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: a series of mergers, the original seven have become BellSouth, QuestDex, SBC, and Verizon. The RBOCs generally did not continue to operate their directory publishing businesses as part of their regulated telephone operations, but instead created separate publishing subsidiaries. These RBOC-affiliated directory publishers continued to dominate the industry. One reason for this was that the RBOCs did not make access to directory listings available to independent publishers on terms consistent with those on which they were made available to their own publishing affiliates. A series of legal challenges to this practice helped to even the playing field for independent publishers. See, e.g., Feist Publ. Inc. v. Rural Tel. Serv. Co., 499 U.S. 340, 363, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991) (<HOLDING>); Great Western Directories, Inc. v. Options: A. holding that telephone users have no expectation of privacy in dialed telephone numbers because they voluntarily expose such information to the service provider B. holding that a telephone companys white pages lack the requisite originality for copyright protection where the telephone company merely published basic subscriber information name town and telephone number and arranged it alphabetically based on surnames C. holding that names towns and telephone numbers of utilitys subscribers are not entitled to copyright protection D. holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company E. holding that that choices as to selection and arrangement are entitled to copyright protection only so long as they are made independently

assistant: The best answer is C. holding that names towns and telephone numbers of utilitys subscribers are not entitled to copyright protection
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: It is so ordered. BARKETT, C.J., and OVERTON, MCDONALD, GRIMES, KOGAN and HARDING, JJ., concur. 1 . Dilution is discussed infra. 2 . See also Junior Food Stores of W. Fla., Inc. v. Jr. Food Stores, Inc., 226 So.2d 393, 397 (Fla. 1969) (denying injunction of trade name use, noting that mere confusion shown by postal, sales, and delivery persons is not sufficient for injunction. "The test is satisfied when it is shown by one seeking injunctive relief that, because of a similarity of tradenames, potential customers of the first appropriator of a tradename actually do business with a second appropriator under the mistaken impression that they are doing business with the first appropriator.”); Williamson v. Answer Phone of Jacksonville, Inc., 118 So.2d 248, 251-52 (Fla. 1st DCA1960) (<HOLDING>); cf. Richard Store Co. v. Richard's Warehouse Options: A. holding the court cannot find intent where the consent judgment fails to mention the cause of action B. recognizing cause of action C. recognizing the cause of action D. holding that a statute is not vague where the words themselves possess a common and generally accepted meaning E. recognizing that descriptive and generic words generally cannot be exclusively appropriated and that where intent to defraud the public is alleged a cause of action is stated

assistant: The best answer is E. recognizing that descriptive and generic words generally cannot be exclusively appropriated and that where intent to defraud the public is alleged a cause of action is stated
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: None of the officers or directors of the Parent and, to the knowledge of the Parent, none of the employees of the Parent is presently a party to any transaction with the Parent or any subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Parent, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee or partner.

assistant: Transactions With Affiliates
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: (D.P.R.2006) ("The motion as to preliminary injunction is DENIED as the Court considers that the preliminary in-junctive relief in this case, being one to determine likelihood of success and there being no 'smoking gun’ evidence, precludes the Court, at this stage, from deciding issues of credibility, weighing of evidence, and issues of motive and intent in order to determine the required injunctive criterion of ‘likelihood of success.' The Court is of the opinion that the described issues are outcome determinative to be made by the jury.”); Franklin v. Ciroli, 865 F.Supp. 940, 947 (D.Mass. 1994) (Tauro, J.) (citing Spencer Co., 489 F.2d at 707); Data Gen. Corp. v. Grumman Sys. Support Corp., 1988 WL 159936, *4, No. 88-0033-S, 1988 U.S. Dist. LEXIS 16427, at *11 (D.Mass. Dec. 29, 1988) (<HOLDING>). See also Waldmann Lighting Co. v. Halogen Options: A. recognizing that the district court is not bound by its prior factual findings determined in a preliminary injunction hearing B. holding preliminary injunction improper where it exceeded the relief sought and granted the same relief which would have been given in a final order of permanent injunction C. holding that plaintiffs were not entitled to a preliminary injunction D. holding that a hearing must be held to determine credibility in preliminary injunction cases E. recognizing the inappropriateness of a preliminary injunction where credibility determinations must be made but granting a preliminary injunction because the legal and factual issues have been sufficiently illuminated

