flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Consequently, we deny Jackson’s petition- for writ of habeas corpus and request for a new appeal. CONCLUSION Based on the foregoing, we affirm the denial of relief by the postconviction court, and deny the habeas petition. It is so ordered. POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur. CANADY J., concurs in result. 1 . Huffv. State, 622 So.2d 982 (Fla.1993). 2 . To the extent that this Court has ruled on issues with regard to victim survivors, it has been in the context of victim impact evidence, not victim outreach activities, and whether trial or appellate counsel was ineffective with regard to the failure to object to the admission of such evidence or the trial court's consideration of it. See, e.g., Belcher v. State, 961 So.2d 239, 257 (Fla.2007) (<HOLDING>); Walls v. State, 926 So.2d 1156, 1179 Options: A. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel B. holding that appellate counsel could not be found to have rendered ineffective assistance for failing to raise issues that are without merit C. holding that letters from the victims family constituted improper victim impact statements but appellate counsel was not ineffective for failing to raise a claim because the jury never saw the letters and thus the claim was without merit D. holding appellate counsel was not ineffective for forgoing a claim disputing the admission of victim impact evidence because it had no merit E. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate

assistant: The best answer is D. holding appellate counsel was not ineffective for forgoing a claim disputing the admission of victim impact evidence because it had no merit
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, together with the Purchase Agreement and the Escrow Agreement, sets forth the entire agreement and understanding of the Parties hereto with respect to the subject matter contained herein, and supersedes and cancels all prior or contemporaneous agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, with respect to the subject matter hereof.

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: The financial statements (including the related notes thereto) of the Company and its consolidated subsidiaries included or incorporated by reference in the Registration Statement and the Prospectus comply in all material respects with the applicable requirements of the Securities Act and the Exchange Act, as applicable, and present fairly, in all material respects, the financial position of the Company and its consolidated subsidiaries as of the dates indicated and the results of their operations and the changes in their cash flows for the periods specified; such financial statements have been prepared in conformity with generally accepted accounting principles in the United States (“ GAAP ”) applied on a consistent basis throughout the periods covered thereby, and any supporting schedules included or incorporated by reference in the Registration Statement present fairly, in all material respects, the information required to be stated therein; and the other financial information included or incorporated by reference in the Registration Statement and the Prospectus has been derived from the accounting records of the Company and its consolidated subsidiaries and presents fairly, in all material respects, the information shown thereby.

assistant: Financial Statements
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 First Closing and any applicable Subsequent Closings are each referred to in this Agreement as a “ Closing .” The First Closing Date and any Subsequent Closing Dates are sometimes referred to herein as a “ Closing Date .” All Closings shall occur within the time periods set forth in the Private Placement Memorandum at the offices of Sichenzia Ross Ference Kesner LLP, counsel to the Placement Agent, at 1185 Avenue of the Americas, 37 th Floor, New York, New York 10036, or remotely via the exchange of documents and signatures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural person (or a holding company, investment vehicle or trust for or owned and operated for the primary benefit of, a natural Person) or the Borrower or any of its Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Issuing Bank Banks , the Swingline Lender and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 9.03(c) with respect to payments made by such Lender to its Participant(s).

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 legal provision and list the applicable contract clause categories. Provision: Each of the Parties acknowledges and agrees that the other Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to seek an injunction or injunctions to prevent breaches of such provisions and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter (subject to the provisions set forth in Section 10(o) below), in addition to the right to indemnification pursuant to Section 8 and any remedy to which it may be entitled, at law or in equity, with respect to fraud by the other Party.

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: The General Partner and each of the Partnership Entities has been duly formed and is validly existing and in good standing under the Laws of the State or other jurisdiction of its organization and has the requisite power and authority, and has all governmental licenses, authorizations, consents and approvals necessary, to own, lease, use or operate its Properties and carry on its business as now being conducted, except where the failure to obtain such licenses, authorizations, consents and approvals would not be reasonably likely, individually or in the aggregate, to have a Partnership Material Adverse Effect. The General Partner and each of the Partnership Entities is duly qualified or licensed and in good standing as a foreign corporation, limited partnership, limited liability company or unlimited liability company, as applicable, and is authorized to do business in each jurisdiction in which the ownership or leasing of its Properties or the character of its operations makes such qualification necessary, except where the failure to obtain such qualification, license, authorization or good standing would not be reasonably likely, individually or in the aggregate, to have a Partnership Material Adverse Effect.

