flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 423 U.S. 1 96 S.Ct. 23 46 L.Ed.2d 1 UNITED STATES, Plaintiff,v.State of MAINE et al. No. 35, Orig. Supreme Court of the United States October 6, 1975 1 On Joint Motion for Entry of Decree. DECREE 2 Oct. 6, 1975. 3 The joint motion for entry of a decree is granted. 4 For the purpose of giving effect to the decision and opinion of this Court announced in this case on March 17, 1975, 420 U.S. 515, 95 S.Ct. 1155, 43 L.Ed.2d 363, it is Ordered, Adjudged, and Decreed as Follows: 5 1. As against the defendant States of Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, the United States is entitled to all the lands, minerals, and other natural resources underlying the Atlantic Ocean more than three geographic miles seaward from the coastlines of those States and extending seaward to the edge of the Continental Shelf. None of the defendant States is entitled to any interest in such lands, minerals, and resources. As used in this decree, the term 'coastline' means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters. 6 2. As against the United States, each defendant State is entitled to all the lands, minerals, and other natural resources underlying the Atlantic Ocean extending seaward from its coastline for a distance of three geographic miles, and the United States is not entitled, as against any of the defendant States, to any interest in such lands, minerals, or resources, with the exceptions provided by § 5 of the Submerged Lands Act of 1953, 67 Stat. 32, 43 U.S.C. § 1313. 7 3. Jurisdiction is reserved by this Court to entertain such further proceedings, including proceedings to determine the coastline of any defendant State, to enter such orders, and to issue such writs as may from time to time be deemed necessary or advisable to give proper force and effect to this decree. The United States or any defendant State may invoke the jurisdiction so reserved by filing a motion in this Court for supplemental proceedings.

assistant: 10
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: surviving spouse, or so long as the survivor elects to use or occupy the same as a homestead”), now codified at Tex. Estates Code Ann. §§ 102.003, 102.005 (West 2014). 12 . See 11 U.S.C. § 522(b)(1), (3) (allowing debtor to exempt property under applicable state law); Tex. Prop.Code Ann. § 41.001 (providing homestead exemption under Texas law that is unlimited in amount). 13 . Pub.L. No. 109-8, § 322, 119 Stat. 23, 96-97 (2005). 14 . Wallace v. Rogers (In re Rogers), 513 F.3d 212, 217 (5th Cir.2008). 15 . The Judicial Conference of the United States adjusted the dollar amount from $125,000 to $136,875 in 2007, from $136,875 to $146,450 in 2010, and from $146,450 to $155,675 in 2013. Id. at 217 n. 2 (citing 72 Fed.Reg. 7082-01 (Feb. 14, 2007)); 78 Fed. Reg. 12089-01 (Feb. 21, 773 (1942) (<HOLDING>). 28 . See Benchmark Bank v. Crowder, 919 Options: A. holding that state rights are equivalent to federal rights in this area B. holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel C. holding that it is well settled that while one tenant in common may acquire homestead rights in the common property the rights so acquired are not superior to the rights and remedies of the other joint owners he can acquire no such rights as will prejudice or in anywise interfere with the rights of the other tenants in common D. recognizing that unit owners own the common elements in fee as tenants in common E. holding that where an individual is deprived of liberty or property interests in violation of article of the state declaration of rights he may enforce those rights by a common law action for damages

assistant: The best answer is C. holding that it is well settled that while one tenant in common may acquire homestead rights in the common property the rights so acquired are not superior to the rights and remedies of the other joint owners he can acquire no such rights as will prejudice or in anywise interfere with the rights of the other tenants in common
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH BORROWER SHALL INDEMNIFY AND HOLD HARMLESS LENDER, EACH OTHER SECURED PARTY AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND ATTORNEYS (THE “INDEMNITEES”) AGAINST ANY CLAIMS THAT MAY BE INCURRED BY OR ASSERTED AGAINST ANY INDEMNITEE, INCLUDING CLAIMS ASSERTED BY BORROWERS OR ANY OTHER PERSON OR ARISING FROM THE NEGLIGENCE OF AN INDEMNITEE. In no event shall any party to a Loan Document have any obligation thereunder to indemnify or hold harmless an Indemnitee with respect to a Claim that is determined in a final, non-appealable judgment by a court of competent jurisdiction to result from the gross negligence or willful misconduct of such Indemnitee.

