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: earnings, assets, money in the bank and real estate. In exchange for keeping all of these assets, the debtor must commit all postpetition disposable income to the payment of creditors under a chapter 13 plan for a period of three to five years. If the debtor makes all of the payments required under the plan, all of the debtor’s dischargeable debts are discharged, and the debtor keeps all of the prepetition assets. Postpetition disposable income does not include prepetition property or its proceeds. This is the chapter 13 debtor’s bargain. Creditors of a chapter 13 debtor have no claim to any of these assets. See Hagel v. Drummond (In re Hagel), 184 B.R. 793, 796, 798 (9th Cir. BAP 1995); see also 1 Keith M. Lundin, Chapter 13 Bankruptcy §§ 1.7, 1.21, 1.44, 8.17 (2 (Bankr.W.D.Pa.1997) (<HOLDING>); In re Baker, 194 B.R. 881, 885 Options: A. holding that exempt portion of a lump sum personal injury settlement is not included in disposable income but nonexempt portion is so included B. holding that projected disposable income for abovemedian debtors is disposable income as defined by 1325b C. holding that personal injury settlement proceeds are disposable income to the extent that they are not reasonably necessary for the support of the debtors D. holding that proceeds of a personal injury settlement are not exempt under missouri law E. holding that a debtors disposable income as calculated under 11 usc 1325b2 is not the same as a debtors projected disposable income but that it can be used as the presumptive projected disposable income

assistant: The best answer is C. holding that personal injury settlement proceeds are disposable income to the extent that they are not reasonably necessary for the support of the debtors
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 rights and liabilities created by this Lease extend to and bind the successors and assigns of Landlord and the heirs, executors, administrators and permitted successors and assigns of Tenant. No rights, however shall inure to the benefit of any Transferee unless the provisions of Article XI are complied with.

assistant: Successors
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 waiver by either party of any failure or refusal by the other party to comply with its obligations shall be deemed a waiver of any other or subsequent failure or refusal to so comply. Either party may waive any of the terms and conditions of this Agreement made for its benefit provided such waiver is in writing and signed by the party waiving such term or condition.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is no evidence that, prior to the issuance of the Miranda warnings, while seated in the back seat, Davis was told that he had to remain in the patrol car and could not leave. Davis also was not informed that he was a suspect or that he was under arrest. Moreover, there is no evidence that Davis was physically restrained in any manner while seated in the unmarked patrol car. Davis was not handcuffed. Davis was not ensnared in a locked back seat with no way out of the patrol car. The door handle would have provided an escape, and there was no screen barrier between the front and back seats. The patrol vehicle was parked, not moving, and it was parked “right in front of the store,” not in an isolated, inaccessible area. (P4-724, 707); Cf. U.S. v. Bordeaux, 400 F.3d 548, 558 (8th Cir.2005) (<HOLDING>); Burket v. Angelone, 208 F.3d 172, 195 (4th Options: A. holding that parked police vehicle could not constitute other traffic B. holding on habeas review that defendant was not in custody for miranda purposes and reciting among other facts that defendant was transported to a police station for questioning in an unmarked police car which was not equipped with a shield inside the car C. holding on direct review that defendant was not in custody when he was interviewed by law enforcement officers in a parked police vehicle which was unmarked and unlocked D. holding that the leaving of the keys in the ignition of an unlocked and unattended vehicle parked on an outdoor lot at night is negligence as a matter of law E. holding that a defendant who voluntarily rode to the station with officers in a police car waited in a lobby with unlocked external doors and was told more than once he was not under arrest was not in custody

