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: 12(b)(6) context unless it appears beyond doubt that he can prove no set of facts in support of his complaint that would entitle him to relief Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). The court agrees with defendants that Gaines alleges three potential RICO injuries in his complaint: (1) a knee injury; (2) pecuniary losses resulting from his knee injury, including loss of an NFL contract with the Patriots and medical expenses; and (3) loss of an educational opportunity. None is sufficient to avoid dismissal. Personal injuries such as Gaines’ knee injury, and their resulting pecuniary consequences, are not compensable under RICO. The term “business or property” does not denote physical harm to a person. Genty v. RTC, 937 F.2d 899, 918 (3d Cir.1991) (<HOLDING>) (citing Reiter v. Sonotone Corp., 442 U.S. Options: A. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any B. holding that police officers were immune from liability for damages resulting from alleged intentional infliction of emotional distress C. recognizing that when a defendants negligence causes bodily injury the plaintiff can recover damages for past present and future medical expenses bodily injury and emotional distress D. holding that a tort claim for intentional infliction of emotional distress is distinct from a claim for emotional distress damages under the employment discrimination statute E. holding that plaintiffs could not recover under rico for medical expenses and damages for emotional distress resulting from exposure to toxic waste

assistant: The best answer is E. holding that plaintiffs could not recover under rico for medical expenses and damages for emotional distress resulting from exposure to toxic waste
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: default occurs when a defendant engages in such egregious misconduct in the case that the trial court strikes his answer and enters default judgment against him. Hence, “death penalty.” Like Macik, the Texas ruling was a post-answer, “death penalty” default (“death penalty default,” for short). Under Texas law, a post-answer default is neither an abandonment of the defendant’s answer nor an implied confession of any issues joined by the defendant’s answer. Stoner, 578 S.W.2d at 682. Consequently, if it is to have a preclusive effect, a default judgment cannot simply be entered on the pleadings. Id. Rather, the plaintiff must offer evidence and prove his case as in a judgment upon a trial. Id.; see also Pancake v. Reliance Ins. Co (In re Pancake), 106 F.3d 1242, 1244 (5th Cir.1997) (<HOLDING>). However, when such evidence is presented, a Options: A. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error B. holding that a state court judgment did not have a preclusive effect where the record failed to demonstrate that the state court conducted a hearing in which the party was required to meets its burden of proof C. holding that a federal court acting under its federal as opposed to diversity jurisdiction may also give greater preclusive effect to a state court judgment than the state courts would give D. holding that courts must look to the state that rendered the judgment to determine whether the courts of that state would afford the judgment preclusive effect E. holding that state court judgment settling shareholders state and federal claims had preclusive effect in federal court even though shareholders could not have pressed their federal claims in state court

assistant: The best answer is B. holding that a state court judgment did not have a preclusive effect where the record failed to demonstrate that the state court conducted a hearing in which the party was required to meets its burden of proof
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: Bedlion breached their duty to intervene and to protect the Plaintiff from having her residence unlawfully entered and searched. 42. Defendants Vick and Bedlion breached their duty to intervene to prevent the Plaintiff from being unlawfully seized, arrested, transported, incarcerated, and prosecuted. Compl. ¶¶ 38-42. An officer is held responsible for a constitutional violation under the bystander theory of liability “if he: (1) knows that a fellow officer is violating an individual’s constitutional right; (2) has a reasonable opportunity to prevent the harm; and (3) chooses not to act.” Fernandors v. District of Columbia, 382 F.Supp.2d 63, 72 (D.D.C.2005) (quoting Randall v. Prince George’s County, 302 F.3d 188, 204 (4th Cir.2002)); Masel v. Barrett, 707 F.Supp. 4, 7-8 (D.D.C.1989) (<HOLDING>). Ms. Gudger does not dispute that personal Options: A. holding officer liable for deprivation of constitutional rights despite argument that officer although present was not in control of the situation B. recognizing affirmative duty of a police officer to prevent the violation of constitutional rights by another officer C. holding police officer is a public official D. holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation E. holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger

