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: by relying on the facts in the presentence report to satisfy the factual basis for his guilty plea. According to Oehler, the lack of a specific overt act during the conspiracy time frame rendered the factual basis insufficient. We affirm. Federal Rule of Criminal Procedure 11(b)(3) requires that the district court satisfy itself that there is a factual basis for the plea prior to entering judgment. However, because Oehler did not move in district court to withdraw his guilty plea, his challenge to the adequacy of the Rule 11 hearing is reviewed for plain error. United States v. Martinez, 277 F.3d 517, 525 (4th Cir.2002). A district court may find the factual basis for the plea “from anything that appears on the record,” and the court may defer its inquiry until sentencing. Id. at 531 (<HOLDING>). Here, Oehler stipulated that a factual basis Options: A. holding that express adoption of factual findings in presentence report is sufficient B. holding that court may satisfy factual basis requirement by examining presentence report C. holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report D. holding that the district court committed plain error in relying solely on the factual description in the presentence report E. holding defendant waived alleged factual inaccuracies in presentence report by failing to raise them in district court

assistant: The best answer is B. holding that court may satisfy factual basis requirement by examining presentence report
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive’s employment with the Company shall terminate upon Executive’s death. Upon the termination of the Term and Executive’s employment as a result of this Section 6(c)(i), Executive’s estate shall receive the Accrued Obligations within fifteen (15) days following the Termination Date. Additionally, Executive’s estate will receive a lump-sum payment (less applicable withholding taxes) equal to the Executive’s Target Bonus (as defined in Exhibit C hereto) in the year of termination of employment due to death. Such lump-sum amount shall be payable within sixty (60) days following Executive’s death. All other payments or benefits, if any, due to Executive’s estate following Executive’s termination due to death shall be determined in accordance with the plans, policies and practices of the Company as then in effect; provided, that Executive’s estate shall not be entitled to any severance payments or benefits under any other agreement or any severance plan, policy or program of the Company (excluding any group health benefit plans). Executive’s estate shall not earn or accrue any additional compensation or other benefits under this Agreement following the Termination Date.

assistant: Death
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: Cir.1978))). Loop-Net challenges the reasonableness of hours claimed and rates charged by CoStar’s counsel as well as the amount of their expenses. 1. Reasonable Billing Rate “To inform and assist the court in the exercise of its discretion, the burden is on the fee applicant to produce satisfactory evidence ... that the requested rates are in line with those prevailing in the community for similar services by lawyers of reasonably comparable skill, experience and reputation.” See Blum, 465 U.S. at 896 n. 11, 104 S.Ct. 1541. A rate determined in this way is normally deemed reasonable, and is referred to as the prevailing market rate. Id. Evidence of the prevailing market rate usually takes the form of affidavits from other counsel attesting to their rates or the prev (10th Cir.1987) (<HOLDING>). CoStar requests the following rates for its Options: A. holding that a district judge may rely on his own knowledge of private firm hourly rates in the community in determining the prevailing market rate B. holding that the district court should have looked to prevailing rates in the area C. holding that absent other evidence of prevailing market rates the district judge may establish a reasonable rate based on his familiarity with the prevailing rates in the area D. holding that the fee applicant must produce specific evidence of the prevailing market rates in the relevant community for the type of work for which he seeks an award E. recognizing that rates awarded in other cases do not set the prevailing market rateonly the market can do that

