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: if the carrier has released the shipper from liability under the bills of lading is the shipper discharged from his duty to pay the carrier by remitting payment to the consolidator; otherwise, the shipper, by choosing not to pay the carrier directly, assumes the risk that the consolidator might fail to forward the freight payment on to the carrier. Under an alternative, “equitable estop-pel” view, when a shipper pays freight to a consolidator and the consolidator subsequently fails to forward the payment on to the carrier, the shipper does not remain hable to the carrier, so long as the circumstances indicate that the carrier led the shipper to believe that payment to the cargo consolidator would discharge the debt. See Olson Distrib. Sys. v. Glaswrit Am., 850 F.2d 295 (6th Cir.1988) (<HOLDING>); Inman Freight Sys., Inc. v. Olin Corp., 807 Options: A. holding that carrier may be estopped from collecting freight charges from shipper who paid freight to consolidator in reliance on carriers representation that such payment would discharge shippers bill of lading obligation B. holding that bill of lading not charterparty governed contract dispute between carrier and shipper C. holding doctrine of equitable estoppel barred carriers claim against shipper for payment of freight bills after carriers documents and dilatory conduct led shipper to believe that carrier was receiving freight payments from cargo consolidator D. holding that shipper negligence does not absolve a carrier of liability if damage would not have occurred but for the concurrent fault of the carrier E. holding that carrier is estopped from collecting freight charges from shipper when shipper had paid consolidator in reliance on carriers misrepresentation that it had already received its payment from consolidator and shipper would thus otherwise be unjustifiably liable for double payment

assistant: The best answer is C. holding doctrine of equitable estoppel barred carriers claim against shipper for payment of freight bills after carriers documents and dilatory conduct led shipper to believe that carrier was receiving freight payments from cargo consolidator
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 Fourth Amendment is binding upon and will inure to the benefit of the Borrower, the Lenders and the Administrative Agent and their respective successors and assigns, except that neither the Borrower nor any Lender will not have the right to assign its rights hereunder or any interest herein except in accordance with the terms of the Revolving Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value. See Fed. R.App. P. 32.1; 10th Cir. R. 32.1. 1 . We ordinarily lack jurisdiction to review the dismissal of a complaint without prejudice. But we have jurisdiction here because the district court dismissed the entire action, not just the complaint. See B. Willis, C.P.A., Inc. v. BNSF Ry. Corp., 531 F.3d 1282, 1296 n. 15 (10th Cir.2008) Options: A. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order B. holding dismissal without prejudice to refile a facially sufficient motion is a nonappealable nonfinal order C. holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered D. holding that an order that determines only the right to attorneys fees without setting the amount is a nonappealable nonfinal order E. holding that the dismissal of a complaint ordinarily is a nonfinal nonappealable order since amendment generally is available while dismissal of the entire action ordinarily is final

assistant: The best answer is E. holding that the dismissal of a complaint ordinarily is a nonfinal nonappealable order since amendment generally is available while dismissal of the entire action ordinarily is final
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 4. Except as otherwise provided in this Agreement, without the prior written consent of the Disclosing Party, Recipient shall not disclose to any person or entity (other than its Representatives who are involved in its evaluation of the Purpose) any information with respect to the occurrence or content of any discussions or negotiations between the Parties.

assistant: Yes
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: Court never explicitly addressed the Appellants’ immunity claims, we must decide whether we have interlocutory jurisdiction to review an implied denial of those claims. We join the other Circuit Courts of Appeals that have addressed this issue and hold that we do. See Lowe v. Town of Fairland, 143 F.3d 1378, 1380 (10th Cir.1998); Zayas-Green v. Casaine, 906 F.2d 18, 23 (1st Cir.1990); Musso v. Hourigan, 836 F.2d 736, 741 (2d Cir.1988); Craft v. Wipf, 810 F.2d 170, 173 (8th Cir.1987); Helton v. Clements, 787 F.2d 1016, 1017 (5th Cir.1986) (per curiam); see also Nelson v. Jashurek, 109 F.3d 142, 146-147 (3d Cir.1997) (suggesting interlocutory jurisdiction might exist where denial of qualified immunity claim can be inferred); Ryan v. Burlington County, 860 F.2d 1199, 1203 (3d Cir.1988) (<HOLDING>). Allowing this case to proceed to trial Options: A. holding the order is only reviewable if actually considered by the district court B. holding that a district courts order is final and immediately reviewable under mitchell if the appellants properly raised a claim of qualified immunity in the district court C. holding that a denial of a claim of qualified immunity is an appealable final decision D. holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable E. holding that the issue of whether the attorney general was entitled to qualified immunity is immediately appealable under the collateral order doctrine

