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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts (any of which may be delivered by fax or electronic mail transmission), each of which will for all purposes be deemed to be an original and all of which will constitute the same instrument.

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: WHEREAS, in order for the Contractor to perform the work required under the Contract, it will be necessary for the State at times to provide the Contractor and the Contractor’s employees, agents, and subcontractors (collectively the “Contractor’s Personnel”) with access to certain information the State deems confidential information (the “Confidential Information”). 3. If the Contractor intends to disseminate any portion of the Confidential Information to non-employee agents who are assisting in the Contractor’s performance of the Contract or will otherwise have a role in performing any aspect of the Contract, the Contractor shall first obtain the written consent of the State to any such dissemination.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower has no Subsidiaries and owns no other Equity Interests in any Person, other than those specifically disclosed in Schedule 6.1(b), as supplemented from time to time by Borrower by written notice to Agent pursuant to §8.10, all of the outstanding Equity Interests in such Subsidiaries have been validly issued, are fully paid, and are owned in the amounts specified in Schedule 6.1(b), all such Equity Interests issued by any Restricted Subsidiary are free and clear of all Liens, other than Permitted Liens, and such Schedule 6.1(b) identifies each Subsidiary as either Restricted or Unrestricted.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not to call Morales, but the allegation that counsel failed to interview Morales after Vazquez informed his counsel that Morales had exculpatory information and was willing to testify on Vazquez’s behalf. “We have stated that failing to interview witnesses or discover mitigating evidence may be a basis for finding counsel ineffective within the meani L.Ed.2d 201 (1989). Vazquez has provided no affidavits or any other information supporting his claims to the court. The only information about what Morales’s potential testimony would have been is speculation on the part of Vazquez. Recognizing the deferential standard when reviewing the conduct of counsel, we decline to find prejudice in this situation when there is no evidence other than speculation to support the finding. See id. (<HOLDING>). Because Vazquez cannot satisfy both Options: A. holding that experts opinion that doctor performed surgeries in order to avoid financial losses due to insurance deductibles was nothing more than conjecture and speculation B. holding that grant of summary judgment is appropriate where the nonmoving party adduces nothing more than speculation to support its claims C. recognizing that in order to prevail on a claim of ineffective assistance of counsel a movant must show that he was prejudiced by his counsels performance D. holding that it would be improper for original trial counsel to raise the issue of his own alleged ineffectiveness in a posttrial habeas corpus case E. recognizing the general rule of avoiding excessive posttrial inquiry into actions of counsel at trial in order to avoid any chilling effect on attorneys willingness to serve and stating that nothing would encourage a proliferation of ineffectiveness of counsel claims more than to permit an accused to establish the prejudice prong of strickland on a showing of nothing more than speculation that he had been prejudiced by his counsels performance

assistant: The best answer is E. recognizing the general rule of avoiding excessive posttrial inquiry into actions of counsel at trial in order to avoid any chilling effect on attorneys willingness to serve and stating that nothing would encourage a proliferation of ineffectiveness of counsel claims more than to permit an accused to establish the prejudice prong of strickland on a showing of nothing more than speculation that he had been prejudiced by his counsels performance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Beginning on the Separation Date and for twelve (12) months thereafter, Executive agrees that Executive will reasonably cooperate with and assist the Company, its subsidiaries and affiliates, and any of their respective officers, directors, shareholders or employees: (A) concerning requests for information about the business of the Company or its subsidiaries or affiliates or Executive’s involvement and participation therein (including but not limited to requests and subpoenas to provide information or testimony); (B) in connection with any investigation or review by the Company or any federal, state or local regulatory, quasi-regulatory or self-governing authority as any such investigation or review relates to events or occurrences that transpired while Executive were employed by the Company; and (C) with respect to transition and succession matters. Executive’s cooperation shall include, but not be limited to (taking into account Executive’s personal and professional obligations, including those to any new employer or entity to which Executive provide services), being available to meet and speak with officers or employees of the Company and/or the Company’s counsel at reasonable times and locations, executing accurate and truthful documents and taking such other actions as may reasonably be requested by the Company and/or the Company’s counsel to effectuate the foregoing. Executive shall be entitled to reimbursement from the Company, upon receipt by the Company of suitable documentation, for reasonable and necessary travel and other expenses which Executive may incur on such matters at the specific request of the Company and as approved by the Company in advance and in accordance with its policies and procedures established from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the Knowledge of the Seller, the representations and warranties contained in this ARTICLE IV do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements and information contained in this ARTICLE IV not misleading.

assistant: Disclosures
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: deliveroo operates the challenge 25 age verification policy whereby customers who are lucky enough not to look 25 or over , will be asked to provide proof of age to show that they are aged 18 or over .

