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: to send the plaintiff its own verification of his debt. The plaintiff objected to the report’s conclusion that he did not plead his fraud claims properly, but, for the reasons already discussed, those objections lack merit. Schneiderman & Sherman objected to Judge Randon’s conclusion that the law firm violated the Fair Debt Collection Practices Act by failing to mail Mr. Lewis a debt validation letter. The defendant believes that the statute does not require a debt collector to mail a debt validation letter to a consumer if another debt collector previously mailed the consumer a letter validating the debt. District courts are divided on this question and the Sixth Circuit has yet to provide guidance. Compare Paris v. Steinberg & Steinberg, 828 F.Supp.2d 1212, 1221-22 (W.D.Wash.2011) (<HOLDING>) with Wright v. Ocwen Loan Servicing, LLC, Options: A. holding that the name under which a debt collector is licensed to do business is the debt collectors true name for purposes of the fdcpa B. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt C. holding that the notice requirement applies only to the first debt collector that communicates with the consumer D. holding that a debtor has primarily consumer debts if the aggregate amount of consumer debt is more than 50 of the total debt E. holding that the least sophisticated debtor standard applies to an allegation that a debt collector made a threat to take any action that cannot legally be taken

assistant: The best answer is C. holding that the notice requirement applies only to the first debt collector that communicates with the consumer
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 facts are called adjudicative facts. 2 Kenneth S. Brown, et al., McCormick on Evidence at 385. The Railroad Commission conducted a five day hearing where the parties were represented by counsel and witnesses testified to the circumstances concerning Heritage’s application to drill the 22-3 well. After the contested evidentiary proceeding, the Commission made its findings of fact and conclusions of law and executed a final order prohibiting the drilling of the 22-3 well. The final order and its accompanying PFD were duly published and are matters of public record. As such, the trial court erred in refusing to take judicial notice of the published order and PFD of the Railroad Commission. See Office of Pub. Util. Counsel v. Pub. Util. Comm’n of Texas, 878 S.W.2d 598, 600 (Tex.1994)(<HOLDING>) . However, because of the cumulative nature of Options: A. recognizing that the court may take judicial notice of its own docket B. holding court of appeals erred in refusing to take judicial notice of published puc order C. holding that the court of appeals erred by failing to take judicial notice of readily determinable facts contained in a published puc order D. holding that cjourts may take judicial notice of facts not subject to reasonable dispute E. holding that the court of appeals may not overrule modify or withdraw language from a previously published decision of the court of appeals

assistant: The best answer is C. holding that the court of appeals erred by failing to take judicial notice of readily determinable facts contained in a published puc order
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 intoxicated motorist. 598 N.E.2d at 634 n. 2. Jerry contends that his case goes beyond Hawn and the cases cited therein because the pleadings show that Shannon entered into a joint agreement with Candice, and this agreement ultimately resulted in activity that caused his injuries. Thus, he argues that Shannon went beyond the gratuitous undertakings described above. First, we note that this is not a case where a person tried to prevent an intoxicated driver from driving; indeed, it is a case where a person assisted the intoxicated in driving. Second, we note that others have held that gratuitous undertakings concerning drivers may result in liability to a party other than the one who injured the third party. See Cowart v. Grimaldi, 46 Conn.Supp. 248, 746 A.2d 833 (Conn.Super.1997) (<HOLDING>); see also, Claxton v. Hutton, 615 N.E.2d 471, Options: A. holding that a motion to strike was improper where defendant assisted a drunk minor in his negligence by driving the drunk minor to his car B. holding that convenience stores sale of beer to eighteenyearold was not cause in fact of drunk drivers fatal car accident because sale was to passenger and not to driver C. holding a reasonable officer could perceive a threat to his safety from a potentially drunk person acting erratically D. holding that the statute and the rule give a person suspected of drunk driving a right to contact his attorney prior to deciding whether or not to take a breathalyzer examination E. holding that south dakotas law requiring a person arrested for drunk driving to submit to a blood alcohol test or face having his refusal used against him did not violate the fifth amendment