assistant: The best answer is C. holding that absent other evidence of prevailing market rates the district judge may establish a reasonable rate based on his familiarity with the prevailing rates in the area
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 notice to be given under the terms of this Agreement or any delivery of this Option to the Company shall be deemed to have been duly given or made only if (i) delivered personally or by overnight courier, (ii) delivered by facsimile transmission with answer back confirmation, (iii) mailed (postage prepaid by certified or registered mail, return receipt requested) (effective upon actual receipt), or (iv) delivered by electronic communication to the address below. An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this letter if sent with return receipt requested to the electronic mail address specified by the receiving party. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. The party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a non-electronic form (“ Non-electronic Notice ”) which shall be sent to the requesting party within five days after receipt of the written request for Non-electronic Notice. Either party from time to time may change its address, facsimile number, electronic mail address, or other information for the purpose of notices to that party by giving written notice specifying such change to the other party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be construed in accordance with and governed by the laws of the State of New York, without giving effect to conflict of laws principles other than Section 5-1401 of the New York General Obligations Law. Each party consents to the exclusive jurisdiction of any state or federal court in the State of New York over any action or proceeding brought in connection with this Agreement. SELLER AND PNC EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO WHICH SELLER AND/OR PNC MAY BE PARTIES ARISING OUT OF OR IN ANY WAY PERTAINING TO THIS AGREEMENT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, and the obligations of the parties hereunder, shall terminate immediately upon the earlier to occur of (a) a written agreement to that effect, signed by all parties hereto, (b) the date on which the Investor owns less than five percent (5%) of the Common Stock on a Fully-Diluted Basis, and (c) upon the valid termination of the Share Purchase Agreement in accordance with Article VI thereof; provided , that the provisions set forth in this Section 5.1 and Section 5.15 shall survive the termination of this Agreement; provided , further , that any liability incurred by any party hereto as a result of a breach of a term or condition of this Agreement prior to such termination shall survive the termination of this Agreement.

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: The Company shall pay to Employee a base salary of $237,317 per year, payable in accordance with the Company’s usual pay practices (and in any event no less frequently than bi-monthly). Employee’s base salary shall be subject to review annually by and at the sole discretion of the Board or its designee.

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: this Court will not second-guess the referee’s recommended discipline as long as it has a reasonable basis in existing case law and the Florida Standards for Imposing Lawyer Sanctions. See Fla. Bar v. Temmer, 753 So.2d 555, 558 (Fla.1999). The referee’s findings of fact demonstrate that Mirk misappropriated $31,487.50 in client funds held in his trust account. This Court has long held that attorney misconduct involving the misuse or misappropriation of client funds is unquestionably one of the most serious offenses a lawyer can commit. See Fla. Bar. v. Martinez-Genova, 959 So.2d 241, 246 (Fla.2007). Indeed, disbarment is presumed the appropriate discipline when an attorney engages in this type of misconduct. Id.; see also Fla. Bar v. Valentine-Miller, 974 So.2d 333, 338 (Fla.2008) (<HOLDING>). We have also emphasized that the presumption Options: A. holding that disbarment is the presumptively appropriate sanction under both the florida standards for imposing lawyer sanctions and case law when a lawyer misappropriates trust funds B. holding that a finding of bad faith on the part of the offending lawyer is a prerequisite for imposing sanctions under 1927 C. holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person D. holding that disbarment was the appropriate sanction for an attorneys repeated material misrepresentations E. holding that disbarment was the appropriate sanction where an attorney misappropriated funds from his real estate partners

assistant: The best answer is A. holding that disbarment is the presumptively appropriate sanction under both the florida standards for imposing lawyer sanctions and case law when a lawyer misappropriates trust funds
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 Employment Period, the Company shall reimburse the Executive for all reasonable expenses incurred by her in the course of performing her duties under this Agreement which are consistent with the Company’s policies in effect from time to time with respect to travel, entertainment and other business expenses (and in each case that have been approved by the President and/or the Board), subject in all instances to the Company’s requirements with respect to reporting, documentation and approval 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: knowledge of misrepresentations on the application should be imputed to defendant. Id. at 292-94, 368 S.E. 2d at 395-96 (Parker, J., dissenting). Defendant appealed on the basis of the dissenting opinion in the Court of Appeals, and we allowed defendant’s petition for discretionary review of the additional issue regarding the motion to strike portions of plaintiff’s affidavit. II. As to the trial court’s order striking portions of plaintiff’s affidavit, we hold the Court of Appeals correctly affirmed as to those portions of the affidavit designated above as [3] and [4] inasmuch as those portions are conclusions rather than statements of fact. See 1 Brandis on North Carolina Evidence § 130 (3d ed. 1988); see also Singleton v. Stewart, 280 N.C. 460, 467, 186 S.E. 2d 400, 405 (1972) (<HOLDING>). We also hold the Court of Appeals correctly Options: A. holding that experts testimony that defendants engaged in fraud and deceit was admissible because the words were used in colloquial fashion but statement that defendants violated federal regulations was inadmissible as a legal conclusion B. holding an affidavit statement referring to the notice required for a binding contract was inadmissible as a legal conclusion C. holding that a statement implying that the defendant was guilty of the crime for which he was on trial was inadmissible hearsay D. holding that the victims statement was inadmissible when made two to three hours after victim was allegedly raped because the victims testimony supported the conclusion that her statement was made with conscious reflection E. holding inadmissible an affidavit by copyright law expert opining that a term was suggestive rather than descriptive because his opinion was a conclusion of law

