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

user: Read the legal provision and list the applicable contract clause categories. Provision: Wherever possible, each provision of this Warrant shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Warrant shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Warrant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by Otay Mesa to date. See City of Riverside v. Rivera, 477 U.S. 561, 580 n.11, 106 S.Ct. 2686, 91 L.Ed.2d 466 (1986) (cautioning that “the government cannot litigate tenaciously and then be heard to complain about the time necessarily spent by the plaintiff in response.”). After the first appeal in this case, the only remaining issue before this Court was to determine the amount Otay Mesa should recover in just compensation, with interest, for the Government’s taking of a permanent easement over Otay Mesa’s property. Given the Government’s stipulation, Otay Mesa is entitled to reimbursement for its reasonable attorneys’ fees and expenses incurred in securing just compensation for the Government’s taking, Cloverport Sand & Gravel Co., Inc. v. United States, 10 Cl.Ct. 121, 127 (1986) (<HOLDING>). The Government stipulated to the taking of an Options: A. holding that when the government stipulated to liability for a taking the uniform relocation act applied at that point and mandated the award of reasonable attorneys fees and expenses even though there was limited success on the merits and certainly not the results reached that the plaintiff had contemplated B. holding that the court of appeals erred in modifying the judgment to include attorneys fees when the trial courts refusal to grant attorneys fees was not the subject of a point of error C. holding that even though the complaint was dismissed without prejudice as a sanction for misconduct and even though the order of dismissal was therefore not an adjudication on the merits the defendants were nevertheless properly considered the prevailing party for purposes of attorneys fees D. holding that the plaintiff had established an entitlement to relief on the merits of the claim and was therefore entitled to fees even though it was remanded to the agency for further action E. holding that a district court may award attorneys fees while the merits are on appeal

assistant: The best answer is A. holding that when the government stipulated to liability for a taking the uniform relocation act applied at that point and mandated the award of reasonable attorneys fees and expenses even though there was limited success on the merits and certainly not the results reached that the plaintiff had contemplated
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: you are responsible for keeping your device and your whatsapp account safe and secure , and you must notify us promptly of any unauthorized use or security breach of your account or our 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are using the service on behalf of a company , organization or other legal entity ( collectively , `` user organization '' ) , you represent and warrant that you are an employee of that user organization or other person authorized to do so .

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: Each Borrower hereby indemnifies each of the Lenders against any loss or expense (including any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain a LIBOR Rate Loan or from fees payable to terminate the deposits from which such funds were obtained) which may arise or be attributable to each Lender’s obtaining, liquidating or employing deposits or other funds acquired to effect, fund or maintain any Loan (a) as a consequence of any failure by any Borrower to make any payment when due of any amount due hereunder in connection with a LIBOR Rate Loan, (b) due to any failure of any Borrower to borrow, continue or convert on a date specified therefor in a Notice of Borrowing or Notice of Conversion/Continuation or (c) due to any payment, prepayment or conversion of any LIBOR Rate Loan on a date other than the last day of the Interest Period therefor. The amount of such loss or expense shall be determined, in the applicable Lender’s sole discretion, based upon the assumption that such Lender funded its Commitment Percentage of the LIBOR Rate Loans in the London interbank market and using any reasonable attribution or averaging methods which such Lender deems appropriate and practical. A certificate of such Lender setting forth the basis for determining such amount or amounts necessary to compensate such Lender shall be forwarded to the Borrowing Agent through the Administrative Agent and shall be conclusively presumed to be correct save for manifest error.

assistant: Indemnity
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 Stock Option agreement shall provide that, upon exercise of the Option, the Participant shall make appropriate arrangements with the Company to provide for not less than the minimum amount of tax withholding required by law, including without limitation Sections 3102 and 3402 or any successor section(s) of the Internal Revenue Code and applicable state and local income and other tax laws, by payment of such taxes in cash (including wire transfer), by check, or as provided in Section 11 hereof.

assistant: Tax Withholdings
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 broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of any the Company Entities.

assistant: Brokers
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: all notices given by you or required under this agreement shall be faxed to linden lab legal department at : (415) 243-9045 ; or mailed to us at : linden lab legal department , 945 battery street , san francisco , ca 94111 .

