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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding on the Parties as of the Clearance Date, provided that Articles 1A and 10 (and the defined terms necessary therefor) shall be effective and binding on the Parties beginning on the Execution Date. Thereafter, unless terminated earlier pursuant to Section 8.2 below, this Agreement shall continue in full force and effect for the entire commercial life of the Licensed Product on a country by country basis (the “ Agreement Term ”). For clarity, “entire commercial life of the Licensed Products” shall be understood as the moment in which Almirall decides to stop continue commercializing the Licensed Products because at Almirall’s sole discretion, the Licensed Products do not have sufficient economic value in the market as to compensate Commercialization’s costs. At the expiry of the Royalty Term with respect to a Licensed Product in a country of the Territory the licenses granted to Almirall and Aqua hereunder shall become irrevocable, fully paid up and royalty free with respect to such Licensed Product in such country.

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 case excerpt and choose the best holding from the options. Case excerpt: claim under § 1983, a plaintiff must show that “persons acting under color of state law conspired to deprive him of a federally protected right.” Ridgewood Bd. of Educ. v. N.E. ex rel. M.E., 172 F.3d 238, 254 (3d Cir.1999). Private actors, such as the nongovernmental Defendants named here, can be viewed as acting “under color of state law” only if their conduct is fairly attributable to the state. See Rendell-Baher v. Kohn, 457 U.S. 830, 838, 102 S.Ct. 2764, 73 L.Ed.2d 418 (1982). However, a § 1983 conspiracy claim only arises when there has been an actual deprivation of a federal right. Perano v. Township of Tilden, 423 Fed.Appx. 234, 239 (3d Cir.2011) (citing Andree v. Ashland County, 818 F.2d 1306, 1311 (7th Cir.1987) and Dixon v. City of Lawton, 898 F.2d 1443, 1449 (10th Cir.1990) (<HOLDING>)). See also Hurst v. State Farm Mutual Auto. Options: A. holding motion for attorneys fees was necessary predicate B. holding that a defendants personal involvement in an alleged deprivation of constitutional rights is a necessary element of a 1983 complaint C. holding that liability under 1983 requires a causal link to and direct responsibility for the deprivation of rights D. holding that liability under 1983 can be established by showing that the defendants either personally participated in a deprivation of the plaintiffs rights or caused such a deprivation to occur E. recognizing that deprivation of a right was a necessary predicate to 1983 conspiracy liability

assistant: The best answer is E. recognizing that deprivation of a right was a necessary predicate to 1983 conspiracy liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has offered to serve as a resource to resolve any questions regarding the extent of an individual’s compliance. The Court finds that under the circumstances of this case, the risk of arbitrary or discriminatory enforcement is not so great that this Court should second-guess the wisdom of the elected County Commission (who will also have ultimate authority to oversee its enforcement), and invalidate the Ordinance on its face. See, e.g., Vill. of Hoffman Estates, 455 U.S. at 503, 102 S.Ct. 1186 (finding that even though an ordinance gave police officers considerable discretion “to give meaning to the ordinance and to enforce it fairly,” the speculative danger of arbitrary enforcement was not sufficient to render the ordinance facially void for vagueness); High Ol’ Times, 673 F.2d at 1231 (<HOLDING>). In sum, the Court finds that Plaintiffs have Options: A. holding prison official is deliberately indifferent if he knew that prisoner faced a substantial risk of harm and disregarded that risk B. holding the better rule on the question of the divisibility of a contract of insurance for a gross premium on several items of property separately valued is that it depends upon the nature and entirety of the risk thus where the property is so situated that the risk of one item affects the risk on the other the contract is entire and not divisible C. holding that an alien must be released unless the government demonstrates at a bond hearing that the alien poses a risk of flight or a risk of danger to the community D. holding that where failure at rehabilitation will create an extreme risk to public safety the heavier weight given by the statute to the first and third factors evidences our legislatures recognition that the risk is too great to justify an attempt to modify this offenders behavior in the juvenile system E. holding that regardless of the risk of discriminatory enforcement a court may not hold that this risk invalidates the statute in a preenforcement facial attack

