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: 90 N.E.2d at 361, that the disqualification provisions “render ineligible for benefits the employees of a separate department of an employer’s business when a labor dispute between such employees and the employer has caused a work stoppage which resulted in a curtailment or complete stoppage of work in such department.” The New York Supreme Court, Appellate Division, has followed this limited definition of premises or, in their statute, “establishment,” consistently. See In re Falco-Ward, 129 A.D.2d 929, 930, 514 N.Y.S.2d 568, 569 (1987); DiLella v. Levine, 48 A.D.2d 91, 93, 368 N.Y.S.2d 300, 302 (1975); Machcinski v. Ford Motor Co., 277 A.D. 634, 643, 102 N.Y.S.2d 208, 216 (1951). See also George Hunt Constr. Co. v. Florida Dep’t of Commerce, 271 So.2d 19, 20 (Fla.Dist.Ct.App.1972) (<HOLDING>); Snook v. International Harvester Co., 276 Options: A. holding that one of the employers many construction sites constituted an establishment B. holding that establishment of christmas day as legal public holiday did not violate establishment clause C. holding no violation of federal establishment clause D. holding that the establishment of a prima facie case and evidence casting doubt on the veracity of the employers explanation is sufficient to find liability E. holding that rluipa violates establishment clause

assistant: The best answer is A. holding that one of the employers many construction sites constituted an establishment
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: personal property. 1 . "Sovereign immunity” and "governmental immunity” are sometimes treated as interchangeable terms. See Reata Constr. Corp. v. City of Dallas, 197 S.W.3d 371, 374 n. 1 (Tex.2006) (op. on reh’g). Sovereign immunity is available to the state and its agencies, and governmental immunity is available to political subdivisions. Harris County v. Sykes, 136 S.W.3d 635, 638 (Tex.2004). 2 . King filed an untimely response to the summary-judgment motion four days before the hearing. Because there is no basis in the record to conclude 1675401, *3-4 (Tex.App.-Houston [14th Dist.] June 20, 2006, no pet.) (mem.op.) (finding no waiver of immunity for failure to make timely use of medical diagnostic tools). 6 . Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540, 543 (Tex.2003) (<HOLDING>); see also Univ. of Tex. Health Sci. Ctr. v. Options: A. holding that the doctrine of sovereign immunity barred a claim for money damages against the librarian of congress in his official capacity because immunity had not been waived and the exceptions to immunity did not apply B. recognizing that immunity may be waived C. holding that as a general rule interlocutory trial court orders rejecting defenses of common law sovereign immunity governmental immunity public official immunity statutory immunity or any other type of immunity are not appealable under the maryland collateral order doctrine D. holding that immunity was not waived for bus drivers alleged failure to supervise the public E. holding that a claim that sovereign immunity has been waived is itself waived if not argued on appeal

assistant: The best answer is D. holding that immunity was not waived for bus drivers alleged failure to supervise the public
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: through its subsidiary. (3) unjust loss or injury to a claimant, such as when the subsidiary is insolvent. Id. at 454. A mere instrumentality finding is rare. Id. Federated Title, 538 So.2d at 891. The circuit court made no finding, and there has been no evidence presented to support such finding, that AIG and National Union fit into any of the three categories in Federated Title to deem National Union a “mere instrumentality” of AIG or an entity interchangeable with AIG. Also, even though the premium payments under the agreement were to be remitted to AIG in New Jersey, that fact is insufficient to sustain Cornerstone’s argument that the parent and subsidiary are one and the same. See Nat’l Indem. Co. of the South v. Consol. Ins. Servs., 778 So.2d 404, 408 (Fla. 4th DCA 2001) (<HOLDING>). We further agree with AIG’s reasoning that, Options: A. holding that defendant was not an agent because alleged principal did not control means by which the defendants accomplished their duties B. holding that the lack of evidence of the alleged principals control over the alleged agent precludes the finding of an agency relationship C. holding plaintiffs payment of a renewal premium to the alleged agent did not establish an apparent agency D. holding that it is the principals conduct attitude and knowledge that determines whether an agent had apparent authority E. holding that plea agreement with drug enforcement agency agent not enforceable when agent was not authorized by united states attorney to enter agreement

