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 legal provision and list the applicable contract clause categories. Provision: There is no Claim or action or proceeding (before or by any court, tribunal or administrative, governmental or regulatory body, agency, commission, division, department, public body or other Governmental Authority) pending or, to the best knowledge of the Purchaser and ABI, threatened against or affecting the Purchaser or ABI, the outcome of which would in any manner impair the ability of the Purchaser and/or ABI to perform their obligations under this Agreement and the other Transaction Agreements.

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 case excerpt and choose the best holding from the options. Case excerpt: amply justified in concluding that despite the fact that the hearing on Nelson’s motion in limine to exclude the Rule 404(b) evidence was deferred until trial, the speedy trial clock did not run during the entire pendency of this motion. See 18 U.S.C. § 3161(h)(1)(F); United States v. Phillips, 936 F.2d 1252, 1254 (11th Cir.1991) (“Motions necessitating hearings, such as suppression hearings ... are governed by section 3161(h)(1)(F). As such, the entire time from the fifing of the motion to the conclusion of the hearing is excludable, even when the hearing is deferred until trial.”)(citing United States v. Garcia, 778 F.2d 1558, 1562 (11th Cir.1986) and United States v. Mastrangelo, 733 F.2d 793, 796 (11th Cir.1984)); see also United States v. Beard, 41 F.3d 1486, 1488 (11th Cir.1995) (<HOLDING>). Thus, no more than 30 non-excludable days Options: A. holding district courts should defer to hearing officers finding on the credibility and reliability of evidence of witnesses who testified before her B. holding that a pretrial motion triggers an automatic exclusion under 3161h1f even though no actual delay results C. holding trial court abused its discretion by refusing to conduct hearing and render decision on motion D. recognizing that a district courts decision to defer hearing a motion until trial does not render the intervening time nonexcludable under 3161h1f E. holding that where both the appellate and trial courts are reviewing the paper record there is no reason for the appellate courts to defer to the trial courts finding

assistant: The best answer is D. recognizing that a district courts decision to defer hearing a motion until trial does not render the intervening time nonexcludable under 3161h1f
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: no authority proposing that losing a selection packet is a materially adverse action, and the Court is aware of none. Therefore, no reasonable juror could conclude that act (4) is retaliatory. 5. Placing Plaintiff on Prolonged Administrative Leave Defendants placed Plaintiff on administrative leave on February 25, 2011 and terminated him on September 9, 2011. Plaintiff argues that his six-month placement on administrative leave amounted to a materially adverse act because, although he received full pay, he could not earn overtime or holiday pay. Drawing all reasonable inferences in Plaintiffs favor, the Court assumes that Plaintiff has created a triable issue regarding material adversity. See Blakes v. City of Hyattsville, 909 F.Supp.2d 431, 441-42 (D.Md.2012) (publication forthcoming) (<HOLDING>). However, Plaintiff has failed to create a Options: A. holding that suspension with pay was not adverse employment action B. holding that potentially indefinite suspension of employee from work without pay could constitute materially adverse employment action even where employer awards full backpay for the entire period and that reassignment of responsibilities could constitute materially adverse employment action even absent demotion C. holding that verbal threats if they are specific can constitute adverse action for retaliation purposes D. holding that a suspension with pay may constitute materially adverse action for the purposes of retaliation claims depending on the facts of the case E. holding that investigatory suspension with pay was not adverse employment action

assistant: The best answer is D. holding that a suspension with pay may constitute materially adverse action for the purposes of retaliation claims depending on the facts of the case
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: airbnb also reserves the right to otherwise collect payment from you and pursue any remedies available to airbnb in this regard in situations in which you are responsible for a damage claim , including , but not limited to , in relation to any payment requests made by hosts under the airbnb host guarantee .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fit' between governmental purpose and the means chosen to advance that purpose.”). 13 . Some other courts have similarly concluded that Lawrence did not announce a new fundamental right along the lines argued for by the plaintiffs. See Marcum, 60 M.J. at 204-05 ("In Lawrence, the Court did not expressly identify the liberty interest as a fundamental right. Therefore, we will not presume the existence of such a fundamental right in the military environment when the Supreme Court declined in the civilian context to expressly identify such a fundamental right.”); Loomis, 68 Fed.Cl. at 517-18 (same); cf. Muth, 412 F.3d at 817-18 (finding that Lawrence did not announce a fundamental right of adults to engage in all forms of private consensual sexual conduct); Lofton, 358 F.3d at 815-17 (<HOLDING>); Limon, 122 P.3d at 29-30 (holding that Options: A. holding right to be fundamental B. holding that the right to vote is fundamental C. recognizing private right of action D. holding that the right to drive is not a fundamental right E. holding that lawrence did not create a fundamental right to private sexual intimacy

