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 legal provision and list the applicable contract clause categories. Provision: No brokerage or finder’s fees or commissions are or will be payable by the Sellers or Company to any broker, financial advisor or consultant, finder, placement agent, investment banker, bank or other Person with respect to the transactions contemplated by the Transaction Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: reversed in part, and cause remanded. Kline, J., concurs in part and dissents in part. McFarland, J., concurs. 1 . Oliver subsequently remarried, and her current last name is Robson. However, we use Oliver because Oliver is the name that appears in the trial court record. And while the nature of her injury or damages is not clear, the parties have not addressed whether she suffered any compensable injury in fact. Therefore, neither do we. Kline, Judge, dissenting in part. {¶ 34} I respectfully dissent insofar as the majority affirms summary judgment against Robson on the claim of negligent procurement. In my view, there may be an issue of whether Cadd owed Robson a duty of care to procure insurance coverage. See Lu-An-Do, Inc. v. Kloots (1999), 131 Ohio App.3d 71, 76, 721 N.E.2d 507 (<HOLDING>); but, see, Minor v. Allstate Ins. Co. (1996), Options: A. holding the plain terms of the mortgage did not demonstrate any contractual duty on the mortgagee to procure coverage on plaintiffs property or to notify plaintiff of lapse in coverage B. holding that an insurance agent who does not procure the insurance coverage requested breaches his or her duty suggesting a negligence claim C. holding that insurance agents owe no duty to procure coverage for persons with no written or oral agreement with the agent to procure coverage or who have never contacted the agent about insurance coverage D. holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage E. holding that insurance certificate holder could not maintain negligence action against insurer when certificate holder was not insurers customer did not discuss insurance coverage with insurer and did not make any specific request to procure insurance coverage

assistant: The best answer is C. holding that insurance agents owe no duty to procure coverage for persons with no written or oral agreement with the agent to procure coverage or who have never contacted the agent about insurance coverage
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: Inc., 604 So.2d 807, 810 (Fla.1992). This test has also been used to decide which party is the “prevailing party” for purposes 'of awarding appellate costs under rule 9.400(a). The test is somewhat modified because the trial court must determine which party prevailed on the significant issues on appeal, not at trial. See North American Van Lines v. Ferguson Transp., Inc., 662 So.2d 1275 (Fla. 4th DCA 1995). In General Capital, we emphasized that a “dogmatic approach” to appellate costs is not appropriate and that such costs do not automatically “follow the judgment.” 239 So.2d at 135-36. There are cases involving appeals and cross-appeals in which courts have held that no party prevailed for purposes of awarding costs. See, e.g., Phares v. Cowles, 459 So.2d 1110 (Fla. 4th DCA 1984) (<HOLDING>). FP & L’s appeal and the estates’ cross-appeal Options: A. holding that prevailing party has no standing to appeal B. holding that successful party is one who is the ultimate prevailing party in the litigation C. holding neither party was prevailing party where appeal and crossappeal were dismissed D. holding in landlordtenant case that the court has discretion to characterize neither party as prevailing where each party prevailed on a main issue E. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees

assistant: The best answer is C. holding neither party was prevailing party where appeal and crossappeal were dismissed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the steroid manufacturing process for the broader conspiracy, including by transferring steroids into vials and labeling them. There was also evidence that Karimi carried manufacturing equipment into his apartment, that such equipment was stored at Karimi’s apartment, and that steroids were taken to the post office directly from Karimi’s apartment. Thus, the district court was entitled to find that all of the drugs that were manufactured and distributed while Karimi was involved in the conspiracy were within the scope of, in furtherance of, and reasonably foreseeable in connection with the criminal activity Karimi jointly undertook with his co-conspirators. See U.S. Sentencing Guidelines Manual § 1B1.3(a)(1)(B) & app. n.3(D); United States v. Godson, 763 F.3d 1189, 1220 (9th Cir. 2014) (<HOLDING>); see also United States v. Newland, 116 F.3d Options: A. holding that evidence was insufficient to prove a conspiracy where the evidence did not show that individuals who sold drugs to the defendant knew that the drugs were meant to be resold B. holding that the district courts error in calculating the amount of drugs at issue was harmless because the error had no impact on the defendants sentence C. holding that the sentencing court erred in failing to make a factual determination as to the amount of drugs attributable to the defendant after his participation in the charged conspiracy D. holding no error as to relevant conduct where there were detailed factual recitations connecting the defendant to the drugs at issue and establishing that they were part of the conspiracy E. holding that uncharged amounts of drugs may be included as relevant conduct even if the defendant never actually possessed or distributed the drugs