assistant: The best answer is C. holding plaintiffs payment of a renewal premium to the alleged agent did not establish an apparent agency
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 Quintiles Shareholder agrees (a) to hold any non-public information regarding this Agreement and the Merger in strict confidence and (b) except as required by Law or legal process not to divulge any such non-public information to any third Person; provided, however, that each Quintiles Shareholder may disclose non-public information to its financial advisors, legal counsel and other representatives, in each case, so long as such Person is bound by a customary confidentiality agreement or otherwise subject to comparable confidentiality obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for PFG whether removing New Mexico PERA and Central States from PFG would be a possible solution. Counsel for PFG answered in the affirmative. Transcript of Oral Argument at 55. A group vying for lead plaintiff status does not necessarily rise and fall as a group. Segmentation is a viable remedy and finds support in the case law. In re Surebeam Corp. Sec. Litig., No. 03CV 1721, 2003 U.S. Dist. LEXIS 25022, at *23 (S.D.Cal. Jan. 5, 2004). There, the court found one member of the presumptive lead plaintiff, FMC Pension Group, inadequate because of its securities industry misconduct. The court explained that it had the authority to “break apart a proposed group in search of the most adequate lead plaintiff.” Id.; see also Newman v. Eagle Bldg. Tech., 209 F.R.D. 499, 505 (S.D.Fla.2002) (<HOLDING>); In re Razorfish, Inc. Sec. Lit, 143 F.Supp.2d Options: A. holding that because the spd at issue stated that it is made part of the group policy its terms were sufficient to find that the plan conferred discretion on the plan administrator B. holding that one members inadequacy is not imputed to the rest of the group noting that the remainder of the group still claimed a financial interest of well over 1 million C. holding one of the trustees duties is to investigate the financial affairs of the debtor D. holding that it is wrong to assume a financial conflict of interest from the fact that the plan administrator is also the insurer E. recognizing that the primary issue to be considered in whether the representative parties will fairly and adequately protect the interest of the class is a determination of whether any antagonism exists between the interests of the plaintiffs and those of the remainder of the class

assistant: The best answer is B. holding that one members inadequacy is not imputed to the rest of the group noting that the remainder of the group still claimed a financial interest of well over 1 million
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: instagram reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you , and you will not in any event settle any claim without the prior written consent of instagram .

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: Executive shall devote a substantial majority of his business time, attention, skill, and effort to the performance of his duties under this Agreement. Executive may, to the extent such activities do not impair the performance of his duties to Playa Management or the Playa Affiliates: (i) engage in personal investments and charitable, professional, and civic activities; (ii) serve on boards of directors (or other governing bodies) of non-competitive corporations (or other entities) other than Playa Management and the Playa Affiliates; and (iii) engage in such additional activities and serve on such additional boards of directors (or other governing bodies) as the Board of Directors of Playa Management (“ Playa Management Board ”) shall approve; provided , however , that Executive shall resign promptly from any additional boards of directors (or other governing bodies) if directed to do so by the Playa Management Board or the Board of Directors of Playa Hotels & Resorts, B.V. (the “ Playa Board ”) in its sole and absolute discretion. Executive shall not serve on the board of directors (or other governing body) of any corporation (or any other entity) that engages in activities in competition with those of Playa Management or the Playa Affiliates. Executive shall perform his duties to the best of his ability, shall adhere to Playa Management’s published policies and procedures, and shall use his best efforts to promote the interests, reputation, business, and welfare of Playa Management.

