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: a new clock for filing charges alleging that act.” Id. at 102, 122 S.Ct. 2061. See also Rivera v. P.R.A.S.A., 331 F.3d 183, 188-89 (1st Cir.2003); Figueroa-Garay v. Municipality of Rio Grande, 364 F.Supp.2d 117, 125 (D.P.R.2005). Therefore, “[discrete discriminatory acts are not actionable if time barred, even when they are related to acts alleged in timely filed charges.” Arroyo-Audifred v. Verizon Wireless, Inc., 431 F.Supp.2d 215, 219 (D.P.R.2006). Examples of “discrete acts” include: failure to renew contract, failure to hire for new position, suspensions from employment, deprivation of duties, failure to select plaintiff for unannounced employment positions, written counseling, and proposed admonishments and reprimands. See Ruiz-Sulsona v. U.P.R., 334 F.3d 157, 160 (1st Cir.2003) (<HOLDING>); Rivera-Torres v. Ortiz Velez, 306 F.Supp.2d Options: A. holding that failure to promote claim requires that plaintiff apply for the position sought and granting summary judgment on title vii failure to promote claim where plaintiff did not apply for higher position quotation marks and citations omitted B. holding that failure to pay obligations under a contract is a material breach as a matter of law when parties explicitly state in the contract that failure to pay warrants termination C. holding that failure to renew a contract and failure to hire for a new position were discrete acts of discrimination pursuant to morgan D. holding that failure to renew contract was adverse employment action E. recognizing failure to renew contract as adverse action

assistant: The best answer is C. holding that failure to renew a contract and failure to hire for a new position were discrete acts of discrimination pursuant to morgan
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a sentencing statute does not define its character.”). Likewise, the constitutionally-mandated minimum standard of proof that the government must satisfy in order to impose constraints upon an individual’s liberty interests beyond those that flow solely from the criminal conviction is ascertained by reference, inter alia, to the nature of the affected liberty interests and the manner in which they are constrained, see Commonwealth v. Maldonado, 576 Pa. 101, 109, 838 A.2d 710, 714-15 (2003), rather than to the statutory placement and labeling of the provisions through which the additional constraints are imposed. Indeed, we ought particularly to guard against resort to formal considerations where, as here, additional prison time rests in the balance. Cf. id., 838 A.2d at 715 (<HOLDING>). More convincing, in my view, is the Options: A. holding the act is civil not eriminal in nature and refusing to adopt the beyondareasonabledoubt burden of proof applicable in criminal cases B. recognizing criminal forfeiture as an aspect of punishment C. recognizing that the beyondareasonabledoubt standard of proof is appropriate in criminal cases due to the gravity of the private interests affected and the severe societal loss that occurs when an individual is erroneously subject to criminal punishment D. holding that the right to confront and to crossexamine is not absolute and may in appropriate cases bow to accommodate other legitimate interests in the criminal trial process E. holding that civil settlements have no bearing on decisions of criminal punishment and imposition of a restitution order is a form of punishment and part of a criminal sentence

assistant: The best answer is C. recognizing that the beyondareasonabledoubt standard of proof is appropriate in criminal cases due to the gravity of the private interests affected and the severe societal loss that occurs when an individual is erroneously subject to criminal punishment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, the Member, Parent and the Company will be entitled to specific performance under this Agreement. The Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations described in the foregoing sentence and hereby agrees to waive in any action for specific performance of any such obligation the defense that a remedy at law would be adequate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, would reasonably be expected, individually or in the aggregate, result in a Material Adverse Effect. As of the most recent valuation date for any Plan, the funding target attainment percentage (as defined in Section 430(d)(2) of the Code) is 60% or higher and neither Holdings nor any ERISA Affiliate knows of any facts or circumstances that would reasonably be expected to result in the funding attainment percentage dropping below 60% as of the most recent valuation date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that by denying the relief requested in his complaint, the district court violated the ADA and the Fourteenth Amendment. Mr. Firstenberg’s arguments in this regard are founded on a misunderstanding of the law, and they provide no basis for reversal. {36} As an initial matter, Mr. Firstenberg’s complaint, having failed to allege that Defendants’ conduct amounted to a constitutionally impermissible state actio helley v. Kraemer, 334 U.S. 1, 14 (1948), stated a contrary position, the Supreme Court has since modified its position. Compare id. (stating that the actions of state courts and their judicial officers “is to be regarded as [an] action of the [s]tate within the meaning of the Fourteenth Amendment”), with Lugar v. Edmondson Oil Co., 457 U.S. 922, 928, 937, 939 n.21 (1982) (<HOLDING>). See King, 174 P.3d at 671 (recognizing that Options: A. recognizing that the nexus between the place to be searched and the items to be seized may be established by the nature of the item and the normal inferences of where one would likely keep such evidence internal quotation marks omitted B. holding that a statute must be construed so that no part of the statute is rendered surplusage or superfluous internal quotation marks and citation omitted C. holding that state action occurs when inter alia the party charged with the deprivation is a person who may fairly be said to be a state actor D. holding that supervisory liability under 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act internal quotation marks omitted E. recognizing that the party charged with the deprivation of a federal right must be a person who may fairly be said to be a state actor and rejecting the notion that a private partys mere invocation of state legal procedures satisfies the stateactor requirement internal quotation marks and citation omitted

