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: Navarro-Flores of his right to consular notification. Nevertheless, as Navarro-Flores acknowledges, neither this court nor the Supreme Court has resolved the question whether the Vienna Convention confers individually enforceable rights upon a defendant. See Sanchez-Llamas v. Oregon, 548 U.S. 331, 342, 126 S.Ct. 2669, 165 L.Ed.2d 557 (2006) (declining “to resolve the question whether the Vienna Convention grants individuals enforceable rights”); Torres de la Cruz v. Maurer, 483 F.3d 1013, 1024 n. 11 (10th Cir.2007) (expressing “serious doubts” the Vienna Convention grants individually enforceable rights). The courts of appeal that have affirmatively passed upon the issue, moreover, reach differing conclusions. Compare Cornejo v. County of San Diego, 504 F.3d 853, 863 (9th Cir.2007) (<HOLDING>); United States v. Emuegbunam, 268 F.3d 377, Options: A. holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc 1291 B. holding that the mere delivery of documents does not confer jurisdiction C. holding that the flsa does not confer jurisdiction over ambulance services D. holding that a waiver of right to appeal contained in a plea agreement is enforceable E. holding the vienna convention does not confer a privately enforceable right to be notified

assistant: The best answer is E. holding the vienna convention does not confer a privately enforceable right to be notified
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: Upon the occurrence and during the continuance of an Event of Default, the Lender may (a) terminate the Revolving Credit Commitment and declare the principal of and interest on the Loans and the Reimbursement Obligations at the time outstanding, and all other Obligations to be forthwith due and payable, whereupon the same shall immediately become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived by the Borrower, anything in this Agreement or the other Loan Documents to the contrary notwithstanding, and terminate the Revolving Credit Facility and any right of the Borrower to request borrowings or Letters of Credit thereunder; provided , that upon the occurrence of an Event of Default specified in Section 8.1(f) or (g) , the Revolving Credit Facility shall be automatically terminated and all Obligations shall automatically become due and payable without presentment, demand, protest or other notice of any kind, all of which are expressly waived by the Borrower, anything in this Agreement or in any other Loan Document to the contrary notwithstanding, (b) with respect to all Letters of Credit with respect to which presentment for honor shall not have occurred at the time of an acceleration pursuant to the preceding paragraph, demand that the Borrower deposit in a Cash Collateral account opened by the Lender an amount equal to 105% of the aggregate then undrawn and unexpired amount of such Letters of Credit. Amounts held in such Cash Collateral account shall be applied by the Lender to the payment of drafts drawn under such Letters of Credit, and the unused portion thereof after all such Letters of Credit shall have expired or been fully drawn upon, if any, shall be applied to repay the other Secured Obligations and (c) exercise all of its other rights and remedies under this Agreement, the other Loan Documents and Applicable Law, in order to satisfy all of the Secured Obligations.

assistant: Remedies
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 is no Legal Proceeding pending or, to the Purchaser’s Knowledge, threatened against the Purchaser or involving any of its properties or assets that would reasonably be expected to: (i) have a material adverse effect on the ability of the Purchaser to perform its obligations under this Agreement or the Transaction Documents; or (ii) otherwise prevent, hinder or delay the consummation of the transactions contemplated by this Agreement or the Transaction Documents, that seeks to enjoin or obtain damages in respect of the consummation of the transactions contemplated by this Agreement or the Transaction Documents that questions the validity of this Agreement or the Transaction Documents, or any action taken or to be taken by the Purchaser in connection with the consummation of the transactions contemplated hereby or thereby.