assistant: The best answer is A. holding that a motion to strike was improper where defendant assisted a drunk minor in his negligence by driving the drunk minor to his car
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: made by Midland in its July 14, 1995, letter were true when made. In its July 14, 1995, letter, Midland stated that the monthly contribution for health insurance benefits “is” $41.67, and, according to the complaint, that is the amount Hardy paid monthly from the date of his retirement until January 1, 2000. The letter, which was attached to the complaint, did not state that Hardy’s health care insurance premium would never change or would not change until he was sixty-five. Moreover, the letter was not inconsistent with Midland’s official health care plan document, which Hardy received and which explicitly provided that Midland “reserve[d] the right to terminate, amend or modify the Plan for any reason, at any time.” See Weiner v. Klais and Co., Inc., 108 F.3d 86, 89 (6th Cir.1997) (<HOLDING>). The district court properly found Hardy’s Options: A. holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint B. holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity C. holding that district court may consider documents referred to in plaintiffs complaint and central to his claim D. holding court could consider a mortgage agreement not attached to the complaint in ruling on motion to dismiss because the complaint refers to the mortgage numerous times the mortgage is attached to this motion and is central to plaintiffs claims E. holding that a court ruling on a motion to dismiss may consider a document that is referenced in the complaint and is central to the plaintiffs claims

assistant: The best answer is E. holding that a court ruling on a motion to dismiss may consider a document that is referenced in the complaint and is central to the plaintiffs 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for the avoidance of doubt , only notices submitted under the digital millennium copyright act and the procedures set forth in this agreement should be sent to the designated agent at copyright@9gag.com or to the postal address identified above .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE BORROWER HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR STATE COURT SITTING IN NEW YORK, NEW YORK IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENTS AND THE BORROWER HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM. NOTHING HEREIN SHALL LIMIT THE RIGHT OF THE ADMINISTRATIVE AGENT, THE LC ISSUER OR ANY LENDER TO BRING PROCEEDINGS AGAINST THE BORROWER IN THE COURTS OF ANY OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY THE BORROWER AGAINST THE ADMINISTRATIVE AGENT, THE LC ISSUER OR ANY LENDER OR ANY AFFILIATE OF THE ADMINISTRATIVE AGENT, THE LC ISSUER OR ANY LENDER INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH ANY LOAN DOCUMENT SHALL BE BROUGHT ONLY IN A COURT IN NEW YORK, NEW YORK.

assistant: Consent To 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 Parties hereto intend and believe that each provision in this Agreement comports with all applicable Laws. If, however, any provision in this Agreement is found by a court of law to be in violation of any applicable Law or public policy, or if in any other respect such a court declares any such provision to be illegal, invalid, unlawful, void or unenforceable as written, then it is the intent of all Parties hereto that, consistent with and with a view towards preserving the economic and legal arrangements among the Parties hereto as expressed in this Agreement, such provision shall be given force and effect to the fullest possible extent, and that the remainder of this Agreement shall be construed as if such illegal, invalid, unlawful, void, or unenforceable provision were not contained herein, and that the rights, obligations, and interests of the Parties under the remainder of this Agreement shall continue in full force and effect.