assistant: The best answer is E. holding that regardless of the risk of discriminatory enforcement a court may not hold that this risk invalidates the statute in a preenforcement facial attack
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that there was ample circumstantial evidence suggesting that defendant had possession of the gun before he was tackled to the ground by the police officers. The officers testified that a warm, dry chrome-plated handgun was located in the wet grass only six inches from defendant’s hand. A jury could reasonably conclude that, since the grass was wet and the weather cool, the gun, found at the precise spot where the police tackled defendant, likely fell from defendant’s hand or elsewhere from his person. Moreover, the officers testified defendant was reaching for the gun — an indication that defendant was aware of the gun’s presence. Such evidence goes well beyond mere conjecture that defendant had possession of the gun. See State v. Glasco, 160 N.C. App. 150, 157, 585 S.E.2d 257, 262 (<HOLDING>), disc. review denied, 357 N.C. 580, 589 S.E.2d Options: A. holding that the fortress theory applied where a firearm and marijuana were found on a night stand and cocaine was found in the same room as defendant had easy access to the firearm B. holding that evidence was sufficient to prove defendant constructively possessed the gun where although defendant denied ownership of the gun it was found near a knife of which defendant claimed ownership and where defendant was aware of the presence of the gun C. holding that a defendant exercised control over a firearm that was found in a vehicle he was driving D. holding that to enhance a sentence because of the defendants use of a firearm the jury must find the defendant guilty of a crime involving a firearm or otherwise specifically find that a firearm was used E. holding that circumstantial evidence was sufficient to withstand a motion to dismiss charge of firearm possession because defendant was found carrying a bag containing firearm residue and a gun was found concealed in a pile of tires near where defendant had been recently spotted

assistant: The best answer is E. holding that circumstantial evidence was sufficient to withstand a motion to dismiss charge of firearm possession because defendant was found carrying a bag containing firearm residue and a gun was found concealed in a pile of tires near where defendant had been recently spotted
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: decisions of lower courts.” Id. at 36, 38. Once the parties have authorized the arbitrator to give meaning to the language of that agreement, “a [trial] court should not reject an award on the ground that the arbitrator misread the contract.” Id. (citing United Steelworkers of Am. v. Enterprise Wheel & Car Corp., 363 U.S. 593, 599, 80 S. Ct. 1358, 4 L. Ed. 2d 1424 (1960)). A contrary conclusion undermines the strong federal policy favoring arbitration by permitting trial judges to substitute their opinion for those of the arbitrators. See id. at 36 (“The federal policy of settling labor disputes by arbitration would be undermined if courts had the final say on the merits of the awards.” (citing Enterprise Wheel & Car Corp., 363 U.S. at 596)); accord United Industrial, 64 V.I. at 326 (<HOLDING>). Section 10 of the FAA furthers this policy by Options: A. holding that almendareztorres v united states 523 us 224 118 s ct 1219 140 l ed 2d 350 1998 expressly held that a prior conviction need not be proved to a jury and the united states supreme court has not held otherwise since B. holding that arbitration clauses as contractual agreements must be enforced to their terms C. recognizing the supreme court of the united states confirmed that in creating the faa congress principal purpose was ensuring that private arbitration agreements are enforced according to their terms quoting volt info scis inc v bd of trustees of leland stanford junior univ 489 us 468 478 109 s ct 1248 103 l ed 2d 488 1989 D. holding that may is still controlling in north carolina in light of united states v pataneus 159 l ed 2d 667 124 s ct 2620 2004 in which the us supreme court held that the fruit of the poisonous tree doctrine did not apply to physical evidence discovered as a result of statements made by the defendant when no miranda warning was given E. holding that ohio revcode 230509d is the most logical and appropriate statute of limitations in a 1983 action based on the united states supreme court holding in owens v okure 488 us 235 109 sct 573 102 led2d 594 1989

