by certified or registered mail shall be deemed received three (3) business days after being mailed. All other notices shall be deemed received on the date delivered. Routine communications may be made by e-mail to Lessor at officer@dfollc.com and to Lessee at joseph.yospe@msg.com or fax to Lessor at (516) 226-1155 and to Lessee at (212) 465-6148.

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: Executive represents and warrants to the Company that Executive is not a party to or bound by any noncompetition or other agreement, with any former employer or otherwise, that limits or restricts in any manner Executive’s right, as an employee or in any other capacity, to be employed by or provide advice or services to, any person or entity. Executive further represents and warrants that Executive does not have or possess any non-public, confidential information of or relating to any business or enterprise (other than the Company or its affiliated companies). Executive agrees to defend and indemnify the Company from and against any loss or expense suffered or incurred by the Company or any of its affiliated companies as a result of an inaccuracy or breach of any of Executive’s representations, warranties or agreements made in this Section 6, or any breach by Executive of any post-employment obligations to any prior employer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of applying to later motions the law’s ‘second or successive’ restrictions. Id. at 383,124 S.Ct. at 792. After a review of the record and consideration of the parties’ briefs, we conclude that since the record does not indicate that the district court considered the possibility of construing Myrthil’s petition as his first § 2255 motion to vacate, and since Myrthil’s jurisdictional claim can be properly brought under § 2255, the district court should have explored this possibility, along with the issues of the motion’s timeliness, whether equitable tolling applied, and whether the Castro warnings must be given to Myrthil. See 28 U.S.C. § 2255(f) (establishing a one-year statute of limitations for filing a § 2255 motion); Sandvik v. United States, 177 F.3d 1269, 1271 (11th Cir.1999) (<HOLDING>); Castro, 540 U.S. at 382-83, 124 S.Ct. at 792. Options: A. holding that equitable tolling is only available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control B. holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control C. holding that aedpas statute of limitations is subject to equitable tolling only when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control D. holding equitable tolling available if an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control E. holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

assistant: The best answer is E. holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence
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 holder of Registrable Securities will take all necessary or desirable action in connection with the consummation of any Piggyback Registration. including (a) agreeing to sell such Person’s securities on the basis provided in any underwriting arrangements approved by the Board; (b) completing and executing all questionnaires, powers of attorney, indemnities, underwriting agreements and other documents required under the terms of such underwriting arrangements; and (c) providing in writing such information and affidavits as requested by the Board in connection with any registration statement or prospectus relating to such offering.

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: Each Borrower shall, and each Borrower shall cause each Subsidiary to: (a) comply in all material respects with all applicable Environmental Laws, and orders of regulatory and administrative authorities with respect thereto, and, without limiting the generality of the foregoing, promptly undertake and diligently pursue to completion appropriate and legally authorized containment, investigation and clean-up action in the event of any release of Hazardous Materials on, upon or into any real property owned, operated or within the control of Parent or any Subsidiary; and (b) comply in all material respects with all other Laws applicable to such Borrower, its Subsidiaries, or their respective assets or operations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Califano v. Sanders, 430 U.S. 99, 104, 97 S.Ct. 980, 51 L.Ed.2d 192 (1977). The APA therefore creates a “strong presumption that Congress intends judicial review of administrative action.” Bowen v. Mich. Acad. of Family Physicians, 476 U.S. 667, 670, 106 S.Ct. 2133, 90 L.Ed.2d 623 (1986); see also INS v. St. Cyr, 533 U.S. 289, 298, 121 S.Ct. 2271, 150 L.Ed.2d 347 (2001). That the substantive law to be applied in this case is tribal law does not affect our jurisdiction over an APA challenge to the BIA’s decision. “[I]t is common ground that if review is proper under the APA, the District Court ha[s] jurisdiction under 28 USC § 1331.” Bowen v. Massachusetts, 487 U.S. 879, 891 n. 16, 108 S.Ct. 2722, 101 L.Ed.2d 749 (1988); see also Sharkey v. Quarantillo, 541 F.3d 75, 83-84 (2d Cir.2008) (<HOLDING>); Runs After, 766 F.2d at 351 (citing Options: A. holding that the district court had subject matter jurisdiction to hear the petitioners collateral attack under 1331 B. holding that 28 usc 1331 provides jurisdiction over a suit which involves an erisa plan even though the suit purports to raise only state law claims since the suit is necessarily federal in character by virtue of the manifest intent of congress C. holding that 207 confers private right of action D. holding that state has no jurisdiction over civil suit by nonindian against indian where cause of action arises on indian reservation E. holding that 1331 confers jurisdiction over a suit that arises under a right of action created by the apa

