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: statute’s plain language and Congress’ intent in passing the statute. Ill For the reasons stated herein, the judgment of the district court is affirmed. AFFIRMED 1 . Typically, a "card check” or "neutrality” agreement is an agreement between the employer and the union "in which they agree that (a) the employer will not speak for or against the union (neutrality) and/or (b) the employer will recognize the union if it can get signed authorization cards from a majority of the unit members (card-check).” Matthew T. Bodie, The Market for Union Services: Re-framing the Debate, 94 Va. L.Rev. In Br. 23, 26-27 (2008). Neutrality agreements have been upheld by this and other courts. See Amalgamated Clothing & Textile Workers Union, AFL-CIO v. Facetglas, Inc., 845 F.2d 1250, 1253 (4th Cir.1988) (<HOLDING>) (citation and internal quotation marks Options: A. holding that the plaintiffs failed to state a cause of action under 301 of the lmra because absent an express contractual provision there is no prohibition against an employer moving its operations to another state B. holding that 301 only preempts a state law cause of action based on tortious interference with a labor agreement where courts must interpret the contract to resolve the claim C. holdingthat 301a confers jurisdiction on federal district courts over any agreement between employers and labor organizations significant to the maintenance of labor peace between them D. holding neutrality and nondiscrimination provisions of election agreement enforceable under 301 of the lmra as an agreement between an employer and a labor organization significant to the maintenance of labor peace between them E. holding state law claim preempted by 301 of labor management relations act only if application of state law requires interpretation of collective bargaining agreement

assistant: The best answer is D. holding neutrality and nondiscrimination provisions of election agreement enforceable under 301 of the lmra as an agreement between an employer and a labor organization significant to the maintenance of labor peace between 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: The Company shall employ Employee to provide the services as are customary for a public company Chief Financial Officer (“CFO”), or other title that may change from time to time. Employee hereby accepts employment, upon the terms and conditions hereinafter set forth.

assistant: Employment
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: denied the motions, and Boddie-Noell now appeals to this court. We have jurisdiction to hear Boddie-Noell’s appeal from the district court’s final judgment. 28 U.S.C.A. § 1291 (West 1993). We address each of Boddie-Noell’s arguments in turn. II. A. Boddie-Noell first requests a new trial on the basis that Richardson used his peremptory challenges to remove only men from the venire in violation of Boddie-Noell’s constitutional rights as recognized in J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 130-31, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994). See United States v. Tipton, 90 F.3d 861, 881 (4th Cir.1996) (recognizing that Fifth Amendment provides comparable protections in federal court); Edmonson v. Leesville Concrete Co., Inc., 500 U.S. 614, 623-27, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991) (<HOLDING>). Because J.E.B. is based on the same logic and Options: A. holding that peremptory challenges may not be exercised in a discriminatory manner B. holding that courts must entertain a challenge to a private litigants racially discriminatory use of peremptory challenges in a civil trial C. holding that racially discriminatory use of peremptory challenges violates the equal protection clause of the fourteenth amendment D. holding that private litigants in civil cases may not use peremptory challenges in a discriminatory manner E. holding a party alleging discrimination in the use of peremptory challenges must make a record supporting such allegation

assistant: The best answer is D. holding that private litigants in civil cases may not use peremptory challenges in a discriminatory manner
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Borrowers nor any Subsidiary owns or has any present intention of acquiring any “margin stock” as defined in Regulation U (12 CFR Part 221) of the Board (herein called “margin stock”). The proceeds of the Loans will be used primarily to replace the US Borrower’s existing bank credit facility, for working capital purposes, capital expenditures, Investments, and other purposes permitted by or not in contravention of any provision of this Agreement. None of such proceeds will be used, directly or indirectly, for the purpose, whether immediate, incidental or ultimate, of purchasing or carrying any margin stock or for the purpose of maintaining, reducing or retiring any indebtedness which was originally incurred to purchase or carry any stock that is currently a margin stock or for any other purpose which might constitute this transaction a “purpose credit” within the meaning of such Regulation U. Neither the Borrowers nor any agent acting on their behalf has taken or will take any action which might cause this Agreement to violate Regulation U, Regulation T or any other regulation of the Board or to violate the Securities Exchange Act of 1934, as amended, in each case as in effect now or as the same may hereafter be in effect.

