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: Neither this Lease nor any term or provision hereof may be changed, waived, discharged or terminated orally, and no breach thereof shall be waived, altered or modified, except by a written instrument signed by the party against which the enforcement of the change, waiver, discharge or termination is sought. Any right to change, waive, discharge, alter or modify, or terminate this Lease shall be subject to the prior express written consent of Landlord's Mortgagee to the extent required by Landlord’s financing documents and any subordination agreement entered into between Tenant and such Mortgagee.

assistant: Modifications
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: that the holding in the case was essentially limited to a matter of statutory interpretation). However, since Archer, the Second Circuit has clarified that one variant of the manufactured jurisdiction doctrine is the claim that “the defendant’s due process rights were violated because the government’s actions in inducing the defendant to commit the federal crime were outrageous.” See Wallace, 85 F.3d at 1065-66 (citing United States v. LaPorta, 46 F.3d 152, 160 (2d Cir.1994)). In Wallace, the Second Circuit indicated that, for the due process variant of manufactured jurisdiction, the critical factors in the analysis are whether the government committed crimes, and harmed or lied to innocent third parties. See 85 F.3d at 1066; see also U.S. v. Tribble, 320 Fed.Appx. 85, 87 (2d Cir.2009) (<HOLDING>); LaPorta, 46 F.3d at 160. This reasoning is Options: A. holding that defendant staying in abandoned house had no legitimate expectation of privacy in the house despite having a key to the house and the ability to let people in and out of it B. holding that background social norms that invite a visitor to the front door do not invite him there to conduct a search C. holding an elaborate ruse to invite defendants to rob a fictitious stash house was not outrageous D. holding noknock entry justified where officers had reasonable suspicion that entering drug stash house would be dangerous and drug dealer frequenting house could not be found elsewhere E. holding that arrest by the back door of defendants house was unlawful

assistant: The best answer is C. holding an elaborate ruse to invite defendants to rob a fictitious stash house was not outrageous
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: 357 U.S. 345 78 S.Ct. 1367 2 L.Ed.2d 1367 NATIONAL LABOR RELATIONS BOARD, petitioner,v. MILK DRIVERS AND DAIRY EMPLOYEES LOCAL UNIONS NOS. 338 AND 680, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL-CIO. No. 412. Supreme Court of the United States June 23, 1958 Solicitor General Rankin, Messrs. Jerome D. Fenton, Stephen Leonard, Dominick L. Manoli and Norton J. Come, for petitioner. Mr. Samuel J. Cohen, for respondent Local 338. Mr. Thomas L. Parsonnet, for respondent Local 680. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted. The judgment of the Court of Appeals is reversed on the authority of Local 1976, United Brotherhood of Carpenters and Joiners of America, AFL, et al. v. National Labor Relations Board (National Labor Relations Board v. General Drivers, Chauffeurs, Warehousemen and Helpers Union, Local No. 886, AFL-CIO, and Local 850, International Association of Machinists, AFL-CIO, v. National Labor Relations Board), 357 U.S. 93, 78 S.Ct. 1011. 2 The CHIEF JUSTICE, Mr. Justice BLACK, and Mr. Justice DOUGLAS dissent for the reasons stated in the dissenting opinion of Mr. Justice DOUGLAS in these cases.

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: This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings, both oral and written, between the parties with respect to the subject matter of this Agreement; provided , that unpaid accrued payment obligations arising under any prior version of this Agreement shall not be affected by this Agreement. As of the date hereof, there are no understandings between the parties with respect to the subject matter of this Agreement other than as expressed herein or as set forth in (i) that certain Investment Management Agreement, dated as of October 31, 2012, by and between AAM and AHL (the “ AAM/AHL Investment Management Agreement ”) and (ii) that certain Applicable 2016 Liability Fee Discount, dated as of September 30, 2016, by and between AHL and AAM.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: revealed none. In case we were left with any doubt, the administrative rules that govern CSD specifically provide that relatives have no right to the adoption of children in CSD custody unless they have established a “parent-chil 2d 617, 620-21 (1981) (refusing to create any common law right to the custody or adoption of one’s grandchildren). In fact, the Oregon courts have gone so far as to hold that even a custodial grandparent lacks a protected interest in the adoption of her grandchildren. Graham, 591 P.2d at 377-78 (considering appeal by grandmother who had temporary custody of children for 14 months prior the filing of the adoption petition); see also Browder v. Harmeyer, 453 N.E.2d 301, 308-09 (Ind.Ct.App.1983) (similar); but cf. In re P.C., 842 P.2d 364, 367 (Ok.Ct.App.1992) (<HOLDING>). We have, in short, found no statutory, Options: A. holding that a grandmother who frequently babysat her granddaughter was not in loco parentis and thus lacked standing to seek custody of her granddaughter B. holding that grandmother who had intermittent custody of her grandchild had no protected liberty interest in the continued custody of the child C. holding that grandmother in loco parentis of her three grandchildren had protected liberty interest in their future care and custody D. holding that party standing in loco parentis has standing to seek custody of child E. recognizing parents fundamental liberty interest in the care custody and management of their children

