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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by its plain terms, makes clear that a mark punishable as a counterfeit is one that suggests an erroneous origin and is, to a considerable degree, impossible to distinguish from a legitimate mark. The proximity of the phrase “substantially indistinguishable” to the term “identical” further emphasizes the degree to which a spurious mark must resemble a legitimate mark for it to be considered a counterfeit. Given the unambiguous nature of the statute’s plain language, we conclude that it easily allows an ordinary person to understand what the statute prohibits. Supporting our conclusion is the fact that the only other circuits to have considered vagueness challenges to § 2320 have similarly rejected such arguments. See United States v. McEvoy, 820 F.2d 1170, 1172-73 (11th Cir.1987) (<HOLDING>); see also United States v. Bohai Trading Co., Options: A. holding that 2320 as a whole is not unconstitutionally vague B. holding that attorney disciplinary rule was unconstitutionally vague as applied C. holding factor b is not unconstitutionally vague D. holding that exceptional depravity is unconstitutionally vague E. holding that essentially equivalent is unconstitutionally vague

assistant: The best answer is A. holding that 2320 as a whole is not unconstitutionally vague
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: Borrower will use the proceeds of the Revolver Loan (including the proceeds of any Revolver Increases), and will cause any of its Restricted Subsidiaries who receive (directly or indirectly) proceeds of such Revolver Loans to use such proceeds, to refinance the outstanding principal balance (if any) of the Existing Revolver Loans as of the Fourth Amendment and Restatement Date, together with accrued interests and fees, and for working capital, to finance capital expenditures permitted hereunder, to finance acquisitions and Investments permitted hereunder (including Permitted Acquisitions and Investments), to finance Restricted Junior Payments permitted hereunder, to support the issuance of Letters of Credit, to finance certain transactions transaction costs in connection with all of the foregoing, and other lawful corporate purposes of Borrower and its Restricted Subsidiaries permitted hereunder. No The Loan Parties will use the Letters of Credit as permitted by applicable Law. Notwithstanding anything herein to the contrary, no part of any Loan or Letter of Credit will be used (directly or indirectly) to purchase any “margin stock” as defined in, or otherwise in violation of, the regulations of the Federal Reserve System.

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: The Purchaser hereby acknowledges and agrees that the subscription hereunder is irrevocable by the Purchaser, except as required by applicable law, and that this Subscription Agreement shall survive the death or disability of the Purchaser and shall be binding upon and inure to the benefit of the parties and their heirs, executors, administrators, successors, legal representatives, and permitted assigns. If the Purchaser is more than one person, the obligations of the Purchaser hereunder shall be joint and several and the agreements, representations, warranties, and acknowledgments herein shall be deemed to be made by and be binding upon each such person and such person's heirs, executors, administrators, successors, legal representatives, and permitted assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: jurisdiction or in a district court of the United States without regard to the amount in controversy. 2 . RSA 508:4, in relevant part, provides: Except as otherwise provided by law, all personal actions, except actions for slander or libel, may be brought only within 3 years of the act or omission complained of.... 3 . The relevant portion of the subsection reads: In any action brought under this paragraph the court shall receive the records of the administrative proceedings, shall hear additional evidence at the request of a party, and, basing its decision on the preponderance of the evidence, shall grant such relief as the court determines is appropriate. 4 .RSA 541:6 states: Within thirty days after the application for a rehearing is denied, or, if the applicatio 995 (E.D.N.Y.1988) (<HOLDING>). 7 . The legislative history of the Act Options: A. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency B. holding new mexico statute of limitations for filing a 1983 action is three years C. holding that new york statute of limitations for 1983 actions was three years D. holding that a complaint filed within three years of an accident complied with the michigan court rules and was not barred by the statute of limitations even though service was made more than three years after the accident E. holding that the statute of limitations for an attorneys fees action under 1415e4b is three years

