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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to employ Executive and Executive hereby accepts such employment, in accordance with the terms of this Agreement. Subject to Section 5, the term of Executive’s employment shall commence on the date hereof and continue for three (3) years thereafter unless this Agreement is earlier terminated as provided herein (the “ Term ”); provided , however, that unless the Company gives written notice to Executive at least thirty (30) days prior to the end of the Term of this Agreement (as the Term may be extended pursuant to this Section 1 ), on each anniversary of the date hereof, the Term of this Agreement shall automatically be extended for an additional one (1) year period.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Control Agreement may be executed in any number of counterparts, all of which shall constitute one and the same instrument, and any party hereto may execute this Control Agreement by signing and delivering one or more counterparts. Delivery of an executed counterpart of this Control Agreement by facsimile transmission or other electronic means shall be effective as delivery of a manually executed counterpart of this Control Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 11, 2006, which appear to be duplicates. 7 . See Baxter v. Palmigiano, 425 U.S. 308, 320, 96 S.Ct. 1551, 47 L.Ed.2d 810 (1976) (finding adverse inference acceptable based on an inmate’s silence during disciplinary proceedings); SEC v. Colello, 139 F.3d 674, 677 (9th Cir.1998) (finding adverse inference and other penalties appropriate where plaintiff invokes privilege); Wehling v. Columbia Broad. Sys., 608 F.2d 1084, 1089 (5th Cir.1979) (permitting three-year stay of discovery where plaintiff invoked Fifth Amendment privilege); Steiner v. Minn. Life Ins. Co., 85 P.3d 135, 136 (Colo.2004) (propounding factors for consideration before dismissing the case where a plaintiff invokes Fifth Amendment privilege prior to trial); Chaffin, Inc. v. Wallain, 689 P.2d 684, 688-89 (Colo.Ct.App. 1984) (<HOLDING>). Especially surprising is Plaintiff's heavy Options: A. holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege B. holding adverse inference permissible in the face of defendants repeated invocation of fifth amendment privilege in discovery responses C. holding that the statement ill take the fifth was an assertion of the fifth amendment privilege D. holding that juveniles request for parent is invocation of fifth amendment rights E. holding that trial court may draw adverse inference from habeas petitioners silence as result of fifth amendment invocation during deposition

assistant: The best answer is B. holding adverse inference permissible in the face of defendants repeated invocation of fifth amendment privilege in discovery responses
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 acknowledge that the service is provided without any warranties of any kind whatsoever either express or implied , including but not limited to the implied warranties of merchantability and fitness for a particular purpose .

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: to be drawn in his favor. Adickes v. S. H. Kress & Co., 398 U.S. 144, 158-159, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). I. TITLE IX Section 901(a) of Title IX of the Education Amendments of 1972 provides that “no person in the United States shall on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a). A “program or activity” includes “all the operations of ... a college, university, or other post-secondary institution, or a public system of higher education .. any part of which is extended Federal financial assistance.” 20 U.S.C. § 1687(2)(A). In most Title IX cases, the plaintiff attempts to demons 43 F.3d 265 (6th Cir.1994) (<HOLDING>); Yellow Springs, etc. v. Ohio High Sch. Ath. Options: A. holding that a college received federal funds where the funds were granted to its students as financial aid rather than directly to the college because the language of the section does not distinguish between direct and indirect receipt of federal funds B. holding that ncaa was not an indirect recipient of federal funds even though it received dues from schools that received federal funds C. holding that kentucky high school athletic associa tion qualified as agent of the state and as recipient of federal funds so as to be subject to title ix when association received dues from member schools which received federal funds D. holding that ohio high school athletic association was not a recipient of federal funds because it did not receive direct federal assistance and it did not receive money from local schools who were recipients of federal assistance E. holding that kentucky high school athletic association was an indirect recipient of federal funds because it was created by state law its functions were determined by the kentucky board of education and it received dues from member schools who received federal funds