assistant: The best answer is E. recognizing that the party charged with the deprivation of a federal right must be a person who may fairly be said to be a state actor and rejecting the notion that a private partys mere invocation of state legal procedures satisfies the stateactor requirement internal quotation marks and citation omitted
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: appeal that the residual provision of the ACCA is void for vagueness and that his previous convictions for third-degree burglary and fourth-degree aggravated assault are not violent felonies. “We review de novo a challenge to the constitutionality of a statute.” United States v. Bowers, 594 F.3d 522, 527 (6th Cir.2010). The residual clause of the ACCA, referring to a previous offense that “otherwise involves conduct that presents a serious potential risk of physical injury to another,” 18 U.S.C. § 924(e)(2)(B)(ii), has been held by the Supreme Court to not be unconstitutionally vague. Rather, the clause provides guidance that allows a person to conform his conduct to the law. See Sykes v. United States, — U.S. -, -, 131 S.Ct. 2267, 2277, 180 L.Ed.2d 60 -39 & n. 2 (6th Cir.2011) (<HOLDING>). The district court’s judgment is Options: A. holding that fourthdegree aggravated assault is a violent felony B. holding that coerced sex is violent felony C. holding that thirddegree burglary is a violent felony D. holding that burglary is violent felony E. holding reclassification impermissible where underlying felony of attempted thirddegree murder with a firearm was aggravated assault and aggravated assault includes the use of a deadly weapon as a necessary element

assistant: The best answer is A. holding that fourthdegree aggravated assault is a violent felony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Except as specifically provided for herein, this Agreement does not confer any right, license, interest or title in, to or under the Disclosing Party's Confidential Information to the Receiving Party. No license is hereby granted to the Receiving Party, by estoppel or otherwise, under any patent, trademark, copyright, trade secret or other proprietary rights of the Disclosing Party. Title to the Disclosing Party's Confidential Information shall remain solely in the Disclosing Party.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: - the subscriber 's name , address , and telephone number , and a statement that the subscriber consents to the jurisdiction of federal district court for the judicial district in which the address is located , or if the subscriber 's address is outside of the united states , for any judicial district in which 9gag may be found , and that the subscriber will accept service of process from the person who provided a notification of claimed infringement as set forth above or an agent of such person .

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: Buyer shall be solely responsible for providing insurance in respect of the Acquired Assets and for any claims made in connection with any losses from and after the Closing. Without limiting the rights of Buyer set forth elsewhere in this Agreement, if any claims are made or damages, losses or liabilities occur prior to the Closing Date that relate to any of the Acquired Assets, the Assumed Liabilities or the Facility, and such claims, or the claims associated with such damages, losses or liabilities, may be made against third-party insurance policies retained by Seller or any of its Affiliates, then Seller shall use its commercially reasonable efforts, if so requested by Buyer in writing, to ensure that after the Closing Date Buyer can file, notice and otherwise continue to pursue such claims and recover proceeds under the terms of such policies, provided, however, that Buyer will reimburse Seller or its Affiliates, as applicable, for any reasonable and documented out-of-pocket costs incurred by Seller or its Affiliates, including the payment of applicable deductible and retention amounts, from and after the Closing as a result of assisting Buyer in seeking insurance proceeds under a policy.

