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: section 1291 until there has been a decision by the district court that “ ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’ ” Van Cauwenberghe v. Biard, 486 U.S. 517, 108 S.Ct. 1945, 1949, 100 L.Ed.2d 517 (1988) (citation omitted). This general rule would suggest that the district court’s stay order is not an appeal-able final order because it stays rather than terminates the suit. In Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 103 S.Ct. 927, 74 L.Ed.2d 765 (1983), however, the Supreme Court held that, notwithstanding this general rule, a district court stay order grounded on the pendency of similar litigation in state court may be ap-pealable under section 1291. See 460 U.S. at 8-10, 103 S.Ct. at 932-34 (<HOLDING>). The Court concluded that the stay in that Options: A. holding final for section 1291 purposes a stay under doctrine of colorado river water conservation district v united states 424 us 800 96 sct 1236 47 led2d 483 1976 B. holding that existence of outstanding claims for attorneys fees do not affect determination whether district court entered a final decision for purposes of 28 usc 1291 C. holding that order denying motion to dismiss a bankruptcy petition is final under 28 usc 1291 D. holding states are not persons for the purposes of section 1983 E. holding that a district court order denying a motion to stay or dismiss because of the pendency of similar litigation in state court is not immediately appealable under section 1291 or section 1292a1

assistant: The best answer is A. holding final for section 1291 purposes a stay under doctrine of colorado river water conservation district v united states 424 us 800 96 sct 1236 47 led2d 483 1976
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 counterparts and by facsimile, PDF or other secure electronic means, each of which when signed by the Company or the Grantee will be deemed an original and all of which together will be deemed 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: All notices or other communications provided hereunder must be in writing and mailed or delivered either (i) to the Company at its principal place of business or (ii) to the Grantee at the address on file with the Company, or such other address as the Company or the Grantee may provide to the other for purposes of providing notice. Any such notice shall be deemed effective (1) upon delivery if delivered in person, (2) on the next business day if transmitted by national overnight courier and (3) on the fourth business day following mailing by first class mail.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement sets forth the entire agreement of the parties concerning the subject matter, and supersedes any and all prior agreements, discussions, understandings, promises and expectations, except as provided in Section 11(e) above. This Agreement may be modified only by a written instrument signed by you and by MSG.

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 legal provision and list the applicable contract clause categories. Provision: With respect to all Property Taxes affecting the ownership or operation of the Assets, Seller warrants and represents (a) all reports, returns, statements (including estimated reports, returns or statements), and other similar filings (the “ Tax Returns ”) affecting the ownership or operation of the Assets required to be filed on or before the Effective Time by Seller have been or will be timely filed with the appropriate Governmental Body in all jurisdictions in which such Tax Returns are required to be filed; and (b) such Tax Returns are true and correct in all material respects, and all Property Taxes related to the ownership or operation of the Assets by Seller (whether or not reported on such Tax Returns) have been paid.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and client. Tallitsch v. Child Support Services, Inc., supra. Although the reasonableness of attorney fees is a question of fact for the trial court, we conclude that it is error to reduce an attorney's hourly rate based solely on the attorney's status as a salaried lawyer paid by a nonprofit entity such as the Town. Salaried and public interest attorneys should be awarded attorney fees based on the prevailing market rate rather than a "cost-plus" approach focusing on the attorney's salary. See California Common Cause v. Duffy, 200 Cal.App.3d 730, 246 Cal.Rptr. 285 (1987). See also Oten v. Colorado Board of Social Services, 738 P.2d 37 (Colo.App.1987.)(awarding attorney fees based on market rate to legal services attorneys); In re Marriage of Swink, 807 P.2d 1245 (Colo.App.1991)(<HOLDING>). The fact that the attorneys may not Options: A. holding that 1410119 cr81999 authorizes market rate fees to pro bono attorneys who render services in dissolution of marriage actions B. holding that upon dissolution of partnership of attorneys fees collected for work on cases prior to dissolution should be divided among former partners but fees for work done after dissolution went to individual partner who performed the work C. holding that 42 usc 1988 authorizes the grant of attorneys fees for services on appeal though statute does not specifically so provide D. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate E. holding that by choosing the words any actual expenses including attorneys fees incurred congress did not intend to remove the discretion of the district court to award fees in cases such as contingent fee or pro bono cases where the client has not actually incurred the obligation to pay her attorneys fees