assistant: The best answer is C. holding that grandmother in loco parentis of her three grandchildren had protected liberty interest in their future care and custody
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 a legitimate governmental purpose, see Heller v. Doe, 509 U.S. 312, 319-21, 113 S.Ct. 2637, 125 L.Ed.2d 257 (1993). However, when an age-based classification affects fundamental rights, a court must review the classification with “the most exacting scrutiny.” See Clark v. Jeter, 486 U.S. 456, 461, 108 S.Ct. 1910, 100 L.Ed.2d 465 (1988) (unanimous decision); see also Austin v. Michigan Chamber of Commerce, 494 U.S. 652, 666, 110 S.Ct. 1391, 108 L.Ed.2d 652 (1990). The Charlottesville curfew ordinance does implicate fundamental rights. Cf. Kolender v. Lawson, 461 U.S. 352, 358, 103 S.Ct. 1855, 75 L.Ed.2d 903 (1983) (loitering statute implicates First Amendment liberties and “consti tutional light to freedom of movement”); Nunez v. City of San Diego, 114 F.3d 935, 944-45 (9th Cir.1997) (<HOLDING>). Normally, this would require the City to Options: A. holding that amendment to bankruptcy act was unconstitutional because it infringed upon state sovereignty B. holding right to be fundamental C. holding parental rights are constitutionally protected fundamental interest D. holding that curfew infringed minors fundamental rights E. holding that rights under vienna convention are not the equivalent of fundamental rights such as the right to counsel

assistant: The best answer is D. holding that curfew infringed minors fundamental rights
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: uber shall not be liable for indirect , incidental , special , exemplary , punitive or consequential damages , including lost profits , lost data , personal injury or property damage related to , in connection with , or otherwise resulting from any use of the services , even if uber has been advised of the possibility of such damages .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you believe that user-generated content or ua content infringes copyright under u.s. or other national law , please notify our copyright agent immediately using the contact information provided herein .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may modify , suspend , or terminate your access to or use of our services anytime for any reason , such as if you violate the letter or spirit of our terms or create harm , risk , or possible legal exposure for us , our users , or others .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and he is still employed as Division Chief. The doctrine applies to an employee’s reasonable decision to quit rather than endure intolerable conditions. See, e.g., Poland v. Chertoff, 494 F.3d 1174, 1184 (9th Cir.2007) (“Under the constructive discharge doctrine, an employee’s reasonable decision to resign because of unendurable working conditions is assimilated to a formal discharge for remedial purposes.”) (internal quotation marks omitted). There is no cognizable right to stay put, as Carleton had done for four years at the time of suit, yet sue for constructive discharge or to prevent a constructive discharge from happening. Because Carleton did not feel compelled to resign by his working conditions, no constructive discharge claim exists and no relief could be granted. Id. at 1185 (<HOLDING>). II Carleton’s equal protection claim was Options: A. holding that by itself three and onehalf months was insufficient to prove causation B. holding that charges for work done less than five months before an idea due process hearing were reasonable C. holding that dismissal was required where overall length of prosecution was 16 months state was responsible for 13 months of delay and six months of that delay was due to simple neglect D. holding one and onehalf months establishes causation while three months is too long and does not E. holding that continuing to work for five months before deciding to retire and three months thereafter as a matter of law are not the actions of someone who finds his working conditions so intolerable that he felt compelled to resign

