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: good or replace the loss caused by the wrong or injury * * Black’s Law Dictionary 390 (6th ed. 1990) (emphasis added); see also Restatement (Second) Torts § 903 (defining compensatory damages as “damages awarded to a person as compensation, indemnity or restitution for harm sustained by him”); Webster’s Third New Int’l Dictionary 463 (3rd ed. 1961) (defining compensatory damages as “damages awarded to make good or compensate for an injury sus tained — distinguished from punitive damages ”). When civil rights plaintiffs seek “damages for violations of constitutional rights, the level of damages is ordinarily determined according to principles derived from the common law of torts.” Memphis Community School Dist. v. Stachura, 477 U.S. 299, 306, 106 S.Ct. 2537, 2542, 91 L.Ed.2d 249 (1986) (<HOLDING>). “Punitive damages aside, damages in tort Options: A. holding that punitive damages are available in an intentional discrimination action even if the jury does not assess compensatory damages B. holding that punitive damages which are based on the same underlying action justifying nondischargeability of compensatory damages are likewise nondischargeable C. holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated D. holding that damages based on the abstract value of constitutional rights are not a permissible element of compensatory damages in action under civil rights act of 1871 E. holding that damages based on the abstract value or importance of constitutional rights are not a permissible element of compensatory damages in such cases

assistant: The best answer is D. holding that damages based on the abstract value of constitutional rights are not a permissible element of compensatory damages in action under civil rights act of 1871
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: To the extent reasonably possible, the Parties shall cooperate with and assist each other, as requested, in carrying out the purposes of this Agreement. The Purchaser shall cooperate as reasonably required by the Seller in the Seller’s efforts to obtain Required Consents and final certifications and recertifications as required hereunder. In addition, the Parties agree to cooperate and work in good faith to solve any and all issues or developments that arise during the course of the business relationship evidenced hereby.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: as limited by the faa , these terms and the applicable aaa rules , the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the dispute , provided , however , that this power does not include the power to conduct a class arbitration or a representative action , which is prohibited by these terms ( as stated above ) .

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: summary judgment in favor of buyers where the contract to purchase property contained a condition precedent stating the contract was subject to the closing of the sale of the buyers’ current home.) The trial court found as fact that “[t]here is no evidence that Plaintiffs acted in bad faith in not satisfying the contingency.” While defendants assign error to this finding of fact, they do not challenge the accuracy of the finding, but rather argue that the trial court erred in making the finding at all because “there was no requirement in the contract that the Plaintiffs hád to act in ‘bad faith’ before they forfeited their deposit.” This finding of fact is thus binding on this Court on appeal. Static Control Components, Inc. v. Vogler, 152 N.C. App. 599, 603, 568 S.E.2d 305, 308 (2002) (<HOLDING>). Because plaintiffs have not acted in bad Options: A. holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case B. holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact C. holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence D. holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings E. recognizing appellate courts must not make fact findings

assistant: The best answer is B. holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact
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: Secured Party's sale of less than all the Collateral shall not exhaust Secured Party's rights under this Agreement and Secured Party is specifically empowered to make successive sales until all the Collateral is sold. If the proceeds of a sale of less than all the Collateral shall be less than the Obligations, this Agreement and the Security Interest shall remain in full force and effect as to the unsold portion of the Collateral just as though no sale had been made. In the event any sale under this Agreement is not completed or is, in Secured Party's opinion, defective, such sale shall not exhaust Secured Party's rights under this Agreement and Secured Party shall have the right to cause a subsequent sale or sales to be made. Any and all statements of fact or other recitals made in any bill of sale or assignment or other instrument evidencing any foreclosure sale under this Agreement as to nonpayment of the Obligations, or as to the occurrence of any Default, or as to Secured Party's having declared all of such Obligations to be due and payable, or as to notice of time, place and terms of sale and the properties to be sold having been duly given, to, as to any other act or thing having been duly done by Secured Party, shall be taken as prima facie evidence of the truth of the facts so stated and recited. Secured Party may appoint or delegate any one or more Persons as agent to perform any act or acts necessary or incident to any sale held by Secured Party, including the sending of notices and the conduct of sale, but such acts must be done in the name and on behalf of Secured Party.