assistant: The best answer is B. holding an affidavit statement referring to the notice required for a binding contract was inadmissible as a legal conclusion
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 good reason, we cannot accept a post-hearing argument that evidence admitted without objection may not be considered because it was hearsay. In this case, not only did the General Counsel not object to Mullican Lumber’s evidence, he facilitated the admission of some of the evidence that he now argues cannot be considered because it was hearsay. “[W]hen evidence of that character [hearsay] is admitted without objection, it is to be considered and given its natural probative effect as if it were in law admissible.” Diaz v. United States, 223 U.S. 442, 450, 32 S.Ct. 250, 56 L.Ed. 500 (1912). Consistent with Diaz, we have given employee reports regarding union loss of majority status their natural probative value, despite their hearsay nature. See Transpersonnel, 349 F.3d at 187-88 (<HOLDING>). In Transper-sonnel, we said: We conclude, Options: A. recognizing substantial probative value of tape recording that provided direct evidence of knowledge element of crime charged B. recognizing high probative value of evidence providing conduct that was part of the very act charged C. holding probative value of evidence must be balanced against any prejudicial effect D. recognizing the probative value of objective and reliable hearsay evidence E. recognizing that while the evidence at issue was admissible under rule 407 its probative value was minimal

assistant: The best answer is D. recognizing the probative value of objective and reliable hearsay evidence
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: Without in any way limiting the provisions of Sections 7.2 and 9, in case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed and reformed to the maximum extent permitted by law.

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: dispute, but it is not a material one. See Maryland Rule 2-501(a). Petitioner’s contract construction argument is that Erie’s failure to use a “sexual molestation” exclusion in the policies issued to Kowalski reflects an intent to provide coverage for sexual molestation. Such an inference requires as its predicate the notion that a “sexual molestation” exception—if such conduct were already prohibited under a general provision excluding all intentional torts—would be impermissibly redundant. This inference does not flow logically. As the Court of Special Appeals noted in this case, “liability insurance policies often contain both broad exclusions and specific exclusions that overlap.” Pettit, 117 Md.App. at 221, 699 A.2d at 555; see also Sparks, 63 Md.App. at 743, 493 A.2d at 1112 (<HOLDING>). Many factors underlie the commercial reality Options: A. holding that an automobile dealers liability insurer was not liable for any damage allegedly caused by the negligence of the dealer and sustained in an accident involving an automobile purchased from the dealer or to defend the dealer in the negligence action where the injury occurred outside of the policy period and occurrence was defined in the policy as an accident including injurious exposure to conditions which results during the policy period in bodily injury or property damages B. holding that public policy favors the exclusion of intentional acts as contained in the mjua policy C. holding that there was no coverage because there was no occurrence within the meaning of the policy because defective workmanship does not constitute an accident or an occurrence under a commercial general liability policy D. holding that the plain meaning of the uim policy language was clear and not contrary to public policy E. holding that an intended damages exclusion was in pari materia with language in the policy defining an occurrence under the policy as an accident