assistant: The best answer is D. holding no error as to relevant conduct where there were detailed factual recitations connecting the defendant to the drugs at issue and establishing that they were part of the conspiracy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall deliver all notices, requests, consents, claims, demands, waivers and other communications under this Agreement in writing and addressed to the other Party at its address set forth below (or to such other address that the receiving Party may designate from time to time in accordance with this section). Each Party shall deliver all notices by personal delivery, nationally recognized overnight courier, or certified or registered mail (in each case, return receipt requested, postage prepaid). Notwithstanding the foregoing, for the purposes of 0 , 0 , 0 , notice given by facsimile or e-mail (with confirmation of transmission) will satisfy the requirements of this 0 . Except as otherwise provided in this Agreement, a notice is effective only (a) on receipt by the receiving Party, and (b) if the Party giving the notice has complied with the requirements of this 0 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: number bears the responsibility for any violation of the Commission’s rules. Calls placed by a third party collector on behalf of that creditor are treated as if the creditor itself placed the call.” Id. at 565, ¶ 10. The 2008 ruling also affirmed that a predictive dialer constitutes an automatic telephone dialing system and is subject to the TCPA’s restrictions on the use of autodialers. Id. at 566, ¶ 12. Under the Administrative Orders Review Act, otherwise known as the Hobbs Act, the Court of Appeals is vested with exclusive jurisdiction to determine the validity of all final orders of the FCC. 28 U.S.C. § 2342(1). This Court is therefore bound by the FCC’s orders, which are final and controlling. See CE Design, Ltd. v. Prism Business Media, Inc., 606 F.3d 443, 446 (7th Cir.2010) (<HOLDING>). DISCUSSION I. Honda’s and FCS’s Motions to Options: A. holding that proof of racketeering was not a separate prerequisite to criminal liability under the hobbs act B. holding that impossibility is not a defense to attempts or conspiracy under the hobbs act C. holding that the fccs orders relating to the tcpa are binding under the hobbs act D. holding the meaning of commerce element in a different federal statute the hobbs act to be a question of law E. holding two elements are essential for a hobbs act prosecution robbery and an effect on commerce

assistant: The best answer is C. holding that the fccs orders relating to the tcpa are binding under the hobbs act
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 provision of this Agreement may be amended, modified or waived unless such amendment, modification or waiver is authorized by Employer and is agreed to in writing, signed by Employee and by an officer of Employer (other than Employee) thereunto duly authorized. Except as otherwise specifically provided in this Agreement, no waiver by any Party hereto of any breach by any other Party hereto of any condition or provision of this Agreement to be performed by such other Party shall be deemed a waiver of a similar or dissimilar provision or condition at the same or at any prior or subsequent time nor shall the receipt or acceptance of Employee’s employment be deemed a waiver of any condition or provision hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to comply with both. Florida Lime & Avocado Growers, Inc. v. Paul, 373 U.S. 132, 143, 83 S.Ct. 1210, 10 L.Ed.2d 248 (1963). Here, it is not possible for the debtor to transfer his legal right to the inheritance to the trustee to be administered as property of the estate as required under 11 U.S.C. §§ 541 & 542 and also exercise his disclaimer right under Va.Code Ann. § 64.1-196.4. As with the federal grant of exemptions in the Code allowing debtors to exclude certain property from the estate, even state exemption statutes in "opt-out" states arise by the federal grant of exemptions in § 522, the right to disclaim inheritance property and exclude it from the estate must come from an act of Congress. Cf. United States v. Irvine, 511 U.S. 224, 240, 114 S.Ct. 1473, 128 L.Ed.2d 168 (1994) Options: A. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law B. holding that where a conflict between state and federal law is alleged it must be reasonable to conclude that congress would have intended to preclude the state law in question since it would make little sense to preempt state law in order to serve the purposes underlying federal legislation if congress itself would not require or admit of preemption of state authority C. holding that the plaintiffs state law claims are preempted by federal law D. holding federal tax law is not struck blind by state law right to inheritance disclaimer where congress has shown no intent to support state law legal fictions as touchstones of taxability E. holding that state law consequences of disclaimer and relationback doctrine are of no concern to operation of federal tax law