assistant: The best answer is B. holding that a district courts order is final and immediately reviewable under mitchell if the appellants properly raised a claim of qualified immunity in the district court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company understands and confirms that the Purchaser will rely on the representations and warranties contained herein in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchaser regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby, including the PPM and the disclosure schedules to this Agreement, taken as a whole, is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The Company acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 4 hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 3.13 sets forth an accurate and complete list (including the name of the insurer, coverage, premium and expiration date) of all binders, policies of insurance, self-insurance programs or fidelity bonds (“ Insurance ”) maintained by the Company, or in which the Company is a named insured, true and complete copies of which have been provided to Buyer. All Insurance contains valid and enforceable policies or binders for the benefit of the Company, and all such policies or binders are in full force and effect, are in amounts and for risks, casualties and contingencies customarily insured against by enterprises in operations similar to the Business, and provide coverage for any and all events that may occur while such policies or binders are in effect. There are no pending or asserted claims against any Insurance as to which any insurer has denied liability, and there are no claims under any Insurance that have been disallowed or improperly filed.

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 legal provision and list the applicable contract clause categories. Provision: Company confirms that neither it nor any other person or entity acting on its behalf has provided JGB or its counsel with any information that constitutes or might constitute material, nonpublic information. The Company will disclose the material terms of this Agreement and the transactions contemplated hereby by not later than 5:30 p.m. on May 23, 2016, or such earlier time as may be required by law, by means of a Current Report on Form 8-K filed with the Securities and Exchange Commission. Such Current Report on Form 8-K shall include as exhibits this Agreement, the A&R Debenture, and any other material agreement related to the foregoing. The Current Report on Form 8-K shall be subject to the prior review and comment of JGB. From and after the filing of the Current Report on Form 8-K with the SEC, the Company acknowledges and agrees that JGB shall not be in possession of any material, nonpublic information received from the Company, any Guarantor or any of their respective officers, directors, employees or agents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Purchased Stock has been duly and validly authorized, and is duly and validly issued, fully paid and non‑assessable. The Purchased Stock is free and clear of any and all claims, liens, pledges, charges, encumbrances, mortgages, security interests, options, preemptive or other rights, restrictions on transfer, or other interests or equities or imperfections of title whatsoever. There are no other type of equity securities of Company outstanding on the date hereof and there are no existing warrants, preemptive or other rights, options, calls, commitments, conversion privileges, or other agreements (all of the foregoing being collectively called "Options") obligating the Company to issue any or all of its authorized and unissued capital stock, or any security convertible into and/or exchangeable for capital stock of the Company. The Company has no capital stock of any class authorized or outstanding except as identified herein. The Purchased Stock represents forty-nine percent (49%) of the issued and outstanding capital stock of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower, the Administrative Agent, the Swing Line Lender or any L/C Issuer, sell participations to any Eligible Assignee (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided , that (i) such Lender’s obligations under this Agreement shall remain unchanged; (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations; and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuers shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce this Agreement and to approve any amendment, modification or waiver of any provision of this Agreement; provided , that such agreement or instrument may provide that such Lender will not, without the consent of the Participant, agree to any amendment, waiver or other modification described in the first proviso to Section 10.01 that affects such Participant. Subject to clause (e) of this Section, the Borrower agrees that each Participant shall be entitled to the benefits of Sections 3.01 , 3.04 and 3.05 (subject to the requirements and limitations of such Sections and Section 10.13 and the Participant’s compliance with Section 3.01(d) ) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 10.06(b) . To the extent permitted by law, each Participant also shall be entitled to the benefits of Section 10.08 as though it were a Lender; provided such Participant agrees to be subject to Section 2.13 as though it were a Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (USA), Inc., 322 F.3d 371, 374 (5th Cir.2003). However, conclusory allegations and legal conclusions will not prevent a motion to dismiss. In re MasterCard Int’l Inc., 313 F.3d 257, 261 (5th Cir.2002). Most importantly, the purpose of a plaintiffs pleadings are to provide notice, and “a court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Swierkiewicz v. Sorema N.A., 534 U.S. 506, 513-14, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002). Because pleadings are only required to give notice of a claim, Federal Rule of Civil Procedure 8 generally does not require plaintiffs to plead every fact that they must ultimately prove. See id.; Woodfield v. Bourman, 193 F.3d 354, 362 (5th Cir.1999) (<HOLDING>); Bennett v. Schmidt, 153 F.3d 516, 518 (7th Options: A. holding that the application of the fair use doctrine at the pleading stage is appropriate B. holding the employees complaints must give adequate notice to the employer that the employee is complaining of conduct prohibited by title vii C. holding that courts look to substance of plea for relief to determine nature of pleading not merely title of pleading D. holding that group pleading did not render complaint infirm where complaint provided fair notice of claims E. holding that a pleading may give proper fair notice even where only the title of the theory is pled

