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: The Executive hereby represents that from and after the Effective Date the performance of the Executive’s duties hereunder will not breach any other agreement to which the Executive is a party. The Executive acknowledges that the Executive has read and understands this Agreement, is fully aware of its legal effect, has not acted in reliance upon any representations or promises made by the Company or any of its Affiliates other than those contained in writing herein, and has entered into this Agreement freely based on the Executive’s own judgment. The Executive agrees not to disclose the terms or existence of this Agreement to any Person unless the Company agrees to such disclosure in advance and in writing; provided that the Executive may, without such permission, make such disclosures as are required by applicable law, including disclosures to taxing agencies, and disclose the terms of this Agreement to the Executive’s attorney(s), accountant(s), tax advisor(s), and other professional service provider(s), and to members of the Executive’s immediate family, as reasonably necessary; provided, further, that the Executive instructs such Person(s) that the terms of this Agreement are strictly confidential and are not to be revealed to anyone else except as required by applicable law.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you wish to enable someone to have access to your content or other data in your account after you are no longer able to provide them access , you need to implement a process for providing your information to them .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Promptly after the filing, giving or receiving thereof, copies of all reports and notices with respect to any Reportable Event pertaining to any Pension Plan and copies of any notice by any Person of its intent to terminate any Pension Plan, and promptly upon the occurrence thereof, written notice of any contribution failure with respect to any Pension Plan sufficient to give rise to a lien under Section 302(f) of ERISA.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans made on the Restatement Effective Date shall be applied by the Borrower (a) to prepay in full all of the Existing Term Loans and (b) to pay fees and expenses incurred in connection with the Transactions. No portion of the proceeds of any Loan shall be used in any manner that causes or might cause such Loan or the application of such proceeds to violate Regulation T, Regulation U or Regulation X or any other regulation thereof or to violate the Exchange Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby shall be brought and determined exclusively in the Delaware Court of Chancery of the State of Delaware; provided , that if the Delaware Court of Chancery does not have jurisdiction, any such suit, action or proceeding shall be brought exclusively in the United States District Court for the District of Delaware or any other court in the State of Delaware, and each of the parties hereto hereby consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding 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 suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party hereto anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party hereto agrees that service of process on such party may be made by complying with the provisions of Section 7.5 , and such compliance shall be deemed effective service of process on such party.

assistant: Jurisdictions
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 item listed or referred to in any Schedule pursuant to any Section of this Agreement will be deemed to have been listed in or incorporated by reference into any other Schedule to the extent that the applicability of the information disclosed to such other representation and warranty or Schedule is reasonably apparent on the face of the Schedule. The headings, if any, of the individual sections of each of the Schedules are inserted for convenience only and will not be deemed to constitute a part thereof or a part of the Schedules. The inclusion of an item in the Schedules as an exception to a representation or warranty will not be deemed an admission or acknowledgment, in and of itself and solely by virtue of the inclusion of such information in the Schedules, that such information is required to be listed in the Schedules or that such item (or any non-disclosed item or information of comparable or greater significance) represents a material exception or fact, event or circumstance, that such item has had, or is excepted to result in, a Material Adverse Effect, or that such item actually constitutes noncompliance with, or a violation of, any Legal Requirement or Contractual Obligation or other topic to which such disclosure is applicable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AMENDMENT AND, EXCEPT AS OTHERWISE SET FORTH THERIN, THE OTHER LOAN DOCUMENTS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE; PROVIDED THAT THE LENDER SHALL RETAIN ALL RIGHTS ARISING UNDER FEDERAL LAW.

assistant: Applicable 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: RS Group agrees to pay for all of its own expenses, including, without limitation, all expenses relating to telephone conferences, mailing and labor, other than expenses related to extraordinary items including travel, entertainment and other activities required by or specifically requested by the Company.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: without limiting any other rights or remedies of linden lab , linden lab may exercise its termination rights as provided in section 5 in the event of any payment delinquency .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: where you know of or suspect any illegal activities , or know of or suspect that works belonging to you have been infringed , please write to us at the address provided below marked for the attention of our ` general counsel ' .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS (EXCEPT, AS TO ANY OTHER LOAN DOCUMENT, WHERE SUCH OTHER LOAN DOCUMENT EXPRESSLY SETS FORTH OTHERWISE) AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT (EXCEPT, AS TO ANY OTHER LOAN DOCUMENT, AS EXPRESSLY SET FORTH THEREIN) AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