assistant: The best answer is D. holding federal tax law is not struck blind by state law right to inheritance disclaimer where congress has shown no intent to support state law legal fictions as touchstones of taxability
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: possessed 287 vials of crack-cocaine. See N.Y.Penal Law §§ 220.09, 220.16, 220.18 (McKinney 1989). Since petitioner did not have these vials in his physical possession at the time of his arrest and had not been seen selling them, the prosecution was obligated to prove that petitioner constructively possessed the vials. Constructive possession under New York law requires a showing that the defendant “exercised dominion or control over the property by a sufficient level of control over the area in which the contraband is found or over the person from whom the contraband is seized.” People v. Manini, 79 N.Y.2d 561, 573, 584 N.Y.S.2d 282, 594 N.E.2d 563 (1992); see also N.Y.Penal Law § 10.00(8) (McKinney 1987); People v. Whitehead, 159 A.D.2d 741, 552 N.Y.S.2d 685 (App.Div.1990) (<HOLDING>); People v. Simms, 175 A.D.2d 144, 572 N.Y.S.2d Options: A. holding that a grocery store clerk exercised sufficient dominion and control to constitute constructive possession of fireworks where the fireworks were next to or in the general proximity of the clerk who was in a plexiglassenclosed area to which the public did not have access B. holding that constructive possession exists where one knowingly has the power and the intention at a given time to exercise dominion and control over an object either directly or through others C. holding that the filing of a motion to dismiss the case by the clerk of court did not interrupt the running of the threeyear prescriptive period for abandonment because the action was taken by the clerk of court a nonparty D. holding that an instruction requiring the jury to find that the defendant had the power and intention to exercise dominion and control over the cocaine was adequate to convey the principle that mere presence or proximity is not sufficient E. holding that proof that the person has dominion over the premises where the firearm is located is sufficient to establish constructive possession citation omitted

assistant: The best answer is A. holding that a grocery store clerk exercised sufficient dominion and control to constitute constructive possession of fireworks where the fireworks were next to or in the general proximity of the clerk who was in a plexiglassenclosed area to which the public did not have access
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: mailing obligation for BVA decision); see also Jones and Mindenhall, both supra; Hyson v. Brown, 5 Vet.App. 262, 264-65 (1993); Saylock, supra. The “latest address of record” for the appellant was, at the time of the SOC mailing (and still is), “13230 E. 32 Court[,] Tulsa, OK. 74134”. This address was listed as her address on her NOD, the last correspondence from the appellant to VA immediately prior to the issuance of the SOC. The RO, however, sent the SOC to the appellant at the wrong ZIP Code. The Court concludes that the ZIP Code used by VA in forwarding the SOC to the appellant did not match that in “latest address of record”. Because VA used an address other than the one “of record”, VA failed to comply with § 19.30. See Schafrath v. Derwinski, 1 Vet.App. 589, 592-93 (1991) (<HOLDING>). Nor do we find persuasive the Secretary’s Options: A. holding that a states failure to follow its own procedural regulations does not constitute a violation of due process if constitutional minima are met B. holding that va must follow its own regulations C. holding that an agencys interpretation of its own regulations is entitled to deference D. holding that an employers mere failure to follow its own rules and regulations does not give rise to a protected property interest E. holding that the board is not free to ignore its own regulations