assistant: The best answer is E. holding that a pleading may give proper fair notice even where only the title of the theory is pled
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: Grantee shall have no right, without the prior written consent of the Company, to (i) sell, assign, mortgage, pledge or otherwise transfer any interest or right created hereby, or (ii) delegate his or her duties or obligations under this Agreement. This Agreement is made solely for the benefit of the parties hereto, and no other person, partnership, association or corporation shall acquire or have any right under or by virtue of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with a state's control over public utility rates. The Act provides in pertinent part: The district courts shall not enjoin, suspend or restrain the operation of, or compliance with, any order affecting rates chargeable by a public utility and made by a State administrative agency or a rate-making body of a State political subdivision, where: (1) Jurisdiction is based solely on diversity of citizenship or repugnance of the order to the Federal Constitution; and, (2) The order does not interfere with interstate commerce; and, (3) The order has been made after reasonable notice and hearing; and, (4) A plain, speedy and efficient remedy may be had in the courts of such State. The Johnson Act, 28 U.S.C. § 1342 (1988). See also Tennyson v. Gas Service Co., 506 F.2d 1135 (10th Cir.1974) (<HOLDING>) By the Johnson Act’s “broad wording it is Options: A. holding that 42 usc 1396aa13a is enforceable in a suit under 1983 B. holding that a state is not a person under 42 usc 1983 C. holding the johnson act forbade federal court jurisdiction in a class action suit brought under 42 usc 1983 D. holding no pendent party jurisdiction over nondiverse defendants when underlying suit brought under 42 usc 1983 E. holding that in actions brought under 42 usc 1983 federal courts apply the states statute of limitation for personal injury

assistant: The best answer is C. holding the johnson act forbade federal court jurisdiction in a class action suit brought under 42 usc 1983
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: caused him to forget certain things. Thus, not only is there insufficient evidence, standing alone, to support his intoxication theory, but there is also ample evidence, uncontradicted at trial, that is inconsistent with the intoxication defense. Even taking for granted everything Petitioner claims about his drunken state — that he behaved illogically, was unable to recall some of his behavior, was “about to pass out” after being stabbed, and had a blood alcohol content of .157, twice the legal driving limit — we are left with insufficient evidence to “rebut the presumption that a man intends the natural consequence of his act.” See Hook, 315 Md. at 31 n. 9, 553 A.2d at 236 n. 9; Davis, 612 N.E.2d at 345 (refusing to instruct on intoxication even though the defendant had a 292 (1996) (<HOLDING>). Testimony on Witness Certainty The Court of Options: A. holding that the trial court must give due consideration to the applicable law and facts B. holding that the requested instruction was not required under rule 4325c because even assuming that the requested instruction was a correct statement of law the trial judge exercised his discretion properly C. holding that the requested instruction did not state the applicable law and the trial court was not required to grant it citing rule 4 325c D. holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel E. holding that the defendant could not appeal a jury instruction where he did not object to the challenged instruction but in fact requested it and stated he was satisfied with it