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 and the award evidenced hereby are made and granted pursuant to the Plan and are in all respects limited by and subject to the terms of the Plan. All decisions of the Committee with respect to any question or issue arising under the Plan or this Agreement shall be conclusive and binding on all persons having an interest in this award.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that it was implausible that an Orthodox priest would have retaliated against Farcas if she converted his niece was not supported by any corroborating evidence in the record. Thus, none of the IJ’s findings of implausibility provides a legitimate or cogent basis upon which to make an adverse credibility finding. The IJ also erred by giving diminished weight to affidavits introduced into the record by Farcas at her asylum hearing, as the reasons stated by the IJ for doing so are without merit. Wang v. INS, 352 F.3d 1250, 1254 (9th Cir.2003) (“Mere failure to authenticate documents, at least in the absence of evidence undermining their reliability, does not constitute sufficient foundation for an adverse credibility determination”); Zhou v. Gonzales, 437 F.3d 860, 866 (9th Cir.2006)(<HOLDING>). Lastly, we hold that the IJ erroneously Options: A. holding that it is error for an ij to rely upon the petitioners inability to obtain live testimony from persons living abroad to support an adverse credibility determination B. holding that in the absence of an adverse credibility determination the court must accept petitioners testimony as true C. holding that after the real id act the ij must still provide specific examples of a petitioners demean or that would support this basis for an adverse credibility determination D. holding an ij must to address a petitioners explanation for inconsistencies to rely upon them as the basis for an adverse credibility finding E. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination

assistant: The best answer is A. holding that it is error for an ij to rely upon the petitioners inability to obtain live testimony from persons living abroad to support an adverse credibility determination
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: Promptly after Landlord determines that a First Offer Space is or shall become available for lease to third parties, Landlord shall give Tenant written notice (the " First Offer Notice ") that the First Offer Space will or has become available for lease to third parties (as such availability is reasonably determined in good faith by Landlord) pursuant to the terms of Tenant's Right of First Offer. (The First Offer Notice may be conditioned on the failure of a holder of Superior Rights to lease the First Offer Space.) The First Offer Notice shall set forth the material terms upon which Landlord is willing to lease the First Offer Space to Tenant, including, but not limited to: (i) the Base Rent, which shall equal Landlord's good faith estimate of the Prevailing Market Rate of the First Offer Space for the proposed term; (ii) the tenant improvements Landlord proposes to install and/or any tenant improvement allowance that Landlord proposes to pay to a tenant in connection with a lease of the First Offer Space; (iii) the anticipated date upon which possession of such First Offer Space will be available; (iv) any other material economic terms that Landlord is proposing; and (v) such other matters as Landlord in its commercially reasonable judgment may wish to include as proposed terms.

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: The Borrower shall notify the Administrative Agent by telephone or e-mail (confirmed by facsimile) of any prepayment hereunder (i) in the case of prepayment of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of prepayment, or (ii) in the case of prepayment of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of prepayment. Each such notice shall be irrevocable and shall specify the prepayment date and the principal amount of each Borrowing or portion thereof to be prepaid. Promptly following receipt of any such notice relating to a Borrowing, the Administrative Agent shall advise the Lenders of the contents thereof. Each partial prepayment of any Borrowing shall be in an amount that would be permitted in the case of an advance of a Borrowing of the same Type as provided in Section 2.02. Each prepayment of a Borrowing shall be applied ratably to the Loans included in the prepaid Borrowing. Prepayments shall be accompanied by accrued interest to the extent required by Section 3.02.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS ASSIGNMENT AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW THEREOF THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.