assistant: Indemnity
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: LENDER AND CREDIT PARTIES, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE, IRREVOCABLY, THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE REVOLVING NOTE, THE FEE NOTE, ANY LOAN DOCUMENT OR ANY OF THE OBLIGATIONS, THE COLLATERAL, OR ANY OTHER AGREEMENT EXECUTED OR CONTEMPLATED TO BE EXECUTED IN CONJUNCTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT OR COURSE OF DEALING IN WHICH LENDER AND CREDIT PARTIES ARE ADVERSE PARTIES. THIS PROVISION IS A MATERIAL INDUCEMENT FOR LENDER GRANTING ANY FINANCIAL ACCOMMODATION TO BORROWER.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Until such time, if any, that this Agreement is filed by the Company with the SEC, Employee agrees to maintain in complete confidence the existence of this Agreement, the contents and terms of this Agreement, and the consideration for this Agreement (hereinafter collectively referred to as “Separation Information”). Except as required by law, until such time, if any, that this Agreement is filed by the Company with the SEC, Employee may disclose Separation Information only to his immediate family members, the Court in any proceedings to enforce the terms of this Agreement, Employee’s attorney(s), and Employee’s accountant and any professional tax advisor to the extent that they need to know the Separation Information in order to provide advice on tax treatment or to prepare tax returns, and must prevent disclosure of any Separation Information to all other third parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries to be provided by the Holders hereunder, including, without limitation, any Notice of Conversion, shall be in writing and delivered personally, by facsimile, or sent by a nationally recognized overnight courier service, addressed to the Company, at the address set forth above, facsimile number (704) 366-2463, Attn: Chief Executive Officer or such other facsimile number or address as the Company may specify for such purpose by notice to the Holder delivered in accordance with this Section. Any and all notices or other communications or deliveries to be provided by the Company hereunder shall be in writing and delivered personally, by facsimile, or sent by a nationally recognized overnight courier service addressed to each Holder at the facsimile number or address of such Holder appearing on the books of the Company, or if no such facsimile number or address appears, at the principal place of business of the Holder. Any notice or other communication or deliveries hereunder shall be deemed given and effective on the earliest of (i) the date immediately following the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in this Section or by electronic mail, receipt confirmed in each case, (ii) the second Business Day following the date of mailing, if sent by nationally recognized overnight courier service, or (iii) upon actual receipt by the party to whom such notice is required to be given.

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: CURIAM. Melvin Antonio Burl, a federal prisoner, seeks to appeal the district court’s order denying his motion filed under 28 U.S.C. § 2255 (2000) as untimely. We previously remanded this case to the district court for the limited purpose of determining when Burl delivered the motion to prison officials for mailing. See Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988) (<HOLDING>). On remand, the district court found that Burl Options: A. holding that prisoners legal materials are deemed filed on the date they are deposited with prison officials for mailing B. holding that an noa filed by a pro se prisoner is deemed filed on the date that the prisoner delivers it to prison authorities for mailing C. holding that prisoners notice of appeal deemed filed on date he delivered it to prison officials for mailing to court D. holding that pro se prisoners 28 usc 2254 application deemed filed for limitation purposes when deposited with prison officials for mailing E. holding that prisoners notice of appeal is deemed filed on date he delivered it to prison officials for mailing to court