assistant: The best answer is C. holding that the requested instruction did not state the applicable law and the trial court was not required to grant it citing rule 4 325c
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 terminated earlier by one of the parties in accordance with Section 8.2, this Agreement shall become effective as of the Effective Date and shall continue until December 31, 2025 (the “ Initial Term ”), and thereafter, this Agreement shall automatically renew for successive terms of two (2) Years (each, a “ Renewal Term ”), unless either party gives written notice to the other party of its intention to terminate this Agreement at least twenty-four (24) months prior to the end of the then-current Initial Term or Renewal Term. The Initial Term together with all Renewal Terms or parts thereof shall be referred to in this Agreement as 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: If any provision of this Agreement is held to be invalid or unenforceable, then the offending provision shall not render any other provision of this Agreement invalid or unenforceable, and the Agreement shall remain in full force and effect and shall be enforceable, unless the offending provision shall substantially affect the rights or obligations granted or undertaken by either Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in as many counterparts as necessary or convenient, and by the different parties on separate counterparts each of which, when so executed, shall be deemed an original but all such counterparts shall constitute but one and the same agreement. Delivery of an executed counterpart of this Agreement (or of any agreement or document required by this Agreement and any amendment to this Agreement) by telecopy or other electronic imaging means shall be as effective as delivery of a manually executed counterpart of this Agreement provided, however, that the telecopy or other electronic image shall be promptly followed by an original if required by the Bank.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or mixed motivation analysis). As explained below, that approach is not followed under current Georgia law. 8 (Punctuation omitted.) Minor, 328 Ga. App. at 139 (4). 9 (Punctuation omitted.) Toomer v. State, 292 Ga. 49, 52 (2) (a) (734 SE2d 333) (2012). 10 (Punctuation omitted.) Goldberg v. State, 280 Ga. App. 600, 602 (1) (634 SE2d 419) (2006). 11 (Punctuation omitted; emphasis supplied.) Toomer, 292 Ga. at 54 (2) (b), quoting Purkett v. Elem, 514 U. S. 765, 768 (115 SCt 1769, 131 LE2d 834) (1995). 12 Jackson v. State, 288 Ga. App. 339, 344 (1) (b) (ii) (654 SE2d 137) (2007), citing Dukes v. State, 273 Ga. 890, 891-892 (2) (548 SE2d 328) (2001); Williams v. State, 271 Ga. 323, 325 (2), n. 3 (519 SE2d 232) (1999). See also Alexander v. State, 273 Ga. 311, 312 (2) (540 SE2d 196) (2001) (<HOLDING>). 13 (Punctuation omitted.) Floyd v. State, 272 Options: A. holding that arrest is a technical term possessing a long established history in the common law and it would be inappropriate if jurors arbitrarily applied their personal definitions of arrest B. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category C. holding that the criminal arrest history even of a jurors family members is a sufficiently raceneutral reason to satisfy the dictates of batson D. holding the prosecution to a higher burden of proof than the law required is a valid raceneutral reason for excluding a juror E. holding that age is an acceptable raceneutral reason for striking a prospective juror

assistant: The best answer is C. holding that the criminal arrest history even of a jurors family members is a sufficiently raceneutral reason to satisfy the dictates of batson
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 constitutes the entire agreement between the Parties and supersedes any and all prior or contemporaneous agreements or representations, written or oral, between the parties concerning the subject matter of this Agreement and neither Party shall be liable or bound to any other Party in any manner by any warranties, representations, or covenants except as specifically set forth herein. This Agreement may not be modified or amended except in writing and signed by a duly authorized representative of each Party; no other act, document, usage, or custom shall be deemed to amend or modify this Agreement. For the avoidance of doubt, this Agreement shall not supersede Drilling Contracts subject to Section 4 hereof prior to the completion of the applicable current assignment.