assistant: The best answer is B. recognizing affirmative duty of a police officer to prevent the violation of constitutional rights by another officer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall deduct and withhold from any compensation payable to Executive hereunder (including but not limited to, any payments or benefits under this Section 3 and any payments or benefits under Section 5), any and all applicable Federal and Provincial income and employment withholding taxes and any other amounts the Company determines are required to be deducted or withheld by the Company under applicable statutes, regulations, ordinances or orders governing or requiring the withholding or deduction of amounts otherwise payable as compensation or wages to employees.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower shall keep accurate and complete records of its Inventory, including costs and daily withdrawals and additions, and shall submit to Agent inventory and reconciliation reports in form reasonably satisfactory to Agent, on such periodic basis as Agent may request. Each Borrower shall conduct periodic cycle counts consistent with historical practices, and shall provide to Agent a report based on each such inventory and count promptly upon completion thereof, together with such supporting information as Agent may request. Agent may participate in and observe each physical count.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are a resident of the european union , hong kong , russia , new zealand or south korea : notwithstanding anything in these terms to the contrary , please note that certain jurisdictions may not allow the waiver or limitation of certain warranties , liabilities or damages under mandatory law , so some of the exclusions and limitations in these terms may not apply to you .

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: moved to dismiss at the March 8 hearing. It was therefore defendant’s responsibility to present evidence of materiality at that time. See id. at 274. Defendant failed to do so. Thus the only record evidence concerning the issue of Argyle’s materiality is the above-quoted exchange between the trial court and defense counsel, which took place at the December 10 hearing. We therefore address whether that evidence is sufficient to support the trial court’s finding. The December 10 exchange between the trial court and defense counsel reveals that defense counsel was not able to make a plausible showing that Argyle’s testimony would be favorable to the defense, but rather could only speculate as to how he thought Argyle might testify. Cf. State v. Lairby, 699 P.2d 1187, 1195 (Utah 1984) (<HOLDING>). Moreover, as delineated infra in our analysis Options: A. holding that trial court did not err in refusing to allow defendant to introduce evidence of witnesss pending indictment when witnesss testimony regarding defendants participation in murder was virtually identical to witnesss written statement which was sworn to on day of murder and prior to offense for which witness was indicted B. holding that trial court did not err in refusing to parse witnesss testimony or to have it replayed in its entirety C. holding that hospitalization of witnesss wife and his desire to be by her side was not a substantial basis for admitting witnesss testimony from first trial D. holding that a witnesss testimony or an exhibit may not explicitly and directly contain an opinion as to a trial witnesss credibility E. holding that where no description of witnesss evidence offered and no suggestion made as to how testimony would affect defendants case trial court did not err in refusing to issue certificate ordering witnesss attendance

assistant: The best answer is E. holding that where no description of witnesss evidence offered and no suggestion made as to how testimony would affect defendants case trial court did not err in refusing to issue certificate ordering witnesss attendance
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: to opt out , you must notify us in writing postmarked within 30 days of the later of : ( i ) the date that you first accepted our terms ; and ( ii ) the date you became subject to this arbitration provision .

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: The appeals system had been set up specifically to deal with a dispute over an individual’s entitlement to disability benefits. See id. at 424-26. Not all of Appellant’s allegations serving as a basis for his Bivens claim involve individual action leading to final agency decisions reviewable pursuant to the APA. For example, Appellant’s allegations that some Defendants denied him certain rights pursuant to his management plan is properly challenged in an administrative proceeding. Therefore, a Bivens claim for that particular allegation is precluded. However, several of Appellant’s allegations of Defendants’ intentional misconduct are unrelated to any final agency action and are therefore properly within the scope of a Bivens claim. See, e.g., Zephyr Aviation, 247 F.3d at 572-573 (<HOLDING>); Western Center for Journalism, v. Cederquist, Options: A. holding that a bivens cause of action cannot be maintained against a federal agency B. holding that social security regulations and procedures precluded a bivens action C. holding that court would not imply a bivens cause of action for a prisoner held in a private prison facility D. recognizing potential of bivens action for extraprocedural and unconstitutional actions by faa inspectors while acknowledging that a bivens action would be unavailable to challenge the faas attachment of condition notice to companys airplane E. holding that a bivens claim cannot be brought against a federal agency