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: To the Secured Parties in writing, promptly upon obtaining knowledge thereof, notice of any Litigation commenced or threatened in writing against the Borrower (excluding proofs of claim filed in the Case) that (i) seeks damages in excess of $5,000,000, (ii) seeks injunctive relief that could reasonably be expected to result in costs and/or liabilities or loss of revenues to the Borrower in excess of $5,000,000, (iii) is asserted or instituted against any Acceptable Plan of Reorganization, its fiduciaries or its assets or against the Borrower or ERISA Affiliate in connection with any Acceptable Plan of Reorganization, (iv) alleges criminal misconduct by the Borrower, or (v) alleges the violation of any law regarding, or seeks remedies in connection with, any Environmental Liabilities if such Litigation is reasonably likely to result in the Borrower incurring Environmental Liabilities in excess of $500,000 individually.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Seller and its Subsidiaries (a) is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization, (b) has the corporate or other power and authority, and the legal right, to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged, (c) is duly qualified as a foreign corporation or other entity and in good standing under the laws of each jurisdiction where its ownership, lease or operation of property or the conduct of its business requires such qualification and (d) is in compliance with all Requirements of Law, except to the extent that the failure of the foregoing clauses (a) and (b) (in each such case, only with respect to Subsidiaries of a Seller (other than the Buyer)), (c) and (d) to be true and correct could not, in the aggregate, reasonably be expected to have a Seller Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Lenders and each of the Issuing Lenders hereby irrevocably appoints the Administrative Agent as its agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The Administrative Agent shall also act as the “collateral agent” under the Loan Documents, and each of the Lenders (including each other holder of the Obligations) and the Issuing Lenders hereby irrevocably appoints and authorizes the Administrative Agent to act as the agent of such Lender and such Issuing Lender for purposes of acquiring, holding and enforcing any and all Liens on Collateral granted by any of the Obligors to secure any of the Obligations, together with such powers and discretion as are reasonably incidental thereto (including, without limitation, to enter into additional Loan Documents or supplements to existing Loan Documents on behalf of the Lenders). In this connection, the Administrative Agent, as “collateral agent” and any co-agents, sub-agents and attorneys-in-fact appointed by the Administrative Agent pursuant to this Article IX for purposes of holding or enforcing any Lien on the Collateral (or any portion thereof) granted under the Security Documents, or for exercising any rights and remedies thereunder at the direction of the Administrative Agent), shall be entitled to the benefits of all provisions of Articles IX and X (including Section 10.03 , as though such co-agents, sub-agents and attorneys-in-fact were the “collateral agent” under the Loan Documents) as if set forth in full herein with respect thereto.

assistant: Authority
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: On and after the Closing, Parent shall (and shall cause its Affiliates to) maintain the confidentiality of all confidential or proprietary information of the Sellers and agrees not to, directly or indirectly, disclose any such confidential or proprietary information except to the extent that disclosure of any portion thereof is required by Legal Requirement or determined to be necessary to comply with any Legal Requirement or to the extent the information becomes generally available to the public other than as a result of disclosure by Parent or its Affiliates. On and after the Closing, PHMD shall (and shall cause its Affiliates to) maintain the confidentiality of all confidential or proprietary information of Parent and Purchaser and agree not to, directly or indirectly, disclose any such confidential or proprietary information except to the extent that disclosure of any portion thereof is required by Legal Requirement or determined to be necessary to comply with any Legal Requirement or to the extent the information becomes generally available to the public other than as a result of disclosure by PHMD or its Affiliates. For the avoidance of doubt, upon the Closing, information relating to the Business is not confidential or proprietary information of the Sellers.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any actual or threatened default in, or breach of, any of the terms, conditions, and provisions of this Award, the party or parties who are thereby aggrieved shall have the right to specific performance and injunction in addition to any and all other rights and remedies at law or in equity, and all such rights and remedies shall be cumulative.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that any claim you may have arising out of or related to your relationship with instagram must be filed within one year after such claim arose ; otherwise , your claim is permanently barred .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Holder may assign or transfer this Note to any transferee. The Holder shall notify the Company of any such assignment or transfer promptly. This Note shall be binding upon the Company and its successors and shall inure to the benefit of the Holder and its successors and permitted assigns.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these are provided for your convenience and we are not responsible for and do not give any warranties or make any representations regarding any external links and are not responsible for or liable in relation to the content or your use of any external links .

assistant: Limitation of liability
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 district court correctly held that the bankruptcy court’s order satisfied those requirements. As noted above, the bankruptcy court’s order assigned to Baum the estates’ right to sue various individuals and to avoid various transactions. On its face, that order “finally determine[d] the discrete issue to which it is addressed.” See, e.g., Frontier Properties, 979 F.2d at 1363. Baum nevertheless argues that the decision is not “final,” because the bankruptcy court retains some control over the assigned assets. We are not persuaded. The bankruptcy court retains control only over monetary matters if Baum prevails in litigation or avoids a transaction. For example, the bankruptcy court can determine the appropriate amount of attorney fees and costs, if disp 1, 583 n. 1 (9th Cir.1993) (<HOLDING>). AVOIDANCE POWERS A. Standard of Review The Options: A. holding that a property right that comes into existence by court action such as a judgment lien does not relate back to some earlier date to destroy the priority of a federal tax lien B. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence C. holding that a judgment resolving the question of the priority of the federal tax lien constitutes a final and appealable order over which we have jurisdiction D. holding that a rehearing order was not final or appealable E. holding that an order was interlocutory in nature despite the trial courts certification of the order as a final appealable judgment

