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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this means that , in connection with your claim , you agree that you will not seek and that you will not be permitted to obtain any court or other action that may interfere with or prevent the development or exploitation of any website , content , user content , unsolicited ideas and materials , product , service , or other intellectual property owned , licensed , or controlled by linden lab or a licensor of linden lab .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive and the Employer acknowledges that a remedy at law for any breach or threatened breach of Section 7 or 8 of this Agreement will be inadequate and that each Party may be entitled to specific performance, injunctive relief, and any other remedies available to it for such breach or threatened breach. If a bond is required to be posted in order for either Party to secure an injunction, then the Parties stipulate that a bond in the amount of One Thousand and No/100 Dollars (US$1,000) will be sufficient and reasonable in all circumstances to protect the rights of the Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Commitment Letters supersede all other prior oral or written agreements between the Lenders, the Company, their affiliates and persons acting on their behalf with respect to the matters discussed herein, and this Agreement, the Commitment Letters and the instruments referenced herein and therein contain the entire understanding of the parties with respect to the matters covered herein and therein and, except as specifically set forth herein or therein, neither the Company nor any Lender makes any representation, warranty, covenant or undertaking with respect to such matters.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Indemnity and Subrogation . In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 6(c)), the Borrower agrees that (i) in the event a payment shall be made by any Guarantor under this Guaranty in respect of any Guaranteed Obligation, the Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the person to whom such payment shall have been made to the extent of such payment and (ii) in the event any assets of any Guarantor shall be sold pursuant to this Guaranty or any other Security Document to satisfy in whole or in part a Guaranteed Obligation, the Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

assistant: Indemnity
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: As of the Effective Date, Part (a) of Schedule 3.12 sets forth the name of, and the ownership interest of the Borrower and each Subsidiary in, each Subsidiary. As of the Effective Date, Part (b) of Schedule 3.12 sets forth all equity investments in any other corporation or entity other than those specifically disclosed in Part (a) of Schedule 3.12. All of the outstanding Equity Interests in the Borrower and its Subsidiaries have been validly issued, are fully paid and non-assessable and are owned free and clear of all Liens except those created under the Security Documents and the Organizational Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as permitted herein, Seller shall not sell, assign, transfer or otherwise dispose of, or grant any option with respect to, or pledge, hypothecate or grant a security interest in or lien on or otherwise encumber (except pursuant to the Program Documents), any of the Purchased Assets or any interest therein, provided that this Section 6.04 shall not prevent any transfer of Purchased Assets in accordance with the Program Documents.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand and agree that we will not carry out and are not responsible for any physical inspection , supervision , preparation , execution or conduct of any activities related to or accessed or discovered via the services ( e.g. , featured , official or community created challenges ; routes ; friendly competitions or similar activities ; any single or group training activities ; any third-party activities or other events or activities that utilize our services ) .

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: Except with respect to the Broker, which has been engaged by Seller pursuant to a separate agreement, and shall be paid by Seller, Seller represents and warrants to Buyer, and Buyer represents and warrants to Seller, that no broker or finder has been engaged by it, respectively, in connection with any of the transactions contemplated by this Agreement, or to its knowledge is in any way connected with any of such transactions. In the event of any such claims for brokers’ or finders’ fees or commissions in connection with the negotiation, execution or consummation of this Agreement, then Buyer shall indemnify, save harmless and defend Seller from and against such claims if they shall be based upon any statement, representation or agreement made by Buyer, and Seller shall indemnify, save harmless and defend Buyer if such claims shall be based upon any statement, representation or agreement made by Seller.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms hereof, Executive’s employment hereunder shall commence on January 4, 2018 (the “ Start Date ”) and continue until terminated hereunder by either party (such term of employment referred to herein as the “ Term ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment.” Valle, 778 So.2d at 965. Lewis also claims that his counsel could have been more effective in impeaching Mayberry by informing the jury that Mayberry and Lewis were placed in the same holding cell, possibly tainting Mayberry’s identification of Lewis as the assailant. As Lewis recognizes, however, his trial counsel made the strategic decision to not bring this out, asserting that it would draw attention to the fact that Lewis was in jail. Although the wisdom of this decision may be debatable, this does not constitute an error of such magnitude that it falls “measurably outside the range of professionally acceptable performance.” Rutherford v. Moore, 774 So.2d 637, 643 (Fla.2000) (<HOLDING>). Lewis finally asserts that his counsel could Options: A. holding that counsels performance is deficient where the alleged omissions are of such magnitude as to constitute a serious error or substantial deficiency falling measurably outside the range of professionally acceptable performance B. recognizing that defendant must show 1 that counsels performance was deficient and 2 that counsels errors prejudiced the defense C. holding that counsels performance was deficient for failing to investigate readily available evidence of mental impairment D. holding that where counsels deficient performance resulted in structural error prejudice will be presumed E. holding that the failure to recognize every possible legal argument did not render counsels performance constitutionally deficient