assistant: The best answer is D. recognizing potential of bivens action for extraprocedural and unconstitutional actions by faa inspectors while acknowledging that a bivens action would be unavailable to challenge the faas attachment of condition notice to companys airplane
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: Amend or modify any term or provision of (a) any indenture, agreement or instrument evidencing or governing any Subordinated Obligation or (b) any material provision of any Material Contract, if in any such case such amendment or modification in any respect will or may adversely affect the interest of the Lenders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that firearm as a convicted felon, in violation of 18 U.S.C. § 922(g)(1)(A). The District Court had subject matter jurisdiction pursuant to 18 U.S.C. § 3231; we have appellate jurisdiction pursuant to 28 U.S.C. § 1291. We affirm the conviction. Because we write only for the parties, we dispense with any lengthy discussion of the facts. Jackson argues that the district court’s refusal to conduct an evidentiary hearing on his suppression motion was improper. He argues that “once the defendant has established a basis for his motion, i.e., the search or seizure was conducted without a warrant, the burden than mere bald-faced allegations of misconduct.” United States v. Voigt, 89 F.3d 1050, 1067 (3d Cir.1996). Thus, to warrant an evidentiary hearing, a defendant’s motion mus 2d Cir.1977) Options: A. holding that a defendant must present sufficiently detailed and controverted factual allegations in order to receive an evidentiary hearing B. holding that defendant bears the burden of showing there are material facts in dispute and an evidentiary hearing is only required when the motion to suppress raises factual allegations that are sufficiently definite specific detailed and nonconjectural to enable the court to conclude that contested issues of fact going to the validity of the search are in issue C. holding that contested factual issues in 2255 cases must be decided on the basis of an evidentiary hearing not affidavits D. holding that an evidentiary hearing is not required if there are no factual issues in dispute E. holding that an evidentiary hearing may be used to develop the factual basis of a prisoner complaint

assistant: The best answer is A. holding that a defendant must present sufficiently detailed and controverted factual allegations in order to receive an evidentiary hearing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to start an arbitration , submit the form available at http://go.microsoft.com/fwlink/?linkid=245497 to the aaa and mail a copy to us .

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: filed written consents with the court of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.” Ala.Code 1975, § 30-3A-205(a). The Official Comment to UIFSA § 205 states that, “if all the relevant persons — the obligor, the individual obligee, and the child — have permanently left the issuing state, the issuing state no longer has an appropriate nexus with the parties or child to justify exercise of jurisdiction to modify”; further, “the issuing tribunal has no current information about the factual circumstances of anyone involved, and the taxpayers of that state have no reason to expend public funds on the process.” Ala. Code 1975, § 30-3A-205, Official Comment; accord Lattimore v. Lattimore, 991 So.2d 239, 243 (Ala.Civ.App.2008) (<HOLDING>). In this case, unlike in Lattimore (in which Options: A. holding in part that a change in the mothers income that occurred after the trial was new evidence and that when a party has new evidence related to his or her income he or she may be entitled to a modification of a childsupport obligation if he or she files a petition to modify however because the mother had filed a postjudgment motion rather than a petition to modify her childsupport obligation her request to modify child support was not properly before the trial court B. holding that arkansass version of the uifsa applied to registration and modification of foreign childsupport order even though father mother and child resided in state C. holding that the scope of the receivers authority prescribed in the order of his appointment cannot be questioned in another tribunal unless the order or decree was void D. holding that under uifsa alabama courts may modify an alabama childsupport order only if the obligor the obligee or the concerned child affected by that order reside in the state and all the parties who are individuals have not filed written consent for the tribunal of another state to exercise jurisdiction over the childsupport order E. holding that once a support order is established the issuing court retains continuing exclusive jurisdiction under la chcode art 13025a 1 until the obligor the individual obligee and the child all establish a residence outside of the issuing state or 2 until all consent in writing to assumption of continuing exclusive jurisdiction by another state or 3 until the court of another state modifies the order of the issuing state in accordance with uifsa