assistant: The best answer is C. recognizing the supreme court of the united states confirmed that in creating the faa congress principal purpose was ensuring that private arbitration agreements are enforced according to their terms quoting volt info scis inc v bd of trustees of leland stanford junior univ 489 us 468 478 109 s ct 1248 103 l ed 2d 488 1989
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 trial whether to testify; however, the trial court thought any reasonable person would believe the right to testify was extinguished after the defense rested. The trial court stated Wright’s counsel should have informed it of Wright’s desire to testify before the trial court ruled it would not charge the jury on voluntary manslaughter and self-defense. The trial court stated that after hearing its ruling on the charges, Wright knew which supporting evidence was missing, had it “all mapped out,” and would be able to fit his testimony into the required parameters and tell the jury he “was afraid to death.” The trial court refused to reopen the record to allow Wright to testify. Initially, we note that this issue is appropriate for direct review. See id. at 241, 741 S.E.2d at 702 (<HOLDING>). Although Wright asserts on appeal that his Options: A. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate B. holding that an ineffective assistance of counsel claim must be raised on direct appeal when the facts supporting the claim are presented on the face of the record C. holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal D. holding the defendants claim that he was denied the right to testify was appropriate for direct review when the record was adequately developed to permit full consideration of the defendants claim the pertinent facts were undisputed a pcr hearing was not necessary to resolve a factual dispute and would not aid in the application of the law and the defendants claim was presented not as an ineffective assistance of counsel claim but rather as an error committed by the trial court in excluding the defendants testimony which was not an appropriate basis for an ineffective assistance of counsel claim E. holding that the appropriate vehicle for claims alleging that defense counsel violated a defendants right to testify is a claim of ineffective assistance of counsel

assistant: The best answer is D. holding the defendants claim that he was denied the right to testify was appropriate for direct review when the record was adequately developed to permit full consideration of the defendants claim the pertinent facts were undisputed a pcr hearing was not necessary to resolve a factual dispute and would not aid in the application of the law and the defendants claim was presented not as an ineffective assistance of counsel claim but rather as an error committed by the trial court in excluding the defendants testimony which was not an appropriate basis for an ineffective assistance of counsel claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Promptly after any Authorized Officer has become aware of the commencement thereof, notice of all actions, suits, proceedings or investigations before or by any Official Body or any other Person against any Loan Party or Subsidiary of any Loan Party which relate to the Collateral, involve a claim or series of claims in excess of Two Million Five Hundred Thousand and 00/100 Dollars ($2,500,000.00) or which if adversely determined would constitute a Material Adverse Change.

assistant: Litigations
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: can serve to relieve a claimant of this requirement. Although the doctrine of substantial compliance has occasionally been applied in the tort claims context, it has been limited carefully to those situations in which the notice, although both timely and in writing, had technical deficiencies that did not deprive the public entity of the effective notice contemplated by the statute. See, e.g., Lebron v. Sanchez, 407 N.J.Super. 204, 214-15, 970 A.2d 399 (App.Div.2009) (concluding that notice that identified plaintiff and her attorney, set forth date and description of incident, listed injuries and demanded damages, but that did not specifically assert legal theory of negligent supervision substantially complied); Henderson v. Herman, 373 N.J.Super. 625, 633, 862 A.2d 1217 (App.Div.2004) (<HOLDING>); Tuckey v. Harleysville Ins. Co., 236 Options: A. holding that the plaintiffs breach of contract claim was properly a statutory claim under the personnel management act B. holding that notice of claim against police dispatch and emergency transport personnel that failed to include names of specific dispatchers substantially complied C. holding that plaintiff complied with plain language of the notice requirement when notice was mailed within statutory period although it was not received until after D. holding that records regarding complaints against state police officers which would be exempt from disclosure when unredacted where no longer exempt after the names of state police troopers the names of complainants and all identifying information were redacted E. recognizing emergency exception