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: This Third Amendment may be executed by facsimile and in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. This Third Amendment shall be governed by, and construed in accordance with, the law of the State of New York.

assistant: Miscellaneous
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: 420, 112 S.Ct. 773. Note that because the Supreme Court stated that lien stripping would not be permitted in chapter 7 with an “allowed claim,” the implication arises that if the claim becomes disallowed, the lien can be stripped under Section 506(d). 22 . Id. at 418, 112 S.Ct. 773 (stating that the “liens ride through” principle was established before the passage of the 1978 Act, and existed under the Bankruptcy Act of 1898). The Supreme Court acknowledged that liens ride through bankruptcy in several cases. See Long v. Bullard, 117 U.S. 617, 6 S.Ct. 917, 29 L.Ed. 1004 (1886). Farrey v. Sanderfoot, 500 U.S. 291, 111 S.Ct. 1825, 114 L.Ed.2d 337 (1991); Johnson v. Home State Bank, 501 U.S. 78, 111 S.Ct. 2150, 115 L.Ed.2d 66 (1991). 23 . In re Shandrew, 210 B.R. 829 (Bankr. E.D.Cal.1997) (<HOLDING>); accord In re Nevería, 194 B.R. 547 Options: A. holding that an allowed wholly unsecured consensual junior lien may not be stripped off in a chapter 7 case B. holding that a wholly unsecured junior mortgage lien can be avoided under nobelman C. holding that a debtors right to strip off a wholly unsecured lien is conditioned on the debtors obtaining confirmation of and performing under a chapter 13 plan that meets all of the statutory requirements rather than on a debtors discharge D. holding that a wholly unsecured junior mortgage on chapter 13 debtors residence could not be stripped down into an unsecured claim by debtors plan E. holding that a socalled chapter 20 debtor may strip off a wholly unsecured junior lien

assistant: The best answer is D. holding that a wholly unsecured junior mortgage on chapter 13 debtors residence could not be stripped down into an unsecured claim by debtors plan
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the armbands because of its desire to avoid the controversy associated with the Vietnam War. Tinker, 393 U.S. at 510, 89 S.Ct. 733. School officials also feared that if the armbands were worn, the friends of a high school student in the district who had been killed in the Vietnam War would “be difficult to control” and that disagreeing students would wear armbands of other colors, causing the potential for conflict. Tinker, 393 U.S. at 509-10, n. 3, 89 S.Ct. 733. In rejecting the concerns of school officials as a basis for prohibiting sp eld the censorship of speech and expression by school officials when such activity has caused material and substantial disruption or collided with the rights of others. See, e.g., Scott v. Sch. Bd. of Alachua County, 324 F.3d 1246 (11th Cir.2003) (<HOLDING>); Blackwell, supra, 363 F.2d at 751-54 Options: A. holding that ban of confederate flags on school grounds was not an unconstitutional restriction of students first amendment rights where racial tensions existed at the school raciallybased fights had occurred in the months leading up to the case and the confederate flag is inappropriate in the school context because it is so associated with racial prejudice that it is likely to provoke feelings of hatred and ill will in others B. holding unconstitutional a free transfer provision by which students were allowed to transfer solely on a racial basis from the school to which they had been assigned by virtue of redistricting if they were in a racial minority in their new school C. holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea D. holding that where a high school student and the students mother received adequate notice of the charges had sufficient opportunity to prepare for the meeting with school personnel were accorded an orderly hearing and were given a fair and impartial decision no due process violation occurred even though the school failed to provide advance notice that the potential disciplinary actions included a transfer to another school E. holding that a school district was not liable for sexual molestation of plaintiffs daughter by a teacher even though the acts occurred on school property and during school hours

