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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Restricted Units shall be automatically forfeited if the Participant ceases to be employed by the Company or an Affiliate at any time during the Restricted Period, except as provided in a separate employment agreement with the Participant, or as provided in Section 5, or as provided in Section 3 of this Agreement if the Participant incurs a Separation from Service due to death, Disability, or Retirement during the Restricted Period.

assistant: Forfeitures
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: is demonstrated by the fact that Judge Marx had previously heard "half a dozen" cases in Box Elder County under color of authority as a temporary justice court judge without objection. See Menzies, 845 P.2d at 226 (requiring "public acquiescence" in acts of de facto official); Vance, 671 P.2d at 131 n. 5 (defining a de facto officer as one who acts "under such cireumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action" (internal quotation marks omitted)). Nevertheless, Mr. Pett argues that he did not personally acquiesce to Judge Marx's appointment and instead "objected to [Judge] Marx's authority to act as a justice court judge in this case as soon as [Judge] Marx was appointed." Cf. Menzies, 845 P.2d at 228 (<HOLDING>); Vance, 671 P.2d at 1831 & n. 6 (noting that Options: A. holding that a court reporter was a de facto official where she assumed authority under col or of a valid appointment and the public acquiesced in her authority B. holding that the county attorney had de facto authority and noting that the objection to the county attorneys authority was first made on appeal C. holding that where defense counsel made a timely objection and it was overruled by the trial court a further request for a mistrial was unnecessary and futile since the reasons for the objection were apparent and the trial courts denial of the objection indicated its belief the jury could properly hear the matter which was the subject of the objection D. holding that a court reporter had de facto authority and noting that the objection to the reporters qualifications was first made after the jury rendered its verdict E. recognizing that a trial court has the authority before accepting a verdict and before discharging a jury to send the jury back to correct a mistake in its verdict but concluding that jury had been discharged because jury was allowed to return to court on following day and was allowed to deliberate same issue it previously had decided

assistant: The best answer is D. holding that a court reporter had de facto authority and noting that the objection to the reporters qualifications was first made after the jury rendered its verdict
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: Seller has the requisite power and authority to enter into, execute, deliver and perform this Agreement, and/or to consummate all transactions contemplated thereby. The execution and delivery of this Agreement by Seller and the consummation by Seller of the transactions contemplated hereby have been duly and validly authorized by all necessary corporate action, and no other corporate or partnership proceedings on the part of Seller are necessary to authorize this Agreement or to consummate the transactions so contemplated. This Agreement is the valid and legally binding obligation of Seller, enforceable against each of them in accordance with the terms, subject to bankruptcy, insolvency, moratorium, reorganization and similar laws of general applicability affecting the rights and remedies of creditors and to general principles of equity, regardless of whether enforcement is sought in proceedings in equity or at law.

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

user: The party receiving Confidential Information (the “Receiving Party”) shall not disclose Confidential Information to any third party without the prior written consent of the party disclosing such confidential information (the “Disclosing Party”) and shall restrict dissemination of Confidential Information within its own organization to those employees who have a need to have access to the Confidential Information.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The general partner of Buyer is First Capital Real Estate Trust Incorporated, a Maryland corporation (“ General Partner ”). General Partner is a non-traded public real estate investment trust. Buyer may also, in its sole and absolute discretion, direct Contributor to contribute, convey and quit claim the member interests and Project to one or more of Buyer Affiliates , and hereby directs Contributor to convey the Project to FC First Trust, LLC (To be formed post closing), a Delaware limited liability company (“ Subsidiary ”), a special purpose entity wholly-owned by Buyer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This First Amendment and the other Loan Documents executed in connection herewith, unless expressly set forth therein, shall be governed by, construed and enforced in accordance with, the law of the State of Illinois, without reference to the conflicts or choice of law principles thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive is authorized to incur reasonable, ordinary and necessary expenses in the performance of Executive’s duties hereunder. The Employer will promptly reimburse the Executive for all expenses reasonably, necessarily and actually incurred, as determined by the Company, in accordance with policies which may be adopted from time to time by the Company. To receive reimbursement, the Executive shall present to the Company an itemized account, including reasonable substantiation, of such expenses.