assistant: Litigations
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: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the applicable Issuing Bank or the Lenders such Issuing Bank hereby grants to each Lender, and each Lender hereby acquires from such Issuing Bank, a participation in such Letter of Credit equal to such Lender's Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of such Issuing Bank, such Lender's Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Revolving Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

assistant: Participations
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 supersede any and all other agreements, whether written or verbal, that may have been made or entered into by the Parties relating to the subject matters set forth herein. No waiver by a Party of any breach by the other Party of this Agreement shall be construed to be a waiver as to succeeding breaches. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof and may not be modified or amended in any way except in writing by the Parties. Employee may not assign its interest in or delegate the Services under this Agreement. This Agreement shall be binding upon and inure to the benefit of Company, its successors and assigns. If any provision or part of any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the enforceability of any other provisions or parts thereof; and all other provisions and parts thereof shall continue in full force and effect. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 490, 120 S.Ct. 2 he district court, we review this legal issue de novo. This is the first time we have been asked to apply Apprendi to a restitution order. Apprendi could only apply if the amount of restitution is based on (1) a “fact” other than a prior conviction not submitted to the jury, (2) that is used to increase the “penalty” for a crime (3) beyond a prescribed statutory maximum. The first two components suggest Appren-di may apply to restitution orders. First, a district court’s determination of the amount of restitution is a “fact.” E.g., United States v. Bartsh, 985 F.2d 930, 932 (8th Cir.1993). Second, restitution is a criminal “penalty.” United States v. Williams, 128 F.3d 1239, 1241 (8th Cir.1997). But see United States v. Behrman, 235 F.3d 1049, 1054 (7th Cir.2000) (<HOLDING>). The more difficult question, however, is Options: A. holding that equitable restitution is available but that legal restitution is not B. holding no restitution hearing is mandated when defendant did not object to order of restitution or request a hearing C. holding apprendi inapplicable to restitution orders because restitution for harm done is a classic civil remedy D. holding that downward departure based on defendants restitution was improper because restitution is taken into consideration in assessing whether acceptance of responsibility adjustment should apply and district court abused its discretion in finding defendants restitution was extraordinary E. holding that where the government has not presented evidence at the hearing concerning the appropriate amount of restitution the imposition of the restitution order constitutes plain error

assistant: The best answer is C. holding apprendi inapplicable to restitution orders because restitution for harm done is a classic civil remedy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all claims, controversies, and causes of action arising out of or under this Agreement, whether sounding in contract, tort, or statute, shall be governed by the laws of the State of Delaware, including its statutes of limitations, without giving effect to any Delaware conflict-of-laws rule that would result in the application of the laws of a different jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS. EACH OF THE PARTIES HEREBY: (A) CERTIFIES THAT NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF ANY SUCH ACTION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (B) ACKNOWLEDGES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE TRANSACTIONS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 9.12 .

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 legal provision and list the applicable contract clause categories. Provision: Neither any Loan Party nor any Restricted Subsidiary is in default under or with respect to, or a party to, any Contractual Obligation that could, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. No Default has occurred and is continuing or would result from the consummation of the transactions contemplated by this Agreement or any other Loan Document.

assistant: No Defaults
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: been informed of the registration requirement in order for his admission to have been valid. “For a guilty plea to be valid, it must be affirmatively shown that it was both intelligently and voluntarily given, and made with a full understanding both of what the plea connotes and of its possible consequences.” In re John D., 479 A.2d 1173, 1177 (R.I.1984) (citing Boykin v. Alabama, 395 U.S. 238, 242-44, 89 S.Ct. 1709, 1712, 23 L.Ed.2d 274, 279-80 (1969)). Before accepting a plea, the court must set forth, in language understandable to the juvenile, the “essential elements underlying certain rights.” In re John D., 479 A.2d at 1178. However, the court need not inform a defendant of collateral consequences of an admission for it to be valid. State v. Figueroa, 639 A.2d 495, 499 (R.I.1994) (<HOLDING>). Matthew argues that the state’s case is moot Options: A. holding that the sanction of deportation is a collateral not direct consequence of a guilty plea B. holding that deportation is collateral consequence and deportations admonishments are not constitutionally required C. holding that the court had no duty to warn defendants about the possibility of deportation as a collateral consequence of conviction D. holding that potential civil commitment under a state statute was a collateral consequence of pleading guilty E. holding that enhancement of sentence after violation of probation was collateral rather than direct consequence of plea