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: LANDLORD, BY ACCEPTING THIS GUARANTY, AND GUARANTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT THEY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY LANDLORD OR GUARANTOR AGAINST ANY PARTY OR THEIR SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS GUARANTY, THE RELATIONSHIP OF LANDLORD, TENANT AND/OR GUARANTOR, TENANT’S USE OR OCCUPANCY OF THE PROPERTY, AND/OR ANY CLAIM FOR INJURY OR DAMAGE, OR ANY EMERGENCY OR STATUTORY REMEDY. THIS WAIVER BY LANDLORD AND GUARANTOR OF ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY HAS BEEN NEGOTIATED AND IS A MATERIAL INDUCEMENT FOR LANDLORD ACCEPTING THIS GUARANTY. FURTHERMORE, GUARANTOR HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT GUARANTYOR MAY HAVE TO SEEK PUNITIVE, CONSEQUENTIAL, SPECIAL AND INDIRECT DAMAGES FROM LANLDORD OR ANY OF LANDLORD’S AFFILIATES, OFFICERS, DIRECTORS, MANAGERS OR EMPLOYEES OR ANY OF LANDLORD’S SUCCESSORS WITH RESPECT TO ANY AND ALL ISSUES PRESENTED IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY GUARANTOR AGAINST LANDORD OR ANY OF LANDLORD’S AFFILIATES, OFFICERS, DIRECTORS, MANAGERS OR EMPLOYEES OR ANY OF LANDLORD’S SUCCESSORS WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THIS GUARANTY OR ANY DOCUMENTS CONTEMPLATED HEREIN OR RELATED HERETO. THE WAIVER BY GUARANTOR OF ANY RIGHT GUARANTOR MAY HAVE TO SEEK PUNITIVE, CONSEQUENTIAL, SPECIAL AND INDIRECT DAMAGES HAS BEEN NEGOTIATED AND IS AN ESSENTIAL ASPECT OF GUARANTOR’S BARGAIN.

assistant: Waiver Of Jury Trials
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: on the disparate impact theory without proof that the questioned policy or practice has had a disproportionate impact on the employer’s workforce. This conclusion should be as obvious as it is tautological: there can be no disparate impact unless there is [an ultimate] disparate impact.” Where, under a facially neutral employment process, there has been no adverse effect on the group — and certainly there has been none here — Title VII has not been infringed. I — I HH The Court’s position is no stronger in case authority than it is in logic. None of the cases relied upon by the Court controls the outcome of this case. Indeed, the disparate- impact cases do not even support the propositions for which they are cited. For example, the Court cites Dothard v. Rawlinson, 433 U. S. 321 (1977) (<HOLDING>), and observes that “[although we noted in Options: A. holding that purported calculation error in mandatory minimum was harmless because challenged sentence was 60 months longer than presumed minimum and was imposed according to guidelines without reference to statutory minimum B. holding that even if the minimum mandatory exceeds the statutory maximum the court must impose the minimum mandatory C. holding that a district court commits reversible error when it sentences a defendant to less than the statutory minimum where no exception to the mandatory minimum applies D. holding that where the statutory mandatory minimum sentence is higher than the upper end of the guideline range the court departs from the statutory level ie the lowest offense level that could support the statutory minimum E. holding impermissible minimum statutory height and weight requirements for correctional counselors

assistant: The best answer is E. holding impermissible minimum statutory height and weight requirements for correctional counselors
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 GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO ANY PRINCIPLES OF CONFLICTS OF LAW WHICH COULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF MARYLAND. The captions of this Agreement are not part of the provisions hereof and shall have no force or effect. This Agreement may not be amended or modified except by a written agreement executed by the parties hereto or their respective successors and legal representatives. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

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: to a civil divorce for married couples.” Id. Thus, for purposes of legal benefits and responsibilities, the Vermont civil union is in many ways “treated as a marriage.” At the same time, it is clear that a Vermont civil union is not the equivalent of a marriage. The Vermont Legislature chose to create a “hybrid creature” that is something less than the full-scale legal marriage that is granted to opposite-sex couples. The legislature expressly clarified, in the civil union statute itself, that “marriage” was limited to one man and one woman. Vt. Stat. Ann. tit. 15, § 1201(4). The legislative findings accompanying the Vermont statute noted that “ ‘a system of civil unions does not bestow the status of civil marriage.’ ” See Burns v. Burns, 253 Ga.App. 600, 560 S.E.2d 47, 48 (2002) (<HOLDING>) (quoting 2000 Vt. Act 91, § 1(10)); see also Options: A. holding union members state law claims for defamation against union preempted B. holding that a vermont civil union is not the equivalent of a marriage C. recognizing that basis for deportation was aliens misrepresentation about his marriage not the validity of his marriage D. recognizing that union members interests are adequately represented by the union E. holding that the law to be applied in determining the validity of an outofstate marriage is the law of the state in which the marriage occurred