assistant: Expenses
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: commitment as part of the price it had agreed to pay for EAC’s Contracts and Slips. Even a cursory reading of the 1993 letter reveals that HRSI’s use of the phrase “incentive structure” did not refer to the payment of merchant and insurance participation as a general matter. Clearly, “incentive structure” referred specifically to the multi-tiered system outlined in the letter, according to which participation percentages would increase proportionately with total credit volume. Id. at 3030. To the extent that the district court relied on extrinsic evidence — i.e., “the circumstances surrounding [the contract’s] making — to reach the conclusion that the contract was unambiguous as to duration, such reliance was consistent with Colorado law.” See, e.g., KN Energy, 698 P.2d at 776-77 (<HOLDING>). In this case, the summary judgment record Options: A. holding that trial court may consider circumstances surrounding making of agreement in determining whether agreement is ambiguous and noting that ambiguity exists when language of agreement in and of itself supports reasonable interpretation distinct from reasonable interpretation reached when language is read in light of surrounding circumstances B. holding that extrinsic evidence admissible to determine intent of parties C. holding that a court may consider extrinsic evidence to determine whether a contract is ambiguous D. holding that courts may consider extrinsic evidence including the circumstances surrounding the making of the contract in order to determine whether a contractual ambiguity exists E. holding that to determine whether a statement was voluntary the court must consider the totality of all the surrounding circumstances both the characteristics of the accused and the details of the interrogation and decide whether a defendants will was overborne by the circumstances surrounding the giving of a confession

assistant: The best answer is D. holding that courts may consider extrinsic evidence including the circumstances surrounding the making of the contract in order to determine whether a contractual ambiguity exists
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 goal of increased “internal monitoring” by law firms can be “achieved by directly increasing the incentive for the individual signer to take care.” Pavelic, 493 U.S. at 127, 110 S.Ct. at 460. Thus, the message “conveyed to the attorney, that this is not a ‘team effort’ but in the last analysis yours alone, [which] is precisely the point of Rule 11.” Id. (emphasis in original). Despite the fact that Fukumoto’s name appeared in the text of the motion for examination and was typewritten, along with Tower’s name, below the signature line, we recognize that “the purpose of Rule 11 as a whole is to bring home to the individual signer his [or her] personal, nondelegable responsibility.” Id. at 126, 110 S.Ct. at 460; see also Giebelhaus v. Spindrift Yachts, 938 F.2d 962 (9th Cir.1991) (<HOLDING>). Therefore, because sanctions under HRCP Rule Options: A. holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions B. holding that an attorneys typewritten name on a pleading is not a signature for purposes of rule 11 and therefore does not subject him to sanctions C. holding that a motion for rule 11 sanctions is dispositive D. holding that a typewritten name above the signature line is not a signature for frcp rule 11 purposes E. holding that a security bearing a defendants own genuine signature is not a forgery and therefore does not come within 2314 which is read to equate falsely made with forged

assistant: The best answer is D. holding that a typewritten name above the signature line is not a signature for frcp rule 11 purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 379 U.S. 693 85 S.Ct. 715 13 L.Ed.2d 699 FORTY-FOURTH GENERAL ASSEMBLY OF COLORADO et al.v.Andres LUCAS et al. No. 661. Supreme Court of the United States February 1, 1965 Duke W. Dunbar, Atty. Gen. of Colorado, Charles S. Vigil, Richard S. Kitchen, Sr., Stephen H. Hart and James Lawrence White, for appellants. Charles Ginsberg and George Louis Creamer, for appellees. PER CURIAM. 1 Insofar as the judgment of the District Court decides federal questions, it is affirmed. Insofar as the judgment decides other questions, it is vacated and the cause is remanded for further consideration in light of the supervening decision of the Colorado Supreme Court in White v. Anderson, Colo., 394 P.2d 333 (1964). 2 Mr. Justice CLARK, Mr. Justice HARLAN, Mr. Justice STEWART, and Mr. Justice GOLDBERG, concurring. 3 It is our understanding that the Court's disposition of this case leaves it open to the District Court to abstain on the question as to the severability of the various provisions of Amendment No. 7, pending resolution of that issue with reasonable promptitude in further state court proceedings. We deem it appropriate explicitly to state our view that this is the course which the District Court should follow. On this basis, we join the Court's opinion.