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: a purchase money loan, meaning they obtained it to acquire their property on Corey Drive. However, the purchase money loan does not form the basis of the Millers’ complaint; rather, the Millers’ DTPA claim against BAC is based entirely on their attempted modification of that loan. Such modification is akin to refinancing in that it is not sought for the acquisition of a good or service, but rather to finance an existing loan on previously acquired property. See Ayers v. Aurora Loan Servs., LLC, 787 F.Supp.2d 451, 455 (E.D.Tex.2011) (“[A] modification of an existing loan ... is analogous to refinancing services. Refinancing is simply an extension of credit that does not qualify Plaintiff as a consumer.” (citations omitted)); Fix v. Flagstar Bank, FSB, 242 S.W.3d 147, 160 (Tex.App.2007) (<HOLDING>). As in Ayers, “[h]ere, the alleged loan Options: A. holding that plaintiffs lack standing because the court cannot issue the requested writ of mandamus and thus cannot redress the alleged injury B. holding that an implied warranty to perform services in a good and workmanlike manner is an action available under the dtpa and is subject to the twoyear limitations provided by the dtpa C. holding that the refinance cannot qualify as a good or service under the dtpa because the plaintiffs had already purchased their house and thus the refinance merely extended credit citation omitted D. holding that service was proper where a copy of the summons and complaint was left with the defendants wife at the defendants maryland house in which the defendant had lived before moving ahead of his family to arizona where he had purchased a house intending never to return to maryland and to move his family to arizona noting that the service was sufficient to satisfy the requirements of service at the defendants dwelling house or usual place of abode where the service succeeded in actually apprising him of the lawsuit E. holding statute of limitations for dtpa action including claim for breach of express or implied warranty under the dtpa is two years

assistant: The best answer is C. holding that the refinance cannot qualify as a good or service under the dtpa because the plaintiffs had already purchased their house and thus the refinance merely extended credit citation omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, Executive shall be eligible to participate in employee benefit plans, programs and arrangements (including perquisite and fringe benefit arrangements) maintained for executives of the Company (including standard health and welfare benefits and a 401(k) plan), consistent with the terms thereof, and as such plans, programs and arrangements may be amended from time to time. In no event shall Executive be eligible to participate in any severance plan or program of the Company, except as set forth in Section 4 of this Agreement. During the Term, Executive shall be entitled to four (4) weeks paid vacation per year in accordance with the Company’s Policies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower, the Agent and each Lender hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any suit, action or proceeding arising out of or relating to this Amendment, the other Loan Documents or the transactions contemplated hereby or thereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to this hypothetical contract, the actual contract at issue here does not seek to directly penalize Miller for his sexual preference. Rather, it seeks to directly penalize Miller for his business competition with DeMuth in violation of Miller’s written promise not to compete. Thus, court enforcement of this covenant not to compete does not lend direct support or give direct effect to a private bias. According to Palmore, a court also cannot indirectly support or give effect to a private bias. Id. This area of indirect support is a delicate one, however, as it was not the intention of the Supreme Court to convert all private actions into state actions based solely on judicial enforcement of a private contract. See Luria Brothers and Company v. Allen, 672 F.2d 347, 354 (3rd Cir.1982) (<HOLDING>) (citing Flagg Bros., Inc. v. Brooks, 436 U.S. Options: A. holding that when a statute includes a specific enforcement provision an additional private cause of action based upon the statute cannot be judicially inferred B. holding that judicial enforcement of a contract cannot convert what would otherwise be a private matter into state action C. holding that a private right of action exists D. recognizing private right of action E. holding that a state law cannot be applied where its application would defeat an otherwise meritorious maritime cause of action