assistant: The best answer is E. recognizing the inappropriateness of a preliminary injunction where credibility determinations must be made but granting a preliminary injunction because the legal and factual issues have been sufficiently illuminated
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 multiple counterparts (including by facsimile signature), each of which will be deemed to be an original, but all of which together will constitute but one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Plan, the granting and vesting of awards under this Plan, the offer, issuance and delivery of Common Shares, and/or the payment of money under this Plan or under awards are subject to compliance with all applicable federal, state, local and foreign laws, rules and regulations (including but not limited to state and federal securities law and federal margin requirements) and to such approvals by any listing, regulatory or governmental authority as may, in the opinion of counsel for the Corporation, be necessary or advisable in connection therewith. The person acquiring any securities under this Plan will, if requested by the Corporation or one of its Subsidiaries, provide such assurances and representations to the Corporation or one of its Subsidiaries as the Administrator may deem necessary or desirable to assure compliance with all applicable legal and accounting requirements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower and each other Loan Party waives, discharges, and forever releases Agent, each Lender and each Lender Party from and of any and all claims, causes of action, allegations or assertions that Borrower has or may have had at any time up through and including the date of this Amendment, against any or all of the foregoing, regardless of whether any such claims, causes of action, allegations or assertions are known to such Loan Party or whether any such claims, causes of action, allegations or assertions arose as result of actions or omissions of Agent, any Lender or any Lender Party in connection with the Loan Documents, or any amendments, extensions or modifications thereto, or Agent’s administration of the debt evidenced by the loan documents or otherwise.

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: You agree that in your work for the Company, you will not use or disclose any confidential information, including trade secrets of any current or former employer or third party to whom you have any obligation of confidentiality. You further agree that you can perform your duties to the Company without reliance on any such confidential information or trade secrets of any current or former employer or third party. You agree that you will not bring onto the Company’s premises, or transmit or store using any electronic communication equipment or computer network or system of the Company, any unpublished documents or property belonging to any current or former employer or third party to whom you have any obligation of confidentiality, including any documents or property containing confidential information or trade secrets. You represent and agree that in connection with your anticipated employment with the Company, including during your discussions with the Company, you (i) have not breached any restrictive covenant agreement to which you are bound, and (ii) have complied with all of your fiduciary obligations to any current or former employer or third party to whom you have any such obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: these circumstances, and after extensive consideration, Defendants elected to force the sale of all remaining Employer Stock in the 401(k) Plan. Yet in most cases involving similar claims and similar financial uncertainty, fiduciaries reached the opposite decision. In other words, despite their knowledge that a company was in financial trouble, thereby potentially leading to a decline in value of the company st 995) (remanding case for further proceedings where, in the context of Employee Stock Ownership Plans ("ESOPs’’), court found that a fiduciary’s continuing investment in company stock despite substantial financial difficulties could be sufficient to overcome the presumption of prudence that applies to ESOPs); DiFelice v. U.S. Airways, Inc., 397 F.Supp.2d 758, 773-74 (E.D.Va.2005) (<HOLDING>). While this contrast of facts does not Options: A. holding that a trial courts refusal to allow the defendant to attend the jury view was not prejudicial B. holding defendants were fiduciaries because they had discretion to determine the extent of the companys annual contribution to the plan and whether the contribution would be made in stock or cash C. holding that factors such as the possibility of us airways bankruptcy throughout the class period the companys known cash flow problems and its unresolved longterm financial problems following an unsuccessful merger were sufficient to allow a jury to question the prudence of the decision to continue to allow the plan to invest in us airways parent companys stock D. holding that the trial court should conduct a hearing to allow the parties to be heard including the defendant in person and to allow presentation of additional evidence before sentencing E. holding that to preserve an issue a party must object with sufficient specificity to allow the trial court to address it