assistant: The best answer is A. holding that ban of confederate flags on school grounds was not an unconstitutional restriction of students first amendment rights where racial tensions existed at the school raciallybased fights had occurred in the months leading up to the case and the confederate flag is inappropriate in the school context because it is so associated with racial prejudice that it is likely to provoke feelings of hatred and ill will in others
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 use the proceeds of the Initial Term A Loans made on the Closing Date to finance a portion of the satisfaction and discharge of the First Lien Notes and to pay premiums, interest, fees and expenses associated with the foregoing and for other general corporate purposes. The Borrower shall use the proceeds of the Term A-1 Loans made on the First Amendment Effective Date to repay a portion of the outstanding principal amount of the Existing Term Loans and to pay premiums, interest, fees and expenses associated with the foregoing.

assistant: Use Of Proceeds
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 representations and warranties of the Company and the Investor contained in Sections 3 and 4, the agreements and covenants set forth in Sections 5 and 6, and the indemnification provisions set forth in Section 10 , shall survive until the termination of the Agreement.

assistant: Survival
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: “manipulative or deceptive” and provides that “it shall be unlawful ... to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.” 17 C.F.R. § 240.10b-5(b). To state a claim for securities fraud under Section 10(b) and Rule 10b-5, “a plaintiff must allege that the defendant knowingly or recklessly made a false or misleading statement of material fact in connection with the purchase or sale of a security, upon which plaintiff reasonably relied, proximately causing his injury.” Kowal v. MCI, 16 F.3d 1271, 1276 (D.C.Cir.1994) (footnote omitted); see Dura Pharm., Inc. v. Broudo, 544 U.S. 336, 341-342, 125 S.Ct. 1627, 161 L.Ed.2d 577 (2005) (<HOLDING>). A court may not dismiss a complaint under Options: A. holding that the basic elements of section 10b and rule 10b5 claims are 1 a material misrepresentation or omission 2 scienter ie a wrongful state of mind 3 a connection with the purchase or sale of a security 4 reliance often referred to in cases involving public securities markets fraudonthemarket cases as transaction causation 5 economic loss and 6 loss causation ie a causal connection between the material misrepresentation and the loss internal citations omitted B. holding that a plaintiff alleging securities fraud must show that a defendant 1 made a material misrepresentation or a material omission as to which he or she had a duty to speak 2 with scienter 3 in connection with the purchase or sale of securities C. holding that plaintiffs failed to plead loss causation where their only allegation was the payment of artificially inflated prices for defendants securities and their complaint failed to provide defendants with notice of what plaintiffs relevant economic loss might be or of what the causal connection might be between that loss and the alleged misrepresentation at issue D. holding breach of best execution duty is a material misrepresentation in connection with the purchase or sale of the securities E. holding that for a section 10b violation the sec must prove that the defendant in connection with the purchase or sale of securities made a materially false statement or omitted a material fact with scienter and that the plaintiffs reliance on the defendants action caused injury to the plaintiff

