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: ” Anderson v. Cagle’s, Inc., 488 F.3d at 953 (citing White v. Osmose, Inc., 204 F.Supp.2d 1309, 1314 (M.D.Ala.2002)). Decertification is proper if “the action relates to specific circumstances personal to the plaintiff rather than any generally applicable policy or practice.” Mahoney, 2011 WL 4458513, at *4 (internal quotation marks omitted) (quoting Burt v. Manville Sales Corp., 116 F.R.D. 276, 277 (D.Colo.1987)). In fact, “the more material distinctions revealed by the evidence, the more likely the district court is to decertify the collective action.” Anderson v. Cagle’s, Inc., 488 F.3d at 953. Nevertheless, the Court is mindful that the FLSA is a remedial statute, and should be construed broadly. See, e.g., Reich v. Circle C. Investments, Inc., 998 F.2d 324, 329 (5th Cir.1993) (<HOLDING>); Prickett v. DeKalb Cnty., 349 F.3d 1294, 1296 Options: A. recognizing market and societal costs resulting from wrongdoing and avoidance of unjust enrichment as remedial purposes B. recognizing the remedial purposes of the wvccpa and the liberal construction we have historically afforded this act C. recognizing repayment of damages to society as remedial D. recognizing flsas remedial purposes E. recognizing that cjonsistent with the remedial purposes of the ada a charge of employment discrimination must be construed with the utmost liberality

assistant: The best answer is D. recognizing flsas remedial purposes
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: further , you agree that the arbitrator may not consolidate proceedings of more than one person 's claims , and may not otherwise preside over any form of a representative or class proceeding , and that if this specific proviso is found to be unenforceable , then the entirety of this mandatory arbitration section will be null and void .

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: If any term, provision, covenant or restriction herein, or the application thereof to any circumstance, shall, to any extent, be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions herein and the application thereof to any other circumstances, shall remain in full force and effect, shall not in any way be affected, impaired or invalidated, and shall be enforced to the fullest extent permitted by law, and the parties hereto shall reasonably negotiate in good faith a substitute term or provision that comes as close as possible to the invalidated and unenforceable term or provision, and that puts each party hereto in a position as nearly comparable as possible to the position each such party would have been in but for the finding of invalidity or unenforceability, while remaining valid and enforceable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that no Borrower may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with Section 9.04(b) , (ii) by way of participation in accordance with Section 9.04(d) or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 9.04(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, each Issuing Lender, each Swingline Lender, Participants, to the extent provided in Section 9.04(d) and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, each Issuing Lender, each Swingline Lender and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any controversy or claim arising out of, or relating to this Agreement, the breach thereof, or Employee’s employment by Company, shall, at Company’s sole option, be settled by binding arbitration in the County of St. Louis in accordance with the employment rules then in force of the American Arbitration Association, and judgment upon the award rendered may be entered and enforced in any court having jurisdiction thereof. The controversies or claims subject to arbitration at Company’s option under this Agreement include, without limitation, those arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 1981, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Missouri Human Rights Act, local laws governing employment, and the statutory and/or common law of contract and tort. In the event Employee commences any action in court which Company has the right to submit to binding arbitration, Company shall have sixty (60) days from the date of service of a summons and complaint upon Company to direct in writing that all or any part of the dispute be arbitrated. Any remedy available in any court action shall also be available in arbitration.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the fitbit service may display or permit linking or other access to or use of third-party content , promotions , websites , apps , services and resources ( collectively `` third-party services '' ) that are not under fitbit 's control .

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: subject to the company 's potential blocking of certain content owned or controlled by the third parties , which blocking you hereby authorize , the service enables you to ( i ) create 15-second videos , including videos that incorporate locally stored sound recordings from your personal music library and ambient noise ( each , a `` ugv '' ) , ( ii ) extract all or any portion of the user content ( defined in section 5 .