assistant: The best answer is B. holding that judicial enforcement of a contract cannot convert what would otherwise be a private matter into state action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.3d 1294, 1296 (11th Cir.2008) (“[T]he filing of a superseding indictment does not reset the speedy-atrial clock for offenses charged, or required to be joined with those charged, in the original indictment.”); United States v. Marshall, 935 F.2d 1298, 1302 (D.C.Cir.1991) (“As a general rule, the filing of a superseding indictment does not affect the speedy trial timetable for offenses either charged in the original indictment or required under double jeopardy principles to be joined with such charges.”); United States v. Thomas, 788 F.2d 1250, 1258 (7th Cir.1986) (“The superseding indictment does not affect the running of the time on the three charges that were in the original indictment as well as the superseding indictment.”); United States v. Berry, 90 F.3d 148, 151 (6th Cir.1996) (<HOLDING>). Rather than restarting the speedy trial Options: A. holding that when first indictment was filed within the thirtyday period there is no speedy trial act violation when a subsequent indictment repeating one charge from the initial indictment and adding other counts is filed outside the thirtyday window B. holding that even if the calculation commenced on the date of the first indictment the defendants right to a speedy trial was not violated C. holding that a subsequent indictment does not restart the thirtyday speedy trial clock but rather tolled it when the original indictment was dismissed the thirtyday period again continued to run it did not begin anew the second indictment was then filed before the thirtyday period expired therefore the filing of the second indictment even though filed after thirty days following defendants arrest did not violate his rights under the speedy trial act D. holding initial indictment which was subsequently found to be invalid tolled the thirtyday period and superseding indictment alleging different charges based on same fraudulent acts as earlier indictment was therefore timely E. holding that when initial indictment was filed within the thirtyday period a superseding indictment filed outside the thirtyday window which did not change the original charges did not violate the speedy trial act

assistant: The best answer is C. holding that a subsequent indictment does not restart the thirtyday speedy trial clock but rather tolled it when the original indictment was dismissed the thirtyday period again continued to run it did not begin anew the second indictment was then filed before the thirtyday period expired therefore the filing of the second indictment even though filed after thirty days following defendants arrest did not violate his rights under the speedy trial act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All amounts payable pursuant to this Agreement are subject to applicable tax withholdings. In addition, you are solely responsible for all taxes that may result from your receipt of the amounts payable and benefits to be provided to you under this Agreement, and neither the Company nor any of its affiliates makes or has made any representation, warranty or guarantee of any federal, state or local tax consequences to you of your receipt of any payment or benefit hereunder, including, but not limited to, under section 409A of the Internal Revenue Code of 1986, as amended.

assistant: Tax Withholdings
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 First Data and First Data Hardware hereby agrees to do, at First Data Hardware’s expense, all such things and execute all such documents and instruments and authorize and file all such financing statements and financing statement amendments, in each case, as the Administrative Agent or the Company may reasonably consider necessary or desirable to give full effect to the transaction contemplated by this Amendment and the documents, instruments and agreements executed in connection herewith and therewith.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be amended from time to time by a written amendment duly executed and delivered by the parties hereto, with the written consent of the Owner Trustee but without the consent of the Securityholders, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of the Securityholders; provided, that such amendment will not materially and adversely affect any Noteholder. An amendment shall be deemed not to materially and adversely affect the Noteholders if (i) the Rating Agency Condition is satisfied with respect to such amendment, or (ii) the Administrative Agent or the Depositor delivers an Officer’s Certificate to the Indenture Trustee stating that such amendment will not materially and adversely affect the Noteholders. This Agreement may also be amended by the parties hereto with the written consent of the Owner Trustee and (a) the holders of Notes evidencing at least a majority of the Outstanding Amount, or (b) in the case of any amendment that does not materially and adversely affect the Noteholders, the holders of Trust Certificates evidencing at least a majority of the Certificate Balance, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of Securityholders; provided however, that no such amendment may (i) increase or reduce in any manner the amount of, or accelerate or delay the timing of, collections of payments on the 2016-B Leases or distributions that are required to be made for the benefit of the Securityholders, or (ii) reduce the aforesaid percentage of the holders of Notes and Trust Certificates which are required to consent to any such amendment, without the consent of the holders of all outstanding Notes and Trust Certificates. Notwithstanding the foregoing, the Administrative Agent may not amend this Agreement without the permission of the Depositor, which permission shall not be unreasonably withheld.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an action with prejudice based upon the parties’ stipulation, unlike a judgment imposed at the end of an adversarial proceeding, receives its legitimizing force from the fact that the parties consented to it.” Id. 2 . In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), the Eleventh Circuit adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to the close of business on September 30, 1981. 3 . The court notes that the plaintiff participated in the arbitration proceeding through its conclusion, while represented by counsel, without ever challenging the manner in which the arbitrator was selected and thus waived his right to do so in subsequent proceedings. See, e.g., Brook v. Peak Int’l, Ltd., 294 F.3d 668, 673-74 (2002) (<HOLDING>); Own Capital, L.L.C. v. Johnny's Enters., Options: A. holding that the failure to object to an instruction constitutes a waiver of error B. holding that the failure to object to a defect in the arbitrator selection process constituted a waiver C. holding that even though statute did not provide for attorneys fees against county its failure to object constituted waiver D. holding that where defendant failed to object to facts in psi relating to prior conviction the failure to object constituted an admission E. holding that the failure to object to a trial courts instruction constitutes waiver

