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: objective of preventing injured workers from receiving duplicative wage-loss benefits for single periods of wage loss. Injured Workers, 262 Kan. at 870, 872. Hoesli argues Injured Workers was decided before the 2000 amendments to the Social Security Act, which eliminated the earnings test that reduced the retirement benefits paid to certain wage-earning recipients aged 65 to 69. This earnings test could be viewed as a need-based adjustment to soc tend further than necessaiy to achieve its purpose by reaching workers compensation payments owed for injuries incurred during employment undertaken to supplement social security, it does not violate equal protection in doing so. See Massachusetts Bd. of Retirement v. Murgia, 427 U.S. 307, 316, 96 S. Ct. 2562, 49 L. Ed. 2d 520 (1976) (<HOLDING>). As explained in 14 Larsons Workers’ Options: A. holding that adea plaintiff had failed to make a prima facie case of age discrimination when he was replaced by someone only two years younger and within the protected age group and there was no other evidence of age discriminatory motive B. holding that a statement of fact relating to the plaintiffs age was not direct evidence of age discrimination because the relevance of the comment is provided by inference C. holding mandatory retirement age for uniformed state police rationally related to legitimate goal of protecting public by assuring police are physically prepared and noting no indication chosen age limit excluded so few officers that were in fact unqualified to render the age limit wholly unrelated to statutory objective state need not adopt more precise individualized method of assuring physical fitness D. holding that comments relating to age made some three to fifteen or more years prior to plaintiffs discharge were not relevant to show that he was fired because of his age E. holding age discrimination claim barred

assistant: The best answer is C. holding mandatory retirement age for uniformed state police rationally related to legitimate goal of protecting public by assuring police are physically prepared and noting no indication chosen age limit excluded so few officers that were in fact unqualified to render the age limit wholly unrelated to statutory objective state need not adopt more precise individualized method of assuring physical fitness
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: fact subject to independent appellate review); Lightbourne v. State, 742 So.2d 238, 247-48 (Fla.1999) (requiring cumulative analysis of Brady material). The second issue is whether the trial court erred in denying relief based on erroneous jury instructions as to the CCP and HAC aggravators. The trial court properly denied relief as to appellant’s claims regarding the CCP and HAC instructions. First, the State’s argument (based on the trial court’s ruling) that appellant failed to preserve the error as to the CCP instruction is supported by the record. On direct appeal, appellant failed to specifically argue that the CCP instruction was unconstitutionally vague, even though he advanced the argument with respect to the HAC instruction. See Jackson v. State, 648 So.2d 85, 90 (Fla.1994) (<HOLDING>); see generally Steinhorst v. State, 412 So.2d Options: A. holding party may not argue one ground at trial and another on appeal where appellant did not object to testimony at trial on the grounds raised on appeal that it was improper character evidence but objected only on the basis of relevancy issue was not preserved for review B. holding factor b is not unconstitutionally vague C. holding that an issue was not preserved for appellate review because appellants trial objection does not comport with the issue he raised on appeal D. holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it E. holding that issue of unconstitutionally vague instruction relative to aggravating factor was properly preserved for postconviction review where the defendant objected to the vagueness at trial and raised the issue on direct appeal

assistant: The best answer is E. holding that issue of unconstitutionally vague instruction relative to aggravating factor was properly preserved for postconviction review where the defendant objected to the vagueness at trial and raised the issue on direct appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee agrees that Employee will not make any untrue, misleading, or defamatory statements concerning the Company or any of its subsidiaries or affiliates or any of its or their officers or directors, and will not directly or indirectly make, repeat or publish any false, disparaging, negative, unflattering, accusatory, or derogatory remarks or references, whether oral or in writing, concerning the Company or any of its subsidiaries or affiliates, or otherwise take any action which might reasonably be expected to cause damage or harm to the Company or any of its subsidiaries or affiliates or any of its or their officers or directors. Nothing in this RCA, however, prohibits Employee from communicating with or cooperating in any investigations of any governmental agency on matters within their jurisdictions, provided that this RCA does prohibit Employee from recovering any relief, including without limitation monetary relief, as a result of such activities. In agreeing not to make disparaging statements regarding the Company or its subsidiaries or affiliates or its or their officers or directors, Employee acknowledges that he is making a knowing, voluntary and intelligent waiver of any and all rights he may have to make disparaging comments about the Company or its subsidiaries or affiliates or its or their officers or directors, including rights under any applicable federal and state constitutional rights.