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: at 480) (concluding that this court lacked jurisdiction to hear an appeal from an order compelling Umana to arbitrate his claims because that order was not a final order under § 11—721(a)(1), because it was not an appealable interlocutory order under Brandon because it did not frustrate (in contrast with facilitate) arbitration, and because § 16-4317 of the UAA did not attempt to make orders compelling arbitration final and appealable); Hercules & Co. v. Shama Rest. Corp., 566 A.2d 31, 35 n. 4 (D.C.1989) (citing Brandon v. Hines, 439 A.2d 496, 504 (D.C.1981)) (characterizing the fact that "Hercules [was not] claiming] that the referral to arbitration [wa]s a final judgment” as a "correct assessment”). But see Parker v. K & L Gates, LLP, 76 A.3d 859 n. 3 (D.C.2013) (citations omitted) (<HOLDING>). 4 . The District’s first argument in its Options: A. holding that an order compelling arbitration in an independent proceeding is appealable as a final order because in that context the order compelling arbitration resolves the sole issue before the court B. holding that an order compelling arbitration is not appealable because it is not listed in the uaa statute and because it is not final C. holding that orders compelling arbitration are not appealable not because of the uaa appeals provision but because it has been definitely settled by the supreme court of this state that an order compelling arbitration is not final and therefore is not appealable D. holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award E. holding order compelling arbitration is unappealable

assistant: The best answer is A. holding that an order compelling arbitration in an independent proceeding is appealable as a final order because in that context the order compelling arbitration resolves the sole issue before the court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1253, 1255 (6th Cir.1989) (skin search in the presence of other people); Hill v. Bogans, 735 F.2d 391, 393, 394-95 (10th Cir.1984) (same); Giles v. Ackerman, 746 F.2d 614, 615, 617-18 (9th Cir.1984) (per curiam), overruled on other grounds by Hodgers-Durgin v. de la Vina, 199 F.3d 1037 (9th Cir.1999) (skin search). Also, at least two cases suggest that the named plaintiffs’ charges, DUI and domestic dispute charges, do not give rise to reasonable suspicion for the purposes of conducting a custodial strip search on an arrestee. Logan v. Shealy, 660 F.2d 1007, 1013 (4th Cir.1981) (“[DUI], though not a minor traffic offense, [is] nevertheless [an offense] not commonly associated by its very nature with the possession of weapons or contraband.”); Shain v. Ellison, 273 F.3d 56 (2d Cir.2001) (<HOLDING>). More importantly, however, all courts Options: A. holding strip search constitutional where police arrested the plaintiff for felonious assault B. holding unconstitutional city policy of subjecting all females arrested and detained to strip and visual body cavity searches C. holding that plaintiff had not stated an equal protection claim where plaintiff had not alleged that the defendant treated him differently from anyone else who both had problems with alcohol and had been arrested D. holding that the custodial strip search of plaintiff who had been arrested for first degree harassment arising from a domestic dispute was unconstitutional E. holding that mandatory visual strip search policy in county jail was unconstitutional

assistant: The best answer is D. holding that the custodial strip search of plaintiff who had been arrested for first degree harassment arising from a domestic dispute was 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 legal provision and list the applicable contract clause categories. Provision: The agreements in this Section 11.04 and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent, the L/C Issuers and the Swing Line Lender, the replacement of any Lender, and the Termination Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Servicer will maintain, implement and keep (i) administrative and operating procedures (including an ability to recreate records evidencing Pool Receivables and related Contracts if originals are destroyed), (ii) adequate facilities, personnel and equipment and (iii) all documents, books, records, computer tapes and disks and other information reasonably necessary or advisable for the collection of all Pool Receivables (including records adequate to permit the daily identification of each new Pool Receivable and all Collections of, and adjustments to, each existing Pool Receivable). The Servicer will give the Administrator prior notice of any change in such administrative and operating procedures that causes them to be materially different from the procedures described to Administrator on or before the date hereof as the Servicer’s then existing or planned administrative and operating procedures for collecting Receivables.