assistant: The best answer is E. holding that kentucky high school athletic association was an indirect recipient of federal funds because it was created by state law its functions were determined by the kentucky board of education and it received dues from member schools who received federal funds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A base salary (“Base Salary”) of three thousand three hundred sixty six ($3,365.38) dollars per week (i.e., payable at an annualized rate of one hundred seventy five thousand ($175,000) dollars per year) during the Employment Period, payable in accordance with the Company’s ordinary payroll practices. Any subsequent increase in Base Salary shall be at the sole discretion of the President with endorsement of the Board.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (internal quotation marks omitted). No such circumstances are pleaded here. The complaint alleges that Shaw owed Boccardi a fiduciary duty because Shaw agreed to act as its “underwriter, investment banker and financier.” Am. Compl. ¶42. As the district court correctly observed, however, the complaint’s factual allegations, if proved, would not establish that Shaw agreed to act as Boccardi’s “financier”; rather, Boccardi expected to finance its own participation. See id. ¶¶ 19-21. Nor would Shaw’s receipt of confidential information, without more, transform it into Boccardi’s fiduciary. The cases Boccardi cites in support of this contention are distinguishable. See, e.g., JPMorgan Chase Bank, N.A. v. IDW Group, LLC, No. 08 Civ. 9116, 2009 WL 321222, at *10, 12 (S.D.N.Y. Feb. 9, 2009) (<HOLDING>). There is no allegation that Shaw agreed to Options: A. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted B. holding that beneficiary of general support trust has a legal right to compel distribution of funds internal quotation marks omitted C. holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted D. holding duty existed where alleged fiduciary received a great deal of highly confidential and sensitive information cultivated relationships with principals employees and acted as principals adviser in a position of extraordinary trust internal quotation marks omitted E. recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted

assistant: The best answer is D. holding duty existed where alleged fiduciary received a great deal of highly confidential and sensitive information cultivated relationships with principals employees and acted as principals adviser in a position of extraordinary trust internal quotation marks 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: Although, CLRI shall be responsible for any sales or use tax payable in connection with the sale of the Assets hereunder; Collabria will reasonably assist CLRI to minimize any such sales or use tax.

assistant: Sales
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: Carroll v. City of Portland, 736 A.2d 279, 283 (Me.1999) (“[A] ministerial act is mandatory and requires no personal judgment or choice.”) (emphasis in original). It is undisputed that Wing accompanied Desrosiers at Desrosiers’ request to Santoni’s residence where Santoni was arrested and then transported by Wing and Desrosiers to the Somerset County Sheriffs Department. Based on these facts, the district court appropriately concluded that Wing was aware of the outstanding arrest warrant and had a legal duty to execute it. Desrosiers’ presence at the arrest, for the purpose of assisting Wing in the execution of the warrant, did not render that arrest unlawful under state law or constitutionally infirm. Cf. Wilson v. Layne, 526 U.S. 603, 614, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (<HOLDING>). For the first time on appeal, Santoni argues Options: A. holding that in the absence of consent or exigent circumstances a law enforcement officer must procure a search warrant before searehing for the subject of an arrest warrant in the home of a third party B. holding that the doorway of the home is a public place for purposes of the warrant requirement of the fourth amendment C. holding there is no duty to third parties on the part of a premises owner who could not have foreseen the criminal acts of third parties D. holding that an arrest warrant without a search warrant does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant E. holding that it is a violation of the fourth amendment for police to bring members of the media or other third parties into a home during the execution of a warrant when the presence of third parties in the home was not in aid of the execution of the warrant

assistant: The best answer is E. holding that it is a violation of the fourth amendment for police to bring members of the media or other third parties into a home during the execution of a warrant when the presence of third parties in the home was not in aid of the execution of the warrant
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 agrees to pay Employee a total of [Click and Type Amount] Dollars ($[Click and Type Amount]), at the rate of [Click and Type Amount] Dollars ($[Click and Type Amount]) per [month/week], less applicable withholding, for [ ] months from the first regular payroll date following the Effective Date, in accordance with the Company’s regular payroll practices.