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: Read the case excerpt and choose the best holding from the options. Case excerpt: its findings”). The court did not abuse its discretion in removing this juror. III. SUFFICIENCY OF EVIDENCE West argues that the government presented insufficient evidence to support his convictions on both the possession with intent count under 21 U.S.C. § 841(a) and the firearm possession count under 18 U.S.C. § 924(c). Given the deferential standard we apply to review of the sufficiency of evidence to support a jury’s verdict, both of West’s claims must fail. The government presented live testimony from two witnesses, Crockett and Scott, identifying West as the ringleader of the drug sale activity at 1204 North 13th Street on the basis of their personal knowledge. A “rational trier of fact” could have found that this evidence established West’s possession with intent to d Cir.2004) (<HOLDING>). We cannot agree that this evidence was Options: A. holding sufficient to support conviction under 924c evidence of loaded assault rifle recovered from location near where defendants drug transactions were known to occur B. holding that evidence is sufficient for 924c conviction where it shows weapons proximity to drugs and its accessibility C. holding that a city which brought an action for forfeiture of firearms recovered from a drug suspects residence was collaterally estopped from introducing evidence of drug possession thus it could not prove the firearms were used in drug transactions and could not forfeit them D. holding exigent circumstances found because detailed affidavit alleged drug transactions were conducted near the bathroom for quick disposal of the evidence E. holding sufficient to support conviction under 924c evidence of loaded firearm recovered from defendants room during execution of search warrant for drugs

assistant: The best answer is A. holding sufficient to support conviction under 924c evidence of loaded assault rifle recovered from location near where defendants drug transactions were known to occur
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to compel sterilization. According to the 2002 Country Report on Human Rights Practices, one parent in families with two children may be “encouraged” to undergo sterilization, but sterilization is not required. The reports depict the Chinese government as generally pursuing its family planning goals through economic incentives, delayed family licenses, the imposition of fines, and the imposition of mandatory birth control such as intrauterine devices or implants. Since the reports do not show that Zheng would be in danger of this procedure upon return to China, we find no substantial evidence that would warrant reversing the holding of the BIA. B. Zheng claims that he was denied his right to due process under the Fifth Amendment. See Lu v. Ashcroft, 259 F.3d 127, 131 (3d Cir.2001) (<HOLDING>). Zheng alleges that the IJ denied his petition Options: A. holding that confrontation clause protections do not extend to sentencing hearings B. holding that various fifth and sixth amendment protections apply to juvenile proceedings C. holding that neither rule 11 nor the protections of boykin apply to probation revocation hearings and observing that less process is due in prison disciplinary proceedings than in probation revocation hearings D. holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel E. holding that aliens in deportation hearings enjoy due process protections under the fifth amendment

assistant: The best answer is E. holding that aliens in deportation hearings enjoy due process protections under the fifth amendment
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: adequate equipment available. Moreover, a common carrier is not required to provide the types of services that United provided for General Mills in the present case, although it is plainly permitted to do so. Thus, whether or not a common carrier could provide the transportation services that United provided to General Mills is not the issue; the issue is whether, by requiring such service, the actual carriage was tailored to meet a shipper’s particular needs in the context of an on-going contractual relationship. See, e.g., International Detective Service, Inc. v. ICC, 198 U.S.App.D.C. 334, 613 F.2d 1067, 1074 (1979). The continuing nature of the contractual relationship is particularly important. See, e.g., ZoneSkip, Inc. v. United Parcel Service, Inc., 8 I.C.C.2d 645, 654-55 (1992) (<HOLDING>), petition for review denied sub nom. ZoneSkip, Options: A. holding that bill of lading not charterparty governed contract dispute between carrier and shipper B. holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier C. holding fact that the carrier provides substantially identical services to a certain largevolume common carriage shipper as it offers to its contract carriage customers does not threaten the character of its valid contract carriage service D. holding that even though certain corporate formalities had not been complied with in the execution of the subject contract the corporation had knowledge of the existence of the contract and treated it as a valid and binding contract and thus ratified the contract by accepting the benefits thereunder E. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract

assistant: The best answer is C. holding fact that the carrier provides substantially identical services to a certain largevolume common carriage shipper as it offers to its contract carriage customers does not threaten the character of its valid contract carriage service
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THE PARTIES TO THIS AGREEMENT EACH HEREBY WAIVE, AND AGREE TO CAUSE THEIR AFFILIATES TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION (A) ARISING UNDER THIS AGREEMENT OR (B) IN ANY WAY CONNECTED WITH OR RELATED OR INCIDENTAL TO THE DEALINGS OF THE PARTIES HERETO IN RESPECT OF THIS AGREEMENT OR ANY OF THE TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. THE PARTIES TO THIS AGREEMENT EACH HEREBY AGREES AND CONSENTS THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF ACTION SHALL BE DECIDED BY COURT TRIAL WITHOUT A JURY AND THAT THE PARTIES TO THIS AGREEMENT MAY FILE AN ORIGINAL COUNTERPART OF A COPY OF THIS AGREEMENT WITH ANY COURT AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO TO THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY.

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: Complete books and records with respect to the ABL Collateral of the Credit Parties are kept at or (in the case of computerized records) can be accessed from the locations set forth on Schedule 3.21 (which Schedule 3.21 shall be promptly updated by the Credit Parties upon notice to Agent as permanent Collateral locations change).

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 legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS FOR ITSELF AND ITS PROPERTY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT TO THE EXCLUSIVE GENERAL JURISDICTION OF THE SUPREME COURT OF THE STATE OF NEW YORK FOR THE COUNTY OF NEW YORK (THE “ NEW YORK SUPREME COURT ”), AND THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK (THE “ FEDERAL DISTRICT COURT ,” AND TOGETHER WITH THE NEW YORK SUPREME COURT, THE “ NEW YORK COURTS ”) AND APPELLATE COURTS FROM EITHER OF THEM; PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL BE DEEMED OR OPERATE TO PRECLUDE (I) ANY AGENT FROM BRINGING SUIT OR TAKING OTHER LEGAL ACTION IN ANY OTHER JURISDICTION TO REALIZE ON THE COLLATERAL OR ANY OTHER SECURITY FOR THE OBLIGATIONS (IN WHICH CASE ANY PARTY SHALL BE ENTITLED TO ASSERT ANY CLAIM OR DEFENSE, INCLUDING ANY CLAIM OR DEFENSE THAT THIS SECTION 23 WOULD OTHERWISE REQUIRE TO BE ASSERTED IN A LEGAL ACTION OR PROCEEDING IN A NEW YORK COURT), OR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER IN FAVOR OF THE ADMINISTRATIVE AGENT, (II) ANY PARTY FROM BRINGING ANY LEGAL ACTION OR PROCEEDING IN ANY JURISDICTION FOR THE RECOGNITION AND ENFORCEMENT OF ANY JUDGMENT, (III) IF ALL SUCH NEW YORK COURTS DECLINE JURISDICTION OVER ANY PERSON, OR DECLINE (OR, IN THE CASE OF THE FEDERAL DISTRICT COURT, LACK) JURISDICTION OVER ANY SUBJECT MATTER OF SUCH ACTION OR PROCEEDING, A LEGAL ACTION OR PROCEEDING MAY BE BROUGHT WITH RESPECT THERETO IN ANOTHER COURT HAVING JURISDICTION AND (IV) IN THE EVENT A LEGAL ACTION OR PROCEEDING IS BROUGHT AGAINST ANY PARTY HERETO OR INVOLVING ANY OF ITS ASSETS OR PROPERTY IN ANOTHER COURT (WITHOUT ANY COLLUSIVE ASSISTANCE BY SUCH PARTY OR ANY OF ITS SUBSIDIARIES OR AFFILIATES), SUCH PARTY FROM ASSERTING A CLAIM OR DEFENSE (INCLUDING ANY CLAIM OR DEFENSE THAT THIS SECTION 23 WOULD OTHERWISE REQUIRE TO BE ASSERTED IN A LEGAL ACTION OR PROCEEDING IN A NEW YORK COURT) IN ANY SUCH ACTION OR PROCEEDING.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: skyscanner ( `` us '' , `` we '' or `` our '' as the context requires ) is a global business providing instant online travel search services ( including but not limited to flight , hotel and car hire price comparisons ) and other travel related services ( the `` skyscanner services '' ) to users throughout the world via our websites , apps and other platforms ( the `` skyscanner platforms '' ) .