assistant: The best answer is B. holding that a vermont civil union is not the equivalent of a marriage
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 Common Stock of the Company is registered pursuant to Section 12(g) of the Exchange Act. During the year preceding this Agreement, the Company has timely filed all reports, schedules, forms, statements and other documents required to be filed by it with the Commission pursuant to the reporting requirements of the Exchange Act (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein being collectively referred to as the “ SEC Documents ”). At the times of their respective filing, all such reports, schedules, forms, statements and other documents complied in all material respects with the requirements of the Exchange Act and the rules and regulations of the Commission promulgated thereunder. At the times of their respective filings, such reports, schedules, forms, statements and other documents did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. As of their respective dates, the financial statements of the Company included in the SEC Documents complied in all material respects with applicable accounting requirements and the published rules and regulations of the Commission or other applicable rules and regulations with respect thereto. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis (“ GAAP ”) during the periods involved (except (i) as may be otherwise indicated in such financial statements or the notes thereto or (ii) in the case of unaudited interim statements, to the extent they may not include footnotes or may be condensed or summary statements), and fairly present in all material respects the consolidated financial position of the Company as of the dates thereof and the results of operations and cash flows for the periods then ended (subject, in the case of unaudited statements, to normal year-end audit adjustments).

assistant: Financial Statements
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 the Restricted Subsidiaries maintain with financially sound and reputable (in the good faith judgment of the Borrower) insurance companies material insurance in such amounts (after giving effect to any self-insurance reasonable and customary for similarly-situated Persons engaged in the same or similar business) and against such risks as is (i) customarily maintained by companies engaged in the same or similar businesses as reasonably determined by management of the Borrower or (ii) considered adequate by the Borrower in good faith.

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: to all cases in which an ‘organization, government, or agency’ receives the statutory amount of benefits under a federal program.” Id. at 57, 118 S.Ct. 469. The Court continued by touching on the issue of whether Section 666 could ever be unconstitutional without resolving it: [furthermore, there is no serious doubt about the constitutionality of § 666(a)(1)(B) as applied to the facts of this case. Beltran was without question a prisoner held in a jail managed pursuant to a series of agreements with the Federal Government. The preferential treatment accorded to him was a threat to the integrity and proper operation of the federal program. Whatever might be said about § 666(a)(l)(B)’s application in other cases, the application of § 666(a)(1)(B) to Salinas did not extend federal p 1998) (<HOLDING>); United States v. Santopietro, 166 F.3d 88 (2d Options: A. holding that no federal nexus is required B. holding that no nexus was required in a determination involving a stateless vessel C. holding that a nexus between the corporate officers or directors official activity and the matter for which indemnification is sought must be shown though no more than a nexus whether a nexus exists is a question of fact to be determined by the trial court considering all the circumstances surrounding the proposed indemnification D. holding that where no factual dispute is raised no hearing is required E. holding that no nexus is required in part because salinas left the nature of any necessary connection unanswered

assistant: The best answer is A. holding that no federal nexus is required
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, along with the documents incorporated by reference herein, represents the entire agreement and understanding between the parties as to the subject matter herein and supersedes all prior or contemporaneous agreements whether written or oral. No waiver, alteration, or modification of any of the provisions of this Agreement will be binding unless in writing and signed by the Company and Executive.

assistant: Integration
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: about Garci-as prescription were not intended to incriminate but to exonerate Garcia from criminal activity. The officers secured the consent to search to find the prescription which would preclude charges from being brought. Thus, neither the questioning of Garcia nor the obtaining of the consent to search constituted interrogation requiring Miranda warnings. In all other respects, we affirm the trial courts rulings, including its determination that the consent to search was otherwise voluntarily given and that the search did not exceed the scope of the consent. Affirmed. STONE and FARMER, JJ., concur. 1 . Everett, 893 So.2d at 1286-87: We note that most courts that have considered this issue have held similarly. See, e.g., United States v. Shlater, 85 F.3d 1251, 1256 (7th Cir.1996) (<HOLDING>); United States v. Hidalgo, 7 F.3d 1566, 1568 Options: A. holding that a suspects request for counsel to advise him on whether he should consent to a police search pursuant to the indiana constitution did not invoke his miranda right to counsel during a subsequent custodial interrogation B. holding that because consent is not a statement and a request for consent is not an interrogation giving consent to search is a neutral fact which has no tendency to show that the suspect is guilty of any crime C. holding that a consent to search is not an interrogation within the meaning of miranda D. holding that a state is not a person within the meaning of 1983 E. holding that a request for search constitutes an interrogation

