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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: must have an interest apart from the fact of the tradition itself.”); Golinski, 824 F.Supp.2d at 998 (“[T]he argument that the definition of marriage should remain the same for the definition’s sake is a circular argument, not a rational justification.”). Notably, the rationale provided by Defendants as legitimate interests to support Section 32 (procreation, childrearing, and perhaps tradition), is the same rationale that has been uniformly rejected by district courts in the most recent same-sex marriage cases. See, e.g., Bostic, 970 F.Supp.2d at 475, 2014 WL 561978, at *15 (noting that “tradition alone cannot justify denying same-sex couples the right to marry any more than it could justify Virginia’s ban on interracial marriage.”); Bourke, - F.Supp.2d at -, 2014 WL 556729, at *7 (<HOLDING>); Bishop, 962 F.Supp.2d at 1291-92, 2014 WL Options: A. holding that parole status alone is insufficient to justify search of a parolee B. holding that contributory trademark infringement requires some predicate act of infringement C. holding that prior salary alone without consideration of skill or experience cannot justify pay disparities D. holding that tradition cannot alone justify the infringement on individual liberties E. holding that willful copyright infringement alone was enough to establish purposeful availment

assistant: The best answer is D. holding that tradition cannot alone justify the infringement on individual liberties
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 addition , when using particular yahoo owned or operated services , you and yahoo shall be subject to any posted guidelines or rules applicable to such services , which may be posted and modified from time to time .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in any way defective. The motorcycle operated well; it was driver error that caused the accident. ¶ 11. Furthermore, we conclude that in undertaking to retail motorcycles by providing test drives, defendant is neither “performing a service of great importance to the public, which is often a matter of practical necessity for some members of the public,” nor holding itself “out as willing to perform this service for any member of the public who seeks it.” Tunkl, 383 P.2d at 445. Motorcycle dealerships do not provide a public service, which is a necessity for some members of the public. See Jones v. Dressel, 623 P.2d 370, 377 (Colo. 1981) (concluding that flight service for parachute jumping was not a matter of public interest); Mann v. Wetter, 785 P.2d 1064, 1066-67 (Or. Ct. App. 1989) (<HOLDING>); Blide v. Rainier Mountaineering, Inc., 636 Options: A. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice B. holding that there were no public policy considerations to prevent a diving school from limiting liability for its own negligence C. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service D. holding that diving school did not provide an essential public service E. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public

assistant: The best answer is D. holding that diving school did not provide an essential public service
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 show-up was unduly suggestive. We agree with the trial court that the show-up was not “so imper-missibly suggestive as to give rise to a very substantial likelihood of misidentification.” Maddox v. United States, 745 A.2d 284, 292 (D.C. 2000) (internal quotation marks omitted). Show-up identification procedures following the commission of a crime typically involve some suggestivity, and “something more egregious than mere custodial status is required to establish” impermissible suggestivity. Singletary v. United States, 383 A.2d 1064, 1068 (D.C. 1978). At the time of the show-up in this case, Mr. Wade was in handcuffs between two police cars. Such circumstances do not rise to the level of impermissible suggestivity. See, e.g., Howard v. United States, 954 A.2d 415, 423 (D.C. 2008) (<HOLDING>); Diggs v. United States, 906 A.2d 290, 300 Options: A. holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight B. holding that showup identification proce dure was not unduly suggestive where officer said to eyewitness we got two guys in the car similar to the ones you told us about C. holding that a showup identification was not impermissibly suggestive where it took place immediately after the unlawful conduct and was necessary to avoid arresting the wrong person D. holding showing of a single photo is unduly suggestive E. holding that a showup identification was valid even though the suspect was handcuffed