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 case excerpt and choose the best holding from the options. Case excerpt: will impose an undue hardship....” 11 U.S.C. § 523(a)(8). The term “debt” here is unitary, and not susceptible to “partial” debt readings. When Congress wanted to permit partial discharge, it made that obvious through such language as “to the extent,” which Congress used elsewhere to modify the term debt. See 11 U.S.C. §§ 523(a)(2), 523(a)(5), and 523(a)(7). Here, the term “debt” is used in the general, § 101(5) sense: as a liability based on a claim, rather than some portion thereof. Because the plain language of § 523(a)(8) governs the dischargeability of student loan indebtedness and does not permit partial discharge, the plain language of § 105 makes clear that the court’s equitable powers cannot include the ability to partially discharge student loan debt. See 11 U.S.C. § 105 (<HOLDING>). Where, as here, the equitable remedy stands Options: A. recognizing constructive trust as appropriate equitable remedy B. holding that 1 usc 1 does not apply except where it is necessary to carry out the evident intent of the statute C. recognizing equitable powers necessary and appropriate to carry out the provisions of this title D. holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute E. holding that section 105 grants statutory contempt powers in the bankruptcy context that may be used to award monetary and other forms of relief for automatic stay violations to the extent such awards are necessary and appropriate to carry out the provisions of the bankruptcy code

assistant: The best answer is C. recognizing equitable powers necessary and appropriate to carry out the provisions of this title
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’s proxy statement filed pursuant to Section 14(a) of the Securities Exchange Act of 1934 as of March 17, 2017 sets forth all transactions with Affiliates involving the Loan Parties or their respective Subsidiaries existing as of the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: After giving effect to the first closing of the Acquisition and to the transactions contemplated by this Agreement and the other Transaction Documents, (a) the aggregate assets (after giving effect to amounts that could reasonably be received by reason of indemnity, offset, insurance or any similar arrangement), at a fair valuation, of the Company will exceed the aggregate Debt of the Company as the Debt becomes absolute and matures, (b) the Company has not incurred and does not intend to incur, and does not believe that it will incur, Debt beyond its ability to pay such Debt (after taking into account the timing and amounts of cash to be received by the Company and the amounts to be payable on or in respect of its liabilities, and giving effect to amounts that could reasonably be received by reason of indemnity, offset, insurance or any similar arrangement) as such Debt becomes absolute and matures and (c) the Company will not have (and has no reason to believe that it will have thereafter) unreasonably small capital for the conduct of its business.

assistant: Solvency
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 arm or leg controls. 20 C.F.R. §§ 404.1567(b); 416.967(b). A person capable of performing light work can also perform sedentary work, unless there are additional limiting facts such as loss of fine dexterity or inability to sit for long periods of time. Id. 8 . The ALJ indicated that Rosa's collecting of unemployment certified that she was ready, willing and able to work at the time she was laid off. A.R. at 60. Finding someone “not disabled” based solely on their collection of unemployment benefits is inappropriate; however, it seems here that while Rosa's collection of unemployment benefits may have been an element of ALJ Resnick's decision, it was not the deciding factor, or even a major deciding factor. See Perez v. Sec'y of Health, Educ. & Welfare, 622 F.2d 1, 3 (1st Cir.1980) Options: A. holding that claimant may simultaneously receive unemployment benefits and workers compensation for temporary partial disability where statute only precludes receipt of workers compensation for temporary total or permanent total disability if claimant is receiving unemployment benefits B. holding 1001 prosecution for false statements in unemployment benefits not precluded by unemployment benefits statute specifically addressing topic C. holding that unemployment compensation benefits received by plaintiff are collateral source and that defendant could not reduce personal injury damages because of such benefits D. holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits E. recognizing receipt of unemployment benefits could impact a claimants disability claim