assistant: Non-Disparagement
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 headings herein are for reference only and will not affect the interpretation of this Agreement. Whenever the content requires in this Agreement, the masculine pronoun will include the feminine and the neuter and the single will include the plural.

assistant: Headings
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: attempts to receive benefits under the LHWCA. As this is not an appeal from a denial of benefits, we do not have jurisdiction to resolve the question of whether Donald White was covered by the LHWCA. To obtain relief on this theory, White’s survivors must first comply with the statutory administrative scheme and appellate review. AFFIRMED. 1 . The section between the compressor and the manifold. 2 . The plaintiffs and Massman’s insurance company entered into a Mary Carter agreement, so that the insurance company, now in the attractive garb of a more appealing plaintiff, is now aligned as a plaintiff and has a right to some of the proceeds from a settlement or judgment against the remaining defendants/appellees. 3 . The persons or entities involved in F.2d 337 (5th Cir.1982) (<HOLDING>). 12 . The anomaly that would result from using Options: A. holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions B. holding the loss of a helicopter in the gulf of mexico within the admiralty jurisdiction C. holding maritime claims did not lie for death of a helicopter pilot killed while transporting oil field workers to platforms in the gulf of mexico D. holding that platform workers death caused by an explosion on a platform bore no significant relation to maritime law even though the death occurred while the worker was located on a vessel in navigable waters E. holding that wrongful death actions asserted under admiralty jurisdiction lie under general maritime law for death caused by violation of maritime duties and are not limited to standards of liability created by state law

assistant: The best answer is C. holding maritime claims did not lie for death of a helicopter pilot killed while transporting oil field workers to platforms in the gulf of mexico
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 jail if she really feared him. The defendant testified and it was unrebutted, that the victim visited him in jail after his arrest. Why she did so was not relevant nor material as to the elements of the crimes charged, nor would it explain what occurred between the victim and defendant on. the evening of the attack. Moreover, during the defendant’s extensive cross-examination of the victim it was revealed that she had a history of reconciling and keeping in contact with the defendant even after being raped and abused by him. Because the evidence that the defendant sought to elicit was not crucial, the trial court did not abuse its discretion in denying the defendant’s request to recall the victim for further cross-examination. State v. Ellis, 491 So.2d 1296, 1297 (Fla. 3d DCA 1986) (<HOLDING>) (emphasis added). Further, given the Options: A. holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion B. holding that the admission of evidence under an exception to the hearsay rule is reviewed for abuse of discretion C. holding that where the case is technically not closed and the ends of justice may best be served by the admission of crucial evidence it is an abuse of the trial courts discretion to deny the introduction of such evidence D. holding that an ends of justice continuance may be appropriate where the case is unusual or complex E. holding that the evidence sought to be admitted would have impacted upon the decision of the trial court and was crucial to the states argument and that the ends of justice may best be served by the admission of crucial evidence