assistant: The best answer is C. holding on direct review that defendant was not in custody when he was interviewed by law enforcement officers in a parked police vehicle which was unmarked and unlocked
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the Commission Documents, there are no loans, leases, agreements, contracts, royalty agreements, management contracts, service arrangements or other continuing transactions exceeding $120,000 between (a) the Company or any Subsidiary, on the one hand, and (b) any person or entity who would be covered by Item 404(a) of Regulation S-K, on the other hand. Except as disclosed in the Commission Documents, there are no outstanding amounts payable to or receivable from, or advances by the Company or any of its Subsidiaries to, and neither the Company nor any of its Subsidiaries is otherwise a creditor of or debtor to, any beneficial owner of more than 5% of the outstanding shares of Common Stock, or any director, employee or affiliate of the Company or any of its Subsidiaries, other than (i) reimbursement for reasonable expenses incurred on behalf of the Company or any of its Subsidiaries or (ii) as part of the normal and customary terms of such person’s employment or service as a director with the Company or any of its Subsidiaries.

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: (i). The execution and delivery of the Transaction Documents and the consummation by Buyer of the transactions contemplated hereby and thereby have been duly and validly authorized by all necessary action on the part of Buyer and no further consent or authorization of Buyer or its members is required. Each Transaction Document has been duly executed by Buyer and when delivered in accordance with terms hereof and thereof, constitutes the legal, valid and binding obligations of Buyer enforceable against Buyer in accordance with its terms, except as such enforceability may be limited by general principles of equity or applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee charged to the applicable Lender or prospective Lender in the amount of $3,500 as well as any documentation or information required pursuant to Section 3.01(e) ; provided , however , that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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: memorandum, at 4-5 n. 5 (Pa.Super. filed October 17, 2007) (“Reed II”). This Court has explained that “[w]here a decision rests on two or more grounds equally valid, none may be relegated to the inferior status of obiter dictum.” Commonwealth v. Swing, 409 Pa. 241, 245, 186 A.2d 24, 26 (1962). In the instant case, while the Superior Court in Reed I determined that Reed’s claims were waived, it also determined that even if the claims had not been waived, they were without merit, and the court explained the basis for its conclusions. Thus, the Superior Court’s holding in Reed I that Reed’s claim regarding the admission of prior bad acts testimony was meritless was a valid holding that constitutes the law of the case, see Commonwealth v. Starr, 541 Pa. 564, 578, 664 A.2d 1326, 1333 (1995) (<HOLDING>), constraining the Court in Reed II. However, Options: A. holding law of case doctrine is not absolute rule that must be inexorably followed in every case B. holding that the law of the case doctrine is not a fixed rule that prevents a federal court from determining the question of its own subject matter jurisdiction in a given case C. holding law of case doctrine is procedural and does not go to jurisdiction of court D. holding that the coordinate jurisdiction rule and all its attendant meanings and limitations expressed in previous case law would be assumed into law of the case doctrine E. holding that application of the doctrine of law of the case is discretionary and that a district court abuses its discretion in applying the law of the case doctrine only if 1 the first decision was clearly erroneous 2 an intervening change in the law occurred 3 the evidence on remand was substantially different 4 other changed circumstances exist or 5 a manifest injustice would otherwise result

assistant: The best answer is D. holding that the coordinate jurisdiction rule and all its attendant meanings and limitations expressed in previous case law would be assumed into law of the case doctrine
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 delay or omission by any Party to exercise any right or remedy under this Agreement shall not be construed to be a waiver of any such right or remedy or any other right or remedy hereunder . All of the rights of any Party under this Agreement shall be cumulative and may be exercised separately or concurrently.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: what its true intent had been, to give correct instructions on how the various verdicts might be framed under the evidence, and to return them to the jury room to correct the error.”); McGahee v. Samuels, 61 Ga. App. 773, 773 (7 SE2d 611) (1940); Brown v. State, 35 Ga. App. 660, 660 (134 SE 193) (1926). 37 See State v. D’Auria, 222 Ga. App. 615, 616 (475 SE2d 678) (1996) (remanding for further proceedings when State argued that trial court erred in granting defendant’s plea in bar for double jeopardy based on allegations of intentional prosecutorial misconduct but trial court failed to address whether or not State had intended to cause a retrial and to subvert defendant’s protections under the Double Jeopardy Clause). 38 See Lewis v. State, 275 Ga. 194, 195 (1) (565 SE2d 437) (2002) (<HOLDING>). 39 See supra notes 30-34 and accompanying Options: A. holding that a witness who testifies in one proceeding may not be compelled to give further testimony in a different proceeding B. holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced C. holding that the jury is the judge of the weight and credibility given to witness testimony D. holding that trial judge did not err in refusing to transfer to another judge defendants motion for substitution of judge for cause where defendants motion was not made in good faith E. holding that it is elementary that one may not be a witness and a judge in the same proceeding and remanding for a new hearing with a different judge punctuation omitted

