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: purpose to serve the [employer],” even if it is forbidden by the employer. Restatement §§ 228(l)(e), 230. For example, when a salesperson lies to a customer to make a sale, the tortious conduct is within the scope of employment because it benefits the employer by increasing sales, even though it may violate the employer’s policies. See Prosser and Keeton on Torts § 70, at 505-506. As Courts of Appeals have recognized, a supervisor acting out of gender-based animus or a desire to fulfill sexual urges may not be actuated by a purpose to serve the employer. See, e. g., Harrison v. Eddy Potash, Inc., 112 F. 3d 1437, 1444 (CA10 1997), vacated on other grounds, post, p. 947; Torres v. Pisano, 116 F. 3d 625, 634, n. 10 (CA2 1997). But see Kauffman v. Allied Signal, Inc., 970 F. 2d, at 184-185 (<HOLDING>). The harassing supervisor often acts for Options: A. holding that the doctrine of respondeat superior in maryland allows an employer to be held vicariously liable for the tortious conduct of its employee when that employee was acting within the scope of the employment relationship citations omitted B. holding harassing supervisor acted within scope of employment but employer was not liable because of its quick and effective remediation C. holding unconstitutional a workers compensation statute which granted immunity from suits by coemployees to employees who acted within the scope of their employment D. holding that both agent and principal will be liable when the agent acts within the scope of his employment but for his own purposes E. holding that the principal is liable for an agents acts committed within the scope of the agents employment

assistant: The best answer is B. holding harassing supervisor acted within scope of employment but employer was not liable because of its quick and effective remediation
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: Section 1 of this Amendment shall become effective on the date (such date, if any, the “ Amendment No. 3 Effective Date ”) that this Amendment is executed by the Administrative Agent, Holdings and the Borrower.

assistant: Effectiveness
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: unwillingness to participate in this litigation. Here, Hai Yun’s conduct in failing to obey court orders is clearly willful and has resulted in significant delay of this proceeding. The Court gave Hai Yun multiple opportunities to cure its deficiencies, and to show cause as to why sanctions should not be imposed and it has failed to do so. Furthermore, the fact that the entry of default against Hai Yun has not inspired its cooperation in this suit suggests that lesser sanctions are insufficient to gain Hai Yun’s compliance with this Court’s rules and orders. Several federal courts have held .that dismissal of an action with prejudice is an appropriate sanction for conduct similar to that exhibited by the Defendant in this ease. See, e.g., Royal Palace Hotel Assoc., 178 F.R.D. 588 (<HOLDING>);. Mingo v. Sugar Cane Growers Cooperative of Options: A. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence B. holding that sanctions including striking plaintiffs pleadings entering judgment for defendant and dismissing plaintiffs counterclaim were proper under the federal rules of civil procedure and local rules where plaintiff failed to file its final pretrial statement by specified date as required by court scheduling order failed to file a motion requesting an extension of time to prepare and file final pretrial statement and where counsel failed to appear at the final pretrial conference C. holding that we will not review under any standard the pretrial denial of a motion for summary judgment after a full trial and final judgment on the merits D. holding that the plaintiffs motion for extension of time to file appeal qualified as a notice of appeal because it met the requirements of rule 4 of the federal rules of appellate procedure E. holding that it is proper to dismiss an appellants appeal for failure to file a brief or request an extension within the time allotted by the bankruptcy rules

assistant: The best answer is B. holding that sanctions including striking plaintiffs pleadings entering judgment for defendant and dismissing plaintiffs counterclaim were proper under the federal rules of civil procedure and local rules where plaintiff failed to file its final pretrial statement by specified date as required by court scheduling order failed to file a motion requesting an extension of time to prepare and file final pretrial statement and where counsel failed to appear at the final pretrial conference
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 any plans or programs referenced herein, represent the entire agreement and understanding between the Company and Employee concerning his separation from the Company, and supersede and replace any and all prior agreements and understandings concerning his relationship with the Company and his compensation by the Company. This Agreement will be binding on and inure to the benefit of each Party’s heirs, successors and assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The consummation of the transactions contemplated hereby have been duly and validly authorized by all necessary action on the part of Holder and this Note has been duly and validly authorized, executed and delivered on behalf of Holder. Upon execution by Holder, this Note will be a legal, valid and binding obligation of Holder, enforceable against Holder in accordance with its terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or conveyance or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability and except as rights of indemnity or contribution may be limited by federal or state securities or other laws or the public policy underlying such laws.