assistant: The best answer is C. holding that where the case is technically not closed and the ends of justice may best be served by the admission of crucial evidence it is an abuse of the trial courts discretion to deny the introduction of such evidence
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: held that without other indicia of discretionary control, the power to limit the universe of funds available to a Plan by adding to or subtracting from an overall menu does not confer fiduciary status on a plan servicer. See Hecker, 556 F.3d at 583. In Hecker, an investment services company offered a 401(k) plan a limited menu of investment options. Because the parties’ contract expressly gave the plan the “final say” on which investment options would be included, the court held that the investment services company was not a fiduciary: “no authority ... holds that limiting funds automatically creates discretionary control sufficient for fiduciary status.” Id. The Court s the authority to change investment options did give rise to fiduciary status. See Charters, 583 F.Supp.2d at 199 (<HOLDING>); Haddock v. Nationwide Fin. Servs., 419 Options: A. holding that professionals who advised the plan were not fiduciaries because they had no decision making authority over the plan or plan assets also noting that the power to act for the plan is essential to status as a fiduciary B. holding that plan servicer which provided 401k plan a menu of investment options was not a fiduciary because parties contract required servicer to give the plan notice of and opportunity to reject any changes to the menu C. holding that service provider which offered a big menu of investment options from which 401k the plan trustee selected a smaller plan menu was not a fiduciary because provider did not have ultimate authority over which investments were included in the plans D. holding that because no plan document granted discretion to the plan administrator and because the fiduciaries had not expressly delegated their discretionary authority to the plan administrator the district court properly employed the de novo standard of review E. holding that insurer was a fiduciary to a 401k plan because the insurer had the ability to substitute investment options and the plan had no meaningful opportunity to reject substitutions because of the penalty charges associated with doing so

assistant: The best answer is E. holding that insurer was a fiduciary to a 401k plan because the insurer had the ability to substitute investment options and the plan had no meaningful opportunity to reject substitutions because of the penalty charges associated with doing so
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: when an item is returned , to refund the buyer , you ( as seller ) authorize ebay to request that paypal remove the refund amount ( in same or other currency ) from your paypal account , place the amount on your invoice , and/or charge your payment method on file .

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: This Agreement shall commence on the Effective Date and shall continue in full force and effect until the end of the Evaluation Period and, if at the end of the Evaluation Period, Abbott is Developing a Candidate or Commercializing a Product arising out of the Research Program, thereafter until (a) such time as Abbott is no longer Developing a Candidate for use in the Field and in the Territory or (b) if, as of the time Abbott is no longer Developing any Candidates, Abbott is Commercializing any Product, until such time as all Royalty Terms for all Products and all Co-Development Terms for all Co-Developed Products have ended, unless earlier terminated in accordance with the provisions of this Article 11 (the “ Term ”).

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 conditions set forth in this Agreement and the waiver of the Noak Farms, LLC right of first refusal (disclosed below) being obtained or the failure of it to be timely exercised, the official closing date (“Closing”) shall be November 1 st , 2018 . Any oil produced prior to this date will belong to the Seller.

assistant: Closings
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: Either Buyer or the Company may terminate this Agreement if the Closing has not occurred by September 30, 2018; provided, however, (i) Buyer may not terminate this Agreement if the failure of the Closing to occur is due to the failure of Buyer to satisfy any of the conditions set forth in Section 5.1 and (ii) the Company may not terminate this Agreement if the failure of the Closing to occur is due to the failure of the Company to satisfy any of the conditions set forth in Section 5.2 . If this Agreement is terminated, then all further obligations under this Agreement shall terminate and no Party shall have any liability in respect of the termination of this Agreement; provided that no such termination will relieve any Party of liability for its willful and material breach of any representation, warranty, covenant or agreement set forth in this Agreement prior to such termination.