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 legal provision and list the applicable contract clause categories. Provision: (a) Prior to the Closing, Acquiror will, and will cause its Representatives to, treat all nonpublic information obtained in connection with this Agreement, the Ancillary Agreements and the transactions contemplated hereby and thereby as confidential in accordance with the terms of the Confidentiality Agreement. The terms of the Confidentiality Agreement are hereby incorporated by reference and will continue in full force and effect until the Closing.

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: The Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument. Signatures delivered by facsimile shall be effective for all purposes.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in these terms , we use the term `` user material '' to refer to any publically available material of any kind that you submit to us , including text , files , images , photos , video , sounds and musical or literary works .

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: The Parties agree to use the Confidential Information solely in connection with the Transaction and not for any purpose other than as authorized by this Agreement without the prior written consent of an authorized representative of the Parties. The Parties agree to ensure that all copyright products, such as source codes, system design data/architecture, and other proprietary information, disclosed during the engagement is protected from any misuse, alteration, modification, sharing, or transfer to any party without express permission of the Discloser. Such data is provided for the sole use of the Parties, and limited for the use under this agreement. The Receiving Party agrees not to use the Confidential Information in any way, or to manufacture or test any product embodying Confidential Information, except for the purpose set forth above.

assistant: Yes
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: summons] that said you must answer the complaint within twenty-three days or judgment will be entered against you, you didn't read that?" Id. at 20. Mr. Rogers replied, "No sir, I didn't." Id. Mr. Rogers also testified that he did not call the Kentucky attorney who had represented him in his previous lawsuit, "A person of mature years and judgment and this we will assume of appellant in the absence of any evidence to the contrary, may not idly ignore a summons to defend an action." Mason, 749 N.E.2d at 1292 (quoting Carty v. Toro, 223 Ind. 1, 7, 57 N.E.2d 434, 436 (1944)). Based upon this evidence, we cannot say that the trial court abused its discretion in denying the Rogerses' motion to set aside the default judgment on grounds of exceusable neglect. See Mason, 749 N.E.2d at 1292 (<HOLDING>); Whitaker v. St. Joseph's Hosp., 415 N.E.2d Options: A. holding that neglect was not excusable where the defendants did not do all that they were required to do after they received the summons and complaint in that they did not contact a lawyer or make any other arrangements with respect to their defense B. holding that appellants fourteenth amendment due process claim did not require reversal where they failed to show that they were prejudiced C. holding that plaintiffs did not have standing because they did not sue the party with the clear ability to act D. holding that plaintiffs could not relitigate their claim that they were entitled to vsf benefits and that while plaintiffs could have raised additional claims in one or more of the foregoing actions they opted not to do so and they are barred by res judicata from doing so now E. holding the district court did not abuse its discretion in denying attorneys fees because plaintiffs rule 54d2 motion was untimely and they had failed to show excusable neglect that would justify extending the time they had to file such a motion

assistant: The best answer is A. holding that neglect was not excusable where the defendants did not do all that they were required to do after they received the summons and complaint in that they did not contact a lawyer or make any other arrangements with respect to their defense
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 provisions of this Contract, which by their nature should, or by their express terms do, survive or extend beyond the termination or expiration of this Contract, shall survive, including the following sections of this Contract: Sections 1.1.1 , 1.3 , 1.4 , 1.5 , 4.5 , 4.6 , 4.7 , 4.8 , 5 , 7 , 8 , 9 , 10 , 11 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 and 21 .

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 legal provision and list the applicable contract clause categories. Provision: For the regular annual meetings of the Directors, notice of the time and place of each such meeting (including an agenda and relevant background materials) will be given by the Chairman in the manner provided herein to each Director not less than ten Business Days before the time when the meeting is to be held. Notice of the time and place of any meeting that is not a regular annual meeting (including an agenda and relevant background materials) will be given by the Director requiring such meeting to all other Directors not less than ten (10) Business Days before the time when the meeting is to be held, except in the case of an Emergency Situation when such notice will be given in the manner provided herein to each other Director not less than five (5) Business Days before such time. Notwithstanding the foregoing, no notice of a meeting will be necessary if all Directors present at such meeting waive advance notice of the meeting or otherwise signify their consent in writing to the holding thereof, either before, during or after the holding thereof. Notices to each Director may be given to him or her at the address of the Shareholder who appointed such Director.