assistant: The best answer is E. holding that lawrence did not create a fundamental right to private sexual intimacy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as we explained in our initial opinion The proponents of the GARA legislation recognized the essential role of preventative maintenance in the aviation industry. See H.R.Rep. No. 103-525(11), at 6, reprinted in 1994, 103rd Cong. & Admin. News, at 1647 (“Over the lifespan of a general aviation aircraft, almost every major component will be replaced.”). Because we believe that the status of type certificate holder and/or designer fall under the umbrella of manufacturer conduct for purposes of GARA, it would wholly undermine the general period of repose if original manufacturers were excepted from claims relief for replacement parts under the rolling provision by virtue of that status alone. Cf. Campbell [v. Parker-Hannifin Corp.], 69 Cal.App.4th 1534, 82 Cal.Rptr.2d [202,] 209 [(1999)] (<HOLDING>). Pridgen, 588 Pa. at 427, 905 A.2d at 436. As Options: A. holding that the fourteenth amendment only applies to state action B. holding that if property is not part of the individuals estate at the time he files a bankruptcy petition no automatic stay provision applies to the property C. holding that the rolling provision applies only to the entity that manufactured the replacement part D. holding in part that the leedom v kyne exception applies only when the board violates a clear and mandatory provision of the act E. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them

assistant: The best answer is C. holding that the rolling provision applies only to the entity that manufactured the replacement part
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: Sections 1.3, 4, 5, 6, 8, 10, 11, 12 and 13 shall survive the termination of the Engagement and the assignment of this Agreement by the Company to any successor-in-interest or other assignee and be binding upon the heirs and legal representatives of the Consultant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is not enough to confer standing.” Id. Finally, the plaintiffs can meet their burden to show standing in a threat-of-prosecution situation by showing past prosecutions under the act in question. Id. at 1128. Because the gun rights plaintiffs could not establish the foregoing requirements, they did not meet their burden of showing they had Article III standing for their claim. Id. at 1129. With regard to ripeness, the court noted that the issue must be “fit for judicial decision” and that “the parties will suffer hardship if we decline to consider the issues.” Id. at 1132. Because the issues were not “purely legal” and because the plaintiffs had not been threatened with prosecution, the court found that the claims were not ripe for adjudication. Id.; see also Thomas, 220 F.3d at 1138-39 (<HOLDING>). In this case plaintiffs allege three Options: A. holding that petitioners did not possess a private right of action for injunctive and declaratory relief sought because only the citys housing official could enforce the citys housing maintenance code B. holding that landlords who vowed not to follow an antidiscrimination housing statute did not have a justiciable claim for injunctive relief when they had not yet violated the statute and had certainly not been prosecuted for any violation C. holding that college violated stay by not delivering transcript to chapter 7 debtor when debt had not yet been determined dischargeable D. holding that owners notice substantially complied with federal requirements because the owner intended to demolish the housing units and noted that ajlthough the notice did not follow the statutory language it would have been misleading had it strictly followed the statute E. holding that debt collector violated fdcpa when it held debtor liable for court costs that had not yet been awarded

assistant: The best answer is B. holding that landlords who vowed not to follow an antidiscrimination housing statute did not have a justiciable claim for injunctive relief when they had not yet violated the statute and had certainly not been prosecuted for any violation
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: Seller has provided to Buyer copies of its statements of operations for the Business for the years ended February 28, 2015 and February 29, 2016 and the 11-month period ended January 31, 2017. The full fiscal year statements contain information included in the audited consolidated financial statements of Seller and its affiliates (but such statements are not separately audited). The partial fiscal year statements are neither separately audited nor included in the audited consolidated financial statements of Seller and its affiliates. All such statements have been prepared in accordance with GAAP consistently applied and in the aggregate present fairly in all material respects the results of operations of the Business as operated by Seller for the respective periods covered thereby, except that (i) shared operating expenses (if applicable) are allocated among business units as determined by Seller, and (ii) such statements do not include income tax expense or benefit, interest income and expense, disclosures required by GAAP in notes accompanying the financial statements, retiree benefit expense (pension, health insurance, etc.), non-cash compensation expenses associated with equity compensation arrangements, certain revenues and expenses associated with operating the Business as a part of multiple business units, and expenses attributable to the adoption of accounting pronouncements.