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: Except as disclosed in the SEC Reports, there is no action, suit, proceeding, inquiry or investigation before or by any court, public board, government agency, self-regulatory organization or body pending or, to the knowledge of the Company, threatened against or affecting the Company, the Common Stock or any of the Company’s officers or directors or 5% or greater stockholders in their capacities as such.

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 case excerpt and choose the best holding from the options. Case excerpt: marks omitted). The test of federal jurisdiction is not whether the cause of action is one on which the claimant can recover, but rather whether the cause of action alleged is so patently without merit as to justify the court’s dismissal for want of jurisdiction. McGinnis v. Ingram Equip. Co., Inc., 918 F.2d 1491, 1494 (11th Cir.1990) (en banc). We liberally construe the Kinseys’ reliance on pendant party jurisdiction as an invocation of the district court’s supplemental jurisdiction. See Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir.1998) (“Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.”); see also Palmer v. Hosp. Auth. of Randolph County, 22 F.3d 1559, 1566-67 (11th Cir.1994) (<HOLDING>). Parker v. Scrap Metal Processors, Inc., 468 Options: A. recognizing that finley had been superseded by 28 usc 1367a B. holding no pendent party jurisdiction over nondiverse defendants when underlying suit brought under 42 usc 1983 C. recognizing that the supplemental jurisdiction statute 28 usc 1367a provides congressional authorization for what was formerly known as pendent party jurisdiction D. holding a district courts power to remand pendent state claims to state court is inherent in statutory authorization to decline supplemental jurisdiction under 1367c E. holding that even where primary claim is a federal question pendent party jurisdiction is not a recognized basis of jurisdiction in the seventh circuit

assistant: The best answer is C. recognizing that the supplemental jurisdiction statute 28 usc 1367a provides congressional authorization for what was formerly known as pendent party jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: cannot now plead ignorance of those terms, regardless of the apparent conflict of interest in Mr. Pulliam’s conduct as a negotiator. Finally, we must point out one additional difference between the situation at bar and the line of cases, on which the Funds hope to rely, holding that collective bargaining agreements are exceptions to the rule of construction regarding promisors’ defenses against third-party beneficiaries. Those cases all involve some type of language or arrangement between the union and the employer that is unknown to the fund or trustees. In Schneider Moving, the employees sought to invoke an ADR clause that referred only to union and employer; an analogous situation is found in Local Union 597 v. Mosbeck Indus. Equipment, Inc., 856 F.2d 837, 841-842 (7th Cir.1988) (<HOLDING>). Similarly, the court in Gerber Truck refused Options: A. holding that an employee may sue for breach of a collective bargaining agreement without the union B. holding that the present controversy concerns the plaintiffs rights under state and federal statutes which exist independently of the collective bargaining agreement and do not require interpretation of that agreement C. holding that a collective bargaining agreement to arbitrate is binding upon individual employees even when dispute involves federal cause of action D. holding that a debtorinpossession could reject a collective bargaining agreement E. holding the plain language of the collective bargaining agreement did not manifest an intent to require trustees to arbitrate contribution claims

assistant: The best answer is E. holding the plain language of the collective bargaining agreement did not manifest an intent to require trustees to arbitrate contribution claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument. Facsimile and scanned signatures shall be deemed original signatures and the parties agree that a facsimile or scanned signature shall be followed by a manually signed original if requested by either party.

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: This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when two or more counterparts have been signed by each of the parties and delivered to the other parties (including by facsimile or via portable document format (.pdf)), it being understood that all parties need not sign the same counterpart.