assistant: The best answer is A. holding that counsels performance is deficient where the alleged omissions are of such magnitude as to constitute a serious error or substantial deficiency falling measurably outside the range of professionally acceptable performance
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]or years we have ... dealt that way here” (emphasis added). Although, unlike the events in Bluebonnet Savings, there is no testimony Dickenson told Schleider the proposal had to be presented to the loan committee, Schleider testified he was aware of the provision that no modification was binding unless it was in writing. Schleider also testified he knew that the details, like the interest rate and specific due date, were still to be determined. Given Schleider’s awareness that modifications had to be in writing and given that any modification depended on the parties agreeing to an interest rate and due date, we conclude, as a matter of law, Schleider failed to prove he justifiably relied to his detriment on Dickenson’s statements. See Bluebonnet Savings, 907 S.W.2d at 909 (<HOLDING>); see also In re Absolute Res. Corp., 76 Options: A. holding standard under section 523a2a is justifiable reliance B. holding that 523a2a requires justifiable but not reasonable reliance C. holding that in fraud and nondisclosure claims a plaintiff must show actual and justifiable reliance D. holding no justifiable reliance as a matter of law E. holding that each class member was not required to prove justifiable reliance when an inference of reliance arises if a materially false representation was made to persons whose acts thereafter were consistent with reliance upon the representations

assistant: The best answer is D. holding no justifiable reliance as a matter of law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and (6) the general chronology of the events and transactions under inquiry. See Nate B. & Francis Spingold Foundation, Inc. v. Halperin (In re Halperin), 215 B.R. 321, 329 (Bankr.E.D.N.Y.1997) (citing Salomon v. Kaiser (In re Kaiser), 722 F.2d 1574, 1582-83 (2d Cir.1983)). The one-year requirement can be extended under the Continuing Concealment Doctrine (the “Doctrine”). The Doctrine loosens the one-year requirement by precluding a discharge when the acts constituting the debtor’s fraud began before the one-year period prior to the petition date and continued into that time period. The fraudulent act can extend into the pre-petition year even if the debtor merely allowed the property to remain concealed during that critical year. See Rosen v. Bezner, 996 F.2d 1527, 1531 (3d Cir.1993) (<HOLDING>). A typical Continuing Concealment claim Options: A. recognizing the term act includes a failure to do any act which the law requires one to perform B. holding that a mere failure to reveal hidden assets can invoke the doctrine even without any other act in the prepetition year C. recognizing doctrine D. holding defendant must demonstrate prejudice in order to invoke duplicity doctrine because the doctrine is more than an exercise of mere formalism E. holding that the mere failure to investigate does not constitute suppression of the evidence