assistant: Sales
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 and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or required for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Intellectual Property
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: holding in L.M. v. State, 587 So.2d 648 (Fla. 1st DCA 1991) (L.M.I). We held there: “Requiring a probationer or community control-lee to submit to a course of religious instruction contravenes the First Amendment.” Id. at 649. ML ignores t: In searching for the proper teaching of an [Emotional Maturity Instruction] course it is probably difficult to locate one who can teach morality without reference to religion, but that is the task which must be accomplished. We recognize that there is a fine line between rehabilitation efforts which encourage lawful conduct by an appeal to morality and the benefits of moral conduct to the life of the probationer, and efforts which encourage lawfulness through adherence to religious belief. Owens v. Kelley, 681 F.2d 1362, 1365-66 (11th Cir.1982) (<HOLDING>). The “fine line” that exists between an appeal Options: A. holding that defendant could not claim error for the first time on appeal by reason of an instruction given at his request B. holding that a party waived an allegation that an instruction was erroneous where the party failed to object at trial to the instruction on those grounds C. holding that a probation condition requiring a defendant to participate in an oral instruction component of an emotional maturity instruction program which the defendant claims contains religious components precludes summary judgment on first amendment issues D. holding that defendant was not entitled to entrapment instruction when there was insufficient evidence to support such an instruction E. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given

assistant: The best answer is C. holding that a probation condition requiring a defendant to participate in an oral instruction component of an emotional maturity instruction program which the defendant claims contains religious components precludes summary judgment on first amendment issues
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: all disputes or claims arising out of or relating to these terms of use shall be subject to the exclusive jurisdiction of the english courts to which the parties irrevocably submit .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of counsel claim, Petitioner's failure to allege in his petition any arguments or facts in support of the claim would, in any event, render it entirely deficient. See Strickland v. Washington, 466 U.S. 668, 689, 694, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (requiring a petitioner claiming ineffective assistance of counsel to show that counsel's representation "fell below an objective standard of reasonableness” and that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different,” and further requiring that “a court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance”); see also Murray, 477 U.S. 478 at 488, 106 S.Ct. 2639, 91 L.Ed.2d 397 (<HOLDING>) 7 . The court need not reach the issue of Options: A. holding that ineffective assistance of counsel constitutes cause for procedural default only if counsels performance was constitutionally ineffective B. recognizing that the defendant whose trial counsel represented him on motion for new trial had no opportunity to raise an ineffective assistance of counsel claim prior to appeal and remanding the case for a hearing solely on this issue C. holding that the strickland test applies to claims that counsel was constitutionally ineffective for failing to file a notice of appeal D. recognizing that strickland applies to ineffective assistance of appellate counsel claims E. holding that so long as a defendant is represented by counsel whose performance is not constitutionally ineffective under the standard established in strickland v washington supra we discern no inequity in requiring him to bear the risk of attorney error that results in procedural default

assistant: The best answer is E. holding that so long as a defendant is represented by counsel whose performance is not constitutionally ineffective under the standard established in strickland v washington supra we discern no inequity in requiring him to bear the risk of attorney error that results in procedural default
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: Maintain insurance (which may be carried by the Borrower on a consolidated basis) with financially sound and reputable insurance companies (in the good faith judgment of management) (including Captive Insurance Companies) against such risks and in such amounts (giving effect to self-insurance) as are customarily maintained by similar businesses of established reputation (including, without limitation, hazard and business interruption insurance).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act of 1934, as amended (the “ Exchange Act ”), including pursuant to Section 13(a) or 15(d) of the Exchange Act, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. The financial statements of the Company included in the SEC Reports 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. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a private school; rather, it is simply noting that an allegation that an English-only practice at a school is enough to prove that defendants acted intentionally under Title VI. The fact that the act was intentional, however, does not in and of itself prove a prima facie case. Defendants also argue that plaintiffs did not suffer adverse action, and thus cannot establish a prima facie case, because each, by his or her own admission, speaks English as a first language. Further, relying on several employment law cases, defendants argue that English-only policies in the workplace have repeatedly withstood constitutional challenge, even when the employees being forced to speak English are non-native speakers. See, e.g., Montes v. Vail Clinic, Inc., 497 F.3d 1160, 1170 (10th Cir.2007) (<HOLDING>). Because most of the cases dealing with Options: A. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive B. holding that an englishonly policy which applied at all times to all employees regardless of occupation or activity may have created a hostile work environment C. recognizing a hostile work environment claim under section 1983 D. recognizing hostile work environment discrimination in ada context E. holding that a hospitals englishonly rule which prohibited cleaning staff from speaking spanish while working in the operating room did not create a hostile work environment

assistant: The best answer is E. holding that a hospitals englishonly rule which prohibited cleaning staff from speaking spanish while working in the operating room did not create a hostile work environment
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: except as described in section 17 under the `` no class actions '' heading , if any part of these terms , feature terms , community rules or the privacy policy is not enforceable , the rest of these terms , feature terms , community rules and the privacy policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible .