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 case excerpt and choose the best holding from the options. Case excerpt: At 667. Wearly in fact supports the data owners here. Although the Third Circuit there found a pre-enforcement proceeding premature, it noted: In acting on [a] petition [by an agency for an order enforcing a subpoena] the district court’s role is not that of a mere rubber stamp, but of an independent reviewing authority called upon to insure the integrity of the proceeding. “The system of judicial enforcement is designed to provide a meaningful day in court for one resisting an administrative subpoena.” In the discharge of that duty, the court has the power to condition enforcement upon observance of safeguards to the respondent’s valid interests. Id. at 665 (citation omitted; footnote omitted). Cf. FTC v. Johns-Manville Corp., 1979-2 Trade Cas. ¶ 62,830 at 78,792-93 (D.Colo.1979) (<HOLDING>). The FTC has itself provided the “10 day Options: A. holding that ojrdinarily when a regulation is not promulgated in compliance with the apa the regulation is invalid however when equity demands the regulation can be left in place while the agency follows the necessary procedures citation omitted B. holding that schreiber was not controlling in an ftc subpoena enforcement action because in schreiber the fcc acted pursuant to a validly promulgated regulation while the ftc had not adopted such a rule regarding the confidentiality of subpoenaed material C. holding that the claim must be based upon the implementation or execution of a policy statement ordinance regulation or decision officially adopted and promulgated by that bodys officers D. holding that taxpayer who is the target but not the recipient of an administrative subpoena pursuant to 26 usc 7602 may challenge the subpoena E. holding that procedures that are implicit and incidental to procedures otherwise explicitly provided for in a properly adopted rule or regulation do not require further codification by a further adopted rule or regulation and to hold otherwise belies statutory intent and that such an argument based on the lack of a rule or regulation to cover every step of the testing procedures is not only speculative and theoretical but also hypertechnical

assistant: The best answer is B. holding that schreiber was not controlling in an ftc subpoena enforcement action because in schreiber the fcc acted pursuant to a validly promulgated regulation while the ftc had not adopted such a rule regarding the confidentiality of subpoenaed material
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: rights declared in older court orders. See Sleboede v. Sleboede, 384 Mich. 655, 184 N.W.2d 923, 925 (1971). Rather, they merely “make [the court’s] records speak the truth — to record that which was actually done, but omitted to be recorded.” Id. at 925 n.6. That is, nunc pro tunc orders fix clerical mistakes in old orders. Nunc pro tunc orders do not revise the substance of what has transpired, backdate events, or give rise to new substantive rights, including resetting the statute of limitations. Crangle v. Kelly, 838 F.3d 673, 680 (6th Cir. 2016) (finding that Ohio nunc pro tunc orders “merely correct[ ] ... record[s] to accurately reflect the court’s actions ... not ... reset[ ] the statute of limitations .... ”); Glynne v. Wilmed Healthcare, 699 F.3d 380, 383-84 (4th Cir. 2012) (<HOLDING>); W.N.J. v. Yocom, 257 F.3d 1171, 1172 (10th Options: A. holding that nunc pro tunc orders correct mistakes or omissions in the record so that the record properly reflects the events that actually took place they may not be used to retroactively record an event that never occurred or have the record reflect a fact that never existed B. holding that appellate court may presume trial court took judicial no tice of its own record and that trial court record in that case supported prejudice element C. holding that this line of cases was not on point and that no error was apparent on the face of the record due to lack of reporters record from defaultjudgment hearing because the judgment reflected that it was based only on the pleadings and affidavits that were in the record D. holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record E. holding that the elements of a claim under 3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added