assistant: The best answer is E. holding that the statute of limitations for an attorneys fees action under 1415e4b is three years
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 Awards and payments under this Agreement are subject to withholding of all applicable taxes. Such withholding obligations shall be satisfied through amounts that the Participant is otherwise to receive upon settlement or payment. In no event will the Participant be permitted to elect to withhold amounts in excess of the minimum tax withholding requirements.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: brief, for the first time, they cite to Virginia Code § 2.2-4026, which provides a process for a state administrative appeal; Any person affected by and claiming the unlawfulness of any regulation or party aggrieved by and claiming unlawfulness of a case decision .., shall have a right to the direct review thereof by an appropriate and timely court action against the agency or its officers or agents in the manner provided by the Rules of [the] Supreme Court of Virginia. Va. Code § 2.2-4026(A). Plaintiffs do not claim the unlawfulness of any regulation. Further, the SBE’s decision to require the Statement as a precondition to voting in the Republican presidential primary may not constitute a "case decision.” See Giannoukos v. Va. Bd. of Med, 44 Va.App. 694, 607 S.E.2d 136, 138 (2005) (<HOLDING>). 28 . Because the Court discerns no likelihood Options: A. recognizing that the determination is an equitable one B. holding that appellate court is not bound by the agencys interpretation of a statute or its determination of a strictly legal issue C. holding that unless a determination by a court in a criminal case is directly attacked it remains the determination of the court whether decided rightly or wrongly D. holding that an adverse credibility determination is overturned only if each proffered reason for the determination fails E. holding that a case deci sion contemplated a determination that a named party is or may be in violation of laws or regulations in effect at the time not a determination addressing only the agencys legal duties

assistant: The best answer is E. holding that a case deci sion contemplated a determination that a named party is or may be in violation of laws or regulations in effect at the time not a determination addressing only the agencys legal duties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Second Restatement Effective Date, the Borrowers shall have paid to the Agents (and their relevant affiliates) and each Lender all costs, fees and expenses (including, without limitation, legal fees and expenses) and other compensation contemplated hereby payable to the Agents (and/or their relevant affiliates) or such Lender to the extent then due.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, an aggregate of $4.0 million of Shares and Warrants. Each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company. The Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing.

assistant: Closings
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: Constellation and its successors and/or assigns will indemnify, hold harmless, and defend Executive to the fullest extent permitted by applicable law and the Certificate of Incorporation and By-Laws of Constellation as in effect on the date of this Agreement with respect to any claims that may be brought against Executive arising out of any action taken or not taken by Executive in his capacity as an employee, officer or director of Constellation. In addition, Constellation will advance to Executive reasonable legal fees and expenses, as such fees and expenses are incurred by Executive, to the fullest extent permitted by law, subject only to any requirements as are imposed by law. Executive shall not unreasonably withhold his consent to the settlement of any claim for monetary damages for which Executive is entitled to full indemnification hereunder. Executive shall be covered, in respect of his activities as an officer or director of Constellation, by any Directors and Officers liability policy or other similar policies maintained or obtained by Constellation or any of its successors and/or assigns to the fullest extent permitted by such policies. Notwithstanding anything to the contrary contained in this Agreement, Executive’s rights under this Section 10 shall survive the Termination Date and the expiration or termination of this Agreement and shall continue without limit for so long as Executive may be subject to any claims covered by this Section 10. No amendment to the Certificate of Incorporation or By-Laws of Constellation after the date of this Agreement will affect or impair Executive’s rights under this Section 10 even with respect to any action taken or not taken by Executive after the effective date of any such amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the payment in full of the Obligations and termination of the Security Agreement, the Collateral Agent shall execute, acknowledge, and deliver to the Grantors an instrument in writing in recordable form releasing the collateral pledge, grant, assignment, lien and security interest in the Marks under this Trademark Security Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Pledgor is solvent and will not be rendered insolvent by the acquisition of the Sold MSR Excess Spread PC or by this Agreement and, after giving effect to such acquisition and this Agreement, will not be left with an unreasonably small amount of capital with which to engage in its business. Pledgor does not intend to incur, nor does it believe that it has incurred, debts beyond its ability to pay such debts as they mature and is not contemplating the commencement of insolvency, bankruptcy, liquidation or consolidation proceedings or the appointment of a receiver, liquidator, conservator, trustee or similar official in respect of such entity or any of its assets. Pledgor is not pledging any Collateral with any intent to hinder, delay or defraud any of its creditors.