assistant: The best answer is B. holding that va must follow its own regulations
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 needed to be corrected. None of these violations were in the basement or concerned using the basement rooms as sleeping areas. Apparently, these minor violations were corrected. The City of Gaithersburg conducted a re-inspection of the home on April 16, 1998 and issued a Final Rental Housing License on April 17, 1998. The April 16, 1998 re-inspection did not include an inspection of the basement because no violations had been found in the basement on March 4,1998. The City of Gaithersburg successfully moved for summary judgment against appellants’ claims on the grounds that no private cause of action exists against a municipality when it fails to enforce its own safety regulations. Willow Tree Learning Ctr., Inc. v. Prince George’s County, 85 Md.App. 508, 515, 584 A.2d 157 (1991) (<HOLDING>). The Court entered the following Orders: Options: A. recognizing that negligent conduct of police investigations does not give rise to a cause of action because the duty to protect citizens and enforce the law is one owed generally to the public B. holding that there must be evidence that the parent corporation assumed a duty to ensure safety C. holding that absence of private analog to states licensing and regulation of daycare facilities barred negligence action D. recognizing duty of parent to control conduct of child E. holding that duty of county and inspector under statute and ordinance to ensure safety of playground equipment at a daycare center was owed to public generally and could not be the basis for a negligence cause of action brought by a parent of an injured child

assistant: The best answer is E. holding that duty of county and inspector under statute and ordinance to ensure safety of playground equipment at a daycare center was owed to public generally and could not be the basis for a negligence cause of action brought by a parent of an injured child
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 Shares shall be delivered under the Plan to any Participant or other person until the Participant or other person has made arrangements acceptable to the Administrator for the satisfaction of any non-U.S., U.S.-federal, U.S.-state, or local income and employment tax withholding obligations, including, without limitation, obligations incident to the receipt of Shares. Upon exercise or vesting of an Award, the Company shall withhold or collect from the Participant an amount sufficient to satisfy such tax obligations, including, but not limited to, by surrender of the whole number of Shares covered by the Award sufficient to satisfy the minimum applicable tax withholding obligations incident to the exercise or vesting of an Award.

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 legal provision and list the applicable contract clause categories. Provision: In connection with the execution of this Agreement, Executive will execute the Company’s standard form of Mutual Pre-Dispute Arbitration Agreement (the “Arbitration Agreement”) and agrees that its terms are binding upon him. Nothing in this Section 6.10 or in the Arbitration Agreement shall be deemed modified or terminated in the event of the termination or expiration of this Agreement. Executive understands and agrees that, as a condition of his employment with the Company, any and all disputes that Executive may have with the Company, or any of its employees, officers, directors, agents or assigns, which arise out of Executive’s employment or investment or compensation shall be resolved through final and binding arbitration, as specified in the Arbitration Agreement. This shall include, without limitation, and in addition to those disputes and claims referenced in the Arbitration Agreement, any controversy, claim or dispute of any kind, including disputes relating to any employment by the Company or the termination thereof, claims for breach of contract or breach of the covenant of good faith and fair dealing, infliction of emotional distress, defamation and any claims of discrimination, harassment or other claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law or regulation now in existence or hereinafter enacted and as amended from time to time concerning in any way the subject of Executive’s employment with the Company or its termination. The only claims not covered by this Section 6.10 and the Arbitration Agreement are claims for benefits under the unemployment insurance or workers’ compensation laws, and any claims pursuant to Section 4 of this Agreement, or any other dispute as to which a contractual agreement to arbitrate is not legally binding, and any disputes so excluded shall be resolved in the state or federal courts located in New York, New York or as otherwise provided by applicable law.