assistant: The best answer is B. holding that the failure to object to a defect in the arbitrator selection process constituted a waiver
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: court for a new trial. 1 . At the time of die offense at issue in Üiis case, HRS § 707-716(l)(e) (Supp.2007) stated, "[a] person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening ... [w]ith the use of a dangerous instrument.” 2 . HRS § 707-720(l)(e) (2014) states, as it did at the time of the offense, "[a] person commits the offense of kidnapping if the person intentionally or knowingly restrains another person with intent to ... [terrorize that person or a third person[.]” 3 . The Honorable Randal K.O. Lee presided over the hearing and over all other circuit court proceedings discussed herein. The Honorable Randal K.O. Lee also presided over Nofoa’s murder trial. 4 . The Honorable Leslie Hayashi pre , 1302-03 (1986) (<HOLDING>). 8 . " 'We review questions of constitutional Options: A. holding harmless an inadmissible comment as prejudicial effect was removed by district courts curative instruction B. holding instruction to jury that counsels arguments were not evidence did not negatej the prejudicial effect of the prosecutors inflammatory comments C. holding that an attorneys arguments are not evidence D. holding that allegedly inflammatory and prejudicial arguments by one defendants counsel did not have an impermissible effect on the trial of another defendant E. holding prejudicial effect of prosecutors comment not rendered harmless by courts general instruction that the arguments of counsel are not evidence

assistant: The best answer is E. holding prejudicial effect of prosecutors comment not rendered harmless by courts general instruction that the arguments of counsel are not 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: Except as provided below, a Stock Option may only be exercised while the Grantee is employed by the Company or a subsidiary of the Company or is serving as a Non-Employee Director or a Consultant of the Company or a subsidiary of the Company.

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 Agreement (including the Exhibits hereto), together with the Transaction Documents and the disclosure schedule referenced in Section 2.1, constitutes the entire agreement, and supersedes all other prior agreements, understandings, representations and warranties, both written and oral, among the parties, with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In United States v. Hernandez-Garcia, 442 Fed.Appx. 136, 137 (5th Cir. 2011) (per curiam), the district court found the defendant had not given truthful testimony at the sentencing hearing and had, therefore, obstructed justice. As a result, he was not entitled to a reduction of his sentence for acceptance of responsibility. We agreed, reasoning that “[b]ecause Hernandez did not accept responsibility under the Guidelines, the condition triggering the Government’s obligation not to oppose Hernandez’ request for an adjustment was not fulfilled; the Government was, therefore, not in breach of the agreement by opposing his request for an acceptance-of-responsibility adjustment.” Id. (emphasis omitted); cf. United States v. Bell, 417 Fed.Appx. 420, 422 (5th Cir. 2011) (per curiam) (<HOLDING>). A contrary unpublished opinion, United States Options: A. holding that the defendant was denied wrongfully his right to crossexamine on the issue of whether the device was designed as a pipe bomb or as a firecracker and that the jury may have found reasonable doubt if that right was not denied B. holding that under 111 the defendants knowledge of the official status of the victim is generally irrelevant C. holding that where the proffered hearsay statement of the victim pertained to a memory of the previous days events and was offered solely for the purpose of proving such events such statement was not admissible under rule 8033 D. holding the same where the defendant offered exculpatory and irrelevant interpretations of transactions and events deflected responsibility denied or discounted relevant conduct portrayed himself as a victim of unfair government treatment and generally denied or minimized his culpability at the sentencing hearing E. holding that where the defendant pleaded guilty subsequently denied his guilt and attempted to withdraw his plea and then attempted to minimize the significance of his statements at sentencing by averring that he accepted responsibility for the amount that me and the government have agreed to and offering a statement accepting responsibility were insufficient to demonstrate acceptance of responsibility