assistant: Solvency
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: § 13-917(B) and instead allowed Botkin to continue on standard probation. The State filed a notice of appeal after the December 2006 ruling and a “supplemental” notice of appeal after the February 2007 ruling. The State is entitled to challenge the trial court’s refusal to apply the mandatory sentencing feature of § 13-917(B), and we have jurisdiction in accordance with Ariz. Const, art. 6, § 9, AR.S. § 12-120.21(A)(1) (2003), and § 13-4032(5) (2001). See State v. Dawson, 164 Ariz. 278, 281, 792 P.2d 741, 744 (1990) (“The trial court’s failure to impose a sentence in conformity with the mandatory provisions of the sentencing statute makes that sentence ‘illegal’ ... and therefore properly appealable.”); State v. Vargas-Burgos, 162 Ariz. 325, 326-27, 783 P.2d 264, 265-67 (App.1989) (<HOLDING>). Statutory Analysis ¶ 10 This appeal presents Options: A. holding a specific sentencing statute controls over the general sentencing provisions of section 9031 B. holding that a sentence was based on a mandatory statutory minimum sentence even though it was lowered under another statute C. holding if the plea agreement was not conditioned on the sentencing guidelines an appellant is not entitled to relief because his sentence is not illegal D. holding that a sentence not in compliance with the mandatory provisions of a sentencing statute was illegal and appealable E. holding that the statute is mandatory

assistant: The best answer is D. holding that a sentence not in compliance with the mandatory provisions of a sentencing statute was illegal and appealable
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: As determined in the discretion of the Committee, Nonemployee Directors will be eligible to be granted all types of Awards under this Plan, including discretionary Awards not covered under this Section 12. All grants of CSEs to Nonemployee Directors pursuant to this Section 12 will be automatic and nondiscretionary, except as otherwise provided herein, and will be made in accordance with the following provisions. Notwithstanding any contrary provision of the Plan, no Participant who is a Nonemployee Director may be granted Awards during any Fiscal Year having a Grant Date fair value in excess of $1,500,000 (calculated using the assumptions and methods used for recording compensation expense in the Company’s financial statements).

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 523 U.S. 206118 S.Ct. 1124140 L.Ed.2d 310 GLENDORAv.John PORZIO et al. No. 97-7300. Supreme Court of the United States March 9, 1998. PER CURIAM. 1 Pro se petitioner Glendora seeks leave to proceed in forma pauperis to file a petition for a writ of certiorari to the Second Circuit. The District Court dismissed petitioner's claims alleging violation of her due process rights and a conspiracy to violate her due process rights under 42 U.S.C. §1983 and 42 U.S.C. §1985, respectively. The claims, which arose out of a dispute with her landlord, were based on purported "sewer service'' used by her landlord's lawyers and acceptance of the affidavits of service by the state court trial judge. The Second Circuit denied petitioner's motion to proceed in forma pauperis and dismissed her appeal as frivolous. 2 We deny petitioner leave to proceed in forma pauperis. She is allowed until March 30, 1998, to pay the docketing fees required by Rule 38 and to submit her petition in compliance with Rule 33.1. For the reasons discussed below, we also direct the Clerk of the Court not to accept any further petitions for certiorari in noncriminal matters from petitioner unless she first pays the docketing fee required by Rule 38 and submits her petition in compliance with Rule 33.1. 3 Petitioner has filed 14 petitions with this Court since 1994. All have been denied without recorded dissent. In 1997, we invoked Rule 39.8 to deny petitioner in forma pauperis status. Glendora v. DiPaola, 522 U.S. ----, 118 S.Ct. 410, 139 L.Ed.2d 313 (1997). Petitioner nevertheless has filed another frivolous petition with this Court. In her petition, Glendora asserts that the state trial court judge who presided over her dispute with her landlord sanctioned "sewer service'' by her landlord's lawyers, and that the District Court and Court of Appeals sanctioned this conduct. She does not address the District Court's reasons for dismissing her complaint. 4 Accordingly, we enter this order barring prospective in forma pauperis filings by petitioner in noncriminal cases for the reasons discussed in Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 113 S.Ct. 397, 121 L.Ed.2d 305 (1992) (per curiam). 5 It is so ordered. 6 Justice STEVENS, dissenting. 7 For reasons previously stated, see Martin v. District of Columbia Court of Appeals, 506 U.S. 1, 4, 113 S.Ct. 397, 398, 121 L.Ed.2d 305 (1992), and cases cited, I respectfully dissent.