assistant: The best answer is E. holding that an intended damages exclusion was in pari materia with language in the policy defining an occurrence under the policy as an accident
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: v. Chambers County Comm’n, 514 U.S. 35, 49-51, 115 S.Ct. 1203, 131 L.Ed.2d 60 (1995); Limone v. Condon, 372 F.3d 39, 51-52 (1st Cir.2004). The Secretary offers no developed argumentation on this point and, as matters stand, we believe that this case is not a credible candidate for the exercise of pendent appellate jurisdiction. 4 . The Secretary makes a fifth argument: that the relief ordered by the district court requires Puerto Rican officials to act in contravention of local law. The district court refused to address this argument on the ground that the Secretary did not sufficiently specify the nature of the alleged violations. That ruling is supportable, and it precludes reliance on the argument here. See Teamsters Union v. Superline Transp. Co., 953 F.2d 17, 21 (1st Cir.1991) (<HOLDING>). In all events, the Secretary's appellate Options: A. holding that an issue not raised in the trial court cannot be raised for the first time on appeal B. holding arguments not raised on appeal waived C. holding that issues not raised before the trial court cannot be raised on appeal D. holding that arguments not squarely raised in the trial court cannot be advanced on appeal E. holding that issues not raised in the trial court may not be raised later on appeal

assistant: The best answer is D. holding that arguments not squarely raised in the trial court cannot be advanced on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may not interfere in any manner with the functionality of the services or use the services in any way that breaches any code of conduct , policy or other notice applicable to the services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event the Employment Term ends on account of the Executive’s death, the Executive’s estate (or to the extent a beneficiary has been designated in accordance with a program, the beneficiary under such program) shall be entitled to any Accrued Amounts, including but not limited to proceeds from any Company sponsored life insurance programs.

assistant: Death
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: with the “express authorization]” of the employer itself before it could be imputed to that employer. Id. Finally, while Le did state that, “it may well be that the General Assembly, by the language ‘deliberate intention of his employer to produce such injury,’ intended something less than the full sweep of common law respondeat superior liability,” id., there is nothing in the Maryland case law to suggest that the legislature intended to protect an employer from suit where, as here, its supervisor acted, as a supervisor, in the normal course of her employment, with the deliberate intent to injure another employee — simply because that supervisor’s action violated the order of an absent, higher-ranking company official. Cf. Hastings v. Mechalske, 336 Md. 663, 650 A.2d 274, 281 (1994) (<HOLDING>). Nor would such a rule be wise. Whether or not Options: A. holding with no analysis that any person or organization who may be legally liable therefor applies to a person legally liable for injuries caused by an accident 4 when under the facts of the case the only person to whom the clause could have applied was a tortfeasor B. holding that the employer remains liable with respect to the duty regardless of the acts or omissions of the person entrusted to perform it C. holding the same with respect to violations of the fifth amendment D. holding that the government is liable under the ftca in the same respect as a private person under the law of the place where the act occurred E. holding that the decision as to the best use of the corpus is not entrusted to the trial court however wise and well intentioned but to the person whose money it was to distribute

assistant: The best answer is B. holding that the employer remains liable with respect to the duty regardless of the acts or omissions of the person entrusted to perform it
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 the previously bargained-for fees. Plaintiff points out that while there are exceptions to Section 406(a) prohibited transactions under Section 408, there are no exceptions to Section 406(b) prohibited transactions. Thus, Plaintiff argues that even if the fees are reasonable, the disbursement of any fees by the fiduciary to pay itself for its services is prohibited. This argument goes too far. Section 406(b)’s purpose is to prohibit transactions that might involve self-dealing by a fiduciary, not to prevent fiduciaries from being paid for their work. A service provider cannot be held liable for merely accepting previously bargained-for fixed compensation that was not prohibited at the time of the bargain. See Chi. Dist. Council of Carpenters Welfare Fund, 474 F.3d at 472 n. 4 (<HOLDING>); Schulist v. Blue Cross of Iowa, 717 F.2d Options: A. holding that a claim did not arise under a workers compensation law when it stated a right to relief in tort and sought common law damages distinct from statutory compensation scheme B. holding that a schoolteacher elected by the school board was an employee not an official and therefore entitled to benefits under the workers compensation act C. holding that a provider of software and hardware was not an information provider and thus could not be charged with negligent misrepresentation D. holding that a fiduciary who receives consideration in connection with a transaction involving plan assets violated section 406b and a nonfiduciary who facilitated that transaction could be liable E. holding that a service provider who accepted compensation prescribed by an armslength agreement was not a fiduciary for compensation purposes and therefore not liable under section 406b