assistant: The best answer is A. holding that the sanction of deportation is a collateral not direct consequence of a guilty plea
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: Liberty hereby represents and warrants to A/N that Liberty is a corporation duly organized, validly existing and in good standing under the Laws of the State of Delaware and has all necessary corporate power and authority to execute and deliver this Agreement and to consummate the transactions contemplated hereby. The execution and delivery of this Agreement by Liberty and the consummation by Liberty of the transactions contemplated hereby (i) will not violate or constitute a breach of or conflict with its certificate of incorporation or bylaws and (ii) have been duly and validly authorized by, and no other proceedings on the part of, Liberty are necessary to authorize this Agreement or to consummate the transactions contemplated hereby. This Agreement has been duly and validly executed and delivered by Liberty and, assuming it has been duly and validly authorized, executed and delivered by A/N, constitutes a legal, valid and binding obligation of Liberty enforceable against Liberty in accordance with its terms, except to the extent that enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other similar Laws relating to or affecting enforcement of creditors’ rights generally, and general principles of equity (regardless of whether enforcement is considered in a proceeding at law or in equity).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You agree to use your best efforts in the performance of your obligations under this Agreement. The Company will provide such access to its information and property as may be reasonably required in order to permit you to perform your obligations hereunder. You agree to cooperate with the Company’s personnel, to not interfere with the conduct of the Company’s business and to observe all rules, regulations and security requirements of the Company concerning the safety of persons and property.

assistant: Cooperation
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 have the right to withhold from any Sale Bonus, any federal, state or local income and/or payroll taxes required by law to be withheld and to take such other action as the Company may deem advisable to enable the Company and the Executive to satisfy obligations for the payment of withholding taxes and other tax obligations relating to the Sale Bonus.

assistant: Withholdings
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 Issuer hereby represents and warrants to the Executive that (i) it is a limited liability company, duly formed and in good standing under the laws of the State of Delaware, and has the requisite power and authority to execute, deliver and carry out the transactions contemplated by this Agreement, and to issue the Class B-1 Units, (ii) it is fully authorized by action of its Board of Managers (and of any other persons or body whose action is required) to enter into this Agreement and to perform its obligations under this Agreement, (iii) its execution, delivery and performance of this Agreement by it does not violate any applicable law, regulation, order, judgement or decree or any agreement or governance document to which it is a party or by which it is bound, and (iv) upon the execution and delivery of this Agreement by the parties, this Agreement shall be its valid and binding obligation, enforceable against it in accordance with its terms, except to the extent that enforceability may be limited by applicable bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights in general or by general principals of equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Purchaser, severally and not jointly with the other Purchasers, covenants that neither it, nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales, of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.6. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to the initial press release as described in Section 4.6, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Transaction Documents and the Disclosure Schedules. Notwithstanding the foregoing, and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.6, (ii) no Purchaser shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to the initial press release as described in Section 4.6 and (iii) no Purchaser shall have any duty of confidentiality to the Company or its Subsidiaries after the issuance of the initial press release as described in Section 4.6. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice necessary under this Grant shall be addressed to the Company and to the Participant at the address appearing in the personnel records of the Company for such Participant or to either party at such other address as such party hereto may hereafter designate in writing to the other. Any such notice shall be deemed effective upon receipt thereof by the addressee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: conform his conduct to the requisite standard of care required by the relationship, and (8) an injury to the plaintiff proximately caused by the breach. Webb v. Jarvis, 575 N.E.2d 992, 995 (Ind.1991), reh'g denied. A. Duty Whether the law recognizes any obligation on the part of a particular defendant to conform his conduct to a certain standard for the benefit of the plaintiff, three factors must be balanced: (1) the relationship between the parties; (2) the reasonable foreseeability of harm to the person injured, and (8) public policy concerns. Id. Thus, our analysis must examine each of these three factors in turn to determine if Quigley owed a duty to the Beckoms. 1. Relationship between Quigley and the Beckoms The heart of the present case concerns attorney Quigley's action 1983) (<HOLDING>). In Walker, attorney Lawson drafted a will for Options: A. holding that the governments cooperation with a thirdparty is not sufficient to establish a thirdparty beneficiary relationship B. holding that the thirdparty beneficiary theory did not apply C. holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit D. holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons E. recognizing common law cause of action as thirdparty beneficiary