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: No failure to exercise and no delay in exercising on the part of the Noteholder, of any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law or under the Security Agreement.

assistant: No 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: offenses. At least six states have caselaw explicitly outlining procedures for rendering a partial verdict. See Whiteake c. 807, 450 N.E.2d 20, 23 (1983) (same); Commonwealth v. Ray, 982 S.W.2d 671, 674 (Ky.Ct.App.1998) (same); People v. Booker, 208 Mich.App. 168, 527 N.W.2d 42, 48 (1994) (approving trial court's acceptance of "partial acquittals" on the greater charges of first- and second-degree murder, while allowing defendant to be retried on lesser-included offense of manslaughter); State v. Halsey, 232 Neb. 658, 441 N.W.2d 877, 880 (1989) (noting that trial court entered not-guilty verdict on greater charge of attempted first-degree murder, but declared mistrial as to lesser charge of attempted second-degree murder); State v. Grabowski, 644 A.2d 1282, 1286 (R.I.1994) (<HOLDING>); State v. Seagroves, 691 S.W.2d 537, 541 Options: A. holding that when jury acquitted defendant on greater offense but deadlocked on lesserincluded offenses double jeopardy did not bar retrial of the lesers B. holding double jeopardy did not bar retrial where a jury could not render a verdict and a mistrial was granted C. holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense D. holding double jeopardy prohibition not applicable where jury unable to agree on greater charge but convicts on lesserincluded offense because no implied acquittal occurred on greater offense E. holding double jeopardy prohibits government appeal and retrial following valid judgment of acquittal entered by trial court after jury deadlocked on criminal contempt charge

assistant: The best answer is A. holding that when jury acquitted defendant on greater offense but deadlocked on lesserincluded offenses double jeopardy did not bar retrial of the lesers
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 entertain claims that do not meet the conditions limiting the waiver of immunity. Where a statute authorizing a claim against the United States contains time limits for filing the claim, those limits set the temporal boundaries of the consent to be sued; they grant the tribunal in which the claim is to be filed jurisdiction to entertain only those claims that are filed within the time allowed by the statute____ As stated in Simon v. United States, 244 F.2d 703, 705 (5th Cir.1957), such a time limit is an “enabling statute, evidencing a consent to be sued and fixing the time for suingQ it] is not a statute of limitation but a statute granting for a limited time the right of action afforded.” Id. at 477 (citations omitted). See also Bornholdt v. Brady, 869 F.2d 57, 67 (2d Cir.1989) (<HOLDING>). Accordingly, we hold that the 30-day period Options: A. holding that the limitations period is not tolled while a federal habeas petition is pending B. holding by implication that where a limitations period for suits against the government is mandated by congress such a statute is a limitation that affects the courts jurisdiction and cannot be equitably tolled C. holding that in statute authorizing suits against united states limits time period in which such suits may be brought united states retains its sovereign immunity as to any suits brought outside of that time period therefore court does not have subject matter jurisdiction over suit against united states that is barred by statute of limitations D. holding statute of limitations should not be equitably tolled for taxpayer who filed a refund claim after the applicable statute of limitations E. holding that fela statute of limitations is tolled by incompetence

assistant: The best answer is B. holding by implication that where a limitations period for suits against the government is mandated by congress such a statute is a limitation that affects the courts jurisdiction and cannot be equitably tolled
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in separate counterparts, any one of which need not contain signatures of more than one party, and may be delivered by facsimile or other electronic means, but all of which shall be deemed originals and taken together will constitute one and the same Agreement.

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: SINHA agrees that, except as required by applicable federal, state, or local law, including tax laws, SINHA will keep all the terms of this Agreement strictly confidential, including the amount of the payment provided to SINHA under this Agreement. Except as required by law, SINHA will not disclose any of the terms of this Agreement to anyone except his immediate family members and his legal/financial advisors. Each of them is bound by this non-disclosure provision, and a disclosure by any of them will be considered a disclosure by SINHA. SINHA further represents that prior to executing this Agreement, he has not disclosed its terms in a manner inconsistent with this confidentiality provision.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms of use are governed by and construed in accordance with the laws of the state of california , without giving effect to any principles of conflicts of law and will specifically not be governed by the united nations conventions on contracts for the international sale of goods , if otherwise applicable .

assistant: Choice of law
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 Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by this Agreement and the other Transaction Documents that have not been effectively waived. The issuance and sale of the shares of Preferred Stock will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Buyers) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are validly issued, fully paid and nonassessable, have been issued in compliance with all applicable federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities.

assistant: Capitalization
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 the requirements of the Employment Agreement and this Agreement are met, in accordance with their terms, the Company will provide payment in an amount equal to $_____, minus any applicable taxes and withholding, payable as provided in Section 5(d)(2) of the Employment Agreement.

assistant: Payments
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’s obligations under this Section 7.6 shall survive the resignation of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrower shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 11:00 a.m. on the date specified herein. All payments received by the Administrative Agent after 11:00 a.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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 Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the fullest extent permitted by applicable law , you and duolingo each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class , consolidated or representative action .