assistant: Enforcements
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 attack demonstrate that his own conduct could not be regulated by a statute drawn with the requisite narrow specificity.” Broadrick, 413 U.S. at 612, 93 S.Ct. 2908. Thus, in an appro priate First Amendment overbreadth claim, a plaintiff whose conduct is regulated by a rule of law is permitted to challenge- the constitutionality of that particular rule of law regardless of the fact that a more circumscribed version of that rule of law could be applied in a constitutional fashion to prohibit the plaintiffs conduct. Because overbreadth creates an exception only to the prudential standing inquiry, the Supreme Court has made clear that the injury in fact requirement still applies to overbreadth claims under the First Amendment. Am. Booksellers Ass’n, 484 U.S. at 392-93, 108 S.Ct. 636 (<HOLDING>); see also Sec’y of State of Maryland v. Joseph Options: A. holding that inmates must demonstrate an actual injury B. holding that to have standing a plaintiff must establish an injury in fact a casual connection between the injury and that the injury will be redressed by a favorable decision C. holding that to bring a cause of action in federal court requires that plaintiffs establish at an irreducible minimum an injury in fact that is there must be some threatened or actual injury resulting from the putatively illegal action D. holding that in order to establish standing a plaintiff must show 1 it has suffered an injury in fact 2 the injury is fairly traceable to the challenged action of the defendant and 3 it is likely as opposed to merely speculative that the injury will be redressed by a favorable decision E. holding that to bring a 1983 cause of action there must be some threatened or actual injury resulting from the putatively illegal action and that a preenforcement suit is justified where there exists a wellfounded fear of enforcement that would infringe upon the exercise of first amendment rights

assistant: The best answer is C. holding that to bring a cause of action in federal court requires that plaintiffs establish at an irreducible minimum an injury in fact that is there must be some threatened or actual injury resulting from the putatively illegal action
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 Fenner had not misrepresented his condition as he was merely asked his opinion about his physical abilities: “Do you have any injuries, you know, that would prevent you from doing this type of work.” Fenner answered in the negative. Whether this ruling was correct must remain unexamined. Trimac’s appeal on this issue was deemed untimely by this Court, and consequently, we are constrained to review only Fenner’s post-employment conduct. 11 . Some of the cases the majority offers to support its argument are inapplicable, as well, because they rely on a lower standard than that required in South Dakota. See, e.g., Appleby, 22 Ark.App. 243, 738 S.W.2d 807 (considering whether an employee's actions aggravating a pri- or injury were merely reasonable); Amoco Chemical Corp., 318 A.2d 614 (<HOLDING>); Johnnie’s Produce Co., 120 So.2d 12 (noting a Options: A. holding exclusion h does not apply where employees were merely negligent B. holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury C. holding that written warnings that impacted the probability an employee would be terminated are adverse employment actions D. holding an employees actions in disregarding his doctors warnings were negligent E. recognizing as viable actions in tort negligent hiring and negligent retention

assistant: The best answer is D. holding an employees actions in disregarding his doctors warnings were negligent
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 shall be construed reasonably to carry out its intent without presumption against or in favor of either party. If any provision hereof shall be declared invalid by any court or in any administrative proceedings, then the provisions of this Agreement shall be construed in such manner so as to preserve the validity hereof and the substance of the transaction herein contemplated to the extent possible. The captions and paragraph headings are provided for purposes of convenience of reference only and are not intended to limit, define the scope of, or aid in interpretation of any of the provisions hereof.

assistant: Interpretations
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: 15.5 in addition , airbnb may take any of the following measures ( i ) to comply with applicable law , or the order or request of a court , law enforcement or other administrative agency or governmental body , or if ( ii ) you have breached these terms , the payments terms , our policies or standards , applicable laws , regulations , or third party rights , ( iii ) you have provided inaccurate , fraudulent , outdated or incomplete information during the airbnb account registration , listing process or thereafter , ( iv ) you and/or your listings or host services at any time fail to meet any applicable quality or eligibility criteria , ( v ) you have repeatedly received poor ratings or reviews or airbnb otherwise becomes aware of or has received complaints about your performance or conduct , ( vi ) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason , or ( vii ) airbnb believes in good faith that such action is reasonably necessary to protect the personal safety or property of airbnb , its members , or third parties , or to prevent fraud or other illegal activity :