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 case excerpt and choose the best holding from the options. Case excerpt: it may also support a claim under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA”). RLUIPA provides that "[n]o government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution ... even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person- — -(1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering efile himself by doing something that is completely forbidden by his religion is different from (and more serious than) curtailing various ways of expressing beliefs for which alternatives are available.”); LaFevers v. Saffle, 936 F.2d 1117 (10th Cir.1991) (<HOLDING>); McElyea v. Babbitt, 833 F.2d 196, 198 (9th Options: A. holding that corrections officers mockpreaching and espousal of religious views did not constitute a substantial burden on inmates free exercise of religion B. holding that when an inmates religious views requiring a vegetarian diet are sincerely held prison policy may violate his free exercise rights even though vegetarianism is only a recommended not a required element of plaintiffs religion seventhday adventism C. holding that docs may place reasonable limitations on an inmates right to the free exercise of religion including a requirement that the inmate register his religious affiliation D. holding a muslim prisoners free exercise claim failed because even though the prison did not provide him with halal meat he could comply with his religious requirements by simply eating a vegetarian meal and therefore the disputed policy did not force the prisoner to violate his religion E. recognizing a religious institutions right to free exercise of religion

assistant: The best answer is B. holding that when an inmates religious views requiring a vegetarian diet are sincerely held prison policy may violate his free exercise rights even though vegetarianism is only a recommended not a required element of plaintiffs religion seventhday adventism
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to her supervisors about the offensiveness of the racial comments. See Herrera, 474 F.3d at 680-81 (noting plaintiffs unheeded complaints of harassment to employer’s human resources attorney as evidence that she was subjectively offended). Ms. Hernandez marshaled sufficient evidence of both objective and subjective offensiveness to withstand summary judgment. See Herrera, 474 F.3d at 680-81. A reasonable jury could find that Ms. Hernandez was offended by the work environment and that a reasonable person likewise would be offended. a. District Court’s Analysis The district court relied on Bolden, 43 F.3d at 551, in holding that Ms. Hernandez failed to demonstrate a “steady barrage of opprobrious racial comments.” “In Bolden, we held that only two overtly 3d 767, 777 (10th Cir.2000) (<HOLDING>), said that Ms. Hernandez provided “few Options: A. recognizing that conclusory statements do not preserve an issue for appeal B. holding that vague conclusory statements are insufficient C. holding vague allegations of bias insufficient D. holding affidavits based on conclusory allegations insufficient at summary judgment E. holding vague and conclusory allegations of nefarious intent and motivation are insufficient to state a claim

assistant: The best answer is B. holding that vague conclusory statements are insufficient
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 financial statements included in each SEC Filing comply in all material respects with applicable accounting requirements and the rules and regulations of the SEC with respect thereto as in effect at the time of filing (or to the extent corrected by a subsequent restatement) and present fairly, in all material respects, the consolidated financial position of the Company as of the dates presented and its consolidated results of operations and cash flows for the periods presented, subject in the case of unaudited financial statements to normal, year-end audit adjustments, and such consolidated financial statements have been prepared in conformity with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”) (except as may be disclosed therein or in the notes thereto, and except that the unaudited financial statements may not contain all footnotes required by GAAP, and, in the case of quarterly financial statements, except as permitted by Form 10-Q under the 1934 Act). Except as set forth in the financial statements of the Company included in the SEC Filings filed prior to the date hereof, the Company has not incurred any liabilities, contingent or otherwise, except those incurred in the ordinary course of business, consistent (as to amount and nature) with past practices since the date of such financial statements, none of which, individually or in the aggregate, have had or would reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Guarantor will, at its expense, promptly execute and deliver all further instruments and documents that the Administrative Agent may reasonably request to effectuate the terms of this Section 7 and the performance of the Guarantor’s obligations hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: first, Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009), we will begin with the question whether the troopers violated Quick’s Fourth Amendment rights. A The Fourth Amendment safeguards “[t]he right of the people to be secure in their persons ... against unreasonable ... seizures.” To prevail on a Fourth Amendment excessive-force claim, a plaintiff must show that a seizure occurred and that it was unreasonable under the circumstances. Brower v. County of Inyo, 489 U.S. 593, 599, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989); Graham v. Connor, 490 U.S. 386, 395-96, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). There is no dispute that the troopers “seized” Quick when they shot and killed him. See Tennessee v. Garner, 471 U.S. 1, 7, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) (<HOLDING>). The question, instead, is whether the seizure Options: A. holding that expert testimony on what constitutes deadly physical force and whether the use of force was justified should have been excluded B. holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon C. holding that apprehension by the use of deadly force is a seizure D. holding the time frame is crucial and evaluating reasonableness of officers use of deadly force at the time of the seizure irrespective of their prior unreasonable conduct in creating the circumstances E. holding the use of deadly force standing alone does not constitute a seizure and absent an actual physical restraint or physical seizure the alleged unreasonableness of the officers conduct cannot serve as a basis for a 1983 cause of action