assistant: The best answer is D. holding that the consideration of the fact that claimant collected unemployment benefits while he was allegedly disabled was not a ground for reversal where there was other medical and vocational evidence supporting denial of benefits and claimants receipt of unemployment benefits was not decisive factor in denial of benefits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: At the request of Agent or any Lender at any time and from time to time, Borrowers shall, at their expense, duly execute and deliver, or cause to be duly executed and delivered, such further agreements, documents and instruments, and do or cause to be done such further acts as may be necessary or proper to evidence, perfect, maintain and enforce the security interests and the priority thereof in the Collateral and to otherwise effectuate the provisions or purposes of this Agreement or any of the other Financing Agreements. Agent may at any time and from time to time request a certificate from an officer of Borrowers representing on behalf of Borrowers that all conditions precedent to the making of Loans and providing Letter of Credit Accommodations contained herein are satisfied. In the event of such request by Agent, Agent and Lenders may, at Agent’s option, cease to make any further Loans or provide any further Letter of Credit Accommodations until Agent has received such certificate and, in addition, Agent has determined that such conditions are satisfied. Where permitted by law, Borrowers hereby authorizes Agent and any Lender to execute and file one or more UCC or PPSA financing statements signed only by Agent and any Lender as deemed appropriate by Agent to perfect Agent’s and Lender’s security interests in the Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise provided herein, any notice required or permitted by this Warrant shall be in writing and shall be deemed sufficient upon delivery, when delivered personally or by overnight courier or sent by facsimile, or 48 hours after being deposited in the U.S. mail, as certified or registered mail, with postage prepaid, addressed to the party to be notified at such party’s address as set forth on the signature page, or as subsequently modified by written notice.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the existence and content of the mediation and arbitration proceedings , including documents and briefs submitted by the parties , correspondence from and to the international chamber of commerce , correspondence from the mediator , and correspondence , orders and awards issued by the sole arbitrator , shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless : ( i ) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings ; and ( ii ) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements in this Section 10.5 and the indemnity provisions of Section 10.2(b) shall survive the resignation of the Administrative Agent, the replacement of any Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations hereunder.

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: Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned, in whole or in part, by the Stockholder or any Stockholder Affiliate without the prior written consent of the Company or by the Company without the prior written consent of the Stockholder. Any purported assignment in breach of this Section 12.8 shall be null and void. For the avoidance of doubt, the rights, interests and obligations in Article III are not assignable.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if your state or country requires a certain period for which a warranty applies , it will be either the shorter of 30 days from your first use of the service or the shortest period required by law .

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, together with all the Exhibits attached hereto, constitutes the entire agreement of the Parties with respect to the subject matter hereof as applicable to such Party and supersedes all prior agreements and undertakings, both written and oral, between any of the Parties with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 8 . See, e.g., Nolfi v. Ohio Ky. Oil Corp., 675 F.3d 538, 547 (6th Cir.2012); Pacific Dunlop Holdings v. Allen & Co., 993 F.2d 578, 581 (7th Cir.1993); Adena Exploration, Inc. v. Sylvan, 860 F.2d 1242, 1244 (5th Cir.1988); Penturelli, 779 F.2d 160 at 166; Gilbert v. Nixon, 429 F.2d 348, 354 (10th Cir.1970); Shimer v. Webster, 225 A.2d 880, 883 (D.C.1967); Fund of Funds, Ltd. v. Arthur Andersen & Co., 545 F.Supp. 1314, 1346 (S.D.N.Y.1982). 9 . Interpreting the same language, the United States District Court for the Central District of Illinois observed that Congress intended “to specifically include as securities 'only that form of splitting up of mineral interests which had been most utilized for speculative purposes.’ ” Fearneyhough v. McElvain, 598 F.Supp. 905, 907 (C.D.Ill.1984) (<HOLDING>). 1 The Lenau [Appellants] signed the Options: A. recognizing that it is an unusual challenge to a sale that does not distort the validity of the sale and that the exception likely has meaning only when collateral issues are challenged B. holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b C. holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the instrument D. holding that the sale of the entire leasehold interest in the oil and gas rights in plaintiffs land does not constitute the sale of a security within the meaning of the 1933 and 1934 acts notwithstanding the fact that the plaintiffs retained an overriding oneeighth 18 royalty interest E. holding that the amount of water rights appurtenant to the land is the amount that is being used thereon before and at the time of the sale