assistant: Terminations
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: by Patrick Malarkey, who is approximately 14 years younger than Plaintiff, and second, by Angela Traugh, who is approximately 9 years younger than Plaintiff. (PI. Facts ¶¶ 100— 103; PI. Ex. A; PI. Ex. D, p. 21). “[T]o satisfy the sufficiently younger standard, ‘there is no particular age different that must be shown, but ... courts have held ... that a five year difference can be sufficient [while] ... a one year difference cannot.’ ” Monaco v. Am. Gen. Assurance Co., 359 F.3d 296, 307 (3d Cir.2004) (citing Showalter v. Univ. of Pittsburgh Med. Ctr., 190 F.3d 231, 236 (3d Cir.1999)). The age differences shown here, of 14 and 9 years, are sufficient for establishing a prima facie case. See O’Connor v. Consol. Coin Caterers Corp., 517 U.S. 308, 312, 116 S.Ct. 1307, 134 L.Ed.2d 433 (1996) (<HOLDING>); Sempier v. Johnson & Higgins, 45 F.3d 724, Options: A. holding inference is warranted when a 67 year old is replaced by a 59 year old B. holding that when a 56year old employee was replaced by a 40year old employee this qualified as someone substantially younger for the purposes of establishing a prima facie case C. holding when an employee was temporarily replaced by a person who was 10 years younger and permanently replaced by a person four years younger this was sufficient for the prima facie case D. holding prima facie case established where employer fired fiftytwo year old accountant pursuant to rif but retained one younger employee in similar position E. holding that being replaced by someone outside the protected class is not a proper element of the fourth prong because replacement by a substantially younger employee is a far more reliable indicator of age discrimination

assistant: The best answer is B. holding that when a 56year old employee was replaced by a 40year old employee this qualified as someone substantially younger for the purposes of establishing a prima facie case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each Guarantor, by signing below, hereby waives and releases the Administrative Agent and each of the Lenders and their respective Related Parties from any and all claims, offsets, defenses and counterclaims of which the Borrower and any Guarantor is aware, such waiver and release being with full knowledge and understanding of the circumstances and effect thereof and after having consulted legal counsel with respect thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto hereby agree that any suit or proceeding arising in respect of this Guaranty, or any of the matters contemplated hereby will be tried exclusively in the U.S. District Court for the Southern District of New York or, if such court does not have subject matter jurisdiction, in any state court located in the City and County of New York, and the parties hereto hereby agree to submit to the exclusive jurisdiction of, and venue in, such court (except to the extent the Administrative Agent requires submission to any other jurisdiction in connection with the exercise of any rights under any Security Document). Each of the parties hereto 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 applicable law. Each party hereto hereby irrevocably and unconditionally waives, to the fullest extent permitted by applicable Legal Requirement, any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Guaranty in any court referred to in this Section 14 . Each of the parties hereto hereby irrevocably waives, to the fullest extent permitted by applicable Legal Requirement, the defense of any inconvenient forum to the maintenance of such action or proceeding in any such court.

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: THIS FIRST AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEVADA WITHOUT REGARD TO THE CONFLICT OF LAWS RULES THEREOF.

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: Laws (a) None of the Loan Parties or Subsidiaries is in violation of any applicable Sanctions Laws, engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any applicable Sanctions Laws.

assistant: Sanctions
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 Settlement Agreement may be executed in separate counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument. The Parties agree to accept facsimile or image copies of the executed Settlement Agreement as an original of same.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: cost basis. 48 C.F.R. § 49.602-1. (1999) (prescribing the use of SF 1436); 48 C.F.R. § 53.249(a)(3) (same); see also 48 C.F.R. § 49.104(h) (requiring contractor to submit a settlement proposal following convenience termination). 10 . Id. at 1545. Scan-Tech additionally cites J & E Salvage to support its argument. J & E Salvage offers statements questioning the requirement of certification as a result of Ellett Construction, but these statements are merely dicta, nonessential to the court’s holdings. Any doubt created in the aftermath of Ellett Construction and J & E Salvage was not evident in the court’s recent ruling in which it confirmed that ”[t]he absence of certification on a claim in excess of $100,000.00 is fatal to jurisdiction.” Hamilton Sec. Advisory Servs., 43 Fed.Cl. at 576 (<HOLDING>). 11 . For this court’s analysis of J & E Options: A. holding that the tucker act gives the united states court of federal claims jurisdiction over cda claims only when a decision of the contracting officer has been issued under section 6 of the cda B. recognizing that because subcontractor was not a contractor as defined in the cda there was no cda jurisdiction to consider its direct appeal C. holding that attorney fees awarded under the common fund doctrine do not constitute part of a plaintiffs claim against the defendant and cannot be considered for amountincontroversy purposes D. holding that plaintiffs letters do not constitute a cda claim in part because there was a complete lack of certification E. holding that sending only four letters to student as collection effort did not constitute lack of diligence