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: All representations and warranties, covenants and agreements contained in this Agreement, including the agreements contained in Sections 4(f) and 11(d), the indemnity agreements contained in Section 6 and the contribution agreements contained in Section 7, shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Initial Purchasers or any controlling person thereof or by or on behalf of the Issuers, the Guarantors or any controlling person thereof, and shall survive delivery of and payment for the Notes to and by the Initial Purchasers. The agreements contained in Sections 4(f), 6, 7, 9 and 11(d), and in Sections 13 through 19 shall survive the termination of this Agreement, including any termination pursuant to Sections 8, 11 or 12.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at the time, which we know now was in error”); United States v. Ruiz-Gea, 340 F.3d 1181, 1187 (10th Cir. 2003) (“In general, for an error to be contrary to well-settled law, either the Supreme Court or this court must have addressed the issue.”). Mr. Wardell does not identify any Supreme Court or Tenth Circuit decisions that have addressed the psychological-impact argument relative to the mandated use of stun belts, much less any decisions from these two courts that indicate that the district court’s stun-belt order was error on psychological-impact grounds, and we are not aware of any such decisions. Accordingly, the district court’s assumed error in ordering Mr. Wardell to wear a stun belt was not obvious and clear. See, e.g., United States v. Poe, 556 F.3d 1113, 1129 (10th Cir.2009) (<HOLDING>), petition for cert. filed, ■ — ■ U.S.L.W. - Options: A. holding that we will not consider an argument of plain error where the defendant has neither mentioned the plainerror standard nor made any attempt to show how he can satisfy that standard B. recognizing that no federal circuit has addressed the issue C. holding that plain error standard not satisfied stating that defendant has pointed to no supreme court or tenth circuit decisions directly addressing the guidelines issue he raises nor do we know of any D. holding that the tenth circuit if faced with this issue would follow those circuit court of appeals that have permitted the use of class action waivers in arbitration agreements E. holding that there can be no plain error where neither we nor the supreme court has addressed an issue

assistant: The best answer is C. holding that plain error standard not satisfied stating that defendant has pointed to no supreme court or tenth circuit decisions directly addressing the guidelines issue he raises nor do we know of any
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 Amendment shall constitute a Loan Document under the Amended Term Loan Agreement. This Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. Any determination that any provision of this Amendment or any application hereof is invalid, illegal, or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality, or enforceability of any other provisions of this Amendment. Each of the Borrower and the Parent Guarantor represents and warrants that it has consulted with independent legal counsel of its selection in connection herewith and is not relying on any representations or warranties of the Administrative Agent or its counsel in entering into this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party shall take such acts, and execute and deliver to any other party such additional documents or instruments as may be reasonably requested in order to effect the purposes of this 2017-1 Servicing Supplement and the 2017-1 Servicing Agreement and to better assure and confirm unto the requesting party its rights, powers and remedies hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a claim against the bond, but it was denied because Drewery had not provided the requested paperwork. He also confirmed that he received a letter from Drewery’s counsel on February 11, 2004 that included a copy of the default judgment. Daily stated this was the first time Fidelity was aware of the lawsuit. Application of the Law to the Facts The submitted affidavits explain the normal procedure for handling new lawsuits CSC received on behalf of Fidelity. But there is no affidavit from a person who actually handled the citation explaining how the citation was lost or where in the chain of communication a breakdown occurred that led to Fidelity’s failure to answer the citation. See BancTEXAS McKinney, N.A. v. Desalination Sys., Inc., 847 S.W.2d 301, 302-03 (TexApp.-Dallas 1992, no writ) (<HOLDING>); see also Anchor Fumigation & Pest Control, Options: A. holding an affidavit containing impeachment evidence is insufficient to support the granting of a new trial B. holding that evidence was insufficient to prove a conspiracy where the evidence did not show that individuals who sold drugs to the defendant knew that the drugs were meant to be resold C. holding that without an affidavit from the person who actually mishandled the citation the evidence was insufficient to show the breakdown that led to the failure to answer D. holding that officers possession of affidavit at searched premises without leaving a copy with the occupant was insufficient to allow for consideration of the affidavit in evaluating the constitutionality of the warrant E. holding that evidence was admissible under the good faith exception where the affidavit contained a detailed description of the nature of the offense the premises to be searched the items for which they were searching and the transaction which led the informant to believe that the drugs would be in this apartment