assistant: The best answer is A. holding that 1410119 cr81999 authorizes market rate fees to pro bono attorneys who render services in dissolution of marriage actions
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 closing of the transactions contemplated by this Agreement (the “Closing”) will take place as soon as practicable at a time and on a date to be specified by the Parties (the “Closing Date”), which shall be no later than the fifth Business Day after satisfaction or waiver of the conditions set forth in Article VI. The Closing shall take place at the Seller’s San Diego office or via the electronic exchange of execution versions of the Transaction Documents and the signature pages thereto via facsimile or via email by pdf. At the Closing, the Purchaser shall pay to the Seller the Purchase Price in US dollars. The Purchase Price shall be paid (i) by release from the Escrow Account by wire transfer of immediately available funds pursuant to written instructions from the Seller and (ii) by the Seller’s application of the Deposit to the Purchase Price.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of any Credit Extension, whether directly or indirectly, and whether immediately, incidentally or ultimately, (a) to purchase or carry margin stock (within the meaning of Regulation U of the FRB) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund Indebtedness originally incurred for such purpose, or (b) for any purposes other than (i) the acquisition of working capital assets in the ordinary course of business, (ii) to finance Capital Expenditures of the Loan Parties, (iii) for general corporate purposes and (iv) to refinance the Indebtedness outstanding under the Existing Credit Agreement, in each case to the extent expressly permitted under Law and the Loan Documents.

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 case excerpt and choose the best holding from the options. Case excerpt: that there exists good cause for failing to present this evidence earlier. “To show good cause, [the claimant] must adequately explain [his] failure to incorporate the proffered evidence into the administra tive record.” Lisa v. Secretary of HHS, 940 F.2d 40, 45 (2d Cir.1991) (citations omitted). Claimants “should not be encouraged to withhold material information from the Appeals Council in the hope that a federal district court might issue a more favorable result when the new evidence is presented to it.” Turner v. Sullivan, 1992 WL 415379, at *3 (D.Minn. Sept.28, 1992). Other courts have held that the failure to present evidence to the Appeals Council negates a finding of good cause for failure to present new evidence earlier. See Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir.1987) (<HOLDING>); Kindred v. Heckler, 595 F.Supp. 563, 567 Options: A. holding that where there is no essential conflict as to the facts and the evidence the trial court was correct in refusing to submit the theory of strict liability to the jury B. holding defendant agreed to submit to searches as a condition of probation C. holding that claimant must show good cause for failure to submit evidence to alj and appeals council D. holding that good cause for failure to submit evidence earlier not shown where evidence available before appeals council had reviewed case and no indication that claimant insufficiently informed about proper procedure to submit supplemental pleading E. holding that failure to submit an element of the offense to the jury is subject to harmless error analysis

assistant: The best answer is D. holding that good cause for failure to submit evidence earlier not shown where evidence available before appeals council had reviewed case and no indication that claimant insufficiently informed about proper procedure to submit supplemental pleading
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 Lenders and the Issuing Bank may continue to make loans or extend credit to the Borrowers based on this Loan Guaranty until five days after it receives written notice of termination from any Loan Guarantor. Notwithstanding receipt of any such notice, each Loan Guarantor will continue to be liable to the Lenders for any Guaranteed Obligations created, assumed, or committed to prior to the fifth day after receipt of the notice, and all subsequent renewals, extensions, modifications, and amendments with respect to, or substitutions for, all or any part of such Guaranteed Obligations. Nothing in this Section 10.08 will be deemed to constitute a waiver of, or eliminate, limit, reduce, or otherwise impair any rights or remedies the Administrative Agent or any Lender may have in respect of, any Default or Event of Default that exists under clause (o) of Article 7 as a result of any such notice of termination.