assistant: Qualifications
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 the instant Motion is nothing more than forum-shopping on the part of debtor”). Thus, in the instant case the interest in preventing possible forum shopping weighs against withdrawing the reference. Finally, the interest in “ensuring uniformity of the administration of the bankruptcy estate” weighs against withdrawing the reference. Because the dis-chargeability of Vachani’s debt is a “core” matter, “[t]he uniformity of bankruptcy administration would be adversely affected if this Court were to withdraw reference with respect to a claim more properly within the Bankruptcy Court’s competence.” In re Rosales, 2013 WL 5962007, at *7 (finding that uniformity factor weighed against withdrawing the reference); see also In re Orion Pictures Corp., 4 F.3d 1095, 1101 (2d Cir. 1993) (<HOLDING>). As discussed above, the Bankruptcy Court has Options: A. holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction B. holding the correct fourth amendment inquiry assuming the detention is legitimate is whether the questions extended the time that a driver was detained regardless of the questions content C. holding that in general an agencys conclusion of law that presents mixed questions of fact and law is reviewed under the clearly erroneous standard but questions concerning whether an agency has followed proper procedures or considered the appropriate factors in making its determination are questions of law which are reviewed de novo D. recognizing that whether a consumer survey should be admitted depends among other things on whether the questions are leading or suggestive E. holding that questions of efficiency and uniformity will turn on whether the claim is core or noncore

assistant: The best answer is E. holding that questions of efficiency and uniformity will turn on whether the claim is core or noncore
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: price of Heartland stock moved above that price. Ps.Br. at 20. This allegation, and the part of the amended complaint on which it is based, are insufficient to give rise to a strong inference of fraud. Addressing only the terse contention set forth in the response brief, it is unclear why, if Jupiter and Sprague were motivated to commit fraud, Jupiter did not exercise its conversion rights during the third quarter of 1996, at a time when plaintiffs allege the stock was trading higher than the strike price and when defendants allegedly already knew Heartland’s true financial condition and the impact that disclosure would have on the company and the price of its stock. Plaintiffs have failed to plead a strong inference of fraudulent intent on this basis. See Phillips, 190 F.3d at 623-24 (<HOLDING>). Y Because the court holds that plaintiffs’ § Options: A. recognizing that a misrepresentation need not be driven by an improper motive and does not require an intent to commit fraud B. holding that stock sales by one defendant of approximately 8000 shares for profit of 173000 raised strong inference of fraudulent intent C. holding that where knowledgeable insiders did not sell stock at a time that would have taken advantage of allegedly fraudulent statements there was not a strong inference of scienter D. holding that allegations of motive and opportunity were not enough to create a strong inference of scienter E. holding that court was unwilling to piece together speculative inferences to conclude that the defendant had a true motive to commit fraud where under plaintiffs theory defendant would have acted irrationally by depressing stock price and concluding that plaintiffs had failed under pslra to plead strong inference of fraudulent intent

assistant: The best answer is E. holding that court was unwilling to piece together speculative inferences to conclude that the defendant had a true motive to commit fraud where under plaintiffs theory defendant would have acted irrationally by depressing stock price and concluding that plaintiffs had failed under pslra to plead strong inference of fraudulent intent
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: incident — reflecting conduct that is not pervasive or frequent — may be sufficiently severe to constitute sexual harassment, it must be “extremely serious” in order to “amount to discriminatory changes in the ‘terms and conditions of employment.’ ” Id. (quoting Faragher, 524 U.S. at 788, 118 S.Ct. 2275). As this court recently noted, “[t]he determination of whether alleged conduct is sufficiently severe or pervasive is not an exact science, but this [cjourt’s decisions on this issue provide guidance.” Gibson v. Potter, 264 Fed.Appx. 397, 400 (5th Cir.2008). The type of non-consensual physical touching alleged by Paul was held to be actionable under Title VII only in cases where it was chronic and frequent. See McKinnis v. Crescent Guardian, Inc., 189 Fed.Appx. 307, 310 (5th Cir.2006) (<HOLDING>); Harvill, 433 F.3d at 435-36 (holding that Options: A. holding that two alleged incidents of hostile treatment in which a supervisor made a comment about the plaintiffs body and touched her breasts with some papers did not constitute a hostile work environment B. holding that consideration of the entire scope of a hostile work environment claim including behavior alleged outside the statutory time period is permissible for the purposes of assessing liability so long as any act contributing to that hostile environment takes place within the statutory time period C. holding that chronic unwanted touching including touching on the breasts and thigh over a yearlong period repeated demands for hugs and kisses and other inappropriate behavior resulting in plaintiffs resignation supported a hostile work environment claim D. recognizing a hostile work environment claim under section 1983 E. holding that a plaintiff alleging a hostile work environment claim under title vii may seek damages for all behavior contributing to a hostile work environment claim including behavior allegedly occurring outside the limitations period provided that an act contributing to the claim occurs within the filing period