assistant: The best answer is D. holding that under uifsa alabama courts may modify an alabama childsupport order only if the obligor the obligee or the concerned child affected by that order reside in the state and all the parties who are individuals have not filed written consent for the tribunal of another state to exercise jurisdiction over the childsupport 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 legal provision and list the applicable contract clause categories. Provision: The agreements in this Section shall survive the resignation of the Agent, the assignment of the Loans by any Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: speech can ... pose a sufficiently significant threat to the fairness of jury trials to justify curtailing the would-be speakers’ constitutional interests.” 980 S.W.2d at 432; accord Haeberle v. Tex. Int’l Airlines, 739 F.2d 1019, 1021-22 (5th Cir.1984). The fairness of jury trials is threatened by contact with jurors, particularly harassing contact, because citizens who are aware of abusive communications with other jurors will be discouraged from jury service or their impartiality as jurors may be compromised by the fear of retaliation. Benton, 980 S.W.2d at 433-34. It has been held, therefore, that states’ legitimate interest in protecting the jury system justifies forbidding juror harassment. Id. at 432-33 (citing cases); cf. United States v. Brown, 250 F.3d 907, 918 (5th Cir.2001) (<HOLDING>); United States v. Radonjich, 1 F.3d 117, 120 Options: A. holding that a defendants claim that a jury was not impartial must focus on the jurors who ultimately sat B. holding right of accused to trial by impartial jury justified postverdict protection of jurors from harassment and did not violate first amendment C. holding that a defendant could not establish stricklands prejudice prong because any erroneous exclusion of an impartial juror was harmless because we have every reason to believe the replacement was also an impartial juror the defendant does not dispute that he was convicted and sentenced by an impartial jury and he presents no reason to think that a jury composed of a slightly different set of impartial jurors would have reached a different verdict D. holding death qualification of jury prior to guilt phase of bifurcated capital trial did not violate defendants sixth amendment right to impartial jury representative of fair crosssection of the community E. holding that the regular association during trial between the jury and two deputy sheriffs who testified at trial undermined the defendants right to a fair trial by an impartial jury

assistant: The best answer is B. holding right of accused to trial by impartial jury justified postverdict protection of jurors from harassment and did not violate first amendment
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: Workers of America, “a complaint was deemed sufficient to plead a certain legal theory without ever specifically mentioning that theory, when ‘[a]ll the necessary averments were present in the complaint to bring [that] claim.’ ” Konstantinov v. Findlay Ford Lincoln Mercury, 2006 WL 3299487, *3 (E.D.Mich.2006) (citing Ritchie v. United Mine Workers of America, 410 F.2d 827, 832 (6th Cir.1969)). Where ACM does not assert a cause of action recognized at law, the Court may construe ACM’s allegations liberally, determining what causes of action ACM may pursue given the facts and arguments put forward in its pleadings. The Court should look at the substantive law of Texas to determine where a cause of action may he. Erie R. Co. v. Tompkins, 304 U.S. 64, 77, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) (<HOLDING>). In this case, ACM seeks relief for trespass, Options: A. holding that federal courts must apply state substantive law in diversity cases B. holding that a federal court in diversity jurisdiction must apply state substantive law C. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law D. holding that federal courts should apply state substantive law E. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law

assistant: The best answer is D. holding that federal courts should apply state substantive 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 legal provision and list the applicable contract clause categories. Provision: No Person will have, as a result of the transactions contemplated by the Transaction Documents, any valid right, interest or claim against or upon any Purchaser for any commission, fee or other compensation pursuant to any agreement, arrangement or understanding entered into by or on behalf of the Company, and no Purchaser shall have any obligation with respect to any fees or with respect to any claims made by or on behalf of other Persons for fees of a type contemplated in this Section 3.22 that may be due in connection with the transactions contemplated by the Transaction Documents.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( iv ) use any cheats , mods , hacks , or any other unauthorized techniques or unauthorized third-party software to cheat in any competition or game that may be offered on the service , or to otherwise disrupt or modify the service or the experience of any users on the service ; or