assistant: The best answer is C. holding that without an affidavit from the person who actually mishandled the citation the evidence was insufficient to show the breakdown that led to the failure to answer
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: that did not satisfy the machine-or-transformation test were rarely granted in earlier eras, especially in the Industrial Age, as explained by Judge Dyk’s thoughtful historical review. See 545 F.3d, at 966-976 (concurring opinion). But times change. Technology and other innovations progress in unexpected ways. For example, it was once forcefully argued that until recent times, “well-established principles of patent law probably would have prevented the issuance of a valid patent on almost any conceivable computer program.” Diehr, 450 U.S., at 195, 101 S. Ct. 1048, 67 L. Ed. 2d 155 (Stevens, J., dissenting). But this fact does not mean that unforeseen innovations such as computer programs are always unpatentable. See id., at 192-193, 101 S. Ct. 1048, 67 L. Ed. 2d 155 (majority opinion) (<HOLDING>). Section 101 is a “dynamic provision designed Options: A. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply B. holding that patents that would disproportionately tie up the use of the underlying natural laws are invalid for lacking patentable subject matter C. holding that trial court properly granted motion to dismiss for lack of subject matter jurisdiction because plaintiff had failed to exhaust remedies available through exclusive grievance procedure D. holding that copying occurs when a computer program is transferred from a permanent storage device to a computers random access memory E. holding a procedure for molding rubber that included a computer program is within patentable subject matter

assistant: The best answer is E. holding a procedure for molding rubber that included a computer program is within patentable subject matter
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 terms and conditions herein constitute the entire agreement between the Parties and shall supersede all previous agreements, either oral or written, between the Parties hereto with respect to the subject matter hereof. No agreement of understanding bearing on this Agreement shall be binding upon either Party hereto unless it shall be in writing and signed by the duly authorized officer or representative of each of the Parties and shall expressly refer to this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that there “might” be narcotics. It was entirely conjectural and conclusory. The government presented no evidence regarding the basis for the FBI’s third degree of speculation. For all we know, the FBI’s information was based on an anonymous tip providing the same speculative and unsupported assessment of the house. As the Supreme Court recently reaffirmed, such a tip is insufficient to provide reasonable suspicion for an investigatory stop. Florida v. J.L., — U.S. -, -, 120 S.Ct. 1375, 1378, 146 L.Ed.2d 254 (2000). Courts will uphold an investigatory stop based on a tip or other secondary information only when the information possesses sufficient indicia of reliability that are independently corroborated by the police. See Florida v. J.L., — U.S. at ---, 120 S.Ct. at 1378-79 (<HOLDING>); Alabama v. White, 496 U.S. 325, 332, 110 Options: A. holding an informants tip can establish reasonable suspicion without investigative confirmation if the tip is credible B. holding that an anonymous tip must have sufficient indicia of reliability to justify a stop and frisk C. holding that anonymous call that gave police no predictive information to corroborate tip lacked sufficient indicia of reliability to justify stop and frisk D. holding that an anonymous tip supported a terry stop where the informant provided several details but refused to give his name E. holding stop invalid where anonymous tip provided no predictive information and therefore left the police without means to test the informants knowledge and credibility