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: any “person engaged in commerce ... [or] any agent of such person.” 29 U.S.C. § 623(a), § 630(b); 42 U.S.C. § 2000e, § 2000e(b); see Legal Services Corp. of P.R., 932 F.Supp. at 50. Although all three statutes provide that a supervisor is an employer, a number of courts have held that Congress included the phrase “any agent” to make sure that respondeat superior liability was imposed on the employers for the acts committed by their agents, not upon the agents personally. Id. at 50-51. Accordingly, Plaintiffs ADA claims against the Individual Defendants are hereby DISMISSED with prejudice. B. TITLE VII CLAIMS AGAINST INDIVIDUAL DEFENDANTS The First Circuit has held that there is no individual employee liability under Title VII. Fantini v. Salem State College, 557 F.3d 22 (1st Cir.2009) (<HOLDING>). “ ’The statutory scheme of Title VII itself Options: A. holding that the definition of employer for title vii purposes does not encompass individu al supervisors even if such individuals are acting as agents of the employer B. holding that only employers not individuals acting in their individual capacity who do not otherwise meet the definition of employers can be held liable under title vii C. holding that relief granted under title vii is against the employer not individual employees whose actions constituted a violation of title vii emphasis in original D. holding that title vii does not provide for a damages claim against supervisors or fellow employees E. holding individual defendants are not an employer within meaning of title vii

assistant: The best answer is A. holding that the definition of employer for title vii purposes does not encompass individu al supervisors even if such individuals are acting as agents of the employer
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: basis review appears to be an issue of first impression in Michigan. Many other jurisdictions have faced similar challenges to the inclusion of false imprisonment crimes, even absent a sexual purpose, in their sex offender registration statutes. The majority have upheld the statutes under rational basis review. See, e.g., Moffitt v Commonwealth, 360 SW3d 247, 255-257 (Ky App, 2012) (concluding that although the defendant’s conviction of child kidnapping included a sexual component, the purpose of Kentucky’s registration statute was the protection of children and the requirement of registration for certain offenses against minors, regardless of a sexual component, did not offend substantive or procedural due process); State v Smith, 323 Wis 2d 377, 397-407; 780 NW2d 90 (Wis, 2010) (<HOLDING>); Rainer v State, 286 Ga 675, 676-679; 690 SE2d Options: A. holding that the requirement of sex offender registration for the defendants conviction of false imprisonment of a minor was not cruel and unusual punishment and did not violate substantive or procedural due process B. holding that even though the offense was not of a sexual nature requiring the defendant to register as a sex offender following his conviction for false imprisonment of a minor was rationally related to the government interest in protecting the public and did not violate the defendants right to due process or equal protection under the law C. holding that the district court did not violate the defendants right to due process when it departed upward to life imprisonment pursuant to 5k221 because his sentence was within the maximum set forth in the united states code for the offense of conviction D. holding transfer rule did not violate federal equal protection as rule was uniformly applied not arbitrary and rationally related to legitimate government interest E. holding that the admission of his juvenile conviction did not violate equal protection