assistant: The best answer is A. holding that prisoners legal materials are deemed filed on the date they are deposited with prison officials for mailing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “The significant circumstance is the trial court's action in denying the motion on the one hand, while granting the defendant a continuance on the other. This action indicates that any delay which may have occurred had the jury request been granted would not have prejudiced the legitimate interests of the prosecution or the court.”); Staten v. Maryland, 13 Md.App. 425, 430, 283 A.2d 644, 647 (1971) (stating "It is patent in the instant case the lower court did not feel that the withdrawal of the waiver would unduly delay the trial for it in fact postponed the trial, which was then not had for almost a month. Nor was there any reasonable indication that justice would be impeded by the withdrawal of the waiver.”); People v. Abrams, 211 Cal.App.2d 773, 776, 27 Cal.Rptr. 639, 641 (1963) Options: A. holding that trial court did not abuse its discretion in denying motion to continue trial three months where although trial was complex and records were voluminous court had already granted two prior continuances and continuance of three weeks was sufficient to prepare for trial B. holding that the trial court abused its discretion in not allowing defendant to withdraw his waiver of jury trial where a lengthy continuance already had been granted C. holding the trial court abused its discretion in denying the defendants motion to withdraw his guilty plea because the defendant did not admit to facts demonstrating the required mental state D. holding that trial counsel did not abuse its discretion by denying a continuance where appellant failed to specify the evidence which might have been revealed if the continuance had been granted and counsel had been afforded the opportunity to investigate further E. holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend

assistant: The best answer is B. holding that the trial court abused its discretion in not allowing defendant to withdraw his waiver of jury trial where a lengthy continuance already had been granted
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: It will not change (i) its name as it appears in the official public record in the jurisdiction of its incorporation (as contemplated by Section 9-503(a)(1) of the UCC), (ii) its status as a “registered organization” (within the meaning of Article 9 of any applicable enactment of the UCC), (iii) its organizational identification number, if any, issued by its jurisdiction of incorporation, or (iv) its jurisdiction of organization unless it shall have: (A) given the Lender at least ten (10) days’ prior written notice thereof; (B) at least three (3) Business Days prior to such change, delivered to the Lender all financing statements, instruments and other documents reasonably requested by the Lender in connection with such change or relocation and (C) solely if requested by the Lender, caused an opinion of counsel reasonably acceptable to the Lender to be delivered to the Lender to the effect that TPNA’s security interest is valid and perfected, such opinion to be in form and substance similar to the related opinion delivered on the Closing Date and otherwise reasonably acceptable to the Lender.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: court did not find, nor could it have found on this record, that lesser sanctions were insufficient to remedy unexecuted service as to the MONADA. But even if we look deeper into the matter and attempt to divine the district court’s unstated rationale, we remain unable to discern how failure to serve the MONADA under the peculiar circumstances of this case could warrant a dismissal with prejudice. As for the suggestion that Betty K’s failure to perfect service on the MONADA deprived the court of jurisdiction, we note at the outset that if the district court actually lacked jurisdiction over the vessel, the court would have lacked the power to dismiss Betty K’s claims against the vessel with prejudice. See Hertz Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126, 1133 (11th Cir.1994) (<HOLDING>); Boudloche v. Conoco Oil Corp., 615 F.2d 687, Options: A. holding that this court had jurisdiction to review a district courts order affirming a bankruptcy courts dismissal of an adversary complaint with prejudice B. holding that this court lacked preliminary authority to review the district courts jurisdiction because there was no immediately appealable order before the court C. holding that the judgment was entered without jurisdiction and was therefore a nullity D. holding that a district courts order of dismissal with prejudice was a nullity because the court lacked jurisdiction E. holding a district court lost subjectmatter jurisdiction over the merits of the case when it issued an order of dismissal without prejudice

assistant: The best answer is D. holding that a district courts order of dismissal with prejudice was a nullity because the court lacked 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 legal provision and list the applicable contract clause categories. Provision: Either party may terminate Executive’s employment for any reason upon giving written notice to the other party. Upon termination of Executive’s employment for any reason, Executive shall be entitled only to payment of Executive’s regular salary pro-rated through the termination date other than as set forth in Paragraphs 11.A and B, below. Immediately upon the termination of Executive’s employment, or upon Affinity’s request, Executive shall return to Affinity all of its and its affiliates’ property in Executive’s possession or under Executive’s control including, but not limited to, all Affinity documents, keys, credit cards, computers, cell phones, electronic devices, computer software, electronic information, Confidential and Proprietary Information (as defined in Paragraph 12 below) and all copies thereof.