assistant: The best answer is C. holding that factors such as the possibility of us airways bankruptcy throughout the class period the companys known cash flow problems and its unresolved longterm financial problems following an unsuccessful merger were sufficient to allow a jury to question the prudence of the decision to continue to allow the plan to invest in us airways parent companys stock
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. FDA is instructive. In Campaign, when the FDA produced an inadequate Vaughn index, this court ordered that the FDA submit a revised Vaughn index for review. Campaign, 448 F.Supp.2d at 147. The Court’s 2002 order was a procedural, rather than substantive, order because it required the defendant to revise the Vaughn index, and did not require the defendant to produce documents. As a result, the 2002 order did not “change the legal relationship between the parties.” See Buckhannon, 532 U.S. at 605, 121 S.Ct. 1835. Similarly, when Plaintiff in this action filed a report indicating that Defendant had not provided a file, the Court ordered Defendant to file a report regarding its efforts to locate it prior to deciding the then-pending summary judgment motion. See OCAW, 288 F.3d at 458-59 (<HOLDING>). Further, after Defendant submitted its Options: A. holding that statute making child welfare agency records confidential but disclosable pursuant to a court order did not create an absolute privilege for such records B. holding that an order by the trial court remanding the cause to the agency to impose a sanction other than the one imposed by the agency was not a final and appealable order because it did not terminate the litigation between the parties on the merits C. holding that a change in the law of sentencing does not constitute a new factor D. holding that an order requiring the agency to search the records did not constitute courtordered change in the relationship of the parties E. holding that hearing officers noting the parties agreement did not constitute a change in the parties legal relationship

assistant: The best answer is D. holding that an order requiring the agency to search the records did not constitute courtordered change in the relationship of the parties
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: Mining and Mfg., 87 F.R.D. at 323 (stating rules governing service should be liberally construed to uphold substituted service when prompt actual notice occurs); Larson v. Hendrickson, 394 N.W.2d 524, 526 (Minn.App.1986) (stating actual notice contributed to finding service was effective). Here, the deputy sheriff of Sher-burne County attempted service at Peterson’s home on June 24, 1998. When told that Peterson was not home, the deputy sheriff delivered the summons and complaint to Peterson’s 14-year-old stepson who was at Peterson’s home on a six-day, non-custodial visitation. For the past four to five years, Peters p. 844, 845 (S.D.N.Y.1977) (stating adult daughter home from college overnight was residing at her parents’ home); Zuckerman v. McCulley, 7 F.R.D. 739, 743 (E.D.Mo.1947) (<HOLDING>), appeal dismissed, 170 F.2d 1015 (1948); Options: A. holding babysitter was not residing therein B. holding housekeeper did not reside therein C. holding that a tenday visitor was not residing therein D. holding janitor working in house during day did not reside therein E. holding tenday visitor not residing therein

assistant: The best answer is D. holding janitor working in house during day did not reside therein
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 reimburse Buyer for any and all expenses incurred by them in connection with the negotiation, preparation, execution, delivery and performance of this Agreement and the other agreements to be executed in connection herewith (“Documents”), including, without limitation, reasonable attorneys’ and consultants’ fees and expenses, transfer agent fees, fees for stock quotation services, fees relating to any amendments or modifications of the Documents or any consents or waivers of provisions in the Documents, fees for the preparation of opinions of counsel, escrow fees, and costs of restructuring the transactions contemplated by the Documents. When possible, the Company must pay these fees directly, including, but not limited to, any and all wire fees, otherwise the Company must make immediate payment for reimbursement to the Buyer for all fees and expenses immediately upon written notice by the Buyer or the submission of an invoice by the Buyer. At Closing, the Company’s total obligation with respect to this transaction is to reimburse Buyer’s legal expenses of $2,500.00 plus the cost of wire fees which shall be considered a non-refundable, non-accountable sum.