assistant: The best answer is A. holding that showup identification procedure was not unduly suggestive where defendant was handcuffed and placed under police spotlight
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) Each Loan Party is validly existing and, to the extent such concept is applicable in the relevant jurisdiction, in good standing under the Laws of its jurisdiction of organization; and (b) each Loan Party is duly qualified to do business in each jurisdiction where, because of the nature of its activities or properties, such qualification is required, except for such jurisdictions where the failure to so qualify would not have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a child’s surname may be modified “‘only where the record affirmatively shows that such change is required for the welfare of the minor.’ This standard, emphasizing best interests of the child rather than parents, would accord effect to the same factors governing custody.” Collinsworth, 508 So.2d at 747 (citations omitted). Section 382.013(3), Florida Statutes (1997), does not permit a change of surname based only on a finding of paternity. The Collinsworth court explained that the discretion of the trial judge in these cases must “be exercised on the basis of some evidence other than the parties’ conclusory assertions_” The Col-linsworth court further explained that in the absence of sufficient evidence to show that the name change would be in the best interest of the child, “t 990)(<HOLDING>); Girten v. Andreu, 698 So.2d 886, 888 (Fla. 3d Options: A. holding that when information which potentially undermines the best interest of the child as well as the interest sought to be protected by the legitimation statutes and the policy of this state it must first be tested in light of the best interest of the child standard B. holding in a paternity action that the selection and change of the childs surname from the name chosen by the mother must be based on the trial courts determination that renaming is in the childs best interests and the record must affirmatively show such a name change is required for the welfare of the minor child C. holding that the trial court did not abuse its discretion in changing the wording in a verdict form after the jury was discharged when the change was not demonstrably prejudicial D. holding that the trial court abused its discretion in changing the surname of the child and explaining that the mere fact that paternity has been established does not automatically entitle the father to insist the child be given his surname E. holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child

assistant: The best answer is E. holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child
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 conclude that criminal activity was afoot, ... but rather the kind of behavior that could reasonably be expected of anyone [traveling on an interstate highway].” 446 U.S. at 572, 100 SCt at 1886, 64 L.Ed.2d 497. Consequently, even giving Swets the benefit of his training and experience, and considering all factors together, he had a mere “inchoate and unparticularized suspicion or ‘hunch,’ ” rather than “specific reasonable inferences which he is entitled to draw from the facts in light of his experience.” See Mendenhall, 446 U.S. at 573, 100 S.Ct. at 1887, 64 L.Ed.2d 497 (citation omitted). Conclusion [¶ 29.] Considering the observations of Swets as a whole together with his training and experience, the information available to him at the time of the det E.2d 430, 436 (2001) (<HOLDING>). 3 . Buchanon involved the same question Options: A. holding that for general safety purposes an officer may routinely order the driver of a lawfully stopped vehicle to exit the vehicle because when the vehicle is already stopped the slight additional intrusion associated with being directed to exit the car can only be described as de minimis B. holding that the arresting officer did not have probable cause to stop the defendant for obstructing traffic because there was no evidence of intent to impede or hinder traffic where the vehicle was only briefly stopped in the roadway and the officer approaching the vehicle from behind did not have to stop or drive around the defendants vehicle C. holding that once a vehicle has been lawfully stopped an officer may order the driver out of the vehicle without violating the fourth amendment D. holding canine sniff of a vehicle validly stopped for a headlight violation was not unreasonable given that the driver was being issued a ticket at the time a second officer arrived on the scene and ran the drug dog around the vehicle E. holding dog sniff of a vehicle parked on a public street did not violate the fourth amendment when canine sniff was conducted after the driver was validly stopped and arrested for driving on a suspended license

assistant: The best answer is D. holding canine sniff of a vehicle validly stopped for a headlight violation was not unreasonable given that the driver was being issued a ticket at the time a second officer arrived on the scene and ran the drug dog around the vehicle
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 reflected in the Disclosure Schedule or as contemplated by Section 9.6 hereof, the Company is not obligated to pay any compensation or other fee, cost or related expenditure to any underwriter, broker, agent or other representative in connection with the transactions contemplated by this Agreement. The Company will indemnify and hold harmless the Investors from and against any claim against the Investors by any Person alleging that, as a result of any agreement or arrangement between such Person and the Company, the Investors is obligated to pay any such compensation fee, cost or related expenditure in connection with the transactions contemplated hereby or the other Transaction Documents.