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: 698, 702 (Tex.App.-Eastland 2005, pet. denied) (distinguishing Cherokee Water because trial court in Kendrick had not filed formal findings and conclusions and letter to parties contained statement that trial court intended appellate courts to rely on letter as basis for trial court’s decision). But we have determined that Cherokee Water does not apply here. And we know of no case, and Richard has not cited any case, holding that a statement of intent is required for a trial court’s prejudgment letter to constitute findings of fact and conclusions of law. In sum, the trial court’s prejudgment letter provides an extensive explanation of the basis for its ruling, which satisfies the purpose of Rule 296. See 1KB Indus. (Nigeria) Ltd. v. Pro-Line Corp., 938 S.W.2d 440, 442 (Tex.1997) (<HOLDING>); see also Tex.R. Civ. P. 206. Although the Options: A. holding that court is not required to state findings of fact and conclusions of law when denying 3582 motion B. holding that the function of the trial court on a motion for summary judgment is to determine whether issues of fact exist and not to decide the merits of the issues themselves C. holding that purpose of rule 296 is to give party a right to findings of fact and conclusions of law on issues adjudicated after trial on merits to court D. holding that on review of a motion to suppress the appellate court is to give deference to a trial courts factual findings but legal conclusions are reviewed de novo E. holding rule 296 satisfied where trial court did not file requested formal findings and conclusions but issued postjudgment letter providing reasons for courts order and filed of record

assistant: The best answer is C. holding that purpose of rule 296 is to give party a right to findings of fact and conclusions of law on issues adjudicated after trial on merits to court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fails the Federal Rules of Civil Procedure’s pleading standards. The law does not support such a heightened pleading standard. A plaintiff must plead “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). In the municipal liability context, facts tailored to the specific theory of liability are unnecessary so long as a reasonable inference can be drawn from the allegations that “municipal policy or custom directly caused the complained-of constitutional injury.” Edwards v. City of Kingston, No. 1:08-CV-803 LEKRFT, 2010 WL 3761892, at *7 (N.D.N.Y. Sept. 20, 2010); see also Barnhart v. Town of Parma, 252 F.R.D. 156, 162-63 (W.D.N.Y.2008) (<HOLDING>). The amended complaint contains sufficient Options: A. holding that the complaint did not satisfy the notice pleading requirements of federal rule of civil procedure 8a because the complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment B. holding that the district court did not err in finding that the plaintiff failed to provide adequate notice of new allegations where the plaintiffs complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment C. holding that an insurers duty to defend arises from the allegations in the complaint against the insured D. holding that the plaintiffs complaint sufficed ajlthough the factual allegations did not readily reveal the theory for imposing municipal liability against the defendant E. holding that a plaintiff may present unsubstantiated factual allegations on appeal provided they are consistent with the complaint to show that the complaint should not have been dismissed

assistant: The best answer is D. holding that the plaintiffs complaint sufficed ajlthough the factual allegations did not readily reveal the theory for imposing municipal liability against the defendant
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: From and after the Closing Date, upon the request of either the Shareholders’ Representative or Parent, each of the parties hereto shall do, execute, acknowledge and deliver all such further acts, assurances, deeds, assignments, transfers, conveyances and other instruments and papers as may be reasonably required or appropriate to carry out the Contemplated Transactions. No Shareholder shall take any action that is designed or intended to have the effect of discouraging any lessor, licensor, supplier, distributor or customer of the Company or other Person with whom the Company has a relationship from maintaining the same relationship with the Company after the Closing as it maintained prior to the Closing. Each Shareholder shall refer all customer inquiries relating to the Business to the Company from and after the Closing .