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: The Parties acknowledge and agree that the failure to enforce at any time any of the provisions of this Agreement or to require at any time performance by any party of any of the provisions hereto shall in no way be construed as a waiver of such provision or affect the validity of this Agreement or any part thereof, or the right of each party thereafter to enforce each and every provision in accordance with the terms of this Agreement.

assistant: No 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 legal provision and list the applicable contract clause categories. Provision: During the Initial Period, none of the Company or any of its directors, officers, employees, managed accounts and controlled Affiliates will purchase or sell any shares of Common Stock. None of the Company or any of its directors, officers, employees, managed accounts and controlled Affiliates will purchase or sell any shares of Common Stock in the 20 Trading Day period immediately preceding the Expiration Date (to the extent the Warrant has not been exercised prior to such time).

assistant: Sales
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 guarantee is a continuing guarantee and shall (a) remain in full force and effect until payment in full (after the Termination Date) of the Obligations and all other amounts payable under this guaranty, (b) be binding upon the Company, its successors and assigns, (c) inure to the benefit of and be enforceable by each Lender (including each assignee Lender pursuant to Section 9.06) and each Agent and their respective successors, transferees and assigns and (d) shall be reinstated if at any time any payment to a Lender or the Administrative Agent hereunder is required to be restored by such Lender or such Agent. Without limiting the generality of the foregoing clause (c) but subject to Section 9.06, each Lender may assign or otherwise transfer its interest in any Advance to any other person or entity, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to such Lender herein or otherwise.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: unauthorized drugs." The state claims that tobacco is such contraband by virtue of its disruptive barter value in the no-smoking environment created by AS 33.30.015(a)(3)(J). 3 . 22 AAC 05.400(a) provides that "[pJrohibited conduct for prisoners in state facilities is governed by (b)-(e) of this section. A violation must be punished as either a major, high- or low-moderate, or minor infraction." 4 . See former 22 AAC 05.450(a) (1991) (effective Sept. 10, 1977) (providing that "[the disciplinary committee must be composed of three members appointed by the superintendent, unless the infraction charged is a minor infraction. In the case of a minor infraction, the superintendent may appoint a single member to hear the matter"); compare McGinnis v. Stevens, 543 P.2d 1221, 1228 (Alaska 1975) (<HOLDING>). 5 . 3AN-81-5274 Ci. (Alaska Super., September Options: A. holding that state prison officials enjoy wide discretion in regards to a prison boards finding of guilt B. holding that prison disciplinary hearing committee members are entitled to qualified immunity C. holding that prisoner must show prison officials were deliberately indifferent to prison conditions to establish an eighth amendment violation D. holding that prison conditions are those aspects of prison life affecting the entire prison population E. holding that a threemember panel consisting of prison officials and potentially inmates is sufficiently impartial to adjudicate major infractions insofar as knowledge of the conditions of the prison environment is important to an understanding of the significance of events which occur therein prison officials and offenders theoretically comprise an ideal disciplinary hearing committee

assistant: The best answer is E. holding that a threemember panel consisting of prison officials and potentially inmates is sufficiently impartial to adjudicate major infractions insofar as knowledge of the conditions of the prison environment is important to an understanding of the significance of events which occur therein prison officials and offenders theoretically comprise an ideal disciplinary hearing committee
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: other than governmental agencies; as against such authority it was the purpose of the Fourth Amendment to secure the citizen in the right of unmolested occupation of his dwelling and the possession of his property, * This doctrine has never been reexamined by the Supreme Court and is still followed today. The cases of Elkins v. United States, 364 U.S. 206, 80 S.Ct. 1437, 4 L.Ed. 2d 1669 (1960) (rejecting the “silver platter” doctrine and holding that evidence obtained by state police from a search and seizure which would be unconstitutional if similarly conducted by federal officers could not be used in federal courts even though the federal authorities did not participate in the search and seizure), and Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, 84 A.L.R.2d 933 (1961) (<HOLDING>), do not overrule the holding of Burdeau, Options: A. holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts B. holding all evidence obtained by searches and seizures in violation of the constitution is by that same authority inadmissible in a state court C. holding that forfeiture statute is subject to the fourth amendments prohibitions against unreasonable searches and seizures D. holding sbm is not a violation of the defendants fourth amendment right to be free from unreasonable searches and seizures E. holding the sixth amendment applicable to the states through the fourteenth amendment

