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: Buyer and Seller agree to submit to personal jurisdiction in the State of New York in any action or proceeding arising out of this Agreement and, in furtherance of such agreement, Buyer and Seller hereby agree and consent that, without limiting other methods of obtaining jurisdiction, personal jurisdiction over the parties in any such action or proceeding may be obtained within or without the jurisdiction of any court located in the Borough of Manhattan, New York, and that any process or notice of motion or other application to any such court in connection with any such action or proceeding may be served upon the parties by registered or certified mail to or by personal service at the last known address of the parties, whether such address be within or without the jurisdiction of any such court. Each party hereto hereby expressly waives any and all rights that it may have to make any objections based on jurisdiction or venue to any action brought to enforce this Agreement in any court in accordance with the above provisions.

assistant: Jurisdictions
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 Borrower has the requisite corporate power and authority to execute and deliver this Amendment, and to perform its obligations hereunder and under the Loan Documents (as amended or modified hereby) to which it is a party. The execution, delivery and performance by each Borrower of this Amendment have been duly approved by all necessary corporate action, have received all necessary governmental approval, if any, and do not contravene any law or any contractual restriction binding on any Borrower. No other corporate proceedings are necessary to consummate such transactions.

assistant: Authority
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 ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS SUPPORT AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH SUCH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SUPPORT AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED BY THIS SUPPORT AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (i) 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, (ii) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (iii) EACH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (iv) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THIS SUPPORT AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 5(i).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by any one or more of the parties hereto and thereto in any number of counterparts, each of which shall be deemed to be an original, but all such respective counterparts shall together constitute one and the same instrument. This Agreement may be delivered by any party by facsimile or other electronic transmission.

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: 5.2 use of your equipment : the internet communications software may use the processing capabilities , memory and bandwidth of the computer ( or other applicable device ) you are using , for the limited purpose of facilitating the communication and establishing the connection between internet communications software users .

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: that bar does not extend to his requests for withholding of removal or CAT protection. We conclude, however, that because the IJ’s adverse credibility determination is supported by substantial evidence, Aung did not meet his burden of establishing his eligibility for these forms of relief. See Li v. Ashcroft, 378 F.3d 959, 964 (9th Cir.2004) (reviewing an adverse credibility determination for substantial evidence). There was an inconsistency in Aung’s testimony regarding the date he joined the National League for Democracy (“NLD”) and there was an inconsistency as to whether Aung participated in NLD political activities during his foreign business travels. Because Aung claimed persecution based on his political beliefs, these inconsistencies go to the heart of his claim. See id. (<HOLDING>). PETITION FOR REVIEW DENIED. ** This Options: A. holding that an adverse credibility determination is sufficient to deny asylum B. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination C. holding that in the absence of an adverse credibility determination the court must accept petitioners testimony as true D. holding that the ijs adverse credibility determination must be upheld so long as one of the identified grounds is supported by substantial evidence and goes to the heart of the claim of persecution emphasis added E. holding that the reviewing court must accept the adverse credibility finding so long as one of the identified grounds is supported by substantial evidence and goes to the heart of the petitioners claim of persecution internal quotation marks omitted first alteration in original

assistant: The best answer is B. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination
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: CURIAM. AFFIRMED. See State v. Craft, 685 So.2d 1292, 1295 (Fla.1996) (<HOLDING>). TORPY, C.J., LAWSON and LAMBERT, JJ., Options: A. holding defendant waived selfrepresentation right by proceeding with assigned counsel and walking out of faretta hearing B. holding that written waivers referring only in general terms to potential advantages of representation by counsel and potential disadvantages of selfrepresentation did not sufficiently demonstrate awareness of the dangers of selfrepresentation C. holding that right of selfrepresentation did not attach because defendant had made no indication of his desire to proceed without counsel D. holding that after trial court follows procedure outlined in nelson v state 274 so2d 256 fla 4th dca 1973 and denies motion to discharge counsel court is not thereafter obligated to inform defendant of his or her right to selfrepresentation absent an unequivocal request for selfrepresentation E. holding that the defendant knowingly and intelligently waived his right to counsel even though the exchange between the magistrate and the defendant was inadequate standing alone to inform the defendant of the dangers and disadvantages of selfrepresentation