assistant: The best answer is A. holding that the basic elements of section 10b and rule 10b5 claims are 1 a material misrepresentation or omission 2 scienter ie a wrongful state of mind 3 a connection with the purchase or sale of a security 4 reliance often referred to in cases involving public securities markets fraudonthemarket cases as transaction causation 5 economic loss and 6 loss causation ie a causal connection between the material misrepresentation and the loss internal citations 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: Sellers acknowledge s and agree s that Buyer would be damaged irreparably in the event any provision of this Agreement is not performed in accordance with its specific terms or otherwise is breached, so that Buyer shall be entitled to injunctive relief to prevent breaches of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in addition to any other remedy to which Buyer may be entitled, at law or in equity. In particular, Sellers acknowledge that the Business of the Company is unique and recognize and affirm that in the event Sellers Breach this Agreement, money damages would be inadequate and Buyer would have no adequate remedy at law, so that Buyer shall have the right, in addition to any other rights and remedies existing in its favor, to enforce its rights and obligations hereunder not only by action for damages but also by action for specific performance, injunctive, and/or other equitable relief.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Equity Commitment Letter may not be assigned by Piceance without the prior written consent of Par (and any purported assignment without such consent will be null and void). Par may assign its commitments and agreements hereunder, in whole or in part, to any of its affiliates prior to the execution of Definitive Documentation. This Equity Commitment Letter may not be amended nor may any term or provision hereof or thereof waived or otherwise modified except by an instrument in writing signed by each of the parties hereto and any term or provision hereof or thereof may be amended or waived only by a written agreement executed and delivered by all parties hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a general interpretive aid to the visual record. It also provides a physical exempler of the suspect’s manner of speech at the time of arrest. A jury may use the quality of the suspect’s speech as evidence of his degree of intoxication. Ability to enunciate words clearly can be highly probative of loss of “normal use of mental or physical faculties,” which the State must prove under Art. 67011-1(a)(2)(A), V.T.C.S. Similarly, a test of ability to read aloud can be probative in the case of a literate suspect. As long as the suspect’s statements are not used for their truth but as circumstantial evidence from which the jury may infer the degree of intoxication, the attending officers could testify about the statements anyway. Miffleton v. State, 777 S.W.2d 76, 80 (Tex.Crim.App.1989) (<HOLDING>) If testimony about the statements would be Options: A. holding that visual depictions of a suspects appearance soon after arrest are admissible because officers could testify to the facts depicted B. holding that an officer may search a suspects vehicle incident to a lawful arrest C. holding that police officers have probable cause to arrest an individual with a sufficiently similar appearance to the description in a warrant D. holding that officers reasonable mistake as to a suspects identity entitled the officers to do what the law would have allowed had the correct suspect been arrested ie perform a search incident to arrest E. holding an agents false statements reckless because she was aware of the true facts surrounding the suspects arrest

assistant: The best answer is A. holding that visual depictions of a suspects appearance soon after arrest are admissible because officers could testify to the facts depicted
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: 112 S.Ct. at 2037, that general rule has no bearing in this case. First of all, the doctrine of reading statutes in pari materia only makes sense when the word or phrase being interpreted has acquired special, non-literal significance as a legal term of art. See Molzof v. United States, 502 U.S. 301, 307-09, 112 S.Ct. 711, 716, 116 L.Ed.2d 731 (1992) (quoting Morissette v. United States, 342 U.S. 246, 263-65, 72 S.Ct. 240, 250, 96 L.Ed. 288 (1952)). Appellants fail to identify any word or phrase in § 2713 which has become a legal term of art. If Appellants are suggesting that all claims presentation provisions should be interpreted consistent with CERCLA’s, then their argument flies in the face of clear precedent to the contrary. See Hallstrom, 493 U.S. at 28-31, 110 S.Ct. at 310-11 (<HOLDING>); National Envtl. Foundation v. ABC Rail Corp., Options: A. holding that clean water acts notice provision is a condition precedent to all claims B. holding that rcras notice provision is a condition precedent to all claims C. holding that a condition was precedent to performance because the contract language did not explicitly state that it was precedent to formation D. holding that compliance with analogous notice provision of the resource conservation and recovery act rcra was a mandatory condition precedent to suit E. holding that parol evidence is admissible to establish a condition precedent to the existence of a contract