assistant: The best answer is E. holding that a service provider who accepted compensation prescribed by an armslength agreement was not a fiduciary for compensation purposes and therefore not liable under section 406b
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 hereto hereby irrevocably and unconditionally (i) submits, for itself and its property, to the nonexclusive jurisdiction of any New York state court in New York County or federal court of the United States of America for the Southern District of New York, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment arising out of or relating to this Agreement; (ii) agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York state court or, to the extent permitted by law, federal court; (iii) agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law; (iv) consents that any such action or proceeding may be brought in such courts and waives any objection it may now or hereafter have to the laying of venue of any such action or proceeding in any such court and any objection it may now or hereafter have that such action or proceeding was brought in an inconvenient court, and agrees not to plead or claim the same; (v) consents to service of process in the manner provided for notices in Section 7.2 of this Agreement (provided that, nothing in this Agreement shall affect the right of any such party to serve process in any other manner permitted by law); and (vi) waives, to the maximum extent not prohibited by law, any right it may have to claim or recover in any such action or proceeding any special, exemplary, punitive or consequential damages.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Joinder Agreement may be executed in multiple counterparts, each of which shall constitute an original but all of which when taken together shall constitute one and the same instrument. Section 10.13 of the Loan Agreement (the joint borrower provisions) is by this reference hereby incorporated herein in its entirety.

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: immunity and on the authority of Levin). (2)Does the application of the litigation privilege to a cause of action for abuse of process abolish the cause of action? We conclude that the application of the litigation privilege to a cause of action for abuse of process does not eliminate that cause of action. The litigation privilege, by definition, is limited to actions taken during a judicial proceeding and which are related to the judicial proceeding. Levin, 639 So.2d at 608. Therefore, a claimant may still pursue a claim for an abuse of process when the claim is based on actions taken outside of a judicial proceeding or on actions that are taken during a judicial proceeding but which are unrelated to the judicial proceeding. See Olson v. Johnson, 961 So.2d 356 (Fla. 2d DCA 2007) (<HOLDING>); see also Montejo v. Martin Mem’l Med. Ctr., Options: A. holding that statements made in the course of negotiation were not contracts and such statements were merged into the final written agreement B. holding that the litigation privilege did not preclude a malicious prosecution claim where the accusatorial statements that led to the plaintiffs arrest were made before the charges against him were filed and were not made during and were unrelated to the judicial proceeding C. holding that conviction for speeding did not preclude a malicious prosecution claim arising from acquittal on charges of resisting arrest and attempted escape D. holding that because plaintiffs iied claim is based on the facts that support plaintiffs malicious prosecution claim plaintiffs iied claim did not accrue until the charges against them were dismissed E. holding that a witness could testify about statements made to him by a police department investigator because the statements were an admission by partyopponent and were thus not excluded by the hearsay rule

assistant: The best answer is B. holding that the litigation privilege did not preclude a malicious prosecution claim where the accusatorial statements that led to the plaintiffs arrest were made before the charges against him were filed and were not made during and were unrelated to the judicial proceeding
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 Member, Manager and the Managing Member as a condition to admittance as a Member, or as a condition to acceptance of appointment as a Manager or as Managing Member hereby represents and warrants to the Company, the Manager and to each other Member that such person and its Principals and Affiliates, is or are not, nor have any of them ever been: (i) convicted of a felony or misdemeanor (other than a minor traffic violation); (ii) a member, associate, affiliate, instrument of, or in any way, directly or indirectly, knowingly involved with organized crime or persons associated with organized crime, (iii) disbarred, had an application for a license rejected, or suspended for more than one year, or had a license revoked, with respect to the practice of law, accounting or medicine, or in connection with the sale of securities; (iv) the subject of an enforcement action by the US Securities and Exchange Commission, NASD or FINRA.