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: had occasion to address whether Kimbrough’s holding applies to crack offenders sentenced under the career offender Guideline, U.S.S.G. § 4Bl.l(b), and our own pronouncements on this question have been inconsistent. As the Government points out, in this case we remanded a sentence imposed under the career offender Guideline for resentencing in light of Kimbrough, 534 F.3d at 707. Our decision necessarily assumed, without explicitly deciding, that the holding of Kimbrough applied to sentences under the career offender Guideline. In other cases, decided shortly after our decision in this case, the court held explicitly that offenders sentenced under the career offender Guideline should not be accorded a Kimbrough/Taylor remand. United States v. Harris, 536 F.3d 798, 812-13 (7th Cir.2008) (<HOLDING>). See also United States v. Clanton, 538 F.3d Options: A. holding that sentences imposed under the career offender guideline are not eligible for remand under kimbrough and taylor because a sentence under the career offender guideline raises no kimbrough problem B. holding that a district court is entitled to disagree with the career offender guideline C. holding that reduced career offender status was nonetheless based the career offender guidelines D. holding that a defendant whose sentence is based on his status as a career offender under 4b11 is not entitled to 3582c2 relief because amendments 706 and 713 do not lower the applicable guideline range for a career offender E. holding that the career offender guideline could not directly apply when there was an unsentenced conviction but allowing the district court on remand to consider departing from the guidelines in order to sentence a defendant whose conduct delayed his convictions as if the career offender provision applied

assistant: The best answer is A. holding that sentences imposed under the career offender guideline are not eligible for remand under kimbrough and taylor because a sentence under the career offender guideline raises no kimbrough problem
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) Except as expressly provided in Section 6.7(b) , all payments (whether of principal, interest, fees, reimbursements or otherwise) by the Borrower under this Agreement and the Notes shall be made without set-off or counterclaim and shall be made free and clear of and without deduction or withholding for any present or future tax, levy, impost or any other similar charge and all interest, penalties or similar liabilities with respect thereto (“ Taxes ”), if any, now or hereafter imposed by the United States government or any taxing authority thereof other than (i) income or franchise taxes imposed on (or measured by) net income or net earnings by any such tax authority, (ii) any Taxes attributable to such Bank’s failure to comply with the provisions of Section 13.5(b) relating to the maintenance of a Participant Register and (iii) any U.S. federal withholding Taxes imposed under FATCA (all such non-excluded taxes, levies, imposts and other similar amounts, “ Non-Excluded Taxes ”). In the event that any Non-Excluded Taxes are required by law to be deducted or withheld from any payments by the Borrower, the Borrower shall pay to the Administrative Agent, on the date of each such payment, such additional amounts as may be necessary in order that the net amounts received by Administrative Agent and the Banks after such deduction or withholding shall equal the amounts which would have been received if such deduction or withholding were not required, provided that the Borrower shall not be required to pay such additional amounts to any Non-U.S. Bank unless such Bank complies with the provisions of clause (b) below. The Borrower shall confirm that all applicable Non-Excluded Taxes, if any, imposed on this Agreement and the Notes or transactions hereunder shall have been properly and legally paid by it to the appropriate taxing authorities by sending official tax receipts or notarized copies of such receipts to the Administrative Agent within 30 days after payment of any applicable Non-Excluded Taxes. For purposes of this Section 6.7 , the term “law” shall include FATCA.

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 legal provision and list the applicable contract clause categories. Provision: There is no action, suit, inquiry, notice of violation, proceeding (including any partial proceeding such as a deposition) or investigation pending or threatened in writing against or affecting the Company or any of its properties before or by any court, arbitrator, governmental or administrative agency, regulatory authority (federal, state, provincial, county, local or foreign), stock market, stock exchange or trading facility (“ Action ”) that (i) adversely affects or challenges the legality, validity or enforceability of any of this Agreement or the Company Shares or (ii) could, if there were an unfavorable decision, individually or in the aggregate, have or reasonably be expected to result in a Company Material Adverse Effect. Neither the Company, nor any director or officer thereof (in his or her capacity as such), is or has been the subject of any Action involving a claim or violation of or liability under federal, state or provincial securities laws or a claim of breach of fiduciary duty.