assistant: The best answer is B. holding that a mere failure to reveal hidden assets can invoke the doctrine even without any other act in the prepetition year
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of employment. Mass. Gen. Laws ch. 149, § 20C (1935). The court rejected the employees’ argu ment, holding that the dispute was not a “labor dispute,” within the meaning of the Massachusetts Act: The bill is merely one for specific performance of covenants restraining trade or competition, inserted in contracts for personal service, covenants of a character that have long been held enforceable in this Commonwealth .... where the contract for personal service is not itself invalid, the interest to be protected is consonant with public policy, and the restraint is limited reasonably in time and space. The judge had authority to issue an injunction---- 313 Mass. at 143, 46 N.E.2d 550 (citations omitted). Cf. Mengel v. Justices of Superior Court, 313 Mass. 238, 246-47, 47 N.E.2d 3 (1943) (<HOLDING>). The holdings in Cascade Laundry and Saltman Options: A. holding that a state is not a person within the meaning of 1983 B. holding that a controversy that is a labor dispute within the meaning of the massachusetts act is not taken outside the scope of that act merely because it also involves breaches of an employment contract C. holding that the title of an act is not an index but is merely a label D. holding that the complaint stated a claim under the flsa where it alleged that parties were an employer and employees within meaning of act and that the defendantemployers operation constitutes an enterprise engaged in commerce within the meaning of the act E. holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury

assistant: The best answer is B. holding that a controversy that is a labor dispute within the meaning of the massachusetts act is not taken outside the scope of that act merely because it also involves breaches of an employment contract
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 waived, amended, supplemented or modified, unless such waiver, amendment, supplement or modification is in writing and signed by the authorized representative of the Party against whom it is sought to enforce such waiver, amendment, supplement or modification.

assistant: Amendments
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: sought, but was denied, a new restraining order prohibiting the advancement of attorneys' fees. 5 . The Articles themselves do not condition indemnification upon an ultimate finding of guilt or innocence; instead, they extend indemnity in cases where the officer or director who acted in good faith and in a manner he reasonably believed to be in accordance with or not opposed to the corporation’s interests. Neither party has argued, however, that Lake will be entitled to indemnity if he is ultimately convicted. 6 . This eliminates the need to determine whether the heightened Carson showing is necessary when an interlocutory order has the practical effect of granting, rather than denying, a preliminary injunction. See Saudi Basic Indus. v. Exxon Corp., 364 F.3d 106, 111 (3d Cir.2004) (<HOLDING>). 7 . Since the injunction is mandatory, there Options: A. holding carson inapplicable where an order had the practical effect of granting an injunction B. holding that because a violation of a statute had no practical effect there was no concrete injury C. holding that when dismissal of an appeal will have the practical effect of denying later review of a district courts order appellate jurisdiction under 1291 may be appropriate D. holding that an injunction is an extraordinary remedy E. holding that court lacked jurisdiction on appeal from injunction because the order was simply an interpretation of an earlier order

assistant: The best answer is A. holding carson inapplicable where an order had the practical effect of granting an injunction
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 serve as the Company’s Chief Financial Officer, with such duties as are customarily associated with the position of a Chief Financial Officer for a public company. Notwithstanding the foregoing, Executive shall report to and perform the specific duties and responsibilities assigned to him by the Company’s Chief Executive Officer (CEO).

assistant: Positions
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: initial BVA decision is abated by that motion for reconsideration ... [and a] new 120-day period begins to run on the date on which the BVA mails to the claimant notice of its denial of the motion to reconsider”. Rosier, supra. The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) then held in Linville that 38 C.F.R. § 20.305(a) (1998), which establishes a postmark rule for the date of Department of Veterans Affairs (VA) receipt of certain written documents (including a presumption that the postmark date was “five days prior to the date of receipt of the document by” VA if “the postmark is not of record”), must be applied to the filing of a motion for reconsideration with the BVA. Linville, 165 F.3d at 1385-86, reversing Linville v. West, 11 Vet.App. 60 (1998 (en banc)) (<HOLDING>). In view of the foregoing, because the Options: A. recognizing that equitable tolling doctrines may toll the time period for filing B. holding that the charge was timely when filed within the statute of limitations period even though served after the period C. holding that equitable estoppel and equitable tolling cannot apply to extend the 120day noa filing period set forth in 38 usc 7266a D. holding that noa that was received after 120day noa period but that was postmarked within that period did not toll noa period E. holding that a forfeiture action is timely so long as at least an administrative action is filed within the 120day statutory period