assistant: The best answer is B. holding that notice of claim against police dispatch and emergency transport personnel that failed to include names of specific dispatchers substantially complied
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: 731, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002); Brosseau v. Haugen, 543 U.S. 194, 198-199, 125 S.Ct. 596, 160 L.Ed.2d 583 (2004). This inquiry involves evaluating whether a reasonably competent public official would have known that his actions were prohibited by the law at the time he engaged in the conduct in question. Saucier, 533 U.S. at 202, 121 S.Ct. 2151. The standard is one of objective reasonableness. We find that the plain language of the statute and the case law gave clear notice to Defendants that releasing the informa tion in question violated federal law. The words of the DPPA alone are “specific enough to establish clearly the law applicable to particular conduct and circumstances and to overcome qualified immunity.” Vinyard v. Wilson, 311 F.3d 1340, 1350 (11th Cir.2002) (<HOLDING>). Moreover, the case law defining the reach of Options: A. holding that statutory language alone even in the total absence of case law can be sufficient to provide fair notice B. holding statutory violation sufficient cause C. recognizing that circumstantial evidence alone can be sufficient to demonstrate a defendants guilt D. holding that an error can be plain even in the absence of binding case law where it violates an absolutely clear legal norm E. holding that a plaintiff can seek statutory damages even in the absence of actual damages

assistant: The best answer is A. holding that statutory language alone even in the total absence of case law can be sufficient to provide fair 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: The captions appearing herein are for the convenience of the Parties only and shall not be construed to affect the meaning of the provisions of this Agreement. All references in this Agreement to Articles, Sections, and Exhibits refer to the Articles, Sections, and Exhibits of this Agreement; and exhibits attached hereto are hereby incorporated in and made a part of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: were committed by an adult. (3) The child has previously been found to have committed a delinquent act. (4) The child has previously been placed in a treatment facility outside the child’s home or in a supervised community treatment program established pur suant to section 232.191, subsection 4, as a result of a prior delinquency adjudication. Cassie challenges the juvenile court’s findings with regard to each of the above elements. In addition, she contends the court erroneously concluded placement at the state training school was the least restrictive alternative. Although the State asserts Cassie failed to preserve error on her arguments, we believe Cassie’s direct appeal was sufficient to preserve her claims for our review. See In re N.W.E., 564 N.W.2d 451, 455 (Iowa Ct.App.1997) (<HOLDING>). Although Cassie raises a number of issues Options: A. holding a direct appeal sufficiently preserves a challenge to delinquency dispositional orders B. holding that mandamus is appropriate to challenge temporary orders C. holding that mandamus is appropriate to challenge temporary orders because they are not subject to interlocutory appeal D. holding claims must be raised on direct appeal or waived E. holding the state may appeal orders of dismissal that have the same effect as orders quashing an information

assistant: The best answer is A. holding a direct appeal sufficiently preserves a challenge to delinquency dispositional orders
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE OTHER CREDIT DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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: statements, if made, may open the nurse and Falkoff to charges of poor taste. They do not, by themselves, leave Falkoff liable for an alleged violation of plaintiffs constitutional rights. 4. Morton Hospital, Inc. Is Not Liable Plaintiff alleges that Morton Hospital, Inc. caused her injury by authorizing Falkoff to violate her Fourth Amendment rights through performance of an unconstitutional search. Even if the hospital’s actions can be interpreted as an authorization, however, the hospital is entitled to summary judgment for reasons largely stated above. Plaintiff denies that she is seeking to hold the hospital liable on a theory of respondeat superior. PI. Opp. at 7 (#45). Indeed, it seems unlikely that such a theory is viable under current law. See Duncan, 844 F.2d at 1268 n. 10 (<HOLDING>); DeVargas, 844 F.2d at 723 (same). Plaintiff’s Options: A. holding monell claim fails as a matter of law unless a city employees conduct violates one of the plaintiffs federal rights B. holding that in order to show municipal liability for an officers actions under monell v dept of soc servs 436 us 658 694 98 sct 2018 56 led2d 611 1978 a plaintiff must demonstrate one of the following 1 C. recognizing the restrictive holding of butz v economou 438 us 478 98 sct 2894 57 led2d 895 1978 as applicable only to actions amounting to constitutional violations D. holding that monell v new york city dept of social services 436 us 658 69093 98 sct 2018 203537 56 led2d 611 1978 eliminated respondeat superior liability for private corporations as well as municipalities E. holding that financial concerns provide rational basis for congress to exclude puerto rican residents from social security system citing califano v torres 435 us 1 5 98 sct 906 55 led2d 65 1978