assistant: The best answer is C. holding that chronic unwanted touching including touching on the breasts and thigh over a yearlong period repeated demands for hugs and kisses and other inappropriate behavior resulting in plaintiffs resignation supported a hostile work environment claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the disclosure violation was neither substantially justified nor harmless. 6 . The basis for this number is unclear, although Defendants’ reply brief does identify part of Plaintiff's 56.1 statement evidencing his intention to seek "12,347 damage awards.” PL SJ Reply at 25 (emphasis omitted). 7 . The Court recognizes that Defendants also contend that Plaintiff’s violation-per-license argument is essentially a new version of the same argument that the Court rejected on summary judgment. Def. Reply at 13-14. The Court does not now decide this issue one way or the other. 8 . The cases Plaintiff cites, PI. Opp. at 25, are readily distinguishable from this one and thus do not alter the Court’s analysis. See Psihoyos v. Pearson Educ., Inc., 855 F.Supp.2d 103, 115 (S.D.N.Y.2012) (Oetken, J.) (<HOLDING>); Been v. N.M. Dep’t of Info. Tech., 815 Options: A. holding that the responsibility of another did not absolve the plaintiff of his own responsibility where the plaintiff helped incorporate the company served as vice president and president owned varying levels of stock and possessed authority to hire and fire B. holding that statements of a company vice president were admissible against the principal owner of the company under fedrevid 801d2d as an admission made by the partys agent or servant concerning a matter within the scope of the agency or employment C. holding that president of company who breached fiduciary duty in purchasing stock was properly required to pay damages rather than transfer shares back to company D. holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company E. holding company president personally liable pursuant to language in contract stating that if companys net worth is reduced in excess of ten percent 10 then it is agreed that the company president shall guarantee the shortfall

assistant: The best answer is D. holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company
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: it dismisses a ease for lack of personal jurisdiction before the plaintiff has had an opportunity for jurisdictional discovery.' See, e.g., Edmond v. United States Postal Serv. Gen. Counsel, 949 F.2d 415 (D.C.Cir.1991). As CCC rejoins, however, in order to get jurisdictional discovery a plaintiff must have at least a good faith belief that such discovery will enable it to show that the court has personal jurisdiction over the defendant. See, e.g., Hansen v. Neumueller GmbH, 163 F.R.D. 471, 476 (D.Del.1995) (concluding, after analysis of Rules 26 and 8, that plaintiff who responded to defendant’s affidavit with “a complete absence of jurisdictional facts” had not made threshold showing necessary to get jurisdictional discovery); Poe v. Babcock Int’l, plc, 662 F.Supp. 4, 7 (M.D.Pa.1985) (<HOLDING>); see also Ellis v. Fortune Seas, Ltd., 175 Options: A. holding jurisdictional discovery not appropriate when plaintiff merely hopes to find statements in defendants affidavit not accurate but has not made counterallegations in its own affidavit B. holding that mere speculation is insufficient to support a jury verdict C. holding that because plaintiff has metdefendants affidavit evidence with mere speculation plaintiffs request for jurisdictionall discovery must be denied D. holding that because plaintiff has met defendants affidavit evidence with mere speculation plaintiffs request for jurisdictional discovery must be denied E. holding evidence must rise above mere speculation