assistant: Financial Statements
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 LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS SECURITY AGREEMENT OR ANY OTHER TRANSACTION DOCUMENT, SHALL BE BROUGHT AND MAINTAINED EXCLUSIVELY IN THE COURTS OF FAIRFAX COUNTY, VIRGINIA OR IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA; PROVIDED THAT NOTHING IN THIS SECURITY AGREEMENT SHALL BE DEEMED OR OPERATE TO PRECLUDE THE SECURED PARTY FROM BRINGING SUIT OR TAKING OTHER LEGAL ACTION IN ANY OTHER JURISDICTION. THE DEBTOR HEREBY EXPRESSLY AND IRREVOCABLY SUBMITS TO THE JURISDICTION OF THE COURTS OF FAIRFAX COUNTY, VIRGINIA AND OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA FOR THE PURPOSE OF ANY SUCH LITIGATION AS SET FORTH ABOVE. THE DEBTOR FURTHER IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS BY REGISTERED MAIL, POSTAGE PREPAID, OR BY PERSONAL SERVICE WITHIN OR WITHOUT THE COMMONWEALTH OF VIRGINIA. THE DEBTOR HEREBY EXPRESSLY AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE AND ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

assistant: Consent To Jurisdiction
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: Michael Brewer appeals from the district court’s judgment and challenges his guilty-plea conviction and 210-month sentence for receipt of child pornography, in violation of 18 U.S.C. §§ 2252A(a)(2)(A), (b). Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Brewer’s counsel has filed a brief stating that there are no grounds for relief, along with a motion to withdraw as counsel. Brewer has filed a pro se supplemental brief. No answering brief has been filed. With the exception of ineffective assistance of counsel claims, Brewer waived his right to appeal his conviction and 210-month sentence. We decline to review Brewer’s ineffective assistance of counsel claims on direct appeal. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011) (<HOLDING>). The waiver of the right to appeal the Options: A. holding ineffective assistance of counsel claims may be decided on direct appeal where the district court has developed a record on the ineffectiveness issue B. holding that the sixth amendment right to counsel embodies the right to effective assistance of counsel C. holding that ineffective assistance of counsel claims should be brought in collateral proceedings not on direct appeal D. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record E. holding that we review ineffective assistance of counsel claims on direct appeal only in the unusual cases where the record is sufficiently developed or the legal representation is so obviously inadequate that it denies a defendant his sixth amendment right to counsel

assistant: The best answer is E. holding that we review ineffective assistance of counsel claims on direct appeal only in the unusual cases where the record is sufficiently developed or the legal representation is so obviously inadequate that it denies a defendant his sixth amendment right to counsel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree to consult with each other reasonably and in good faith with respect to the text and timing of any press releases relating to this Agreement or the activities hereunder prior to the issuance thereof; provided , that a Party may not unreasonably withhold consent to such releases, and either Party may issue such press releases as it determines, based on the advice of counsel, are reasonably necessary to comply with Applicable Laws or for appropriate market disclosure or which are consistent with information disclosed in prior releases properly made hereunder.

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: Except as otherwise provided in this Agreement, each Party to this Agreement will bear its respective fees and expenses incurred in connection with the preparation, negotiation, execution and performance of this Agreement and the transactions contemplated by this Agreement, including all fees and expenses of its agents and representatives. If any Party hereto institutes a proceeding to enforce such Party’s rights in accordance with the provisions of this Agreement, the prevailing Party shall be entitled to recover its reasonable expenses, including attorneys’ fees, in connection with any such action.