assistant: The best answer is E. holding that 1331 confers jurisdiction over a suit that arises under a right of action created by the apa
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: (emphasis added). The GTLA declares as well that “[w]hen immunity is removed by this chapter [the GTLA] any claim for damages must be brought in strict compliance with the terms of this chapter [the GTLA].” Id. § 29-20-201(c) (2012) (emphasis added). Both the history and the text of the GTLA demonstrate that, as to tort actions against local governmental entities, the Legislature intended it to be a comprehensive statutory scheme. Cruse, 922 S.W.2d at 496. However, the GTLA does not control every single action against a governmental entity. See id.; Jenkins v. Loudon Cnty., 736 S.W.2d 603, 608 (Tenn.1987), abrogated on other grounds by Limbaugh, 59 S.W.3d at 81-83; J.S. Haren Co. v. City of Cleveland, No. E2002-01327-COA-R3-CV, 2003 WL 21276662, at *5 (Tenn.Ct. App. May 30, 2003) (<HOLDING>). Only those claims which are “brought under” Options: A. holding that the remedy in a prison conditions case must remedy actual injuries that have been identified by the court and suffered by the plaintiffs B. holding that the remedy provided by a statute independent of the gtla was not subject to the gtla C. holding that the phrase provided by law means prescribed or provided by statute D. holding that georgia refund statute signifies state waiver of immunity only to the extent provided by the express terms of the statute E. holding that the title of the statute did not limit the reach of the statute

assistant: The best answer is B. holding that the remedy provided by a statute independent of the gtla was not subject to the gtla
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: subject to your agreement to and continuing compliance with the blizzard agreements , blizzard entertainment hereby grants , and you hereby accept , a limited , revocable , non-transferable , non-sublicensable , non-exclusive license to use the service solely for your own non-commercial entertainment purposes by accessing it with an authorized , unmodified game client .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may browse the site and view content without registering , but as a condition to using certain aspects of the service , you are required to register with vivino and represent , warrant and covenant that you provide vivino with accurate , truthful , and complete registration information ( including , but not limited to your name ( `` user name '' ) , e-mail address and a password you will use to access the service ) and to keep your registration information accurate and up-to-date .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and accrue to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity, other than Tellurian and Total, any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

assistant: Binding Effects
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: statutes provide no remedy for violation of the statutory right to counsel. 2012 WL 4679128, at *5 (Atcheson, J., concurring). Dumler timely petitioned this court for review. Statutory Right to Counsel Under Kansas’ Implied Consent Law, “[a]ny person who operates ... a vehicle within this state is deemed to have given consent, subject to the provisions of this act, to submit to one or more tests of the person’s blood, breath, urine or other bodily substance to determine the presence of alcohol or drugs.” K.S.A. 2009 Supp. 8-1001(a). But the statute provides that a “person shall be given” certain mandatory notices before a law enforcement officer administers such a test. See K.S.A. 2009 Supp. 8-1001(k); Barnhart v. Kansas Dept. of Revenue, 243 Kan. 209, 212-13, 755 P.2d 1337 (1988) (<HOLDING>). The notices advise, inter alia, that “there Options: A. holding notices required before dui arrestee must submit to a breath test are mandatoiy B. holding that there was sufficient probable cause for the defendants dui arrest when the evidence showed that the officer smelled the odor of alcohol on the defendants breath the defendants eyes were bloodshot and watery and his breath test was positive for alcohol C. holding that a person arrested for dui has the right to consult an attorney before taking a breath test when such consultation would not delay or interfere with the investigation or test taking D. holding that the odor of alcohol on the defendants breath her admission that she had a few drinks earlier in the evening and a positive result on a breath test do not provide probable cause to arrest her for dui E. holding that dui is not such an offense