assistant: Litigations
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 a number of identical counterparts which, taken together, shall constitute collectively one agreement; in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart with each party’s signature. Facsimile and/or electronic signature pages shall be effective for purposes of this Section 11.15. Handwritten signatures to this Agreement transmitted by telecopy or electronic transmission (for example, through use of a Portable Document Format or “PDF” file) shall be valid and effective to bind the party so signing. Each party agrees to promptly deliver to the other party an executed original of this Agreement with its actual signature, but a failure to do so shall not affect the enforceability of this Agreement, it being expressly agreed that each party to this Agreement shall be bound by its own telecopied or electronically transmitted handwritten signature and shall accept the telecopied or electronically transmitted handwritten signature of the other party to this 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: y ou may not assign this eula or any of the rights or licenses granted hereunder , directly or indirectly , including by sale , merger , change of control , operation of law or otherwise , without the prior express written consent of the company .

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: It is a company or corporation duly organized, validly existing, and in good standing under the laws of the jurisdiction in which it is incorporated, and has full corporate power and authority and the legal right to own and operate its property and assets and to carry on its business as it is now being conducted and as contemplated in this Agreement, including, without limitation, the right to grant the licenses granted by it hereunder.

assistant: Powers
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: 408 U.S. at 95, 92 S.Ct. at 2290 (citations omitted). See also First Nat’l Bank of Boston v. Bellotti, 435 U.S. 765, 784-86, 98 S.Ct. 1407, 1420-21, 55 L.Ed.2d 707 (1978). While the Supreme Court has recently noted that the First Amendment does not prohibit underinclusiveness per se, see R.A.V. v. City of St. Paul, Minn., — U.S. -, -, 112 S.Ct. 2538, 2545, 120 L.Ed.2d 305 (1992), it has consistently applied two principles in examining the underinclusiveness of a restriction on speech. First, the Court has held that a restriction on speech may not single out a class of speakers on the basis of criteria that are wholly unrelated to the interest sought to be advanced. See City of Cincinnati v. Discovery Network, Inc., — U.S. -, -, -, 113 S.Ct. 1505, 1509, 1517, 123 L.Ed.2d 99 (1993) (<HOLDING>); Florida Star v. B.J.F., 491 U.S. 524, 109 Options: A. holding removal of commercial newsracks in order to promote safety and aesthetics in violation of first amendment because noncommercial newsracks posing identical problems remained unregulated B. holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal C. holding portions of the coercion of public servant or voter statute unconstitutionally overbroad in violation of the first amendment and in violation of the separation of powers D. holding canine sniff of commercial truck parked at weigh station during a routine safety inspection was not a violation of the fourth amendment E. holding that review of an original removal decision and a subsequent removal order are distinct

assistant: The best answer is A. holding removal of commercial newsracks in order to promote safety and aesthetics in violation of first amendment because noncommercial newsracks posing identical problems remained unregulated
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (a) personally served, (b) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (c) delivered by reputable air courier service with charges prepaid, or (d) transmitted by hand delivery, telegram, or e-mail as a PDF, addressed as set forth below or to such other address as such party shall have specified most recently by written notice given in accordance herewith. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (i) upon hand delivery or delivery by e-mail at the address designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (ii) on the third business day following the date of mailing by express courier service or on the fifth business day after deposited in the mail, in each case, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.3d at 1562. With regard to the reduction in work hours, Belanger had his hours reduced even more than Beal; and thus, even assuming that Beal is correct in stating that she and Belanger were functionally equal in terms of job duties, Belanger was not treated more favorably than Neal. Belanger also is not a valid comparator for Beal’s disparate-discharge claim because he was terminated for unsatisfactory performance, while Beal was terminated for recording customer calls in violation of company policy. Because Beal failed to show the existence of a valid comparator in either her race discrimination or discriminatory discharge claims and does not present other evidence of discrimination, she failed to establish a prima facie case of discrimination. See Burke-Fowler, 447 F.3d at 1323 (<HOLDING>). Accordingly, the district court properly Options: A. holding that plaintiff could not establish prima facie case of discrimination where plaintiff failed to meet minimum qualifications for job B. holding that plaintiff could not establish a prima facie case of discrimination because she was unable to present evidence that she was qualified for the position C. holding that a plaintiff had not established a prima facie case of race discrimination because she failed to show valid comparators and presented no other circumstantial evidence of discrimination D. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 E. holding that more favorable treatment of similarly situated employees outside the race classification is required to make a prima facie race discrimination case