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 Security Agreement and the other Loan Documents embody the entire agreement and understanding between the Borrower and the Lender relating to the Collateral and supersedes all prior agreements and understandings between the Borrower and the Lender relating to the Collateral.

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: valid reason for departure because it is considered when scoring the sentencing guidelines. State v. Sachs, 526 So.2d 48, 50 (Fla.1988); State v. Green, 511 So.2d 734, 735 (Fla. 2d DCA 1987). Similarly, the fact that the DUI did not result in any personal injury does not support a downward departure because personal injury is taken into account by the guidelines. See Sachs, 526 So.2d at 50; see also § 921.0024, Fla. Stat. (1999) (showing victim injury as a consideration under the guidelines scoresheet). The trial court’s final reason for departure, that the DUI did not involve property damage, is not a valid reason for departure because a DUI with property damage is a separate crime under section 316.193(3), Florida Statutes (1999). Cf. Atwaters v. State, 519 So.2d 611, 612 (Fla. 1988) (<HOLDING>), and State v. Lisk, 523 So.2d 1260, 1260 (Fla. Options: A. holding apprendi does not require proof of knowledge as to type or quantity of drugs B. holding that the quantity of drugs may not be used to support a departure C. holding that the quantity of drugs involved in an offense does not support a downward departure because the legislature intended the quantity of drugs to be a determining factor in varying penalties D. holding that when the indictment charges that a certain minimum quantity of drugs is involved in the offense proof of that quantity is a fourth element of the offense E. holding the large quantity of drugs sufficient evidence of intent to distribute

assistant: The best answer is C. holding that the quantity of drugs involved in an offense does not support a downward departure because the legislature intended the quantity of drugs to be a determining factor in varying penalties
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 execution, delivery and performance by the Company of the Transaction Documents, the issuance and sale of the Purchased Shares and the consummation of the transactions contemplated by the Transaction Documents will not (i) conflict with or result in a breach or violation of any of the terms or provisions of, or constitute a default under, result in the termination, modification or acceleration of, or result in the creation or imposition of any lien, charge or encumbrance upon any property, right or asset of the Company or any other Group Company pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any other Group Company is a party or by which the Company or any other Group Company is bound or to which any property, right or asset of the Company or any other Group Company is subject, (ii) result in any violation of the provisions of the charter or by-laws or similar organizational documents of the Company or any other Group Company or (iii) result in the violation of any law or statute or any judgment, order, rule or regulation of any court or arbitrator or governmental or regulatory authority, except, in the case of clauses (i) and (iii) above, for any such conflict, breach, violation or default that would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his petition in February 1998. The district court granted this request without comment. The state was not required to (and did not) raise its statute of limitations defense until it filed an answer to Fierro’s petition. 17 . Our precedent forecloses Fierro's related argument that the AEDPA statute of limitations is unconstitutional as applied to his case because it results in a “fundamental miscarriage of justice.” See Graham v. Johnson, 168 F.3d 762, 787-88 (5th Cir.1999) (rejecting the "argument that denying federal court review of a successive habeas application alleging that constitutional violations resulted in the conviction of an innocent person contravenes due process and constitutes cruel and unusual punishment”). 18 . Cf. Felder v. Johnson, 204 F.3d 168, 171 (5th Cir.2000) (<HOLDING>); Fisher, 174 F.3d at 714 (holding that a lack Options: A. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling B. holding that mental incapacity is an extraordinary circumstance that may warrant equitable tolling C. holding that pro se status does not in itself constitute an extraordinary circumstance meriting tolling D. holding that the aedpa statute of limitations is not jurisdictional E. holding that a pro se prisoners incarceration before the enactment of the aedpa and his lack of notice of the statute of limitations does not present an extraordinary circumstance warranting equitable tolling