assistant: 2
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: for New York testified in support of admission of the evidence. Curiously, the witness from the New York Medical Examiner supporting the admission of the polymarker evidence was Dr. Shaler, the same expert who testified against admission of polymarker evidence in the present case. The New York court concluded that “the People have met their burden in establishing that the PCR tests at issue here are sufficiently established to gain general acceptance in the scientific community and satisfy the standard of reliability.” Ibid. Since defendant’s trial in the present case, at least six other courts have held that polymarker testing is scientifically reliable. United States v. Beasley, 102 F.3d 1440, 1448 (8th Cir.1996), cert. denied, — US. -, 117 S.Ct. 1856, 137 L.Ed.2d 1058 (1997) (<HOLDING>); United States v. Shea, 957 F.Supp. 331, 338 Options: A. holding under the restrictive frye test that pcrstr testing is generally accepted in the relevant scientific community B. holding that expert opinion based on scientific technique is inadmissible unless technique is generally accepted as reliable in relevant scientific community C. holding pcrdq alpha test and gmkm blood tests sufficiently reliable to be admitted at trial D. holding that dq alpha and polymarker testing are sufficiently reliable under daubert and have achieved general acceptance within relevant scientific community E. holding that the frye test of general acceptance in the scientific community was superceded by the federal rules

assistant: The best answer is D. holding that dq alpha and polymarker testing are sufficiently reliable under daubert and have achieved general acceptance within relevant scientific community
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 332 U.S. 631 68 S.Ct. 299 92 L.Ed. 247 SIPUELv.BOARD OF REGENTS OF UNIVERSITY OF OKLAHOMA et al. No. 369. Argued Jan. 7, 8, 1948. Decided Jan. 12, 1948. Messrs. Thurgood Marshall, of New York City, and Amos Hall, of Tulsa, Okl., for petitioner. Messrs. Fred Hansen, of Oklahoma City, Okl., and Maurice H. Merrill, of Norman, Okl., for respondents. PER CURIAM. 1 On January 14, 1946, the petitioner, a Negro, concededly qualified to receive the professional legal education offered by the State, applied for admission to the School of Law of the University of Oklahoma, the only institution for legal education supported and maintained by the taxpayers of the State of Oklahoma. Petitioner's application for admission was denied, solely because of her color. 2 Petitioner then made application for a writ of mandamus in the District Court of Cleveland County, Oklahoma. The writ of mandamus was refused, and the Supreme Court of the State of Oklahoma affirmed the judgment of the District Court. Okl. Sup., 180 P.2d 135. We brought the case here for review. 3 The petitioner is entitled to secure legal education afforded by a state institution. To this time, it has been denied her although during the same period many white applicants have been afforded legal education by the State. The State must provide it for her in conformity with the equal protection clause of the Fourteenth Amendment and provide it as soon as it does for applicants of any other group. State of Missouri ex rel. Gaines v. Canada, 1938, 305 U.S. 337, 59 S.Ct. 232, 83 L.Ed. 208. 4 The judgment of the Supreme Court of Oklahoma is reversed and the cause is remanded to that court for proceedings not inconsistent with this opinion. 5 The mandate shall issue forthwith. 6 Reversed. LEE v. STATE OF MISSISSIPPI

assistant: 2
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 Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect, (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational or constitutional documents of IHS or any Subsidiaries or any order of any Governmental Authority, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon IHS, any other Loan Party or any of their respective assets, or give rise to a right thereunder to require any payment to be made by IHS or any other Loan Party, and (d) will not result in the creation or imposition of any Lien on any asset of IHS or any of its Subsidiaries.