assistant: The best answer is B. holding that even though the offense was not of a sexual nature requiring the defendant to register as a sex offender following his conviction for false imprisonment of a minor was rationally related to the government interest in protecting the public and did not violate the defendants right to due process or equal protection under the 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 legal provision and list the applicable contract clause categories. Provision: Except as provided otherwise in Section 8.4 and except with respect to any dispute in which the primary relief sought is an equitable remedy such as an injunction, in the event of any dispute under this Agreement, the parties shall be required to settle the dispute, controversy, or claim by arbitration in New York, New York in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association before a panel of three arbitrators, one of whom shall be selected by the Company, one of whom shall be selected by the Executive, and the third of whom shall be selected by the other two arbitrators. Any award entered by the arbitrators shall be final, binding, and nonappealable, and judgment may be entered thereon by either party in accordance with applicable law in any court of competent jurisdiction. The parties hereby agree that upon a Termination by the Company without Cause or by the Executive with Good Reason, the Company shall pay all amounts due to the Executive subject to the terms and conditions of Section 7.3 (it being agreed that TIME IS OF THE ESSENCE) without offset or reduction. If the Company determines it has an offset or basis for reduction with respect to any payment, it shall notify the Executive of such determination, in writing, as soon as reasonably practicable and in any event on or prior to the deadline for making such payment. In such case, the Company shall make the full payment, but the Executive shall be obligated to return any portion of such payment that is determined, pursuant to the terms and conditions set forth in this Section 17 , to be owed by the Executive to the Company. In the event of an action hereunder in which the Executive is the prevailing party, the Company shall (subject to the terms and conditions of Section 25.2 ) promptly reimburse the Executive for his actual and reasonable legal fees and costs incurred in connection with such action.

assistant: Arbitration
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 tax returns of every kind (including returns of real and personal property taxes, intangible taxes, withholding taxes, and unemployment compensation taxes) that Seller was required to file in accordance with any applicable law have been duly filed, and all taxes shown to be due on such returns have been paid in full.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the maximum extent permitted by law , supercell shall not be liable to you for any indirect , incidental , consequential , special , punitive or other similar damages , including but not limited to loss of revenues , lost profits , lost data or business interruption or other intangible losses ( however such losses are qualified ) , arising out of or relating in any way to these terms of service or the service itself , whether based on contract , tort or any other legal theory , and whether or not supercell has been advised of the possibility of such damages .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the course of Employee’s continued employment with the Company and in order to assist Employee with the performance of Employee’s duties on behalf of the Company Group hereunder, the Company will provide Employee with, Employee will develop on the Company’s behalf, and Employee will have access to, Confidential Information (as defined below). In consideration of Employee’s receipt, development, and access to such Confidential Information, and as a condition of Employee’s employment, Employee shall comply with this Section 9 .

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: of the Leases is fatal to their appeal. See Loven v. Greene County, 94 S.W.3d 475, 478 (Mo.App. S.D.2003) (“An appellant’s failure to challenge a finding and ruling that would support the conclusion complained about is fatal to an appeal.”). It is the Appellants’ “burden on appeal to demonstrate that the trial court’s judgment was incorrect on any basis supported by the record and the applicable law.... As such, the [Appellants’] failure to properly challenge a finding and ruling of the trial court that would support its judgment ... would be fatal to [their] appeal.” Landry v. Miller, 998 S.W.2d 837, 840 (Mo.App. W.D.1999) (abrogated on other grounds) (internal citation omitted); see also City of Peculiar v. Hunt Martin Materials, LLC, 274 S.W.3d 588, 590-91 (Mo.App. W.D.2009) (<HOLDING>); Houston v. Roadway Express, Inc., 133 S.W.3d Options: A. holding that erroneous findings of fact not necessary to support the judgment of the court are not grounds for reversal B. holding that the statement of specific grounds in a motion for a new trial waives all other grounds not specified C. holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal D. holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal E. holding that to establish grounds for reversal an appellant must challenge all grounds on which the trial court ruled against it

assistant: The best answer is E. holding that to establish grounds for reversal an appellant must challenge all grounds on which the trial court ruled against 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 legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party shall commence an action, suit or proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of the Company under Section 4.9, the prevailing party in such action, suit or proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, along with the Plan, constitutes the entire agreement between the parties hereto with regard to the subject matter hereof, and supersedes any other agreements, representations or understandings (whether oral or written and whether express or implied) that relate to such subject matter.

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 License Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of California, without giving effect to any conflicts of law principles that would result in the application of the laws of any state other than the State of California.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The effective date of this Agreement shall commence on June 30, 2015 (“ Effective Date ”) and shall end on the earlier of (a) subject to extension in order to give effect to the notice and cure provisions contained in the definition of Good Reason, the second anniversary of the date a Change in Control occurs, or (b) the date on which Executive experiences a Separation from Service under circumstances that do not constitute a Covered Termination; provided that terms of this Agreement which must survive the termination this Agreement in order to be effectuated (including the provisions of Sections 2, 3, 7, 8 and 9) will survive.