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 401 U.S. 486 91 S.Ct. 991 28 L.Ed.2d 272 UNITED MINE WORKERS OF AMERICAv.Chester RAILING and Paul Railing, dba C & P Coal Company. No. 1059. March 22, 1971. PER CURIAM. 1 The petition for a writ of certiorari is granted, the judgment is vacated, and the case is remanded to the Court of Appeals for further consideration in light of Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 91 S.Ct. 795, 28 L.Ed.2d 77. Both § 303 of the Labor Management Relations Act, 1947, 61 Stat. 158, as amended, 29 U.S.C. § 187, and § 4 of the Clayton Act, 38 Stat. 731, as amended, 15 U.S.C. § 15, give a cause of action for injury to business or property. Whether suits under the two statutes are distinguishable for purposes of determining the time at which a cause of action accrues warrants further exploration by the Court of Appeals. Further attention should also be given to the question of why a § 303 cause of action has sufficiently accrued to bring suit as soon as the plaintiff suffers damage but has not sufficiently accrued to start the running of the statute of limitations on the damages already suffered and for which suit may be but is not brought. 2 THE CHIEF JUSTICE and Mr. Justice HARLAN would grant the petition for a writ of certiorari and set the case for argument on the merits.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: added.) €25 But unlike section 1988, "[nlo statutory equivalent exists under Colorado state law to enforce the state constitution." Vanderhurst v. Colo. Mountain Coll. Dist., 16 F.Supp.2d 1297, 1304 (D.Colo.1998). Nor have Colorado appellate courts "recognized an implied cause of action to enforce the provisions of the Colorado Constitution." Id. 1 26 In Board of County Commissioners of Douglas County v. Sundheim, 926 P.2d 545, 547 (Colo.1996), the supreme court analyzed whether it had "the authority to recognize an implied damages action in cases where citizens allege that government entities have violated their state constitutional rights." The court noted that under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) (<HOLDING>), two instances exist "where creation of an Options: A. recognizing private damage action for fourth amendment violations by federal officers B. recognizing implied duty to market C. recognizing an implied fourth amendment action for damages D. recognizing that court precedent has implied that the exclusionary rule is a necessary corollary of the fourth amendment E. recognizing cause of action for damages against federal agents acting under their authority who allegedly violated plaintiffs fourth amendment rights

assistant: The best answer is C. recognizing an implied fourth amendment action for damages
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall maintain, and shall require its Affiliates and sublicensees hereunder to maintain, a general liability and product liability insurance program on terms customary in the pharmaceutical industry covering all activities and obligations of it, and, as the case may be, its Affiliates, hereunder, or other programs with comparable coverage, up to and beyond the expiration or termination of this Agreement during (i) the period that any Licensed Product is being commercially distributed or sold by a Party, its Affiliates or Sublicensees, and (ii) a commercially reasonable period thereafter.

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: Read the legal provision and list the applicable contract clause categories. Provision: If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party hereto or invalidate or render unenforceable such term or provision in any other jurisdiction.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this contract applies to linkedin.com , linkedin-branded apps , slideshare , linkedin learning and other linkedin-related sites , apps , communications and other services that state that they are offered under this contract ( `` services '' ) , including the offsite collection of data for those services , such as our ads and the `` apply with linkedin '' and `` share with linkedin '' plugins .