assistant: The best answer is D. holding that monell v new york city dept of social services 436 us 658 69093 98 sct 2018 203537 56 led2d 611 1978 eliminated respondeat superior liability for private corporations as well as municipalities
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: prior to the granting of a discharge, the reaffirmation agreement satisfies the requirements of 11 U.S.C. § 524(c)(1). This is true even if the reaffirmation agreement is not memorial ized in a signed writing until after a discharge is granted. See In re Merritt, 366 B.R. 687 (Bankr.W.D.Tex.2007) (finding that a reaffirmation agreement is made “when all parties to the contract have objectively expressed their intention to make the bargain expressed by the contract,” and enforcing a reaffirmation agreement which was signed by the creditor post-discharge where the communications between the debtor and the creditor and the acts and circumstances surrounding those communications establish that a meeting of the minds occurred pre-discharge); In re LeBeau, 247 B.R. 537 (Bankr.M.D.Fla.2000) (<HOLDING>). In this case, a “meeting of the minds” Options: A. holding that agreement had been reached where the plaintiff had proposed terms for providing his services to the defendant and the parties then entered into a business relationship despite defendants claim it never agreed to the plaintiffs proposed salary terms for that relationship B. holding that a settlement agreement in which the parties failed to agree upon the terms of a release was unenforceable C. holding that reopening a closed case to file a reaffirmation agreement is not permitted by the bankruptcy code D. holding that a reaffirmation agreement is enforceable as having been made predischarge where the parties agree to the terms of the proposed reaffirmation predischarge but the debtors do not sign a writing embodying the terms of their agreement until after entry of the discharge order E. recognizing an agreement to agree is enforceable if its terms are reasonably definite and certain

assistant: The best answer is D. holding that a reaffirmation agreement is enforceable as having been made predischarge where the parties agree to the terms of the proposed reaffirmation predischarge but the debtors do not sign a writing embodying the terms of their agreement until after entry of the discharge order
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: no advice or information , whether oral or written , obtained by you from yahoo or through or from the yahoo services or software shall create any warranty not expressly stated in the tos .

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: section C, the section Mann was housed in, when he smelled the smoke coming from Mann’s cell. Had Mann wanted to identify and locate Pompano, it would not have taken much effort to do so. Obviously, inmates are not simply permitted to roam around outside of their cell blocks, especially in the locked close confinement section that Mann was housed in. Trustees earn their status and, one would assume, they are being monitored. Mann could have requested the name of any trustee who was granted access to his unit that morning, examined the booking photographs of these trustees, and since he had seen this particular trustee, have readily identified him. This process is a simple investigation which could have been performed by the Public Defender’s Office in its ex 14, 9 L.Ed.2d 811 (1963)(<HOLDING>). The right to representation in a Options: A. recognizing constitutional right to effective counsel B. holding right to testify was federal constitutional right C. holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal D. holding that there is no right to counsel beyond the initial direct appeal and thus no right to counsel on discretionary review E. recognizing the right to counsel on appeal

assistant: The best answer is C. holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The validity, interpretation, construction and performance of this Agreement will be governed by and construed in accordance with the substantive laws of the State of Ohio, without giving effect to the principles of conflict of laws of such State. Further, any litigation arising out of this Agreement shall be venued in a court of competent jurisdiction located in Cuyahoga County, Ohio. In executing this Agreement, the Executive acknowledges that the Executive has purposefully availed himself or herself of the benefits and privileges of the jurisdictions of such courts, that the Executive waives any objections of the basis of forum, venue, and/or jurisdiction, and that the Executive willfully and knowingly submits himself or herself to the jurisdiction of such courts. The Executive further agrees that any litigation concerning, in whole or in part, Section ‎ 8 of this Agreement shall be filed either in the United States District Court for the Northern District of Ohio located in Cleveland, Ohio or in the Cuyahoga County Court of Common Pleas, Commercial Docket located in Cleveland, Ohio.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: with respect to any electronic commercial service on a website , residents of california are entitled to the following specific consumer rights information : if you have a complaint , you may contact the complaint assistance unit of the division of consumer services of the department of consumer affairs by mail at 1625 north market boulevard , suite n 112 , sacramento , california 95834 , or by telephone at 1.800.952.5210 .