assistant: The best answer is E. holding that continuing to work for five months before deciding to retire and three months thereafter as a matter of law are not the actions of someone who finds his working conditions so intolerable that he felt compelled to resign
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 services rendered by the Firm may have been of some incidental benefit to Heller, given the broad description of the services rendered and the services already rendered by Heller’s counsel, this Court concludes that there was no direct correlation between the services rendered by the Firm and the actual disposition or preservation of Heller’s collateral. In essence, the Firm was representing the Debtors — nothing more. Thus, the incidental benefits derived by Heller from the Firm’s representation do not trigger Section 506(c). Id. Moreover, such standard potential administrative expense claims should not be transformed into Section 506(e) claims when the Court does not approve them as administrative expenses. See FDIC v. Jenson (In re Jenson), 980 F.2d 1254, 1260 (9th Cir.1992) (<HOLDING>) (citing In re Proto-Specialties, Inc., 43 B.R. Options: A. holding that debtors obligation to pay portion of debt representing administrative expenses of collection was dischargeable B. holding that 506c was not intended as a substitute for recovery of normal administrative expenses from the debtors estate C. holding that although the lessor was not entitled to an administrative expense claim under 365d10 for the debtors use of leased property during the first sixty days of the ease the lessor would be entitled to those expenses under 503b1 to the extent the lessor could prove the expenses represented the actual necessary costs and expenses of preserving the estate D. holding that the avoidance powers provide for recovery only if the recovery is for the benefit of the estate E. holding that 506e is not intended as a substitute for the recovery of administrative expenses normally the responsibility of the debtors estate

assistant: The best answer is B. holding that 506c was not intended as a substitute for recovery of normal administrative expenses from the debtors estate
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 communications, notices and consents provided for herein shall be in writing and be given in person or by means of facsimile (with request for assurance of receipt in a manner typical with respect to communications of that type and confirmation by mail), by overnight courier or by registered or certified mail, and shall become effective: (a) on delivery if given in person; (b) on the date of transmission if sent by facsimile; (c) one (1) Business Day after delivery to the overnight service; or (d) four (4) Business Days after being mailed, with proper postage and documentation, for first-class registered or certified mail, prepaid.

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: interest, of any assets of the plan.... 29 U.S.C. § 1106(a)(1)(C),(D). A “party in interest” includes insiders to a plan, such as fiduciaries, employers, employees, service providers, and certain stockholders. 29 U.S.C. § 1002(14). Prohibited Section 406(a) transactions between a plan and a party in interest are those “commercial bargains that present a special risk of plan underfunding because they are struck with plan insiders, presumably not at arm’s length.” Lockheed, 517 U.S. at 893, 116 S.Ct. 1783. A party in interest can be held liable for Section 406(a) transactions and be required to disgorge its profits under the remedy provisions of Section 502(a)(3). Harris Trust & Sav. Bank v. Salomon Smith Barney, Inc., 530 U.S. 238, 242-43, 245-249, 120 S.Ct. 2180, 147 L.Ed.2d 187 (2000) (<HOLDING>). To obtain that remedy, however, Plaintiff Options: A. holding that professionals who advised the plan were not fiduciaries because they had no decision making authority over the plan or plan assets also noting that the power to act for the plan is essential to status as a fiduciary B. holding that a defendant who provided brokerdealer services to a plan was a party in interest required to disgorge his profits after the plan fiduciary caused the plan to buy worthless motel properties from him as that was a section 406a prohibited transaction given his insider status C. holding that a payment is under the plan when the debt is provided for in the plan D. holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions E. holding that where plaintiffs alleged that the plan suffered significant losses and requested that fiduciaries make good to the plan the losses to the plan they need not seek to recover for all plan participants allegedly injured by the fiduciary breach

assistant: The best answer is B. holding that a defendant who provided brokerdealer services to a plan was a party in interest required to disgorge his profits after the plan fiduciary caused the plan to buy worthless motel properties from him as that was a section 406a prohibited transaction given his insider status
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: certain features allow you to synchronize your profile information and your contacts ' information with the information contained on your social networks and platforms ( facebook , google + , vk , linkedin , etc. ) , including information made available by your contacts or friends on such social networks ( e.g. birthdays , photos , status , etc. ) .