assistant: Expenses
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: conflicts with another provision of the restrictive covenants in this case and in Buckner. In the present case, the provision reads, [T]he owner or owners of any of the above land shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of or to enforce the observance of the restrictions, in addition to ordinary legal actions for damages, and failure to of the parties or owner or owners of any of the lot or lots ... to enforce any of the restrictions herein set forth at the time of its violation shall in no event, be deemed to be a waiver of a right to do so thereafter. [Emphasis added.] The covenants in Buckner contained substantially similar language. See Moore v. Zeller, 153 S.W.3d 262, 264 (Tex.App.-Beaumont 2004, pet. denied) (<HOLDING>); Stroud v. VBFSB Holding Corp., 917 S.W.2d 75, Options: A. holding that appellate court may judicially notice its own records B. recognizing that the court may take judicial notice of its own docket C. holding that lack of standing cannot be waived and may be raised for the first time by an appellate court on its own motion D. holding that a trial court may take judicial cognizance of records on file in its own court punctuation omitted E. holding that the appellate court may take judicial notice of its own records in related proceedings

assistant: The best answer is A. holding that appellate court may judicially notice its own records
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: Commencing in 2016 and as long as there are vested and exercisable SARs outstanding, IAC shall deliver to each Participant, no later than March 31 st , its written determination of the FMV (the “ Annual FMV Notice ”) as of the date of delivery of such written determination. The vested SARs shall be exercisable by a Participant, in whole or in part, once each year during the 30-day period following each delivery of the Annual FMV Notice (each, an “ Exercise Window ”). The determination by Participant of whether to exercise any or all vested SARs during a particular Exercise Window shall be made by delivery of a written notice of exercise to IAC and the Company (the “ Exercise Notice ”) by 5:00 p.m., New York time, no later than the 30 th day following the date of delivery of the applicable Annual FMV Notice, which Exercise Notice shall indicate the number of vested SARs to be exercised by Participant. If Participant elects to exercise any or all vested SARs, the Settlement Amount shall be paid as provided in Section 5(d)(iv). In no event shall a Participant’s SARs be validly exercised unless such Participant has substantially complied with any restrictive covenants to which such Participant is subject.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before Decemeber 14, 2016; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the judgment is that in reliance upon Morfin's assurance that he would take care of Connie and Jessica if he were named beneficiary of the insurance and pension proceeds, Martinez unequivocally named him the beneficiary of the pension, and on at least one occasion (on the form that Ispat Inland acted upon) named him as beneficiary of the life insurance policy. Morfin clearly benefited as a result of his broken promise. Also, although strictly speaking Martinez himself was not placed in a worse position as a result of his action in reliance on Morfin's promise, his heirs and intended beneficiaries of the life insurance policies and pension, Connie and Jessica, were. This is sufficient to support a finding of constructive fraud. See Melloh, 261 Ind. at 656-59, 309 N.E.2d at 439-40 (<HOLDING>). In sum, we reiterate that the law presumes Options: A. holding that plaintiffs may have a property interest in real property B. holding that the legal title holders to real property held it in constructive trust for the equitable title holder who was entitled to the real property based on an earlier contract C. holding that forfeiture of real property may be adjudicated before the seizure occurs because real property cannot abscond D. recognizing that water rights constitute a real property interest E. holding imposition of constructive trust on onehalf of brothers interest in decedent mothers real property for benefit of sister was particularly appropriate where there was evidence mother had orally stated that brother and sister should share all of her property equally even though deed for real property listed brother as sole owner

assistant: The best answer is E. holding imposition of constructive trust on onehalf of brothers interest in decedent mothers real property for benefit of sister was particularly appropriate where there was evidence mother had orally stated that brother and sister should share all of her property equally even though deed for real property listed brother as sole owner
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 Stockholder has all requisite authority and power to enter into and deliver this Agreement and any of the other Transaction Documents to which such Stockholder is a party, and any other certificate, agreement, document or instrument to be executed and delivered by the Stockholder in connection with the transactions contemplated hereby and thereby and to perform his obligations hereunder and thereunder and to consummate the transactions contemplated hereby and thereby. This Agreement has been, and each of the Transaction Documents to which the Stockholder is a party will be, duly and validly authorized and approved, executed and delivered by the Stockholder.