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 case excerpt and choose the best holding from the options. Case excerpt: and classifying contempt as a Class A felony is that it raises the issue of a potential Eighth Amendment challenge. Love, 449 F.3d at 1158 (Barkett, J., concurring). The concurrence in Love correctly noted that “where a statute is susceptible of two constructions, by one of which grave and doubtful constitutional questions arise and by the other of which such questions are avoided, our duty is to adopt the latter.” Id., quoting Jones v. United States, 529 U.S. 848, 857, 120 S.Ct. 1904, 146 L.Ed.2d 902 (2000). The Court is mindful that it should always avoid a constitutionally questionable construction, because the presumption is that the laws as passed by Congress are constitutional. However, after careful reflection, the Court finds that the ta , 123 S.Ct. 1179, 155 L.Ed.2d 108 (2003) (<HOLDING>) (brackets and quotation omitted). As the Options: A. holding that sentence of mandatory twentyfive years followed by life on probation for aggravated molestation of a fouryearold child does not implicate categorical eighth amendment restriction under graham nor is it grossly disproportionate for particular crime B. holding that the eighth amendment does not require strict proportionality between crime and sentence but forbids only extreme sentences that are grossly disproportionate to the crime C. holding that stiffer penalties for cocaine base transactions are not grossly disproportionate to the severity of the offense and therefore do not violate eighth amendment D. holding that the eighth amendment does not require comparative proportionality review by an appellate court E. holding that although proportionality review is an additional safeguard against arbitrarily imposed death sentences neither precedent including gregg nor the eighth amendment mandates proportionality review in every case

assistant: The best answer is B. holding that the eighth amendment does not require strict proportionality between crime and sentence but forbids only extreme sentences that are grossly disproportionate to the crime
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 provisions of Section 6.2, effective January 1, 2000, a Participant shall at all times be fully vested in his Accounts under the Plan. The vesting of the Accounts of a Participant who has had a Termination of Employment before January 1, 2000, shall be subject to the provisions of the Plan on the date of such Termination of Employment.

assistant: Vesting
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: Id.' Moreover, the limitations period begins to run when an employee received notice of the allegedly discriminatory act, not when the consequences of the decision become painful to the employee. See, e.g., Ricks, 449 U.S. at 257, 101 S.Ct. 498; Brewer, 111 F.Supp.2d at 1205. Consequently, Sanders can only litigate his claims arising out of an allegedly discriminatory failure to promote him if he made a proper complaint to the EEOC within 180 days of the promotional decision he seeks to challenge. See, e.g., Morgan, 122 S.Ct. at 2070, 2073. In the present case, Sanders filed his EEOC charge on April 24, 2002. Therefore, the Charge is timely only if the discrete unlawful employment actions of which he complains “occurred” on or after October 26, 2001. See, Morgan, 122 S.Ct. at 2070 (<HOLDING>). The promotion decisions he challenges are Options: A. holding that the language of the statute is mandatory and the commission must act within 180 days B. holding that a private right of action does not arise until 180 days after a charge has been filed C. holding the employee had 180 days to file a claim from the date the employee received final definitive and unequivocal notice of an adverse employment action D. holding that failure of eeoc to transmit charge to phrc within limitations period was subject to equitable tolling where plaintiff requested crossfiling in the cover letter attached to the eeoc charge on the first page of the charge itself and on an official form used by the eeoc for requests for dualfiling E. holding that a party must file an eeoc charge within 180 days from the date the unlawful act occurred or lose the ability to recover for it

assistant: The best answer is E. holding that a party must file an eeoc charge within 180 days from the date the unlawful act occurred or lose the ability to recover for it
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 invocation of the right to counsel entails terminating all questioning “until counsel has been made available [or] unless the accused [ ] initiates further communication, exchanges, or conversations with the police.” Edwards, supra, 451 U.S. at 484-85, 101 S.Ct. at 1885, 68 L.Ed.2d at 386. If an accused does initiate a conversation after invoking his rights, that conversation may be admissible if the initiation constitutes a knowing, intelligent, and voluntary waiver of the accused’s rights. Miranda, supra, 384 U.S. at 444, 86 S.Ct. at 1612, 16 L.Ed.2d at 707. The State bears a “heavy burden” of demonstrating that the waiver was knowing, intelligent, and voluntary. Hartley, supra, 103 N.J. at 260, 511 A.2d 80; see also State v. Galloway, 133 N.J. 631, 654, 628 A.2d 735 (1993) (<HOLDING>). C. The first question is whether defendant’s Options: A. holding that the state must prove juvenile delinquency beyond a reasonable doubt B. holding the determination of the voluntariness of a confession is a determination uninfluenced by the truth or falsity of the confession C. holding state must prove voluntariness of confession beyond a reasonable doubt D. holding that territorial jurisdiction must be proven beyond a reasonable doubt E. holding that failure of trial court to instruct jury that state must prove beyond reasonable doubt killing was not committed in heat of passion required reversal of murder conviction even though there was general charge that state was required to prove each element of offenses beyond reasonable doubt