assistant: Fees
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: (1991) (“Considerations in favor of stare decisis are at their acme in cases involving property and contract rights, where reliance interests are involved[.]”); see also Planned Parenthood v. Casey, — U.S.-, -, 112 S.Ct. 2791, 2809, 120 L.Ed.2d 674 (1992) (“[T]he classic ease for weighing reliance heavily in favor of fobowing the earber rule occurs in the commercial contextf.]”). Upsetting what may very web be the legitimate expectations of one or more of the parties under the rubric of “treating similarly situated parties the same” may simply be unjustified. A similar concern for the rebanee interests of state and local governments imposing taxes motivated the plurahty’s opinion in American Trucking Ass’ns v. Smith, 496 U.S. 167, 182-83, 110 S.Ct. 2323, 2333, 110 L.Ed.2d 148 (1990) (<HOLDING>). In the tort context, however, a party’s Options: A. holding that previous decision invalidating highway use equalization tax should not be appbed retroactively because of inequity of unsettling actions taken in rebanee on overruled precedents B. holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety C. holding that the essential purpose of use tax is the recoupment of lost sales tax revenue D. holding a tribe subject to 1 a tax on the use of certain highway motor vehicles 26 usc 4481a 2 a tax on diesel fuel used in highway vehicles 26 usc 4041a 3 a tax on special fuels used in motor vehicles 26 usc 4041b and 4 a tax on manufacturing in this case a truck chassis assembled by the tribe 26 usc 4061a 4218a E. holding contractor not responsible for use tax where tax exempt entity purchased the materials used

assistant: The best answer is A. holding that previous decision invalidating highway use equalization tax should not be appbed retroactively because of inequity of unsettling actions taken in rebanee on overruled precedents
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 representations and warranties of the Loan Parties contained herein or made in connection herewith shall survive the execution and delivery of this Agreement and the completion of the transactions hereunder until Payment In Full. All covenants and agreements of the Borrowers contained herein relating to any Cash Collateralized Letters of Credit, payment of additional compensation or expenses and indemnification, including those set forth in Section 5 [Payments] and Section 11.3 [Expenses; Indemnity; Damage Waiver], shall survive Payment In Full. All other covenants and agreements of the Loan Parties shall continue in full force and effect from and after the date hereof and until Payment In Full.

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: There are no actions, suits, investigations, criminal prosecutions, civil investigative demands, imposition of criminal or civil fines or penalties, claims, disputes or proceedings by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower (i) that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect, or (ii) as of the Closing Date, that involve this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the knowledge of the Borrower, ( 1 ) the Borrower and each of its Restricted Subsidiaries has filed or caused to be filed all material tax returns which are required to be filed by it and has paid ( a ) all Taxes shown to be due and payable on such returns and ( b ) all Taxes shown to be due and payable on any assessments of which it has received notice made against it or any of its property (including the Mortgaged Fee Properties) and all other Taxes imposed on it or any of its property by any Governmental Authority; and ( 2 ) no tax Liens have been filed (except for Liens for Taxes not yet due and payable), and no claim is being asserted in writing, with respect to any such Taxes (in each case under the preceding clauses (1) and (2) other than in respect of any such ( i ) Taxes with respect to which the failure to pay, in the aggregate, would not have a Material Adverse Effect or ( ii ) Taxes the amount or validity of which are currently being contested in good faith by appropriate proceedings diligently conducted and with respect to which reserves in conformity with GAAP have been provided on the books of the Borrower or its Restricted Subsidiaries, as the case may be).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Company shall pay to the Executive a salary of $470,000.00 per annum, payable consistent with the Company’s standard payroll practices then in effect (“Base Salary”). Such Base Salary shall be reviewed by the Compensation Committee of Advance’s Board of Directors (hereinafter the “Compensation Committee”) at least annually, with any changes taking into account, among other factors, Company and individual performance.

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 legal provision and list the applicable contract clause categories. Provision: You will be eligible to participate in all retirement, health, and welfare programs made available or sponsored by SHO on a basis no less favorable than other SHO executive officers, in accordance with the applicable terms, conditions, and availability of those programs.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms of this Agreement and the payment obligations set forth herein, this Agreement will remain in effect until terminated in accordance with the terms of the Agreement. Upon a termination of employment, and to the extent requested in writing by the Company, you agree to resign from all positions you may hold with the Company, including as a member of the Board, and any of its subsidiaries or affiliated entities at such time (including as a member of the Board and the boards or equivalent governing bodies of any subsidiaries or entities).