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: majority thinks there are adequate educational alternatives for the disfavored race, then the fact that the institution in question has discriminated against that race is of no concern. “Context” alone cannot explain why, under the majority’s view, racial discrimination in some communities would be wrong and actionable, but in other communities, it would be acceptable and praiseworthy. I cannot join the majority’s analysis. The majority makes a second important modification and announces that in determining whether an affirmative action plan trammels rights or creates an absolute bar, we do not look at whether an individual has been denied an opportunity, but whether the individual’s racial group “within the community as a whole” has been denied an opportunity. See Maj. Op. at 844-45 (<HOLDING>); id. at 844-45 (holding that because Options: A. holding that because nothing in the record suggests that educational opportunities in hawaii are deficient for students like plaintiff who lack any native hawaiian ancestry kamehamehas admissions policy neither unnecessarily trammels the rights of nonnative hawaiians nor absolutely bars their advancement in the relevant community emphasis added B. holding in the alternative that the acf was unenforceable because it was neither attached to nor endorsed on the policy C. holding that neither a state nor its officials acting in their official capacities are persons under 1983 D. holding neither a lack of prejudice to the defendant nor the running of the statute of limitations constitutes good cause E. holding that neither the language of the statute nor its legislative history suggests that appointment is permissible only in some limited set of circumstances

assistant: The best answer is A. holding that because nothing in the record suggests that educational opportunities in hawaii are deficient for students like plaintiff who lack any native hawaiian ancestry kamehamehas admissions policy neither unnecessarily trammels the rights of nonnative hawaiians nor absolutely bars their advancement in the relevant community emphasis added
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: the arbitrator or arbitration panel , as the case may be , will apply applicable law and the provisions of this agreement and any additional terms , will determine any dispute according to applicable law and facts based upon the record and no other basis , and will issue a reasoned award .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A determination, if required by applicable law, with respect to Indemnitee’s entitlement to indemnification shall be made in accordance with the provisions of this paragraph (i). If there has not been a Change in Control, a Reviewing Party shall be selected by the Board, and if there has been such a Change in Control (other than a Change in Control which has been approved by a majority of the Board who were directors immediately prior to such Change in Control), any Reviewing Party with respect to all matters thereafter arising concerning the rights of Indemnitee to indemnification of Expenses under this Agreement or any other agreement or under the Company’s Articles of Incorporation or Bylaws as now or hereafter in effect, or under any other applicable law, if desired by Indemnitee, shall be Independent Legal Counsel selected by Indemnitee and approved by the Company (which approval shall not be unreasonably withheld). Such counsel, among other things, shall render its written opinion to the Company and Indemnitee as to whether and to what extent Indemnitee would be entitled to be indemnified hereunder under applicable law and the Company agrees to abide by such opinion. The Company agrees to pay the reasonable fees of the Independent Legal Counsel referred to above and to indemnify fully such counsel against any and all expenses (including attorneys’ fees), claims, liabilities and damages arising out of or relating to this Agreement or its engagement pursuant hereto. Notwithstanding any other provision of this Agreement, the Company shall not be required to pay Expenses of more than one Independent Legal Counsel in connection with all matters concerning a single Indemnitee, and such Independent Legal Counsel shall be the Independent Legal Counsel for any or all other Indemnitees unless: (i) the employment of separate counsel by one or more Indemnitees has been previously authorized by the Board in writing; or (ii) an Indemnitee shall have provided to the Company a written statement that such Indemnitee has reasonably concluded that there may be a conflict of interest between such Indemnitee and the other Indemnitees with respect to the matters arising under this Agreement.