assistant: The best answer is D. holding that after trial court follows procedure outlined in nelson v state 274 so2d 256 fla 4th dca 1973 and denies motion to discharge counsel court is not thereafter obligated to inform defendant of his or her right to selfrepresentation absent an unequivocal request for selfrepresentation
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 COUNTERPARTY AND Dealer HEREBY IRREVOCABLY WAIVES (ON ITS OWN BEHALF AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ON BEHALF OF ITS STOCKHOLDERS) ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THE TRANSACTION OR THE ACTIONS OF DEALER OR ITS AFFILIATES IN THE NEGOTIATION, PERFORMANCE OR ENFORCEMENT HEREOF.

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: Officers are allowed “some latitude and exercise of judgment,” as long as “those decisions are based on concerns related to the purposes of an [inventory search].” Id. (quotations omitted). That the Policy allows some discretion as to whether to treat a case as an in-custody arrest tow or a private-property tow does not make the inventory search unconstitutional. Likewise, regarding Hall’s other arguments, the minimal discretion afforded searching officers is not constitutionally significant. B. Compliance with the Poliey/Bad Faith Hall next argues Officer Kasper violated the Fourth Amendment by conducting the inventory search in bad faith, as evidenced by his failure to comply with the Policy in several respects. See, e.g., United States v. Rowland, 341 F.3d 774, 780 (8th Cir.2003) (<HOLDING>). The district court found that the searching Options: A. holding a county police civil service board violated officers due process rights by failing to follow its own procedures in their termination proceedings B. holding the evidence supported the police officers failure to follow the directives in the montgomery county police departments field operations manual C. holding that officers action of putting suspects on the ground and searching for weapons was within the scope of a terry stop D. holding that the searching officers failed to follow the departments own procedures by failing to make a record of all property within the inventoried vehicle E. holding that fire departments are analogous to police departments in this respect

assistant: The best answer is D. holding that the searching officers failed to follow the departments own procedures by failing to make a record of all property within the inventoried vehicle
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: 116, 126-27, 970 P.2d 215, 222-23 (1998) (murder conviction) (Although earlier case of State v. Hansen, 304 Or. 169, 173-76, 743 P.2d 157, 159-61 (1987) excluded expert testimony on grooming, it did not hold that such testimony is, in all circumstances, inadmissible. Experts can explain seemingly abnormal responses of a certain class of victims but must refrain from providing details of the victimization process.); State v. LaBounty, 168 Vt. 129, 141, 716 A.2d 1, 9 (1998) (saying that "profile” evidence has been overwhelmingly disapproved by appellate courts); In re Det. of Thorell, 149 Wash.2d 724, 757, 72 P.3d 708, 726 (2003) (profile evidence inadmissible, citing State v. Braham); Braham, 67 Wash.App. 930, 937-39, 938 n. 5, 939 n. 7, 841 P.2d 785, 789-90, 790 ns. 5, 7 (Div. 1 1992) (<HOLDING>). 72 .See this opinion, ante. 73 . Eeds, 254 Options: A. holding grooming evidence inadmissible under r 403 under the facts of the case but not foreclosing admissibility in every case and not addressing r 702 B. holding that laboratory error is a matter of weight and not admissibility under frye v united states 293 f 1013 dccir1923 under rule of evidence 702 if lab error or error rates are so serious that results are not helpful to the jury the trial court may in its discretion rule the evidence inadmissible C. holding that evidence necessary to the governments rebuttal of a defendants case could not be excluded under rule 403 but could have been if it was introduced only to bolster the prosecutions case D. holding that federal rule of evidence 702 superceded the frye standard of admissibility of scientific evidence and that under rule 702 the district court had to determine that proffered expert testimony was both reliable and relevant E. holding that rule 702 admissibility determinations are reviewable under an abuse of discretion standard