assistant: The best answer is A. holding that nunc pro tunc orders correct mistakes or omissions in the record so that the record properly reflects the events that actually took place they may not be used to retroactively record an event that never occurred or have the record reflect a fact that never 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: behalf.” 24 . Plaintiffs articulate the standard for facial constitutional challenges as whether "no set of circumstances exists under which the [the provision] would be valid,” United States v. Salerno, 481 U.S. 739, 745, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987), or whether the [provision] lacks any "plainly legitimate sweep,” Washington v. Glucksberg, 521 U.S. 702, 740 n. 7, 117 S.Ct. 2258, 138 L.Ed.2d 772 (1997)(Stevens, J., concurring in judgments)(internal quotation marks omitted). However, these standards are applied to facial challenges to statutes, not regulations. See U.S. v. Stevens, — U.S. -, 130 S.Ct. 1577, 1587, 176 L.Ed.2d 435 (2010). Since the challenged provisions here include a New Jersey Parole Board policy and sections of the administrative code, t 161 L.Ed.2d 1 (2005) (<HOLDING>). 26 . Defendants argue in the alternative that Options: A. holding that execution of juveniles violates the eighth and fourteenth amendments B. holding that the execution of mentally retarded criminals violates the eighth amendment C. holding that the execution of individuals who were under 18 years of age at the time they committed capital crimes violates the eighth and fourteenth amendments to the united states constitution D. holding references to a defendants lack of remorse violate the fifth eighth and fourteenth amendments E. holding that adam walsh act violates the eighth amendments prohibition against excessive bail and the fifth amendments guarantee of procedural due process

assistant: The best answer is A. holding that execution of juveniles violates the eighth and fourteenth amendments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1748, 2004 WL 2754674, at *5 (S.D.N.Y. Dec. 1, 2004). 93 . See In re Blech Sec. Litig., 187 F.R.D. 97, 107 (S.D.N.Y.1999). 94 . In re Oxford Health Plans, Inc., 191 F.R.D. 369, 374 (S.D.N.Y.2000). 95 . See Compl. II128. 96 . 485 U.S. 224, 247, 108 S.Ct. 978, 99 L.Ed.2d 194 (1988) (quotation and citation omitted). Accord Miles, 471 F.3d at 42 (" 'The fraud-on-the-market doctrine ... creates a rebuttable presumption that (1) misrepresentations by an issuer affect the price of securities traded in an open market, and (2) investors rely on the market price of securities as an accurate measure of their intrinsic value.' ”) (quoting Hevesi v. Citigroup, Inc., 366 F.3d 70, 77 (2d Cir.2004)). 97 . See, e.g., Burke v. China Aviation Oil (Singapore) Corp., 421 F.Supp.2d 649, 653 (S.D.N.Y. 2005) (<HOLDING>). 98 . See Compl. 111166-105. 99 . DeMaria v. Options: A. recognizing criminal forfeiture as an aspect of punishment B. recognizing as an element of pain and suffering C. recognizing nasdaq as an efficient market D. recognizing hymowitz as perhaps the most controversial of the market share decisions E. recognizing prejudice as an element for an iac claim

assistant: The best answer is C. recognizing nasdaq as an efficient market
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 incorporates the entire understanding among the parties with respect to the subject matter hereof. In reaching the agreements in this Agreement, neither party has relied upon any representation or promise, oral or written, except those set forth herein. This Agreement has been duly authorized by the parties, and duly executed on behalf of each party by the duly authorized officers or principals and in the manner required by all laws and regulations applicable to each such entity. Notwithstanding, the provisions of the Employment Agreement and the Grant Agreement are incorporated into this Agreement and remain in force and effect as if originally written herein.