assistant: Authority
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: decision, ‘[a]n appellate court may not substitute its judgment for that of the trial court.’ ” 175 N.J. at 386, 815 A.2d 432 (quoting State v. Johnson, 118 N.J. 10, 15, 570 A.2d 395 (1990)); see also Roth, supra, 95 N.J. at 365, 471 A.2d 370. Our “appellate courts are expected to exercise a vigorous and close review for abuses of discretion by the trial courts.” Jarbath, supra, 114 N.J. at 401, 555 A.2d 559. However, they are “bound to affirm a sentence, even if [they] would have arrived at a different result, as long as the trial court properly identifies and balances aggravating and mitigating factors that are supported by competent credible evidence in the record.” State v. O’Donnell, 117 N.J. 210, 215, 564 A.2d 1202 (1989); see also Roth, supra, 95 N.J. at 364-65, 471 A.2d 370 (<HOLDING>). Removing the presumptive terms and preserving Options: A. holding that the mere mandatory application of the guidelines the district courts belief that it was required to impose a guidelines sentence constitutes error B. holding that where a district court clearly indicates that an alternative sentence would be identical to the sentence imposed under the guidelines any error that may attach to a defendants sentence under booker is harmless C. holding that appellate court may not overturn sentence unless the application of the guidelines to the facts of the case makes the sentence clearly unreasonable so as to shock the judicial conscience D. holding that where the defendants sentence does not exceed the statutory maximum and the district court applies the guidelines as advisory the district court does not err by enhancing the defendants sentence based on facts not charged in the indictment or admitted by him E. holding that sentencing court could consider whether the applicable guidelines were outdated and disproportionate but that imposing sentence based on the guidelines did not render sentence substantively unreasonable

assistant: The best answer is C. holding that appellate court may not overturn sentence unless the application of the guidelines to the facts of the case makes the sentence clearly unreasonable so as to shock the judicial conscience
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 Investor has full power and authority to enter into this Agreement. This Agreement, when executed and delivered by the Investor, will constitute the valid and legally binding obligation of the Investor, enforceable against the Investor in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and any other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies, or (iii) to the extent the indemnification provisions contained in the Registration Rights (as defined below) may be limited by applicable federal or state securities laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will, and will cause each of its Subsidiaries to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges and franchises material to the conduct of its business except, in each case (other than the case of the foregoing requirements insofar as they relate to the legal existence of the Borrowers), to the extent that failure to do so would not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03. With respect to any Foreign Subsidiary Borrower organized under the laws of Luxembourg, (i) the central administration ( administration centrale ) and the “centre of main interests” (as that term is used in the Council Regulation (EC) n°1346/2000 of May 29, 2000 on insolvency proceedings) of such Foreign Subsidiary Borrower shall remain in Luxembourg and (ii) such Foreign Subsidiary Borrower will have no “establishment” (as that term is used in the Council Regulation (EC) n°1346/2000 of May 29, 2000 on insolvency proceedings) outside Luxembourg.

assistant: Existence
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: yahoo and its subsidiaries , affiliates , officers , employees , agents , partners and licensors expressly disclaim all warranties of any kind , whether express or implied , including , but not limited to the implied warranties of title , merchantability , fitness for a particular purpose and non-infringement .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: loss during the time of Arnold’s involvement in the conspiracy. Arnold, 125 FedAppx. 269. Arnold then filed a petition for a writ of certiorari with the Supreme Court. The Supreme Court granted that petition, vacating our opinion and remanding the case for further consideration in light of Booker. Arnold,-U.S.-, 125 S.Ct. 2527, 161 L.Ed.2d 1107. STANDARD OF REVIEW While Arnold asserts that he raised the Booker issue both at trial and on direct appeal, the record does not support this assertion. Arnold’s sentencing “affidavit” did not object to the district court’s estimation of the tax loss under the preponderance standard, raise his jury trial rights under the Sixth Amendment, nor cite to any case in the Apprendi line. See United States v. Dowling, 403 F.3d 1242, 1246 (11th Cir.2005) (<HOLDING>). However, when reviewed under the liberal Options: A. holding that appellants nonconstitutional sentencing objection failed to preserve booker error where the objection made no reference to the sixth amendment the role of judge as factfinder the right to jury determination of disputed facts or the apprendi line of cases B. holding that there is no sixth amendment right to jury sentencing C. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court D. holding that general objection did not preserve error on appeal E. holding appellant failed to preserve error when trial judge overruled objection without comment and record gave no indication of basis for objection asserted on appeal