assistant: The best answer is C. holding that a judgment resolving the question of the priority of the federal tax lien constitutes a final and appealable order over which we have jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: assume, in the condemnation suit, that the taking authority will make the full use ‘physically possible of any easement or land described in the taking certificate.’ ” 4A Nichols, at § 14A.06[3] (quoting 2,953.15 Acres of Land v. United States, 350 F.2d 356, 360 (5th cir.1965)). When the condemnor limits the use of its easement after the taking has occurred, this limitation can limit the damages recoverable, but only if the limitation is lawfully enforceable by the condemnee. 4A Nichols at § 14A.06[3]. The taking authority is free to limit the scope of access either before the taking or, with the landowner’s agreement, after the taking. Mugar v. Massachusetts Bay Transp. Auth., 28 Mass.App.Ct. 443, 445, 552 N.E.2d 121, 123 (1990). “Absent such action, ‘payme 2d 368, 371 (La.App.1967) (<HOLDING>); Southwestern Elec. Power Co. v. Conger, 307 Options: A. holding that if respondents suit is one for permanent damages to the land the measure of damages is the decreased value of the land B. holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land C. recognizing that one cannot have an easement in his own land D. holding that permanent easement arising from condemnation of pipeline easement reduced property value by 20 E. holding that permanent easement on land containing natural gas pipeline reduced value of directly encumbered land by 75

assistant: The best answer is E. holding that permanent easement on land containing natural gas pipeline reduced value of directly encumbered land by 75
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: occurs in extremely rare circumstances where the court does not have proper jurisdiction over the action or the public interest is directly and adversely affected. Pirtle v. Gregory, 629 S.W.2d 919, 920 (Tex.1982). While it may have been error for the trial court to award attorney’s fees against the City absent statutory authority to do so, we hold such error did not go to the court’s jurisdiction over the action, nor did it directly and adversely affect a public interest. Therefore, it was not fundamental error. Because the City failed to object to the request for attorney’s fees, it has waived any error the trial court may have committed in awarding attorney’s fees to Shiba. See County of El Paso v. Boy’s Concessions, Inc., 772 S.W.2d 291, 293 (Tex. App. — El Paso 1989, no writ) (<HOLDING>). Accordingly, the City’s sixth, seventh, and Options: A. holding that the failure to object to a defect in the arbitrator selection process constituted a waiver B. holding that the failure to object to an instruction constitutes a waiver of error C. holding that even though statute did not provide for attorneys fees against county its failure to object constituted waiver D. holding that tcprc section 380018 authorizing recovery of attorneys fees against individual or corporation does not provide for award of attorneys fees against limited partnership E. holding that the failure to object to a trial courts instruction constitutes waiver

assistant: The best answer is C. holding that even though statute did not provide for attorneys fees against county its failure to object constituted 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 legal provision and list the applicable contract clause categories. Provision: Bayer shall provide written notice to Licensor of the first occurrence of any of the (i) development milestones set forth above in Section 8.2.1 no later than twenty-five (25) Business Days following the occurrence of the relevant milestone, and (ii) sales milestones set forth above in Section 8.2.2 no later than twenty-five (25) Business Days following the end of the month of occurrence of the relevant milestone. Bayer shall remit payment for the applicable milestone due pursuant to Section 8.4.2.

assistant: Payments
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: Polk County convictions in 1974 and 1975, appellant failed to allege all of the factors required under Beach to shift the burden to the state to show either that counsel was required or that the right to counsel was validly waived. As to the December 19, 1974 conviction, appellant made no assertion that the DUI conviction was punishable by more than six months of imprisonment, nor did he claim that he was actually imprisoned. Moreover, the statute at the time did not provide for more than six months imprisonment. See § 316.028(2)(a), Fla. Stat. (1973) (providing that a first DUI conviction shall be punished by imprisonment of not more than six months or by a fine of not less than $25 or more than $500, or by both a fine and imprisonment); Hlad v. State, 585 So.2d 928, 930 (Fla.1991) (<HOLDING>). In addition, appellant made no allegation Options: A. holding that an asylum applicant had not suffered past persecution where she claimed to have been beaten and to have suffered some bodily injuries but she was not detained imprisoned tortured or sexually assaulted in any way B. holding that the defendant was not guilty of felony dui because the state was unable to prove that the defendant had three prior dui convictions but remanding the case to the circuit court for resentencing without reference to any potential jurisdictional problem C. holding that a prior nonarizona conviction to be used as a prior felony conviction under the statute must both be for an offense that would constitute a felony in arizona and be classified as a felony in the other jurisdiction D. holding that prior dui conviction could be used to enhance an offense to felony even though defendant did not have appointed counsel where defendant could not have been imprisoned for more than six months and was not in fact imprisoned E. holding that defendants knew and understood consequences of their dui pleas even though trial court did not inform them of bill under debate by legislature that could enhance future similar convictions to felony level