assistant: The best answer is D. holding that plaintiffs letters do not constitute a cda claim in part because there was a complete lack of certification
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: only a partial return toward original shape absent heat, to depict the “at least 3% elasticity” described in claim 5. It therefore follows that the term 3% elasticity as used in claim 5 refers not to the spontaneous return of a component to its original shape, but rather to the ability of a component to “spring back” by an amount equal to 3% of its original length. Moreover, the term is used in claim 5 precisely as it is used in claim 1, and there is no reasoned basis to apply different definitions to the same term used in two claims of the same patent. See Southwall Technologies, Inc. v. Cardinal IG Co., 54 F.3d 1570, 1579 (Fed.Cir.1995), petition for cert. filed, 60 U.S.L.W. 3250 (Sept. 19, 1995) (No. 95-475); Fromson v. Advance Offset Plate, Inc., 720 F.2d 1565, 1570 (Fed.Cir.1983) (<HOLDING>). This Court concludes, therefore, that the Options: A. holding that declaratory judgments fall outside the scope of the court of claims jurisdiction B. holding that evidence of the scope of a particular claim can be found on review of other claims C. holding that as to the scope of court review substantial evidence is a stringent limitation D. holding the scope of a particular claim can often be determined on inspection of other claims E. holding that in the case of state procedural default a federal habeas review of the claims is barred unless the prisoner can demonstrate among other things that failure to consider the claims will result in a fundamental miscarriage of justice

assistant: The best answer is B. holding that evidence of the scope of a particular claim can be found on review of other claims
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 party’s obligations under this Section 2.16 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Credit Document.

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: The Borrower will, and will cause each other Loan Party to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so would not reasonably be expected to result in a Material Adverse Effect. The Borrower will maintain in effect and enforce, and cause each other Loan Party to maintain in effect and enforce, policies and procedures designed to ensure compliance by the applicable Loan Party and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: An employer is not obligated to “bump” another employee in order to create a vacancy for the disabled employee. See id. And the employer does not have to create a new position for the disabled employee. See id. The plaintiff bears the burden of showing that a vacant position exists and that the plaintiff is qualified' for that position. See Stewart v. Happy Herman’s Cheshire Bridge, Inc., 117 F.3d 1278, 1286 (11th Cir.1997); Mengine v. Runyon, 114 F.3d 415, 419 (3d Cir.1997); Miller v. Department of Corrections of the State of Illinois, 916 F.Supp. 863, 870 (C.D.Ill.1996), aff'd, 107 F.3d 483 (7th Cir.1997). Here McCreary needed to show that a vacant position in quality control was available at the time LOF fired him. See Weiler v. Household Fin. Corp., 101 F.3d 519, 524 (7th Cir.1996) (<HOLDING>). He has not done so. McCreary has not put Options: A. holding that where the law is unsettled at the time of trial but settled by the time of appeal the plainness of the error should be judged by the law at the time of appeal B. holding that the relevant time is the time of the employment decision C. holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision D. holding that the relevant time of inquiry is the date of the filing of the complaint E. holding that the time to disposition is more important than time to trial