assistant: The best answer is D. holding the same where the defendant offered exculpatory and irrelevant interpretations of transactions and events deflected responsibility denied or discounted relevant conduct portrayed himself as a victim of unfair government treatment and generally denied or minimized his culpability at the sentencing hearing
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: 381 U.S. 355 85 S.Ct. 1557 14 L.Ed.2d 681 Mardon R. WALKERv.GEORGIA. No. 1072. Supreme Court of the United States May 24, 1965 Jack Greenberg, James M. Nabrit III and Donald L. Hollowell, for petitioner. Lewis R. Slaton and Carter Goode, for respondent. On Petition for Writ of Certiorari to the Supreme Court of Georgia. PER CURIAM. 1 The petition for writ of certiorari is granted and the judgment is reversed. Hamm v. City of Rock Hill and Lupper v. State of Arkansas, 379 U.S. 306, 85 S.Ct. 384, 13 L.Ed.2d 300. 2 Mr. Justice STEWART would vacate the judgment and remand the case to the Supreme Court of Georgia for reconsideration in the light of supervening federal legislation, in accordance with the views expressed in his dissenting opinion in Hamm v. City of Rock Hill, 379 U.S. 306, 326, 85 S.Ct. 384, 396, 13 L.Ed.2d 300. 3 Mr. Justice BLACK, Mr. Justice HARLAN, and Mr. Justice WHITE would affirm the judgment of the Supreme Court of Georgia for the reasons stated in thier dissenting opinions in Hamm v. City of Rock Hill, 379 U.S. 306, 318, 322, 327, 85 S.Ct. 384, 392, 394, 397, 13 L.Ed.2d 300.

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: party to a suit for injunction to enforce the act “shall have the right to prosecute an appeal from the order of judgment of the Court.” (Ill. Rev. Stat. 1981, ch. 121V2, par. 137.11(E).) As the right is not conditioned on filing a motion to vacate, defendants would have this court hold that Rule 307(b) does not preclude review. Defendants’ argument must be rejected because it is the supreme court — not the legislature — which is empowered to make rules for interlocutory appeals to the appellate court. (Ill. Const. 1970, art. VI, sec. 6.) We decline to adopt an unconstitutional interpretation of section 11(E) and hold it to be consistent with Rule 307(b). (See People v. Phipps (1979), 79 Ill. App. 3d 532, 398 N.E.2d 650, rev’d on other grounds (1980), 83 Ill. 2d 87, 413 N.E.2d 1277 (<HOLDING>).) No motion to vacate was filed in this case, Options: A. holding that in a redistricting case the legislature has the initial responsibility to act but in the event the legislature fails to act the responsibility shifts to the state judiciary B. holding that the trial court exceeded its power in ordering the department of mental retardation and developmental disabilities to provide daycare services when those services were being eliminated because of staff reductions because ordering the department to implement specific facilities and programs is beyond the judicial function and exceeds the power of the courts C. holding that in a redistricting case the legislature has the initial responsibility to act but in the event the legislature fails to act the responsibili ty shifts to the state judiciary D. holding section 10b of the mental health and developmental disabilities confidentiality act unconstitutional as an attempt by the legislature to usurp the power of the judiciary E. recognizing the subpoena power of the judiciary