assistant: The best answer is D. holding that prior dui conviction could be used to enhance an offense to felony even though defendant did not have appointed counsel where defendant could not have been imprisoned for more than six months and was not in fact imprisoned
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 Master Agreement, the terms and conditions of the Plan, and any Grant Notice constitute the entire understanding between the Grantee and the Company and its Subsidiaries, and supersede all other agreements, whether written or oral, with respect to any Award.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications provided hereunder shall be in writing or by facsimile and addressed, delivered or transmitted, if to the Company or the Holder, to the applicable party at its address or facsimile number set forth on the signature pages hereto, or at such other address or facsimile number as may be designated by such party in a notice to the other party. Any notice, if mailed and properly addressed with postage prepaid or if properly addressed and sent by pre-paid courier service, shall be deemed given when received; any notice, if transmitted by facsimile, shall be deemed given when the confirmation of transmission thereof is received by the transmitter. Unless otherwise indicated, all references to the time of a day shall refer to New York City time.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( d ) our `` yearly '' and `` two year '' subscriptions are paid for by an upfront one-off payment with automatic annual or two year renewals respectively .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the prime contractor from liability to its subcontractor”). 7 .See, e.g., Clark-Fitzpatrick, Inc., Franki Found. Co. v. Gill, 652 A.2d 440, 449 (R.I.1994); Frank Coluccio Constr. Co. v. City of Springfield, 779 S.W.2d 550, 551-52 (Mo.1989) (en banc); St. Paul Dredging Co. v. State, 259 Minn. 398, 107 N.W.2d 717, 724 (Minn.1961); Roof-Techs Int’l, Inc. v. Kansas, 57 P.3d 538, 550-53 (Kan.Ct.App.2002); Metric Constructors, Inc. v. Hawker Siddeley Power Eng’g, Inc., 121 N.C.App. 530, 468 S.E.2d 435, 438-39 (N.C.Ct.App.1996); Schiavone Constr. Co., Inc. v. Triborough Bridge & Tunnel Auth., 209 A.D.2d 598, 619 N.Y.S.2d 117, 118 (N.Y.App.Div.1994); Bd. of County Comm’rs v. Cam Constr. Co., Inc., 300 Md. Kensington Corp., 253 N.W.2d at 784 (same) with Claussen Paving Co., 273 S.E.2d at 164 (<HOLDING>); Wexler Constr. Co. v. Housing Auth., 149 Options: A. holding that prime contractor plaintiffs in an interpleader action could not press arbitration for a counterclaim by a subcontractor B. holding that prime contractor must prove that it is liable to the subcontractor before it can assert a passthrough claim C. holding that it is not D. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor E. holding that subcontract requirement that work be performed in accordance with specifications in prime contract meant that prime contract governed the manner of the performance of the work not the basis for computing the amount to be paid the subcontractor

assistant: The best answer is B. holding that prime contractor must prove that it is liable to the subcontractor before it can assert a passthrough claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless the context clearly indicates otherwise, and subject to the terms and conditions of the Plan as the same may be amended from time to time, the following terms, when used in this restricted stock unit agreement, shall have the meanings set forth in this Section 2.