assistant: The best answer is D. holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons
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: in Support (Anson)”) at 3. 304 . Anson Report at 10. 305 . Similarly, if Anson’s report were to be found admissible in any other respect, his opinions on dilution should be struck. 306 . 3/5/07 Anson Deposition at 316. 307 .Id. That decision was probably prudent. When questioned further about his possible qualifications as a statistician, he incorrectly identified a term on the chart prepared by Mr. Torres. Id. 308 . 3/5/07 Anson Deposition at 316. Nor do we find in Anson’s deposition any indication that it is common for experts on valuation of intellectual property to rely on the opinions of those who are qualified to conduct regression analyses. 309 .Dooney & Bourke takes issue with a number of miscalculations made by Torres in conducting the regression analy 2, 203 (2d Cir.1999) (<HOLDING>); and Raskin v. Wyatt Co., 125 F.3d 55, 67-68 Options: A. holding that an expert opinion on a question of law is inadmissible B. holding that causes of action for age and sex discrimination that arose prepetition were property of the bankruptcy estate C. holding that expert report was inadmissible in part because it assumed any anomalies in the data must be caused by age discrimination and made no attempt to account for other possible causes D. holding that expert report is inadmissible because its inference of age discrimination solely on the basis of the raw numbers is impermissible in the absence of any attempt to account for other causes of the anomaly E. holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference

assistant: The best answer is D. holding that expert report is inadmissible because its inference of age discrimination solely on the basis of the raw numbers is impermissible in the absence of any attempt to account for other causes of the anomaly
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: 10 . Plaintiff avers incorrectly that the LOGO provision becomes inoperative upon receipt of full funding under the contract. Rather, because this is a fixed-price contract, the LOGO clause remains operative with regard to work under the original scope of the contract or any subsequently executed bilateral modification. 11 . Defendant argued that the LOGO and FP limitations on liability would preclude plaintiff from recovery even in the event of breach. Defendant's argument is curious. The court will not interpret these clauses to reach an unjust or impractical result. It is axiomatic that either party would be entitled to some recovery in the event of a breach of the contract. See Raymond Constructors of Africa, Ltd. v. United States, 188 Ct.Cl. 147, 166, 411 F.2d 1227, 1237 (1969) (<HOLDING>); Solar Turbines, 26 Cl.Ct. at 1276 (finding Options: A. holding confrontation clause inapplicable at sentencing B. holding that bankruptcy court could not enter judgment for 7402564 under 107a for incurred costs when such costs had not been incurred C. recognizing that the contractor may recover costs when loss of productivity results from the governments actions D. holding limitation clause inapplicable where contractor incurred additional costs as a result of governments failure to perform E. holding that the government could not charge contractor excess cost of relet contract where government caused a delay in contract performance in which contractor was to use his own equipment original contractors costs increased and government refused to allow original contractor to perform at cost but allowed new contractor to use government equipment and paid new contractor a different rate

assistant: The best answer is D. holding limitation clause inapplicable where contractor incurred additional costs as a result of governments failure to perform
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 term or other provision of this Agreement is invalid, illegal or incapable of being enforced as a result of any rule of law or public policy, all other terms and other provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by this Agreement is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated by this Agreement are fulfilled to the greatest extent possible.