assistant: The best answer is E. holding that a pro se prisoners incarceration before the enactment of the aedpa and his lack of notice of the statute of limitations does not present an extraordinary circumstance warranting equitable tolling
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: does not call upon this Court to decide whether it would revoke the license in it[’]s own judgment, but whether all of the evidence presented is sufficient to justify the Attorney General’s revocation of the license.” Pinion Enters., Inc. v. Ashcroft, 371 F.Supp.2d 1311, 1315 (N.D.Ala.2005). Eighteen U.S.C. § 922(d) and 27 C.F.R. § 478.99(c) prohibit the sale of “any firearm or ammunition to any person knowing or having reasonable cause to believe that such person” is a prohibited person. There is no allegation that Laura Brady is a prohibited person under federal law. As a result, § 922(d) can only be violated if the person who was sold the gun, by straw purchase or otherwise, is a prohibited person. See Abramski v. United States, — U.S. -, 134 S.Ct. 2259, 2269, 189 L.Ed.2d 262 (2014) (<HOLDING>). As stated above, the Court finds that Laura Options: A. holding that it was appropriate for the district court to refer to the documents attached to the motion to dismiss since the documents were referred to in the complaint B. holding that seller carried insurance for benefit of buyer and held proceeds in trust for buyer when seller agreed to maintain insurance until possession date but bam burned before buyer took possession C. holding that a seller could enforce an arbitration provision against a buyer even though only the buyer had signed the provision D. holding that references in 922 refer not to the fictitious but to the real buyer E. holding that a real estate agent does not owe a buyer a duty independent of the agency relationship with the seller

assistant: The best answer is D. holding that references in 922 refer not to the fictitious but to the real buyer
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 this Agreement upon giving the other Party seven (7) days’ prior written notice of such termination pursuant to Section 10 of this Agreement. The Company may terminate this Agreement immediately and without prior notice if Consultant refuses to or is unable to perform the Services or is in breach of any material provision of this Agreement. Upon termination, any partial month of service provided under this Agreement in the last month of the Term will be considered a full month for compensation purposes.

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 legal provision and list the applicable contract clause categories. Provision: None of the parties may assign its rights or obligations under this Agreement or designate another person (i) to perform all or part of its obligations under this Agreement or (ii) to have all or part of its rights and benefits under this Agreement, in each case without the prior written consent of (x) the Company and (y) the Purchaser. In the event of any assignment in accordance with the terms of this Agreement, the assignee shall specifically assume and be bound by the provisions of the Agreement by executing a writing agreeing to be bound by and subject to the provisions of this Agreement and shall deliver an executed counterpart signature page to this Agreement and, notwithstanding such assumption or agreement to be bound by this Agreement by an assignee, no such assignment shall relieve any party assigning any interest pursuant to this Agreement from its obligations or liability pursuant to 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 legal provision and list the applicable contract clause categories. Provision: Guarantor hereby waive promptness, diligence, notice of acceptance and any other notice with respect to any of the Obligations and this Guaranty and any requirement that the Creditor or exhaust any right or take any action against Company or any other Guarantor, person or entity or any collateral. Guarantor acknowledge that it will receive direct and indirect benefits from the Agreement and financing arrangements contemplated herein and that the waiver set forth in this Section 3.3 is knowingly made in contemplation of such benefits. Guarantor hereby waives any right to revoke this Guaranty and acknowledge that this Guaranty is continuing in nature and applies to all Obligations, whether existing now or in the future.