assistant: Definitions
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: Circuit to examine “the overall statutory scheme of the [Internal Revenue] Code, the case law, and [I.R.C. Section] 6501(c)(1)’s historical roots.” Id. at 1342. For these reasons the court has determined that the complex, novel, and difficult issues presented warrant an increase to $400 an hour for partner time and $250 an hour for associate time. The Government, however, insists that BASR cannot recover any supplemental fees at a rate above the statutory maximum, because I.R.C § 7430 requires a separate showing of a “special factor” to justify an increased rate for supplemental fees incurred with respect to the fee litigation, apart from any special factors affecting the underlying tax litigation. Gov’t Supp. Resp. at 4 (citing Powers v. Comm’r, 43 F.3d 172, 183 (5th Cir. 1995) (<HOLDING>)). In this case, the court has determined that Options: A. holding that a court has broad discretion in awarding attorney fees under the eaja but is not required to make an award in all cases where a party seeks supplemental or increased fees B. holding that higher rate would not be awarded for supplemental fees because there was no showing that any special factor justifies an increased rate for litigating the attorney fees motion C. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate D. holding that fees may be awarded for litigating amount of fees only where language of statute supports such conclusion E. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract

assistant: The best answer is B. holding that higher rate would not be awarded for supplemental fees because there was no showing that any special factor justifies an increased rate for litigating the attorney fees motion
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: Delivery of and payment for the Securities shall be made at 10:00 A.M., New York City time, on September 20, 2017, which date and time may be postponed by not more than three Business Days by agreement between the Representative and the Company or as provided in Section 9 hereof (such date and time of delivery and payment for the Securities being herein called the “ Closing Date ”). Delivery of the Securities shall be made to the Representative for the respective accounts of the several Initial Purchasers against payment by the several Initial Purchasers through the Representative of the purchase price thereof to or upon the order of the Company by wire transfer of immediately available funds to the account specified by the Company. Delivery of the Securities shall be made through the facilities of The Depository Trust Company unless the Representative shall otherwise instruct.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Carney, 471 U.S. 386, 390, 105 S.Ct. 2066, 85 L.Ed.2d 406 (1985). There are, however, “a few specifically established and well-delineated exceptions” to this general rule. California v. Acevedo, 500 U.S. 565, 580, 111 S.Ct. 1982, 114 L.Ed.2d 619 (1991) (internal quotation marks omitted). With these standards in mind, and having reviewed the transcript of the suppression hearing and the parties’ briefs, we conclude that the district court did not err in denying Escue’s motion to suppress. The record amply supports the district court’s finding that Escue consented to the search of his bedroom. Further, we conclude after review of the record that Escue voluntarily consented to the search. See Schneckloth v. Bustamonte, 412 U.S. 218, 219, 227, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973) (<HOLDING>); United States v. Lattimore, 87 F.3d 647, 650 Options: A. recognizing that the ultimate question of the voluntariness of consent is one of law B. holding that the government bears the burden of proving voluntary consent under the totality of the circumstances C. holding threat to obtain a search warrant if individual does not consent to a search is just one factor in deciding whether the totality of the circumstances supports a voluntary consent finding D. holding that in determining the voluntariness of a waiver of miranda rights a court must evaluate the totality of the circumstances E. recognizing that consent is an exception to the warrant requirement and that voluntariness of consent depends on the totality of the circumstances

assistant: The best answer is E. recognizing that consent is an exception to the warrant requirement and that voluntariness of consent depends on the totality of the circumstances
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: La. Code Crim. Proc. art. 922(B) (providing that the court of appeal’s judgment becomes final under Louisiana law fourteen days after the rendition of judgment in all cases in which an application for a writ of review is not filed with the Louisiana Supreme Court), and supra note 2 and accompanying text, with Roberts, 319 F.3d at 693 n. 15 (noting that the judgment of an intermediate court of appeals is not final under Texas law until the mandate has issued), and id. at 694-95 (rejecting the argument that the mandate-issuance date should determine finality under AEDPA). 4 . AEDPA’s one-year limitations period is tolled during the pendency of a state habeas application. 28 U.S.C. § 2244(d)(2). 5 . See Lawrence v. Florida, 549 U.S. 327, 331-36, 127 S.Ct. 1079, 166 L.Ed.2d 924 (2007) (<HOLDING>). 6 . The entirety of Scott’s challenge was as Options: A. holding that aedpas oneyear limitations period is not tolled during the pendency of a petition for certiorari to the united states supreme court that seeks review of a state courts denial of postconviction relief B. holding statute of limitations for filing petition for postconviction relief not tolled by general savings statute tolling limited to reasons enumerated in state postconviction relief act C. holding that aedpas oneyear period of limitations does not support a delay of filing of habeas petition by capital defendant D. holding that the limitations period is likewise not tolled during the pendency of a certiorari petition to the supreme court E. recognizing that where a state prisoner declines to pursue certiorari in the united states supreme court that petitioners conviction is not final until after the time for filing a petition for certiorari with the supreme court has passed