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: out-weigh the known medical risks related to implementing involuntary medication administration[.]” (Id.) (S) The IMA Procedure, and Plaintiffs Treatment Thereunder, Comport with Due Process Requirements [7] In this case, Defendants assert and the Court agrees, that the IMA Procedure utilized by the New Jersey DOC satisfies both substantive and procedural due process requirements. Substantively, the IMA Procedure models the approved policy in Washington because it only applies where a treating psychiatrist determines that psychotropic medication is clinically indicated and in the best medical interest of a seriously mentally ill inmate who presents a danger to himself or others. Compare (Ex. B to Deck of Kippie Pelzer, DOC 65), with Washington, 494 U.S. at 227, 110 S.Ct. 1028 (<HOLDING>) Accordingly, the record demonstrates that the Options: A. holding that an inmate stated a claim under the due process clause when guards had placed her in a cell with a dangerous inmate B. holding that the due process clause permits the state to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest C. holding that the due process clause permits the state to treat a prison inmate with antipsychotic drugs against his will under certain circumstances while not limiting treatment to those circumstances D. holding that the due process clause permits the state to involuntarily treat a prison inmate who is seriously mentally ill if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest E. holding that inmate has a liberty interest under the due process clause to refuse the involuntary administration of psychotropic drugs

assistant: The best answer is B. holding that the due process clause permits the state to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest
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 disclosed in the SEC Documents and except where the failure to obtain any such consent, authorization or order or make any such filing or registration would not reasonably be expected to result in a Material Adverse Effect, the Company is not required to obtain any consent, authorization or order of, or make any filing or registration with, any federal, state, local or foreign court or governmental agency or any federal, state, local or foreign regulatory or self-regulatory agency in order for it to execute, deliver or perform any of its obligations under or contemplated by the Transaction Documents in accordance with the terms hereof or thereof, other than (i) as specifically contemplated by this Agreement, (ii) as required under the Securities Act and applicable state securities or “Blue Sky” laws, and (iii) as required under the rules and regulations of the Principal Market in connection with the transactions contemplated hereby (collectively, the “ Required Approvals ”), each of which has been, or (if not required to have been obtained or made on or prior to the date of this Agreement), shall be, timely obtained or made prior to the Commencement Date. Since one year prior to the date hereof, the Company has not received nor delivered any notices or correspondence from or to the Principal Market relating to any violation of the listing requirements of the Principal Market. The Principal Market has not commenced any delisting proceedings against the Company.

assistant: Authorizations
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 crack cocaine pipe in plain view and recognized it as drug paraphernalia, he had probable caus$ to arrest Mr. Hrezo. Although we readily understand the officer’s decision to turn on his take-down lights for personal safety, we must hold that the contact with Mr. Hrezo was a stop and' not a consensual encounter. A consensual encounter is transformed into an investigatory stop if a reasonable person would not feel free to leave. See Popple v. State, ice found in Mr. Hrezo’s car were the fruit of an unlawful stop. Therefore we reverse Mr. Hrezo’s judgments and sentences because the trial court should have granted the dispositive motion to suppress. Reversed and remanded. PARKER, A.C.J., and SALCINES, J., concur. 1 . See also State v. Donahue, 251 Conn. 636, 742 A.2d 775, 780 (1999) (<HOLDING>); Hammons v. State, 327 Ark. 520, 940 S.W.2d Options: A. holding automobile exception applied to shotgun seized from trunk of vehicle parked at defendants home B. holding that parked police vehicle could not constitute other traffic C. holding that defendant had a reasonable expectation of privacy in a locked vehicle owned and operated by a third party but parked on defendant homeowners driveway where the evidence seized was the subject of the unlawful enterprise in which defendant participated D. holding defendant was seized at moment officers pulled up behind parked vehicle and switched on flashing lights E. holding on direct review that defendant was not in custody when he was interviewed by law enforcement officers in a parked police vehicle which was unmarked and unlocked

assistant: The best answer is D. holding defendant was seized at moment officers pulled up behind parked vehicle and switched on flashing lights
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 Mortgage, except as otherwise provided in herein, and each of the other Loan Documents shall in all respects be governed, construed, applied and enforced in accordance with the laws of the State of New York without regard to principles of conflicts of law as to all matters.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by any Party (whether by operation of Law or otherwise) without the prior written consent of the Debtors, the Requisite Consenting Second Lien Creditors, and the Requisite Commitment Parties, other than an assignment by (a) a Commitment Party expressly permitted by Section 2.3 or Section 2.6 and (b) a Second Lien Noteholder Group Party to an Affiliate; provided , that any such assignment shall not relieve any Party of its obligations under this Agreement. Any purported assignment in violation of this Section 10.2 shall be void ab initio. Subject to the foregoing provisions of this Section 10.2 , there are no third party beneficiaries under this Agreement, and the rights or obligations of any Party under this Agreement may not be assigned, delegated, or transferred to any other Person.