assistant: The best answer is B. holding that the relevant time is the time of the employment decision
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 compliance with environmental guidelines by FCC license applicants); CHM Broad. Ltd. P’ship v. FCC, 24 F.3d 1453, 1455-56 (D.C.Cir.1994) (noting that the FCC uses self-certification to implement the statutory requirement that applicants for radio station licenses demonstrate their financial qualifications); Supplemental Order Clarification, Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, 15 FCC Red 9587, 9602-03, ¶ 29, 2000 WL 713746 (2000) (clarifying that "incumbent LECs must allow requesting carriers to self-certify” that they meet certain requirements, and noting that "a letter sent to the incumbent LEC by a requesting carrier is a practical method of certification”). 8 . See AT&T v. FCC, 220 F.3d 607, 631 (D.C.Cir.2000) Options: A. holding that after stem bankruptcy judges have the authority to enter interlocutory orders in noncore proceedings and in core proceedings as to which the bankruptcy court may not enter final orders or judgment consistent with article iii absent consent B. holding that the fcc may consistent with american telephone bar collateral challenges to other fcc orders in proceedings brought to adjudicate applications to provide inregion long distance service C. holding that a district court may not disregard the fccs final orders simply because congress did not specifically grant the fcc express authority to regulate a specific subsection of the tcpa D. holding that language found in 8 usc 1105aa 1961 giving circuit courts of appeal exclusive jurisdiction to review final orders was expressly limited to orders made in the course of deportation proceedings or to direct challenges of the deportation order itself and stating that in all other cases an aliens remedies would lie first in an action brought in an appropriate district court E. holding that use of an identification number that allowed access to long distance telephone service was an access device as defined by 18 usc 1029e1

assistant: The best answer is B. holding that the fcc may consistent with american telephone bar collateral challenges to other fcc orders in proceedings brought to adjudicate applications to provide inregion long distance service
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be effective as of the Effective Date and, unless terminated earlier, this Agreement shall continue in effect on a Licensed Product-by-Licensed Product and country-by-country basis until expiration of the last Royalty Term to expire under this Agreement (“ Term ”). Upon expiration of this Agreement on a Licensed Product-by-Licensed Product and country-by-country basis, Ono’s license pursuant to Section 7.1.1 shall become a fully paid-up, irrevocable, perpetual license, sublicensable without restriction on a Licensed Product-by-Licensed Product and country-by-country basis.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we assume no responsibility or liability for any loss or damage resulting from any interaction with other athletes who employ the services , individuals you meet through the services , or individuals who find you because of content posted on , by or through the services .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: State improperly withheld Rosario material at his trial. Pratt’s motion annexed a DD-5 police report, allegedly prepared by one of the investigating officers, that memorialized taking Aponte on a neighborhood canvass on June 17,1993 in hopes of locating Pratt. The report indicated that before Aponte viewed the photograph array and the lineup, the detective took Aponte on a neighborhood canvass and displayed a photograph of Pratt to a person identified as Juan Rodriguez. Pratt argued that by deliberately withholding this form, which suggested that Aponte had access to a photograph of Pratt before the lineup, the prosecution engaged in misconduct by attempting to mislead the court at the Wade hearing. See United States v. Wade, 388 U.S. 218, 235-38, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967) (<HOLDING>). After initially arguing that the DD-5 report Options: A. holding that sentencing is a critical stage of criminal proceedings and the offer of counsel must be renewed at each critical stage where the defendant appears without counsel B. recognizing that brooks protects against denial of counsel at a critical stage of his trial C. holding that the filing of a motion for a new trial is a critical stage of the prosecution and that an indigent defendant is constitutionally entitled to the assistance of counsel at that stage D. holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel E. holding that a defendant was entitled to counsel at a postindictment lineup