assistant: The best answer is D. holding that because plaintiff has met defendants affidavit evidence with mere speculation plaintiffs request for jurisdictional discovery must be denied
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: Oct. 17, 2013) (“[Evidence of a claimant’s ability to complete household chores does not defeat a claim for disability, ‘as people should not be penalized for enduring the pain of their disability in order to care for themselves.’ ”) (quoting Woodford, 93 F.Supp.2d at 529); Balsamo v. Chafer, 142 F.3d 75, 81 (2d Cir.1998) (“‘When a disabled person gamely chooses to endure pain in order to pursue important goals,’ such as attending church and helping his wife on occasion go shopping for their family, ‘it would be a shame to hold this endurance against him in determining benefits unless him conduct truly showed that he is capable of working.’ ”) (quoting Nelson v. Bowen, 882 F.2d 45, 49 (2d Cir.1989); Murdaugh v. Secretary of Dep’t of Health & Human Servs., 837 F.2d 99,102 (2d Cir.1988) (<HOLDING>)). In sum, “ALJ [Cohen] did not identify what Options: A. holding that employees requests for accommodation were not protected activity because the evidence did not show that he had a reasonable good faith belief that he was disabled or perceived as disabled B. holding that the second prong of the c criteria in section 1205 was satisfied where the claimant was limited to light or sedentary work C. holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment D. holding that a claimant who watered a garden occasionally visited friends and was able to get on and off an examination table was disabled because he could not perform sedentary work E. holding that claimants limited availability did not remove him from labor market and claimant was thus able and available for work

assistant: The best answer is D. holding that a claimant who watered a garden occasionally visited friends and was able to get on and off an examination table was disabled because he could not perform sedentary work
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: calculated by summing Keszen-heimer’s regular monthly salary and a 24-month average of both his offshore per diem and the taxable automobile allowance. 5 . Facility Ins. Corp. v. Employers Ins. of Wausau, 357 F.3d 508, 512 (5th Cir.2004). 6 . Fed.R.Civ.P. 56(c); see Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). 7 . Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Ramming v. Nat'l Gas Pipeline Co. of Am., 390 F.3d 366, 371 (5th Cir.2004). 8 . Wegner v. Standard Ins. Co., 129 F.3d 814, 818 (5th Cir.1997) (citing Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989)). 9 . Id. 10 . Id. (internal quotation marks and citation omitted). 11 . Id. 12 . Id. (<HOLDING>). Because the plain meaning of the policy terms Options: A. holding terms overtime or any other extra compensation to be unambiguous and assuming salary was also commonly understood B. holding that the words amount and compensation in the regulation referred to cash or salary rather than to all forms of compensation C. holding where terms are unambiguous any facts about the parties intent are immaterial D. recognizing court must enforce unambiguous contract according to its terms E. holding that limitation of liability clause was unambiguous

assistant: The best answer is A. holding terms overtime or any other extra compensation to be unambiguous and assuming salary was also commonly understood
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the term of Executive’s employment under this Agreement, Executive shall be entitled to participate in any benefit plans (excluding any severance or bonus plans unless specifically referenced in this Agreement) offered by the Company as in effect from time to time (collectively, “ Benefit Plans ”), on the same basis as that generally made available to other senior executives of the Company, to the extent Executive may be eligible to do so under the terms of any such Benefit Plan. Executive understands that any such Benefit Plans may be terminated or amended from time to time by the Company in its discretion.

assistant: Benefits
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: needed to have probable cause when he first observed the items he seized, it noted that “[a] plausible limitation would require Hyde to form probable cause during this search in this house, but the more specific limitation urged by [defendant] does not seem prudent.” Id. (emphasis added). Similarly, in United States v. Wells, 98 F.3d 808 (4th Cir.1996), one of several agents executing a search warrant for the defendant’s apartment found a loaded firearm in plain view. The warrant did not authorize a search for weapons, and the agent who came upon the gun did not have a basis to believe its possession to be criminal. The agent nevertheless reported his discovery to a fellow agent in the apartment who was supervising the search. The supervising agent was aware that the defendant r.1985) (<HOLDING>). The government has cited no cases holding Options: A. holding that agents were allowed to seize and question occupants of business while executing search warrant for illegal aliens B. holding that defendant was not in custody during search of his residence C. holding that when agents executing a search warrant for narcotics came upon a firearm in plain view they properly detained the firearm for security reasons and that when the same agents at a later point in their search came upon documents indicating the resident had a felony record the firearm could lawfully be seized D. holding that even personal papers of a defendant discovered during a permissive search of his parents home were protected by the privilege E. holding that subsequent discovery during same search of papers indicating defendant was on parole permitted agents to return to and seize a firearm they had previously observed in plain view