assistant: The best answer is C. holding that a plaintiff had not established a prima facie case of race discrimination because she failed to show valid comparators and presented no other circumstantial evidence of discrimination
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 for the representations and warranties contained in Section 3 and any schedules or certificates delivered in connection herewith, the Company makes no other representation or warranty, express or implied, written or oral, and hereby, to the maximum extent permitted by applicable Law, disclaims any such representation or warranty, whether by the Company or any other Person, with respect to the Company or with respect to any other information (including, without limitation, pro forma financial information, financial projections or other forward-looking statements) provided to or made available to the Purchaser or any of their respective Representatives in connection with the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of any loan made hereunder for any purpose other than for working capital and general corporate purposes (including at the Borrower’s option but subject to the other terms of this Agreement, for financing the repurchase of the PIK Toggle Notes and for financing the repurchase of the Notes to the extent permitted under this Agreement); provided that, no part of the proceeds of the loans made to Borrower will be used to purchase or carry any such Margin Stock or to extend credit to others for the purpose of purchasing or carrying any such margin stock or for any purpose that violates the provisions of Regulation T, U or X of the Board of Governors of the United States Federal Reserve.

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: (a) THIS LETTER AGREEMENT AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS LETTER AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAW OF THE STATE OF NEW YORK.

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 case excerpt and choose the best holding from the options. Case excerpt: alleged advice that the jury would have been advised of the similarity of the crimes, appellant’s propensity to commit similar crimes, and of appellant’s recent release from prison do not appear to be accurate statements. First of all, the prosecution’s presentation of similar fact evidence is generally not contingent on whether or not the defendant takes the stand. See § 90.404(2)(a), Fla.Stat. (1993); Williams v. State, 110 So.2d 654 (Fla.), cert, denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). Therefore, it appears that if appellant avoided the witness stand merely to prevent the presentation of so-called Williams Rule evidence, he was ill-advised. Second, it is not apparent from this record why the fact that appellant had recently been released from prison CA 1995) (<HOLDING>). We decline to decide that issue in this case Options: A. holding that where the defendant claims he was deprived of the right to testify by reason of ineffective assistance of trial counsel both prongs of the strickland test must be satisfied in order to obtain postconviction relief B. recognizing that strickland applies to ineffective assistance of appellate counsel claims C. holding that the appropriate vehicle for claims alleging that defense counsel violated a defendants right to testify is a claim of ineffective assistance of counsel D. holding that pennsylvanias test for ineffective assistance of counsel is not contrary to strickland E. holding that where the defendant claims that he was deprived of the right to testify by reason of ineffective assistance of trial counsel the defendant need not also satisfy the second prong of strickland v washington 466 us 668 687 104 sct 2052 2064 80 led2d 674 693 1984 specifically that the deficient performance prejudiced the defense

assistant: The best answer is A. holding that where the defendant claims he was deprived of the right to testify by reason of ineffective assistance of trial counsel both prongs of the strickland test must be satisfied in order to obtain postconviction relief
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: world of warcraft shall be considered `` out of publication '' following the date that world of warcraft is no longer manufactured and/or distributed by blizzard entertainment , or its affiliates .