assistant: Waivers
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: This suit is necessary for the claimed vindication of claimed federal rights. The plaintiffs have alleged ongoing violations of federal law by Attorney General Barnett and Secretary of State Hazeltine. The substance of the complaint is that Amendment E is unconstitutional and, in enforcing the unconstitutional provision, the defendants are violating plaintiffs’ rights. Specifically, the plaintiffs allege violations of the Commerce Clause, the Privileges and Immunities Clause, the Fourteenth Amendment, 42 U.S.C. § 1983, and the ADA. All allegations involve federal law and claimed violations of federal law by state officials. This case falls within the doctrine promulgated in Ex parte Young. See Board of Trustees of Arkansas A & M College v. Davis, 396 F.2d 730, 733 (8th Cir.1968) (<HOLDING>). Thus, the motion to dismiss the individually Options: A. holding that plaintiffs complaint alleging deprivation of constitutional rights guaranteed under the first and fourteenth amendments was sufficient to invoke the ex parte young exception B. holding that a state defendant has a sixth amendment right guaranteed by the fourteenth amendments due process clause to compulsory process for obtaining witnesses in his favor C. holding that fifth sixth and fourteenth amendments entitle criminal defendant to ex parte hearing on request for expert assistance D. holding despite collective allegations in complaint the complaint was not deficient under rule 8a because it stated with sufficient particularity facts establishing a causal connection between the defendants actions and the constitutional deprivation E. holding the freedom of speech assembly and petition guaranteed by the first and fourteenth amendments gives petitioner the right to hire attorneys on a salary basis to assist its members in the assertion of their legal rights

assistant: The best answer is A. holding that plaintiffs complaint alleging deprivation of constitutional rights guaranteed under the first and fourteenth amendments was sufficient to invoke the ex parte young exception
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the decree is ambiguous, “a court may consider extrinsic evidence to ascertain the parties’ intent, including the circumstances surrounding the formation of the decree.” United States v. Broad. Music, Inc., 275 F.3d 168, 175 (2d Cir.2001) (internal quotation marks omitted). In its October 23, 2012 order, the district court held that the RO “unquestionably has the power to remove elected officials” under Paragraph 5(b) of the Stipulation. United States v. Dist. Council of N.Y.C., No. 90-cv-5722, 2012 WL 5236577, at *7 (S.D.N.Y. Oct. 23, 2012). In so holding, the district court relied on its prior decision construing the Stipulation. See id. at *6-*7 (citing United States v. Dist. Council of N.Y.C., No. 90-CV-5722, 2010 WL 5297747, at *8-*9 (S.D.N.Y. Dec.21, 2010) (“Willoughby ”) (<HOLDING>)). Reviewing the Stipulation de novo, we note Options: A. holding that the parties stipulation of dismissal with prejudice was a final judgment B. holding that a defendants strategic stipulation to certain facts of the crime was not the functional equivalent of a guilty plea where the defendants stipulation did not establish guilt C. holding that the ro had been granted broad power to eradicate corruption within the union and that under paragraph 5biii of the stipulation had been specifically authorized to issue a veto if a persons conduct is inconsistent with the objectives of the stipulation D. holding that a defendants stipulation to the facts establishing guilt was the functional equivalent of guilty plea E. holding that insurer had no duly to indemnify insured in view of the parties stipulation of fact

assistant: The best answer is C. holding that the ro had been granted broad power to eradicate corruption within the union and that under paragraph 5biii of the stipulation had been specifically authorized to issue a veto if a persons conduct is inconsistent with the objectives of the stipulation
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 collision with the Seventh Amendment.” Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U.S. 355, 364, 82 S.Ct. 780, 7 L.Ed.2d 798 (1962). I agree with the several courts of appeal which have considered verdicts awarding substantial damages labeled as “nominal” and recognized the need to remand when the fact-finder’s intent is unclear. Auwood, 850 F.2d at 891-92 (“If in fact there had been an interrogatory asking whether plaintiffs had proven any damages and the jury answered ‘no,’ that answer would have been inconsistent with the answers specifying dollar amounts of damage [labeled as NOMINAL].... Had such an irreconcilable inconsistency existed, the court should have granted a new trial as to damages.”); Magnett v. Pelletier, 488 F.2d 33, 35 (1st Cir.1973) (per curiam) (<HOLDING>). Of course where the record shows no damages, Options: A. holding that nominal damages award was appropriate where the evidence supporting the damages was speculative B. holding that the right to nominal damages was waived in a breach of duty action when plaintiff failed to raise the issue of nominal damages until after the verdict C. holding that plaintiff waived the right to nominal damages in an excessive force case because nominal damages were not requested until after the verdict D. holding that award of 500 in nominal damages in section 1983 action cannot be properly regarded as nominal damages but since it is conceivable that the court misspoke itself fairness dictates a remand for further findings or articulation E. holding that the first amendment right to free speech is absolute and an award of nominal damages is required even if the defendant fails to object to the nominal damages instruction