assistant: The best answer is A. holding that appellants nonconstitutional sentencing objection failed to preserve booker error where the objection made no reference to the sixth amendment the role of judge as factfinder the right to jury determination of disputed facts or the apprendi line of 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: Neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated hereby, nor compliance with the terms hereof, will violate, conflict with or result in a material breach of, or constitute a default (with or without notice or lapse of time or both) under any provision of, any trust agreement, other agreement, judgment, order, decree, statute, law, ordinance, rule or regulation applicable to the Stockholder.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you and the company do not reach an agreement to resolve the claim within 30 days after the notice is received , you or the company may commence an arbitration proceeding as set forth below or file a claim in small claims court .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Since the requirements of a trade dress infringement claim are conjunctive, the court did not analyze the remaining elements: (1) inherent distinctiveness or secondary meaning, (2) non-functionality, and (3) likelihood of confusion. C. Analysis 1. The Proper Legal Standard for Identifying Recognizable Trade Dress The application of section 43(a) of the Lanham Act is not limited to trademarks. Section 43(a) also provides protection to “certain words, symbols, collocations of colors and designs, or other advertising materials or techniques” that the purchasing public has come to associate with goods from a single source. R.J.R. Foods, Inc. v. White Rock Corp., 608 F.2d 1058, 1059 (2d Cir.1979); see also Duraco Prods., Inc. v. Joy Plastic Enters., Ltd., 40 F.3d 1431, 1438 (3d Cir.1994) (<HOLDING>). Trade dress has been defined as the total Options: A. holding that the statute of limitations for all of plaintiffs eleven causes of action including those brought under lanham act 43a 15 usc 1125a and lanham act 43c 15 usc 1125c is four years B. holding that a laches defense is precluded under a section of the lanham act providing for cancellation at any time C. holding that defendants use of the phrase swiss army knife did not constitute false advertising under section 43a of the lanham act but remanding to consider whether among other things use of the same phrase constituted false designation of origin D. holding that section 43a of the lanham act protects trade dress E. holding that reasonable anticipation standard for the tort of passing off under section 43a of the lanham act remains the law in the third circuit

assistant: The best answer is D. holding that section 43a of the lanham act protects trade dress
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: EWC level was reduced to a 3 for 5 EWC level, which decreased his monthly work credits by 3.6214279 days credit per month in addition to the withholding of good-time for the month of the infraction.” According to Appellant, the sanction "extended [his] max-out date from March 28, 2017 to November 2, 2017, which is a 217 day[] difference.” 7 .Act No. 334, 2008 S.C. Acts 3308. This amendment became effective on June 16, 2008, eight days prior to Appellant's disciplinary violation. 8 . We note the ALC incorrectly cited S.C.Code Ann. § l-23-560(D) (2008). We believe, however, this citation was a scrivener’s error as the ALC properly cited the amendment to section l-23-600(D) and quoted the applicable portion of this statute. 9 . See Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000) (<HOLDING>). 10 . If we were to allow Furtick to remain Options: A. holding that the proper procedures for challenging the results of a prison disciplinary hearing are appeal administrative review collateral attack or habeas corpus B. holding that aside from two noncollateral matters specifically listed in the pcr act pcr is a proper avenue of relief only when the applicant mounts a collateral attack challenging the validity of his conviction or sentence as authorized by section 172720a C. holding that where defendants seek to challenge predicate convictions used to enhance current sentence proper avenue for relief is through pcr proceeding D. holding that defendants have a federal constitutional right to make a collateral attack on a prior conviction only when that conviction was obtained without the assistance of counsel E. holding that where the record shows defendant was represented by counsel and the conviction is valid on its face the defendant is precluded from attempting to undermine the validity of that conviction by collateral attack

assistant: The best answer is B. holding that aside from two noncollateral matters specifically listed in the pcr act pcr is a proper avenue of relief only when the applicant mounts a collateral attack challenging the validity of his conviction or sentence as authorized by section 172720a
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any one or more of the provisions contained in this Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby as to such jurisdiction, and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

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: This Agreement (including Exhibits and Schedules), contains the complete understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements or understandings between the Parties with respect to the subject matter hereof, including the Confidential Disclosure Agreement between the Parties, dated […***…]. None of the terms of this Agreement shall be amended, supplemented or modified except in writing signed by duly authorized representatives of the Parties hereto.