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: The Company shall maintain property and casualty, general liability workers compensation, environmental hazard, personal injury and other similar types of insurance with financially sound and reputable insurers that is adequate, consistent with industry standards and the Company’s historical claims and the Company is not threatened by any insurer (that has issued any insurance policy to the Company) that such insurer intends to deny coverage under or cancel, discontinue or not renew any insurance policy presently in force.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 370 U.S. 711 82 S.Ct. 1293 8 L.Ed.2d 792 CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION NO. 795, etc., et al., Petitioners,v.YELLOW TRANSIT FREIGHT LINES, INC., et al. No. 13. Supreme Court of the United States Argued Oct. 11, 1961. June 25, 1962 David Previant, Milwaukee, Wis., for petitioners. Malcolm Miller, Wichita, Kan., for respondents. PER CURIAM. 1 Reversed. Sinclair Rfg. Co. v. Atkinson, 370 U.S. 195, 82 S.Ct. 1328. 2 Mr. Justice BRENNAN, with whom Mr. Justice DOUGLAS and Mr. Justice HARLAN join, concurring. 3 Since it is clear that the collective bargaining agreement involved in this case does not bind either party to arbitrate any dispute, I agree that no injunction should be granted.* See Sinclair Rfg. Co. v. Atkinson, 370 U.S. 195, 82 S.Ct. 1328 (dissenting opinion). 4 Mr. Justice FRANKFURTER took no part in the decision of this case. 5 Mr. Justice WHITE took no part in the consideration or decision of this case. * The grievance machinery emphasizes voluntary settlements through negotiations between employer and union representatives. Settlement is first to be attempted between the employer and the local union involved and, failing adjustment, negotiated settlement is to be attempted by a joint state committee consisting of equal numbers of employer and union representatives. If a majority of that committee 'settles a dispute,' '(s)uch a decision will be final and binding on both parties.' If a joint state committee fails to settle a dispute, a negotiated settlement is then to be attempted by a joint area committee consisting of equal numbers of employer and union representatives duly elected by the various joint state committees. This is the last stage unless there is agreement at that point to submit unsettled disputes to arbitration. Obviously, either employer or union representatives are free to prevent arbitration. For the contract provisions are: '(d) Deadlocked cases may be submitted to umpire handling if a majority of the Joint Area Committee determines to submit such matter to an umpire for decision. Otherwise either party shall be permitted all legal or economic recourse. '(f) In the event of strikes, work-stop-pages or other activities which are permitted in case of deadlock, default, or failure to comply with majority decisions, no interpretation of this Agreement by any tribunal shall be binding upon the Union or affect the legality or lawfulness of the strike unless the Union stipulates to be bound by such interpretation, it being the intention of the parties to resolve all questions of interpretation by mutual agreement. Nothing herein shall prevent legal proceedings by the Employer where the strike is in violation of this Agreement.'

assistant: 7
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: For purposes of this Waiver and Release of Claims, the “ Effective Date ” shall be the eighth (8th) calendar day following the date that Executive signs and returns this Waiver and Release of Claims to the Company, provided that Executive does not revoke or attempt to revoke his acceptance prior to such date. Executive understands and agrees that his failure to execute and/or revocation of this Waiver and Release of Claims nullifies the Agreement .

assistant: Effective Dates
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 otherwise specified by Publisher pursuant to advance written notice to SIE, each SIE Company will provide all reporting required pursuant to this Section 15, and make all payments due and payable to Publisher pursuant to this Section 15, in accordance with Schedule 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 legal provision and list the applicable contract clause categories. Provision: Each Loan Party will, and will cause its Restricted Subsidiaries to, maintain insurance with financially sound and reputable insurance companies or reinsurance with respect to any captive insurance, in each case with respect to the Properties and business of Loan Parties and Restricted Subsidiaries of such type (including business interruption, product liability, workers’ compensation and casualty), in such amounts, and with such coverages and deductibles as are customary for companies similarly situated, as to insurance covering Collateral, will cause to be delivered to the Collateral Agent or the Security Trustee, as applicable, (a) certificates of insurance evidencing the existence of insurance to be maintained by the Loan Parties pursuant to this Section 10.1.7, (b) an additional insured endorsement with respect to the Loan Parties’ liability insurance with a coverage amount in excess of $10,000,000 naming Collateral Agent or Security Trustee, as applicable as an additional insured thereunder, and (c) lender loss payable endorsement naming Collateral Agent or Security Trustee, as applicable, as lender loss payee with respect to Loan Parties’ casualty insurance with a coverage amount in excess of $10,000,000, in each case, in the form and substance reasonably satisfactory to the Collateral Agent and Security Trustee.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the fullest extent permitted by law , any dispute you have with any third party arising out of your use of the service , including , by way of example and not limitation , any carrier , copyright owner or other user , is directly between you and such third party , and you irrevocably release the company parties from any and all claims , demands and damages ( actual and consequential ) of every kind and nature , known and unknown , arising out of or in any way connected with such disputes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that the remedy at law for any breach by Executive of this Section 6 may be inadequate and that the damages following from any such breach may not be readily susceptible to being measured in monetary terms. Accordingly, Executive agrees that, upon adequate proof of Executive’s violation of any legally enforceable provision of this Section 6 , the Company will be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach. Nothing in this Section 6 will be deemed to limit the Company’s remedies at law or in equity for any breach by Executive of any of the provisions of this Section 6 that may be pursued or availed of by the Company.