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: Capitalized terms used but not defined herein (including in the recitals hereto) shall have the meanings given to them in the Amended and Restated Credit Agreement. The rules of interpretation set forth in Section 1.03 (Terms Generally) of the Amended and Restated Credit Agreement are hereby incorporated by reference herein, mutatis mutandis.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent and each Lender agrees to hold any confidential information which it may receive from the Borrowers in connection with this Agreement in confidence, except for disclosure to (i) its Affiliates and to the Administrative Agent and any other Lender and their respective Affiliates (it being understood that such Persons to whom disclosure is made will be informed of the confidential nature of such information and will be instructed to keep such information confidential), (ii) legal counsel, accountants, and other professional advisors to the Administrative Agent or such Lender provided any such parties agree to be bound by this Section 9.11 or comparable confidentiality provisions (iii) the extent requested by any regulatory authority purporting to have jurisdiction over it, (iv) the extent the Administrative Agent or the Lender in good faith believes that such disclosure is required to effect compliance with any applicable law, rule, regulation or order or in response to any subpoena or other legal process, (v) any Person in connection with any legal proceeding to which it is a party, (vi) its direct or indirect contractual counterparties in swap agreements or to legal counsel, accountants and other professional advisors to such counterparties, provided such parties agree to be bound by this Section 9.11 or comparable confidentiality provisions, (vii) as permitted by Section 12.4 and (viii) to rating agencies if required by such agencies in connection with a rating relating to the Advances hereunder. Without limiting Section 9.4, the Borrowers agree that the terms of this Section 9.11 shall set forth the entire agreement between the Borrowers and the Administrative Agent and each Lender with respect to any confidential information previously or hereafter received by the Administrative Agent or such Lender in connection with this Agreement, and this Section 9.11 shall supersede any and all prior confidentiality agreements entered into by the Borrowers and the Administrative Agent or any Lender with respect to such confidential information.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any Washington Court, this being in addition to any other remedy to which they are entitled at law or in equity, and each of the parties hereto waives any bond, surety or other security that might be required of any other party with respect thereto.

assistant: Specific Performance
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: `` third-party services '' refers to any applications , software , add-on content , services , websites , portals , data and other digital content provided by third parties that may be accessible via the nintendo account service , but that are not operated by nintendo and that allow users to access or register games , applications , software and other digital content of third parties independently from the nintendo account under the terms established by third parties .

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 Borrower will, and will cause each of its Subsidiaries to, do or cause to be done all things necessary to preserve, renew and keep in full force and effect (a) its legal existence and good standing in its jurisdiction of organization and (b) the rights, qualifications, licenses, permits, privileges, franchises, governmental authorizations and intellectual property rights material to the conduct of business of the Borrower and its Subsidiaries, and maintain all requisite authority to conduct its business in each other jurisdiction in which its business is conducted, except, in the case of this clause (b), as could not reasonably be expected to have a Material Adverse Effect; provided that the foregoing shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03.

assistant: Existence
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: v. Bennett Enters., 211 Fed.Appx. 452, 456 (6th Cir.2006) (same burden-shifting analysis applies to claims under Title VII and § 1991). III. CONCLUSION For the foregoing reasons, we AFFIRM the district court’s grant of summary judgment to ODOT and Violet. 1 . The district court did not err in finding that the alleged instruction by Ejikeme's supervisor to shoot him in 1992 and Ejikeme’s coworker’s alleged attempt to run him over with a truck in 1995 were not sufficiently related to his other hostile work environment allegations to form one continuous hostile work environment and were thus untimely. See, e.g., Wheaton v. N. Oakland Med. Ctr., 130 Fed.Appx. 773 (6th Cir.2005) (citing Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 105, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002) (<HOLDING>)). In addition, it appears that Ejikeme did not Options: A. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive B. recognizing a hostile work environment claim under section 1983 C. holding that an individual could recover for acts occurring outside the statutory time period if at least one act occurred within the time period and the acts were part of the same hostile work environment D. holding that a courts task is to determine whether the acts about which an employee complains are part of the same actionable hostile work environment practice E. holding that a hostile work environment is a form of discrimination that is actionable under the statute