assistant: The best answer is D. holding that the sale of the entire leasehold interest in the oil and gas rights in plaintiffs land does not constitute the sale of a security within the meaning of the 1933 and 1934 acts notwithstanding the fact that the plaintiffs retained an overriding oneeighth 18 royalty interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, for all purposes, shall be construed in accordance with the laws of the State of New Jersey without regard to conflicts of law principles. Any action or proceeding by either of the parties to enforce this Agreement shall be brought only in a state or federal court located in New Jersey. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: subscriber shall own all subscriber content that subscriber contributes to the site , but hereby grants and agrees to grant 9gag , inc a non-exclusive , worldwide , royalty-free , transferable right and license ( with the right to sublicense ) , to use , copy , cache , publish , display , distribute , modify , create derivative works and store such subscriber content and to allow others to do so ( `` content license '' ) in order to provide 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: award becomes final once the arbitrator releases his findings. This reasoning is proper given the parties’ reliance on AAA procedural rules and the absence of language in the policy indicating that the arbitration clause was nonbinding. Duke v. Crop Growers Ins., Inc., 70 F.Supp.2d 711, 716 n. 3 (S.D.Tex.1999) (emphasis added); see also McKee v. Home Buyers Warranty Corp. II, 45 F.3d 981, 983 (5th Cir.1995) (“Numerous courts have held that arbitration is binding where the rules under which the arbitration is conducted call for binding arbitration.... [A]ll parties are on notice that resort to AAA arbitration will be deemed both binding end subject to entry of judgment unless the parties expressly agree otherwise.”); Rainwater v. Nat’l Home Ins. Co., 944 F.2d 190 (4th Cir.1991) (<HOLDING>). For the aforementioned reasons, the Options: A. holding that an arbitration in accordance with aaa rules is a binding arbitration B. holding that failure to attach the aaa arbitration rules weighed in favor of a finding of procedural unconscionability C. holding that arbitration award is binding on the parties D. holding that an arbitration agreement was procedurally unconscionable because it did not attach the aaa rules E. holding that an aaa arbitration was a private proceeding and therefore that a decision by the arbitrator pursuant to the federal arbitration act did not constitute state action

assistant: The best answer is A. holding that an arbitration in accordance with aaa rules is a binding 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 case excerpt and choose the best holding from the options. Case excerpt: S.Ct. 673. Citing Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932), the Supreme Court said: The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not. Missouri v. Hunter, 459 U.S. at 366, 103 S.Ct. 673. “Absent a clear statement of legislative intent to authorize separate punishments for two crimes, courts employ the Blockburger test, as codified in section 775.021, Florida Statutes (1997), to determine whether separate offenses exist.” Gordon v. State, 780 So.2d 17, 19-20 (Fla.2001); see also Jones v. State, 608 So.2d 797 (Fla.1992) (<HOLDING>). Like the charges that Mr. Rodriguez faced Options: A. holding that the defendants juvenile convictions for burglary were crimes of violence for purposes of the section 9711d9 aggravating circumstance B. holding that possession of burglary tools is an offense separate from burglary C. holding that the double jeopardy clause was not violated by two convictions arising from the same criminal episode because the crimes of attempted burglary and possession of burglary tools each had an element the other did not and were thus separate crimes D. holding that iowa burglary is not categorical burglary as the elements of iowa burglary law are broader than those of generic burglary E. holding that convictions for the crimes of conspiracy and continuing criminal enterprise violate double jeopardy

assistant: The best answer is C. holding that the double jeopardy clause was not violated by two convictions arising from the same criminal episode because the crimes of attempted burglary and possession of burglary tools each had an element the other did not and were thus separate crimes
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 interest, see Sable Commc’ns of Cal., Inc. v. FCC, 492 U.S. 115, 126, 109 S.Ct. 2829, 106 L.Ed.2d 93 (1989). On the other hand, mere “regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication” are permitted. Perry, 460 U.S. at 45, 103 S.Ct. 948. In evaluating whether a regulation is a content-based restriction, the Fourth Circuit has adopted a pragmatic, rather than formalistic, test. See Clatterbuck, 708 F.3d at 556; Brown v. Town of Cary, 706 F.3d 294, 302-04 (4th Cir.2013). Under this test, a district court should first determine whether a regulation facially distinguishes based on content. Cf. Clatterbuck, 708 F.3d at 556 (<HOLDING>). If the court determines that the regulation Options: A. holding that a court must first determine whether the intent of congress is clear or instead the statute is silent or ambiguous with respect to the specific issue B. holding regulation facially distinguished based on content but remanding to district court to determine whether regulation also distinguished with a censorial intent C. holding that the district court did not have jurisdiction and remanding the matter to state court D. holding that eco nomic injury caused by contractual obligations that stemmed from compliance with a regulation were sufficiently caused by the regulation to support standing E. holding district court should have abstained pursuant to younger and thus remanding to district court to dismiss without prejudice