assistant: The best answer is D. holding that noa that was received after 120day noa period but that was postmarked within that period did not toll noa period
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event your subscription began on a day not contained in a given month , your payment method will be charged on a day in the applicable month or such other day as we deem appropriate .

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: State police. In these circumstances, the defendant’s rights were not violated. See Frisbie v. Collins, 342 U.S. 519, 522 (1952) (“[njothing in the Constitution . . . requires a court to permit a guilty person rightfully convicted to escape justice because he was brought to trial against his will”); Ker v. Illinois, 119 U.S. 436 (1886). See also United States v. Alvarez-Machain, 504 U.S. 655, 662-666 (1992). As for the purportedly “egregious” conduct of the Massachusetts State police, the record shows that the defendant was unrestrained until he attempted to flee in the Trinidad airport. There is no showing of the type of force or coercion that would require a court to divest itself of jurisdiction. See, e.g., United States v. Toscanino, 500 F.2d 267, 275-276 (2d Cir. 1974) (<HOLDING>). The motion judge correctly denied the Options: A. holding that the state department country report constituted substantial evidence to support the agencys finding of changed country conditions in guatemala B. holding that the bia abused its discretion when it denied petitioners motion to reopen by failing to consider evidence of country conditions C. holding that there is a presumption that new evidence discovered by criminal defendant after trial is over would not change outcome of trial D. holding that for purposes of claim 4 another country means a country other than the first and second country explicitly rejecting tpllcs proposed construction E. holding that criminal process would be abused by trial of italian citizen allegedly brought to this country after being tortured

assistant: The best answer is E. holding that criminal process would be abused by trial of italian citizen allegedly brought to this country after being tortured
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 recitals set forth above are not merely recitals, but form an integral part of this First Amendment. All capitalized terms used and not otherwise defined in this First Amendment shall have the meanings respectively assigned to them in the Original Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and control over the property to the detriment of the rights of its actual owner.” Envases Venezolanos, S.A. v. Collazo, 559 So.2d 651, 652 (Fla. 3d DCA 1990)(quoting Tucker v. Fianson, 484 So.2d 1370, 1371 (Fla. 3d DCA), review denied, 494 So.2d 1153 (Fla.1986)) (citations omitted). In the instant case, Humana alleged that it mistakenly wired funds into Heritage Southeast’s California bank account and that Heritage Southeast and Merkin improperly retained it. Therefore, although the funds were wired from Florida, the exercise of wrongful dominion and control over the property to the detriment of its actual owner occurred in California where the funds were received and improperly retained. E.J. Sales & Serv., Inc. v. Southeast First Nat’l Bank of Miami, 415 So.2d 906 (Fla. 3d DCA 1982)(<HOLDING>); Envases Venezolanos, 559 So.2d at 652-53 Options: A. holding a bank officer who informed a third party that it would be safe to extend 8000 credit to bank customer although customer did not have an open account at the bank could be held liable for the material misrepresentation B. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor C. holding that causes of action for money had and received and conversion arose in orlando when miami bank mistakenly wired funds to companys bank account in orlando D. holding successor national bank liable for punitive damages judgment against bank that merged into successor national bank E. holding that a bank customer did not have a reasonable expectation of privacy in records maintained by the bank