assistant: No Conflicts
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 expressly stated herein, and for the Indemnity Agreement between CUBIC and EMPLOYEE, and the terms of any applicable benefit plans, the parties acknowledge and represent that this Agreement contains the entire understanding between them with respect to the matters set forth herein and supersedes any prior inconsistent agreements or understandings.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when a child under the age of thirteen ( 13 ) contacts linden lab , for example , to participate in a contest or to ask a question , we may collect that child 's email address and the e-mail address of the child 's parent or guardian .

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 invalidity or unenforceability of any provision of this Plan will not affect the validity or enforceability of any other provision of this Plan, which will remain in full force and effect, and any prohibition or unenforceability in any jurisdiction will not invalidate or render unenforceable such provision in any other jurisdiction. If any provision of the Plan is capable of being interpreted in more than one manner, to the extent feasible, the provision will be interpreted in a manner that does not result in an excise tax under Code Section 409A. This Plan is intended to comply with the requirements of Code Section 409A and is to be construed accordingly.

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 case excerpt and choose the best holding from the options. Case excerpt: runoff “caused” the response costs incurred. While defendants have proffered evidence demonstrating that lead was inherent in the tar-like material, and that the lead that was inherent was alone sufficient to justify the removal effort, this does not preclude a finding that lead that entered the property through the storm drain system might also have provided a basis for remediation. See Boeing, supra, 207 F.3d at 1185. The court is mindful of the Ninth Circuit’s formulation of the causation standard in Boeing — i.e., that there must be a showing that “either polluter’s conduct would have caused the same response cost to be incurred in the same amount, and [that] the[ir] conduct was of substantially equal blameworthiness.” Id. See also Browning-Ferris Industries, supra, 195 F.3d at 958 (<HOLDING>). Seemingly, other courts have not required a Options: A. holding that parties liable for at least a portion of the costs of remediating a hazardous site are limited to the contribution scheme under section 9613f of cercla B. holding that a potential prison sentence of up to five years was clearly serious C. holding that response costs can be necessary even though the agency that required cleanup never approved the response actions taken D. holding that a portion of plaintiffs response costs should be allocated to a defendant whose pollution was serious enough to require that the site be cleaned up E. holding that investigatory costs are considered costs of response under cercla

assistant: The best answer is D. holding that a portion of plaintiffs response costs should be allocated to a defendant whose pollution was serious enough to require that the site be cleaned up
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a clear abuse of discretion by requiring direct proof of discriminatory intent by Xerox in order for plaintiffs Lusardi to establish a prima facie case of a pattern and practice of age discrimination in this FLSA section 16(b) class action.” Plaintiffs’ Petition for Mandamus at 37. As he develops this argument, Lusardi shifts to a contention that statistical proof of the disparate impact of a reduction in force creates a pri-ma facie case entitling each member of the protected class who opts in to jury consideration of his discrimination claim. This presence of statistical proof, he contends, is a common issue of fact that makes all the opt-in claimants similarly situated within the meaning of § 16(b) of FLSA. See Distelhorst v. Day & Zimmerman, 58 F.Supp. 334, 335 (S.D.Iowa 1944) (<HOLDING>), appeal dismissed, 150 F.2d 541 (8th Options: A. holding any common issue of fact meets the similarly situated test of flsa 16b B. holding under flsa C. holding that the flsa does not preempt state law contract provisions that are more generous than the flsa demands D. holding that plaintiffs met the similarly situated requirement by pointing to an express companywide employment policy allegedly in violation of the flsa E. holding that the flsa preempted plaintiffs fraud claim