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: system to have been connected with the incident under investigation. 45 C.F.R. § 1386.22(f); see also id. § 1386.22(g) (noting that the system “shall have unaccompanied access to all residents of a facility at reasonable times, which at a minimum shall include normal working hours and visiting hours” for the purposes of fully investigating alleged abuse and neglect). See Alabama Disabilities Advocacy Program v. J.S. Tarwater Developmental Ctr., 97 F.3d 492, 497 (11th Cir.1996) (“It is clear that [the DD] Act provides express authority for P & As to gain broad access to records, facilities, and resi dents to ensure that the' Act’s mandates can be effectively pursued.”); Pennsylvania Prot. & Advocacy, Inc. v. Royer-Greaves Sch. for the Blind, 1999 WL 179797, at *6 (E.D.Pa. Mar.25, 1999) (<HOLDING>); Mississippi Prot. & Advocacy System, Inc. v. Options: A. holding that although prison inmates have a first amendment right to access to the courts prison officials may regulate law library access including reasonable time place and manner of access taking into account the administrative needs of the institution B. holding that damages for diminished access are not compensable as long as suitable access remains C. holding that reasonable access includes general facility access without notice and patient access with twentyfour hour notice D. holding that prisoners have a constitutional right to meaningful access to courts and examining the facility as a whole to determine whether such access was sufficient E. holding that denial of access to carbon paper and reproduction equipment and denial of facetoface access to other inmates did not deprive an inmate of his right of access to the courts

assistant: The best answer is C. holding that reasonable access includes general facility access without notice and patient access with twentyfour hour notice
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: these terms of service ( these `` terms '' ) govern your use of the app , our website ( http://msqrd.me/ or the `` site '' ) and other features , functionality , products , and services we offer or make available ( collectively , the `` services '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, Assignor hereby assigns, sets over, and transfers to Assignee, and Assignee hereby takes and accepts from Assignor, all of Assignor’s rights, title, and interest under and pursuant to the Lease and all other rights, benefits, and privileges accruing thereunder, subject to all of the terms and conditions set forth in this Agreement.

assistant: Assignments
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: court’s disqualification of one of defendant’s attorneys where “a potential conflict of interest existed *** which may have precluded [the attorney] from properly cross-examining certain witnesses the State indicated it may call at trial”); People v. Thomas, 131 Ill. 2d 104, 111, 545 N.E.2d 654, 657 (1989) (stating that defendant need not show prejudice under the per se rule where his attorney had “an actual or possible conflict of professional interests”); People v. Franklin, 75 Ill. 2d 173, 176, 387 N.E.2d 685, 686 (1979) (noting that the per se rule provides that “where defense counsel is involved in an actual or potential conflict of interest, it is unnecessary for the defendant to establish actual prejudice”); People v. Kester, 66 Ill. 2d 162, 167-68, 361 N.E.2d 569, 572 (1977) (<HOLDING>). Here, at the time the issue was brought Options: A. holding that there was a valid waiver of defendants right to conflictfree representation despite the courts failure to inform the defendant of the existence of a potential conflict of interest since the defendant was well aware of the factual basis which created the conflict B. holding that a potential conflict was present necessitating reversal of defendants conviction C. holding that even a potential conflict can justify disqualification D. recognizing conflict E. recognizing the conflict

assistant: The best answer is B. holding that a potential conflict was present necessitating reversal of defendants conviction
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 Obligors and their Subsidiaries and their respective directors, officers and, to the knowledge of the Obligors, employees of the Obligors and their Subsidiaries are in compliance with all applicable Sanctions and with the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “ FCPA ”) and any other applicable anti-corruption law, in each case, in all material respects. The Obligors and their Subsidiaries have instituted and maintain policies and procedures reasonably designed to ensure continued compliance therewith.

assistant: Anti-Corruption 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: Act, the rest of the case was devoted to a statute limiting contingency fee agreements for Civil War claims. Id. Other cases have followed Nutt and Calhoun to hold that attorneys may not take a contingency interest in or a lien against claims against the United States. See United States v. Transocean Air Lines, Inc., 386 F.2d 79, 82 (5th Cir.1967) (“A contingent fee in a judgment against the United States is an assignment subject to the Anti-assignment Act.”); Kearney v. United States, 152 Ct.Cl. 202, 285 F.2d 797, 800 (1961) (“[A] contract between an attorney and a client which gives the attorney an interest in the client’s claim against the Government is exactly what the anti-assignment statute forbids.”); Pittman v. United States, 127 Ct.Cl. 173, 116 F.Supp. 576, 580 (1953) (<HOLDING>). However, Honig is not asserting a right akin Options: A. holding that nutt stands for the broad principle that any attempt to impress a lien upon the proceeds of a claim against the united states as security for the payment of an attorneys fee is within the ends to which the prohibition of the act was aimed B. holding that sovereign immunity bars an attorneys lien against the united states C. holding the beginning of a creditors action to subject an equitable estate to the payment of a judgment gives a specific lien upon the property which it is sought to reach and this lien continues while the cause is pending D. recognizing the delegation of authority to the united states attorneys E. holding that the fourth amendment does not mandate the payment of money by the united states