assistant: The best answer is B. holding that rcras notice provision is a condition precedent to all claims
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 order to estab lish a manufacturing defect, the plaintiffs must prove that ‘the finished product deviates, in terms of its construction or quality, from the specifications or planned output in a manner that renders it unreasonably dangerous.’ ” (quoting Grinnell, 951 S.W.2d at 434)). 18 . See, e.g., Ridgway, 135 S.W.3d at 600. 19 . Restatement (Third) of Torts: Products Liability § 2(a) (1998); see also id. § 1 cmt. a ("A manufacturing defect is a physical departure from a product’s intended design.”). 20 . Cooper Tire, 204 S.W.3d at 807 (citing Tex. Civ. Prac. & Rem.Code § 82.005). 21 . See id. at 807. 22 . Nissan Motor Co. v. Armstrong, 145 S.W.3d 131, 137 (Tex.2004) (discussing Ridgway, 135 S.W.3d at 601). 23 . See Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 583 (Tex.2006) (<HOLDING>); Nissan Motor Co., 145 S.W.3d at 137 (holding, Options: A. holding that jurors do not need expert testimony on matters of common knowledge B. holding that expert testimony was required to establish causation in products liability case because a lay jurors general experience and common knowledge do not extend to whether design defects such as those alleged in this case caused releases of diesel fuel during a rollover accident C. holding that expert testimony should not be admitted as to a matter that is obviously within the common knowledge of jurors because such testimony almost by definition can be of no assistance D. holding that expert testimony is unnecessary where the case is not a case in which lay jurors would be unable to grasp the issues without expert assistance E. holding plaintiff in a defective design case failed to establish a prima facie case because plaintiffs expert identified an alternative design that was not feasible at the time of manufacture and thus failed to prove that defendants design was not state of the art

assistant: The best answer is B. holding that expert testimony was required to establish causation in products liability case because a lay jurors general experience and common knowledge do not extend to whether design defects such as those alleged in this case caused releases of diesel fuel during a rollover 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: seeking enforcement of the Recognition Agreement under Section 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a). Defendant contends that the NLRB has primary, if not exclusive, jurisdiction over disputes involving union representation. The instant case, however, involves a different question: whether the parties formed a binding contract. Although the Recognition Agreement, if found to be binding, may ultimately affect representation rights, the Union is not asking this Court to monitor implementation of that agreement. The Union is only asking for a ruling on the narrow issue of whether an agreement exists. The Court has jurisdiction over such disputes arising under § 301(a). See Smith v. Evening News Ass’n, 371 U.S. 195, 197-98, 83 S.Ct. 267, 269, 9 L.Ed.2d 246 (1962) (<HOLDING>). Defendant also argues that the Court lacks Options: A. holding that a federal district court may decide whether an activity is an unfair labor practice under the nlra when the matter is raised as a defense to a claim under an independent federal remedy over which the federal district courts do have jurisdiction B. holding that federal district courts have jurisdiction over violations of collective bargaining contracts even if such violations are also unfair labor practices subject to nlrb jurisdiction C. holding that gannon preemption does not constitute complete preemption for removal purposes because 7 and 8 of the nlra do not create jurisdiction in the federal district courts instead those provisions vest jurisdiction in the nlrb to determine unfair labor practices and state courts are as able to determine if jurisdiction belongs in the nlrb as are the federal district courts D. holding that congress referred claims under the labormanagement reporting and disclosures act not to the nlrb but to the federal courts even when the conduct at issue is also an arguably unfair labor practice E. holding that district courts do not have appellate jurisdiction over state courts