assistant: The best answer is C. holding that apprehension by the use of deadly force is a seizure
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 failure or delay by the Administrative Agent or any other Holder of Guaranteed Obligations in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, the Credit Agreement and the other Loan Documents shall be cumulative and not exclusive of any rights or remedies provided by law.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that zynga and the zynga affiliates are not liable ( 1 ) for any indirect , incidental , special , exemplary or consequential damages , including for loss of profits , goodwill or data , in any way whatsoever arising out of the use of , or inability to use , the service ; or ( 2 ) for the conduct of third parties , including other users of the service and operators of external sites .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we both agree to arbitrate : you and fitbit agree to resolve any disputes through final and binding arbitration , except as set forth under exceptions to agreement to arbitrate below .

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 355 U.S. 393 78 S.Ct. 381 2 L.Ed.2d 356 Branko KARADZOLE, Consul General of the Federal People's Republic of Yugoslavia, and Robert W. Ware, United States Marshal, petitioners,v.Andrija ARTUKOVIC. No. 462. Supreme Court of the United States January 20, 1958 Messrs. Lawrence S. Lesser and George E. Danielson, for petitioners. Solicitor General Rankin, for the United States. Mr. Robert T. Reynolds, for respondent. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States District Court for the Southern District of California for the discharge of the writ of habeas corpus and the remand of respondent to the custody of the United States Marshal in order that a hearing be held under 18 U.S.C. § 3184, 18 U.S.C.A. § 3184. 2 Mr. Justice BLACK and Mr. Justice DOUGLAS dissent.

assistant: 1
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 other circuits. He first directs our attention to the Tenth Circuit’s en banc opinion in United States v. Jackson, 921 F.2d 985 (10th Cir.1990). Jackson, however, is directly contrary to Bridges’ position. The court did hold, as we have above, that in departing on the basis of criminal history a court should use a higher category “as a reference.” But it stressed that “[t]he reference should not be mechanical. A district court need not exhaust in sequence each higher criminal history category. Rather, the court may use any reasonable methodology hitched to the Sentencing Guidelines.... ” 921 F.2d at 991 (internal quotation and citations omitted). To simi lar effect is a First Circuit opinion cited by defendant, see United States v. Ocasio, 914 F.2d 330, 336 (1st Cir.1990) (<HOLDING>), as well as the Seventh Circuit’s opinion in Options: A. recognizing that sentencing judges have the discretion to reject any sentencing guideline but no judge is required to do so B. holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing C. recognizing that shull does not apply to habitual offender sentencing and stating that this was not a case where the judge relied upon a reason for departure that was later declared invalid but rather one in which the judge considered his sentence to be one to which the guidelines did not apply D. holding that sentencing judge must offer a rationale for the degree of departure but rejectfing any brightline rule that requires a sentencing judge to subrogate his or her residual discretion to some explicit or external criteria E. holding that a defendant was not entitled to a relief under section 2255 when he asserted that the sentencing judge who was not the trial judge was influenced by the sentence imposed by the trial judge on a codefendant