assistant: Representations
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: prices are liable to change at any time , but changes will not affect orders in respect of which you have been presented with the confirmation email , save in the case of an obvious pricing mistake , whereby we will notify you as soon as we can about the pricing issue .

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 execution, delivery and performance by each Credit Party of the Operative Documents to which it is a party are within its powers, have been duly authorized by all necessary action pursuant to its Organizational Documents, require no further action by or in respect of, or filing with, any Governmental Authority and do not violate, conflict with or cause a breach or a default under (a) any Law applicable to any Credit Party or any of the Organizational Documents of any Credit Party, or (b) any agreement or instrument binding upon it.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any dividend or other distribution (whether in the form of cash, Shares, other securities or other property), recapitalization, stock split, reverse stock split, reorganization, merger, consolidation, split-up, spin-off, combination, repurchase or exchange of Shares or other securities of the Company, issuance of warrants or other rights to purchase Shares or other securities of the Company or other similar corporate transaction or event affects the Shares such that an adjustment is required to prevent dilution or enlargement of the benefits or potential benefits intended to be made available under the Option, then the Committee shall, in such manner as it may deem equitable, adjust any or all of: (a) the number and type of Shares (or other securities or other property) that thereafter may be made the subject of the Option; and (b) the purchase or exercise price of the Option.

assistant: Adjustments
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: its discretion in sanctioning Wilson for his bad faith in violating the past orders. Moreover, the Sandifer III sanction is appropriate in scope. “[T]he sanctioning court must use the least restrictive sanction necessary to deter the inappropriate behavior.” In re First City Bancorporation of Tex. Inc., 282 F.3d 864, 867 (5th Cir.2002). Here, the district court had already sanctioned Wilson in Sandifer II for violating a previous order by striking Wilson as counsel of record for Sandifer II. Because striking Wilson as counsel was not sufficient to deter Wilson from violating the district court’s orders, the court did not abuse its discretion in imposing an additional monetary sanction of $1,000 when Wilson undertook similar behavior in Sandifer III. See Bancorporation, 282 F.3d at 867 (<HOLDING>). Moreover, considering Wilson attempted to Options: A. holding juvenile court properly found four colorado department of institutions officials in contempt of court for refusing to accept a juvenile committed to a receiving center and did not abuse its discretion in imposing fines as a sanction B. holding state action comparable even though it did not seek monetary sanction C. holding that trial court did not abuse its discretion in admitting a transcript of a recording even though defense counsel did not stipulate to its accuracy D. holding that the bankruptcy court did not abuse its discretion in imposing a monetary sanction of 25000 after counsel disregarded the courts previous admonishments E. holding that the bankruptcy court did not abuse its discretion in denying the petitioners motion to dismiss under 11 usc 707a