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: Beginning immediately following the Separation Date and continuing until September 30, 2019 (the “ Consulting Term ”), Executive shall serve as a special consultant (“ Consultant ”) to the Company, and will report to and perform duties assigned by the Company’s Chief Executive Officer (the “ CEO ”) or his or her designee (hereafter, the “ Consulting Arrangement ”). Executive shall be available to provide services as a Consultant at such times and in such amounts, as requested by the CEO and/or as necessary; provided that such services shall not exceed 20% of Executive’s average amount of work time during the thirty six (36) month period prior to the Separation Date, in order to ensure that Executive’s separation from employment with the Company is considered a “ Separation from Service ” within the meaning of Section 409A of the Internal Revenue Code. The Company shall provide Executive with appropriate office space and assistance during the Consulting Term as needed and reasonably agreed by the parties.

assistant: Terms
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: ABI a party to the case before the Appellate Division. See Stelluti v. Casapenn Enters., 408 N.J.Super. 435, 443 n. 3, 975 A.2d 494 (App.Div.2009). Further, we were informed at oral argument that plaintiff's claims against Star Trac have been resolved. 7 The actual bike on which Stelluti had sustained her injury could not be identified. 8 The expert referred to the Madd Dog Athletics Johnny G. Spinning Instructor Manual. 9 The panel also found that the record presented no evidence that Powerhouse had neglected over time to maintain its equipment. Stelluti, supra, 408 N.J.Super. at 460-61, 975 A.2d 494. 10 As Delta Funding, supra, exemplifies, a finding of a high level of procedural unconscionability alone may not render an entire agreement unenforceable. 189 N.J. at 40-41, 912 A.2d 104 (<HOLDING>). 11 Tunkl references the following inquiries Options: A. holding that a contract to sell real property was unenforceable because it did not contain a sufficient description of land subject to contract B. holding contract not unconscionable where parties were of equal bargaining power plaintiff had opportunity to have an attorney review the contract the contract was clear and easily read the plaintiff had been a party to similar contracts in the past and was under no financial pressure to sign the con tract C. holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party D. holding contract one of adhesion but not unenforceable despite finding one party to possess greater sophistication and bargaining power E. holding that there was only minimal procedural unconscionability despite defendants overwhelming bargaining power its concession that the contract was nonnegotiable and its drafting of the contract

assistant: The best answer is D. holding contract one of adhesion but not unenforceable despite finding one party to possess greater sophistication and bargaining power
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in this case under the factors set forth in § 1003.1(a)(7)(ii). Next, Adan challenges the immigration judge’s finding that he failed to demonstrate that he suffered past persecution or that he possesses a well-founded fear of future persecution on account of a protected ground. The decision to grant or deny asylum relief is conclusive “unless manifestly contrary to the law and an abuse of discretion.” 8 U.S.C. § 1252(b)(4)(D) (2000). We conclude that the record supports the immigration judge’s conclusion that Adan failed to establish his eligibility for asylum on a protected ground. See 8 C.F.R. § 1208.13(a) (2003) (stating that the burden of proof is on the alien to establish his eligibility for asylum); INS v. EliasZacarías, 502 U.S. 478, 483, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (<HOLDING>) (emphasis in original). As the decision in Options: A. holding the fact that petitioners had been the victims of criminal activity in russia is not a basis for asylum unless their harassers knew of and pursued them because of race religion nationality membership in a particular group or political opinion B. holding that a petitioners unwillingness to return must be based upon persecution or a wellfounded fear of persecution on account of race religion nationality membership in a particular social group or political opinion C. holding that evidence that the petitioner had a political opinion that he expressed it to his persecutors and that they threatened him only after he expressed his opinion compelled the conclusion that the threats were connected to his political opinion and not only to his failure to provide money in response to demands from the persecutors that predated his expression of his political opinion D. holding that the alien must show that the record compels the conclusion that he has a wellfounded fear that the guerrillas will persecute him because of his political opinion or membership in a social group rather than because of his refusal to fight with them E. holding that attempted conscription by a guatemalan guerrilla group did not constitute persecution on account of a political opinion where petitioner failed to show that the group was motivated by his political opinion

assistant: The best answer is D. holding that the alien must show that the record compels the conclusion that he has a wellfounded fear that the guerrillas will persecute him because of his political opinion or membership in a social group rather than because of his refusal to fight with them
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 of the Participant’s rights to the DERs are fully vested on the Date of Grant and the Participant shall be entitled to receive a cash payment equal to any ordinary dividends paid to holders of Shares on the date that such dividend is paid to the holders of Shares.