assistant: The best answer is B. holding that federal district courts have jurisdiction over violations of collective bargaining contracts even if such violations are also unfair labor practices subject to nlrb 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 legal provision and list the applicable contract clause categories. Provision: The Executive agrees that the covenants contained in Section 5 through Section 8 of this Agreement are of the essence of this Agreement; that each of the covenants is reasonable and necessary to protect the business, interests and properties of Park Sterling, and that irreparable loss and damage will be suffered by Park Sterling should the Executive breach any of the covenants. Therefore, the Executive agrees and consents that, in addition to all the remedies provided by law or in equity, Park Sterling shall be entitled to a temporary restraining order and temporary and permanent injunctions to prevent a breach or contemplated breach of any of the covenants. Furthermore, in addition to any other remedies, the Executive agrees that any violation of the covenants in Section 5 through Section 8 will result in the immediate forfeiture of any remaining payment that otherwise is or may become due under Section 4.2 or Section 4.3 , if applicable. The Executive further agrees that should the Executive breach any of the covenants contained in Section 5 through Section 8 of this Agreement, the Executive shall repay to Park Sterling a portion of any amounts previously received by the Executive pursuant to Section 4 . The amount to be repaid shall be equal to the aggregate amount payable (whether or not paid) multiplied by a fraction the numerator of which shall be twenty-four (24) minus the number of consecutive, full calendar months immediately following the Executive’s termination of employment during which the Executive was not in breach of Section 5 through Section 8 of this Agreement and the denominator of which is twenty-four (24). Park Sterling and the Executive agree that all remedies available to Park Sterling or the Executive, as applicable, shall be cumulative.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: expectations. 116 F.3d at 1078. Among the evidence presented was the custom of “throwing” rival gang signs: Gangs would identify themselves with hand gestures, and one’s response indicated whether he respected or “dissed” the other’s gang. Id. The evidence showed that members were expected to retaliate violently when “dissed” by other gang members. Id. Although the court acknowledged that VICAR does not criminalize “mere retaliation for ‘dissing’ an individual or social organization,” the nature of the organization, which relied on violence to secure its role in drug trafficking, meant that “a reasonable jury could find that violent retaliation for acts of disrespect promoted the goals of[the] illegal enterprise.” Id.; see also United States v. Tipton, 90 F.3d 861, 891 (4th Cir.1996) (<HOLDING>); Fiel, 35 F.3d at 1004-05 (holding that the Options: A. holding that the purpose element is satisfied where aversion to violent acts would invite trouble from other gang members B. holding that even though some of employees duties appeared to satisfy the directly related element the element was not satisfied where those duties were not part of his primary duty C. holding that the purpose element of vicar was satisfied where the enterprise expected affronts to gang members to be met with a violent response D. holding that the annual dollar value requirement of enterprise coverage is an element of the claim E. holding that the operation of a competitive business enterprise which was expected to provide a financial return that would be of benefit to the municipal corporation was proprietary

assistant: The best answer is C. holding that the purpose element of vicar was satisfied where the enterprise expected affronts to gang members to be met with a violent response
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 Purchaser makes the following representations and warranties for the benefit of each Seller, on which such Seller relies in Conveying Railcars, related Leases and Related Assets to the Purchaser hereunder. Such representations are made as of each applicable Delivery Date.

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 case excerpt and choose the best holding from the options. Case excerpt: - U.S. -, 114 S.Ct. 84, 126 L.Ed.2d 52 (1993); see also Talbott v. C.R. Bard, Inc., 63 F.3d 25, 30-31 (1st Cir.1995) (adopting analysis of district court, which held claims for negligent design, development, and manufacture preempted); Lewis v. Intermedics Intraocular, Inc., 56 F.3d 703, 708 (5th Cir.1995) (noting, in intraocular lens case, "[i]f plaintiffs' products liability claims for recovery due to the lenses' dangers are preempted, then it would seem ridiculous to say that a claim for failure to warn about these dangers could survive”); Mendes v. Medtronic, Inc., 18 F.3d 13, 18-19 (1st Cir.1994) (negligent failure to warn and negligent manufacturing claims preempted for Class III device not subject to PMA process); cf. Feldt v. Mentor Corp., 61 F.3d 431, 436 & n. 6 (5th Cir.1995) (<HOLDING>); Lohr, 56 F.3d at 1347-52 (11th Cir.1995) Options: A. holding with respect to class iii device not subject to pma process that negligent marketing and inadequate warning claims were preempted but defective design claim was not preempted because no fda design requirement existed B. holding that acts of improper maintenance were insufficient to defeat plaintiffs defective design claim C. holding that state claims for fraudulent submissions to the fda were preempted D. holding the state law claims were not preempted E. holding that plaintiffs negligence defective manufacturing defective design breach of warranty and failure to warn claims were preempted by the mda and fdca defined below