assistant: The best answer is A. holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is intended to be the center of religious learning and teaching, is arguably religious exercise, see WDS II, 504 F.3d at 348 (noting that the correct inquiry to determine whether an educational facility is covered as “religious exercise” by RLUIPA is whether it “would be used at least in part for religious education and practice”); see also Fifth Ave., 293 F.3d at 574-75 (finding provision of a location for homeless to sleep to be religious exercise); Candlehouse, Inc. v. Town of Vestal, No. 11-CV-93, 2013 WL 1867114, at *18 (N.D.N.Y. May 3, 2013) (noting that there was sufficient evidence to support a finding that the residential component of a religious ministry for substance abuse to be religious exercise); Bikur Cholim, Inc. v. Vill of Suffern, 664 F.Supp.2d 267, 276 (S.D.N.Y.2009) (<HOLDING>). Thus, there is sufficient evidence in the Options: A. holding that the tdcjs volunteer requirement did not impose a substantial lourden on jewish inmates who wanted to meet on more sabbath and jewish holy days than their volunteer could attend B. holding that while trial courts are encouraged to state all findings in their written orders they are not required to do so as long as the basis for their decisions is clear from the record and thus susceptible to review C. holding that operation of a facility to enable observant individuals to visit the sick on the sabbath and holidays as well as the other individual plaintiffs sic obligations to observe the sabbath while being able to visit their family members at a nearby hospital implicates their religious exercise D. holding that because plaintiffs would be able to file their case in colombia plaintiffs concerns as to their safety are more appropriately considered in the private interest factors analysis E. holding that the defendants had significant privacy interest in being able to proceed forward with their lives by being able to control information concerning criminal charges never filed against them

assistant: The best answer is C. holding that operation of a facility to enable observant individuals to visit the sick on the sabbath and holidays as well as the other individual plaintiffs sic obligations to observe the sabbath while being able to visit their family members at a nearby hospital implicates their religious exercise
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 support a trial court’s choice of sanction. See Hummer v. Pulley, Watson, King & Lischer, P.A., 140 N.C. App. 270, 285, 536 S.E.2d 349, 358 (2000) (reversing sanction of $2,500.00 imposed as compensation for an increase in attorney’s malpractice insurance deductible when the order contained no finding that he had purchased such insurance and the evidence did not support a finding that the increase was due to the pending suit); Davis, 121 N.C. App. at 160, 464 S.E.2d at 711 (reversing and remanding for additional findings when “there is nothing in the order to explain the appropriateness of the sanction imposed ($6,692 in attorney’s fees) or to indicate how the court arrived at that figure”); Rivenbark v. Southmark Corp., 93 N.C. App. 414, 420-21, 378 S.E.2d 196, 200-01 (1989) (<HOLDING>). While the same findings of fact may not be Options: A. holding that no single factor controls and that all factors must be weighed in light of fundamental fairness and the circumstances of the case B. holding that where no discovery order was violated sanctions could not imposed pursuant to rule 37 but nevertheless upholding the sanction order under the courts inherent power C. recognizing that an order of restitution is available as a freestanding sanction to be imposed alone or in combination with other sanctions D. holding that sanctions may not be imposed mechanically but rather the circumstances of each case must be carefully weighed so that the sanction properly takes into account the severity of the partys disobedience E. holding that the suspension or revocation of a drivers license is not a sanction which once imposed precludes the application of criminal sanctions