assistant: The best answer is D. holding that sentencing judge must offer a rationale for the degree of departure but rejectfing any brightline rule that requires a sentencing judge to subrogate his or her residual discretion to some explicit or external criteria
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: It has disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of it or any of its Subsidiaries to the Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided , with respect to projected financial information, it represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time. There is no fact peculiar to it or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or in the future is reasonably likely to have a Material Adverse Effect and which has not been set forth in this Agreement or the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent or the Lenders by or on behalf of it or any of its Subsidiaries prior to, or on, the date hereof in connection with the transactions contemplated hereby. There are no statements or conclusions in any Reserve Report which are based upon or include misleading information or fail to take into account material information regarding the matters reported therein, it being understood that projections concerning volumes attributable to the Oil and Gas Properties of it and its Subsidiaries and production and cost estimates contained in each Reserve Report are necessarily based upon professional opinions, estimates and projections and that it and its Subsidiaries do not warrant that such opinions, estimates and projections will ultimately prove to have been accurate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, would reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions used for purposes of Statement of Financial Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans (based on the assumptions used for purposes of Statement of Financial Standards No. 87) did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of all such underfunded Plans.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a mental health defense. Counsel employed no fewer than four mental health experts for the guilt phase. Dr. Frederick Whipple, a forensic psychiatrist, evaluated Mickey on March 23, 1981, only two months after Mickey’s extradition to the United States and over two years before the start of his trial. In July 1981, still nearly eighteen months before trial, counsel hired another psychiatrist, Dr. A. David Axelrad, who examined Mickey several times over the course of three months. Axelrad, in turn, hired two clinical psychologists, Grant L. Hutchinson and Thomas L. Morrison, to assist in evaluating Mickey. Hutchinson evaluated Mickey on September 21, 1981. Morrison also administered psychological testing to assist Axelrad. This investigation was sufficient. See Hendricks, 70 F.3d at 1037 (<HOLDING>). Even if there were deficiencies in that Options: A. holding that hiring of only two mental health experts was not deficient B. holding that trial counsels performance was not deficient for failing to give a mental health expert additional information because the expert testified at the evidentiary hearing that the collateral data would not have changed his testimony C. holding that testimony of two experts was unreliable because they relied on the testimony of two other experts which was also unreliable D. recognizing a constitutional right of privacy in mental health records E. holding the trial court violated the separation of powers doctrine when it ordered the office of the state attorney to pay for the costs of mental health experts evaluating the defendant

assistant: The best answer is A. holding that hiring of only two mental health experts was not deficient
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you must email us at support@sync.me with the subject line : `` arbitration opt out '' and include in the body of your e-mail your name and residence address , your email address , telephone number , and a clear statement that you want to opt out of this arbitration agreement .

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: arising out of or related to the licensee 's use or inability to use the service , however caused , whether in contract , tort or otherwise and even if the licensor has been advised of the possibility of such damages .

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: An Option shall expire, and thereafter no longer be exercisable, on such date as the Board or Committee may designate; provided, however, no Option shall be exercisable after the expiration of 10 years from the Grant Date, and no Incentive Stock Option granted to a Ten Percent Shareholder shall be exercisable after the expiration of 5 years from the Grant Date.The expiration date of each Option shall be stated in the Award Agreement pertaining to the Option.