assistant: The best answer is B. holding regulation facially distinguished based on content but remanding to district court to determine whether regulation also distinguished with a censorial intent
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: Inc., 64 F.Supp.2d 1156, 1164 (M.D.Ala.1999) (finding that the plaintiffs were entitled to recover $115.00 in actual damages for correspondence and travel and finding genuine issue of material fact as to whether the plaintiffs suffered actual damages in the amount of time taken away from work to prepare correspondence and travel to pick up registered mail); John-stone v. Bank of America, N.A, 173 F.Supp.2d 809, 816 (N.D.Ill.2001) (finding that plaintiff could recover for loss of time and inconvenience provided that she could establish actual pecuniary loss); Cortez v. Keystone Bank, Inc., No. 98-2457, 2000 WL 536666, *12 (E.D.Pa. May 2, 2000) (acknowledging that if the loan servicer failed to make appropriate corrections within 60 days after receiving a 2d 809, 815 (N.D.Ill.2001) (<HOLDING>); Wright v. Litton Loan Servicing LP., No. Options: A. holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress B. holding that plaintiffs respa claim failed as a matter of law where it did not allege actual damages C. holding that even emotional damages could constitute actual damages for purposes of 2605f1a D. holding that a plaintiff can seek statutory damages even in the absence of actual damages E. holding that actual damages under respa included emotional damages

assistant: The best answer is E. holding that actual damages under respa included emotional damages
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: Day did not have a valid Fifth Amendment right to invoke in the first instance and because she had no legitimate fear- of further prosecution given the grant of immunity, her refusal to testify was indefensible. While there are clearly valid reasons for not wanting to call a witness to the stand solely to give her the opportunity to invoke the privilege against self-incrimination, those concerns, as discussed in section III.C. of this opinion, do not unequivocally countenance against requiring a witness to take the stand. The State maintains that regardless of the validity of the Fifth Amendment privilege, the trial court should not call a witness to the stand for the singular purpose of exercising this right in the jury’s presence. See U.S. v. Griffin, 66 F.3d 68, 70 (5th Cir.1995) (<HOLDING>); see also Martin v. U.S., 756 A.2d 901, 905 Options: A. holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely B. holding that trial court did not abuse its discretion by refusing to strike witnesss testimony on direct examination when witness asserted fifth amendment on collateral matters on crossexamination particularly when witness was required to invoke privilege in presence of jury C. recognizing that trial court has duty to determine whether witness silence is properly grounded in fifth amendment and to require witness to answer where refusal to testify is not warranted D. holding that trial court has discretion to permit defendant to call accused witness to stand and permit witness to invoke fifth amendment privilege in front of jury where entire defense was centered on witness commission of crime E. holding that an adverse inference cannot be drawn from a defendants failure to call a witness if the states evidence establishes that the witness is an accomplice who would be entitled to assert a fifth amendment privilege

assistant: The best answer is A. holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely
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: pharmacy problem resulting from what was administered. 6 . We do not feel it is within our realm of expertise, nor is it our duty, to determine if incompatibility existed. St. Joseph maintained that De Anda should have checked for incompatibility and that her failure to do so was the reason for her termination; not whether there was, in fact, an incompatibility. Whether St. Joseph was wrong in its determination that she should have checked is irrelevant, as long as its belief, though erroneous, was the basis for the termination. Jefferies v. Harris County Community Action Center, 615 F.2d 1025, 1032. 7 . Such an error might occur if the trial court required that the burden of proof rather than of production of evidence shift to the defendant after the plaintiff had established r. 1980) (<HOLDING>). Additionally, there is a split in the Options: A. holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence B. recognizing that a plaintiffs burden in establishing a prima facie case is not onerous C. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 D. holding that a prima facie case is subject to independent review E. holding that close temporal proximity is sufficient to establish a prima facie case of retaliation