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: Subject to the terms and conditions of this Agreement, each Party agrees to execute such documents and other papers and use its reasonable efforts to perform or cause to be performed such further acts as may be reasonably required to carry out the provisions contained in this Agreement and the Ancillary Agreements, including (a) preparing and filing as promptly as practicable with any Governmental Authority or other third party all documentation to effect all necessary filings, notices, petitions, statements, registrations, submissions of information, applications and other documents, (b) obtaining and maintaining all Consents required to be obtained from any Governmental Authority or other Person that are necessary, proper or advisable to consummate the Transactions, (c) cooperating and assisting in the prompt transitioning of the management of the Company Funds, and (d) providing to Wells Fargo Bank, N.A. the supplementary information that the Company has agreed to provide to Wells Fargo Bank, N.A. in order for Wells Fargo Bank, N.A. to adequately prepare its quarterly special report. Following the Closing, upon the reasonable request of any Party, the other Party agrees to (x) promptly execute and deliver such further instruments of assignment, transfer, conveyance, endorsement, direction or authorization and other documents as may be reasonably requested to effectuate the purposes of this Agreement and the Ancillary Agreements, and (y) cooperating and assisting in the prompt transitioning of the management of the Funds. To the extent that action or lack of action on the part of an Affiliate of a Party is necessary in order for such Party to fulfill any of its obligations under this Agreement or any of the Ancillary Agreements, then each of the foregoing obligations shall be deemed to include an undertaking on the part of such Party to cause such Affiliate to take, or prevent such Affiliate from taking, such necessary action.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall assist the Administrative Agent with, and take all actions reasonably requested by the Administrative Agent in connection with, the engagement of servicers, medical underwriters and tracking agents and the enabling of such parties to perform the services for which they have been retained by the Administrative Agent relating to the Pledged Policies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received counterparts hereof duly executed by the Borrower and the Lenders, which may be delivered by the means described in Section 7.3 (or, in the case of any party as to which an executed counterpart shall not have been received, email, facsimile, or other written or electronic confirmation from such party of execution of a counterpart hereof by such party).

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: used while operating the manufacturing plant on the Site. This evidence was disputed, inconclusive and ultimately unhelpful in an analysis of contribution based on ownership of facilities. Although progress payments that included indirect costs, for example, purportedly gave the Government title to the chemicals during contract periods, title to these products reverted to TDY at the conclusion of a contract. Regardless, ownership of the hazardous substance is not dispositive. In assessing the roles of the parties before the Court, the critical issue for an equitable allocation under CERCLA is control over the disposal of the contaminants at the Site, not which party held title to the contaminants. See e.g., Lockheed Martin Corp. v. United States, 35 F.Supp.3d 92, 134-135 (D.D.C.2014) (<HOLDING>). Similarly the Court does not afford much Options: A. holding that when an agency has not reached an issue the proper course is to remand to the agency to address it in the first instance B. holding that the critical issue is not ownership in the first instance but rather the parties respective control over the disposal of hazardous substances C. holding that when an agency has not reached an issue the proper course is to remand to the agency to address in the first instance D. holding that because parties elected to bring the case to the appellate court in the first instance the appeal could not then be dismissed just to confer jurisdiction upon the district court to determine the issues E. holding that when an agency has not reached an issue the proper course is to remand to the agency in the first instance to address

assistant: The best answer is B. holding that the critical issue is not ownership in the first instance but rather the parties respective control over the disposal of hazardous substances
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: is a taking, plaintiff has not alleged a property interest subject to a constitutional taking claim nor has plaintiff alleged any cognizable taking. Moreover, the Federal Circuit has explained that the Court of Federal Claims “does not have general equity jurisdiction to grant injunctive relief.” Shemonsky v. United States, 215 F.3d 1340 (Fed.Cir.1999) (upholding decision of the Court of Federal Claims that the courts jurisdiction did not extend to injunctive or declaratory relief); see also Bank of Guam v. United States, 578 F.3d 1318, 1331 (Fed.Cir.) reh’g and reh’g en banc denied (Fed. Cir. 2009), cert. denied, 561 U.S. 1006, 130 S.Ct. 3468, 177 L.Ed.2d 1056 (2010); Martinez v. United States, 333 F.3d 1295, 1303 (Fed.Cir.2003); Choate v. United States, 60 F.3d 840 (Fed.Cir.1995) (<HOLDING>). As stated by the Federal Circuit: The Court Options: A. holding that the tucker act grants the united states court of federal claims jurisdiction to grant nonmonetary relief in connection with contractor claims including claims requesting an interpretation of contract terms B. holding that the tucker act does not provide independent jurisdiction over claims for injunctive relief in contractual dispute cases C. holding that the eleventh amendment does not prevent private individuals from bringing suit against state officials for prospective injunctive or declaratory relief for ongoing violations of federal law D. holding that this court does not have jurisdiction over tax claims for declaratory or equitable relief E. holding that the tucker act does not provide a means by which the court of federal claims may grant injunctive or declaratory relief where the suit does not involve a preaward protest or the application of section 7428 of the internal revenue code