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: During the Term of Employment, the Executive shall be entitled to an annual base salary equal to Nine Hundred Thousand Dollars ($900,000), payable in equal biweekly installments by the Company, subject to annual review for increase, but not decrease, in the discretion of the Board or the Compensation Committee of the Board (the “ Compensation Committee ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications required or permitted hereunder shall be in writing, shall be effective when given, and shall in any event be deemed to be given upon receipt or, if earlier, (a) five (5) days after deposit with the U.S. Postal Service or other applicable postal service, if delivered by registered mail, postage prepaid, (b) upon delivery, if delivered by hand, (c) one (1) business day after the business day of deposit with Federal Express or similar overnight courier, freight prepaid, (d) one (1) business day after the business day of facsimile transmission, if delivered by facsimile transmission with copy by first class mail, postage prepaid, or (e) one (1) business day after the business day of sending an email, if sent with return receipt and with copy by first class mail, postage prepaid, and shall be addressed (i) if to Executive, at his or her last known residential address, and (ii) if to the Company, at the address of its principal corporate offices (attention: General Counsel), or in any such case at such other address as a party may designate by ten (10) days’ advance written notice to the other party pursuant to the provisions above.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement will be governed by the laws of Delaware, without giving effect to the conflict of law principles thereof. For purposes of litigating any dispute that arises under this Option or this Agreement, the parties hereby submit to and consent to the jurisdiction of the State of California , and agree that such litigation will be conducted in the courts of San Diego County, California, or the federal courts for the United States for the Southern District of California, and no other courts, where this Option is made and/or to be performed.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: trademarks , service marks , logos , trade names and any other proprietary designations of third parties used on or in connection with the airbnb platform , airbnb content , and/or collective content are used for identification purposes only and may be the property of their respective owners .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as to be fundamentally unfair.” Duckett v. Quick, 282 F.3d 844, 847 (D.C.Cir.2002) (citations omitted). As to the specific claims raised in the instant Petition, Respondent argues correctly that the Fourth Amendment’s oath or affirmation clause does not apply to the administrative warrants the USPC is authorized to issue upon a parole officer’s representation that a parole violation has occurred. Resp’t’s Mem. at 4-5 (citing, inter alia, United States v. Garcia-Avalino, 444 F.3d 444, 447 (5th Cir.2006) (concluding that “[g]iven the relaxed constitutional norms that apply in revocation hearings, a warrant for the arrest of a supervised releasee need not comply with the Oath or affirmation clause of the Fourth Amendment.”); United States v. Collazo-Castro, 660 F.3d 516 (1st Cir.2011) (<HOLDING>); see generally Bethea v. U.S. Parole Comm’n, Options: A. holding that an amendment does not expunge the falsity of an oath B. holding that proceedings to revoke supervised release need not comply with the procedural protections constitutionally guaranteed for criminal prosecutions C. holding that further supervised release may be ordered as a sentence for violation of supervised release D. holding that due process clause does not require a federal prisoner to receive credit for time spent on supervised release if release is revoked E. holding that the fourth amendment does not require a warrant based on an oath or affirmation to revoke an individual on supervised release

assistant: The best answer is E. holding that the fourth amendment does not require a warrant based on an oath or affirmation to revoke an individual on supervised release
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 will use the net proceeds from the sale of the Securities to repay existing indebtedness, research and development of its product candidates, and for working capital purposes and not for the redemption of any Common Stock, debentures, preferred stock, rights, options, warrants or other instrument that is at any time convertible into or exchangeable for, or otherwise entitles the holder thereof to receive Common Stock.