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: under NEPA: preparation of an Environmental Impact Statement. 42 U.S.C. § 4332(C) (1988). Accordingly, EPA has been held to be exempt from preparing such statements regarding permits for old sources of pollution. See, e.g., Pacific Legal Found, v. Quarles,. 440 F.Supp. 316, 320-21 & n. 2 (C.D.Cal.1977), aff'd sub nom., Kilroy v. Quarles, 614 F.2d 225 (9th Cir.), cert. denied, 449 U.S. 825, 101 S.Ct. 88, 66 L.Ed.2d 29 (1980). Although the courts have stopped short of holding the exemption to provide EPA with complete NEPA immunity under every possible circumstance, they have universally relied on legislative intent to adopt a much broader application than the bare language would suggest. See, e.g., Municipality of Anchorage v. United States, 980 F.2d 1320, 1328-29 (9th Cir.1992) (<HOLDING>); see also, e.g., Webb v. Gorsuch, 699 F.2d Options: A. holding railroad rate exempt from state regulation B. holding that it is clear that the entire business of baseball is exempt from antitrust claims C. recognizing that the epa can consider the section 404b1 guidelines when acting under section 404c D. holding that the epa is also exempt from the requirement to consider alternatives under section nepa 102e E. holding complaint barred because it challenged the remedial action plan to the extent that it sought to enjoin epa from participating in the shipment of wastes from a superfund site in texas to alabama and to prevent epa from participating in any further remedial action at the site

assistant: The best answer is D. holding that the epa is also exempt from the requirement to consider alternatives under section nepa 102e
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: In contrast to these laws which have been found to have a tenuous connection with employee benefit plans, the Supreme Court has found that common law breach of contract and tort claims against an insurance company based on the improper processing of benefits is preempted. Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 47, 107 S.Ct. 1549, 95 L.Ed.2d 39 (1987). The Eleventh Circuit has further explained that section 514(a) has been interpreted to preempt certain state common law causes of action “whenever the alleged conduct at issue is intertwined with the refusal to pay-benefits.” Garren v. John Hancock Mutual Life Ins. Co., 114 F.3d 186, 187 (11th Cir.1997) (per curiam); see also Variety Children’s Hosp., Inc. v. Century Medical Health Plan, Inc., 57 F.3d 1040, 1042 (11th Cir.1995) (<HOLDING>); Howard v. Parisian, 807 F.2d 1560, 1564 (11th Options: A. holding that fifra preempts state law failure to warn claims B. holding that erisa preempts the texas dtpa because plaintiff relied on state law to advance his complaint that his benefits under the plan were terminated C. holding erisa preempts state contract and tort actions based on improper processing of claims for benefits D. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans E. holding that erisa preempts state law claims of fraud and misrepresentation that are based upon the failure of a covered plan to pay benefits

assistant: The best answer is E. holding that erisa preempts state law claims of fraud and misrepresentation that are based upon the failure of a covered plan to pay benefits
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 aims of punishment, retribution and deterrence; (5) whether the behavior to which it applies is already a crime; (6) whether an alternative purpose to which it may rationally be connected is assignable for it; and (7) whether it appears excessive in relation to the alternative purpose assigned. Hudson, 522 U.S. at 99, 118 S.Ct. 488. Courts must consider these factors “in relation to the statute on its face,” and “only the clearest proof will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty.” Id. Kansas courts, in interpreting the state legislature’s intentions, have repeatedly held the assessment of taxes pursuant to the Act is civil in nature. See State v. Matson, 14 Kan.App.2d 632, 798 P.2d 488 (1990) (<HOLDING>); see also State v. Berberich, 248 Kan. 854, Options: A. holding that the debtor lacked standing to bring a claim against the internal revenue service for the improper assessment of a tax deficiency because the cause of action was the property of the estate and had not been abandoned to the debtor B. holding that the essential purpose of use tax is the recoupment of lost sales tax revenue C. holding that revenue rule did not bar prosecution of a money laundering scheme to defraud the canadian government of tax revenue D. holding the act constituted a civil penalty because one of its objectives was revenue collection and because assessment of the tax did not necessarily depend on the illegal nature of the sale or possession of marijuana E. holding that a new tax assessment formula enacted after the beginning of the period of assessment but applied to the entire tax year was a clear instance of a statute acting prospectively on facts or conditions in existence prior to its enactment

assistant: The best answer is D. holding the act constituted a civil penalty because one of its objectives was revenue collection and because assessment of the tax did not necessarily depend on the illegal nature of the sale or possession of marijuana
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall, and shall cause each Subsidiary to comply with Applicable Law (including Environmental Laws and Anti-Money Laundering Laws) except where such noncompliance could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party acknowledges and agrees that any controversy which may arise under this Agreement is likely to involve complicated and difficult issues, and therefore each party hereby irrevocably and unconditionally waives any right such party may have to a trial by jury in respect of any litigation directly or indirectly arising out of or relating to this Agreement, or the breach, termination or validity of this Agreement, or the transactions contemplated by this Agreement. Each party certifies and acknowledges that (A) no representative, agent or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce the foregoing waiver, (B) each such party understands and has considered the implications of this waiver; (C) each such party makes this waiver voluntarily; and (D) each such party has been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section 11(c).