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: While we agree with the statement-in Brown that “[s]ometimes it is necessary for ... the summary statement to provide a context reference” for the initiative petition, we do not find that failure to do so, where the consequences are potentially ever changing due to the political landscape, will always render the summary insufficient. See Brown, 370 S.W.3d at 654. We find that the effect that the Initiative Petitions may eventually have on the provisions of SB19 does not require the court to step in and redraft the summaries in order for them to be fair and sufficient. It is commonly understood that constitutional amendments will supersede statutes that are in contravention with the amended constitutional provision. Labrayere v. Bohr Farms, LLC, 458 S.W.3d 319, 327 (Mo. banc 2015) (<HOLDING>); State v. Kinder, 89 S.W.3d 454, 459 (Mo. banc Options: A. holding equivalent automatic license revocation provision of colorado real estate statute unconstitutional B. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them C. holding that it is not D. holding pennsylvania replevin statute unconstitutional E. holding that a statute is unconstitutional if it clearly contravenes a constitutional provision

assistant: The best answer is E. holding that a statute is unconstitutional if it clearly contravenes a constitutional provision
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 initial 7 — 5 deadlock, it appears all too possible that some jurors who might have believed that Mr. Cambareri did not shoot Papalia were willing to convict him of manslaughter for not rendering assistance. For that reason, we must carefully scrutinize the modification of the Allen charge given in this case. See Dixon v. State, 603 So.2d 86, 88 (Fla. 5th DCA 1992) (a modified Allen charge takes on increased significance when there is a “lack of overwhelming or clear evidence of guilt”). We agree with defense that the charge given in this case was deficient in several respects which together constitute fundamental error requiring a reversal. First, the instruction gave the jury an initial time limit of thirty minutes. See Gahley v. State, 567 So.2d 456, 459 (Fla. 1st DCA 1990) (<HOLDING>). Second, the trial court told the jury that Options: A. holding when giving an allen charge the trial court must avoid coercive deadlines B. holding that the trial court erred by giving a misleading instruction C. holding that an allen charge was not inherently coercive even though jury was split 111 because the judge did not know the identity of the holdout juror D. holding that allen charge given by court was coercive and required a new trial E. holding second modified allen charge coercive per se unless jury requests it

assistant: The best answer is A. holding when giving an allen charge the trial court must avoid coercive deadlines
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: also that DOR’s unreasonable delay in seeking an arrearage determination after the vacation of the May 2003 order militated against establishing arrearages in 2011. The court found that the father’s circumstances had changed during the period of these doctrines to the facts in the record, without voicing any objection concerning the procedural propriety of taking these doctrines into account. However, we find preserved, reversible error under DOR’s remaining arguments. A trial court’s application of the doctrines of either laches or equitable es-toppel is reviewed for abuse of discretion, provided that there is competent, substantial evidence for each element of the doc trine applied. See Sun Cruz Casinos, L.L.C. v. City of Hollywood, Fla., 844 So.2d 681, 684-85 (Fla. 4th DCA 2003) (<HOLDING>); Cartee v. Carswell, 425 So.2d 204, 206 (Fla. Options: A. holding that a district courtsfinding of equitable estoppel is reviewed under an abuse of discretion standard B. holding that the standard of review under rule 60 is abuse of discretion C. recognizing that we review the sentence imposed by a district court under the abuse of discretion standard D. holding that the appropriate standard of review is abuse of discretion E. recognizing the abuse of discretion standard and the requirement of evidentiary support for a finding of estoppel

assistant: The best answer is E. recognizing the abuse of discretion standard and the requirement of evidentiary support for a finding of estoppel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect the validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement by that party or any other party.