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: Employee represents that he has (a) read and completely understands this Agreement and (b) had an opportunity to consult with such legal and other advisers as he has desired in connection with this Agreement. This Agreement shall not be construed against any one of the Parties.

assistant: Construction
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: Sample agrees to reasonably cooperate with the Company in the prosecution or defense of all threatened claims or actual litigation in which the Company is or may become a party, whether now pending or hereafter brought, in which Sample has knowledge of relevant facts or issues. Sample shall be promptly reimbursed reasonable out-of-pocket expenses incurred by him due to his cooperating with the prosecution or defense of any litigation for the Company as applicable, including but not limited to reasonable attorney’s fees incurred in the furtherance of those actions, provided that he provides the Company with reasonable documentation of such expenses.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event that fraud , illegality or other conduct that violates this agreement is discovered or reported ( whether by you or someone else ) that is connected with your account , we may terminate your account ( or accounts ) as described in section 5 .

assistant: Unilateral termination
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 amounts payable by the Company to the Executive hereunder (including, but not limited to, the Salary or any amounts payable pursuant to Sections 3.3 and/or 3.4 hereof) shall be reduced prior to the delivery of such payment to the Executive by an amount sufficient to satisfy any applicable federal, state, local or other withholding tax requirements.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if a payment is not successfully settled , due to expiration , insufficient funds , or otherwise , and you do not change your payment method or cancel your account , we may suspend your access to the service until we have obtained a valid payment method .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: contain “a short and plain statement of the claim showing that the pleader is entitled to relief,” and that “each allegation must be simple, concise, and direct.” FED. R. CIV. P. 8(a)(2), 8(d)(1). Rule 8 accentuates “the emphasis placed on clarity and brevity by the federal pleading rules” and a clear and succinct complaint is therefore expressly mandated. Ciralsky v. CIA, 355 F.3d 661, 669 (D.C.Cir.2004). The plaintiffs Complaints, which contain 592 and 740 enumerated counts, respectively, plainly do not meet this standard. Courts in this jurisdiction have recognized the importance of the Rule 8 standard, and complaints that lack the requisite short and plain statement of the claim have been frequently dismissed. See Karim-Panahi v. U.S. Congress, 105 Fed.Appx. 270, 271 (D.C.Cir.2004) (<HOLDING>); Ciralsky, 355 F.3d at 669 (finding that the Options: A. holding that district court properly dismissed claims in 2241 petition that had been decided in previous habeas action B. holding that district court properly dismissed a complaint containing a purported one thousand causes of action for failing to meet rule 8s requirements C. holding that plaintiff need only plead damages in rico cases sufficient to meet rule 8s requirements D. holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion E. recognizing that one of those conditions for a district judge to grant leave to amend the complaint may properly be that claims contained in the original complaint but not included in the amended complaint be considered dismissed with prejudice

assistant: The best answer is B. holding that district court properly dismissed a complaint containing a purported one thousand causes of action for failing to meet rule 8s requirements
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: UC Hastings Mot. at 5-8), and courts in their home forums have addressed related arguments in the past. See, e.g., Brine v. Univ. of Iowa, 90 F.3d 271, 275 (8th Cir.1996) (affirming the district court’s holding that the University of Iowa and its Board of Regents were immune, under the Eleventh Amendment, from suit on plaintiffs § 1983 claims); Scherer v. Curators of Univ. of Mo., 49 Fed.Appx. 658, 658 (8th Cir.2002) (affirming the district court’s holding that the University of Missouri and its Curators were immune, under the Eleventh Amendment, from suit on plaintiffs ADA claim) (citing Sherman v. Curators of the Univ. of Mo., 871 F.Supp. 344, 348 (W.D.Mo.1994)); Gallagher v. Univ. of Cal., Hastings Coll. of the Law, No. C011277PJH, 2001 WL 1006809, at *5 (N.D.Cal. Aug. 16, 2001) (<HOLDING>). Because the relevant circuit and district Options: A. holding michigan friend of the court employees absolutely immune from suit under 1983 B. holding that uc hastings was immune under the eleventh amendment from suit on plaintiffs 1983 claims and granting motion to dismiss C. holding that the department of corrections was entitled to eleventh amendment immunity from suit under section 1981 D. holding college school district immune from suit in federal court under eleventh amendment E. recognizing that section 1983 claims against a state agency are barred by the eleventh amendment

assistant: The best answer is B. holding that uc hastings was immune under the eleventh amendment from suit on plaintiffs 1983 claims and granting motion to dismiss