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 legal provision and list the applicable contract clause categories. Provision: Schedule 3.09 sets forth the name of, type of entity, and the direct or indirect ownership interest or other investment of Holdings and its Subsidiaries (including the legal structure) and identifies each Subsidiary of Holdings that is a Loan Party, in each case as of the date of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party and each Subsidiary of any Loan Party is in compliance in all material respects with all Laws applicable to each of them or their properties. No Borrowing or use of any proceeds thereof contravenes any Law applicable to any Loan Party, any Subsidiary of any Loan Party or any Lender.

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: paid subscriptions can not be terminated before the end of the period for which you have already paid , and except as expressly provided in these terms , spotify will not refund any fees that you have already paid .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: masquerade reserves the right to change , suspend , remove , discontinue , impose limits on , or disable access to the services or any portions thereof or your use thereof .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Any and all payments by or on account of any obligation of the Borrower hereunder or under any other Loan Document shall be made free and clear of and without deduction for any Indemnified Taxes or Other Taxes; provided that if the Borrower shall be required to deduct any Indemnified Taxes or Other Taxes from such payments, then (i) the sum payable shall be increased as necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section) the Administrative Agent, Lender or Issuing Bank (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower shall make such deductions and (iii) the Borrower shall pay the full amount deducted to the relevant Governmental Authority in accordance with applicable law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does not provide an opening to appeal an order the clerk believes is contrary to the rule or, more generally, is unlawful. I am concerned that recognizing the ability of a clerk to appeal in this instance will only invite further questions of other instances in which a clerk may feel obligated to challenge a judge’s order on the ground that it contravenes not merely a court rule, but a statute or constitutional provision. ¶60 While it is possible to conceive of a situation in which a clerk, as a member of the public, might seek to intervene in a case to raise the public interest in open courts and records under article I, section 10 of the Washington State Constitution, that is not posture of this case. See Yakima County v. Yakima Herald-Republic, 170 Wn.2d 775, 246 P.3d 768 (2011) (<HOLDING>). And, as the dissent notes, the clerk here Options: A. recognizing possibility of limited intervention of newspaper in criminal case in which both parties sought closure of court records B. holding that records of a criminal defendants previous convictions in state court are nontestimonial C. holding that the public records act does not mandate disclosure of records protected by tennessee rule of criminal procedure 16 D. holding that a provision of state law governing the closure of court proceedings must be interpreted in a manner compatible with the first amendment right of access E. recognizing this distinction in case with eeoc intervention

assistant: The best answer is A. recognizing possibility of limited intervention of newspaper in criminal case in which both parties sought closure of court records
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 discriminate because an employee that “has opposed any practice made an unlawful employment practice” by Title VII. 42 U.S.C. § 2000e-3. In this case, Plaintiffs’ “protected EEO activity” consisted of reporting “illegal sexual harassment and retaliation to their supervisors.” Id. ¶ 194. Plaintiffs are foreclosed from bringing claims under § 1983 for retaliation. “[W]hen the only § 1983 cause of action is based on a violation of Title VII,” a plaintiffs “exclusive remedy” is provided by Title VII. Day v. Wayne Cnty. Bd. of Auditors, 749 F.2d 1199, 1204 (6th Cir. 1984). Thus, the right to be free from retaliation for protected activity under Title VII must be remedied by Title VII and not § 1983. See Long v. Laramie Cnty. Community College Dist., 840 F.2d 743, 752 (10th Cir.1988) (<HOLDING>); cf. Great American Fed. Savings & Loan Ass’n. Options: A. holding that plaintiffs claims under 42 usc 1981 are also governed by the special venue provision of title vii B. holding that allegations of employer retaliation are properly governed by title vii and cannot support a claim under 1983 C. holding that individual employees are not liable under title vii D. holding individual defendants are not an employer within meaning of title vii E. holding that a plaintiff can prove illegal retaliation under 1981 in the same manner as he establishes retaliation under title vii

assistant: The best answer is B. holding that allegations of employer retaliation are properly governed by title vii and cannot support a claim under 1983
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Instrument or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Instrument and the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The predecessor Asset Representations Reviewer will cooperate with the successor Asset Representations Reviewer engaged by the Issuer in effecting the transition of the Asset Representations Reviewer’s obligations and rights under this Agreement. The predecessor Asset Representations Reviewer will pay the reasonable expenses of the successor Asset Representations Reviewer in transitioning the Asset Representations Reviewer’s obligations under this Agreement and preparing the successor Asset Representations Reviewer to take on the obligations on receipt of an invoice with reasonable detail of the expenses from the successor Asset Representations Reviewer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and which, together, shall constitute one and the same instrument. Any such counterpart may contain one or more signature pages. This Agreement may be executed by facsimile or electronic signatures.