assistant: The best answer is A. holding grooming evidence inadmissible under r 403 under the facts of the case but not foreclosing admissibility in every case and not addressing r 702
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 multiple counterparts by the parties hereto. All counterparts so executed shall constitute one agreement binding upon all parties, notwithstanding that all parties are not signatories to the original or the same counterpart. Each counterpart shall be deemed an original to this Agreement, all of which shall constitute one agreement to be valid as of the date of this Agreement. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same legal effect as original signatures. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act (“UETA”) and any applicable state law. Any document accepted, executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, and all other instruments, documents, and agreements executed and delivered in connection herewith and therewith embody the final, entire agreement between the Company and the Holder and supersede any and all prior commitments, agreements, representations, and understandings, whether written or oral, relating hereto or thereto, and may not be contradicted or varied by evidence of prior, contemporaneous, or subsequent oral agreements or discussions of the parties. There are no unwritten oral agreements among the parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: removal to a slave state. See, e.g., Commonwealth v. Aves, 35 Mass. (18 Pick.) 193 (1836) (Shaw, C.J.); Lemmon v. People, 20 N.Y. 562 (1860); see also Dallin H. Oaks, Habeas Corpus in the States— 1776-1865, 32 U. Chi. L.Rev. 243, 279 & n. 194 (1965) (citing additional cases). The exercise of this authority was sufficiently well known that in 1855 a ship captain docking in Cincinnati moved his human cargo across the river to the commonwealth of Kentucky to avoid an Ohio judge’s issuance of the writ. An Attempt to Detain Sixteen Slaves on a Writ of Habeas Corpus, N.Y. Times, Mar. 23, 1855, at 5. As Chief Justice Shaw explained in Aves, unless some law authorized a slave’s removal from the state, transfer was illegal and could be enjoined by a habeas court. 35 Mass. (18 Pick.) at 217 (<HOLDING>); see also State v. Hoppess, 1 Ohio Dec. Options: A. holding that the district court lacked jurisdiction to review the merits of a petition challenging a removal order or to stay a removal order where the petitioner was not specifically challenging his physical detention B. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal C. holding that a habeas court could intervene to stop the transfer of slaves where there was no law which would warrant their fore ible detention or forcible removal D. holding there was no reasonable suspicion which would justify an investigatory stop despite report of a domestic disturbance E. holding taint from illegal detention attenuated by discovery of outstanding warrant where there was no evidence officer stopped appellant solely to request identity in order to run warrant check

assistant: The best answer is C. holding that a habeas court could intervene to stop the transfer of slaves where there was no law which would warrant their fore ible detention or forcible removal
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: certain aspects of the service ( including subscription to a premium account or usage of virtual environments ( `` virtual space , '' as may be further described in an applicable product policy ) ) , are provided for a fee or other charge by linden lab or an applicable payment service provider .

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: Prior to the consummation of the Acquisition, the Borrower is a corporation, duly formed, validly existing and in good standing under the laws of the State of Louisiana. Following the consummation of the Acquisition, the Borrower is a corporation, duly formed, validly existing and in good standing under the laws of the State of Louisiana; provided that if the Borrower changes its form of organization within seven (7) days after the Effective Date, the Borrower shall be a limited liability company, duly formed, validly existing and in good standing under the laws of a state of the United States of America.

assistant: Organizations
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 shall, and Executive hereby acknowledges that he will, comply with his continuing obligations under the terms of the Confidentiality Agreement. Executive agrees to reasonably cooperate with the Company and its Affiliates regarding the orderly transition of his former duties and responsibilities and to reflect his separation from his prior positions with the Company and its Affiliates (including, without limitation, to remove Executive from bank accounts of and as having signing authority for the Company or any of its Affiliates), and further agrees that he will comply with his continuing cooperation obligations pursuant to Section 13 of the Employment Agreement and, for the avoidance of doubt, in return, the Company agrees to comply with its payment obligations pursuant to Section 13 of the Employment Agreement.