assistant: The best answer is C. holding that a consent to search is not an interrogation within the meaning of miranda
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: with respect to photos , graphics , audio or video you submit or make available for inclusion on publicly accessible areas of the yahoo services other than yahoo groups , the license to use , distribute , reproduce , modify , adapt , publicly perform and publicly display such content on the yahoo services solely for the purpose for which such content was submitted or made available .

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 capitalization of the Company is as set forth on Schedule 3.1(g). Except as set forth on Schedule 3.1(g) , the Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock option or vesting of restricted stock units under the Company’s equity incentive plans, and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. Except as a result of the purchase and sale of the Securities or otherwise disclosed in the SEC Reports, there are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire, any shares of Common Stock or the capital stock of any Subsidiary, or contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents or capital stock of any Subsidiary. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities.

assistant: Capitalization
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: With respect to Performance Shares granted prior to July 19, 2017, in the event of a Participant’s termination due to Disability, a distribution shall be made of a pro rata share of the Performance Shares that are earned, pursuant to the Performance Target, for the full Performance Period (but only, in the case of a Qualified Performance-Based Award, to the extent the award has been certified by the Committee to have been earned), prorated based upon the full number of fiscal years completed during the Performance Period as of the Participant’s termination date. Except as otherwise provided in Section 10, such Performance Shares shall be distributed to the Participant at the same time Performance Shares are distributed to other Participants who remain employed with the Company.

assistant: Disability
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 Committee may, from time to time, amend or discontinue the Plan; provided , however , that approval of the shareholders shall be sought to the extent required for the Plan to satisfy the requirements of Section 423 of the Code or other applicable laws or regulations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All agreements, representations and warranties made herein and in every other Financing Document shall survive the execution and delivery of this Agreement and the other Financing Documents and the other Operative Documents. The provisions of Section 2.10 and Articles 11 and 12 shall survive the payment of the Obligations (both with respect to any Lender and all Lenders collectively) and any termination of this Agreement and any judgment with respect to any Obligations, including any final foreclosure judgment with respect to any Security Document, and no unpaid or unperformed, current or future, Obligations will merge into any such judgment.

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 case excerpt and choose the best holding from the options. Case excerpt: Cal.App.3d 1174, 1184, 214 Cal.Rptr. 746 (1985) (“[Questions about jail personnel’s actual or constructive knowledge of a prisoner’s need for immediate medical care as well as the reasonableness of actions taken to meet this need are factual questions.”) (emphasis added); Johnson v. Cnty. of Los Angeles, 143 Cal.App.3d 298, 317, 191 Cal.Rptr. 704 (1983) (“[T]he questions of Sheriffs’ actual or constructive knowledge of Decedent’s need for immediate care, and of Sheriffs’ reasonable action to summon or not to summon such care, are questions of fact to be determined at trial.”). The objective knowledge standard under the state law claim therefore reaches conduct that Plaintiffs’ federal claim does not. See Lucas v. Cnty. of Los Angeles, 47 Cal.App.4th 277, 288, 54 Cal.Rptr.2d 655 (1996) (<HOLDING>). The Court finds, viewing the evidence in the Options: A. holding that disagreement with a doctors judgment does not support a claim of deliberate indifference B. holding that res judicata did not apply where a trial courts order was not a final judgment C. holding that a federal courts dismissal of state claims without prejudice is not res judicata as to adjudication in either state or federal courts D. holding that under federal law the dismissal of a claim as timebarred is adjudication of merits for purposes of res judicata E. holding federal courts dismissal of deliberate indifference claim did not constitute res judicata for plaintiffs section 8456 claim in part because of differing knowledge requirements

assistant: The best answer is E. holding federal courts dismissal of deliberate indifference claim did not constitute res judicata for plaintiffs section 8456 claim in part because of differing knowledge requirements
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 and the other Credit Documents constitute the entire contract between and among the parties relating to the subject matter hereof and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof.

assistant: Integration