assistant: The best answer is E. holding stop invalid where anonymous tip provided no predictive information and therefore left the police without means to test the informants knowledge and credibility
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 369 U.S. 147 82 S.Ct. 674 7 L.Ed.2d 634 Marie BENZ, Petitioner,v.NEW YORK STATE THRUWAY AUTHORITY. No. 234. Argued Feb. 28, and March 1, 1962. Decided March 19, 1962. Lauren D. Rachlin, Buffalo, N.Y., for petitioner. Julius L. Sackman, Albany, N.Y., for respondent. PER CURIAM. 1 We granted certiorari in this case, 368 U.S. 886, 82 S.Ct. 139, 7 L.Ed.2d 86, to decide whether the State of New York could, consistently with the Fourteenth Amendment, assert sovereign immunity in a suit brought by petitioner to reform on grounds of mutual mistake, or to rescind for fraud in the inducement, an agreement fixing compensation for land taken under the power of eminent domain. Contrary to our initial impression of the case on the basis of the petition for certiorari, plenary consideration has satisfied us that the New York Court of Appeals decided no more than that this suit could not be maintained in the Supreme Court of the State of New York because exclusive jurisdiction over litigation of this character had been vested in the New York Court of Claims. The case then involves only a matter relating to 'the distribution of jurisdiction in the state courts,' and presents no substantial federal question. E.g., Honeyman v. Hanan, 302 U.S. 375, 58 S.Ct. 273, 82 L.Ed. 312. 2 Since the representative of the State Attorney General advised us on oral argument that the Attorney General will recommend passage of a bill by the State Legislature relieving petitioner from the operation of the statute of limitations governing proceedings in the New York Court of Claims,* we assume that she will be free to present her claims in the appropriate state forum. 3 The writ is dismissed as improvidently granted. 4 Mr. Justice BLACK dissents. 5 Mr. Justice WHITTAKER took no part in the consideration or decision of this case. * (Reporter's Note: Such a bill became a law on April 29, 1962, N.Y.Laws 1962, c. 940.)

assistant: 9
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 object to the changes , nintendo reserves the right to terminate this agreement or any portion of it upon reasonable notice and you will have to register again if you wish to continue using the nintendo account service under the new terms and conditions .

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: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS GUARANTY OR ANY OTHER GUARANTOR DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (a) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (b) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS GUARANTY AND THE OTHER GUARANTOR DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 20 .

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: following projects are cumulative actions that should have been identified and analyzed within the EIS: (1) the “Megram Roadside Hazard Tree Project;” (2) the “Happy Plantation Project;” (3) the “Phase 1” and “Phase 2” logging projects; (4) the “Plantation Precommericial Thinning, Release, and Fuels Treatment project;” and (5) the “Plantation Planting, Site Preparation, and Fuels Treatment project.” {See PI. Reply at 26.) In response, the Forest Service asserts that the EIS should be upheld because plaintiffs have failed to meet their burden to prove that the projects they identified have cumulative significant impacts. {See Def. Reply at 22.) The Forest Service, however, cannot shift to plaintiffs the responsibility of proving cumulative impact. See City of Carmel, 123 F.3d at 1161 (<HOLDING>); City of Davis v. Coleman, 521 F.2d 661, 671 Options: A. recognizing a defendants connection to dc because the plaintiff had argued and provided correspondence between the parties demonstrating an ongoing relationship between the parties including the defendant giving the plaintiff directions regarding other business projects that the defendant intended to pursue and argued that the contract would have been at least partly performed within dc B. holding that affidavits are sufficient if they describe the justifications for nondisclosure with reasonably specific detail demonstrate that the information withheld logically falls within the claimed exemption and are not controverted by either contrary evidence in the record nor by evidence of agency bad faith C. holding that eis must provide a useful analysis of the cumulative impacts of past present and future projects D. holding that a cumulative impacts analysis was insufficient where the agency had examined single projects in isolation because there were several foreseeable similar projects in a geographical region that added to the cumulative impacts E. holding agency had burden to describe other area projects and detail the cumulative impacts of these projects