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 case excerpt and choose the best holding from the options. Case excerpt: of evidence are cognizable in federal habeas corpus review only to the extent that they violate specific constitutional provisions or are so egregious as to render the entire trial fundamentally unfair, thereby violating the Due Process Clause of the Fourteenth Amendment. See Estelle v. McGuire, 502 U.S. 62, 67-68, 112 S.Ct. 475, 479-80, 116 L.Ed.2d 385 (1991); Spencer v. Murray, 5 F.3d 758, 762 (4th Cir.1993). First, we note that Howard's confessions, although transcribed by Agent Battle and Lieutenant Hitchins from their notes of their respective reports, were neither written by Howard, signed by Howard, tape-recorded, nor introduced into evidence in written form. Therefore, we question whether the rule of completeness even applies to this case. See Wilkerson, 84 F.3d at 696 (<HOLDING>). Furthermore, even if the rule were to apply, Options: A. holding that the trial court properly refused to suppress statements made by defendant to the police on the ground that the interrogation resulting in those statements was not electronically recorded since there is no federal or state due process requirement that interrogations and confessions be electronically recorded B. holding that the rule of completeness applies only to writings or recorded statements not to conversations C. holding that rule of completeness did not apply where statements made at the scene and the statement made at the police station were distinct and not part of one confession D. holding the confrontation clause applies only to testimonial statements E. recognizing public or official writings exception and noting that the same rule prevails in the courts of all of the states of this union

assistant: The best answer is B. holding that the rule of completeness applies only to writings or recorded statements not to conversations
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: in certain instances you may be asked to provide proof of identity to access or use the services , and you agree that you may be denied access to or use of the services if you refuse to provide proof of identity .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to suppress, even though it is not admissible at trial. People v. Lesure, 271 Ill. App. 3d 679, 680 (1995). Moreover, federal law supports defendant’s argument. Federal Rule of Evidence 104(a) provides, in relevant part, “Preliminary questions concerning *** the admissibility of evidence shall be determined by the court ***. In making its determination it is not bound by the rules of evidence except those with respect to privileges.” (Emphasis added.) Fed. R. Evid. 104(a). The Supreme Court has explained that no automatic rule precludes the admission of hearsay when a trial court is determining the admissibility of evidence. United States v. Matlock, 415 U.S. 164, 175, 39 L. Ed. 2d 242, 252, 94 S. Ct. 988, 995 (1974); see also United States v. Bolin, 514 F.2d 554, 557 (7th Cir. 1975) (<HOLDING>). After reviewing the cases cited by defendant, Options: A. holding that it is clear that hearsay evidence is admissible in a hearing on a motion to suppress B. holding that a legal conclusion on a motion to suppress is reviewed de novo C. holding that the state is not allowed to suppress evidence but it need not collect evidence for the defendant D. holding that hearsay is admissible in an evidentiary hearing on a motion to suppress evidence citing lara E. holding that even though a hearing to suppress allegedly illegally seized evidence occurred under a superseded indictment the defendant may not relitigate the motion to suppress after reindictment

assistant: The best answer is A. holding that it is clear that hearsay evidence is admissible in a hearing on a motion to suppress
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: somewhat difficult. Some challenges to a contract containing an arbitration provision or the arbitration provision itself are to be decided by the trial court, and others are to be decided by the arbitrator. The United States Supreme Court has written extensively on this issue, albeit, in reference to the FAA, not the FAC. For example, in Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006), the Court addressed a challenge to an arbitration agreement in a Florida contract based oh a party’s allegations that the contract itself was illegal and void as a matter of public policy. Id. at 442, 126 S.Ct. 1204. The Court expressly noted and addressed the following types of challenges to arbitration agreements: 23, 434 S.W.3d 357, 360-61 (2014) (<HOLDING>); Texas La Fiesta Auto Sales, LLC v. Belk, 349 Options: A. holding that in the absence of an express provision excluding class actions from arbitration an individual claimant could not get out of his agreement to arbitrate simply by filing his claims in a class action B. holding that the trial court must determine whether an agreement to arbitrate was reached when several contracts the subject of a class action allegedly did not contain an arbitration provision C. holding that the trial court must determine whether there was an agreement to arbitrate when the party contesting arbitration claimed she had never signed the contract or intended to be bound D. holding the trial court may determine issue of condition precedent to enforcement of agreement to arbitrate E. holding that a contracts choiceoflaw provision did not determine the scope of an arbitration clause