assistant: The best answer is A. holding any common issue of fact meets the similarly situated test of flsa 16b
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) In consideration of the payments and benefits set forth in the Employment Agreement, the Executive, for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “ Executive Releasors ”) does hereby irrevocably and unconditionally release, acquit and forever discharge the Company and in such capacity each of its subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors, partners, agents, and former and current employees, including without limitation all persons acting by through, under or in concert with any them, (collectively, the “ Company Releasees ”), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs) of any nature whatsoever, known or unknown, whether in law or equity and whether arising under federal, state or local law and in particular, but not limited to, claims based upon express or implied contract, promissory estoppel, fraud, misrepresentation, wages or benefits owed, claims for torts, including but not limited to defamation, intentional or negligent infliction of emotional distress, claims for wrongful discharge, discrimination, or retaliation, claims under the Americans with Disabilities Act (“ ADA ”), Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, 42 U.S.C. 1981, the Civil Rights Acts of 1866 and 1872, the Family and Medical Leave Act of 1993 (“ FMLA ”), the Age Discrimination in Employment Act (“ ADEA ”), the Older Workers Benefit Protection Act (“ OWBPA ”), the Genetic Information Nondiscrimination Act (“ GINA ”), the Fair Labor Standards Act of 1938 (“ FLSA ”), the Consolidated Omnibus Budget Reconciliation Act of 1986 (“ COBRA ”), the National Labor Relations Act (“ NLRA ”), the Sarbanes Oxley Act (“ SOX ”), the Employee Retirement Income Security Act (“ ERISA ”), the Racketeer Influenced and Corrupt Organization Act (“ RICO ”), the Texas Labor Code, and any and all local, state and federal statutes, laws or ordinances which prohibit discrimination or retaliation on the basis of workers’ compensation status, but do not include workers’ compensation claims or claims for unemployment or state disability insurance benefits.

assistant: Releases
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 when so executed will be deemed to be an original. Such counterparts together will constitute one agreement. Signatures may be exchanged via facsimile or electronic mail and the parties hereto agree that signatures so exchanged shall be binding to the same extent as if original signatures were exchanged.

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 case excerpt and choose the best holding from the options. Case excerpt: noted that the majority need not address those issues as the reversal of the death sentence and the remand for resentencing renders them moot. In my view, the Court’s discussion in those sections is mere dicta. II. TRIAL ERRORS Because of the errors noted below, the conviction should be reversed and the cause remanded for a new trial. A. The Reasonable Doubt Instruction is Insufficient. The giving of the reasonable doubt instruction in this case was reversible error for the same reasons expressed in State v. Rhoades, 121 Idaho 63, 83-4, 822 P.2d 960, 980-1 (1991) (Bistline, J., dissenting), cert. denied, — U.S. -, 113 S.Ct. 962, 122 L.Ed.2d 119 (1993). Accordingly, I would reverse and remand for a new trial. Sullivan v. Louisiana, — U.S.-,-, 113 S.Ct. 2078, 2082, 124 L.Ed.2d 182 (1993) (<HOLDING>). B. The Criminal Negligence Instruction Which Options: A. holding that the erroneous admission of dna evidence is never harmless B. holding that before an error can be held harmless the reviewing court must be satisfied beyond a reasonable doubt that the error did not contribute to the defendants conviction C. holding that the giving of an erroneous reasonable doubt instruction can never be harmless error D. holding that unless an erroneous instruction was unlikely to have changed the result of the trial a reviewing court cannot say that giving the instruction was harmless error E. holding that before a federal constitutional error can be held harmless the court must be able to declare a belief that it was harmless beyond a reasonable doubt