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 limitations and other provisions of this Agreement, the representations and warranties contained herein shall survive the Closing and shall remain in full force and effect until the date that is two (2) years from the Closing Date; provided, however, that (i) the representations and warranties in Section 3.01 , Section 3.02 and Section 3.03 shall survive indefinitely, and (ii) the representations and warranties in Section 3.16 , Section 3.20 , Section 3.21 , Section 3.22 , Section 3.27 and Section 3.29 shall survive for the full period of all applicable statutes of limitations (giving effect to any waiver, mitigation or extension thereof) plus 60 days. All covenants and agreements of the parties contained herein shall survive the Closing indefinitely or for the period explicitly specified therein. Notwithstanding the foregoing, any claims asserted in good faith with reasonable specificity (to the extent known at such time) and in writing by notice from the non-breaching party to the breaching party prior to the expiration date of the applicable survival period shall not thereafter be barred by the expiration of the relevant representation or warranty and such claims shall survive 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: PWB hereby grants to each Lender, and each Lender hereby acquires from PWB, a participation in such Ancillary Services equal to such Lender’s Revolving Percentage of the aggregate amount provided under the Ancillary Services. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of PWB, such Lender’s Revolving Percentage of the Ancillary Services provided by PWB. Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of the Ancillary Services is absolute and unconditional and shall not be affected by any circumstance whatsoever, including continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

assistant: Participations
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: should be steered by “familiar considerations of fair notice, reasonable reliance, and settled expectations[.]” Landgraf, 511 U.S. at 270, 114 S.Ct. 1483. We first observe that, as explained in Section III.B., infra, Baldwin’s claims expired on March 24, 2008, more than six months before the VBIA was enacted on October 10, 2008. Thus, applying § 4327(b) retroactively would attach a new legal consequence to the expiration of Baldwin’s claim; that is, Baldwin’s claims against the City would be allowed to proceed rather than be barred. In this vein, other cases have held that applying a new statute of limitations to pre-enactment claims would have a retroactive effect by unfairly barring or reviving a claimant’s suit. See, e.g., Burns v. Morton, 134 F.3d 109, 111 (3d Cir.1998) (<HOLDING>); Chenault v. United States Postal Serv., 37 Options: A. holding that the aedpa applies to those habeas corpus petitions filed after its effective date of april 24 1996 B. holding that in general aedpa applies only to habeas petitions filed after the statutes effective date of april 24 1996 and noting that aedpas special procedures for 28 usc 2254 petitions in capital cases apply also to petitions pending on april 24 1996 C. holding that petitioners whose convictions became final before the enactment of aedpa had a oneyear grace period after aedpas effective date to file their federal habeas petitions D. holding that prisoners whose convictions became final on or before april 24 1996 must file their 2255 motions before april 24 1997 E. holding that applying 28 usc 2244d1which was enacted on april 24 1996 and created a oneyear statute of limitations for habeas petitions filed by prisoners held pursuant to state court judgmentsto convictions that became final before that effective date would impermissibly attach new legal consequences to events completed before its enactment internal quotation marks omitted

assistant: The best answer is E. holding that applying 28 usc 2244d1which was enacted on april 24 1996 and created a oneyear statute of limitations for habeas petitions filed by prisoners held pursuant to state court judgmentsto convictions that became final before that effective date would impermissibly attach new legal consequences to events completed before its enactment internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be automatically applied to the criminal law context (see e. g. O’Shea v. Littleton, 414 U.S. 488, 503, 94 S.Ct. 669, 38 L.Ed.2d 674 (1974); Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976)), the defense recognized in Bivens does not in any case aid defendants here. The Bivens defense is applicable in an official law enforcement context where the complex law of probable cause must be applied to widely differing congeries of facts; by contrast, the law governing search and seizure without a warrant or Presidential/Attomey General approval is clear and plainly applied to prohibit the conduct Barker and Martinez engaged in. See also Wood v. Strickland, 420 U.S. 308, 322, 95 S.Ct. 992, 43 L.Ed.2d 214 (1975), on remand, Strickland v. Inlow, 519 F.2d 744 (8th Cir. 1975) (<HOLDING>). Barker and Martinez had a similar Options: A. holding a school board member in a 42 usc 1983 1970 action to a standard of conduct based on knowledge of the basic unquestioned constitutional rights of his charges B. holding that a state prisoner may not challenge the constitutionality of his conviction in a suit for damages under 42 usc 1983 C. holding that a state is not a person under 42 usc 1983 D. holding that the state law of collateral estoppel applies in civil rights actions brought under 42 usc 1983 E. holding that person in 42 usc 1983 does not include states