assistant: The best answer is B. holding that the trial court must determine whether an agreement to arbitrate was reached when several contracts the subject of a class action allegedly did not contain an arbitration provision
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: 737 F.Supp. 205, 207 (S.D.N.Y.1990); United States Gold Corp. v. Federal Express Corp., 719 F.Supp. 1217, 1224-25 (S.D.N.Y.1989). The question remains as to whether federal common law can also be applied to a shipment from an adjacent foreign country to the United States by ground. As the preceding discussion reveals, most forms of interstate transportation are governed by federal law that has entirely preempted state regulation of common earners. See Adams Express Co. v. Croninger, 226 U.S. 491, 505, 33 S.Ct. 148, 57 L.Ed. 314 (1913). Federal common law has also been held to cover contracts for air carriage that fall within the gap left between the Warsaw Convention and interstate carriage. See Zicherman v. Korean Air Lines Co., 516 U.S. 217, 229, 116 S.Ct. 629, 133 L.Ed.2d 596 (1996) (<HOLDING>); see also Hitachi Data Sys. Corp. v. Nippon Options: A. holding that article 3 of the united nations convention on the rights of the child has attained the status of customary international law and is therefore incorporated in federal law B. holding that the plaintiffs state law claims are preempted by federal law C. holding that a federal court may resort to state law analogies for the development of a federal common law of privileges in instances where the federal rule is unsettled D. holding that the statutes abrogated the common law E. holding that federal common law is the law that would govern in the absence of the warsaw convention

assistant: The best answer is E. holding that federal common law is the law that would govern in the absence of the warsaw convention
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: Unless the context clearly indicates otherwise, (i) where appropriate the singular shall include the plural and the masculine shall include the feminine or neuter, and vice versa, to the extent necessary to give the terms defined herein or the terms otherwise used in this Agreement the proper meanings, and (ii) occurrences of the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” The Company shall be deemed to have knowledge of any action, omission, fact, condition, occurrence or event if any director or officer of the Company has knowledge of such action, omission, fact, condition, occurrence or event.

assistant: Interpretations
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 will, and will cause each of its Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. The Borrower will, and will cause its Subsidiaries and their respective officers and employees and will use its best efforts to cause its directors and agents, to be in compliance with Anti-Corruption Laws and applicable Sanctions in all material respects. The Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance in all material respects by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: using the mark. See Ford Motor, 930 F.2d at 297(citing Tally-Ho Inc. v. Coast Community College Dist., 889 F.2d 1018, 1022-23 (11th Cir.1989)). Trademark rights are acquired "through actual prior use in commerce." Tally-Ho, Inc., 889 F.2d at 1022(citing United States v. Steffens, 100 U.S. 82, 25 L.Ed. 550 (1879)). Because trademark rights arise only in connection with commercial activity, "actual and continuous use is required to acquire and retain a protectable interest in a mark." Id. at 1022-1023(footnote omitted). The party asserting ownership of the trademark must present evidence that the trademark has achieved significant market penetration; sales volume must be more than de minimis. See Lucent Information Management, Inc. v. Lucent Technologies, Inc., 186 F.3d 311 (3d Cir.1999) (<HOLDING>). For 'either party to obtain trademark rights Options: A. holding that infringement laws simply do not apply to a nontrademark use of a mark B. holding that the defendants use of the domain name moviebuffcom violated plaintiffs trademark rights in the mark moviebufp C. holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark D. holding that concurrent use of same mark on similar product was sufficient to demonstrate a likelihood of confusion E. holding that use of metatags constitutes use in commerce but finding no trademark violation because defendants only used mark in metatag to fairly identify the content of his websites and did so in good faith that is without the intention of capitalizing on the plaintiffs reputation and goodwill