assistant: Vesting
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 Plan shall be effective as of the Effective Date. The expiration date of the Plan, on and after which date no Awards may be granted hereunder, shall be the tenth (10 th ) anniversary of the Effective Date; provided, however , that such expiration shall not affect Awards then outstanding, and the terms and conditions of the Plan shall continue to apply to such Awards.

assistant: Effective Dates
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: See, e.g., In re Tri-State Crematory Lit., 215 F.R.D. 660, 692 (N.D.Ga.2003) (finding predominance requirement satisfied with respect to breach of contract claim); Winkler v. DTE, Inc., 205 F.R.D. 235, 243 (D.Ariz.2001) (rejecting argument that individual issues would predominate breach of contract claim where standard form contracts were at issue); Heartland Communications, Inc. v. Sprint Corp., 161 F.R.D. 111, 117-18 (D.Kan.1995) (finding individual issues would predominate breach of contract claim). This is especially true in light of the fact that the proof will overlap somewhat on plaintiffs’ antitrust conspiracy claim and their breach of contract claim. See, e.g., George Lussier Enters. v. Subaru of New England, Inc., No. 99-109-B, 2001 WL 920060, at *19-*20 (D.N.H. Aug.3, 2001) (<HOLDING>). 3. Superiority The requirement that a class Options: A. holding the predominance requirement for breach of contract claim was met in part because a certifiable antitrust claim involved the same facts B. holding that the plaintiffs breach of contract claim was properly a statutory claim under the personnel management act C. holding that a breach of contract claim against one defendant related back to interference with contract claim against that defendant and breach of contract claim against second defendant because it was based on same set of operative facts D. holding that breach of contract claim related back to misrepresentation claim because operative facts upon which the breach of contract claim was based were contained in the misrepresentation counts of the original complaint E. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract

assistant: The best answer is A. holding the predominance requirement for breach of contract claim was met in part because a certifiable antitrust claim involved the same facts
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: defendant’s backpack would contain equipment necessary to a methamphetamine laboratory.” Again, we disagree. Defendant’s backpack was found in the trunk of the car among items commonly used to manufacture methamphetamine, and defendant had behaved nervously when Dahl began his search of the car. When Dahl called in the narcotics team to complete the search, he already had found the “chemicals” book in defendant’s area of the front seat as well as a bindle apparently containing a controlled substance in the fanny pack defendant was wearing. As a consequence, the searching officers reasonably believed that the backpack contained evidence of one or more crimes, in particular, the manufacture or possession of methamphetamine. See State v. Bingman, 162 Or App 615, 620-21, 986 P2d 676 (1999) (<HOLDING>); see also State v. Nevel, 126 Or App 270, 278, Options: A. holding that a search of a students purse that was not based on probable cause did not violate the fourth amendment B. holding that probable cause to believe certain individuals were members of a conspiracy did not give probable cause to search the contents of the room in which they were arrested C. holding that where other evidence established probable cause to believe that the defendant possessed controlled substances investigating officers had probable cause to search the defendants purse for similar evidence D. holding among other things that the officers observations that the defendant was under the influence of a controlled substance without more did not establish probable cause to believe that the defendant had committed a crime E. holding that there was probable cause for the issuance of a search warrant where the officers corroboration of events that occurred during the controlled buy as set forth in the affidavit provide sufficient probable cause

assistant: The best answer is C. holding that where other evidence established probable cause to believe that the defendant possessed controlled substances investigating officers had probable cause to search the defendants purse for similar evidence
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 may be executed in any number of counterparts and by the different parties hereto on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Security Agreement. Receipt of an executed signature page to this Security Agreement by electronic transmission shall constitute effective delivery thereof. Electronic records of executed Transaction Documents maintained by the Secured Party shall be deemed to be originals thereof.

assistant: Counterparts
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 is the intention of both the Company and Executive that the benefits and rights to which Executive could be entitled pursuant to this Agreement comply with Section 409A, to the extent that the requirements of Section 409A are applicable thereto, and the provisions of this Agreement shall be construed in a manner consistent with that intention.