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: allegations of routine corporate objectives such as the desire to obtain concerning their stock is inconsistent with Plaintiffs theory that financial motive establishes scienter here. The complaint alleges that individual defendants knew that the value of their stock options would increase if Rigel reported positive results from the clinical trial. However, because none of the defendants sold stock during the period between the allegedly fraudulent statements and the subsequent public disclosure of the detailed data, which is the period during which they would have benefitted from any allegedly fraudulent statements, the value of the stock and stock options does not support an inference of scienter. See Metzler Inv. GMBH v. Corinthian Colls., Inc., 540 F.3d 1049, 1067 (9th Cir.2008) (<HOLDING>); Ronconi v. Larkin, 253 F.3d 423, 436 (9th Options: A. holding that where knowledgeable insiders did not sell stock at a time that would have taken advantage of allegedly fraudulent statements there was not a strong inference of scienter B. holding that total proceeds from insider sales of 106 million raised inference of scienter C. holding that allegations of motive and opportunity were not enough to create a strong inference of scienter D. holding that where a defendant sold no stock at all this suggested that there was no insider information from which to benefit and there was not a strong inference of scienter E. holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold

assistant: The best answer is D. holding that where a defendant sold no stock at all this suggested that there was no insider information from which to benefit and there was not a strong inference of scienter
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 of the Receiver, the Corporation and the Assuming Institution may waive its respective rights, powers or privileges under this Agreement; provided that such waiver shall be in writing; and further provided that no failure or delay on the part of the Receiver, the Corporation or the Assuming Institution to exercise any right, power or privilege under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege by the Receiver, the Corporation, or the Assuming Institution under this Agreement, nor will any such waiver operate or be construed as a future waiver of such right, power or privilege under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Provided that you execute this letter agreement, you will be employed by the Company upon the terms and conditions set forth in this letter agreement for the period effective on August 1, 2017 (the “ Effective Date ”) and ending as provided in Section 4 (the “ Employment Period ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Lender shall not be subject to any provision of the Lease that is inconsistent with this Agreement. Nothing contained in this Agreement shall be construed to derogate from or in any way impair or affect the lien or the provisions of the Mortgage. This Agreement shall be governed by and construed in accordance with the laws of the State of in which the Property is located.

assistant: Miscellaneous
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: None of the Seller, the Ocwen Parent, OMS, Homeward Residential Holdings, Inc. and Homeward Residential, Inc., or, to the best of Seller’s knowledge, any of their directors, officers, or employees is a person that is (i) a target of United States economic, financial, or trade sanctions in force from time to time, (ii) named, identified, or described on any blocked person list, specially designated nationals lists, prohibited persons list, or other official list of restricted persons with whom United States persons may not conduct business, including, but not limited to, restricted party lists published or maintained by the United States government, including, without limitation, the respective governmental institutions and agencies of any of the foregoing including, without limitation, the Office of Foreign Assets Control and the United States Department of State, or (iii) owned or controlled by, or an actor on behalf of, any persons described in clauses (i) and (ii).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All news releases, publicity or advertising by Borrower or its Affiliates through any media intended to reach the general public, which refers to the Loan Documents, the Loan, Lender or any member of the Lender Group, a Loan purchaser, the Servicer or the trustee in a Secondary Market Transaction, shall be subject to the prior written approval of Lender, unless such disclosure is required in accordance with applicable Legal Requirements. Lender shall have the right to issue any of the foregoing without Borrower’s approval.

assistant: Publicity
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 provision of this Agreement shall be considered severable such that if any one provision or clause conflicts with existing or future applicable law, or may not be given full effect because of such law, this shall not affect any other provision which can be given effect without the conflicting provision or clause.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sold two copies of the video to residents of Puerto Rico through the mail, and 2) Defendant sold 20 subscriptions to its magazine in Puerto Rico, in which they advertised the sale of the video. Defendant argues that LNE’s sale of two videos in Puerto Rico — one of which was purchased by Plaintiff Aníbal Agos-to — cannot logically be considered the legal or “proximate” cause of Plaintiffs’ alleged injuries since they were not a substantial factor in the sequence of events that led to the claimed injury. See Wilson v. Bradlees of New England, Inc., 250 F.3d 10, 17 (1st Cir.2001) (defendant’s actions will be considered the “proximate cause” of the alleged harm only if it was “a substantial factor in bringing about the harm.”); Merritt v. Shuttle, Inc., 13 F.Supp.2d 371, 378 (E.D.N.Y.1998) (<HOLDING>). As alleged in the Complaint, the overwhelming Options: A. holding that television station was not subject to personal jurisdiction in new york under that states longarm statute since libel claim did not arise from defendants delivery of mail orders to new york B. holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york C. holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action D. holding that for purposes of longarm jurisdiction because plaintiff was employed in new york the original event causing his injury occurred in new york E. holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership

assistant: The best answer is A. holding that television station was not subject to personal jurisdiction in new york under that states longarm statute since libel claim did not arise from defendants delivery of mail orders to new york
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower, the Lenders party hereto, the Administrative Agent and other parties party hereto agree that on the First Amendment Effective Date, the Credit Agreement shall be amended and restated in the form of the Amended and Restated Credit Agreement attached hereto as Exhibit A (the “ Amended and Restated Credit Agreement ”) and any term or provision of the Credit Agreement which is different from that set forth in the Amended and Restated Credit Agreement shall be replaced and superseded in all respects by the terms and provisions of the Amended and Restated Credit Agreement.

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: Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Sensitive Information.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 205 F.3d 108, 117 (3d Cir.), cert. denied, — U.S.-, 121 S.Ct. 56, 148 L.Ed.2d 24 (2000), the Third Circuit, the only appellate court that has addressed the issue, was “constrained by PACA’s unambiguous statutory language to hold that a restaurant ... [that] purchases produce in wholesale or jobbing quantities (and in excess of $230,000 per year), is a ‘dealer’ under 7 U.S.C. § 499a(b)(6).” We find the court’s reasoning persuasive and adopt it. See also In re Country Harvest Buffet Restaurants, Inc., 245 B.R. 650 (B.A.P. 9th Cir.2000) (same); JC Produce, Inc. v. Paragon Steakhouse Restaurants, 70 F.Supp.2d 1119 (E.D.Cal.1999) (same); Royal Foods Co. v. L.R. Holdings, Inc., 1999 WL 1051978 (Bankr.N.D.Cal.1999)(same). But see In re The Italian Oven, Inc., 207 B.R. 839 (Bankr.W.D.Pa.1997) (<HOLDING>). In Magic Restaurants, the Third Circuit Options: A. holding that an agencys reasonable reading of an ambiguous statute must be affirmed B. holding that where statute is ambiguous deference is appropriately accorded to agencys interpretation C. holding that an agencys interpretation of its own regulations is entitled to deference D. holding paca ambiguous and deferring to agencys interpretation E. holding that when a court is asked to construe an ambiguous statute it must defer to the interpretation set out in a regulation promulgated by the agency charged with administering the statute so long as the agencys interpretation is reasonable

assistant: The best answer is D. holding paca ambiguous and deferring to agencys interpretation
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: which did not display a proper opt out notice. Lindsay Transmission, LLC, 2013 WL 275568, at *3. The Olney plaintiff sought to certify a nationwide class defined as: All persons within the United States who received any telephone call from Defendant to said person’s cellular telephone made through the use of any automated telephone dialing system or an artificial or prerecorded voice and such person had not previously consented to receiving such calls within the four years prior to the filing of this Complaint. Olney, 2013 WL 5476813, at *10. In both eases, the courts found that the classes consisted “solely of persons who can establish that defendant violated the TCPA,” and struck the classes. Lindsay Transmission, LLC, 2013 WL 275568, at *4; see also Olney, 2013 WL 5476813, at *11 (<HOLDING>). However, in Olney, the court permitted the Options: A. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members B. holding that defining the class to include anyone who received such a call without prior express consent means that only those potential members who would prevail on this liability issue would be members of the class C. holding that putative class members are not parties to an action prior to class certification D. holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members E. holding that the claims of the class representative and class members must be based on the same legal or remedial theory

assistant: The best answer is B. holding that defining the class to include anyone who received such a call without prior express consent means that only those potential members who would prevail on this liability issue would be members of the class