assistant: The best answer is D. holding that the bankruptcy court did not abuse its discretion in imposing a monetary sanction of 25000 after counsel disregarded the courts previous admonishments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date of this Agreement, the authorized capital stock of the Acquiring Company consists of 75,000,000 shares, comprised of 5,000,000 shares of no par value preferred stock, none of which are issued or outstanding; and 70,000,000 shares of no par value common stock, of which 15,109,993 shares are issued and outstanding .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to arbitrate is not as broad and expansive as defendants contend. Although I recognize that generally agreements to arbitrate should be broadly construed to effectuate the purpose behind the Federal Arbitration Act, 9 U.S.C. § 1, et seq., nevertheless, the parties can only be compelled to arbitrate a dispute if in fact they agreed to do so. The necessary inquiry then is whether in fact the parties before the court agreed to arbitrate the dispute contained in this lawsuit. See Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior University, 489 U.S. 468, 478, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989) (“the FAA does not require parties to arbitrate when they have not agreed to do so”); State of N.Y. v. Oneida Indian Nation of New York, 90 F.3d 58, 62 (2d. Cir.1996) (<HOLDING>); see also Oldroyd v. Elmira Savings Bank, Options: A. holding that claim was not subject to mandatory arbi tration because the parties specifically excluded it from the general arbitration clause B. holding that whether in federal or state court a challenge to the validity of the contract as a whole and not specifically to the arbitration clause within it must go to the arbitrator and not the court C. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract D. holding that a mandatory arbitration clause does not preclude litigating a federal statutory claim E. holding that the analogy to arbi tration agreement is not persuasive in part because the principal feature of an arbitration agreement is that the contracting parties agree they will not submit their controversy to a court of law in the first instance

assistant: The best answer is A. holding that claim was not subject to mandatory arbi tration because the parties specifically excluded it from the general arbitration clause
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: “inured directly and materially to the benefit of the Notehold-ers.” The Court concludes that the services performed by WTC and its attorneys in this category that provided a benefit only for the Noteholders are not compensable as an administrative claim. To the extent WTC performed services at the request of the Committee, however, WTC did make a substantial contribution to the case. Fees in the amount of $57,593 for this category will be allowed as an administrative claim under section 503(b)(3)(D) and 503(b)(4). c. Committee/'General WTC incurred the bulk of its fees in the Committee/General category. Routine activities of a Committee member do not rise to the level of .a substantial contribution. See, e.g., In re Columbia Gas Sys., Inc., 224 B.R. 540, 548 (Bankr. D.Del.1998) (<HOLDING>); Granite Partners, 213 B.R. at 445 (holding Options: A. holding that a bankruptcy courts decision to convert or dismiss a chapter 11 case is a matter within its discretion B. holding that the good faith analysis for evaluating a chapter 11 petition and that in evaluating a chapter 11 plan are distinct C. holding in a case where a chapter 11 trustee was appointed after a period during which the debt or had operated as debtor in possession that a chapter 11 trustee has two years from the date of his appointment not from the commencement of the chapter 11 case to bring avoidance actions D. holding denial of motion to convert from chapter 11 to chapter 7 is interlocutory E. holding that expected or routine activities in a chapter 11 case do not constitute substantial contribution

assistant: The best answer is E. holding that expected or routine activities in a chapter 11 case do not constitute substantial contribution
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: further , hosts remain responsible and liable for their own acts and omissions , including , but not limited to , conduct that causes harm or damage to the co-host ( s ) .

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: for the employer/carrier to make alterations to the claimant’s home to accommodate a wheelchair); Navarro v. Sugarcane Growers Coop. & Prof'l Adm’rs, Inc., 661 So.2d 946, 946-47 (Fla. 4th DCA 1995) (reversing the dismissal of a petition for rule nisi that sought enforcement of an order authorizing treatment from a licensed massage therapist and a physician). On the other hand, orders providing for IMEs, as in Fonken and De La Pena, are nonfinal and cannot be enforced in rule nisi proceedings. IMEs are utilized when additional medical evidence is needed to determine whether claimants are entitled to benefits. Thus, an order providing for an IME would clearly not settle the claim that was being adjudicated. See, e.g., Kimmins Corp. v. Collier, 664 So.2d 299, 300 (Fla. 1st DCA 1995) (<HOLDING>). In the present case, the parties acknowledged Options: A. holding order was nonfinal where order reserved jurisdiction to determine integrallyrelated visitation and child support issues B. holding that an order that determines only the right to attorneys fees without setting the amount is a nonappealable nonfinal order C. holding that an order requiring an employercarrier to provide an ime is a nonfinal order for purposes of invoking appellate jurisdiction D. holding a motion for rehearing from an appealable nonfinal order is not authorized and thus does not toll the time for filing an appeal E. holding that an appellate court may not exercise pendent appellate jurisdiction to review a nonfinal district court order where the merits of the nonfinal order are not inextricably intertwined with the properly appealed collateral order or where review of the former is not necessary to ensure meaningful review of the latter