assistant: The best answer is D. holding that award of 500 in nominal damages in section 1983 action cannot be properly regarded as nominal damages but since it is conceivable that the court misspoke itself fairness dictates a remand for further findings or articulation
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: 11.2 if you want to terminate your legal agreement with youtube , you may do so by ( a ) notifying youtube at any time and ( b ) closing your youtube account .

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) It is the stated intent and purpose of both parties at all times to reach agreement by negotiation between the City and the Company, without recourse to arbitration. In the event, however, that such dispute or difference is not settled, either party may request that the matter be referred to arbitration. The demand for arbitration must be submitted to the American Arbitration Association within sixty (60) calendar days after the date of such request, in which case the arbitration will resolve any then existing controversy or claim between the parties hereto which directly or indirectly arises out of or relates to this Contract.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse the Executive for all normal, usual and necessary expenses incurred by the Executive in furtherance of the business and affairs of the Company, including reasonable travel and entertainment, upon timely receipt by the Company of appropriate vouchers or other proof of the Executive's expenditures and otherwise in accordance with any expense reimbursement policy as may from time to time be adopted 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 case excerpt and choose the best holding from the options. Case excerpt: Plaintiff alleges Defendants breached the express warranty by failing to repair the alleged design flaw in Plaintiff David’s motorcycle. Plaintiff seeks as relief “Final injunctive relief compelling the defendant to refund the purchase price of vehicles owned by the plaintiff and the class members or, in the alternative, to replace those vehicles with substantially similar vehicles of merchantable quality.” [Complaint, DE 1, p. 19]. Under Florida law, a written warranty is treated as a contract between buyer and seller, Brennan v. Dow Chem. Co., 613 So.2d 131, 132 (Fla.Dist.Ct.App.1993) (noting that a warranty is “a voluntary contractual commitment”), and therefore may, by its terms, limit the remedies available. Council Bros., Inc. v. Ray Burner Co., 473 F.2d 400, 406 (5th Cir.1973) (<HOLDING>); Fla. Stat. § 672.316 (“Remedies for breach of Options: A. holding replacement cost provisions making payment of replacement cost dependant upon actual repair or replacement are unambiguous B. holding that 672316 and 672719 stand for the principle that parties to a contract may properly limit the remedies for a breachofwarranty to repair and replacement when such limitations are reasonable but noting that the limitation is not valid when the limitation causes the product to fail of its essential purpose C. recognizing that a principal may limit the authority of its agent and such limitation will be binding on a third party who is aware of the limitation D. holding that duration of limitation is a factor in determining whether limitation is significant E. holding that written warranty may limit a remedy to repair or replacement of parts so long as limitation is clearly expressed

assistant: The best answer is E. holding that written warranty may limit a remedy to repair or replacement of parts so long as limitation is clearly expressed
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: 414 U.S. 12 94 S.Ct. 18 38 L.Ed.2d 13 John Elwood DENNETTv.Marvin R. HOGAN, Warden. No. 72—6449. Oct. 23, 1973. PER CURIAM. 1 The petitioner is a disbarred attorney convicted of security fraud. At his trial the court appointed advisory counsel for him, finding that he qualified as an indigent. He was convicted. He later filed with a judge of the Court of Appeals a pro se request for extension of time in which to submit his brief on appeal. This was granted. But an accompanying inquiry concerning appointment of counsel to handle the appeal was ignored. His right to have appointed counsel here is clear. 18 U.S.C. § 3006A(c);* cf. Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963). Subsequently the petitioner requested another extension of time and renewed his request for appointed counsel. The Government opposed both motions; they were denied and the appeal was dismissed. The petitioner, still acting pro se, then brought this application for habeas corpus to this Court. 2 In his response to the application the Solicitor General informed the Court that it appeared that the judge below was unaware of the petitioner's initial request for counsel, and mistakenly believed that the petitioner had never filed a financial affidavit with the trial court. The Solicitor General therefore suggested that this Court should treat the application as a petition for certiorari, and grant certiorari and remand the case to the Court of Appeals for determination of whether the petitioner's appeal had been improvidently dismissed. 3 On examination of the record, we follow the suggestion of the Solicitor General, grant certiorari, vacate the judgment of the Court of Appeals, and remand the case to that court. 4 So ordered. 5 Certiorari granted and case remanded. 6 Mr. Justice REHNQUIST dissents. * Section 3006A(c) reads in part as follows: 'A person for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the United States magistrate or the court through appeal.'