assistant: The best answer is C. holding limited use of a mark did not constitute prior use in commerce sufficient to establish rights in the mark
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that you must evaluate , and bear all risks associated with , the use of any content , including any reliance on the accuracy , completeness , or usefulness of such content .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: physiological, or euphoric effect in a human being, Judge Town impliedly rejected Oughterson’s argument that twelve milligrams of cocaine residue constituted an un-useable amount in concluding, to the contrary, that it was “a substantial amount.” Reviewing Viernes before entering his written order, Judge Town further impliedly determined that Viernes did not alter his conclusion that Oughterson’s possession of twelve milligrams of cocaine residue did not constitute a de minimis infraction. Thus, inasmuch as the parties’ arguments tracked the considerations at issue in Viernes and the record clearly reflects that Judge Town considered Viernes before entering his order denying Oughterson’s motion to dismiss, Viernes could not provide Oughterson with a basis 6, 590-92 (1974) (<HOLDING>). Moreover, as we noted on the record presented Options: A. holding that trial court did not abuse its discretion in denying defendants motion to dismiss on de minimis grounds where his expert witness testimony was inadmissible B. holding in part that the trial court abused its discretion in granting a temporary injunction in the absence of a showing that the plaintiff did not have an adequate remedy at law C. holding that trial court abused its discretion in denying defendants de minimis motion because defendant established that his conduct in connection with benevolently assisting a runaway did not alter the custodial relationship with which prosecution accused him of interfering D. holding that where there is evidence sufficient to sustain finding of trial court that prejudicial error was contained in record there is no basis for stating that trial court abused discretion in granting new trial E. holding that trial court abused its discretion in granting defendants de minimis motion because there was no evidence showing that their conduct was in fact an innocent technical infraction not actually causing or threatening any harm or evil sought to be prevented by the statute that they were accused of violating

assistant: The best answer is E. holding that trial court abused its discretion in granting defendants de minimis motion because there was no evidence showing that their conduct was in fact an innocent technical infraction not actually causing or threatening any harm or evil sought to be prevented by the statute that they were accused of violating
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: 484 U.S. 173 108 S.Ct. 479 98 L.Ed.2d 479 VERMONT, petitioner,v.Rick COX. No. 86-1108 Supreme Court of the United States December 14, 1987 On writ of certiorari to the Supreme Court of Vermont. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

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 legal provision and list the applicable contract clause categories. Provision: Company hereby employs Executive and Executive hereby agrees to continue employment by Company for the period and upon the terms and conditions hereinafter set forth. Effective on the date hereof, this Agreement amends and restates the Employment Agreement between Company and Executive, dated as of May 1, 2007 and as subsequently amended, in its entirety, and the rights and obligations of each party shall be governed entirely by this Agreement from the April 17, 2017 (the “Commencement Date”).