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 case excerpt and choose the best holding from the options. Case excerpt: court “shall impose” the presumptive term “unless the preponderance of aggravating or mitigating factors, as set forth in [N.J.S.A. 2C:44-1] a and b., weighs in favor of a higher or lower term” within the statutory range. N.J.S.A 2C:44 — 1(f)(1). Thus, in considering the applicability of the thirteen aggravating and thirteen mitigating factors in N.J.S.A. 2C:44-l(a) and (b), the presumptive term is the pivot point for moving a sentence up or down within the statutory range. State v. Kromphold, 162 N.J. 345, 352, 744 A.2d 640 (2000) (“The Code confers on a sentencing court the limited power to depart from the presumptive terms in N.J.S.A. 2C:44-1f(1) if it finds a preponderance of aggravating or mitigating factors.”); see also State v. Dalziel, 182 N.J. 494, 503, 867 A.2d 1167 (2005) (<HOLDING>). “If the mitigating and aggravating factors Options: A. holding that trial judges do not have discretion to reject a mitigating factor altogether despite evidence in the record B. holding that a trial court must not preclude the jury from considering any aspect of the defendants character or circumstances as a mitigating factor C. holding that trial court retains wide discretion to apply or reject mitigating and aggravating factors as well as to interpret meaning of individual factors and its determination must be upheld absent abuse of discretion D. holding that it was appropriate for the trial court to find that lack of a prior criminal record was not a mitigating factor in light of the violent nature of the crime committed E. holding that counsel cannot be found ineffective for failing to pursue a particular mitigating factor where despite a reasonable investigation by counsel counsel was not put on notice of any such mitigating evidence

assistant: The best answer is A. holding that trial judges do not have discretion to reject a mitigating factor altogether despite evidence in the record
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: within a third-party competitor protest, as in this case, the court will decide whether the change was within the “scope of the competition.” See John Cibinic, Jr. & Ralph C. Nash, Jr., Administration of Government Contracts 384, 388 (3d ed.1995). “CICA sets forth no standard for determining when modification of an existing contract requires a new competition or falls within the scope of the original competitive procurement.” Wiltel, 1 F.3d at 1205. The question the Federal Circuit has undertaken, therefore, is whether a contract as modified has materially departed from the scope of that contract as originally procured. Id. “[A] broad original competition may validate a broader range of later modifications without further bid procedures.” Id.; see Phoenix Air, 46 Fed.Cl. at 105-06 (<HOLDING>); Astronautics Corp. of Am., Comp. Gen. Dec. Options: A. holding a task order for expanded flight services for the navy was within the scope because the contract was to cover services worldwide B. holding there were no grounds for challenging in a termination proceeding the alleged failure to comply with the ada in the provision of services because services are not required by the termination statute C. holding contract for personal services is not assignable D. recognizing that generally services that benefit debtor are services that facilitate completion of a case E. holding that plaintiff who provided similar services which were arguably attendant care services under state law fell within the exemption

assistant: The best answer is A. holding a task order for expanded flight services for the navy was within the scope because the contract was to cover services worldwide
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower hereby indemnifies each of the Lenders against any loss or expense (including any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain a LIBOR Rate Loan made to the Borrower or from fees payable to terminate the deposits from which such funds were obtained, but excluding loss of profit) which may arise or be attributable to each Lender’s obtaining, liquidating or employing deposits or other funds acquired to effect, fund or maintain any Term Loan to the Borrower (a) as a consequence of any failure by the Borrower to make any payment when due of any amount due hereunder in connection with a LIBOR Rate Loan, (b) due to any failure of the Borrower to borrow, continue or convert into a LIBOR Rate Loan on a date specified therefor in a Notice of Borrowing or Notice of Conversion/Continuation or (c) due to any payment, prepayment or conversion of any LIBOR Rate Loan made to the Borrower on a date other than the last day of the Interest Period therefor. The amount of such loss or expense shall be determined, in the applicable Lender’s sole discretion, based upon the assumption that such Lender funded its Term Loan Percentage of the LIBOR Rate Loans in the London interbank market and using any reasonable attribution or averaging methods which such Lender deems appropriate and practical. A certificate of such Lender setting forth the basis for determining such amount or amounts necessary to compensate such Lender shall be forwarded to the Borrower through the Administrative Agent and shall be conclusively presumed to be correct save for demonstrable error.

assistant: Indemnity