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: Set forth on Schedule 4.01(o) hereto is a complete and accurate list of (i) all Liens on the property or assets of any Borrower that directly or indirectly owns any Collateral Asset securing Debt for Borrowed Money, and (ii) all Liens with a principal balance in excess of $250,000 on the property or assets of any Borrower securing Debt for Borrowed Money; in each case showing as of the Closing Date the lienholder thereof, the principal amount of the obligations secured thereby and the property or assets of such Borrower subject thereto; provided, however , that easements and other real property restrictions, covenants and conditions of record (exclusive of Liens securing Debt) and the Liens created under the Loan Documents shall not be listed on Schedule 4.01(o).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall become effective as of the time (the “ Effective Time ”) at which the Administrator has executed this Amendment and receives each of the following, in each case form and substance satisfactory to the Administrator in its sole discretion: (A) counterparts of this Amendment executed by each of the other parties hereto, (B) counterparts of the Amended Fee Letter executed by each of the other parties thereto, (C) evidence of payment by the Seller of all accrued and unpaid fees, costs and expenses to the extent then due and payable on the date hereof, including any such costs (including those contemplated by the Amended Fee Letter), (D) counterparts of the Amendment to the Lock-Box Schedule Letter Agreement executed by each of the other parties thereto, (E) counterparts of the Amendments to the Lock-Box Agreements executed by each of the other parties thereto, (F) an opinion of counsel to the Seller and Servicer with respect to customary corporate, enforceability and security interest matters and (G) such other agreements, documents, instruments and opinions as the Administrator may request.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: per claim; the current version, by contrast, generally imposes treble damages and a civil penalty of up to $10,000 per claim. The very idea of treble damages reveals an intent to punish past, and to deter future, unlawful conduct, not to ameliorate the liability of wrongdoers. Id. at 785, 120 S.Ct. 1858 (internal citations and quotations omitted). Thus, given the presumption against imposing punitive damages on governmental entities, and the absence of any evidence suggesting a contrary congressional intent, the Court concluded that a state could not be sued under sect t. for Med. Research, 118 F.Supp.2d 902, 903 (N.D.Ill.2000) (“[Cook] County is immune from prosecution under the FCA because it is immune from any award or claim for punitive damages.”); Dunleavy, 2000 WL 1522854, at *8 (<HOLDING>). In reaching this conclusion, these courts Options: A. holding that county of delaware was not a person for purposes of fca liability B. holding that county defendant was a person within meaning of fca for purposes of suit by private plaintiff C. holding that subsection c2 of the delaware longarm statute requires that service contracts must be for services performed in delaware D. holding that a county is not an arm of the state for purposes of the eleventh amendment E. holding before the apa definition of person was amended to include county that the board of county commission ers of dolores county could not sue the state agency that had ordered reappraisals of real property in dolores county in connection with valuation for ad valorem taxation because the board of county commissioners was not a person under the apa and did not otherwise have authority to sue under statute or constitution

assistant: The best answer is A. holding that county of delaware was not a person for purposes of fca liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required to be given pursuant to this Agreement or the Plan shall be in writing and shall be deemed to have been duly delivered upon receipt or, in the case of notices by the Company, five (5) days after deposit in the U.S. mail, postage prepaid, addressed to Grantee at the last address provided by Grantee for use in the Company’s records.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: extend to the right to possess and retain a particular job or to perform particular services .... Rather, the property interest is more generally in continued employment, and no deprivation exists so long as the employee receives ‘payment of the full compensation due under the contract.’” (emphasis added)). Pratt’s argument must, therefore, fail because he had no property interest in the right to possess or retain particular job duties. See Gilbert v. Ho-mar, 520 U.S. 924, 928, 117 S.Ct. 1807, 138 L.Ed.2d 120 (1997) (finding “[t]he protections of the Due Process Clause apply to government deprivation of those prerequisites of government employment in which the employee has a constitutionally protected ‘property’ interest.”); see also hollar v. Baker, 196 F.3d 603, 607 (5th Cir.1999) (<HOLDING>). [¶ 21] With respect to the second question of Options: A. holding that the scope and application of state exemptions are defined by the state courts and that we are bound by their interpretations B. recognizing that state agencies which are independent of the state are citizens of the state C. holding the constitution does not create property interests they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law D. holding that in limine hearings are encouraged when courts are concerned with the factual rather than legal dimensions of the evidence E. holding that the federal rules of civil procedure apply in diversity eases where they are on point unless they both directly conflict with state law and are invalid under the constitution or the rules enabling act