assistant: The best answer is C. holding state must prove voluntariness of confession beyond a reasonable doubt
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 Document executed by such Designated Borrower is the legal, valid and binding obligation of such Designated Borrower enforceable in accordance with its respective terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and general equitable principles.

assistant: Binding Effects
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 mean that Garcia is without remedy for the breach of his plea agreement. “It is well settled that an unqualified promise which is part of a plea arrangement must be honored or else the guilty plea may be withdrawn.” In the instant case, the prosecution promised Garcia an 81-month executed sentence, which did not include a conditional release term, in exchange for his plea of guilty to the charge of attempted first-degree criminal sexual conduct. This unqualified promise is unauthorized by law and therefore, Garcia must be allowed to withdraw from the plea agreement if he so chooses. If he does not so choose, Garcia should be permitted to continue to be bound by the original plea agreement, as amended to include the 10-year conditional release term required by law. We affi ) (<HOLDING>). 9 . 577 N.W.2d 481, 493 (Minn.1998). 10 . Id. Options: A. holding that defendants may agree to departure from sentencing guidelines in plea bargain B. holding that only factors specifically prohibited by the sentencing guidelines cannot form the basis for a downward departure C. holding that trial court acted within its authority in rejecting a plea bargain in a capital case D. holding that defendants diminished capacity while grounds for departure from the guidelines sentencing range is not grounds for departure below the minimum sentence set by congress E. holding that the government likely could not agree to a plea bargain which would directly circumvent a mandatory minimum

assistant: The best answer is A. holding that defendants may agree to departure from sentencing guidelines in plea bargain
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: WAIVERS . EACH PARTY HERETO HEREBY IRREVOCABLY (I) SUBMITS, FOR ITSELF IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT, OR FOR RECOGNITION AND ENFORCEMENT OF ANY JUDGMENT IN RESPECT THEREOF, TO THE JURISDICTION OF ANY NEW YORK STATE OR FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN NEW YORK CITY WITH RESPECT TO MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT; (II) AGREES THAT ALL CLAIMS WITH RESPECT TO ANY ACTION OR PROCEEDING REGARDING SUCH MATTERS MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE OR FEDERAL COURTS; (III) WAIVES, TO THE FULLEST POSSIBLE EXTENT, WITH RESPECT TO SUCH COURTS, THE DEFENSE OF AN INCONVENIENT FORUM; AND (IV) AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the other Party’s request, each Party agrees to execute, acknowledge, and deliver such further instruments, and to do all such other acts, as may be reasonably agreed by the Parties as necessary or appropriate to carry out the purposes and intent of this Agreement.

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: Any notice to be given to the Company pursuant to the provisions of the Plan or this Agreement shall be given by personal delivery, by telecopier or similar facsimile means, by registered or certified first-class U.S. mail, return receipt requested and postage prepaid, or by express courier or recognized overnight delivery service, charges prepaid. If directed to the Company, any such notice shall be addressed to the Company’s principal executive office, to the Company’s Secretary, or to such other address, person or telecopier number as the Company may designate from time to time. If directed to the Optionee, any such notice or communication shall be addressed to him or her at the address given beneath his or her signature on this Agreement, or at such other most recent address of the Optionee on file with the Company. Any such notice shall be deemed given: (a) when delivered personally to the recipient; (b) when received, if sent by telecopy or similar facsimile means (confirmation of such receipt by confirmed facsimile transmission being deemed receipt of communications sent by telecopy or other facsimile means); (c) on the date five days after the date mailed, if sent by registered or certified first-class U.S. mail, return receipt requested and postage prepaid; and (d) when delivered (or upon the date of attempted delivery where delivery is refused), if sent by express courier or recognized overnight delivery service, charges prepaid. Whenever the giving of notice is required pursuant to the provisions of the Plan or this Agreement, the giving of such notice may be waived by the party entitled to receive such notice.