assistant: The best answer is D. holding that sanctions may not be imposed mechanically but rather the circumstances of each case must be carefully weighed so that the sanction properly takes into account the severity of the partys disobedience
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: judgment was appropriate on the causation issue because the plaintiff “could not even raise[] a question of fact as to causation”). The district court found a causal connection by holding that since Fite would not have sexually assaulted Parrish if he knew he was committing a felony, that training on the contents of the law would have prevented the constitutional violation. Parrish, 2008 WL 4495704, at *3. While this finding may establish “but for” causation, it ignores the additional requirement that “ ‘the identified deficiency in [the county’s] training program ... be closely related to the ultimate injury.’ ” Andrews, 98 F.3d at 1076 (quoting City of Canton, 489 U.S. at 391, 109 S.Ct. 1197); see also Martinez v. California, 444 U.S. 277, 285, 100 S.Ct. 553, 62 L.Ed.2d 481 (1980) (<HOLDING>). As we have noted, in cases such as this where Options: A. recognizing an action for damages against unknown federal agents for the violation of constitutional rights B. holding that violation of state law was not a per se constitutional violation C. recognizing defendants state and federal constitutional rights to testify D. holding that a constitutional violation was too remote a consequence of the defendants action to hold them responsible under the federal civil rights law E. recognizing cause of action against federal officials for violation of constitutional rights

assistant: The best answer is D. holding that a constitutional violation was too remote a consequence of the defendants action to hold them responsible under the federal civil rights law
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 as to certain Defendants, premised upon section 379(a), would violate the Ex-Post-Facto Clause of the United States Constitution. U.S. Const., amend. I, § 9, cl. 3. Nonetheless, we do not base our finding of federal jurisdiction upon section 379(a) and, therefore, there is no constitutional violation. 2 . A few of the Defendants make a final argument concerning the container in which the salt was transported. This argument is baseless and not supported by the allegations. The issue concerning containers is whether the containers which held the adulterated milk were in interstate commerce. Defendants misunderstand the issue and we, therefore, decline to discuss their contention. 3 . As we find the interstate commerce jurisdictional requirement is satisfied by Cir.1977) (<HOLDING>); Cf. United States v. Butt, 955 F.2d 77, 80 n. Options: A. recognizing that the interstate nexus requirement is satisfied by proof of a probable or potential impact on interstate commerce B. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce C. holding that restaurant that bought and sold products produced outside of state satisfied interstate commerce requirement for federal arson statute D. holding that tavern that purchased beer from outofstate vendor satisfied interstate commerce requirement in criminal explosives statute E. holding that interstate commerce nexus is established where defendant stole less than 100 from bar that imported beer from outofstate

assistant: The best answer is D. holding that tavern that purchased beer from outofstate vendor satisfied interstate commerce requirement in criminal explosives statute
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 of the Borrower and each Subsidiary has good record and marketable title in fee simple or the local equivalent thereof to, or valid leasehold interests in, all material real property necessary or used in the ordinary conduct of its business, except for such defects in title as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Liens
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: Notwithstanding the foregoing sections, nothing contained in this Agreement is intended to prohibit or restrict Executive in any way from: (i) making any disclosure of any information about the Company, Executive’s employment or this Agreement as required by law, or to a government agency in connection with any charge or investigation; (ii) providing information to, filing a charge with, or testifying or otherwise assisting in any investigation or proceeding brought by, any federal, state or local regulatory or law enforcement agency (including, without limitation, the U.S. Equal Employment Opportunity Commission) or legislative body, any self-regulatory organization, or the Company’s legal, compliance or human resources officers; or (iii) filing, testifying or participating in or otherwise assisting in a proceeding relating to, or reporting, an alleged violation of any federal, state or municipal law relating to fraud or any rule or regulation of the Securities and Exchange Commission (“SEC”) or any self-regulatory organization, or making other disclosures that are protected under the whistleblower provisions of federal or state law or regulation. Prior authorization of the Company shall not be required to make any reports or disclosures under this clause (c) and Executive is not required to notify the Company that Executive has made such reports or disclosures. However, Executive acknowledges and agrees that he cannot recover any monetary damages or equitable relief in connection with a charge or proceeding brought by Executive or through any action brought by a third party with respect to the claims released and waived in this Agreement. This Agreement does not, however, waive or release Executive’s right to receive a monetary award from the SEC.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties’ obligations in the following sections shall survive the expiration or termination of this Agreement: 5.5, 10.1(f), 16.6, 17.4, 24.4, 26.1, 26.2, 28.1, 28.3, 28.6, 29.1, 29.2, 29.3, 29.4, 30.2, 30.3, 30.4, 30.5, 31.1, 31.2, 32.1, 32.2, and 32.3.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except where our dispute is being resolved pursuant to an arbitration ( as provided below ) , if you are not a resident of the united states , canada , or brazil , you agree that any claim or dispute you may have against evernote must be resolved exclusively by the courts in zurich , switzerland .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the applicable provisions of the Award agreement and the Plan, upon a participant’s termination of employment or service for any reason during the Performance Cycle for a given Performance Award, the Performance Award in question will vest or be forfeited in accordance with the terms and conditions established by the Administrator at grant.