assistant: The best answer is C. holding the constitution does not create property interests they are created and their dimensions are defined by existing rules or understandings that stem from an independent source such as state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: parties undertaking voluntary cleanups should consider. See 40 C.F.R. § 300.700(c)(3)® & (c)(5)-(7). One set calls for an opportunity for public comment concerning the selection of a response action, and identifies a set of potentially applicable NCP regulations. Id. § 300.700(c)(6)(i)-(v) (the “public participation” requirement). Failure to substantially comply with the public participation requirement is considered a material deviation from the NCP- and is grounds for summary judgment. See 40 C.F.R. 300.700(c)(3)® (2007) (providing that private party response action must result in a “CERCLA-quality cleanup”); 55 Fed.Reg. 8666, 8793 (1990) (explaining that meaningful public participation is necessary element of CERCLA-quality cleanup); see also, e.g., Union Pac., 215 F.3d at 839 (<HOLDING>); Carson Harbor Village, 433 F.3d at 1266-67 Options: A. holding plaintiffs failure to comply with section 2622 requires dismissal in federal court B. holding that dismissal for failure to comply with discovery orders is on the merits C. holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice D. holding that wsdot was not entitled to recover response costs under cercla where its actions in connection with an environmental cleanup were inconsistent with the ncp to such a high degree as to be arbitrary and capricious but also stating that failure to comply with the ncp is not a defense to liability but rather a factual issue affecting damages E. holding that plaintiffs failure to substantially comply with public participation requirement rendered cleanup inconsistent with ncp

assistant: The best answer is E. holding that plaintiffs failure to substantially comply with public participation requirement rendered cleanup inconsistent with ncp
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: As explained below, there is substantial doctrinal confusion regarding the scope of the allegations that an employment discrimination plaintiff may raise for the first time in court. Here, however, the Court will not attempt to resolve that confusion, because it concludes that the majority of Hyson’s allegations are unexhausted regardless of which standard is applied. A. Administrative Exhaustion of Claims Before the Office of Compliance As described above, the CAA requires that employees follow the counseling and mediation procedures prescribed therein before bringing a CAA claim in federal court. 2 U.S.C. §§ 1401, 1404, 1408. These exhaustion requirements are jurisdictional in nature. Id. §§ 1408, 1410; Blackmon-Malloy v. U.S. Capitol Police Bd., 575 F.3d 699, 705-06 (D.C.Cir.2009) (<HOLDING>). This Court thus lacks jurisdiction over any Options: A. holding that failure to comply with statutory prerequisite deprived the courts of subjectmatter jurisdiction B. holding that standing is component of subjectmatter jurisdiction and subjectmatter jurisdiction is essential to courts authority to hear case C. holding that minnstat 504b121 does not deprive the district court subjectmatter jurisdiction over ownership claims in an eviction action when a tenant challenges a landlords title D. holding that standing is component of subjectmatter jurisdiction E. holding that the caas counseling and mediation requirements deprive the courts of subjectmatter jurisdiction over nonexhausted claims

assistant: The best answer is E. holding that the caas counseling and mediation requirements deprive the courts of subjectmatter jurisdiction over nonexhausted claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, except as disclosed in the SEC Documents, there is no suit, claim, action, arbitration, investigation or proceeding pending or, to the Company’s Knowledge, threatened that (i) if determined adversely to the Company or any of the Company’s Subsidiaries, has had or would reasonably be expected to result in losses greater than $1,000,000, or (ii) could reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary is subject to any outstanding order, writ, injunction, judgment, decree or arbitration ruling, award or other finding that, individually or in the aggregate, has had or would reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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 acknowledge and agree that there may be a constitutional right to a jury trial in connection with any claim, dispute or lawsuit arising between or among them, but that such right may be waived. Accordingly, the parties agree that, notwithstanding such constitutional right, in this commercial matter the parties believe and agree that it shall be in their best interests to waive such right, and, accordingly, hereby waive such right to a jury trial, and further agree that the best forum for hearing any claim, dispute, or lawsuit, if any, arising in connection with this Agreement, the Loan Documents, or the relationship among the parties, in each case whether now existing or hereafter arising, or whether sounding in contract or tort or otherwise, shall be a court of competent jurisdiction sitting without a jury.