assistant: The best answer is E. holding that it is elementary that one may not be a witness and a judge in the same proceeding and remanding for a new hearing with a different judge punctuation omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to any increase to a Charge contemplated by Section 2.02(c) , Section 2.07(b) or Section 2.07(c) , the Recipient shall reimburse the Provider for reasonable out-of-pocket costs and expenses reasonably incurred by the Provider or any of its Subsidiaries in connection with providing the Services (including reasonable travel-related expenses) to the extent that such costs and expenses are not included in the Charges for such Services (an “ Out-of-Pocket Recoverable Cost ”); provided , however , that any such Out-of-Pocket Recoverable Cost in excess of five hundred dollars ($500.00), in the aggregate, that is not consistent with historical practice between the Parties for any Service (including business travel and related expenses) shall require advance written approval of the Recipient. Any authorized travel-related expenses incurred in performing the Services shall be incurred and charged to the Recipient in accordance with the Provider’s then-applicable business travel policies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Following the termination of Employee’s employment, Employee agrees to cooperate with Employer in any reasonable manner as Employer may request, including, but not limited to, furnishing information to and otherwise consulting with Employer, and assisting Employer in any litigation or potential litigation or other legal matters in which Employer (or any of the Releasees) and Employee are not adverse, provided that such litigation or potential litigation or other legal matters concern or relate to Employee’s employment with Employer, including, but not limited to, meeting with and fully answering the questions of Employer or its representatives or agents, and testifying and preparing to testify at any deposition or trial. Employer agrees to compensate Employee for any reasonable and documented out-of-pocket expenses incurred as a result of such cooperation.

assistant: Cooperation
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: 419, 422 n. 1 (2006) (accepting the Board’s finding that the appellant did not receive an RO decision despite the lack of any analysis or evidence rebutting the presumption of regularity). The unjustified remand in this case not only “perpetuates the hamster-wheel reputation of veterans law,” Coburn v. Nicholson, 19 Vet.App. 427, 434 (2006) (Lance, J., dissenting), but also risks depriving the appellant of the benefits that he should be awarded based on the factual finding already made by the Board. Even if the Board reaffirms its finding on remand and grants the appellant’s CUE motion, the appellant will have been denied his rightful benefits for many additional months, if not years, without any remedy for this delay. See Matthews v. Nicholson, 456 F.3d 1377, 1380 (Fed.Cir.2006) (<HOLDING>). Accordingly, I would reverse the decision of Options: A. holding that no interest is paid on benefits awarded based on a finding of cue B. holding that a finding of no plain error on direct appeal precludes a finding of prejudice under strickland C. holding that in the absence of statutory authorization interest cannot be awarded on costs D. holding that prejudgment interest is based on the amount of the judgment not the total amount of damages awarded by the jury because nonsettling defendants have no control over settlement negotiations and should not be forced to pay prejudgment interest on settling defendants parts of a damages award E. recognizing that cue may be based on a showing that there was no evidence before the adjudicator that could have supported a denial of the claim on the merits that is that all of the evidence militated in support of the claim