assistant: The best answer is E. holding agency had burden to describe other area projects and detail the cumulative impacts of these projects
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 372 U.S. 224 83 S.Ct. 621 9 L.Ed.2d 695 Angelika L. SCHNEIDER, Petitioner,v.Dean RUSK, Secretary of State. No. 251. Decided Feb. 18, 1963. PER CURIAM. 1 Trial of this case should have been before a three-judge District Court convened pursuant to 28 U.S.C. §§ 2282, 2284, as petitioner requested. Her complaint explicitly sought an 'injunction restraining the enforcement, operation or execution of * * * (an) Act of Congress'—s 352(a)(1) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1484(a)(1), which provides that a naturalized American citizen shall lose his nationality by 'having a continuous residence for three years in the territory of a foreign state of which he was formerly a national or in which the place of his birth is situated * * *.' The District Court concluded that petitioner's complaint presented no substantial constitutional issue and denied petitioner's motion to convene a three-judge court, relying on Lapides v. Clark, 85 U.S.App.D.C. 101, 176 F.2d 619 (1949), cert. denied, 338 U.S. 860, 70 S.Ct. 101, 94 L.Ed. 527, in which the Court of Appeals for the District of Columbia Circuit had directly upheld the predecessor of a companion provision, § 352(a)(2) of the 1952 Act, 8 U.S.C. § 1484(a)(2), which deprived the naturalized American of his citizenship for residing for five years in any foreign state. The Court of Appeals' per curiam affirmance was also based on Lapides. Although no view is here intimated as to the merits of the constitutional question in the present case, we disagree with the conclusion of the courts below as to the substantiality of that issue. The intervening decisions of this Court in Perez v. Brownell, 356 U.S. 44, 78 S.Ct. 568, 2 L.Ed.2d 603, and Trop v. Dulles, 356 U.S. 86, 78 S.Ct. 590, 2 L.Ed.2d 596, reveal that the constitutional questions involving deprivation of nationality which were presented to the district judge were not plainly insubstantial. The single-judge District Court was therefore powerless to dismiss the action on the merits, and should have convened a three-judge court. Ex parte Northern Pac. R. Co., 280 U.S. 142, 144, 50 S.Ct. 70, 74 L.Ed. 233; Stratton v. St. Louis S.W.R. Co., 282 U.S. 10, 15, 51 S.Ct. 8, 10, 75 L.Ed. 135; Ex parte Poresky, 290 U.S. 30, 54 S.Ct. 3, 78 L.Ed. 152; Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U.S. 713, 82 S.Ct. 1294, 8 L.Ed.2d 794. The judgments below are vacated and the case is remanded to the District Court for expeditious action consistent with the views here expressed. 2 So ordered.

assistant: 2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be construed and interpreted in accordance with the internal laws of the State of Delaware without regard to principles of conflicts of law thereof, or principles of conflicts of laws of any other jurisdiction that could cause the application of the laws of any jurisdiction other than the State of Delaware.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: activity in this case, and despite the invocation of other RICO language, the RICO claims must be dismissed because the complaint does not go beyond those labels and language to include sufficient factual allegations that raise a right to relief above a speculative level. This case arises out of a routine commercial dispute involving shippers (or sellers) of a specific and defined amount of paper materials (whether those materials are classified as solid waste or source-separated materials), railroad transporters of those materials, and buyers or potential recipients of the materials. It involves a specific number of railcars, a limited number of victims, and a closed, limited period of time. Moreover, although it appears that there on Ctrs., 863 F.Supp. 447, 460 (E.D.Mich.1994) (<HOLDING>). The allegations in the complaint simply do Options: A. holding reliance is still an element of a 10b5 action and that the fraud on the market theory subject to rebuttal is applicable to meet the reliance element in securities fraud cases where corporations make materially misleading statements in an impersonal and efficient market B. holding that a jury could find a nineteen month period of racketeering activity sufficient to satisfy continuity requirement C. holding that three sales of used copy machines as new within approximately two years did not meet the continuity element D. holding that allegations of isolated acts of fraud occurring over an eighteenmonth period did not meet the continuity element E. holding that a six month closedended period did not satisfy the continuity requirement

assistant: The best answer is D. holding that allegations of isolated acts of fraud occurring over an eighteenmonth period did not meet the continuity element
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 holders of shares of Series C Preferred Stock are entitled to the same rights as the holders of Common Stock with respect to rights to receive notices, reports and audited accounts from the Company and with respect to attending stockholder meetings.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests and demands which any party is required or may desire to give to any other party under any provision of this Sublease Agreement must be in writing delivered to each party at the address set forth hereinabove, or to such other address as any party may designate by written notice to all other parties. Each such notice, request and demand shall be deemed given or made as follows: (a) if sent by hand delivery, upon delivery; (b) if sent by mail, upon the earlier of the date of receipt or three (3) days after deposit in the U.S. mail, first class and postage prepaid; (c) if sent by facsimile, upon acknowledged receipt; and (d) if by email upon acknowledged receipt.