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: Executive acknowledges and agrees that, subject to receipt of Executive’s Severance Benefits, his employment and service ended effective as of the Date of Termination (as defined in the Severance Agreement), including with respect to all of the offices, directorships, appointments and other positions he holds with the Company and all of its parents, subsidiaries, and affiliates. Executive hereby acknowledges that he received adequate notice of termination and is not entitled to any “cure” period or pay in lieu of notice, beyond what he has already been provided pursuant to the Letter Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: action under the Donnelly Act (General Business Law § 340) because the treble damages remedy provided for in subsection 5 constitutes a ‘penalty’ within the meaning of CPLR 901(b).” Cox v. Microsoft Corp., 290 A.D.2d 206, 737 N.Y.S.2d 1 (N.Y.App.Div.2002). See also Paltre v. Gen. Motors Corp., 26 A.D.3d 481, 483, 810 N.Y.S.2d 496 (N.Y.App.Div. 2006) (“The treble damages provision [in New York’s Donnelly Act] is a penalty within the meaning of § 901(b). The plaintiffs’ Donnelly Act class action may not be maintained because the Donnelly Act does not specifically authorize the recovery of this penalty in a class action[.]”) (citations omitted); Sperry v. Crompton Corp., 26 A.D.3d 488, 489, 810 N.Y.S.2d 498 (N.Y.App.Div.2006), aff'd, 8 N.Y.3d 204, 831 N.Y.S.2d 760, 863 N.E.2d 1012 (2007) (<HOLDING>). As was discussed in Erie Railroad Co. v. Options: A. holding that a district court properly dismissed as barred by res judicata an independent action for rescission of a prior judgment on the basis of fraud where the plaintiff failed to mount a viable direct attack on the earlier judgment B. holding where plaintiffs stake in controversy disappears before there has been effort to certify class action the action must be dismissed C. holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed D. holding that the court below had properly dismissed the plaintiffs donnelly act class action as barred by cplr 901b E. holding that district court properly dismissed claims in 2241 petition that had been decided in previous habeas action

assistant: The best answer is D. holding that the court below had properly dismissed the plaintiffs donnelly act class action as barred by cplr 901b
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: floor bathroom prior to the date Phillips fell. Riley understood the reason for the water was due to “some type of plumbing problem.” Riley stated there was a problem with the plumbing in the first floor bathroom “at least every other month.” Riley further stated that every time he was in the bathroom, it was “sloppy, with water on the floor and water on the counter. I have never seen it in a clean condition.” Phillips argued a genuine dispute existed as to the element of knowledge because this evidence established that “the maintenance crew knew that the bathroom' in question had had plumbing issues in the past, and had on more than one prior occasion, cleaned up and fixed said plumbing issues.” See Zacher v. Missouri Real Estate & Ins. Agency, Inc., 393 S.W.2d 446, 448-49 (Mo. 1965) (<HOLDING>); Braun, 907 S.W.2d at 374 (holding the Options: A. holding that plaintiff failed to show that the defendant had actual or constructive notice of a puddle of water that had accumulated on a bank floor on a rainy day 20 minutes after the bank opened B. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge C. holding the defendant had actual knowledge of a dangerous condition a wet floor in the second floor hallway because snow and sleet regularly accumulated there in periods of inclement weather D. holding that in the absence of undisputed evidence the issues of whether a store in a slipandfall case had actual or constructive knowledge of an item on the floor is a question reserved for the jury E. holding that absent any actual evidence of injury the plaintiffs allegations were too vague to establish the jurisdictional floor for damages

assistant: The best answer is C. holding the defendant had actual knowledge of a dangerous condition a wet floor in the second floor hallway because snow and sleet regularly accumulated there in periods of inclement weather
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 waiver of any breach of any term or provision of this Separation Agreement shall be construed to be, nor shall be, a waiver of any other breach of this Separation Agreement. No waiver shall be binding unless in writing and signed by the party waiving the breach.

assistant: Waivers