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: not review issues raised only by amicus curiae. Russian River Watershed Prot. Comm. v. City of Santa Rosa, 142 F.3d 1136, 1141 (9th Cir. 1998). Even had they made the argument, the district court nonetheless was correct to conclude that the rights plaintiffs assert are no different than the rights contained within the general scope of the Copyright Act. The complaint asserts statutory and common law publicity-right claims, and a claim for a violation of the UCL. Plaintiffs, however, do not identify any use of their likenesses independent of the display, reproduction, and distribution of the copyrighted material in which they are depicted. We have held that under those circumstances, none of plaintiffs’ claims is qualitatively different from a copyright claim. See Laws, 448 F.3d at 1144 (<HOLDING>); see also id. at 1143-44 (“squarely Options: A. holding that causation is an essential element in failure to warn claim B. holding that the mere presence of an additional element commercial use in section 3344 is not enough to qualitatively distinguish a right of publicity claim from a claim in copyright C. holding that the right of publicity is descendible D. holding that when a plaintiffs name and identity are used without intent to obtain a commercial advantage but where they are used for some other purpose the use is incidental and does not violate the right of publicity E. holding that an antitrust injury is a necessary element of a 2 claim

assistant: The best answer is B. holding that the mere presence of an additional element commercial use in section 3344 is not enough to qualitatively distinguish a right of publicity claim from a claim in copyright
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: now, but for a pilot project newly in effect, family law magistrates are authorized to hear final divorce actions and issue divorce judgments only when the proceeding is uncontested. M.R. Civ. P. 110A(a); former M.R. Fam. Div. I.C. (abrogated effective Jan. 1, 2009). 3 . In Stitham, we observed that the doctrine of res judicata applies to parentage determinations in uncontested divorce proceedings: We have said that res judicata bars relitigation if: (1) the same parties or their privies are involved in both actions; (2) a valid final judgment was entered in the prior action; and (3) the matters presented for decision in the second action were, or might have been, litigated in the first action. Stitham v. Henderson, 2001 ME 52, ¶¶ 6, 9, 768 A.2d 598, 600-01 (quotation marks omitted) (<HOLDING>). 4 . M.R. Civ. P. 60(b) provides, in relevant Options: A. holding that res judicata precludes relitigation of issue that was or could have been decided in enforcement order that was not appealed B. holding that res judicata did not apply where a trial courts order was not a final judgment C. holding that res judicata did not bar relitigation of paternity but only because the plaintiff had not been a party to or in privity with a party to the uncontested divorce judgment D. holding that because relitigation of issue was barred by collateral estoppel res judicata determination of finality of judgment dismissed for lack of standing was not relevant E. holding res judicata also applies to those in privity with parties

assistant: The best answer is C. holding that res judicata did not bar relitigation of paternity but only because the plaintiff had not been a party to or in privity with a party to the uncontested divorce 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 case excerpt and choose the best holding from the options. Case excerpt: rights in denying his motion to reopen. “The decision to grant or deny a motion to reopen ... is within the discretion of the Board....” 8 C.F.R. § 1003.2(a). Thus, we generally review the BIA’s denial of -.a motion to reopen for an abuse of discretion. See Infanzon v. Ashcroft, 386 F.3d 1359, 1362 (10th Cir.2004). The Attorney General contends that we lack jurisdiction to review most Mr. Rodriguez-Reyes’s claims, and the remaining claims are without merit. We agree. A. This Court has no Jurisdiction to Review the BIA’s Removal Order First, we have no jurisdiction to review Mr. Rodriguez-Reyes’s claims related to the BIA’s order affirming the IJ’s denial of his application for cancellation of removal, because he failed to file a timely petition for review of that order. See id. at 1361 (<HOLDING>). We therefore dismiss the petition for review Options: A. holding that we will not review portions of an ijs ruling that are not adopted by the bia B. holding the bia did not err in affirming the ijs denial of a continuance request where there was no prima facie approvable visa petition pending and alien had not applied for status adjustment C. holding that the requirement that an alien appeal a removal order within 30 days is jurisdictional D. holding that review of questions not raised to the bia is barred E. holding appellate court lacked jurisdiction to review bia order affirming ijs denial of asylum because alien did not file petition for review within 30 days of bia order as required by 8 usc 1252b1