assistant: Cooperation
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: over that indi vidual, but it has long been held that the actions of a party cannot accord a court subject matter jurisdiction where that jurisdiction is otherwise lacking.” See Uram v. United States, 216 Ct.Cl. 418, 420-21, 1978 WL 8423 (1978) (order) (citations omitted). Because of the limited subject matter jurisdiction of the Court of Federal Claims, no claim before that court was directed against Cadillac. From the perspective of the Court of Federal Claims, Cadillac was at most a nominal defendant. In any event, we are unaware of any case in which a court has held that a third-party defendant’s status as a party at trial automatically confers Article III standing on such a party seeking appeal. Cf. Diamond v. Charles, 476 U.S. 54, 68, 106 S.Ct. 1697, 1706, 90 L.Ed.2d 48 (1986) (<HOLDING>). We hold that Cadillac does not have standing Options: A. recognizing that standing is an essential component of our appellate jurisdiction and permitting party to appeal only after determining that they had met the requirements of article iii standing B. holding that rule 5212a1 was inapplicable because the wouldbe intervenor failed to show that any missouri statute unconditionally authorized it to intervene as a matter of right C. holding that a motion to intervene was permitted even though the intervenor filed her motion eighteen days before trial where the intervenor herself could have brought an independent action to seek the same relief as she was within the twoyear statute of limitations commencing on the date of her automobile accident D. holding an intervenor in the underlying district court case lacked article iii standing to pursue an appeal where the only remaining controversy in the suit was a dispute over the award of attorneys fees because the fee award was wholly unrelated to the subject matter of the litigation E. holding that a partys status as an intervenor at trial was insufficient alone to confer standing to appeal absent the defendants participation because the intervenor failed independently to satisfy the requirements of article iii

assistant: The best answer is E. holding that a partys status as an intervenor at trial was insufficient alone to confer standing to appeal absent the defendants participation because the intervenor failed independently to satisfy the requirements of article iii
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in Dollars and in Same Day Funds not later than 2:00 p.m. on the date specified herein. Without limiting the generality of the foregoing, the Administrative Agent may require that any payments due under this Agreement be made in the United States. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive agrees that upon termination of the Executive’s employment, for any cause whatsoever, the Executive will surrender to the Company in good condition (reasonable wear and tear excepted) all property and equipment belonging to the Company and all records kept by the Executive containing the names, addresses or any other information with regard to customers or customer contacts of the Company, or concerning any proprietary or confidential information of the Company or any operational, financial or other documents given to the Executive during the Executive’s employment with the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parent, OP LLC and the Borrower have, and have caused all of their respective Subsidiaries and the DevCos to have, (a) all insurance policies sufficient for the compliance by each of them with all material Governmental Requirements and all material agreements and (b) insurance coverage in at least amounts and against such risk (including, without limitation, public liability) that are usually insured against by companies similarly situated and engaged in the same or a similar business for the assets and operations of the Parent, OP LLC, the Borrower and their respective Subsidiaries and the DevCos. The Administrative Agent and the Lenders have been named as additional insureds in respect of such liability insurance policies and the Administrative Agent has been named as lender loss payee with respect to Property loss insurance. No Credit Party or DevCo owns any Building or material Manufactured (Mobile) Home (as defined in the applicable Flood Insurance Regulation), in either case subject to a mortgage lien of any Security Instrument, for which such Credit Party or DevCo has not delivered to the Administrative Agent evidence or confirmation reasonably satisfactory to the Administrative Agent that (i) such Credit Party maintains flood insurance for such Building or Manufactured (Mobile) Home that is acceptable to the Administrative Agent or (ii) such Building or Manufactured (Mobile) Home is not located in a special flood hazard area.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by the Parties in separate counterparts and initially delivered by facsimile transmission or otherwise, with original signature pages to follow, and all such counterparts shall together constitute one and the same instrument.