assistant: The best answer is A. holding a school board member in a 42 usc 1983 1970 action to a standard of conduct based on knowledge of the basic unquestioned constitutional rights of his charges
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: T.R. (1990), 52 Ohio St.3d 6, 15, 556 N.E.2d 439; Children’s Home of Marion Cty. v. Fetter (1914), 90 Ohio St. 110, 127, 106 N.E. 761; Ex parte Januszewski (C.C.Ohio 1911), 196 F. 123, 127. In re C.S., 115 Ohio St.3d 267, 2007-Ohio-4919, 874 N.E.2d 1177, ¶ 66. {¶ 65} Despite the differing goals of juvenile and adult courts, the establishment of juvenile courts was not a license for the General Assembly to deprive juveniles of their constitutional rights. In fact, juveniles are entitled to a range of rights grounded in constitutional protections. See Kent, 383 U.S. at 562, 86 S.Ct. 1045, 16 L.Ed.2d 84; In re Winship, 397 U.S. 358, 367-368, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970) (applying reasonable-doubt standard to juvenile offenders); Gault, 387 U.S. at 41, 87 S.Ct. 1428, 18 L.Ed.2d 527 (<HOLDING>); State v. Walls, 96 Ohio St.3d 437, Options: A. holding that defendants have a right to counsel in criminal proceedings B. recognizing juveniles right to counsel in certain juvenile proceedings C. recognizing that juveniles have no right to jury trial and that juvenile proceedings unlike adult prosecutions are rehabilitative in nature D. holding that juveniles may waive right to counsel only upon advice of counsel E. holding juveniles statement inadmissible when after being placed in custody police took juvenile to police station and held juvenile in area where adult suspects were held instead of taking juvenile to a juvenile processing office or any of the places listed as an alternative in section 5202 and placing juvenile in specifically designated office for juveniles

assistant: The best answer is B. recognizing juveniles right to counsel in certain juvenile proceedings
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: if the seller would have made the second sale in any event, then the “lost volume” measure of damages places him in the same position he would have been had the buyer not repudiated. As the Court in Davis Chemical v. Diasonics Inc., 826 F.2d 678, 683, n. 3 (7th Cir.1987), stated, “by definition, a lost volume seller cannot mitigate damages through resale. Resale does not reduce a lost volume seller’s damages because the breach has still resulted in its losing one sale and a corresponding profit.” See also Storage Technology Corp. v. Trust Co., 842 F.2d 54, 56 n. 2 (3rd Cir.1988) (pointing out that resale does not make a lost-volume seller whole); Matthews, infra, 51 U. Miami L.Rev. at 1214 (noting that the philosophical heart for Lost Volume Lessees, 34 Washburn L.J. 136 (Fall 1994) (<HOLDING>). By adoption of S.C.Code Ann. § 36-2A-528(2), Options: A. holding that the commercial use requirement of section 1125c is virtually synonymous with the in connection with the sale offering for sale distribution or advertising of goods and services requirement of the lanham act B. holding that the fact that one of the remedies sought by the state of kansas is restitution to the allegedly aggrieved kansas consumers does not transform the state of kansas into a citizen for purposes of establishing diversity jurisdiction C. holding that a statement of conditional sale of goods can be filed with the state auditor before the delivery of goods where statute says the statement must be filed within ten days of delivery of goods D. recognizing that section 8227082 of the kansas statutes codifies the lost volume recovery for the sale of goods E. holding that the avoidance powers provide for recovery only if the recovery is for the benefit of the estate

assistant: The best answer is D. recognizing that section 8227082 of the kansas statutes codifies the lost volume recovery for the sale of goods
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 6. If any of the Parties determine that they do not wish to proceed or continue with the Business Under Discussion, it will promptly advise the other Party of that decision in writing or by email. Upon receipt of such communication the Receiving Party shall destroy promptly all documents furnished and will not retain any copies, extracts or other reproductions in whole or in part of such Information. Notwithstanding the foregoing, the Receiving Party shall be entitled to retain that portion of the Information for legal, regulatory or internal compliance purposes, which will continue to be treated as confidential on the terms hereof.