assistant: The best answer is E. holding that subsequent discovery during same search of papers indicating defendant was on parole permitted agents to return to and seize a firearm they had previously observed in plain view
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 not impact the terms and provisions of that certain Confidentiality Agreement dated as of September 27, 2016, and such Confidentiality Agreement shall continue to be in full force and effect, pursuant to the terms and conditions thereof; provided, however, that Confidential Information (as such term is defined in such Confidentiality Agreement) only refers to information furnished by or on behalf of the Company prior to the Effective Date. Unless otherwise required by applicable Law or stock exchange requirements (based upon the reasonable advice of counsel), no party to this Agreement shall make any public announcements in respect of this Agreement or the transactions contemplated hereby or described herein or otherwise communicate with any news media without the prior written consent of the other party, and the parties shall cooperate as to the timing and contents of any such announcement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of failure by the Issuer to make any required payment of principal or interest on this Note (and, in the case of payment of interest, such failure to pay shall have continued for thirty (30) days), the Issuer will, upon demand of the Holder, pay to the Holder the amount then due and payable on this Note for principal and interest (without acceleration of this Note in any manner), with interest on the overdue principal and interest at the rate borne by this Note, to the extent permitted by applicable law. If the Issuer fails to pay such amount upon such demand, the Holder may, among other things, institute a judicial proceeding for the collection of the sums so due and unpaid, may prosecute such proceeding to judgment or final decree and may enforce the same against the Issuer and collect the amounts adjudged or decreed to be payable in the manner provided by law out of the property of the Issuer.

assistant: Remedies
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: or (3) “being regarded as having such an impairment.” 42 U.S.C. § 12102(2) (emphasis added). The crux of Kaplan’s ADA claim is that the Cit 6th Cir.1999) (same); Newberry v. E. Texas State Univ., 161 F.3d 276, 280 (5th Cir.1998) (same); Deane v. Pocono Med. Ctr., 142 F.3d 138, 148 n. 12 (3d Cir.1998) (en banc) (declining to rule on this issue but noting that the argument that employers are not required to provide reasonable accommodation for perceived disabilities has “considerable force”). But see Katz v. City Metal Co., Inc., 87 F.3d 26, 33 (1st Cir.1996) (allowing “regarded as” plaintiff to proceed, concluding that whether plaintiff could have performed his job with reasonable accommodation was an issue for the jury) ; Jacques v. DiMarzio, Inc., 200 F.Supp.2d 151, 163 (E.D.N.Y.2002) (<HOLDING>). Though the weight of circuit authority Options: A. recognizing that no federal circuit has addressed the issue B. holding that the tenth circuit if faced with this issue would follow those circuit court of appeals that have permitted the use of class action waivers in arbitration agreements C. holding that district court has no jurisdiction to decide unauthorized second or successive 2255 claims D. recognizing that the second circuit court of appeals has yet to decide the issue but concluding that employers have a duty to accommodate in regarded as cases E. holding that the court of appeals has jurisdiction to decide its jurisdiction under the transitional rules of the iirira

assistant: The best answer is D. recognizing that the second circuit court of appeals has yet to decide the issue but concluding that employers have a duty to accommodate in regarded as cases
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 Waiver may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Waiver by facsimile or electronic (e.g., pdf) transmission shall be effective as delivery of a manually executed original counterpart hereof.

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: Within thirty (30) days of the Effective Date, evidence satisfactory to Lender of the existence of insurance required to be maintained pursuant to this Agreement and the Security Agreement, together with evidence that Lender has been named as additional insured and lender's loss payee, as applicable, on all related insurance policies.