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each Loan Party of each Loan Document to which such Person is or is to be a party have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person’s Organization Documents; (b) conflict with or result in any breach or contravention of, or the creation of any Lien (other than Liens created under the Loan Documents) under, or require any payment to be made under (i) any material Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries or (ii) any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; or (c) violate any Law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in Greaves met the requirements of effective service by having an alias summons issued before they made their second attempt at process, an action Miller & Custom failed to take. Thus, Miller & Custom’s first attempt at service failed because notice was not sent to the Debtor’s attorney. Their second effort by personal service was not attempted until long after the 10 day period after the summons was issued, in violation of the mandate of the last sentence of Bankruptcy Rule 7004(f). Thus, at best, Miller & Custom contend that proper in person-am jurisdiction over the Debtor is deriv ervice of process is defective, any default judgment is void because the court had no jurisdiction over the parties. Kaczmarczik v. Van Meter (In re Van Meter), 175 B.R. 64, 67 (9th Cir. BAP 1994) (<HOLDING>); Cossio v. Cate (In re Cossio), 163 B.R. 150, Options: A. holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons B. recognizing that a default judgment based on improper service is void C. holding that a motion to modify a divorce decree was filed for purposes of rule 5105 when summons was issued D. holding that default judgment could not be rendered after the defendant had served plaintiff with a copy of a motion to dismiss that had not then been filed E. holding that failure to serve debtors with filed complaint and issued summons rendered default judgment void

assistant: The best answer is E. holding that failure to serve debtors with filed complaint and issued summons rendered default judgment void
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the Due Process Clause of the Fourteenth Amendment; (2) that they were deprived of this protected interest within the meaning of the Due Process Clause; and (3) that the state did not afford them adequate procedural rights prior to depriving them of their protected interest. Med Corp., Inc. v. City of Lima, 296 F.3d 404, 409 (6th Cir.2002). “[I]t is well established that the freedom to choose and pursue a career, to engage in any of the common occupations of life, qualifies as a liberty interest which may not be arbitrarily denied by the State.” R.S.S.W., Inc. v. City of Keego Harbor, 18 F.Supp.2d 738 (E.D.Mich.1998) (internal quotes and citations omitted). See also Parate v. Isibor, 868 F.2d 821 (6th Cir.1989); Sanderson v. Village of Greenhills, 726 F.2d 284, 286-87 (6th Cir.1984) (<HOLDING>); Wilkerson v. Johnson, 699 F.2d 325 (6th Options: A. holding that the plaintiff stated a claim for tortious interference B. holding citys termination of plaintiffs contracts and publishing negative news report did not constitute the deprivation of a liberty interest even though a significant part of plaintiffs business had involved projects for the city C. holding that the plaintiff owner of a restaurantbar stated a cause of action for deprivation of a liberty interest by alleging that the defendant city engaged in a campaign of harassment that infringed on the plaintiffs constitutional right to pursue an occupation D. holding that the plaintiff owner of a billiards parlor had stated a claim for deprivation of his liberty interest to engage in whatever legal business he elects to pursue and holding that the defendant citys interference with the plaintiffs business was arbitrary and thus unconstitutional E. holding that a defendant could not be liable for tortious interference with a business relation where the defendant merely exercised its legal rights

assistant: The best answer is D. holding that the plaintiff owner of a billiards parlor had stated a claim for deprivation of his liberty interest to engage in whatever legal business he elects to pursue and holding that the defendant citys interference with the plaintiffs business was arbitrary and thus unconstitutional
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: `` administrative text messages '' are periodic transactional messages from a particular microsoft service , including but not limited to a `` welcome message '' or instructions on how to stop receiving messages .