assistant: The best answer is A. holding with respect to class iii device not subject to pma process that negligent marketing and inadequate warning claims were preempted but defective design claim was not preempted because no fda design requirement existed
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: see also Howell v. New York Post, 81 N.Y.2d 115, 124, 596 N.Y.S.2d 350, 355, 612 N.E.2d 699 (1993). Under New York law, “[i]f a sale of a photograph for profit, which otherwise would be for trade purposes, is used in ‘reasonable connection’ with the publication of a ‘matter of public interest,’ ” both the sale and the subsequent “use” of the photograph are “privileged and constitute[ ] constitutionally protected free speech” and hence fall under the newsworthiness and public interest exceptions to Sections 50 and 51. Barrows v. Rozansky, 111 A.D.2d 105, 108, 489 N.Y.S.2d 481, 485 (1st Dep’t 1985) (quoting Davis v. High Society Magazine, 90 A.D.2d 374, 381, 457 N.Y.S.2d 308 (2d Dep’t 1982)); see also Costlow v. Cusimano, 34 A.D.2d 196, 197-98, 311 N.Y.S.2d 92, 93-94 (4th Dep’t 1970) (<HOLDING>). Put another way, where “a plaintiffs picture Options: A. holding that when the district court disposed of the adea claims the pendent claims became subject to dismissal for want of subject matter jurisdiction B. holding that the district court was not divested of subject matter jurisdiction upon the dismissal of the plaintiffs federal claims C. holding that photographers presentation for profit of photograph was insufficient basis for sections 50 and 51 claims where subject matter of photograph and accompanying article were within the area of legitimate public interest D. holding that a federal court may adjudicate claims for which there is no independent basis for subject matter jurisdiction if the nonjurisdictional claims are related to other claims for which the does have jurisdiction E. holding that the jones act provides an independent basis for subject matter jurisdiction

assistant: The best answer is C. holding that photographers presentation for profit of photograph was insufficient basis for sections 50 and 51 claims where subject matter of photograph and accompanying article were within the area of legitimate public interest
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 or any Affiliate, as applicable, shall have the right to (i) withhold from any cash payment under the Plan or any other compensation owed to a Participant an amount sufficient to cover any required withholding taxes related to the grant, vesting, exercise or settlement of an Award, and (ii) require a Participant or other person receiving Shares under the Plan to pay a cash amount sufficient to cover any required withholding taxes before actual receipt of those Shares. In lieu of all or any part of a cash payment from a person receiving Shares under the Plan, the Committee may permit the individual to cover all or any part of the required withholdings (up to the Participant's minimum required tax withholding rate) through a reduction in the number of Shares delivered or a delivery or tender to the Company of Shares held by the Participant or other person, in each case valued in the same manner as used in computing the withholding taxes under applicable laws.

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: Interest shall accrue on the outstanding Principal balance hereof at a rate equal to 8% per annum (“ Interest Rate ”). Interest shall be calculated on the basis of a 365-day year and the actual number of days elapsed, to the extent permitted by applicable law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent that the exercise of the Option results in the receipt of compensation by Participant with respect to which the Company or an Affiliate has a tax withholding obligation pursuant to applicable law, unless other arrangements have been made by Participant that are acceptable to the Company or such Affiliate for the satisfaction of such withholding obligations, Participant shall deliver to the Company or the Affiliate such amount of money as the Company or the Affiliate may require to meet its withholding obligations under such applicable law. If Participant fails to do so, the Company is authorized to withhold from any cash or Unit remuneration (including withholding any Units to be issued upon exercise of the Option) then or thereafter payable to Participant any tax required to be withheld by reason of such resulting compensation income. No Units shall be issued pursuant to this Agreement until Participant has paid or made arrangements approved by the Company or the Affiliate to satisfy in full the applicable tax withholding requirements of the Company or Affiliate with respect to such event.

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 case excerpt and choose the best holding from the options. Case excerpt: state court remedies with regard to a particular post-conviction application. See Bennett v. Artuz, 199 F.3d 116, 120 (2d Cir.1999). “[A] state-court petition is ‘pending from the time it is first filed until finally disposed of and further appellate review is unavailable under the particular state’s procedures.” Bennett v. Artuz, 199 F.3d 116, 120 (2d Cir.1999), aff'd by 531 U.S. 4, 121 S.Ct. 361, 148 L.Ed.2d 213 (2000). A pro se litigant is accorded “some degree of latitude” in meeting filing requirements. Brown v. Superintendent, 1998 U.S. Disk LEXIS 1936, No. 97 Civ. 3303, 1998 WL 75686, at *4 (S.D.N.Y. Feb.23, 1998). But “[it] has long been recognized that ignorance does not excuse lack of compliance with the law.” Velasquez v. United States, 4 F.Supp.2d 331, 334-35 (S.D.N.Y.1998) (<HOLDING>); see also Brown, 1998 WL 75686 at *4 Options: A. holding no court has jurisdiction to hear an untimely pcra petition B. holding that bureau of prisons failure to notify prisoners regarding aedpas time limitation did not warrant acceptance of untimely petition C. holding that plaintiffs failure to notify attorney of receipt of right to sue letter and failure to confirm that the attorney had received the letter did not warrant the application of equitable tolling D. holding that untimely petition for postconviction petition divests trial court of jurisdiction E. holding that the untimely petition in that case tolled the aedpa statute of limitations