assistant: The best answer is C. holding that causes of action for money had and received and conversion arose in orlando when miami bank mistakenly wired funds to companys bank account in orlando
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: business of finance.” Id. The Treasury Regulations take the view that money is fungible. Id. (citing Treas.Reg. 1.861-8(e)(2)(I) (as amended in 1988)). Given such fungibility, we appreciated that, in the normal business context, the amount and timing of business borrowing rarely, if ever, correlate to specific investments. Id. For example, a business may incur a debt in a single transaction, even though its cash requirements are spread out over the ensuing quarter. The business may then choose to reduce the cost of holding these as-yet unneeded funds by investing in short-term, interest-bearing instruments. Id. (citing Ideal Basic Indus. v. Commissioner, 82 T.C. 352, 400, 1984 WL 15542 (1984)); see also General Portland Cement Co. v. United States, 628 F.2d 321, 342-43 (5th Cir.1980) (<HOLDING>). In such a case, “the total cost of the Options: A. holding that the effects of the victims deaths upon the families is part of the circumstances of the crime and is properly presented to the jury at the penalty phase B. holding that the district court must make findings on the record as to the basis for its conclusion about the amount of actual loss C. holding corporations president personally liable where he had ultimate control over businesss daytoday operations and was the corporate officer principally in charge of directing employment practices D. holding that a district court must consider whether a foreign state so dominated the operations of the corporate entity that a principalagent relationship existed E. holding that the actual cost of borrowing was the amount properly allocable to mining operations so as not to allocate a disproportionate share of the businesss financing costs to a specific phase of its operations

assistant: The best answer is E. holding that the actual cost of borrowing was the amount properly allocable to mining operations so as not to allocate a disproportionate share of the businesss financing costs to a specific phase of its operations
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 agrees not to assign any of such Borrower's rights, remedies or obligations described in this Note without the prior written consent of Lender, which consent may be withheld in Lender's sole discretion. Borrowers agree that any Lender may assign some or all of its rights and remedies described in this Note without notice to, or prior consent from, Borrowers.

assistant: Assignments
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 seize the wallet because the wallet itself was not an item described in the search warrant. That items described in the warrant were ultimately found in the wallet does not justify the initial seizure. A search warrant does not give the police license to seize personal property not described in the warrant on the ground that such property might contain items that the warrant does describe; it only allows police to search such property at the place where the warrant is being executed if the property “legitimately might contain the [items] specified in the warrant,” and then to seize the described items they find inside or, under certain circumstances, the property itself once it is found to contain described items, see United States v. Beusch, 596 F.2d 871, 876-77 (9th Cir.1979) (<HOLDING>). See id. (emphasis in original, footnotes and Options: A. holding that the trial court erred in ruling for driver because the directors records were incomplete the missing pages were not necessary for the trial court to find that probable cause existed based on the uncontroverted facts contained in the officers narrative report B. holding that officers were entitled to rely on the judicial officers finding of probable cause in issuing the search warrant unless they knowingly made false statements to obtain the warrant and that a challenge to the adequacy of the officers investigation does not rise to level of clearly established constitutional violation C. holding that police officers have probable cause to arrest an individual with a sufficiently similar appearance to the description in a warrant D. holding that if the application for a warrant contains probable cause apart from the improper information then the warrant is lawful and the independent source doctrine applies providing that the officers were not prompted to obtain the warrant by what they observed during the initial entry E. holding that officers could seize entire ledgers once they discovered that some of the individual pages matched warrant description officers need not examine the entire ledger on the spot and then remove relevant individual pages

assistant: The best answer is E. holding that officers could seize entire ledgers once they discovered that some of the individual pages matched warrant description officers need not examine the entire ledger on the spot and then remove relevant individual pages
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: At the request of Buyer, Seller shall execute and deliver, or cause to be executed and delivered, to Buyer such further instruments and take such other actions as may be reasonably necessary to carry out the transactions contemplated by this Bill of Sale.