assistant: The best answer is D. holding section 10b of the mental health and developmental disabilities confidentiality act unconstitutional as an attempt by the legislature to usurp the power of the judiciary
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand and agree that your express acceptance of the terms or your use of the software , products and/or skype websites after the date of publication shall constitute your agreement to the updated terms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All real estate taxes, charges, and assessments affecting the Property (collectively, “ Taxes ”) shall be prorated on a per diem basis as of the Pro Ration Date, applying any discount for early payment applicable as of the Pro Ration Date, and on the basis of the actual fiscal year for which such taxes are assessed, and Buyer shall assume liability for payment of Taxes accruing in the year in which Closing occurs. In the event that the amount of Taxes for the current year is unknown at Closing, the Taxes shall be prorated based on the mill rate for taxes assessed for the immediately preceding year, taking into account the current appraised value for the Property issued by the County Appraisal District, and Buyer shall notify Seller of any necessary adjustment to such proration within thirty (30) days when correct tax figures are known, and thereafter any necessary adjustments shall be made. Buyer hereby acknowledges and agrees that Seller has or may file appeals (the “ Appeals ”) with respect to the current fiscal year and also with respect to prior year(s) ad valorem property taxes applicable to the Property (the “ Appealed Taxes ”). Seller shall be entitled, in Seller’s sole discretion, to continue to pursue such Appeals after the Closing Date. In the event that any such Appeal is successful in reducing the amount of Appealed Taxes payable with respect to prior years, Seller shall be entitled to the full amount of any rebate, refund or reduction resulting from such Appeal. In the event that any such Appeal is successful in reducing the amount of Appealed Taxes payable with respect to the current fiscal year, Seller and Buyer shall prorate the net proceeds of any rebate, refund or reduction resulting from such Appeal relating to the current fiscal year, after payment of Seller’s third party costs incurred in connection with the Appeal. This provision shall expressly survive Closing and the recordation of the Deed.

assistant: Taxes
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 Participant’s rights in a Stock Award shall be forfeitable or otherwise restricted for such period of time, if any, or subject to such conditions as may be set forth in the Agreement. The period of restriction of a Stock Award granted to a Participant who is not an Outside Director shall be at least three years; provided , however , that the minimum period of restriction for such Participant shall be at least one year in the case of a Stock Award that will become transferable and nonforfeitable on account of the satisfaction of performance objectives prescribed by the Administrator.

assistant: Vesting
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: If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (a) such provision shall be excluded from this Agreement, (b) the balance of this Agreement shall be interpreted as if such provision were so excluded and (c) the balance of this Agreement shall be enforceable in accordance with its terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement by the Seller and the consummation by the Seller of the transactions contemplated hereby (including, without limitation, the sale of the Note to the Buyer) will not (i) conflict with or result in a violation of any provision of its certificate of formation or other organizational documents, or (ii) violate or conflict with or result in a breach of any provision of, or constitute a default (or an event which with notice or lapse of time or both could become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, note, bond, indenture or other instrument to which Seller are a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and regulations of any self-regulatory organizations to which Seller are subject) applicable to Seller or the Note is bound or affected. The Seller is not required to obtain any consent, authorization or order of, or make any filing or registration with, any court, governmental agency, regulatory agency, self-regulatory organization or stock market or any third party in order for it to execute, deliver or perform any of its obligations under this Agreement in accordance with the terms hereof.

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: The Plan is intended to comply with Section 409A and any regulations and guidance thereunder and shall be interpreted and operated in accordance with such intent. Notwithstanding anything to the contrary in the Plan, neither the Company, its affiliates, the Board, nor the Compensation Committee will have any obligation to take any action to prevent the assessment of any excise tax or penalty on any Participant under Section 409A, and neither the Company, its affiliates, the Board, nor the Compensation Committee will have any liability to any Participant for such tax or penalty. The laws of the State of Delaware shall govern all questions of law arising with respect to the Plan, without regard to the choice of law principles of any jurisdiction, except where the laws governing the Plan are preempted by the laws of the United States. The Plan is intended to be construed so that the participation in the Plan will be exempt from Section 16(b) of the Securities Exchange Act of 1934, as amended, pursuant to regulations and interpretations issued from time to time by the Securities and Exchange Commission. If any provision of the Plan is held to be illegal or void, such illegality or invalidity shall not affect the remaining provisions of the Plan, but shall be fully severable, and the Plan shall be construed and enforced as if the illegal or invalid provision had never been inserted. This document constitutes the entire Plan, and supersedes any prior oral or written agreements on the subject matter hereof.

assistant: Construction
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 Amendment No. 3 may be executed in any number of separate original counterparts and by the different parties on separate counterparts, each of which shall be deemed to be an original, but all of such counterparts shall together constitute one agreement. Delivery of an executed counterpart of a signature page to this Amendment No. 3 by facsimile, “pdf” or other form of electronic delivery shall be effective as delivery of a manually executed counterpart of this Amendment No. 3.