assistant: The best answer is D. holding that a courts task is to determine whether the acts about which an employee complains are part of the same actionable hostile work environment practice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: case commences from the time the discriminatory conduct causes economic injury and ends upon the date of the judgment. In other words, back pay accrues from the date of the commencement of the discriminatory course of conduct causing financial loss until the date damages are “settled.” Palasota, 499 F.3d at 483 (internal citations omitted); see also Quint v. A.E. Staley Mfg. Co., 172 F.3d 1, 15 (1st Cir.1999) (“A prevailing ADA claimant is presumptively entitled to all back pay which would have accrued from the termination date to the entry of judgment, provided it is made to appear that reasonable diligence was exercised in the effort to secure other suitable employment.” (internal quotations and citations omitted)); Sellers v. Delgado College, 781 F.2d 503, 505 (5th Cir.1986) (<HOLDING>). Back pay may be denied “only for reasons Options: A. holding that an award of back pay under title vii remains an equitable remedy to be awarded by the district court in its discretion B. holding that it was not an abuse of discretion to require a defendant to pay all back taxes C. holding that back pay may be awarded to the date of judgment D. holding that an award of back pay is an issue for the court E. holding there was no jury trial right where court ordered reinstatement and back pay to teachers fired after desegregation order in discrimination case back pay is equitable

assistant: The best answer is C. holding that back pay may be awarded to the date of judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in Section 18.02 , any and all notices, demands, requests, consents, approvals, objections, comments, responses or other communications (each, a “ Notice ”) permitted or required to be made under this Agreement shall be in writing, signed by the party giving such Notice and shall be delivered (a) by hand (with signed confirmation of receipt), or (b) by nationally or internationally recognized overnight mail or courier service (with signed confirmation of receipt). All such Notices shall be deemed delivered, as applicable: (i) on the date of the personal delivery if delivered by 5:00 p.m., and if delivered after 5:00 p.m. then on the next business day; or (ii) on the next business day if delivered by overnight mail. Notices directed to a party shall be delivered to the parties at the addresses set forth in the List of Authorized Representatives and Notice Addresses or at such other address or addresses as may be supplied by written Notice given in conformity with the terms of this Section 18.01 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from the face of the judgment itself.” United States v. Spell, 44 F.3d 936, 939-40 (11th Cir.1995); United States v. Young, 527 F.3d 1274, 1277 (11th Cir.2008) (same); United States v. Owens, 447 F.3d 1345, 1347 (11th Cir.2006) (same). Accordingly, we have permitted district courts to find additional facts when the crime for which the defendant was convicted encompasses both conduct that constitutes a crime of violence and conduct that does not constitute a crime of violence. See e.g., United States v. Aguilar-Ortiz, 450 F.3d 1271, 1276 (11th Cir.2006) (finding prior state judgment of conviction ambiguous because the Court was unable to say as a categorical matter that all convictions under it qualified as a “drug trafficking offense” under § 2L1.2(b)(1)(B)); Spell, 44 F.3d at 939 (<HOLDING>); see also Greer, 440 F.3d at 1273 (noting that Options: A. holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction B. holding that a prior state judgment of conviction for burglary was ambiguous because it encompassed some conduct which constituted a crime of violence and some which did not C. holding that burglary of commercial building is crime of violence under guidelines D. holding that the withdrawal of an unrelated factual objection to a prior conviction did not waive the defendants right to plainerror review of his claim that this same conviction was not for a crime of violence under 2l12 E. holding that the police have an automatic right to conduct a protective search of a burglary suspect because burglary is a crime for which an offender would likely be armed

assistant: The best answer is B. holding that a prior state judgment of conviction for burglary was ambiguous because it encompassed some conduct which constituted a crime of violence and some which did not
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 gave us your phone number in connection with your microsoft account or skype account , then we may send service notifications to you via sms ( text message ) , including to verify your identity before registering your mobile phone number .