assistant: The best answer is A. holding that no interest is paid on benefits awarded based on a finding of cue
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: Without limiting a Party’s right to appeal any order of the Bankruptcy Court, to the extent required under the Plan (i) the bankruptcy court overseeing the bankruptcy case of Station Casinos, Inc. and certain of its subsidiaries (the “ Bankruptcy Court ”) shall retain exclusive jurisdiction to enforce the terms of this Agreement and to decide any claims or disputes which may arise or result from, or be connected with, this Agreement or any breach or default hereunder, and (ii) any and all proceedings related to the foregoing shall be filed and maintained only in the Bankruptcy Court, and the parties hereby consent to and submit to the jurisdiction and venue of the Bankruptcy Court and shall receive notices at such locations as indicated in Section 6.4; provided that if the Bankruptcy Court closes the above-referenced case, the Parties agree to unconditionally and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Clark County, Nevada, and any appellate court from any thereof, for the resolution of any such claim or dispute. The Parties hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which they may now or hereafter have to the laying of venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each Party agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each Party consents to process being served by the other Party in any suit, action or proceeding by delivery of a copy thereof in accordance with the provisions of Section 6.4. EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, MATTER OR PROCEEDING REGARDING THIS AGREEMENT OR ANY PROVISION HEREOF .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: although it is instagram 's intention for the service to be available as much as possible , there will be occasions when the service may be interrupted , including , without limitation , for scheduled maintenance or upgrades , for emergency repairs , or due to failure of telecommunications links and/or equipment .

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: and discretionary rulings under the abuse of discretion standard. Munn v. Sec’y of Dep’t of Health & Human Servs., 970 F.2d 863, 870 n.10 (Fed.Cir.1992). The third standard of review, abuse of discretion, is applicable when the special master excludes evidence or otherwise limits the record upon which he relies. See id. As this court has stated, the third standard applies to the special master’s evidentiary rulings, including those regarding the qualifications of an expert: Notably, such [discretionary] rulings include determinations regarding the qualification of expert witnesses and the reliability of expert testimony. Piscopo v. Sec’y of Health & Human Servs., 66 Fed.Cl. 49, 53 (2005); see [Gen. Elec. Co. v. Joiner, 522 U.S. 136, 142-43, 118 S.Ct. 512, 139 L.Ed.2d 508 (1997)] (<HOLDING>) ]; [Terran ex rel. Terran v. Sec’y of Health & Options: A. holding that appellate courts should review district court determinations of the adequacy of damage awards under an abuse of discretion standard B. holding that the appropriate standard of review is abuse of discretion C. holding that the standard of review under rule 60 is abuse of discretion D. recognizing the abuse of discretion standard and the requirement of evidentiary support for a finding of estoppel E. holding that abuse of discretion is the proper standard of review of a trial courts evidentiary rulings including determinations regarding the reliability of expert testimony under daubert v merrell dow pharm inc 509 us 579 113 sct 2786 125 led2d 469 1993

assistant: The best answer is E. holding that abuse of discretion is the proper standard of review of a trial courts evidentiary rulings including determinations regarding the reliability of expert testimony under daubert v merrell dow pharm inc 509 us 579 113 sct 2786 125 led2d 469 1993
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: view, neither scenario falls within a provision that deems a vessel stateless based on a specific interaction that occurs “aboard” that vessel. Abiding by the plain language of the statute need not frustrate Congress’s objective to prosecute maritime drug trafficking nor undermine law enforcement ef forts. In this case, for example, the Coast Guard could likely have brought the defendants within the scope of the MDLEA by obtaining the consent of the Dominican Republic, the yola’s apparent country of nationality. See 46 U.S.C. § 70502(c)(1)(C). Alternatively, the government could have alleged that the yola was either a Dominican vessel or a stateless vessel and further investigated its nationality after the defendants’ arrest. Cf. United States v. Greer, 285 F.3d 158, 175 (2d Cir.2002) (<HOLDING>); United States v. Bustos-Useche, 273 F.3d 622, Options: A. holding that standing is a jurisdictional issue that can be raised for the first time on appeal B. holding that this time requirement is mandatory and jurisdictional C. holding that courts are not bound to decide any particular jurisdictional question before any other D. holding that the mdleas jurisdictional element may be satisfied by consent obtained any time before trial E. holding statute of limitations is jurisdictional and may be raised at any time but noting other ohio appellate courts have held the statute of limitations is not jurisdictional and may be waived if not asserted at the trial level