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: namely that appellant killed someone in revenge for having robbed his brother, an alleged co-conspirator, in the same place where they dealt drugs — the district court did not abuse its discretion in admitting this evidence as intrinsic to the conspiracy charge. United States v. Badru, 97 F.3d 1471, 1475 (D.C.Cir.1996) (“In cases where the incident offered is a part of the conspiracy alleged in the indictment, the evidence is admissible under Rule 404(b) because it is not an ‘other’ crime.” (internal quotation marks omitted) (quoting 22 Charles A. Wright & Kenneth W. Graham, Jr., Federal Practice and Procedure, Evidence § 5239, at 450 (1978))). Nor does the admission of such evidence violate the Double Jeopardy Clause. See United States v. Lukens, 114 F.3d 1220, 1221-22 (D.C.Cir.1997) (<HOLDING>). Third, appellant argues that the government Options: A. holding that double jeopardy clause did not apply to forfeiture proceeding before the court B. holding that defendant waived double jeopardy claim by obtaining severance of charges at first trial C. holding uncharged acts of violence evidence of the background of the charges the parties familiarity with one another and their concert of action quoting united states v oleary 739 f2d 135 136 3d cir1984 cert denied 469 us 1107 105 sct 782 83 led2d 776 1985 cert denied 493 us 821 110 sct 78 107 led2d 44 1989 D. holding that collateral estoppel component of tire double jeopardy clause did not preclude government from introducing defendants prior acquittal at trial because government was presented with lower standard of proof in the later case E. holding that even though defendant was previously acquitted of bribery charges double jeopardy clause did not prohibit government from introducing evidence of acts of bribery in furtherance of a conspiracy because defendant made no showing that issue whose relitigation he sought to foreclose was actually decided in the first proceeding quoting dowling v united states 493 us 342 350 110 sct 668 107 led2d 708 1990

assistant: The best answer is E. holding that even though defendant was previously acquitted of bribery charges double jeopardy clause did not prohibit government from introducing evidence of acts of bribery in furtherance of a conspiracy because defendant made no showing that issue whose relitigation he sought to foreclose was actually decided in the first proceeding quoting dowling v united states 493 us 342 350 110 sct 668 107 led2d 708 1990
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: this agreement ( the `` agreement '' or the `` terms '' ) describes the terms on which linden research , inc. and its wholly-owned subsidiaries , including tilia inc. and tilia branch uk ltd. ( collectively , `` linden lab '' ) offer you access to its interactive entertainment products and services .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: tripadvisor takes no responsibility and assumes no liability for any content posted , stored or uploaded by you or any third party , or for any loss or damage thereto , nor is tripadvisor liable for any mistakes , defamation , slander , libel , omissions , falsehoods , obscenity , pornography or profanity you may encounter .

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 legal provision and list the applicable contract clause categories. Provision: No Loan Party has any Subsidiaries other than those specifically disclosed in Part (a) of Schedule 5.13 (as such Schedule may be updated from time to time pursuant to Section 6.02 or as disclosed in writing to the Administrative Agent pursuant to the terms of Section 6.12 from time to time), and all of the outstanding Equity Interests in such Subsidiaries have been validly issued, are fully paid and non-assessable and are owned by a Loan Party in the amounts specified on Part (a) of Schedule 5.13 (as such Schedule may be updated from time to time pursuant to Section 6.02 or as disclosed in writing to the Administrative Agent pursuant to the terms of Section 6.12 from time to time) free and clear of all Liens except those created under the Collateral Documents. No Loan Party has any equity investments in any other corporation or entity other than those specifically disclosed in Part (b) of Schedule 5.13 (as such Schedule may be updated from time to time pursuant to Section 6.02 or as disclosed in writing to the Administrative Agent pursuant to the terms of Section 6.12 from time to time). All of the outstanding Equity Interests in the Borrower have been validly issued, are fully paid and non-assessable. Set forth on Part (d) of Schedule 5.13 (as such Schedule may be updated from time to time pursuant to Section 6.02 or as disclosed in writing to the Administrative Agent pursuant to the terms of Section 6.12 from time to time) is a complete and accurate list of all Loan Parties, showing as of the Closing Date (as to each Loan Party) the jurisdiction of its incorporation, the address of its principal place of business and its U.S. taxpayer identification number or, in the case of any non-U.S. Loan Party that does not have a U.S. taxpayer identification number, its unique identification number issued to it by the jurisdiction of its incorporation. The copy of the charter of each Loan Party and each amendment thereto provided pursuant to Section 4.01(a)(v) and a true and correct copy of the organizational documents of each Subsidiary formed or acquired after the Closing Date has been delivered to the Administrative Agent, each of which is valid and in full force and effect.