assistant: The best answer is E. holding that the tucker act does not provide a means by which the court of federal claims may grant injunctive or declaratory relief where the suit does not involve a preaward protest or the application of section 7428 of the internal revenue code
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: serve an important countervailing interest. See 424 U.S. at 813, 96 S.Ct. 1236. “Abstention from the exercise of federal jurisdiction is the exception, not the rule.” Id. Abstention is appropriate where an action presents difficult questions of state law bearing on policy problems of substantial public import which transcend the result in the case before the court. See Colo. River Conservation Dist. v. United States, 424 U.S. at 814, 96 S.Ct. 1236 (“Abdication of the obligation to decide cases can be justified under this doctrine only in the exceptional circumstances where the order to the parties to repair to the state court would clearly serve an important countervailing interest.”); La. Power and Light Co. v. City of Thibodaux, 360 U.S. 25, 28-30, 79 S.Ct. 1070, 3 L.Ed.2d 1058 (1959)(<HOLDING>); Burford v. Sun Oil Co., 319 U.S. 315, 316-35, Options: A. holding that a state agency created under state law was a state actor B. holding that pursuit of a parallel state court lawsuit involving claims and parties common to the federal action does not justify the district courts intervention in state court proceedings C. holding that the district court had discretion to stay declaratory judgment action where parallel proceedings presenting opportunity for ventilation of the same state law issues were underway in state court D. holding that a federal action was properly stayed pending the outcome of parallel state proceedings where the action involved a matter of state policythe scope of eminent domain powers of municipalities under state law E. holding that while the fourteenth amendment is directed against state action and not private action the state action requirement is met in a civil action where state law is applied whether by statute or common law

assistant: The best answer is D. holding that a federal action was properly stayed pending the outcome of parallel state proceedings where the action involved a matter of state policythe scope of eminent domain powers of municipalities under state law
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: taxes that would arise out of the Asset Sale. On December 14, 1998, Scott filed a motion to intervene and for judgment on the pleadings. On December 17, 1998, the indenture trustee filed a motion for summary judgment, asserting that the order confirming the Delaware Plan barred the government’s recharacterization and equitable subordination claims. On March 9, 1999, the court granted Scott’s motion to intervene. On April 26,1999, the court granted the indenture trustee’s motion for summary judgment. See In re Scott Cable Communications, Inc., 232 B.R. 558 (Bankr.D.Conn.1999). The government appealed. On March 9, 2001, the district court reversed and remanded. See United States v. State Street Bank and Trust Co. (In re Scott Cable Commc’ns, Inc.), 259 B.R. 536, 547-48 (D.Conn.2001) (<HOLDING>). Thereafter, in response to a sua sponte order Options: A. holding a judgment aggrieves a party if it directly affects some pecuniary or property interest that the party possesses B. holding that when the government acts to enforce public rights the mere fact that the government has no pecuniary interest in the controversy is not sufficient to exclude it from the courts C. holding that even assuming government was a party in interest in the delaware case and that the party in interest status was sufficient to make the delaware plan binding upon it the government did not receive adequate notice that confirmation might affect its pecuniary interest D. holding the government waived its standing argument when it was put on notice the defendant would claim a privacy interest E. holding that when a state sues on behalf of its residents without a sovereign or quasisovereign interest it is only a nominal party and thus not the real party in interest

assistant: The best answer is C. holding that even assuming government was a party in interest in the delaware case and that the party in interest status was sufficient to make the delaware plan binding upon it the government did not receive adequate notice that confirmation might affect its pecuniary 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: This Agreement and the Plan and, to the extent applicable to the Participant, any written employment agreement between the Participant and the Company, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede in their entirety all prior undertakings and agreements between the parties with respect to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. Facsimile or other electronic transmission of any executed original document shall be deemed to be the same as the delivery of the executed original.