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: There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower after due and diligent investigation, threatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement, any other Loan Document or the consummation of the Transactions or (b) except as specifically disclosed in Schedule 5.06 , either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, and there has been no change in the status, or financial effect on any Loan Party or any Subsidiary thereof, of the matters described in Schedule 5.06 that could reasonably be expected to have a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: action must be ‘unusually suggestive’ of retaliatory motive before a causal link will be inferred.” 126 F.3d at 503 (citing Robinson, 120 F.3d at 1302). The Court in Krouse cited Jalil as an example of a case where the timing of the retaliatory action (two days after the employee filed an EEOC complaint) was unusually suggestive. See Krouse, 126 F.3d at 503 (citing Jalil, 873 F.2d at 708). PLC discharged Farrell approximately three to four weeks after she rejected DeLong’s advance. A temporal proximity of three to four weeks may support an inference of retaliation. However, more than temporal proximity alone is required to establish a causal connection between the protected activity and the adverse employment action. See Bowles v. City of Camden, 993 F.Supp. 255, 264 (D.N.J.1998) (<HOLDING>). Relying on the Third Circuit’s recent holding Options: A. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury B. holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection C. holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases D. holding that in addition to temporal proximity plaintiff must show further evidence supporting a causal connection E. holding that a close temporal proximity between a public employees speech and a defendants actions suggested a causal relationship

assistant: The best answer is D. holding that in addition to temporal proximity plaintiff must show further evidence supporting a causal connection
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: Tax Bd. of Cal. v. United States Postal Serv., 467 U.S. 512, 104 S.Ct. 2549, 81 L.Ed.2d 446 (1984)). FDIC, by contrast, was created by the Federal Deposit Insurance Act “to regulate banks.” Lambert v. FDIC, 847 F.2d 604, 606 (9th Cir.1988). Unlike the Post Office, the FDIC operates at a loss to the Treasury; it is not a profit-making enterprise. See H.R.Rep. No. 101-54(1), at 103 (1989), reprinted in 1989 U.S.C.C.A.N. 86, 103. In short, because FDIC is not a commercial entity and because Congress has not explicitly waived its immunity against interest, FDIC is not subject to a prejudgment interest award. Thus, the district court did not err by denying the Investors prejudgment interest. See Resolution Trust Corp. v. Federal Sav. & Loan Ins. Corp., 25 F.3d 1493, 1506 (10th Cir.1994) (<HOLDING>). The Investors also request a remand for a Options: A. holding that fdic is immune against interest B. holding that titere is a significant distinction between fdic in its corporate capacity and its receivership capacity where fdic acts as a receiver it is not immune from prejudgment interest C. recognizing that the municipal function test is used to determine both whether municipalities are immune from suit and immune from running of statutes of limitations D. holding that the state is immune from punitive awards E. holding that if a state is immune from underlying discrimination then it follows that the state must be immune from claims alleging retaliation for protesting against discrimination

assistant: The best answer is A. holding that fdic is immune against interest
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: bring his or her Tucker Act action in the Court of Federal Claims within six years of the date of discharge or retirement.”); Martinez, 333 F.3d at 1313 (“The cause of action in [the plaintiffs] Tucker Act suit was for the denial of money; that cause of action therefore accrued when he was separated from active duty and his monetary injury began.”); Adkins v. United States, 68 F.3d 1317, 1321 (Fed.Cir.1995) (noting that the plaintiff, a retired Army officer, was entitled to basic pay under 37 U.S.C. § 204 prior to his retirement, and holding that if the plaintiffs “discharge was voluntary and improper, [his] statutory right to pay was not extinguished, and thus serves as a basis for Tucker Act jurisdiction”); see also Brownfield v. United States, 589 F.2d 1035, 1038-40 (Ct.Cl.1978) (<HOLDING>); Coon v. United States, 30 Fed.Cl. 531, 540 Options: A. holding former wifes cause of action accrued at the time of former husbands failure to pay her the portion of his retirement benefits to which she was entitled which was no earlier than the date of his actual retirement B. holding that a plaintiffs 1983 claim accrued on the date of the alleged illegal search and seizure C. holding that retirement benefit increases due to postdivorce promotion were separate property D. holding that the cause of action accrued on the date of sale E. holding that the plaintiffs claim that he was wrongfully denied a promotion prior to his retirement accrued on the date that he was finally denied that promotion the date of his retirement at the lower rank