assistant: The best answer is D. holding that the mdleas jurisdictional element may be satisfied by consent obtained any time before trial
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: disciplinary authority). The Board adjudged Brinker guilty of both charges. Brinker has had prior disciplinary actions that resulted in sanctions. On March 18, 2010, this Court issued an order against Brinker finding him guilty of noncompliance with the annual CLE requirement for the 2008-09 educational year and ordering him to pay a $750.00 fine. Brink-er failed to pay the ordered fine and failed to earn sufficient credits to cure his CLE deficiency. As a result, this Court suspended Brinker from the practice of law on October 21, 2010. Kentucky Bar Association, CLE Commission v. Brinker, 324 S.W.3d 401 (Ky.2010). On June 10, 2011, the KBA privately admonished Brinker for violation of SCR 3.130-3.4(c)(knowingly disobeying an obligation of the rules of a tribunal), SCR 3.130-5.5(b)(2)(<HOLDING>), and SCR 3.130-5.5(a) (practicing law in Options: A. holding that historical practice is important when courts interpret the constitution even when the nature or longevity of that practice is subject to dispute and even when that practice began after the founding era B. holding out admission to practice law when not admitted to practice C. holding that sponsoring applicants for pro hac vice admission to practice law is not a core component of the fundamental right to practice law D. holding that the term manufacture applied not only to things made but to the practice of making to principles carried into practice in a new manner to new results of principles carried into practice E. holding that under the supremacy clause a state court could not enforce a prohibition on the unauthorized practice of law against an individual who was permitted to practice law under the rules of a federal court located in the states jurisdiction

assistant: The best answer is B. holding out admission to practice law when not admitted to practice
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: Restricted Shares are nonvested and forfeitable when granted under the Plan. Unless otherwise determined by the Board, Restricted Shares shall become vested and nonforfeitable on the earlier of (a) the day immediately prior to the first Annual Meeting that occurs after the grant date or (b) the first anniversary of the grant date, so long as the director’s service with the Company has not earlier terminated. If the director’s service with the Company terminates due to death or total disability, the Restricted Shares that have not previously become vested and nonforfeitable shall become vested and nonforfeitable as of the date that the director’s service with the Company so terminates. If the director’s service with the Company terminates for any reason other than death or total disability, then, unless the Board determines otherwise, all Restricted Shares that are not then vested and nonforfeitable, after giving effect to the vesting provision set forth above, will be immediately forfeited by the director and transferred to the Company upon such termination at no cost to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (i) An ERISA Event occurs which has resulted or could reasonably be expected to result in liability of any Group Company or any ERISA Affiliate in an aggregate amount reasonably likely to result in a Material Adverse Effect or (ii) any contribution required to be made with respect to an Employee Benefit Arrangement in accordance with any applicable Law has not been made and the failure to make such contribution, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a union may be held liable under the Norris-LaGuardia Act “for the unlawful acts of ... agents” provided that there exists “clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.” 29 U.S.C. § 106 (1982). Our Metallic Lathers decision applied common law principles of agency to an unfair labor practice claim in a fact situation similar to this one — the liability of an international union for having affirmed, through the intraunion appellate process, the imposition of unlawful discipline on union members by a union local. Because such a claim can either be brought as an unfair labor practice claim under the NLRA or as a free standing LMRDA claim, see, e.g., Doty v. Sewall, 784 F.2d 1, 7 (1st Cir.1986) (<HOLDING>); Grand Lodge of International Association of Options: A. holding that the same reasoning regarding opinions that is used under sections 11 and 12 of the securities act of 1933 applies to claims under sections 10b and 20a of the 1934 act as these claims all share a material misstatement or omission element B. holding that the plaintiffs stated a claim under sections 315b and c of the tia C. recognizing corrupt or malicious motives exception to sections 2 201 and 2 206 of the act D. recognizing an overlap between section 8b1a of the nlra and sections 411 and 412 of the lmrda E. holding that section 20 claims are governed by section 1658b bjecause section 20 merely creates a derivative liability for violations of other sections of the act