assistant: Subsidiaries
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: 9.61.160 does not proscribe a substantial amount of constitutionally protected speech. It is therefore not unconstitutionally overbroad. Affirmed. Morgan and Bridgewater, JJ., concur. 1 84 Wn. App 5. 2 Smith appears to argue that the jury should have been instructed not to convict him unless it found that he used “fighting words.” Smith, however, has not assigned error to the jury instructions. 3 The court reached this conclusion because it defined “threat” as used in RCW 9.61.160 as including a threat to injure property. Edwards, 84 Wn. App. at 12. This type of threat may be constitutionally protected. See Stephenson, 89 Wn. App. at 801-02 (finding that threats to harm another’s business, financial condition, or personal relationships are protected speech); Knowles, 91 Wn. App. at 374 (<HOLDING>). RCW 9.61.160, however, is clearly concerned Options: A. holding that threats standing alone constitute past persecution in only a small category of cases and only when the threats are so menacing as to cause significant actual suffering or harm B. holding that threats to inflict financial or personal harm are not true threats where no ones personal safety is threatened C. holding that expansion of the ada to encompass threats to self is untenable because the ada mentions only threats to others D. holding that the first amendment does not protect true threats against the president E. holding that threats to fire employees based on legitimate concerns about productivity do not constitute harassment because any threats made to these plaintiffs were no greater than justified by their lack of sales

assistant: The best answer is B. holding that threats to inflict financial or personal harm are not true threats where no ones personal safety is threatened
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 Board of Directors, acting through the Committee, may amend, suspend or terminate the Plan, any portion thereof at any time, consistent with applicable law, regulation and listing rules, but it may not adversely affect the rights of any participant with respect to an award already earned. Notwithstanding the foregoing, any material amendments (as defined under the NASDAQ Listing Rules) of the EIP Plan will require shareholder approval.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: its proceedings, vindicate its authority, and effectuate its decrees.”). Venue is proper pursuant to 28 U.S.C. §§ 1408 and 1409. B. McKool Smith is entitled to recover a fraction of the fees requested in the Fee Statements as sanctions against the Plaintiffs. This Court has the inherent authority to impose sanctions in order to regulate the practice of attorneys and litigants appearing before it. Chambers v. NASCO, Inc., 501 U.S. 32, 43, 111 S.Ct. 2123, 115 L.Ed.2d 27 (1991). The Court should limit the amount of the sanction to what is sufficient to determine if they are reasonable and necessary. See, e.g., Cadle Co. v. Pratt (In re Pratt), No. 3:06-CV-257-L, 2007 WL 824117, at *8 (N.D.Tex. March 16, 2007), aff'd in part and dismissed in part, 524 F.3d 580, 583-84 (5th Cir.2008) (<HOLDING>). Consistent with this authority, the Court Options: A. holding that the trial court did not abuse its discretion in awarding prejudgment interest on attorneys fees paid prior to the entry of judgment B. holding that district court abused its discretion in refusing to include in its attorneys fees award the depositionrelated travel expenses incurred by prevailing plaintiffs counsel in an adea case C. holding that the bankruptcy court abused its discretion in awarding opposing counsels attorneys fees and expenses as sanctions without affording the sanctioned party the right to examine question or provide argument against the claimed fees and expenses D. holding that at a minimumthe court should weigh the cost of the claimed fees and expenses against the benefits conferred upon the estate E. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees

assistant: The best answer is C. holding that the bankruptcy court abused its discretion in awarding opposing counsels attorneys fees and expenses as sanctions without affording the sanctioned party the right to examine question or provide argument against the claimed fees and 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the changes will not be retroactive , and the most current version of the terms , which will always be at twitter.com/tos , will govern our relationship with you .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: only knowing or intentional child abuse, it cannot punish or define felony child neglect within the meaning of the IMCA. “The law used to define an offense under the Major Crimes Act must contain all descriptors Congress used to label the crime,” a standard which is not met here. United States v. Other Medicine, 596 F.3d at 681. It is arguable that 18 U.S.C. § 1111 could define and punish felony child abuse resulting in death, as opposed to felony child neglect, but that issue is not before the Court. Furthermore, 18 U.S.C. § 1111 already serves as one of the enumerated crimes under the IMCA, specifically murder. 18 U.S.C. § 1153(a). One federal offense should not normally serve as two separate enumerated crimes under the IMCA. See United States v. Other Medicine, 596 F.3d at 680-81 (<HOLDING>). A court should strive to give every term in a Options: A. recognizing that 18 usc 113a5 could not serve as more than one enumerated crime under the imca specifically both an assault against an individual who has not attained the age of 16 years and felony child abuse or neglect B. holding that the categorical approach applies to the identical definition of crime of violence in 18 usc 16 C. holding that a conviction for simple assault under pennsylvania law does not qualify under 18 usc 16b by way of 11 usc 1101a43 as an aggravated felony D. holding that sexual assault of a child qualified as crime of violence under 18 usc 16 E. holding dui causing serious bodily injury is not a crime of violence under 18 usc 16

assistant: The best answer is A. recognizing that 18 usc 113a5 could not serve as more than one enumerated crime under the imca specifically both an assault against an individual who has not attained the age of 16 years and felony child abuse or neglect
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 agree that during the Employment Period, and at all times thereafter, I will not make any disparaging or defamatory comments regarding any member of the Company Group or its respective current or former directors, officers, employees or shareholders in any respect or make any comments concerning any aspect of my relationship with any member of the Company Group or any conduct or events which precipitated any termination of my employment from any member of the Company Group. However, my obligations under this subparagraph (d) shall not apply to disclosures required by applicable law, regulation, or order of a court or governmental agency.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the public record. In 1981, the General Assembly amended the definition of "public records,” to include the following language: "Provided, that compilations, lists, or other aggregations of information of a personal nature where the public disclosure thereof would’ constitute a clearly unwarranted invasion of personal privacy, are hereby determined to be confidential and shall not be considered to be ‘public records’ within the terms of this Act, and shall not be supplied to private individuals or organizations.” See Act of Mar. 23, 1981, No. 608, § 3, 1981 Ark. Acts 1345, 1346 (1981). But that language was deleted in 1985. See Act of Mar. 21, 1985, No. 468, § 3, 1985 Ark. Acts 917, 918 (1985). 2 . See, e.g., Office of Lieutenant Governor v. Mohn, 67 A.3d 123, 132 (Pa.Commw.Ct.2013) (<HOLDING>); Governor’s Office of Admin, v. Purcell, 35 Options: A. holding that a defendants use of a persons name and social security number without permission constituted the use of a means of identification without lawful authority B. holding that basic identification data such as name age current address and social security number is not generally subject to miranda C. holding that although the social security number in the information and the social security numbers in the previous convictions did not match the rest of the identifying information the first and last name and date of birth did match and was sufficient to establish the defendants identity particularly in light of the fact that the defendant did not claim he was not the individual named in the previous convictions D. recognizing the holy trinity of personal information ie persons name social security number and date of birth that are reasonably likely to result in identity theft and fraud and concluding that sufficient proof had not been presented to add home address to the holy trinity E. holding a social security number is not private

assistant: The best answer is D. recognizing the holy trinity of personal information ie persons name social security number and date of birth that are reasonably likely to result in identity theft and fraud and concluding that sufficient proof had not been presented to add home address to the holy trinity