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: Angelina Damitas Echeverria-Ruiz, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal ng that it is “more likely than not” that the government would persecute her upon return to Guatemala. See Hakeem, 273 F.3d at 816. Echeverria-Ruiz’s due process claim fails, because even if the corroborating declaration were given full weight, it would merely confirm rather than add to other evidence in the record, and EcheverriaRuiz would still be unable to establish entitlement to withholding of removal. See Halaim v. INS, 358 F.3d 1128, 1136 (9th Cir.2004) (<HOLDING>). Echeverria-Ruiz did not raise, and therefore Options: A. holding that an alien must show error and substantial prejudice in order to prevail on a due process claim B. holding that a petitioner must show prejudice in order to prevail on a claim that he or she was denied a full and fair hearing in violation of due process C. holding that to prevail on a claim that an immigration hearing was procedurally insufficient the petitioner must demonstrate prejudice D. holding that an alien must establish that he was prejudiced by the alleged error in order to prevail on a due process claim E. holding petitioner must show prejudice to prevail on due process claim

assistant: The best answer is E. holding petitioner must show prejudice to prevail on due process claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in denying the motion to reopen. First, Perez did not show that exceptional circumstances beyond his control caused his failure to appear at his removal hearing. He relied on incorrect information from his girlfriend that the hearing had been cancelled and he did not attempt to confirm with his attorney or the court that his hearing had actually been cancelled. See 8 U.S.C. § 1229a(b)(5)(C)(i); 8 C.F.R. § ■ 1003.23(b)(4)(ii) (providing that an in ab-sentia order may be rescinded “if the alien demonstrates that the failure to appear was because of exceptional circumstances”); 8 U.S.C. § 1229a(e)(l) (“The term 'exceptional circumstances' refers to exceptional circumstances ... beyond the control of the alien.”); compare Singh-Bhathal v. INS, 170 F.3d 943, 946-47 (9th Cir. 1999) (<HOLDING>), with Lo v. Ashcroft, 341 F.3d 934, 935-36 Options: A. holding no exceptional circumstance beyond aliens control where he failed to appear at his hearing not because of illness a death in the family or some similarly severe impediment but because he took the word of an immigration consultant over that of the ins B. holding that the applicant had not demonstrated the government was unable or unwilling to control the perpetrators where he contended that the police failed to investigate his reports but admitted that he did not give the police the names of any suspects because he did not know any specific names and his wife testified that the police investigated the complaints but were ultimately unable to solve the crimes C. holding that an aliens mistaken belief that he no longer needed to keep his address current was not an exceptional circumstance because it was not beyond his control that his address on file was inaccurate D. holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment E. holding that the juvenile received inadequate notice of a hearing modifying his probation because he received no notice of the hearing or the reasons for it