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: of the term “employees” as used in Title VII’s anti-retaliation provision. In short, we are completely unpersuaded by their analyses, which depend for their substance on broad policy arguments which are simply not supported by the plain language of Title VII. III. Although extending Title VII to cover former employees is tantalizing fruit, our judicial inquiry must cease when the language of a statute is plain and unambiguous. Such is the rule of law. 9th Cir.1982), overruled on other grounds by Atonio v. Wards Cove Packing Co., 810 F.2d 1477, 1481-82 (9th Cir.1987) (en banc); Pantchenko v. C.B. Dolge Co., 581 F.2d 1052, 1055 (2d Cir.1978); Rutherford v. American Bank of Commerce, 565 F.2d 1162, 1165 (10th Cir. 1977); Dunlop v. Carriage Carpet Co., 548 F.2d 139, 142 (6th Cir.1977) (<HOLDING>). Cf. EEOC v. J.M. Huber Corp., 927 F.2d 1322, Options: A. holding that former employees state law claim of fraud brought against his former employer was preempted by labor management relations act B. holding employees under age discrimination in employment acts adea parallel retaliation provision includes former employees as long as the alleged discrimination is related to or arises out of the employment relationship C. holding employee under fair labor standard acts antiretaliation provision includes former employees D. holding that application of fair labor standards act flsa to transportation employees employed by local government does not contravene the commerce clause because labor conditions of those employees affect interstate commerce E. holding employees under adeas parallel retaliation provision includes former employees as long as the alleged discrimination is related to or arises out of the employment relationship

assistant: The best answer is C. holding employee under fair labor standard acts antiretaliation provision includes former employees
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 pay the Executive as compensation for his services hereunder, in equal monthly installments until such time that the Chief Executive Officer in his discretion determines that the Company’s cash flows can support semi-monthly or bi-weekly installments during the Term, the sum of $180,000 per annum (the “ Base Salary ”).

assistant: Base Salary
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: (per curiam). The second line of analysis looks to the agency’s expressed intentions. CropLife Am., 329 F.3d at 883. This entails a consideration of three factors: “(1) the [a]gency’s own characterization of the action; (2) whether the action was published in the Federal Register or the Code of Federal Regulations; and (3) whether the action has binding effects on private parties or on the agency.” Molycorp, Inc. v. EPA, 197 F.3d 543, 545 (D.C.Cir.1999). As the case law reveals, it is not always easy to distinguish between those “general statements of policy” that are unreviewable and agency “rules” that establish binding norms or agency actions that occasion legal consequences that are subject to review. Compare Nat’l Ass’n of Home Builders v. Norton, 415 F.3d 8, 14, 16 (D.C.Cir.2005) (<HOLDING>); Pac. Gas & Elec. Co. v. Fed. Power Comm’n, Options: A. holding agency action is final where there are no deportation proceedings pending in which the decision might be reopened or challenged B. holding that apa 702s waiver of sovereign immunity applies regardless of whether the challenged agency action constitutes final agency action C. holding that bankruptcy courts order was final where is was labeled as a final judgment and was clearly intended to serve as denial of relief sought the order determined the substantive rights at issue there was no indication in the record that the court intended to take further action and no party argued that any further action by the court was to occur D. holding that because the carrier contested the compensability of the claim and took the position that there was no evidence that the accident arose out of and in the course and scope of hernandezs employment there was no conclusion on the merits E. holding that there was no final agency action where the language of the challenged protocols was permissive and the scope of a regulated partys liability under the statute remains exactly as it was before the protocols publication

assistant: The best answer is E. holding that there was no final agency action where the language of the challenged protocols was permissive and the scope of a regulated partys liability under the statute remains exactly as it was before the protocols publication
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and leave little room for doubt that penetration occurred. Furthermore, Dr. Roberson testified that prior to examining T.L., she was informed that the child had disclosed having vaginal, anal, and oral sex with the perpetrator. This hearsay testimony was admitted without objection, although Appellant would later argue that it was inadmissible because the information was supplied by a social worker, not T.L. Because defense counsel did not object to the testimony, the trial court did not err in considering it. Jones v. State, 332 Ark. 617, 967 S.W.2d 559 (1998); Brown v. State, 330 Ark. 603, 954 S.W.2d 273 (1997). Hearsay evidence, when admitted, may constitute substantial evidence. Johnson v. State, 298 Ark. 617, 770 S.W.2d 128 (1989). See also Jameson, 333 Ark. 128, 970 S.W.D 785 (<HOLDING>). Accordingly, the testimony that T. L. had Options: A. holding that in employees age discrimination suit against former employer supervisors statement to employee was not hearsay even though the statement was offered for its truth because the statement was an admission by a party opponent B. holding that a hearsay statement can itself be considered in first determining if a conspiracy existed when the statement was made C. holding that substantial evidence of rape may be found even though there was only a hearsay statement of the child victim D. holding that mistake as to the age of the victim is no defense to statutory rape E. holding that because the crime of rape involved a nonconsensual act there was a substantial risk that physical force may be used in committing the offense