assistant: 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: 5 F.3d 955, 958 (5th Cir.1993) (comment that plaintiffs supervisor made to plaintiff regarding retirement benefits when plaintiff was terminated, that “Cliff, I hope when I get to your age, somebody does the same thing for me,” proved only that supervisor desired a similar retirement package upon his retirement, and “shed[ ] absolutely no light on the central issue” of “whether Bodenheimer’s age was a factor in [the supervisor’s] decision to terminate him”); Barnes v. Southwest Forest Indus. Inc., 814 F.2d 607, 610-11 (11th Cir.1987) (defendant’s statement to plaintiff that he would have to take another physical examination “and at your age, I don’t believe you could pass it,” was not direct evidence of discrimination). E.E.O.C. v. Texas Instruments, 100 F.3d 1178, 1181 (5th Cir.1996) (<HOLDING>). . I realize that there is a distinction Options: A. holding that an employers statement about an employees age making him eligible for retirement simply recognized a fact concerning the employees seniority an observation which did not imply seniority was the reason for discharge B. holding that employees of differing seniority levels were not similarly situated C. holding that a requested reassignment was not reasonable because it would violate the seniority rights of other employees D. holding that court would not imply a statutory cause of action for employers interference in employees assertion of claim for compensation E. holding that an employees claim for breach of a letter agreement was preempted by erisa where the agreement did not specify the amount or other terms of the employees retirement benefits and the court would have to refer to the employers erisagoverned retirement plan to determine the employees retirement benefits and calculate the damages claimed

assistant: The best answer is A. holding that an employers statement about an employees age making him eligible for retirement simply recognized a fact concerning the employees seniority an observation which did not imply seniority was the reason for discharge
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or communication required or permitted under this Agreement will be made in writing and (a) sent by overnight courier, (b) mailed by overnight U.S. express mail, return receipt requested or (c) sent by telecopier. Any notice or communication to Executive will be sent to the address contained in his personnel file. Any notice or communication to the Company will be sent to the Company’s principal executive offices, to the attention of its Chief Executive Officer. Notwithstanding the foregoing, either party may change the address for notices or communications hereunder by providing written notice to the other in the manner specified in this paragraph .

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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 393 U.S. 79 89 S.Ct. 233 21 L.Ed.2d 61 CONTINENTAL OIL CO.v.UNITED STATES. No. 206. Supreme Court of the United States October 21, 1968 David T. Searls, Harry M. Reasoner and Lloyd F. Thanhouser, for appellant. Solicitor General Griswold, Assistant Attorney General Zimmerman and Lawrence W. Somerville, for the United States. PER CURIAM. 1 Being convinced on the record before us that Malco Refineries, Inc., was not a 'failing company,' United States v. Third National Bank, 390 U.S. 171, 183, 88 S.Ct. 882, 19 L.Ed.2d 1015 (1968); International Shoe Co. v. FTC, 280 U.S. 291, 50 S.Ct. 89, 74 L.Ed. 431 (1930), and that the record otherwise supports the decree, United States v. Pabst Brewing Co., 384 U.S. 546, 86 S.Ct. 1665, 16 L.Ed.2d 765 (1966), we affirm the judgment of the District Court. 2 Mr. Justice HARLAN, believing that this case involves issues of fact and law which should not be decided without plenary consideration, would note probable jurisdiction and set the case for argument. 3 Mr. Justice MARSHALL took no part in the consideration or decision of this case.

assistant: 8
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any representation, warranty or statement made or deemed to be made by the Maker herein or in any statement or certificate delivered or required to be delivered pursuant hereto shall prove untrue in any material respect on the date as of which it was deemed to have been made.

assistant: Representations