assistant: The best answer is D. recognizing an overlap between section 8b1a of the nlra and sections 411 and 412 of the lmrda
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: private property in the Fifth Amendment presupposes that it is wanted for public use, but provides that it shall not be taken for such use without compensation .... The general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it .will be recognized as a taking. 260 U.S. at 415, 43 S.Ct. at 160. The seminal case regarding the constitutionality of zoning ordinances is Village of Euclid v. Ambler Realty Co., 272 U.S. 365, 47 S.Ct. 114, 71 L.Ed. 303 (1926). The Supreme Court first noted that zoning ordinances were, at that time, of recent vintage predating the case by approximately twenty-five years. 272 U.S. at 386, 47 S.Ct. at 117. See Hadacheck v. Sebastian, 239 U.S. 394, 36 S.Ct. 143, 60 L.Ed. 348 (1915). The Euclid 60 (E.D.N.Y.1992) (<HOLDING>); Kasdon v. G.W. Zierden Landscaping, Inc., 541 Options: A. holding that cases claiming that government action requires just compensation must be determined on an ad hoc basis B. holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis C. holding state of the law must be determined at time of challenged action D. holding that detailed exhaustion scheme of the civil rights of institutionalized persons act cripa is inconsistent with discretion to impose on an ad hoc basis a judicially developed exhaustion rule in other cases E. holding that to constitute an enterprise under rico the enterprises structure must provide some mechanism for controlling and directing the affairs of the group on an ongoing rather than an ad hoc basis

assistant: The best answer is A. holding that cases claiming that government action requires just compensation must be determined on an ad hoc basis
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: 893.80(4), which limits immunity to "acts done in the exercise of legislative, quasi-legislative, judicial or quasi-judicial functions." Beginning with the injury that Showers has alleged, we note that Showers' allegations are different in kind from the allegations underlying the Lyons test for governmental contractor immunity. The substance of Showers' claim is not that Musson was negligent in its implementation of a decision made in the exercise of a governmental entity's legislative, quasi-le , 253 N.W.2d 240 (1977) (same). ¶ 54. In contrast, Showers alleges that Musson's performance of its construction duties, such as maintaining drainage at the worksite, did not meet the standard of due care for construction work. Cf. Brooks v. Hayes, 133 Wis. 2d 228, 234-35, 395 N.W.2d 167 (1986) (<HOLDING>). An allegation such as Showers makes does not Options: A. holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise B. holding that a landowner owed no duty of care to a contractors employee in the situation posed by the parties C. holding only a material breach discharges contractors duty to perform D. recognizing that a construction contract implicitly imposes a duty on contractors to perform work according to the standard of due care E. holding that a general acute care hospital may not delegate its duty to provide physicians for emergency room care because the law imposes a duty on hospital to provide that health care