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: (Tex.1986). Those decisions — which do not involve mortgage assumptions — are inapplicable here because Mrs. Brush’s assumption of her father’s mortgage was not a modification of Wells Fargo’s prior agreements with him. As Wells Fargo notes, a transféree’s agreement to assume a loan is a new promise and does not necessarily extinguish the transferor’s personal obligation under the loan. See Restatement (Third) of Property (Mortgage) § 5.1(b)(2) (“When mortgaged real estate is transferred with assumption of liability ... the transferor remains personally liable for the covenants in the mortgage and for the obligation secured by the mortgage, to the extent such liability existed prior to the transfer.”); Shockey v. Page, 354 S.W.2d 698, 700 (Tex.Civ.App.-Eastland 1962, writ ref d n.r.e.) (<HOLDING>); Helge v. Am. Cent. Life Ins. Co., 124 S.W.2d Options: A. holding that the patent exhaustion doctrine is only applicable if there is an unconditional sale and that private parties retain the freedom to contract concerning conditions of sale B. holding that an original obligor is personally liable if there is no unconditional acceptance of the assuming party as the sole principal obligor by the holder of the indebtedness nor was there any agreement to release the original obligors C. recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct D. holding there was no error in refusing to charge accessory after the fact because there is no exclusionary situation which eliminates one defendant or the other from having participated in the murder as a principal E. holding that where the parties fail to reach an agreement as to the character nature or type of release to be used an essential element of the agreement is not established

assistant: The best answer is B. holding that an original obligor is personally liable if there is no unconditional acceptance of the assuming party as the sole principal obligor by the holder of the indebtedness nor was there any agreement to release the original obligors
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 Stockholder is not an individual, Stockholder has all necessary corporate power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby. If Stockholder is an individual, Stockholder has full legal capacity, right and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 4.3 if you choose to use paid aspects of the service , you agree to the posted pricing and billing policies on the websites , through the service , or by an applicable payment service provider .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For purposes of this Agreement, a “Change in Control” shall be deemed to have occurred if: (i) any person (as defined in Section 13(d) and 14(d) of the Exchange Act) is or becomes the beneficial owner (as defined in Rule 13d-3 of the Exchange Act), directly or indirectly, of securities of the Corporation representing more than fifty percent (50%) of the combined voting power of the Corporation’s then outstanding securities, or (ii) there is a consummation of a reorganization, merger or consolidation or sale or other disposition of all or substantially all of the assets of the Corporation (a “Business Combination”), in each case, unless, following such Business Combination, all or substantially all of the individuals and entities who were the beneficial owners of outstanding voting securities of the Corporation immediately prior to such Business Combination beneficially own, directly or indirectly, more than fifty percent (50%) of the combined voting power of the then outstanding voting securities entitled to vote generally in the election of directors, as the case may be, of the entity resulting from such Business Combination (including, without limitation, an entity which, as a result of such transaction, owns the Corporation or all or substantially all of the Corporation’s assets either directly or through one or more subsidiaries).