assistant: The best answer is A. holding that aedpas oneyear limitations period is not tolled during the pendency of a petition for certiorari to the united states supreme court that seeks review of a state courts denial of postconviction relief
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 Assignment shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, executors, administrators, successor-in-interest and assigns. If any term or provision of this Assignment shall be held invalid or unenforceable, the remainder of this Assignment shall not be affected. This Assignment shall be construed in accordance with and governed by the laws of the State of _________. Nothing in this Assignment shall impair, limit or lessen any of the rights of the parties with respect to the provisions of the Agreement which were intended to survive the Closing Date. Nothing in this Assignment, express or implied, is intended to confer upon any person or entity, other than the parties hereto and their respective successors and assigns, any rights or remedies.

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 legal provision and list the applicable contract clause categories. Provision: When used in this Agreement, except as set forth in the Preamble hereto, the following terms in all of their tenses, cases and correlative forms shall have the meanings assigned to them in this Section 1 or elsewhere in this Agreement.

assistant: Definitions
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 otherwise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the Party against whom such waiver is charged; and (a) the failure of any Party to insist in any one or more cases upon the performance of any of the provisions, covenants, or conditions of this Agreement or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (b) the acceptance of performance of anything required by this Agreement to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure; and (b) no waiver by any Party of one breach by another Party shall be construed as a waiver with respect to any other or subsequent breach.

assistant: No Waivers
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: 996 F.2d 1025, 1030 (10th Cir.1993). In Castaldo v. Denver Public Schools, 276 Fed.Appx. 839 (10th Cir.2008), the Tenth Circuit found that the district court did not abuse its discretion when it chose not to apply equitable tolling to the plaintiffs EEOC charge when the plaintiff alleged: (i) that his employer did not post notices regarding the filing of EEOC charges; (ii) that he was too incapacitated by his shoulder injuries to file an EEOC charge; and (iii) that he was proceeding pro se. See 276 FedAppx. at 841. The Tenth Circuit found no error in the district court’s conclusion that the failure to post EEOC notices was not a sufficient justification for equitable tolling. See 276 Fed.Appx. at 841. See also Wilkerson v. Siegfried Ins. Agency, Inc., 683 F.2d 344, 347 (10th Cir.1982)(<HOLDING>). The district court noted that the plaintiff Options: A. holding that a person must file a claim under the civil rights act within three years of the date his or her cause of action accrues B. holding that if good cause does not exist the court has the discretion to either dismiss the action without prejudice or direct that service be effected within a specified time C. holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver D. holding that the simple failure to post notices without intent to actively mislead the plaintiff respecting the cause of action does not extend the time within which a claimant must file his or her discrimination charge E. recognizing the cause of action

assistant: The best answer is D. holding that the simple failure to post notices without intent to actively mislead the plaintiff respecting the cause of action does not extend the time within which a claimant must file his or her discrimination charge
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 is an Israeli corporation duly organized, validly existing and in good standing under the Laws of the State of Israel. The Company has all power and authority, corporate and otherwise, and all governmental licenses, franchises, Permits, authorizations, consents and approvals required to own and operate its properties and assets and to carry on its business as presently conducted and as proposed to be conducted. The Company is duly qualified or licensed to do business as a foreign corporation or Israeli corporation, as applicable, and is in good standing in each authority where the character of the property owned or leased by it or the nature of its activities make such qualification necessary.

assistant: Powers
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: Comply with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( g ) you can also contact us via email at help@headspace.com to withdraw your consent to receive any future communications electronically , including if the system requirements described above change and you no longer possess the required system .

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 Agreement may be executed in counterparts, and may delivered personally or by facsimile or electronic transmission, and each counterpart will have the same force and effect as an original and will constitute an effective, binding agreement on the part of each of the undersigned parties.

assistant: Counterparts