assistant: The best answer is C. holding that an order requiring an employercarrier to provide an ime is a nonfinal order for purposes of invoking appellate jurisdiction
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: 718 F.Supp. 906, 910 n. 1 (M.D.Fla.1989), affd, 914 F.2d 267 (11th Cir.1990). In this case, Defendant is the prevailing party. Consequently, Defendant is presumptively entitled to an award of costs. B. Specific Costs Sought In the pending Motion, Defendant seeks $1,179.00 in taxable costs. [D.E. 44], Although Plaintiff has failed to object to the costs set forth in Defendant’s Motion, the Court nonetheless reviews each category of the items sought in the Defendant’s Motion, and whether Defendant can properly receive monies for these categories of costs under the statute. 1. Fees for Service of Subpoena and Defendant’s Motion for Summary Judgment According to case law, “private process server fees may be taxed pursuant to §§ 1920(1) and 1921 [of the statute].” EEOC, 213 F.3d at 624 (<HOLDING>); see, e.g., Lovett v. KLLM, Inc., 2007 WL Options: A. holding that the costs of computerized research was a component of attorneys fees that cannot be independently taxed as an item of cost B. holding private process server fees may be taxed under 1920 C. holding the district court properly allowed guardian ad litem fees to be taxed as costs D. recognizing the supreme courts precept that district courts may decline to tax costs enumerated in 1920 but cannot award costs not enumerated under 1920 citing crawford fitting 482 us at 44245107 sct 2494 E. holding that 1920 does not authorize taxing mediation fees as costs

assistant: The best answer is B. holding private process server fees may be taxed under 1920
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: 14.2 the relationship between you and noe , in particular when acquiring digital products via the nintendo shopping services from noe , shall be governed by the laws of germany , to the exclusion of the un sales convention on contracts for the international sale of goods .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in trying all of the offenses together. The remedy for joinder which is permitted under Rule 8, but is prejudicial, is found in Rule 14 of the Federal Rules of Criminal Procedure. Rule 14 provides in relevant part: "If it appears that a defendant or the government is prejudiced by a joinder of offenses or of defendants in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires.” Fed.R.Crim.P. 14. The district court is in the best position to make, this determination. See Schaffer v. United States, 362 U.S. 511, 516, 80 S.Ct. 945, 948, 4 L.Ed.2d 921 (1960). 10 . See United States v. Eufrasio, 935 F.2d 553, 570 & n. 20 (3d Cir.) (<HOLDING>), cert. denied, - U.S. -, 112 S.Ct. 340, 116 Options: A. recognizing that other courts have applied rule 8b to cases involving multiple defendants but stating that it seems to us that contrary to the jurisprudence in other circuits when a joinder of offenses charged against the same defendant is challenged the literal meaning of the rule 8 requires application of rule 8a irrespective of whether multiple defendants are involved in the case B. holding that when there are multiple defendants rule 9b requires that a plaintiff allege facts specifying each defendants contribution to the fraud C. recognizing rule D. recognizing district court application of the same rule E. recognizing the same rule in texas courts

assistant: The best answer is A. recognizing that other courts have applied rule 8b to cases involving multiple defendants but stating that it seems to us that contrary to the jurisprudence in other circuits when a joinder of offenses charged against the same defendant is challenged the literal meaning of the rule 8 requires application of rule 8a irrespective of whether multiple defendants are involved in the case
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 Borrower shall pay such fees to the Administrative Agent, for its own account and for the benefit of the Lenders providing such Incremental Increase, as are agreed mutually at the time such Incremental Increase is established.

assistant: Fees