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: 6. In addition, each party agrees that it will not (and direct its employees and representatives not to) disclose (i) to any person either the fact that discussions or negotiations are taking place concerning one or more possible transactions between the parties or (ii) any of the terms, conditions or other facts with respect to any such possible transactions, including the status thereof.

assistant: Yes
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: ( 6 ) let any third person ( except for a minor for whom you opened the account ) play on your account including , but not limited to , using so-called `` power leveling services '' , i.e. paying a third person for playing on your account ; or

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: You will be eligible to participate in all of MGP Ingredient's medical insurance coverage provided for the benefit for you and your family by group health insurance programs and the existing terms of that program. The Company currently pays 85% of medical and dental premiums. Coverage will commence 90 days from your start date. You will also enjoy a Company paid group life insurance policy and long term disability program. Vacation time will be available to you at the rate of 20 days per year, in accordance with the company's policies for executive officers. All other benefits are outlined in the coworker handbook and a benefit summary will be provided as appropriate under the terms and conditions of those benefits.

assistant: Benefits
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: I conclude that Michaud failed to pursue available reasonable avenues to complain about the alleged harassment. Thus she cannot succeed in holding Leslie Fay liable for the mistreatment of its low level supervisor, Guarilia, particularly since there is no convincing evidence that Guarilia used whatever small authority he had to effect changes in Michaud’s working environment. She still used her office and porter and she still had regular lunch times and breaks. His unreported demeaning of her physical condition is insufficient to foist liability on Leslie Fay, for his snide comments could just as easily have been made by a coworker as a supervisor; in other words, he did not use his position to abuse her. See Kotcher v. Rosa & Sullivan Appliance Center, Inc., 957 F.2d 59 (2d Cir.1992) (<HOLDING>). Because Michaud has not shown that Leslie Fay Options: A. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive B. holding that employer not liable for hostile work environment caused by plaintiffs lowlevel supervisor absent notice or the failure to provide a reasonable avenue for complaint C. holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it D. holding that allegations of failure to remedy a hostile work environment provided no basis for relief where the evidence demonstrated that the harassment had ended by the time plaintiffs complaint was filed E. recognizing a hostile work environment claim under section 1983

assistant: The best answer is B. holding that employer not liable for hostile work environment caused by plaintiffs lowlevel supervisor absent notice or the failure to provide a reasonable avenue for complaint
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: Unexercised and unvested stock options issued hereunder shall, in addition to any provisions relating to exercisability contained in this Agreement, become immediately fully vested and exercisable by the Optionee upon the termination of Optionee’s employment with the Company by the Company without Cause (as defined below) or by Optionee for Good Reason (as defined below), in either case within 12 months following the occurrence of a Change of Control (as defined below), with the level of TSR performance calculated as if the date of the Change in Control was the final day of the Performance Period, and as if the level of TSR performance as of such date was the higher of (a) target or (b) actual TSR performance as of such date, as determined in the sole discretion of the Committee in accordance with Section 2(b) and Exhibit A.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all or which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission (to which a PDF copy is attached) shall be deemed to have the same legal effect as delivery of an original signed copy or this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you have a balance due on the account and you have provided blizzard entertainment with a credit card , you agree that blizzard entertainment can charge these unpaid fees to your credit card or debit them from your debit card , as applicable .

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: was asked: Q: Okay, I’m just going to clarify. That is your belief, the, that you could terminate your agreement with Helikon at any time? A. [Gaede] I’m just not sure, to tell you the truth. Thus, the summary judgment evidence does not support appellee’s claim that appellant judicially admitted he could, unilaterally, have terminated the agency agreement. Second, the summary judgment record shows appellee approved of appellant’s continuing performance of his sales agent duties through the remainder of 1996 and well into 1997. A jury might reasonably infer from these circumstances that appellee intended to extend appellant’s agency contract for the period of time expressed in the written communications. See Irwin v. Irwin, 300 S.W.2d 199, 203 (Tex.Civ.App.-Eastland 1957, no writ) (<HOLDING>). Third, the issue of whether a contract is Options: A. holding that parties may stipulate to facts from which jurisdiction may be inferred B. holding that direct proof of intent to defraud is unnecessary and that it may be inferred from the act of the parties and from all circumstances C. holding that parties intent to create or extend agency relationship may be inferred from their conduct viewed in light of all circumstances surrounding transaction D. holding intent may be inferred from all facts and circumstances E. holding specific intent to harm may be inferred from the circumstances and that finding is a matter for the jury

assistant: The best answer is C. holding that parties intent to create or extend agency relationship may be inferred from their conduct viewed in light of all circumstances surrounding transaction
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: Subtenant and Sublandlord further covenant to indemnify, hold harmless and waive rights of recovery against the other to the same extent that Sublandlord and Master Landlord agreed to under Section 10.1 of the Master Lease.