assistant: The best answer is D. holding that a prima facie case is subject to independent review
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 Warrant, the Commitment Agreement and the Registration Rights Agreement dated as of March 26, 2018 by and among the Company, IEA Parent, M III Sponsor I LLC and M III Sponsor I LP, Cantor Fitzgerald & Co., Mr. Osbert Hood and Mr. Philip Marber, as amended, constitute the sole and entire agreement of the parties to this Warrant with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of any inconsistency between the provisions contained in this Warrant and the Commitment Agreement, the provisions contained in this Warrant shall control.

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: Upon a Party's reasonable request, the other Party or Parties shall, at the requesting Party’s sole cost and expense, execute and deliver all further documents and instruments, and take all further acts, as are reasonably necessary to give full effect to this Agreement. Each Party will take all reasonable actions necessary to comply promptly with all legal requirements which may be imposed on such Party with respect to this Agreement and will promptly cooperate with and furnish information to the other Party in connection with any such requirements imposed upon such other Party in connection with this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Company shall employ Executive, and Executive shall serve as President, Rental Tools and Well Services of the Company. Executive’s principal place of employment shall be at the corporate offices of the Company in Houston, Texas. Executive understands and agrees that Executive may be required to travel from time to time for purposes of the Company’s business.

assistant: Employment
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: Effective _____________ (the “Grant Date”), Grantee has been awarded Restricted Stock Units (“RSUs”) representing ______ shares of Common Stock of The Hershey Company (“Hershey”). Each RSU represents the right to receive one share of Hershey’s Common Stock, $1.00 par value, at a future date and time, subject to the terms of this Notice of Award of Restricted Stock Units (the “Notice of Award”).

assistant: Effective Dates
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: Master, supra, 748 F.Supp. at 392 (“The court notes that there is no statutory language in the CERCLA statute which supports such an argument”). Certain of the courts that have held governmental agency involvement can satisfy the NCP’s public comment requirement appear to have relied on the fact that the agency’s process itself involved opportunities for public input and involvement. See Estes v. Scotsman Group, Inc., 16 F.Supp.2d 988, 991 (C.D.Ill.1998) (“Cases allowing public agency involvement to be substituted for public comment have only allowed such a substitution if the public is provided an ample opportunity for comment and there is substantial involvement throughout the cleanup by a state agency”); Amcast Industrial Corp. v. Detrex Corp., 779 F.Supp. 1519, 1537 (N.D.Ind.1991) (<HOLDING>), rev’d. in part on other grounds, 2 F.3d 746 Options: A. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public B. holding that the ncp public participation requirement was fulfilled because the indiana department of environmental management gave public notice and received public comments before issuing an npdes permit for the cleanup even if it did not hold a public hearing C. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice D. holding that significant involvement of government agency charged with protecting public environmental interest satisfies public participation requirement in certain circumstances E. holding that significant state involvement satisfies public participation requirement because it serves the identical purpose that the public notice provision seeks to effectuate

assistant: The best answer is B. holding that the ncp public participation requirement was fulfilled because the indiana department of environmental management gave public notice and received public comments before issuing an npdes permit for the cleanup even if it did not hold a public hearing
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 Award Notice and the Plan are incorporated herein by reference. Capitalized terms not defined herein shall have the meanings specified in the Plan. This Agreement, the Award Notice and the Plan constitute the entire agreement of the parties with respect to the subject matter hereof and supersede in their entirety all prior undertakings and agreements of the Company and the Holder with respect to the subject matter hereof, and may not be modified if such modification is materially adverse to the Holder’s interest except by means of a writing signed by the Company and the Holder.

assistant: Entire Agreements