assistant: The best answer is D. recognizing that a construction contract implicitly imposes a duty on contractors to perform work according to the standard of due care
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: insur- anee broker filed a claim with the Indiana Insurance Guaranty Association in August 2003, and on September 11, 2003, the federal government advised Corn Island that it was responsible for the Williams claim regardless of the Frempnt insolvency. Whether measured from August or September, it took Corn Island another five or six months to notify St. Paul that Corn Island believed the Williams accident was covered. Under New York law, delays for one or two months are routinely held unreasonable. American Ins. Co. v. Fairchild Industries, Inc., 56 F.3d 435, 440 (2d Cir.1995); American Home Assurance Co. v. Republic Ins. Co., 984 F.2d 76, 78 (2d Cir.1993) (collecting New York cases); Deso v. London & Lancashire Indemnity Co., 3 N.Y.2d 127, 164 N.Y.S.2d 689, 143 N.E.2d 889, 891 (1957) (<HOLDING>). Under New York law, then, even if there might Options: A. holding that a five month delay was unreasonable B. holding delay of 51 days to be unreasonable C. holding that a five month delay is unreasonable D. holding that eight months and ten days of delay was not an unreasonable period of delay to attribute to a codefendant under 3161h7 E. holding that a 13 month delay was unreasonable

assistant: The best answer is B. holding delay of 51 days to be unreasonable
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: From and following the Closing Date, except as expressly set forth in this Agreement, Loans and the other Obligations shall bear interest at the sum of the LIBOR Rate plus the Applicable Margin. Interest on the Loans shall be paid in arrears on the first (1st) day of each month and on the maturity of such Loans, whether by acceleration or otherwise. Interest on all other Obligations shall be payable upon demand. For purposes of calculating interest, all funds transferred to the Payment Account for application to any Revolving Loans shall be subject to a three (3) Business Day clearance period and all interest accruing on such funds during such clearance period shall accrue for the benefit of Agent, and not for the benefit of the Lenders.

assistant: Interests
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 information regarding the business of NOVA BVI and its subsidiaries including, without limitation, financial information that Seller provides to Buyer during its due diligence investigation of NOVA BVI and its subsidiaries will be kept in strict confidence by Buyer and will not be used (except in connection with due diligence), dealt with, exploited or commercialized by Buyer or disclosed to any third party (other than Seller’s professional accounting and legal advisors) without Seller’ prior written consent unless it is required by the law or regulations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Meadowland Commission’s adoption or modification of a master plan. See Meadowlands Reg’l Redevel. Agency v. State, 63 N.J. 35, 46, 304 A.2d 545, appeal dismissed, 414 U.S. 991, 94 S.Ct. 343, 38 L.Ed.2d 230 (1973); Kelly v. Hackensack Meadowlands Devel. Comm’n, 172 N.J.Super. 223, 228, 411 A.2d 727 (App.Div.), certif. denied, 85 N.J. 104, 425 A.2d 267 (1980). Principles of due process require an administrative agency to provide “some form of hearing,” meaning an opportunity to be heard “at a meaningful time and in a meaningful manner,” before a person is “finally deprived of a property interest.” Mathews v. Eldridge, 424 U.S. 319, 333, 96 S.Ct. 893, 902, 47 L.Ed.2d 18, 32 (1976) (citation omitted). Accord, Township of Montville v. Block 69, 74 N.J. 1, 8, 376 A.2d 909 (1977) (<HOLDING>). A hearing of some kind is required in all Options: A. holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale B. holding that a class action judgment awarding money damages will not bind an absent plaintiff without adequate notice C. holding tax foreclosure invalid without adequate notice D. holding that debtors allegation that mortgage holder failed to provide him with the statutorily required notice of foreclosure was sufficient to state a claim for wrongful foreclosure E. holding that a notice of deficiency was invalid where it was the second notice mailed for that year and the taxpayer timely petitioned the court as to the first notice