assistant: The best answer is E. holding that the plaintiffs claim that he was wrongfully denied a promotion prior to his retirement accrued on the date that he was finally denied that promotion the date of his retirement at the lower rank
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: One of the necessary elements of a claim for injunctive relief is proof of itrepara-ble harm. See Uras R. Civ. P. 65A¥(e) (a preliminary "injunction requires a showing that "[the applicant will suffer irreparable harm unless the order or injunction issues"). "Irreparable injury justifying an injunction is that which cannot be adequately compensated in damages or for which damages cannot be compensable in money." Hunsaker v. Kersh, 1999 UT 106, ¶ 9, 991 P.2d 67 (internal quotation marks omitted). "It is thus well-established that, an injury is irreparable only if it cannot be undone through monetary remedies." Dennis Melancon, Inc. v. City of New Orleans, 703 F.3d 262, 279 (5th Cir.2012) (internal quotation marks omitted). T73 Several jurisdicti 630 F.Supp.2d 853, 867 (S.D.Ohio 2008) (<HOLDING>), Thus, onee the risk of future disclosure has Options: A. holding that the act of slamming is objectively sufficiently serious to state a claim for relief under the eighth amendment alterations and some internal quotation marks omitted B. holding that the loss of trade secrets cannot be measured in money damages C. recognizing that party is not permitted to use the accident of a remand to raise an issue that it could just as well have raised in the first appeal internal quotation marks and alterations omitted D. holding that the logs of trade secrets is usually considered an irreparable harm that cannot be measured in money damages alterations in original internal quotation marks omitted E. recognizing that procedural sentencing error is harmless if the resulting sentence is not longer thanthat to which the defendant would otherwise be subject alterations and internal quotation marks omitted

assistant: The best answer is D. holding that the logs of trade secrets is usually considered an irreparable harm that cannot be measured in money damages alterations in original internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive’s or the Company’s failure to insist upon strict compliance with any provision of, or to assert any right under, this Agreement shall not be deemed to be a waiver of such provision or right or of any other provision of or right under this Agreement. Any provision of this Agreement may be waived by the parties hereto; provided that any waiver by any person of any provision of this Agreement shall be effective only if in writing and signed by each party and such waiver must specifically refer to this Agreement and to the terms or provisions being modified or waived.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: little evidence in order to overcome an employer’s motion for summary judgment” because “the ultimate question is one that can only be resolved through a searching inquiry— one that is most appropriately conducted by a factfinder, upon a full record.” Davis, 520 F.3d at 1089 (quotation marks omit ted); see also McGinest v. GTE Serv. Corp., 360 F.3d 1103, 1112 (9th Cir.2004) (“In evaluating motions for summary judgment in the context of employment discrimination, we have emphasized the importance of zealously guarding an employee’s right to a full trial, since discrimination claims are frequently difficult to prove without a full airing of the evidence and an opportunity to evaluate the credibility of the witnesses.”); Schnidrig v. Columbia Mach., Inc., 80 F.3d 1406, 1409 (9th Cir.1996) (<HOLDING>) (second alteration in original) (quotation Options: A. holding that very little evidence is necessary to raise a genuine issue of fact regarding an employers motive any indication of discriminatory motive may suffice to raise a question that can only be resolved by a factfinder B. holding that motive is circumstantial evidence of intent C. holding extrinsic evidence of defendants motive to possess gun inadmissible where defendant did not contest the issue of motive D. holding that defendants alleged motive to enhance its ability to raise cash under a 80 million credit facility agreement is a sufficient motive to raise an inference of fraudulent intent E. holding other crimes evidence admissible to show motive where motive was put in issue by defense at trial

assistant: The best answer is A. holding that very little evidence is necessary to raise a genuine issue of fact regarding an employers motive any indication of discriminatory motive may suffice to raise a question that can only be resolved by a factfinder
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 to the extent superseded by laws of the United States, the laws of Texas will be controlling in all matters relating to the Plan without regard to the choice of law principles therein. The Plan and all Awards are intended to comply, and will be construed by the Bank in a manner in which they are exempt from or comply with the applicable provisions of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). To the extent there is any conflict between a provision of the Plan or an Award and a provision of Code Section 409A, the applicable provision of Code Section 409A will control.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and construed under, the laws of the State of Florida, all rights and remedies being governed by said laws. The Manager and Member hereby consent to the jurisdiction of the Courts of the State of Florida.