assistant: The best answer is D. holding postindictment lineup is critical stage of trial at which defendant is entitled to presence of counsel
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 shall, at its own expense, obtain and carry insurance in amounts and forms as are customarily carried or maintained by similarly situated companies engaged in similar businesses, including insurance against loss or damage to the Collateral and commercial general liability insurance and the key man life insurance policies required to be maintained by the Loan Parties pursuant to the organizational documents of the Affiliated Entities. The insurance against loss or damage to the Collateral shall name Agent as sole loss payee with respect to the Collateral, shall not be invalidated by any action of or breach of warranty by Borrower of any provision thereof and shall waive subrogation against Agent. The liability policy(ies) shall name Agent as an additional insured in the full amount of Borrower’s liability coverage limits (or the coverage limits of any successor to Borrower or such successor’s parent which is providing coverage), be primary and without contribution as respects any insurance carried by Agent and contain cross liability and severability of interest clauses. All policies of insurance shall provide that Agent shall be given thirty (30) days’ notice of cancellation of coverage. On or prior to the Closing Date and prior to each policy renewal, Borrower shall furnish to Agent, certificates of insurance or other evidence reasonably satisfactory to Agent and Lenders that insurance complying with all of the above requirements is in effect. The proceeds of any key man life insurance policies required to be maintained by the Loan Parties pursuant to the organizational documents of the Affiliated Entities, including Myers and RHB LLC, shall be used to purchase or buy out all of the Equity Securities of such Affiliated Entity held by a Person that is not a Loan Party or Subsidiary such that upon consummation of such purchase or buy out, such Affiliated Entity shall become a wholly-owned direct Subsidiary of a Loan Party and provide a Guaranty in accordance with Section 6.10.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: By holding that the State lacks parens patriae standing because § 1132(a)(3) does not expressly provide for such standing, we do not of course intend to imply that states may only sue in their parens patriae capacity when a statute specifically provides for suits by states. States have frequently been allowed to sue in parens patriae to ... enforce federal statutes that ... do not specifically provide standing for state attorney generals. Id. at 121 (quotations and internal brackets omitted). To underscore the importance of this qualification, the court noted that unlike the carefully circumscribed standing provisions of ERISA, standing provisions in many other statutes implicitly authorized parens patriae standing by using language that permits any “person” who is “a 46 (3d Cir.1971) (<HOLDING>). Although these authorities do not address the Options: A. holding title viii standing as broad as is permitted by article iii of the constitution and extends to indirect victims of defendants housing discrimination B. holding that article iii standing is not a prerequisite to intervention C. holding that article iii standing is necessary for intervention D. holding that title viis term a person claiming to be aggrieved demonstrated congressional intent to confer standing to the fullest extent permitted by article iii E. holding that because article iii standing is jurisdictional it must be decided before other legal issues

assistant: The best answer is D. holding that title viis term a person claiming to be aggrieved demonstrated congressional intent to confer standing to the fullest extent permitted by article iii
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: by the purpose of the comparison or the alteration being detected. Because of its breadth, the comparison step covers detection of yet-undiscovered alterations, as well as comparisons for purposes other than detection of cancer. Even with respect to cancer, the comparisons are not limited to the detection of risk of breast or ovarian cancer. Similar concerns to the ones the Supreme Court expressed in Myriad with respect to isolated DNA exist here: allowing a patent on the comparison step could impede a great swath of research relating to the BRCA genes, and it is antithetical to the patent laws to allow these basic building blocks of scientific research to be monopolized. See Myriad, 133 S.Ct. at 2116; see also Gottschalk v. Benson, 409 U.S. 63, 64, 93 S.Ct. 253, 34 L.Ed.2d 273 (1972) (<HOLDING>). The first paragraphs in claims 7 and 8 are Options: A. holding that a disclaimer stating this particular code or policy handbook is not an expressed or implied contract of employment and does not create any contractual rights of any kind between employer and its employees was clear enough that a B. holding that constitutionally protected property interest in employment does not extend to right to possess and retain particular job or to perform particular services C. holding that a claim on an algorithm for converting binarycoded decimal numbers into pure binary numbers was not patent eligible because the claims were not limited to any particular art or technology to any particular apparatus or machinery or to any particular end use D. holding that a written statement could not be regarded as an affidavit sufficient in law for any purpose because it was not sworn to by any one or before any officer E. holding that courts are not bound to decide any particular jurisdictional question before any other