assistant: No
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 file their own notices of appeal. See Ash v. Hack Branch Distrib. Co., 54 S.W.Bd 401, 409 n. 2 (Tex.App.-Waco 2001, pet. denied) (“Because [appellee] does not seek to alter the judgment, we conclude that it may properly assert independent grounds for affir-mance of the judgment even though it did not file its own notice of appeal. This seems particularly apt in a summary judgment case in which the movant is the appellee because the Supreme Court has expressly held that an ‘appellate court may consider other grounds that the movant preserved for review and [the] trial court did not rule on in the interest of judicial economy.’ ”); see also Hensley v. Village of Tiki Island, No. 14-03-00423-CV, 2004 WL 2162637, *8 n. 10 (Tex.App.-Houston [14th Dist.] 2004, pet. denied) (mem.op.) (<HOLDING>); Carrico v. Kondos, 111 S.W.3d 582, 587 n. 4 Options: A. recognizing an appellee may assert additional independent grounds for affirmance of the judgment even if it does not file a notice of appeal as long as such grounds were raised in appellees motion for summary judgment B. holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal C. holding where movant asserts several grounds in support of its summary judgment motion and the trial court does not specify the grounds on which judgment was granted the reviewing court can affirm the judgment if any of the grounds are meritorious D. holding that party may not appeal summary judgment in favor of opponent when grounds opposing summary judgment asserted on appeal were not raised before trial court E. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion

assistant: The best answer is A. recognizing an appellee may assert additional independent grounds for affirmance of the judgment even if it does not file a notice of appeal as long as such grounds were raised in appellees motion for summary judgment
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: Immediately after giving effect to this Amendment on the Effective Date, the representations and warranties of the Company and each other Loan Party set forth in the Loan Documents (including, for the avoidance of doubt, in the Credit Agreement) are true and correct in all material respects on and as of the Effective Date to the same extent as though made on and as of the Effective Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language is true and correct (after giving effect to any qualification therein) in all respects on such respective dates.

assistant: Warranties
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 modification, alteration or amendment of this Agreement shall be binding upon the Parties unless contained in a writing signed by a duly authorized agent for each respective Party and specifically referring hereto or thereto, as the case may be.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: principle emerges as ‘clearly established’ ” — namely, that a “gross disproportionality principle is applicable to sentences for terms of years.” Id. (quoting 28 U.S.C. § 2254(d)(1)). Adaway, 902 So.2d at 748-49 (emphasis added). Further, in Solem v. Helm, 463 U.S. 277, 292, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983), the United States Supreme Court announced objective criteria to be used in a “grossly disproportionate” consideration and looked specifically at: (1) the gravity of the offense and the harshness of the penalty; (2) the sentences imposed on other criminals in the same juris diction; and (3) the sentences imposed for commission of the same crime in other jurisdictions. Because the weight of applicable precedent requires a fact-specific inquir 390, 668 P.2d 697, 726-27 (1983) (<HOLDING>). Additionally, several courts have upheld the Options: A. holding that a mandatory sentence of life in prison without the possibility of parole for a juvenile convicted of firstdegree murder is not cruel and unusual punishment in violation of the united states and pennsylvania constitutions B. holding that life sentence imposed for kidnapping with bodily injury was not cruel and unusual even if victims injuries were minor C. holding that the imposition of a true life sentence on a minor convicted of felony murder was cruel and unusual based on the specific circumstances surrounding the offense D. holding life in prison without the possibility of parole was not cruel and unusual punishment for juvenile convicted of murder E. holding that the imposition of a true life sentence on two fourteenyearold offenders for committing the crime of rape was violative of the eighth amendment prohibition on cruel and unusual punishment

assistant: The best answer is C. holding that the imposition of a true life sentence on a minor convicted of felony murder was cruel and unusual based on the specific circumstances surrounding the offense