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 Borrower has furnished to Agent: (a) audited consolidated financial statements of the Borrower and its Subsidiaries for the fiscal years ended December 31, 2013, December 31, 2014, and December 31, 2015, and the related consolidated statement of income and cash flow for the period ended December 31, 2015, each certified by the chief financial officer or chief accounting officer of Borrower, (b) an unaudited statement of EBITDA and Operating Cash Flow for the period ended December 31, 2015 reasonably satisfactory in form to the Agent and certified by the chief financial officer or chief accounting officer of Borrower as fairly presenting the EBITDA and Operating Cash Flow for such periods, and (c) certain other financial information relating to the Borrower, the Guarantors, the Unencumbered Pool Assets and the Intercompany Loans. The balance sheet and statements referred to in clause (a) have been prepared in accordance with generally accepted accounting principles (except as to the absence of footnotes in quarterly statements), the statements of EBITDA and Operating Cash Flow have been calculated in accordance with the definitions thereof, and such financial statements fairly present the consolidated financial condition of Borrower and its Subsidiaries as of such dates and the consolidated results of the operations of Borrower and its Subsidiaries for such periods. There were no liabilities, contingent or otherwise, of Borrower or any of its Subsidiaries as of the date thereof involving material amounts not disclosed in said financial statements and the related notes thereto.

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 case excerpt and choose the best holding from the options. Case excerpt: Under Section 8(a)(1), it is an unfair labor practice “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed” in Section 7, to wit: “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” 29 U.S.C. §§ 157, 158(a)(1). An employer’s statement violates Section 8(a)(1) if, “considering the totality of the circumstances, the statement has a reasonable tendency to coerce or to interfere with those rights.” Tasty Baking Co. v. NLRB, 254 F.3d 114, 124 (D.C.Cir.2001); cf. TIC-The Indus. Co. Se. v. NLRB (“TIC"), 126 F.3d 334, 339 (D.C.Cir.1997) (<HOLDING>). While “an employer is free to communicate to Options: A. holding that an isolated comment is not direct evidence of discrimination even if a plaintiff interpreted it as motivated by a discriminatory animus B. holding that threatening to discipline employees for not reporting union solicitation violated 8a1 C. holding that court would not imply a statutory cause of action for employers interference in employees assertion of claim for compensation D. holding that a single isolated comment by a supervisor indicating the employers preference for nonunion hiring does not constitute substantial evidence of restraint coercion or interference with employees exercising protected rights under section 8a1 E. holding that isolated criminal attacks do not constitute persecution

assistant: The best answer is D. holding that a single isolated comment by a supervisor indicating the employers preference for nonunion hiring does not constitute substantial evidence of restraint coercion or interference with employees exercising protected rights under section 8a1
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: while deciding a motion for summary judgment in favor of the trustee of a discretionary trust). Thus, the Court concludes that because Neal had no property interest under state law in the Trust assets at the time he filed bankruptcy, those potential assets were not property of the estate pursuant to § 541(a)(1). B. The Debtor’s interest in the trust did not pass to him by way of bequest, devise, or inheritance, thus rendering § 541(a)(5)(A) inapplicable in this case. The Court now turns to the trustee’s claim that the Debtor’s interest in the inter vivos Trust is part of the bankruptcy estate pursuant to 11 U.S.C. § 541(a)(5)(A). Section 541(a)(5)(A) includes as property of the estate Any interest in property that would have been property of the estate if such interest had been an i ) (<HOLDING>); In re Shurley, 171 B.R. 769, 786 Options: A. holding that ijnter vivos trust distributions are not considered interest obtained by bequest devise or inheritance B. holding that the court is constrained to give a narrow construction to the words bequest devise and inheritance and to conclude such words do not encompass revocable inter vivos trusts C. recognizing that the court must give meaning to all the words in the claims D. holding that payments made to a debtor from inter vivos trusts within 180 days of filing the petition are not interests by way of bequest devise or inheritance and are not part of the bankruptcy estate E. holding that inter vivos trusts are not considered interest obtained by bequest devise or inheritance