assistant: The best answer is C. holding that substantial evidence of rape may be found even though there was only a hearsay statement of the child victim
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 AGREEMENT OR ANY OF THE OTHER PARITY LIEN 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 AGREEMENT AND THE OTHER SECURED DEBT DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 17 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: barred by the Knaffla rule: ineffective assistance of trial counsel, the prosecutor’s violation of discovery rules, and his claim that he was denied a fair trial. Sessions implicitly acknowledges that these three issues indeed were known and not raised during his direct appeal. However, Sessions attempts to invoke the “interests of justice” exception. He argues that his failure to raise these issues was not “deliberate and inexcusable” and that but for his attorney’s advice, he would have raised those issues in his direct appeal. None of Sessions’ three claims about his trial fit into the “interests of justice” exception to Knaffla. Sessions’ claim of ineffective assistance of trial counsel is not the type granted under the “interests of justice” exception. See Ives, 655 N.W.2d at 636 (<HOLDING>). Sessions’ claim about the prosecution Options: A. holding that ives claim of ineffective assistance of trial counsel did not fit within the interests of justice exception B. recognizing a constitutional claim for ineffective assistance of counsel C. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate D. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel E. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record

assistant: The best answer is A. holding that ives claim of ineffective assistance of trial counsel did not fit within the interests of justice exception
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a protected activity, (2) suffered an adverse employment decision, and (3) there was a causal link between the protected activity and the adverse employment decision.” Neighorn v. Quest Health Care, 870 F.Supp.2d 1069, 1102 (D.Or.2012); Shepard v. City of Portland, 829 F.Supp.2d 940, 965 (D.Or.2011). 1. “Disclosures” under ORS § 659Á.203, As a threshold matter, the Court must decide whether Lindsey’s reports to Booth regarding the computer search and scrub constitute “disclosures” and thus could potentially qualify as pro-teeted activity under ORS § 659A.203. In Bjurstrom v. Oregon Lottery, the Oregon Court of Appeals held that “disclosure” under the whistleblower protection statute includes a report made within an agency or a department. 202 Or.App. 162, 169-70, 120 P.3d 1235 (2005) (<HOLDING>). The court in Bjwrstrom did conclude, however, Options: A. holding that the title of the statute did not limit the reach of the statute B. holding that the actions were not actions of public and general applicability but were actions directed principally and primarily at plaintiffs C. holding that ors 659a030 does not limit the protected actions to extraagency disclosures of wrongdoing D. holding the fourteenth amendment does not apply to the actions of the federal government E. holding that adea class actions are optin actions under 216b not optout actions subject to rule 23

assistant: The best answer is C. holding that ors 659a030 does not limit the protected actions to extraagency disclosures of wrongdoing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive acknowledges that each of the restrictions set forth in this Article VI are reasonable and necessary for the protection of the Company’s business and opportunities (and those of the Company Group) and that a breach of any of the covenants contained in this Article VI would result in material irreparable injury to the Company and the other members of the Company Group for which there is no adequate remedy at law and that it will not be possible to measure damages for such injuries precisely. Accordingly, the Company and any member of the Company Group shall be entitled to the remedies of injunction and specific performance, or either of such remedies, as well as all other remedies to which any member of the Company Group may be entitled, at law, in equity or otherwise, without the need for the posting of a bond or by the posting of the minimum bond that may otherwise be required by law or court order.

assistant: Remedies