assistant: Further Assurances
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: power. Parental Rights of J.L.N., 118 Nev. at 625, 55 P.3d at 958; Matter of Parental Rights as to N.J., 116 Nev. 790, 795, 8 P.3d 126, 129 (2000). Termination of parental rights implicates fundamental liberty interests of a parent’s relationship with his or her child. Parental Rights of D.R.H., 120 Nev. at 426-27, 92 P.3d at 1233. The procedures for terminating parental rights, and granting custody of a child to a nonparent, must be fundamentally fair. Id.; Santosky v. Kramer, 455 U.S. 745 (1982). Even when the fairness of the procedures afforded to the parents is not called into question, substantive due process nevertheless demands that the government have a basis for subjecting the parents to the procedures in the first instance. Licari v. Ferruzzi, 22 F.3d 344, 347 (1st Cir. 1994) (<HOLDING>). The United States Supreme Court has held that Options: A. holding that there is no due process violation where the ijs finding was not arbitrary and the alien was not denied a full and fair opportunity to present his claims B. recognizing 1983 substantive due process claim C. holding a police chase of a fleeing suspect that resulted in a fatal accident may support a substantive due process claim based on the theory that the officers conduct constituted arbitrary government action shocking the judicial conscience D. holding that mere neglect for prisoners safety does not amount to a substantive due process violation implying that intent to do harm would be an abuse of government power and amount to a substantive due process violation E. recognizing that substantive due process tenet which ensures that government action is not arbitrary regardless of whether the procedures afforded were fair

assistant: The best answer is E. recognizing that substantive due process tenet which ensures that government action is not arbitrary regardless of whether the procedures afforded were fair
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 Loan Party hereby acknowledges that it has read this Agreement and consents to the terms hereof and further hereby affirms, confirms and agrees that (a) notwithstanding the effectiveness of this Agreement, the obligations of such Loan Party under each of the Loan Documents to which it is a party shall not be impaired and each of the Loan Documents to which such Loan Party is a party is, and shall continue to be, in full force and effect and is hereby confirmed and ratified in all respects, in each case, as amended hereby; (b) its Guarantee of the Obligations, and the pledge of and/or grant of a security interest in its assets as Collateral to secure the Obligations, all as and to the extent provided in the Collateral Documents as originally executed, shall continue in full force and effect in respect of, and to secure, the Obligations (including the 2017 Refinancing Term Loans); and (c) all the representations and warranties made by or relating to it contained in the Credit Agreement and the other Loan Documents are true and correct in all material respects on and as of the Amendment No. 4 Effective Date, except to the extent such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representation and warranty that already is qualified or modified by materiality in the text thereof.

assistant: Consents
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: Effective with respect to the Existing Letters of Credit upon the occurrence of the Restatement Date, and effective with respect to each other Letter of Credit (and each amendment to a Letter of Credit increasing the amount thereof) upon the issuance (or increase) thereof, and without any further action on the part of the applicable Issuing Bank or the Lenders, each Issuing Bank hereby grants to each Lender, and each Lender hereby acquires from such Issuing Bank, a participation in each Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the applicable Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (e) of this Section, or such Lender’s Applicable Percentage of any reimbursement payment in respect of an LC Disbursement required to be refunded to the Borrower for any reason (or if such LC Disbursement or reimbursement payment was made in Canadian Dollars, Euros or Pounds Sterling, the Dollar Equivalent thereof using the LC Exchange Rate in effect on the applicable LC Participation Calculation Date). Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit, the occurrence and continuance of a Default, any reduction of its Commitment or the Total Commitment or any force majeure or other event that under any rule of law or uniform practices to which any Letter of Credit is subject (including Section 3.14 of ISP 98 or any successor publication of the International Chamber of Commerce) permits a drawing to be made under any Letter of Credit after the expiration thereof or of the Commitments.