assistant: The best answer is B. holding that the court is constrained to give a narrow construction to the words bequest devise and inheritance and to conclude such words do not encompass revocable inter vivos trusts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As contemplated by Paragraph 9(d)(ii)(g) of the PD Employment Agreement, and subject to Dauman’s execution and non-revocation of the First Dauman Release, Viacom shall continue to provide Dauman with no less than $5,000,000 in life insurance or such lesser amount determined in accordance with the terms set forth in such Paragraph.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: school in Coweta County that in 2001 became the first state charter school approved in Georgia. The two schools recently had separate petitions approved so that they could become commission charter schools as of July 1, 2011 - or so they thought, there being no such schools after today’s decision. 18 These three types of “special schools” appear to he illustrative, not limiting, given that they were introduced by the word “including.” To the extent that these examples might have operated to limit the scope of “special schools,” however, they were deleted in 1983 and the presumption is that, when limiting language is removed from a law, the law should no longer be read as including such limits. See Transp. Ins. Co. v. El Chico Restaurants, 271 Ga. 774, 776 (524 SE2d 486) (1999) (<HOLDING>). 19 I recognize the possibility that I may Options: A. recognizing obligation to read the language of the statute in light of previously established common law B. holding that the courts will not read language into a statute where it would result in an enlargement of the statute by the court so that what was omitted may be included within its scope C. holding that statutes must be read so as to give effect to all statutory language D. holding that intent of parties to choice of law must be given effect E. holding that the legislatures deletion of limiting language when amending a statute must be presumed to be a matter of considered choice so that the law cannot he read to maintain the limitation at issue

assistant: The best answer is E. holding that the legislatures deletion of limiting language when amending a statute must be presumed to be a matter of considered choice so that the law cannot he read to maintain the limitation at issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party represents and warrants to the other Party that, notwithstanding anything to the contrary in this Agreement, the execution and delivery of this Agreement, the performance of such Party’s obligations hereunder and the licenses and sublicenses to be granted pursuant to this Agreement (i) do not and will not conflict with or violate any requirement of Applicable Laws and (ii) do not and will not conflict with, violate, breach or constitute a default under any written agreement to which it is a party.

assistant: No Conflicts
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: mistakes in consecutive years. (Defs.’ Mot. to Dismiss at 12.) The Court considers all of these arguments in its comparative evaluation of scienter. 2. GAAP Violations Plaintiffs provide evidence that Shuffle Master has admitted to various GAAP violations during and prior to the Class Period which may lend to a determination that Defendants possessed the requisite scienter under the PSLRA. Defendants correctly note that restatements and GAAP violations alone do not raise a strong inference of scienter; however, the Ninth Circuit has held that “significant violations of GAAP standards can provide evidence of scienter so long as they are pled with particularity.” In re Daou Sys., Inc., 411 F.3d 1006, 1022 (9th Cir.2005); In re McKesson HBOC, Inc., 126 F.Supp.2d 1248, 1273 (N.D.Cal.2000) (<HOLDING>). In its Restated 2006 10-K, Shuffle Master Options: A. holding that scienter requirement was met where gaap violations led to restatement and individual defendants were aware of weak internal controls B. holding that the fact that the company violated gaap when viewed in light of significant overstatements of revenue tended to support inference of scienter C. holding that failure to follow gaap without more is insufficient to establish scienter D. holding that significant gaap violations described with particularity may provide powerful indirect evidence of scienter E. holding that a rule 10b5 claim must be stated with particularity

assistant: The best answer is D. holding that significant gaap violations described with particularity may provide powerful indirect evidence 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: OF JURY TRIAL . THE BORROWERS, THE ADMINISTRATIVE AGENT AND THE LENDERS HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND FOR ANY COUNTERCLAIM THEREIN.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you do not pay the fees or charges due for your use of the premium services , we may make reasonable efforts to notify you and resolve the issue ; however , we reserve the right to disable or terminate your access to the premium services ( and may do so without notice ) .

assistant: Unilateral termination
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 representations and warranties contained in this Guaranty or in any other agreement between the Guarantor and Minnetronix shall survive the execution, delivery and performance of this Guaranty and the creation and payment of the Obligations. Captions in this Guaranty are for reference and convenience only and shall not affect the interpretation or meaning of any provision of this Guaranty.

assistant: General
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 will not collect users ' content or information , or otherwise access facebook , using automated means ( such as harvesting bots , robots , spiders , or scrapers ) without our prior permission .

assistant: None