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: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS GUARANTY OR ANY OF THE OTHER LOAN DOCUMENTS. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS GUARANTY AND THE OTHER LOAN DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 19.

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: This Agreement and the other Transaction Documents, together with all the schedules and exhibits hereto and thereto and the certificates and other written instruments delivered in connection therewith from time to time on and following the date hereof, constitute and contain the entire agreement and understanding of the parties with respect to the subject matter hereof and thereof, and supersedes any and all prior negotiations, correspondence, agreements, understandings, duties or obligations between the parties respecting the subject matter hereof and thereof. Each party expressly represents and warrants that it is not relying on any oral or written representations, warranties, covenants or agreements outside of this Agreement and the other Transaction Documents.

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: Amendment by sentencing him as an armed career criminal. IV. Crews also contends that the district court erred in applying a four-level increase to his offense level for use or possession of a firearm in connection with another felony offense. He argues that the district court based this increase on information that did not have sufficient indicia of reliability to support its probable accuracy because the presentence investigation report contained contradictory information. Even assuming arguendo that the district court erred in applying the four-level increase under § 2K2.1, the er ror was harmless, as the increase had no effect on Crews’s ultimate offense level, which was determined by the application of the ACCA. United States v. Sarras, 575 F.3d 1191, 1220 n. 39 (11th Cir.2009) (<HOLDING>). V. Crews’s final argument on appeal is that Options: A. holding that any error by a district court in applying a sentencing enhancement is harmless if it did not change a defendants total offense level B. holding that failure to consider guidelines note in applying sentencing enhancement was reversible error C. holding without discussion that the district court erred by applying the numberofweapons enhancement to an offense underlying the defendants 924c conviction D. holding that the defendants substantial rights were not affected by a sentencing guidelines enhancement even in the absence of a specific finding by the district court because the evidence amply supported the enhancement E. holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed

assistant: The best answer is A. holding that any error by a district court in applying a sentencing enhancement is harmless if it did not change a defendants total offense level
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) If a Default or an Event of Default exists, the Agent may, in its discretion, and shall, at the direction of the Majority Lenders, do one or more of the following at any time or times and in any order, without notice to or demand on the Borrower: (i) reduce the Maximum Revolver Amount, or the advance rates against Eligible Contracts used in computing the Borrowing Base, or reduce one or more of the other elements used in computing the Borrowing Base; and (ii) restrict the amount of or refuse to make Revolving Loans. If an Event of Default exists, the Agent shall, at the direction of any Lender, declare a Default or Event of Default and give written notice thereof to the Borrower and at the direction of the Majority Lenders, do one or more of the following, in addition to the actions described in the preceding sentence, at any time or times and in any order, without notice to or demand on the Borrower: (A) terminate the Commitments and this Agreement; (B) declare any or all Obligations to be immediately due and payable; provided , however , that upon the occurrence of any Event of Default described in Sections 11.1(e) , 11.1(f) , 11.1(g) , or 11.1(h) , the Commitments shall automatically and immediately expire and all Obligations shall automatically become immediately due and payable without notice or demand of any kind; (C) pursue its other rights and remedies under the Loan Documents and applicable law; and (D) take such action as is required under Section 14.5 hereof.

assistant: Remedies