assistant: Participations
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: an understandable mistake has been made.” Fed. R. Civ. P. 17, Advisory Committee’s Notes to the 1966 Amendments (emphasis added). Accordingly, most courts have applied this part of Rule 17(a) only when the plaintiff brought the action in his or her own name because determination of the real party in interest was difficult or when an understandable mistake was made. See, e.g., Crowder v. Gordons Transps., Inc., 387 F.2d 413 (8th Cir. 1967) (plaintiffs mistake was “understandable and excusable” where case involved a conflicts-of-law question with respect to whether Arkansas or Missouri law applied, and each state’s wrongful-death statute designated a different person as the real party in interest). See also Advanced Magnetics, Inc. v. Bayfront Partners, Inc., 106 F.3d 11 (2d Cir. 1997) (<HOLDING>). This court has recognized the “understandable Options: A. holding that where the plaintiffcorporation lacked standing to pursue its shareholders claims the district court erred in refusing to allow substitution of shareholders as plaintiffs under rule 17a3 B. holding district court erred in failing to permit substitution of plaintiffs to relate back under rule 15c and 17a where advanced magnetics was mistaken about the legal effect of a shareholder assignment C. holding that district court erred in failing to consider evidence of secondary considerations D. holding that the district court erred in failing to properly charge the jury on defendants affirmative defenses E. holding that the district court erred in failing to consider all of the employers proffered evidence of legitimate business reasons for the plaintiffs termination

assistant: The best answer is B. holding district court erred in failing to permit substitution of plaintiffs to relate back under rule 15c and 17a where advanced magnetics was mistaken about the legal effect of a shareholder assignment
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: standing argument is that (1) under the current financial standards certain suppliers would be ruled ineligible for the DME Bidding Process, but (2) proper notice-and-comment rulemaking would have altered the standards used by the Secretary, and (3) under the new financial standards those suppliers would be found eligible. Similarly, the argument concerning harm to beneficiaries is that (1) under the current financial standards the Medicare beneficiary would obtain a rate and quality of care that (2) would be altered by new financial standards (whatever they might be) and (3) would lead to higher costs or lower-quality services. These highly attenuated scenarios are insufficient to confer Article I II standing. See Jacobrown v. United States, 764 F.Supp.2d 221, 227 (D.D.C.2011) (<HOLDING>) (quoting Winpisinger v. Watson, 628 F.2d 133, Options: A. holding that the threat of injury was not speculative because the plaintiffs had been previously charged under the challenged statute B. holding that district court did not have jurisdiction over any claims that could not exist independently of a contract C. holding that in order to establish standing a plaintiff must show 1 it has suffered an injury in fact 2 the injury is fairly traceable to the challenged action of the defendant and 3 it is likely as opposed to merely speculative that the injury will be redressed by a favorable decision D. holding that in order to establish standing the prospect of obtaining relief from the injury as a result of a favorable ruling must not be too speculative E. holding that standing does not exist where the court would have to accept a number of very speculative inferences and assumptions in any endeavor to connect the alleged injury with the challenged conduct

assistant: The best answer is E. holding that standing does not exist where the court would have to accept a number of very speculative inferences and assumptions in any endeavor to connect the alleged injury with the challenged conduct
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 or condition of any of the Restricted Stock Documentation will effect a waiver of any subsequent or other breach or condition, whether similar or dissimilar. No failure to exercise or delay in exercising any right or remedy under any of the Restricted Stock Documentation will effect a waiver of that right or remedy. No single or partial exercise of any right or remedy under any of the Restricted Stock Documentation will preclude any other or further exercise of that right or remedy or any other right or remedy. Except as otherwise expressly provided, the rights and remedies under the Restricted Stock Documentation are cumulative and not exclusive or exhaustive.