assistant: The best answer is C. holding tax foreclosure invalid without adequate notice
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: Licensee shall pay or reimburse Licensor for all federal, state, provincial or other local sales, use, personal property, excise or other taxes, fees, or duties arising out of this Agreement or the transactions contemplated hereby (other than taxes on the net income of Licensor). Licensee shall hold Licensor harmless from all claims and liabilities arising from Licensee’s failure to report or pay any such taxes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive commits a breach of any of the provisions of this Section 5 or Section 6 below, the Company shall have the right and remedy to have the provisions specifically enforced by any court having jurisdiction, it being acknowledged and agreed by Executive that the services being rendered hereunder to the Company Gruop are of a special, unique and extraordinary character and that any such breach will cause irreparable injury to the Company Group and that money damages will not provide an adequate remedy to the Company Group. Such right and remedy shall be in addition to, and not in lieu of, any other rights and remedies available to the Company at law or in equity. Accordingly, Executive consents to the issuance of an injunction, whether preliminary or permanent, consistent with the terms of this Agreement (without posting a bond or other security) if the Company establishes a violation of Section 5 or Section 6 of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From time to time, at the reasonable request of the MD Stockholders and without further consideration, each party hereto shall execute and deliver such additional documents and take all such further action as may be necessary or appropriate to consummate and make effective, in the most expeditious manner practicable, the transactions contemplated by 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: In addition to the fees set forth in any other Loan Document (including any fee letter), if the 2016 Incremental Term Loans have not been funded within 30 days after the Effective Date, commencing on the date that is 31 days after the Effective Date and ending on the funding of the 2016 Incremental Term Loans, the Borrower shall pay to each 2016 Incremental Term Lender an unused commitment fee of 50% of the sum of (i) the Adjusted LIBO Rate and (ii) the Applicable Rate on the aggregate amount of such Lender’s 2016 Incremental Term Loan Commitments as if such Commitments were made as Eurocurrency Term B Loans.

assistant: Fees
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 WAIVERS SET FORTH IN THIS GUARANTY (INCLUDING, WITHOUT LIMITATION, SECTIONS 7.17 AND 7.18 ABOVE) ARE KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY GUARANTOR, AND GUARANTOR ACKNOWLEDGES THAT NEITHER ADMINISTRATIVE AGENT NOR ANY LENDER, NOR ANY PERSON ACTING ON BEHALF OF ADMINISTRATIVE AGENT OR ANY LENDER, HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THESE WAIVERS OR IN ANY WAY TO MODIFY OR NULLIFY THEIR EFFECT. GUARANTOR FURTHER ACKNOWLEDGES THAT IT HAS BEEN REPRESENTED (OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED) IN THE SIGNING OF THIS GUARANTY AND IN THE MAKING OF THESE WAIVERS BY INDEPENDENT LEGAL COUNSEL, SELECTED OF ITS OWN FREE WILL, AND THAT IT HAS HAD THE OPPORTUNITY TO DISCUSS THESE WAIVERS WITH COUNSEL.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each Obligor will, and will cause each of its Subsidiaries to, (i) keep all property necessary to the business of such Obligor and its Subsidiaries in good working order and condition, ordinary wear and tear excepted and subject to the occurrence of casualty events, (ii) maintain with financially sound and reputable insurance companies insurance (or, to the extent consistent with business practices in effect on the Second Restatement Effective Date, a program of self-insurance) on all such property and against all such risks as is consistent and in accordance with industry practice for companies similarly situated owning similar properties and engaged in similar businesses as the Group Members, and (iii) furnish to the Administrative Agent, upon its request therefor, full information as to the insurance carried.

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: This Agreement shall be construed, interpreted, and governed in accordance with and by North Carolina law and the applicable provisions of federal law, including but not limited to the ADEA and the OWBPA (“ Applicable Federal Law ”). Any and all claims, controversies, and causes of action arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, shall be governed by the laws of the state of North Carolina, including its statutes of limitations, except for Applicable Federal Law, without giving effect to any North Carolina conflict-of-laws rule that would result in the application of the laws of a different jurisdiction. Both Executive and the Company acknowledge and agree that the state or federal courts located in North Carolina have personal jurisdiction over them and over any dispute arising under this Agreement, and both Executive and the Company irrevocably consent to the jurisdiction of such courts.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that no Borrower nor any other Credit Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: please note that these terms and conditions contain a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes in certain circumstances , rather than jury trials or class action lawsuits .

assistant: None