assistant: The best answer is A. holding that nutt stands for the broad principle that any attempt to impress a lien upon the proceeds of a claim against the united states as security for the payment of an attorneys fee is within the ends to which the prohibition of the act was aimed
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 agree that prior to initiating any formal proceedings against evernote , you will send us a notice to our attorneys at legalnotice@evernote.com and state that you are providing a `` notice of dispute . ''

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: released from jail at the time the informations were filed against him, and nothing in our Watkins opinion suggested that he was represented by counsel, that he knew informations had been filed, that he pleaded to the charges or that he was on notice of the arraignment date. Here, on the other hand, Martinez was being held in jail when the information was filed, and he had an attorney acting on his behalf. Martinez’s counsel filed a written plea of not guilty and either appeared at the arraignment on Martinez’s behalf or waived formal arraignment. Even if Martinez did not personally know that the information had been filed, arraignment conducted and pretrial scheduled, his counsel did. Martinez’s attorney’s knowledge is imputed to him. State v. Grooms, 389 So.2d 313 (Fla. 2d DCA 1980) (<HOLDING>). Thus, as Martinez’s motion to dismiss Options: A. holding that a defendant is not entitled to relief from default judgment because notice to an attorney of filing of motions and orders is constructive notice to the client even when the client did not have actual notice B. holding that when counsel was present when a trial date was announced and received written notice of the date even though the client did not receive notice the attorneys knowledge was imputed to the client C. holding that an attorneys filing a notice of appearance on behalf of his or her client constitute a waiver of service of process by the client D. holding that limitations period begins to run on date notice was received at claimants residence even if claimant did not receive it until a later date E. holding that an attorneys unexplained and willful conduct was imputed to his client and that his neglect was not so extraordinary as to justify vacating the default judgment entered against the client

assistant: The best answer is B. holding that when counsel was present when a trial date was announced and received written notice of the date even though the client did not receive notice the attorneys knowledge was imputed to the client
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 Consenting Lender represents and warrants to each of the other Parties that, as of the date such Party executes this Agreement, Transferee Joinder or Additional Party Joinder, as applicable: (i) it either (1) is the sole legal and beneficial owner of the aggregate principal amount of Claims set forth on its signature page, in each case free and clear of any pledge, lien, security interest, charge, claim, proxy, voting restriction, right of first refusal or other limitation on disposition of any kind, in each case that is reasonably expected to adversely affect such Consenting Lender’s performance of its obligations contained in this Agreement, or (2) has investment or voting discretion or control with respect to discretionary accounts for the holders or beneficial owners of the aggregate principal amount of Claims set forth on its signature page and has the power and authority to bind the beneficial owner(s) of such Claims to the terms of this Agreement; (ii) it has full power and authority to vote on and consent to all matters concerning the Claims set forth on its signature page and to exchange, assign, and transfer such Claims; (iii) it is either (1) a qualified institutional buyer as defined in Rule 144A of the Securities Act, or (2) an institutional accredited investor as defined in Rule 501(a)(1), (2), (3) or (7) under the Securities Act; (iv) any securities acquired by a Consenting Lender in connection with the Restructuring described herein and in the Term Sheet will be acquired for investment purposes and not with a view to distribution; (v) it has made no prior assignment, sale, participation, grant, conveyance or other Transfer of, and has not entered into any other agreement to assign, sell, participate, grant, convey or otherwise Transfer, in whole or in part, any portion of its right, title, or interests in any Claims that is inconsistent with the representations and warranties of such Consenting Lender herein or would render such Consenting Lender otherwise unable to comply with this Agreement and perform its obligations hereunder; and (vi) it is not relying on the Company for any legal or financial advice.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands, statements or communications (collectively, " Notices ") given or required to be given by either party to the other hereunder shall be in writing, shall be (A) delivered by a nationally recognized overnight courier, or (B) delivered personally. Any such Notice shall be delivered (i) to Tenant at the appropriate address set forth in Section 10 of the Summary, or to such other place as Tenant may from time to time designate in a Notice to Landlord; or (ii) to Landlord at the addresses set forth in Section 11 of the Summary, or to such other firm or to such other place as Landlord may from time to time designate in a Notice to Tenant. Any Notice will be deemed given on the date of receipted delivery, of refusal to accept delivery, or when delivery is first attempted but cannot be made due to a change of address for which no Notice was given. If Tenant is notified of the identity and address of Landlord's mortgagee or ground or underlying lessor, Tenant shall give to such mortgagee or ground or underlying lessor written notice of any default by Landlord under the terms of this Lease by registered or certified mail. The party delivering Notice shall use commercially reasonable efforts to provide a courtesy copy of each such Notice to the receiving party via electronic mail.