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 legal provision and list the applicable contract clause categories. Provision: (a) The Borrower has heretofore furnished to the Lenders its consolidated balance sheet and statements of operations, stockholders’ equity and cash flows as of and for the fiscal year ended December 31, 2015. Such financial statements present fairly, in all material respects, the consolidated financial position and consolidated results of operations and cash flows of the Borrower and its Consolidated Subsidiaries as of such date and for such fiscal year in accordance with GAAP.

assistant: Financial Statements
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, its performance and interpretation shall be governed by the substantive law of the State of Delaware, exclusive of its choice of law rules. Any dispute shall be resolved in an arbitration proceeding by one (1) arbitrator selected pursuant to the rules of the International Chamber of Commerce, to be conducted by the International Chamber of Commerce Court of Arbitration in accordance with the rules of such body as they then exist exclusively at the International Chamber of Commerce location in Paris, France.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall indemnify the Executive in accordance with its articles of organization and by-laws as in effect at the time indemnification is applicable. The Executive agrees promptly to notify the Company of any actual or threatened claim arising out of or as a result of his employment or offices with the Company or any of its Affiliates.

assistant: Indemnifications
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 make reasonable efforts to comply with all applicable federal, state and other applicable securities laws; provided, however, notwithstanding any other provision of this Agreement, the Company will not be obligated to issue any securities pursuant to this Agreement if the issuance thereof would result in a violation of any such law.

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 case excerpt and choose the best holding from the options. Case excerpt: exclusively on this Court’s decision in Brooks, which held that trial counsel was ineffective when he failed to meet with his capital client personally prior to trial. It emphasizes that Brooks was decided in 2003, nine years after Elliott’s 1994 trial, and created a duty for capital counsel that did not previously exist, thereby constituting a new development in the case law that was unknown to both trial and appellate counsel. Thus, the Commonwealth argues that trial counsel cannot be deemed ineffective for abdicating a non-existent duty, and appellate counsel could not have been ineffective in failing to challenge trial counsel’s stewardship, which, at the time, was considered to be constitutionally sufficient. See Commonwealth v. Harvey, 571 Pa. 533, 812 A.2d 1190, 1196-97 (2002) (<HOLDING>) (citing Commonwealth v. Bundy, 491 Pa. 607, Options: A. holding that it is well settled that the amount of time an attorney spends consulting with his client before trial is not by itself a legitimate basis for inferring the total extent of counsels pretrial preparation much less the adequacy of counsels preparation B. holding that counsels total failure to conduct pretrial discovery constituted ineffective assistance C. holding that total denial of compensation is the only appropriate sanction for nondisclosure of all facts bearing upon counsels eligibility and all connections with debtor including counsels retainer agreement D. holding that the time actually spent by counsel with the accused discussing his case is not necessarily related to and affords no basis for inferring the extent of total trial preparation E. holding an attorney is an agent of the client and therefore cannot conspire with the client