assistant: The best answer is A. holding notices required before dui arrestee must submit to a breath test are mandatoiy
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 and other communications required or permitted hereunder shall be in writing and shall be deemed effectively given upon email delivery, personal delivery or receipt (which may be evidenced by a return receipt if sent by registered mail or by signature if delivered by courier or delivery service or by email return receipt), addressed to such Member at its address in Schedule 3.1 or otherwise specified by such Member.

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: During the Employment Term, Executive shall serve as the Company’s Chief Accounting Officer and Controller. In such position, Executive shall have such duties, authority and responsibility as shall be determined from time to time by the Board of Directors of the Company (the “Board”) or the Chief Executive Officer or Chief Financial Officer of the Company, which duties, authority and responsibility are consistent with the position of Chief Accounting Officer and Controller of the Company.

assistant: Titles
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: (statute of frauds). Carpenter and Carpco further contend the trial court erred in concluding that the contract was partially performed and that promissory estoppel bars the application of the statute of frauds. The trial court found that the alleged contract provided that Phelps and Helms would initially share in a pro rata ownership of 100% of the M.T. Cole “A” lease until net revenues from the wells equaled the principal and interest due the investors, after which Phelps and Helms would share in a pro rata ownership of 50%. On appeal, the parties do not dispute that an agreement assigning such real property interests must contain a description of the property in order to satisfy the statute of frauds. See Westland Oil Dev. Corp. v. Gulf Oil Corp., 637 S.W.2d 903, 908 (Tex.1982) (<HOLDING>); Morrow v. Shotwell, 477 S.W.2d 538, 539 Options: A. recognizing that a metes and bounds partition when land contains oil and gas results in a serious loss to a coowner who receives a lot without oil or gas under the surface with the loss due solely to the division of the land B. holding provision in oil and gas lease authorizing lessor to use gas for agricultural purposes contained no geographical limitations C. recognizing oil gas and coal are minerals and holding if oil gas and minerals are reserved from the grant of the surface of several tracts of unseated land they can be taxed as an estate in land D. holding that allegations that states lease and actions that resulted in taking of oil and gas were sufficient to state claim for inverse condemnation E. holding assignment of oil and gas lease is subject to business and commerce code section 2601

assistant: The best answer is E. holding assignment of oil and gas lease is subject to business and commerce code section 2601
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: collection of a tax[.]” Indeed, taxpayers typically must pay the tax and later seek a refund if that tax is determined to be “erroneously, illegally, or wrongfully assessed or collected in any manner.” Tax-Gen. § 13-901(a)(2) (emphasis added). We have interpreted § 13-505, when read in conjunction with Tax-Gen. § 13-514 (requiring exhaustion before an appeal to the Tax Court) and CJP § 3-409(b) (requiring pursuit of the statutory remedy instead of a declaratory judgment action) to “demonstrate[ ] the Legislature’s intent that tax disputes be resolved through the procedures established in Md. Tax-Gen. Code Ann. §§ 13-510 through 13-529.” Bancroft Info. Grp., Inc., supra, 91 Md.App. at 115, 603 A.2d 1289; see also Kuypers v. Comptroller of the Treasury, 173 F.Supp.2d 393, 396 (D.Md.2001) (<HOLDING>). In the realm of general tax law, Options: A. recognizing that pursuant to 13505 the general assembly has by statute expressed its intention that no suit may be brought to interfere with the statutory process for the assessment or collection of a state tax B. holding that the statute must specify the states intention to subject itself to suit in federal court in order to constitute a waiver C. holding state immune from suit brought in state court D. holding state immune from suit brought by its own citizens E. holding that statutory language is conclusive in absence of clearly expressed legislative intention to the contrary