assistant: The best answer is B. holding that bureau of prisons failure to notify prisoners regarding aedpas time limitation did not warrant acceptance of untimely petition
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: the right to use the number and the cancellation of such right rest with the skype manager administrator at his/her sole discretion and not you .

assistant: Unilateral termination
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 set forth in Section 4.7 , Buyer shall not and shall cause its Affiliates (including the Acquired Entities after the Closing) not to assert, by way of claim, litigation or otherwise, any right to any insurance policies of Seller or its Affiliates or any benefit thereunder. Seller and its Affiliates shall retain all right, title and interest under all such insurance policies.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from the Fijian military,” was “robbed repeatedly,” had his temple burned by Fijian soldiers, and Fijian soldiers attacked his home and destroyed his property while his wife was home alone. See id. Significantly, the attacks were linked by the fact that they were all carried out by a common entity, as opposed to random acts of violence that this court has characterized as the “common byproduct of civil unrest and economic turmoil.” See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004). The acts described by Kumar are closer to those in Gormley. Therefore, the evidence does not compel a finding of persecution. Nor did Kumar present evidence that would compel “any reasonable adjudicator” to find that he demonstrated a likelihood of future persecution. See Wakkary, 558 F.3d at 1061 (<HOLDING>). Because Kumar’s evidence did not compel a Options: A. holding that to show an objectively reasonable fear of future persecution an applicant must establish that he would be singled out for persecution or that there was a pattern or practice of persecution of similarlysituated individuals B. holding that personal disputes do not constitute persecution C. holding that evidence that is consistent with acts of private violence or that merely shows that a person has been the victim of criminal activity does not constitute evidence of persecution based on a statutorily protected ground D. holding that while widespread violence against a protected group by private individuals and public officials may constitute persecution widespread discrimination that may include persecution of some individuals does not compel such a finding E. holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution

assistant: The best answer is D. holding that while widespread violence against a protected group by private individuals and public officials may constitute persecution widespread discrimination that may include persecution of some individuals does not compel such a finding
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: states: “When the continued involuntary administration of [antipsychotic] medication is a clinical necessity, a clinical due process hearing should occur.” According to Green, the word “continued” implies an uninterrupted administration of medication from a previous emergency. Green’s interpretation is incorrect. The Policy sets forth two independent avenues for involuntary medication. A clinical emergency occurs when an inmate poses an imminent threat to himself or others, and immediate action is required. The Policy allows prison officials immediately to medicate the inmate, without a due process hearing (based on the opinion of a psychiatrist or a physician in conjunction with another mental health professional). See Hogan v. Carter, 85 F.3d 1113, 1117-18 (4th Cir.1996) (en banc) (<HOLDING>). According to Missouri’s Policy, once the Options: A. holding that the due process clause permits the state to treat a prison inmate with antipsychotic drugs against his will under certain circumstances while not limiting treatment to those circumstances B. holding that prisoners possess a significant liberty interest in avoiding the unwanted administration of antipsychotic drugs under the due process clause of the fourteenth amendment and identifying procedures which comported with due process C. holding that prison officials failure to accommodate inmates meal requirements during ramadan violated his free exercise rights D. holding that the due process clause permits the state to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest E. holding that harper allows prison officials to dispense with minimum due process requirements during emergencies in order to involuntarily administer antipsychotic drugs

assistant: The best answer is E. holding that harper allows prison officials to dispense with minimum due process requirements during emergencies in order to involuntarily administer antipsychotic drugs