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: cases. If the Debtors cannot do so, the Court will grant the Movants relief from the stay as to the Bowdon and Ocala Premises following a further hearing to be held in these cases on the basis that the Bowdon and Ocala Premises are not necessary for an effective reorganization. The Court will also exercise its discretion to condition the continuation of the automatic stay with regard to the Bowdon and Ocala Premises on the Debtors’ setting aside an amount sufficient to account for the likelihood that, regardless of what the State Court decides, the Debtors will owe to some entity administrative rent for the post-petition use of the Bowdon and Ocala Premises. See 11 U.S.C. § 503(b)(1)(A); see also In re Greenfield Dry Cleaning & Laundry, Inc., 249 B.R. 634, 644-45 (Bankr.E.D.Pa.2000) (<HOLDING>); In re Hawker Beechcraft, Inc., 483 B.R. 424, Options: A. holding that a debt is not entitled to priority simply because the right to payment arises after the debtor in possession has begun managing the estate B. holding that interest on postpetition taxes incurred by the debtor during chapter 11 reorganization is an administrative expense C. holding an action for postpetition breach of an agreement to purchase property to be a core proceeding D. holding that licensor was entitled to administrative expense priority claim where debtor remained in possession postpetition of real property under a license agreement E. holding that a postpetition claim under section 1305 is a liability that arises postpetition and relates only to postpetition activity

assistant: The best answer is D. holding that licensor was entitled to administrative expense priority claim where debtor remained in possession postpetition of real property under a license agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a breach by any party to this Agreement of any of their obligations under this Agreement, the other parties to this Agreement, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to seek specific performance of its rights under this Agreement. The parties to this Agreement agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement.

assistant: Remedies
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: in no event will academia.edu 's aggregate liability arising out of or in connection with these terms or from the use of or inability to use the site , services or collective content exceed the greater of fifty dollars ( $ 50 ) and subscription fees paid by you during the 12 month period before the act giving rise to the liability .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and Texas Crude’s assignees’ interests in the remaining 12.5 percent of the working interest. Defendant Burlington has also asserted a claim for indemnity against Texas Crude based on those parties’ [JOA] that may or may not become ripe, depending on final resolution of the question of law decided by this Order. 6 . The parties agree that the assignments at issue are unambiguous; they just disagree about what the assignments unambiguously mean. 7 . The 25% gas royalty provision also stated that it is "free and clear of all production and post-production costs and expenses.” Chesapeake Exploration, LLC v. Hyder, 483 S.W.3d 870, 873 (Tex. 2016). But the majority in Hyder noted that "[tjhis addition has no effect on the meaning of the provision” and may be regarded as surplusage. Id. (<HOLDING>). 8 . Burlington suggested at oral argument Options: A. holding that the pricereceived basis for payment in the lease is sufficient in itself to excuse the hyders from bearing postproduction costs B. holding that a payment is under the plan when the debt is provided for in the plan C. holding that the costs of severance taxes transportation processing and treatment are considered to be postproduction costs and are therefore borne proportionately by the lessee and the royalty owner D. holding that it was not essential to an action by a supplier on a payment bond under the miller act that a demand be made on the general contractor for payment although there was evidence in the case from which it could be found that the materialman looked to the general contractor for payment since the statute does not require a demand for payment but merely requires written notice of the claim E. holding that the term reverse payment is not limited to a cash payment

assistant: The best answer is A. holding that the pricereceived basis for payment in the lease is sufficient in itself to excuse the hyders from bearing postproduction costs