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: the case, the district court granted the Diocese summary judgment on the basis that the Diocese’s claim against Gallagher was contractual. This time around, the summary judgment burden was on the Diocese, rather than Gallagher. Moreover, the district court considered additional evidence in granting the Diocese summary judgment, evidence that it did not have the opportunity to consider when it erroneously granted Gallagher summary judgment on the same issue. The Diocese even emphasizes this point in its brief: “On remand, the trial court was presented with even stronger evidence than before on the issue of Gallagher’s liability.” This court will not apply the law of the case to factual determinations if there is a different standard of review in the two appeals. See Royal, 3 F.3d at 881 (<HOLDING>). This court has also held that the law of the Options: A. holding same as to the filing of a notice of an interlocutory appeal B. holding that an interlocutory appeal lies from a denial of summary judgment on a qualified immunity claim C. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal D. holding that because the standard of review for factual determinations on direct appeal is higher than the standard applied during an interlocutory appeal of a preliminary injunction the interlocutory appeal normally will not establish law of the case on factual matters E. holding that jurisdiction for interlocutory appeal was lacking where defendants arguments rested on factual not legal grounds

assistant: The best answer is D. holding that because the standard of review for factual determinations on direct appeal is higher than the standard applied during an interlocutory appeal of a preliminary injunction the interlocutory appeal normally will not establish law of the case on factual matters
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not paying to clean up after leafleteers, supports the public perception of partisan neutrality, and prevents disruptions to the flow of traffic. (Doc. 86 at 12). Defendants have failed, however, to identify evidence in the record that the restriction, as applied to Plaintiff, “reasonably fulfills a legitimate need.” Sammartano, 303 F.3d at 967. First, Defendants have provided no evidence that Plaintiffs leafleting activities— or anyone else’s leafleting activities for that matter — are likely to cause extra clean up for the County. Moreover, even if leafleting would create extra clean-up costs for the County, a mere increase in cleaning costs is not a reasonable grounds on which to restrict leafleting. Martin v. City of Struthers, 319 U.S. 141, 143, 63 S.Ct. 862, 87 L.Ed. 1313 (1943) (<HOLDING>). Nor does the record show that there is a risk Options: A. holding that lack of standing cannot be waived and may be raised for the first time by an appellate court on its own motion B. holding that florida law dictates that credit cannot be given for time served on community control C. holding duty on imports withdrawn from bonded warehouses must be assessed on the basis of weight at the time of original entry not as previously provided for at time of withdrawal D. holding that the right to distribute literature cannot be withdrawn based on the minor nuisance for a community of cleaning litter from its streets E. holding that credit cannot be awarded for time served on community control

assistant: The best answer is D. holding that the right to distribute literature cannot be withdrawn based on the minor nuisance for a community of cleaning litter from its streets
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: No representation or warranty or other statement made by Seller in this Agreement, the Disclosure Schedule, any supplement to the Disclosure Schedule, the certificates delivered pursuant to Section 3.2.1 or otherwise in connection with the Contemplated Transactions contains any untrue statement of or omits to state a material fact necessary to make any of them, in light of the circumstances in which it was made, not misleading. Seller does not have Knowledge of any fact that has specific application to Seller (other than general economic or industry conditions) and that may materially adversely affect the Assets, Business, prospects, financial condition or results of operations of Seller that has not been set forth in this Agreement or the Disclosure Schedule.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Agreement shall become effective when each Party shall have received a counterpart hereof signed by all of the other Parties. Until and unless each party has received a counterpart hereof signed by the other party hereto, this Agreement shall have no effect and no party shall have any right or obligation hereunder (whether by virtue of any other oral or written agreement or other communication). The exchange of a fully executed Agreement (in counterparts or otherwise) by electronic transmission in .PDF format or by facsimile shall be sufficient to bind the parties to the terms and conditions of this 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: or death shall be applica ble for the full period during which compensation is payable.” In this case, the trial court awarded the employee TTD benefits of $771 per week from December 21, 2012, to July 1, 2013, which was the average weekly wage in effect at the time of the employee’s accident, but $788 per week from July 1, 2013 .to January 28, 2014, .based upon the director’s determination of the average weekly wage of the state as of July 1, 2013. The employer contends, and the employee concedes, that the increase in. the TTD benefits from July 1, 2013, mandated by the trial court was contrary to § 25-5- d for review was final and ordered that the petition would instead be treated as an appeal. See generally Ex parte Lowe's Home Ctrs., LLC, 209 So.3d 496, 502 (Ala.Civ.App.2016) (<HOLDING>). Because the trial court’s ruling was a final Options: A. holding that if a trial court enters a judgment finding that an injury is compensable ordering payment for medical treatment and awarding temporarytotaldisability benefits regardless of whether the amount of those benefits is specified in the judgment this court will treat such a judgment as final for purposes of appeal B. holding that order finding that injury arose out of and in the course of the employment and awarding medical benefits was interlocutory order that would not support appeal C. holding that an order not denominated a judgment is not final for purposes of appeal D. holding that even an order that establishes entitlement to a judgment is not final unless it actually enters or renders a judgment or includes specific language of finality necessary for a judgment to be considered final for purposes of an appeal E. holding trial court may make a judgment final for purposes of appeal by severing the causes and parties disposed of by the judgment into a different cause