assistant: The best answer is A. holding no exceptional circumstance beyond aliens control where he failed to appear at his hearing not because of illness a death in the family or some similarly severe impediment but because he took the word of an immigration consultant over that of the ins
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 the TDCA claims. 6 . Though Wolpoff amended the amount sought in the Original Petition to Confirm Arbitration Award by filing the Supplemental Trial Petition, Eads alleges Wolpoff violated § 1692e(5) when it filed the Original Petition and sought to collect an amount greater than the arbitration award. 7 . Even if Eads had premised Wolpoff's liability upon the state court pleadings, Wolpoff is not entitled to immunity. Federal courts have held that FDCPA and TDCA claims “can be premised on flawed legal proceedings.” Gibson v. Grupo de Ariel, LLC, No. 4:05-CV-415-BE, 2006 WL 42369, *4 (N.D.Tex. Jan.9, 2006) (upholding a claim that the defendant-attorney violated the TDCA by filing a debt collection suit in the wrong court); see also Goldman v. Cohen, 445 F.3d 152, 155 (2d Cir.2006) (<HOLDING>). 8 . Wolpoff's reliance on Guerrero v. RJM Options: A. holding that rawlings a codefendant in the present action is not a debt collector within the meaning of the fdcpa B. holding that an initial communication within the meaning of the fdcpa includes the initiation of a lawsuit C. holding that where the violation of the fdcpa was the filing of a lawsuit the statule of limitations begins to run on the date of filing D. holding that a state is not a person within the meaning of 1983 E. holding that pleadings are initial communication under fdcpa

assistant: The best answer is B. holding that an initial communication within the meaning of the fdcpa includes the initiation of a lawsuit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the terms `` includes '' , `` including '' , `` e.g. '' , `` for example '' , `` for instance '' , `` such as '' and other similar terms are deemed to include the term `` without limitation '' immediately thereafter and are not intended to limit .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in the Plan, the Confirmation Order or this Trust Agreement, nothing shall require the GUC Trust Administrator to file any accounting or seek approval of any court with respect to the administration of the GUC Trust or as a condition for making any payment or distribution out of the GUC Trust Assets or as a condition to the sale of fractional New GM Securities pursuant to Section 5.6 .

assistant: Approvals
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 expressly intended to benefit “all” individuals eligible for Medicaid assistance, a group that, the parties do not dispute, includes Doe. See § 1396a(a)(8). Second, the provision is not so “vague and amorphous” that the judiciary cannot competently enforce it: the provision is clear that the standard for informing applicants of their eligibility for Medicaid services is “reasonable promptness” and the relevant federal and state regulations and manuals define reasonable promptness as forty-five days or ninety days, depending on the applicant. See, e.g., 42 C.F.R. § 435.911; South Carolina Medicaid Manual, cited at J.A. 242; United States Department of Health & Human Services Center for Medicaid and State Operations, Olmstead Update No: 4, at J.A. 290. Third, the provision use 2002) (<HOLDING>); Doe ex rel. Doe v. Chiles, 136 F.3d 709, 714 Options: A. holding that there is an exhaustion requirement in 1983 suits asserting violations of the medicaid act B. holding that the medicaid statute did not create an enforceable cause of action against a private health care facility C. holding that 1396aa8 is enforceable by medicaid recipients under 1983 D. holding that section 1396aa8 which requires that state medicaid plans provide that medical assistance shall be furnished with reasonable promptness to all eligible individuals supports a section 1983 claim E. holding that medicaid recipients do have enforceable rights under 1396aa23

assistant: The best answer is C. holding that 1396aa8 is enforceable by medicaid recipients 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: The representations, warranties, covenants, agreements and obligations of the Parties shall survive the Closing as follows (each such survival period, a “ Survival Period ”): (i) except for Fundamental Representations and the Tax Representations, the representations and warranties made by each Party in this Agreement shall survive the Closing until the first anniversary of the Closing; (ii) Fundamental Representations shall survive the Closing until the fifth anniversary of the Closing, (iii) Tax Representations shall survive the Closing for the full period of all applicable statutes of limitations related thereto (after giving effect to any waiver or extension thereof), and (iv) the covenants, agreements, obligations and other undertakings of the Parties shall survive the Closing until fully performed in accordance with their terms. All liability of the Indemnifying Parties with respect to the representations, warranties, covenants, agreements and obligations hereunder shall be extinguished at the end of the applicable Survival Period, except to the extent that notice of an alleged breach of such representations, warranties, covenants, agreements or obligations has been provided before such date; provided that if notice is given prior to the expiration of the applicable Survival Period, the claim with respect to such representation, warranty, covenant, agreement or obligation shall continue indefinitely until finally resolved.