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: The term of this Agreement shall commence on November 1, 2016 and shall continue for as long as you are a member of the Committee, unless earlier terminated in accordance with Section 5 (the “ Term ”). Any extension of the Term will be subject to mutual written agreement between the parties.

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 legal provision and list the applicable contract clause categories. Provision: Borrower shall give prompt written notice to Administrative Agent of any litigation or governmental proceedings pending or threatened against Borrower, Mezzanine B Borrower, Mezzanine A Borrower, Mortgage Borrower or Guarantor, or upon Borrower obtaining Knowledge or receipt of notice thereof against CPLV Tenant and/or CPLV Lease Guarantor, which would 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 legal provision and list the applicable contract clause categories. Provision: Executive shall have responsibilities, duties and authorities reasonably accorded to, expected of, and consistent with Executive’s position as Vice President, General Counsel, and Secretary. During the Employment Period, Executive shall devote her full business time and attention to the Company’s business and shall promote its success and shall perform the duties and responsibilities assigned to her by the Reporting Authority from time to time to the best of her ability and with reasonable diligence. This Section 3 shall not be construed as preventing Executive from (a) serving on advisory committees or boards with the written permission of the Reporting Authority, such permission not to be unreasonably withheld or delayed; (b) engaging in reasonable volunteer services for charitable, educational or civic organizations; or (c) managing her personal investments in a form or manner that will not require Executive’s services in the operation of the entities in which such investments are made. In any event, no such activity shall conflict with Executive’s loyalties and duties to the Company or her ability to fulfill her duties and responsibilities hereunder. Executive shall at all times endeavor to in good faith comply with laws applicable to Executive’s actions on behalf of the Company and its Affiliates.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary in the Plan, in the event of a Change in Control prior to the TSR Vesting Date or the FCF Vesting Date, as applicable, the provisions of this Section 5 shall apply.

assistant: Change In Control
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: SSI and Bank agree that Bank shall provide SSI a written, tiered pricing schedule (based on Applicant credit scores or another designation by Bank) for new Score Cut Plan Accounts opened by Bank, which pricing schedule Bank may modify no more than twice during each Plan Year, but in no event sooner than three (3) months after the immediately preceding modification, upon at least thirty (3 0 ) days prior written notice to SSI. The initial tiered pricing schedule for the Score Cut Plan is attached hereto as Attachment A. SSI shall notify Bank , in writing, of the pricing tiers in which it wishes to participate , if any, and Bank shall open new Score Cut Plan Accounts for qualifying Applicants within such tiers (i.e . , each pricing tier corresponding to a separate credit score band); provided all other relevant application criteria has been satisfied. SSI shall pay Bank the applicable Score Cut Plan Account fee for each new Score Cut Plan Account opened in the tiers in which SSI agrees to participate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 17, 39. Regarding Putnam’s testimony before the State Ethics Commission, Vasapolli and Bisignani argue that Putnam was not engaged in constitutionally protected speech because there had already been extensive media reports on the Kelleher incident at the time of Putnam’s testimony. Defs.’ Mem. at 4. Therefore, Putnam “was not bringing to light any information that had not already been made public.” Id. (citing Coyne v. City of Somerville, 770 F.Supp. 740, 752 (D.Mass.1991) (Cohen, M. J.) (noting that the plaintiff could not be considered a citizen going public for the first time when there had already been wide scale press coverage of a matter)). There is no legal requirement, however, that an individual’s speech bring to light new, previously non-public information in st Cir.2003) (<HOLDING>); O’Connor, 994 F.2d at 915. (quoting Connick, Options: A. holding officers engaged in search entitled to immunity B. holding that the trial court did not err by refusing to ask whether prospective jurors would place a greater amount of weight upon the testimony of law enforcement officers over that of the defendants C. holding corrections officers are not law enforcement officers under 41412 D. holding that law enforcement officers first amendment interest is entitled to even greater weight where officers reports exposed possible government corruption E. holding that there is no first amendment right of access to presentence reports

assistant: The best answer is D. holding that law enforcement officers first amendment interest is entitled to even greater weight where officers reports exposed possible government corruption
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: To the fullest extent permitted by applicable law, the Parties hereto hereby voluntarily and irrevocably waives trial by jury in any Proceeding brought in connection with this Agreement, any of the related agreements and documents, or any of the transactions contemplated hereby or thereby.

assistant: Waiver Of Jury Trials