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: WITH RESPECT TO ANY DISPUTE, CLAIM, ACTION, SUIT OR PROCEEDING BETWEEN THE PARTIES IN CONNECTION WITH THIS LICENSE AGREEMENT THAT, PER THIS LICENSE AGREEMENT OR APPLICABLE LAW, MAY BE BROUGHT IN A COURT, EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES AND RELEASES TO THE OTHER ITS RIGHT TO A TRIAL BY JURY AND AGREES THAT IT WILL NOT SEEK A TRIAL BY JURY IN ANY SUCH DISPUTE, CLAIM, ACTION, SUIT OR PROCEEDING.

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: All insurance policies required to be maintained by (or on behalf of) each Borrower Group Member pursuant to Section 9.1(e) have been obtained and are in full force and effect, and such insurance policies comply in all material respects with the requirements of Section 9.1(e).

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

user: 2. The Receiving Party agrees that; (b) it will not distribute, disclose or disseminate Information to any third Party without the prior consent of the Disclosing Party, and will only distribute, disclose or disseminate Information to its directors, officers, employees consultants, advisors, potential sources of financing or other representatives with a need to know such information for purposes of discussing and evaluating the Transaction and who are informed by such Receiving Party of the confidential nature of the Information;

assistant: Yes
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 issues before the arbitrator should be framed, whether Plaintiffs conduct constituted a serious act of deception, and whether that phrase was ambiguous. (See Arbitration Hr’g Tr. at 198:5-199:24, ECF NO. 83-2; see also Pl.’s Ex. 42, ECF No, 99-3.) When viewed collectively, the foregoing evidence belies Plaintiffs assertion that his arbitration.proceeding failed to afford him a meaningful opportunity to be heard on the “serious act of deception” charge. Moreover, even if the arbitration proceeding could be viewed as constitutionally deficient, Plaintiff had access to judicial review under state law in the Commonwealth Court, which the record does not indicate he ever pursued. See Pennsylvania State Police v. Pennsylvania State Troopers’ Ass’n, 540 Pa. 66, 656 A.2d 88, 89-90 (1995) (<HOLDING>). The' Third Circuit has advised that, “[i]f Options: A. holding that a court reviewing an arbitrators award in an act 111 grievance arbitration involves questions regarding 1 the jurisdiction of the arbitrator 2 the regularity of the proceedings 3 an excess of the arbitrators powers and 4 deprivation of constitutional rights B. holding that an arbitrators award should have been vacated C. holding that although party participated in arbitration even presenting argument on merits it had not waived its objection to arbitrators jurisdiction because it consistently objected to arbitrators jurisdiction throughout proceedings D. holding that an award may be in excess of the arbitrators powers if it requires the public employer to perform an act that is prohibited by law or if it does not involve legitimate terms and conditions of employment E. holding that determination of the parameters and scope of an arbitrators award which involved an analysis of the interplay between various contract provisions was a matter for the arbitrator to decide not the courts

assistant: The best answer is A. holding that a court reviewing an arbitrators award in an act 111 grievance arbitration involves questions regarding 1 the jurisdiction of the arbitrator 2 the regularity of the proceedings 3 an excess of the arbitrators powers and 4 deprivation of constitutional rights