assistant: The best answer is A. holding that it is well settled that the amount of time an attorney spends consulting with his client before trial is not by itself a legitimate basis for inferring the total extent of counsels pretrial preparation much less the adequacy of counsels preparation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a party from prosecuting two actions for the same cause and against the same party, is tantamount to making the defendant with a compulsory counterclaim in the first action a ‘plaintiff in that action (for purposes of § 6-5-440) as of the time of its commencement. See, e.g., Ex parte Parsons & Whittemore Alabama Pine Constr. Corp., 658 So.2d 414 (Ala.1995); Penick v. Cado Systems of Cent. Alabama, Inc., 628 So.2d 598 (Ala.1993); Ex parte Canal Ins. Co., 534 So.2d 582 (Ala.1988). Thus, the defendant subject to the counterclaim rule who commences another action has violated the prohibition in § 6-5-440 against maintaining two actions for the same cause.” Ex parte Breman Lake View Resort, L.P., 729 So.2d 849, 851 (Ala.1999). See also University of South Alabama Found., 788 So.2d at 165 (<HOLDING>); Ex parte Parsons & Whittemore Alabama Pine Options: A. holding that the federal claims which arose from state court criminal contempt proceedings were inextricably intertwined with the state court action and thus the federal district court lacked subject matter jurisdiction over the claims pursuant to the rookerfeldman doctrine B. holding that the prosecution in a subsequent action of claims that had been compulsory counterclaims in a previously filed declaratoryjudgment action violated 65440 C. holding that district court did not abuse its discretion in considering merits of state law counterclaim that formed part of the same case as federal counterclaim even though court had dismissed federal counterclaim quoting 28 usc 1367a D. holding that federal district court had subject matter jurisdiction to hear case notwithstanding rookerfeldman doctrine where plaintiff filed federal suit while certiorari petition to new mexico supreme court was pending in similar state court action E. holding that a party in an action pending in a federal court was subject to the counterclaim rule and thus violated 65440 by commencing another action in a state court

assistant: The best answer is E. holding that a party in an action pending in a federal court was subject to the counterclaim rule and thus violated 65440 by commencing another action in a state court
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 Loan Parties and its Subsidiaries have (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), (iii) valid licensed rights in (in the case of licensed interests in intellectual property) and (iv) good title to (in the case of all other personal property) in all property necessary or used in the ordinary conduct of its business, except for immaterial defects in title, Permitted Liens and Dispositions permitted by Article VII . The property of each Loan Party and its Subsidiaries is subject to no Liens, other than Permitted Liens.

assistant: Liens
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 Court finds that testimony about that patient’s motivation would be quite probative of whether Defendant was issuing prescriptions out side the usual course of professional practice. Second, the Court notes that its ruling pertains only to the government’s case in chief. If the Defendant were himself to open the door in some way that would make the non-hearsay purpose for the proffered patient testimony relevant — such as presenting evidence or argument that Defendant’s patients chose to visit his practice for other reasons — the testimony may become admissible. Under these circumstances, the probative value of testimony that the patients in fact had other motivations would become significantly probative. See United States v. Johnson, 730 F.2d 683, 691 (11th Cir. 1984) (<HOLDING>). If the government contends that this has Options: A. holding that trial court properly ruled that once defense counsel opened the door on crossexamination evidences probative value was enhanced such that it outweighed its prejudicial effect B. holding that defendant cannot object to counsels attempt to rebut proposition once defendant has opened door to line of testimony C. holding that defense counsel opened the door to the prosecutions questioning of the defendant about prior convictions when defense counsel asked a prosecution witness whether he was aware that the defendant was a convicted felon D. holding that defense counsel opened the door to the states rebuttal remarks when defense counsel raised the issue in his closing argument E. holding that defense counsel opened the door to response by prosecutor when he tried to turn defendants failure to testify to his advantage in closing argument

assistant: The best answer is A. holding that trial court properly ruled that once defense counsel opened the door on crossexamination evidences probative value was enhanced such that it outweighed its prejudicial effect
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 agreements in this Section 11.04 and the indemnity provisions of Section 11.02(e) shall survive the resignation or replacement of the Administrative Agent, the replacement of any Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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: Provided that on the date of your death you are still employed by the Corporation and your rights in respect of your Award have not been previously terminated, any then unvested outstanding Award shall immediately vest and be paid to the representative of your estate promptly after your death.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Failure or delay by either party to insist on the strict performance of any covenant, term, provision or condition hereunder, or to exercise any option herein contained, or to pursue any claim or right arising herefrom, shall not constitute or be construed as a waiver of such covenant, term, provision, condition, option, claim or right (except that if a party proceeds to Closing, notwithstanding the failure of a condition to its obligation to close, then such condition shall be deemed waived by virtue of the Closing). Any waiver by either party shall be effective only if in a writing delivered to the other party hereto and setting forth, with specificity, the covenant, term, provision or condition so waived. Any such waiver shall not constitute or be construed as a continuing waiver of any subsequent default.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute but one and the same instrument. This Agreement will become effective when duly executed and delivered by each party hereto. Counterpart signature pages to this Agreement may be delivered by facsimile or electronic delivery ( i.e ., by email of a PDF signature page) and each such counterpart signature page will constitute an original for all purposes.

assistant: Counterparts