assistant: The best answer is C. holding that the giving of an erroneous reasonable doubt instruction can never be harmless error
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 Employee shall be remunerated in line with the Swiss market for similar positions, with a yearly gross salary of SFr 390’000. (three hundred and ninety thousand Swiss Francs per annum) paid in 12 installments per year, i.e. SFr 32’500 per month. The Gross Fixed Annual Salary will be reviewed annually based on performance in the job and next salary review will be Jan 2018. Please note that there is no automatic entitlement to a salary increase in any year. Upon permanent relocation to headquarter location, temporary living allowance will cease and yearly gross salary will be adjusted to SFr 405’000 (four hundred and five thousand Swiss Frans per annum) paid in 12 installments per year.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not served .with notice of the divorce proceedings before the trial court impacted their businesses by granting Christina a security interest in Jeffs interests therein in the dissolution decree. We find nothing improper here. Typically, the only proper parties to a marital dissolution proceeding are the spouses. State ex rel. Stanton v. Superior Court of Lake County, 265 Ind. 414, 416, 355 N.E.2d 406, 407 (1976); Gaw v. Gaw, 822 N.E.2d 188, 191 (Ind.Ct.App.2005). If Jeff, as responding party (and shareholder or member of the Crider Entities), believed that the Crider Entities needed to be joined in the proceeding as indispensable parties under Indiana Trial Rule 19, it was incumbent upon Jeff to file a motion requesting joinder. See Dunson v. Dunson, 769 N.E.2d 1120, 1126 (Ind.2002) (<HOLDING>). And, the Crider Entities cite no authority Options: A. holding that a party does not automatically qualify as a real party in interest merely because it has been named as a defendant in a declaratory judgment action B. holding that party waived argument by failing to brief it on appeal C. holding that res judicata barred conspiracy claim against defendant even though defendant had not been a party to the prior action because the civil conspiracy claim should have been adjudicated in a prior action and defendant as an alleged participant in the conspiracy would have been indispensable party to that adjudication D. holding that failure to join necessary party was prejudicial E. holding father waived claim that alleged de facto custodian should have been named as party in child support proceeding by failing to move to join party or to dismiss for lack of an indispensable party

assistant: The best answer is E. holding father waived claim that alleged de facto custodian should have been named as party in child support proceeding by failing to move to join party or to dismiss for lack of an indispensable party
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: KAREN NELSON MOORE, Circuit Judge, dissenting. Because I believe that Turner did not unambiguously waive the right to challenge his sentence on the basis of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), I respectfully dissent. Turner’s plea agreement includes the following provision: “The defendant agrees to waive any challenge to the validity of the Sentencing Guidelines.” Joint Appendix (“J.A.”) at 22-23 (Plea Agreement 1112) (emphasis added). Turner does not challenge the validity of the Guidelines; instead, he simply argues that the district court erred by treating the Guidelines as mandatory rather than advisory. In fact, Turner explicitly acknowledges that the Guidelines are valid and must be considered at sentencing. Appellant’s Br. at 17 (<HOLDING>). It is clear, then, that what Turner Options: A. holding booker error is avoided when district court calculates proper guidelines sentencing range treats guidelines as advisory and imposes reasonable sentence B. holding that use of the guidelines in effect at time of sentencing does not violate ex post facto clause after booker C. holding that there is no nonconstitutional error under booker where the district court sentencing in the alternative sufficiently considered the guidelines as well as the other factors listed in 3553a D. holding sentencing under the acca not to be a booker error E. recognizing that under booker judges should continue to take account of the guidelines together with other sentencing goals and a sentencing court must at least consider the guidelines in fashioning a sentence quoting booker 125 sct at 764