assistant: The best answer is C. holding that a claim on an algorithm for converting binarycoded decimal numbers into pure binary numbers was not patent eligible because the claims were not limited to any particular art or technology to any particular apparatus or machinery or to any particular end use
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: (quoting Harrington v. State, 200 Ala. 480, 482, 76 So. 422, 424 (1917)). “[T]he law is a reasonable master, and it should be so construed in the light of common sense in ascertain ing the legislative intent.” Stith Coal Co. v. Sanford, 192 Ala. 601, 606-07, 68 So. 990, 992 (1915). We conclude that § 26-18-5 does not establish a firm deadline beyond which a petition for termination of parental rights cannot be filed. Similarly, § 26-18-5(b), Ala.Code 1975, does not necessarily establish a “starting point” for DHR to file a petition to terminate parental rights. The starting point is not simply those conditions set out in § 26-18-5(b), but, as always, is triggered by the best interests of the child. See J.C. v. State Dep’t of Human Res., 986 So.2d 1172, 1191-94 (Ala.Civ.App.2007) (<HOLDING>). If DHR has sufficient evidence indicating Options: A. holding that the mortgage conveys such interests that the mortgagee is the holder of the paramount title B. holding that best interests of the child analysis requires consideration of all section 5328a factors C. holding that paramount consideration in terminationofparentalrights proceeding is best interests of the child D. holding that the primary and overarching consideration in custody determination is the best interest of the child E. holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity

assistant: The best answer is C. holding that paramount consideration in terminationofparentalrights proceeding is best interests of the child
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Stock Appreciation Rights granted to Participants other than non-employee directors that vest solely based on the passage of time shall not vest (i) prior to the first anniversary of the date of grant; (ii) as to more than one-third of the Award prior to the second anniversary of the date of grant; and (iii) as to more than two-thirds of the Award prior to the third anniversary of the date of grant. Stock Appreciation Rights granted to non-employee directors that vest solely based on the passage of time shall not vest: (i) prior to the earlier of the first anniversary of the date of grant and the date of the first annual meeting held after the date of grant; (ii) as to more than one-third of the Award prior to the earlier of the second anniversary of the date of grant and the date of the second annual meeting held after the date of grant; and (iii) as to more than two-thirds of the Award prior to the earlier of the third anniversary of the date of grant and the date of the third annual meeting held after the date of grant. Notwithstanding the foregoing, the Board or the Committee, either at the time the Stock Appreciation Right is granted or at any time thereafter, may allow an Stock Appreciation Right to accelerate and become vested, in whole or in part, prior to the vesting date specified above, in the event of the death or disability of the Participant. Stock Appreciation Rights that do not vest solely based on the passage of time shall not vest prior to the first anniversary of the date of grant (or, in the case of Awards to non-employee directors, the earlier of the first anniversary of the date of grant and the date of the first annual meeting held after the date of grant). The foregoing minimum vesting requirements shall not apply to Awards granted, in the aggregate, for up to 5% of the authorized number of shares specified in Section 4(a). For the avoidance of doubt, all shares of Common Stock underlying Awards granted under the Plan shall be counted on a one-for-one basis for purposes of the minimum vesting provision set forth in this section. The six foregoing sentences shall only apply to Stock Appreciation Rights granted on or after May 19, 2016.

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 legal provision and list the applicable contract clause categories. Provision: Except as set forth in the Prospectus Supplement, the Company shall use the net proceeds from the sale of the Securities hereunder for working capital purposes and shall not use such proceeds: (a) for the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices or debt disclosed in the SEC Reports), (b) for the redemption of any common stock or common stock equivalents except for any Company right of repurchase that may be applicable to exercised stock options, (c) for the settlement of any outstanding litigation or (d) in violation of FCPA or OFAC regulations.

assistant: Use Of Proceeds
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 Amendment shall be binding upon and inure to the benefit of the Borrower, the other Borrower Parties, each member of the Lender Group (including the New Lenders) and their respective successors and assigns; provided, that the Borrower shall be entitled to delegate any of its duties hereunder or assign any of its rights or remedies set forth in this Amendment without the prior written consent of Administrative Agent in its sole discretion. No Person other than the Borrower, the other Borrower Parties and the Lender Group (including the New Lenders) and, in the case of Section 7 hereof, the Releasees, shall have any rights hereunder or be entitled to rely on this Amendment and all third-party beneficiary rights (other than the rights of the Releasees under Section 7 hereof) are hereby expressly disclaimed.

assistant: Assignments