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: Each notice relating to this Stock Agreement must be in writing and delivered in person or by registered mail to First Financial at its office, 255 East Fifth Street, Suite 700, Cincinnati, Ohio 45202, attention of the Secretary, or at such other place as First Financial has designated by notice. All notices to the Participant or other person or persons succeeding to his or her interest will be delivered to the Participant or such other person or persons at the Participant's address below specified or such other address as specified in a notice filed with First Financial.

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: The warmth of the hood is some evidence that the accident occurred a relatively short time before police arrived on the scene. See Warren v. State, 377 S.W.3d 9, 14 (Tex.App.-Houston [1st Dist.] 2011, pet. refd) (“The warmth of the hood and cab of the truck is some evidence that the accident occurred a short time before Deputy Drake arrived.”) (citing Rawls, 318 S.W.2d at 663). The facts that appellant smelled of alcohol and failed the field sobriety tests, there were no other pedestrians nearby who could have been involved in the crash, and there were no bars or establishments that sold alcohol in the area likewise support the trial court’s conclusion that appellant was intoxicated at the time he drove his car into the area and crashed on the median. See Weems, 328 S.W.3d at 175-76 (<HOLDING>). Furthermore, appellant told police officers Options: A. holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes B. holding that evidence was sufficient to establish that appellant operated vehicle while intoxicated when vehicle was registered to appellants mother who testified that he had vehicle on night in question appellant was found fourtenths of a mile from accident scene in rural area and police and ems personnel saw no one else in area C. holding that the police officer had reasonable suspicion when he saw a vehicle moving with its lights off in the parking lot of a closed business in a rural area at 300 am D. holding that plaintiff who slipped and fell on ice while securing cars on his employers motor vehicle carrier preparing to travel was very close to the vehicle and engaged in a task related to the vehicle and therefore was an occupier of a motor vehicle E. holding the evidence was sufficient to support a finding that the lessee driver of a vehicle had knowingly transported a handgun recovered from the trunk of the vehicle in question

assistant: The best answer is B. holding that evidence was sufficient to establish that appellant operated vehicle while intoxicated when vehicle was registered to appellants mother who testified that he had vehicle on night in question appellant was found fourtenths of a mile from accident scene in rural area and police and ems personnel saw no one else in area
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: taxes means the amount of taxes , regulatory fees , surcharges or other fees that we are required to collect from you and must pay to any united states ( federal , state or local ) or foreign government , agency , commission or quasi-governmental body as a result of our provision of skype paid products to you .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 5(b) , in the event that the Participant’s Employment with the Company is terminated, any unvested RSUs (including, for the avoidance of doubt, unvested TRSUs, unearned PRSUs, earned but unvested PRSUs, unearned and not-yet-granted OPRSUs and earned but unvested OPRSUs) and any associated Dividend Equivalent Amount shall be forfeited automatically and without further action as of the Termination Date.

assistant: General
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: those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government as an entity is responsible under § 1983.” Monell, 436 U.S. at 694, 98 S.Ct. 2018. A plaintiff can attribute a constitutional tort to the city itself by showing the injury was caused by city policy, by city custom, or by policymaking officials’ deliberate indifference to constituents’ constitutional rights. See Canton, 489 U.S. at 389, 109 S.Ct. 1197. “Policy is made when a ‘decisionmaker [with] final authority to establish municipal policy with respect to the action’ issues an official proclamation, policy, or edict.” Andrews, 895 F.2d at 1480 (alteration in Andrews) (quoting Pembaur, 475 U.S. at 481, 106 S.Ct. 1292); see, e.g., Pembaur, 475 U.S. at 485, 106 S.Ct. 1292 (<HOLDING>). “Custom ... can be proven by showing that a Options: A. holding that doctors do not have to accept patients B. holding city liable when county prosecutor instructed deputy sheriffs to forcibly enter a doctors office and effect an arrest C. holding to the same effect D. holding that arrest warrant permits police to enter residence of person named therein to make arrest E. holding doctors letter is inadmissible hearsay

assistant: The best answer is B. holding city liable when county prosecutor instructed deputy sheriffs to forcibly enter a doctors office and effect an arrest