assistant: The best answer is A. holding that if a trial court enters a judgment finding that an injury is compensable ordering payment for medical treatment and awarding temporarytotaldisability benefits regardless of whether the amount of those benefits is specified in the judgment this court will treat such a judgment as final for purposes of appeal
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: Assignor hereby assigns, transfers and conveys to Assignee all of Assignor’s right, title and interest as landlord or lessor in, to and under the Leases; provided, that Assignor reserves the right to receive and collect any rents due from the tenants under the Leases prior to the date hereof.

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: The rights contained in this Section 1.4 shall be personal to the original Tenant executing this Lease and any Affiliate Assignee (" Original Tenant ") and any Affiliate Assignee, and may only be exercised by the Original Tenant or such Affiliate Assignee (and not any other assignee, sublessee or other transferee of the Original Tenant's interest (or Affiliate Assignee's interest) in this Lease) if the Original Tenant or such Affiliate Assignee (together with any subtenant of a Permitted Transfer) actually occupies at least seventy-five percent (75%) of the entire Premises then leased by Original Tenant or such Affiliate Assignee as of the date of Tenant's exercise of its right of first refusal. In addition, at Landlord's option and in addition to Landlord's other remedies set forth in this Lease, at law and/or in equity, Tenant shall not have the right to lease the First Refusal Space as provided in this Section 1.4 if, as of the date of the First Refusal Notice, or, at Landlord's option, as of the scheduled date of delivery of such First Refusal Space to Tenant, Tenant is in default under this Lease beyond the expiration of all applicable notice and cure periods or if Tenant has previously been in default beyond the expiration of all applicable notice and cure periods under this Lease more than once in the previous twelve (12) months.

assistant: No Defaults
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: Wherever possible, each provision of this Third Amendment shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Third Amendment shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Third Amendment.

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: This Agreement may be executed in two or more identical counterparts, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party; provided that a facsimile or pdf (or other electronic reproduction) signature shall be considered due execution and shall be binding upon the signatory thereto with the same force and effect as if the signature were an original, not a facsimile or PDF (or other electronic reproduction ) signature.

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: Assignment or attempted assignment by each Seller Party of this Agreement or any rights hereunder without first obtaining the specific written consent of Buyer, or the granting by each Seller of any security interest, lien or other encumbrances on any Purchased Assets to any person other than Buyer, the granting by a Seller Party Subsidiary of any security interest, lien or other encumbrances on any Contributed Mortgage Loan, any Contributed Rental Property or any Contributed REO Property to any person other than Buyer or nominee approved by Buyer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does not seek to arrest state tax collection, comity is no bar to such a result. See Hibbs, 542 U.S. at 93, 124 S.Ct. 2276 (citing Griffin v. County Sch. Bd., 377 U.S. 218, 233, 84 S.Ct. 1226, 12 L.Ed.2d 256 (1964) as a case where the Court acted without regard to the TIA (or related comity concerns) since, when the Court was “faced with unconstitutional closure of county public schools and tuition grants and tax credits for contributions to private segregated schools,” it concluded that the “District Court could require county to levy taxes to fund nondiscriminatory public schools” (emphasis added)). This conclusion means that our decision in U.S. Brewers is no longer good law, which we are not bound to follow. United States v. Rodríguez-Pacheco, 475 F.3d 434, 441 (1st Cir.2007) (<HOLDING>). In sum, Hibbs effected a change in the law Options: A. recognizing an exception to stare decisis where an existing panel decision is undermined by controlling authority subsequently announced such as an opinion of the supreme court quoting williams v ashland engg co 45 f3d 588 592 1st cir1995 B. holding stare decisis applies when one court of appeals panel is faced with previous decision of different panel C. holding that stare decisis is not applicable unless the issue was squarely addressed in a prior decision D. recognizing such an exception E. holding that decision by panel of this court is established precedent under rules of stare decisis

assistant: The best answer is A. recognizing an exception to stare decisis where an existing panel decision is undermined by controlling authority subsequently announced such as an opinion of the supreme court quoting williams v ashland engg co 45 f3d 588 592 1st cir1995