assistant: Change In Control
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: Boyd’s allegation, in claim XII, paragraphs 110-116, of his petition, that the trial court’s instruction on reasonable doubt was erroneous. 11. Boyd’s allegation, in Claim XIII, paragraphs 117-120, of his petition, that the manner of execution used by the State of Alabama is unconstitutional. 4. “Cumulative Effect” of Alleged Trial Errors In Issue VIII of his appellate brief, Boyd also argues that the cumulative effect of the alleged trial errors raised in his petition and listed above resulted in a denial of his right to due process. This specific claim was not presented to the circuit court in Boyd’s Rule 32 petition and is raised for the first time on appeal. Ac cordingly, it is not properly before us for review. See, e.g., Arrington v. State, 716 So.2d 237, 239 (Ala.Crim.App.1997)(<HOLDING>). See also, e.g., McGahee v. State, 885 So.2d Options: A. holding that an appellant cannot raise an issue on appeal from the denial of a rule 32 petition which was not raised in the rule 32 petition B. holding that where the petitioner alleges that he failed to receive notice of the dismissal of his rule 32 ala rcrim p petition in time to effect a timely appeal therefrom and the events about which the petitioner complains all occurred before june 1 2005 the effective date of the amendment to rule 32 providing a different remedy for obtaining an outoftime appeal from the dismissal of a rule 32 petition a petition for a writ of mandamus is the only appropriate remedy C. holding in an appeal from the denial of a rule 32 petition that the appellants claim that the circuit court erred in not ruling on his motion to subpoena a transcript of his guilty plea proceedings was not preserved for review because the circuit court never ruled on the motion and the appellant never objected to the circuit courts failure to rule on the motion D. holding that a similar claim in a rule 32 petition was procedurally barred because it was raised at trial and because it was raised on direct appeal E. recognizing that rule 32 is a postconviction remedy

assistant: The best answer is A. holding that an appellant cannot raise an issue on appeal from the denial of a rule 32 petition which was not raised in the rule 32 petition
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not assign or delegate any rights or obligations under the terms of service or privacy policy without supercell 's prior written consent , and any unauthorized assignment and delegation by you is ineffective .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: notwithstanding the provisions of the `` modification '' section above , if academia.edu changes this `` dispute resolution '' section after the date you first accepted these terms ( or accepted any subsequent changes to these terms ) , you may reject any such change by sending us written notice ( including by email to feedback@academia.edu ) within 30 days of the date such change became effective , as indicated in the `` last updated date '' above or in the date of academia.edu 's email to you notifying you of such change .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, deliveries and other communications pursuant to this Agreement will be in writing and will be deemed given if delivered personally, telecopied, delivered by globally recognized express delivery service or electronic mail to the Parties at the addresses or facsimile numbers set forth below or to such other address or facsimile number as the Party to whom notice is to be given may have furnished to the other Party hereto in writing in accordance herewith. Any such notice, delivery or communication will be deemed to have been delivered and received (a) in the case of personal delivery, on the date of such delivery, (b) in the case of telecopy, on the Business Day after the day that the Party giving notice receives electronic confirmation of sending from the sending telecopy machine, (c) in the case of a globally recognized express delivery service, on the Business Day that receipt by the addressee is confirmed pursuant to the service’s systems and (d) in the case of electronic mail sent prior to the close of normal business hours on a Business Day, on the date of sending (or on the next Business Day if sent after the close of normal business hours or on any non-Business Day).

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 466 U.S. 1 104 S.Ct. 1673 80 L.Ed.2d 1 Thedore KOEHLER, Warden, petitioner,v.Tilden N. ENGLE No. 83-1 Supreme Court of the United States March 26, 1984 On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Justice MARSHALL took no part in the decision of this case.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and disposed of, § 853 defines, more fully than § 982, what property is subject to forfeiture. The procedure for forfeiture of assets in a criminal case such as this is further governed by Federal Rule of Criminal Procedure 32.2. In order for a court to enter a judgment of forfeiture following a finding of guilt, the Government must first have notified the defendant, either through the indictment or the information, of its intent to seek forfeiture as part of any sentence. Fed. R.Crim. Pro. 32.2(a). If this notice requirement is satisfied, the government may then pursue a forfeiture order by demanding either a money judgment, specific property, or substitute property. See Fed. R.Crim. Pro. 32.2(b)(1)(A) & (b)(2)(A); United States v. Candelaria-Silva, 166 F.3d 19, 42 (1st Cir.1999) (<HOLDING>); United States v. Davis, 177 F.Supp.2d 470, Options: A. recognizing that exempt property ceases to be property of the estate B. recognizing that we may not substitute our judgment for that of the alj C. recognizing that the government may seek a personal judgment specific property or substitute property D. holding that governments title to substitute property like subsection a property relates back to date of acts giving rise to forfeiture E. holding that plaintiffs may have a property interest in real property

assistant: The best answer is C. recognizing that the government may seek a personal judgment specific property or substitute property