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: The term “Confidential Information” as used herein means all nonpublic information relating to the Subject Matter that is disclosed by either party, its Affiliates (as defined below), or their agents (where applicable, collectively referred to as the “Disclosing Party”), directly or indirectly, in writing, orally or by inspection of premises or tangible objects to the other party (the “Recipient”) that is:

assistant: No
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: we reserve the right to monitor , remove or modify user-generated content for any reason and at any time , including user-generated content that we believe violates these terms , the community guidelines , and/or our policies .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon a Participant’s Termination for any reason during the Restriction Period, all Restricted Stock still subject to restriction will vest or be forfeited in accordance with the terms and conditions established by the Committee at grant, or, if no rights of a Participant are substantially impaired, thereafter.

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: On the terms and subject to the conditions set forth herein, the Company hereby agrees to employ the Executive, and the Executive hereby agrees to accept such employment, for the Employment Term (as defined below). During the Employment Term, the Executive shall serve as Executive Vice President and General Counsel of the Company and shall report to the President and Chief Executive Officer of the Company (the “ CEO ”), performing the normal duties and responsibilities of such position with respect to the business of the Company and such other duties and responsibilities commensurate with such position as the CEO or the Board of Directors of the Company (the “ Board ”) may reasonably assign to the Executive from time to time.

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 legal provision and list the applicable contract clause categories. Provision: All covenants and agreements contained herein, other than those which by their terms apply in whole or in part after the Closing (which shall survive the Closing), shall terminate as of the Closing, provided nothing herein shall relieve any party of liability for any breach of such covenant or agreement before it terminated. Except for the warranties and representations contained in clauses (a), (b), (c), (d) and (e) of Section 3.01 and the representations and warranties contained in Section 3.02, the warranties and representations made herein shall survive for one (1) year following the Closing Date and shall then expire and the warranties and representations contained in clauses (a), (b), (c), (d) and (e) of Section 3.01 and the representations and warranties contained in Section 3.02 shall survive until the statute of limitations applicable thereto and shall then expire; provided that nothing herein shall relieve any party of liability for any inaccuracy or breach of such representation or warranty to the extent that any good faith allegation of such inaccuracy or breach is made in writing prior to such expiration.

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: The execution, delivery and performance by the Company Parties of this Agreement and the Additional Agreements and the consummation by the Company Parties of the transactions contemplated hereby and thereby are within the corporate powers of the Company Parties and have been duly authorized by all necessary action on the part of the Company Parties. This Agreement constitutes, and, upon their execution and delivery, each of the Additional Agreements will constitute, a valid and legally binding agreement of the Company Parties enforceable against the Company Parties in accordance with their respective terms, except as may be limited by bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity.

assistant: Authorizations
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: Employee agrees to cooperate fully with the Employer and to consult with the Employer in connection with the transition of Employee’s responsibilities, and to provide information as needed by the Employer from time to time on a reasonable basis, including, but not limited to, cooperation in connection with litigation, audits, investigations, claims, or personnel matters that arise or have arisen over actions or matters that occurred or failed to occur during the Employee’s employment with the Employer. Employee agrees to assist the Employer as a witness or during any audit, investigation, or litigation (including depositions, affidavits and trial) if requested by the Employer. Employee agrees to meet at reasonable times and places with the Employer’s representatives, agents or attorneys for purposes of preparing for such activities. To the extent practicable and within the control of the Employer, Employee will use reasonable efforts to schedule the timing of Employee’s participation in any such activities in a reasonable manner to take into account Employee’s then current employment. The Employer will pay the reasonable documented out-of-pocket expenses that Employee incurs for any travel required by the Employer with respect to those activities.

assistant: Cooperation