assistant: The best answer is E. holding appellate court lacked jurisdiction to review bia order affirming ijs denial of asylum because alien did not file petition for review within 30 days of bia order as required by 8 usc 1252b1
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: good cause for its decisions. Title VII is not a vehicle for second-guessing business decisions. The employer may take adverse action against an employee for a good reason, a bad reason, a reason based on erroneous facts, or no reason at all, so long as its action is not for a discriminatory reason. Price argues that the trial court’s instruction elevates the burden on the plaintiff to establish liability. We hold that the trial court did not commit reversible error by giving the above jury instructions. The trial court’s instruction regarding the binding effect of the EEOC’s findings was not an abuse of discretion. The instruction correctly stated the law regarding the probative value of an EEOC determination. See McClure v. Mexia Indep. Sch. Dist., 750 F.2d 396, 400 (5th Cir.1985) (<HOLDING>). We have held that the trial court has Options: A. holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact B. holding that issues of discriminatory intent and actual motivation are questions of fact for the trier of fact C. holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case D. holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact E. holding that circuit precedent that eeoc determinations and findings of fact although not binding on the trier of fact are admissible as evidence in civil proceedings as probative of a claim of employment discrimination applies in jury trials

assistant: The best answer is E. holding that circuit precedent that eeoc determinations and findings of fact although not binding on the trier of fact are admissible as evidence in civil proceedings as probative of a claim of employment discrimination applies in 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 legal provision and list the applicable contract clause categories. Provision: The Company shall (1) no later than 9 am ET on the Trading Day after this Agreement has been executed, issue a press release disclosing the material terms of the transactions contemplated hereby and (2) no later than four (4) Business Days after the Closing of the transactions contemplated hereby, the Company shall issue a Current Report on Form 8-K (the “Current Report”) disclosing the material terms of the transactions contemplated hereby, and including the Transaction Documents required to be included in such Current Report as exhibits thereto, within the time required by the Exchange Act. From and after the issuance of the Current Report, the Company represents to the Purchasers that the Company shall have publicly disclosed all material, non-public information delivered to the Purchasers as of such time by the Company, or any of its respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company shall afford the Purchasers and its counsel with a reasonable opportunity to review and comment upon, shall consult with the Purchasers and its counsel on the form and substance of, and shall give due consideration to all such comments from the Purchasers and its counsel on, any press release, filing with the Commission or any other public disclosure made by or on behalf of the Company relating to the Purchasers, the Transaction Documents and/or the transactions contemplated by any of the Transaction Documents, prior to the issuance, filing or public disclosure thereof, and the Company shall not issue, file or publicly disclose any such information to which the Purchasers shall reasonably object, unless required by law. For the avoidance of doubt, the Company shall not be required to submit for review any such disclosure contained in periodic reports filed with the Commission under the Exchange Act if it shall have previously provided the same disclosure for review in connection with a previous filing.

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 legal provision and list the applicable contract clause categories. Provision: On the Closing (as defined in Section 2.1 below), the Company shall authorize the issuance and shall issue ___________________ shares of Common Stock (the “Shares”) par value $0.001 per share to the Purchaser at a purchase price of Nine and Twenty Two One Hundredths of a Cent ($0.0922) per Share for an aggregate value of $________________ (the "Purchase Price").

assistant: Authorizations