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: estoppel to remove the case from the operation of the Statute of Frauds, the party must show [ ] that the other party's refusal to carry out the terms of the agreement has resulted not merely in a denial of the rights which the agreement was intended to confer, but the infliction of an unjust and unconscionable injury and loss. In other words, neither the benefit of the bargain itself, nor mere inconvenience, incidental expenses, ete. short of a reliance injury so substantial and independent as to constitute an unjust and unconscionable injury and loss are sufficient to remove the claim from the operation of the Statute of Frauds. Whiteco Indus., Inc. v. Kopani, 514 N.E.2d 840, 845 (Ind.Ct.App.1987) (citations omitted), trans. denied; accord Oho Valley Plastics, Inc., 687 N.E.2d at 264 (<HOLDING>); Wabash Grain, Inc. v. Bank One, 718 N.E.2d Options: A. holding that even emotional damages could constitute actual damages for purposes of 2605f1a B. holding that because private plaintiffs were signatories of a breached contract they were entitled to recoveiy independent from that of the corporation but denying expectancy damages claim and not addressing claim for reliance damages C. holding that a plaintiff can seek statutory damages even in the absence of actual damages D. holding that banks damages were benefit of the bargain type damages that fail to constitute a substantial and independent injury sufficient to remove borrowers claim from the operation of the statute of frauds E. recognizing that fdutpa cases apply a benefit of the bargain damages formula

assistant: The best answer is D. holding that banks damages were benefit of the bargain type damages that fail to constitute a substantial and independent injury sufficient to remove borrowers claim from the operation of the statute of frauds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries to be provided by the Holders hereunder including, without limitation, any Notice of Conversion, shall be in writing and delivered personally, by facsimile, or sent by a nationally recognized overnight courier service, addressed to the Corporation, at the address set forth above Attention: Secretary, facsimile number [________], e-mail address Mpupach@photomedex.com or such other facsimile number, e-mail address or address as the Corporation may specify for such purposes by notice to the Holders delivered in accordance with this Section 8(a). Any and all notices or other communications or deliveries to be provided by the Corporation hereunder shall be in writing and delivered personally, by facsimile, or sent by a nationally recognized overnight courier service addressed to each Holder at the facsimile number or address of such Holder appearing on the books of the Corporation, or if no such facsimile number or address appears on the books of the Corporation, at the principal place of business of such Holder. Any notice or other communication or deliveries hereunder shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth in this Section prior to 5:30 p.m. (New York City time) on any date, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth in this Section on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (iii) the second Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (iv) upon actual receipt by the party to whom such notice is required to be given.

assistant: Notices