assistant: The best answer is A. recognizing that pursuant to 13505 the general assembly has by statute expressed its intention that no suit may be brought to interfere with the statutory process for the assessment or collection of a state tax
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, legal representatives, successors and assigns of the parties; provided however, that Borrower may not assign or transfer its interests or rights hereunder without Lender's prior written consent. Lender reserves the right to sell, assign, transfer, negotiate or grant participations in all or any part of, or any interest in, Lender's rights and benefits under each of the Loan Documents; provided, however, that in the absence of any continuing Event of Default, the Borrower must consent to any assignments other than to a domestic affiliate of Lender or with respect to any participation. In connection therewith, Lender may disclose all documents and information which Lender now has or may hereafter acquire relating to any credit subject hereto, Borrower or its business, any Guarantor hereunder or the business of such guarantor, if any, or any collateral required hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of scale in operating the fund as it grows larger; 4) comparative fee structures; 5) fallout benefits, i.e., indirect profits to the adviser attributable in some way to the existence of the fund; and 6) the independence and conscientiousness of the directors. See Krinsk v. Fund Asset Management, 875 F.2d 404, 409 (2d Cir.1989) (citing Gartenberg, 694 F.2d at 929-30.) At the pleading stage, a complaint must state more than a legal conclusion that a fee is excessive in order to survive a motion to dismiss. See Levy v. Alliance Capital Management L.P., No. 97-Civ-4672, 1998 WL 744005, at *4 (S.D.N.Y. Oct.26, 1998) (dismissing § 36(b) claim against investment adviser because plaintiff failed to allege why a new advisory agreement’s fees were excessive); Strougo I, 964 F.Supp. at 805 (<HOLDING>); Wexler v. Equitable Management Corp., No. Options: A. holding that eaja fees may be awarded for fee litigation without a separate finding that the government was not substantially justified in its position as to the fee litigation as the single finding that the governments position lacks substantial justification operates as a onetime threshold for fee eligibility and presumptively encompasses all aspects of the civil action B. holding that the fee applicant bears the burden of showing that an adjustment is necessary to the determination of a reasonable fee C. holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied D. holding that the allegation that the investment advisers fee increased substantially as a result of a funds rights offering to existing shareholders does not support an excessive fee claim under section 36b although it might under section 36a E. holding that petitioner had failed to exhaust alternative remedies for review of his fee agreement because the ssa notified petitioner he could obtain his fee by filing a fee petition

assistant: The best answer is D. holding that the allegation that the investment advisers fee increased substantially as a result of a funds rights offering to existing shareholders does not support an excessive fee claim under section 36b although it might under section 36a
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for the Liens granted to the Administrative Agent pursuant to this Agreement, as of the Closing Date, the Guarantor will be the legal and beneficial owner of the Collateral pledged by it hereunder free and clear of any and all Liens or claims of others. As of the Closing Date, the Guarantor (a) will be the record and beneficial owner of the Collateral pledged by it hereunder constituting instruments or certificates and (b) will have rights in or the power to transfer the Collateral, free and clear of any other Lien.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no suits, arbitrations, claims, disputes or other proceedings (including, without limitation, any civil, criminal, administrative or environmental proceedings), pending or, to the best of the Borrower’s knowledge, threatened against or affecting the Borrower or any of the Properties, the adverse determination of which individually or in the aggregate would have a Material Adverse Effect on the Borrower and/or would cause a Material Adverse Financial Change of the Borrower or materially impair the Borrower’s ability to perform its obligations hereunder or under any instrument or agreement required hereunder, except as disclosed on Schedule 6.9 hereto, or otherwise disclosed to Lenders in accordance with the terms hereof.

assistant: Litigations