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: “public safety and welfare,” or to “effectuate public policy,” then the exception applies. On the other hand, if the purpose of the law relates “to the protection of the government’s pecuniary interest in the debtor’s property,” or to “adjudicate private rights,” then the exception is inapplicable, (citations omitted) The Court finds AmeriDebt’s arguments unpersuasive. The obvious purpose of the present action, indeed of the FTC Act itself, is protection of the public welfare and the effectuation of public policy respecting the credit counseling industry. Regardless of whether private rights of consumers may be adjudicated in some fashion, in this proceeding the FTC is operating on behalf of the public interest, not as a creditor seeking to assert its own pecuniary interest. See id. (<HOLDING>) Assuming the liability of Defendants is Options: A. holding that courts must distinguish between situations in which the state acts pursuant to its police power and situations in which the state acts merely to protect its status as a creditor B. holding that the missouri constitution reserves the power of referendum only to acts of the state legislative assembly and not to acts of a municipality C. holding that courts must accommodate the contracts clause with the inherent police power of the state to safeguard the vital interests of its people D. holding that a public corporation in that case a commission created to provide information about the tva is an entity separate from the state and its acts are not acts of the state within the meaning of the state constitutions prohibition against the state creating new debts E. holding as to the admissibility of prior bad acts that allegedly took place fourteen and twelve years before the acts alleged in that case that the lapse of time between the defendants sexual acts goes to the weight of the evidence not to its admissibility

assistant: The best answer is A. holding that courts must distinguish between situations in which the state acts pursuant to its police power and situations in which the state acts merely to protect its status as a creditor
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: Purchaser is a duly organized and validly existing entity in its jurisdiction of organization or formation and in good standing under the laws of the State of its jurisdiction of formation or organization, and is (or will be by each applicable Closing) qualified to do business and in good standing under the laws of the States where qualification is required.

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 case excerpt and choose the best holding from the options. Case excerpt: of Count I should be affirmed, I believe the district court’s reliance on Rooker-Feldman was misplaced because Dodson alleges injuries caused by UAMS — not injuries caused by a state-court judgment. I would affirm the district court judgment with regard to Count I under the state-law doctrines of res judicata and collateral estoppel. I concur in the majority’s remand as to Count II. I. Subject Matter Jurisdiction It is well established that lower federal courts lack subject matter jurisdiction over straightforward appeals from a state-court judgment even though they may otherwise be empowered to adjudicate the dispute; such appellate jurisdiction rests solely with the U.S. Supreme Court. D.C. Court of Appeals v. Feldman, 460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983) (<HOLDING>); Rooker v. Fid. Trust Co., 263 U.S. 413, 415, Options: A. holding that the federal district court had no subject matter jurisdiction to review the courts denial of a particular application for admission to the district of columbia bar B. holding that a federal district court lacked subject matter jurisdiction over a suit that effectively sought review of an indiana state courts decision C. holding that federal district court lacked subjectmatter jurisdiction to review the decision of a district of columbia high court determining application of a local rule to the case before it D. holding that district court lacked power to decide personal jurisdiction issue already decided by district of columbia superior court E. holding that the federal district court lacked subject matter jurisdiction to review plaintiffs complaint to the extent they sought review of the district of columbia court of appeals denial of their petitions

assistant: The best answer is E. holding that the federal district court lacked subject matter jurisdiction to review plaintiffs complaint to the extent they sought review of the district of columbia court of appeals denial of their petitions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no action, suit, proceeding, claim or investigation by any mediator, arbitrator or Governmental Entity pending or threatened in writing that is likely to impede Buyer’s ability to consummate the Transaction.

assistant: Litigations