assistant: The best answer is E. recognizing that under booker judges should continue to take account of the guidelines together with other sentencing goals and a sentencing court must at least consider the guidelines in fashioning a sentence quoting booker 125 sct at 764
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 any dispute arises between any Members to this Agreement with respect to this Agreement or the Company, then upon written request of one Member served on the other Member, the matter shall be submitted promptly for arbitration with JAMS or the McCammon Group in accordance with their rules then pertaining unless the parties mutually agree otherwise. The Members shall cooperate in good faith to agree upon an arbitrator or arbitrators and shall proceed in accordance with any rules or requests of the arbitrator(s). If the Members are unable to agree on an arbitrator within seven (7) days after being provided with bios of the arbitrators, then the arbitrator shall be chosen by the selected arbitration tribunal. The arbitration shall be held in the Commonwealth of Virginia, unless the parties otherwise agree. The cost of such arbitration shall be split equally among the Members. If a Member does not agree to go to arbitration, as the case may be, then that party shall be liable for the other party’s reasonable legal fees in any subsequent litigation regarding that same matter in which the party who refused to go to arbitration loses in that subsequent litigation. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon the award in accordance with applicable law in any United States court of competent jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 209-10. Texas Eastern was viewed as having restored the institutional doctrine because the decision stated that if real estate is special purpose property, “the operation of the structure and the operation of the business conducted therein merge.” Id. at 211. The court had reasoned that the Legislature’s intent in enacting Chapter 117 was to broaden the meaning of real property and narrow that of personal property. Ibid. In response to Texas Eastern’s understanding of Chapter 117, the pendulum began to shift toward including business personal property as taxable real property. The Legislature expressed concern with three decisions referred to in our opinion in R.C. Maxwell, supra, 145 N.J. at 563, 679 A.2d 141. See American Hydro Power Partners v. Clifton, 11 N.J.Tax 12 (Tax 1990) (<HOLDING>), aff'd in part, 12 N.J. Tax 264 Options: A. holding that plaintiffs may have a property interest in real property B. holding batch ester plant machinery real property C. holding hydroelectric power machinery real property D. holding that forfeiture of real property may be adjudicated before the seizure occurs because real property cannot abscond E. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner

assistant: The best answer is C. holding hydroelectric power machinery real property
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: judicial or quasi-judicial function, as was the case in Lyons. Rather, Showers alleges that Musson negligently performed its excavation, construction, and drainage responsibilities under the contract. Specifically, Showers' complaint alleges that Musson is liable for "improper drainage, . . . maintenance, excavation, construction procedures, and failure to take corrective measures." ¶ 53. These assertions are fundamentally different from the assertion that a governmental entity negligently selected a design that a contractor imple mented for a government project. Design selection is a type of governmental entity decision that we have determined is within the legislative or quasi-legislative function immunized under Wis. Stat. § 893.80(4). See, e.g., Chart, 57 Wis. 2d at 100-01 (<HOLDING>); Lange v. Town of Norway, 77 Wis. 2d 313, Options: A. recognizing that the existence of a copy of a decision in a bill file along with numerous references to a decision of the court of appeals in the legislative history indicated that an amendment was made in response to that decision B. recognizing that the decision to undertake a project or how to design the project may be immunized as the exercise of a legislative or quasilegislative function C. holding that legislative consent to suit must be by clear and unambiguous language in either a statute or by other express legislative permission D. holding that a zoning decision pertaining to a specific property is not a legislative act but is rather quasijudicial in nature E. recognizing legislative or quasilegislative nature of design decision

assistant: The best answer is E. recognizing legislative or quasilegislative nature of design decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for the security interest granted to the Administrative Agent for the ratable benefit of the Secured Parties pursuant to this Agreement and the other Liens permitted to exist on the Collateral by the Credit Agreement, such Grantor owns or has a valid leasehold interest in each item of the Collateral free and clear of any and all Liens or claims of others. No financing statement or other public notice with respect to all or any part of the Collateral is on file or of record in any public office, except such as have been filed in favor of the Administrative Agent, for the ratable benefit of the Secured Parties, pursuant to this Agreement or as are permitted by the Credit Agreement. For the avoidance of doubt, it is understood and agreed that any Grantor may, as part of its business, grant licenses to third parties to use Intellectual Property owned or developed by a Grantor. For purposes of this Agreement and the other Loan Documents, such licensing activity shall not constitute a “Lien” on such Intellectual Property. Each of the Administrative Agent and each other Secured Party understands that any such licenses may be exclusive to the applicable licensees, and such exclusivity provisions may limit the ability of the Administrative Agent to utilize, sell, lease or transfer the related Intellectual Property or otherwise realize value from such Intellectual Property pursuant hereto.

assistant: Titles
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 at any time supercell chooses , in its sole discretion , to monitor the service , supercell nonetheless assumes no responsibility for user content and assumes no obligation to modify or remove any inappropriate user content .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for further information on geographic and export restrictions , visit http://go.microsoft.com/fwlink/?linkid=141397 and http://www.microsoft.com/exporting .