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: B to the Plaintiff’s Motion for Summary Judgment, p. 6, ¶ 31. 38 . First Amended Complaint and Jury Demand attached as Exhibit B to the Plaintiffs Motion for Summary Judgment, p. 6, ¶ 32. 39 . First Amended Complaint and Jury Demand attached as Exhibit B to the Plaintiffs Motion for Summary Judgment, p. 6, ¶ 33. 40 . First Amended Complaint and Jury Demand attached as Exhibit B to the Plaintiffs Motion for Summary Judgment, p. 6, ¶ 34. 41 . First Amended Complaint and Jury Demand attached as Exhibit B to the Plaintiffs Motion for Summary Judgment, p. 7, ¶¶ 40-42. 42 . Klemens v. Wallace (In re Wallace), 840 F.2d 762, 765 (10th Cir.1988). 43 . 4 Collier on Bankruptcy ¶523.10[2], at 523-76-523-77 (Alan N. Resnick & Henry J. Sommer, eds., 16th ed. rev. 2009). 44 . Colo.Rev.Stat. § 987) (<HOLDING>). 59 . Meyer v. Rigdon, 36 F.3d 1375, 1379 (7th Options: A. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence B. holding that implied consent is inferred from circumstances indicating that party knowingly agreed to surveillance C. holding intent to preclude can be found by language contained with the stipulated judgment indicating the debt is nondischargeable in bankruptcy D. holding the court cannot find intent where the consent judgment fails to mention the cause of action E. holding the intent of parties can be inferred from sufficient details contained within the consent judgment indicating the parties understood the consent judgment operated as a final adjudication of the factual issues

assistant: The best answer is E. holding the intent of parties can be inferred from sufficient details contained within the consent judgment indicating the parties understood the consent judgment operated as a final adjudication of the factual issues
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: 601, 604-05 (1981). We conclude that a general publication occurred in the manner in which MBA disseminated its PRIDE manuals and forms. See White v. Kimmell, supra, 193 F.2d at 747. Further, the limited publication exception arose in circumstances quite different from this case. If the author disseminated his work without a copyright notice and if it was held that a publication had occurred, the author’s protection was forfeited. National Comics Publications, Inc. v. Fawcett Publications, Inc., 191 F.2d 594, 598 (2d Cir. 1951). Where finding a general publication would divest the author of the benefit of his work, courts have avoided a complete forfeiture by concluding that a limited publication occurred. Compare Pierce & Bushnell Manuf’g Co. v. Werckmeister, 72 F. 54 (1st Cir. 1896) (<HOLDING>) with Werckmeister v. American Lithographic Options: A. holding that exhibition of a painting in a public art gallery was sufficient publication to entitle plaintiff to recover under the copyright act B. holding that plaintiff could recover damages under both the lanham act and the copyright act because the profits awarded under the federal trademark statute constitute compensation rather than a penalty while statutory damages are awarded under the copyright act are designed to serve a variety of purposes other than compensation including deterrence and punishment C. holding that the copyright act distinguishes between employees and independent contractors for copyright possession D. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply E. holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation

assistant: The best answer is A. holding that exhibition of a painting in a public art gallery was sufficient publication to entitle plaintiff to recover under the copyright 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: Stated Interest will accrue on this Note at a rate of 6.0% per annum, payable quarterly in arrears on each March 15 and September 15 of each year, commencing on [ ]. Special Interest may accrue on this Note in the manner provided in the Agreement.

assistant: Interests
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: Whenever possible, each provision of this Note shall be interpreted in such a manner as to be valid, legal and enforceable under the applicable law of any jurisdiction. Without limiting the generality of the foregoing sentence, in case any provision of this Note shall be invalid, illegal or unenforceable under the applicable law of any jurisdiction, the validity, legality and enforceability of the remaining provisions, or of such provision in any other jurisdiction, shall not in any way be affected or impaired thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents represent the entire agreement of the Borrower, the Administrative Agent, the Issuing Banks and the Lenders with respect to the subject matter hereof and thereof, and there are no promises, undertakings, representations or warranties by the Administrative Agent, any Issuing Bank or any Lender relative to the subject matter hereof not expressly set forth or referred to herein or in the other Loan Documents.

assistant: Integration