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: shall be available to all school districts in the commonwealth on an advisory basis, and shall be filed with the clerk of the house of Representatives, the clerk of the Senate, and the House and Senate chairmen of the joint committee on education, arts, and humanities not later than March 1, 1999. 1998 Mass. Acts 1154 (emphasis added). 2 . It is clear from the Complaint that plaintiff ATAA knew in August, 1999, of the removal of the contra-genocide websites from the Curriculum Guide and, therefore, of the alleged injury to it olicy that would constitute a systemic violation. As with serial violations, a plaintiff seeking to establish a systemic violation must allege more than the lingering effects of a past violation. See Muniz-Cabrero v. Ruiz, 23 F.3d 607, 611 (1st Cir.1994) (<HOLDING>). Only a violation in 1999 is alleged by the Options: A. holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision B. holding that the defendant did not deprive the plaintiff of a property interest in his continued employment because the plaintiff voluntarily resigned when he refused to report to work after being transferred to a new position C. holding offer of continued atwill employment did not constitute consideration for the arbitration agreement D. holding that former municipal judge did not have property interest in continued employment E. holding in an employment discrimination case that the continued employment of the plaintiffs rival in a position previously held by the plaintiff did not constitute a systemic violation

assistant: The best answer is E. holding in an employment discrimination case that the continued employment of the plaintiffs rival in a position previously held by the plaintiff did not constitute a systemic violation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party acknowledges and agrees that if the Closing fails to occur, or is rendered incapable of occurring, as a result of the breach by such Party of any term or provision of this Purchase Agreement (such breach, a “ Closing Failure Breach ”), the other Parties would be damaged irreparably and monetary damages may not be a sufficient remedy. Accordingly, each Party agrees that the other Parties shall be entitled to injunctive relief to prevent any such Closing Failure Breach and to enforce specifically this Purchase Agreement and the terms and provisions hereof in court, subject to Section 12.10 ; provided, that , for the avoidance of doubt, such remedies shall be in addition to any other remedies which any Party may have under this Purchase Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: services for the State. In stark contrast to the Wit-ham test results, the Med-Tox test indicated that Black's sample contained 528 milligrams of cocaine metabolites per milliliter-98 milligrams higher than Wit-ham's initial test conducted on the same sample. Based upon this evidence, the State moved to revoke Black's probation. Prior to the revocation hearing, Black filed a motion for the State to produce evidence it planned to use at his hearing. The State responded by stating that it did not possess the items requested and informed Black that this information could be obtained by contacting the JCPD: The revocation hearing took place on March 7, 2002. During the hearing, Black moved to strike all evidence due to the State's failure to provide t Ind.Ct.App.2002), trams. denied (<HOLDING>). However, judges are not required to admit all Options: A. holding that neither rule 11 nor the protections of boykin apply to probation revocation hearings and observing that less process is due in prison disciplinary proceedings than in probation revocation hearings B. holding uncertified investigation reports of law enforcement personnel inherently unreliable and inadmissible in revocation hearings C. holding hearsay admissible in revocation hearings D. holding that certified charging informations and police reports are deemed admissible in revocation hearings E. holding that the irs has a law enforcement purpose in the context of a criminal tax investigation

assistant: The best answer is B. holding uncertified investigation reports of law enforcement personnel inherently unreliable and inadmissible in revocation hearings
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: our host guarantee terms , guest refund policy , nondiscrimination policy and other policies applicable to your use of the airbnb platform are incorporated by reference into this agreement .

assistant: None