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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a party submitting a counter notification should consult a lawyer or see 17 u.s.c. § 512 to confirm the party 's obligations to provide a valid counter notification under the copyright act .

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: As of the Execution Date, immediately after the consummation of the Transactions to occur on the Execution Date, as of the Replacement Facilities Effective Date, immediately after the consummation of the Transactions to occur on the Replacement Facilities Effective Date, and as of the Acquisition Closing Date, immediately after the consummation of the Transactions to occur on the Acquisition Closing Date, as applicable (i) each of the Fair Value and the Present Fair Salable Value of the assets of the Company and its Subsidiaries taken as a whole exceed their Stated Liabilities and Identified Contingent Liabilities; (ii) the Company and its Subsidiaries taken as a whole Do Not Have Unreasonably Small Capital; and (iii) the Company and its Subsidiaries taken as a whole Can Pay Their Stated Liabilities and Identified Contingent Liabilities as they mature.

assistant: Solvency
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 set forth above or in any additional terms , purchases of linden content ( including but not limited to usage subscriptions , virtual tender , and/or other virtual goods and services ) are final , non-refundable , have no monetary value ( i.e. are not a cash account or equivalent ) and are purchases of only a limited , non-exclusive , revocable , non-assignable , personal , and non-transferable license to use content inworld , even if they come with a durational term ( e.g. a monthly subscription ) .

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: This Agreement and the other Transaction Agreements (and all exhibits and schedules thereto) collectively constitute and contain the entire agreement and understanding of the Parties with respect to the subject matter hereof and thereof and supersede all prior negotiations, correspondence, understandings, agreements and contracts, whether written or oral, between the Parties respecting the subject matter hereof and thereof.

assistant: Entire Agreements
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: At no time before, on or after the Retirement Date shall Executive publish or otherwise transmit any disparaging, derogatory or defamatory remarks, comments or statements, whether written or oral, regarding the Company, its affiliates or their respective officers, directors, employees, consultants, reputations, products, operations, procedures, policies or services, which are reasonably likely to (i) damage the reputation of the Company or its affiliates or (ii) interfere with the contracts or business relationships of the Company or its affiliates. This paragraph shall not restrict or prevent Executive from providing truthful testimony as required by court order or other legal process.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: home, appellant possessed the rifles and exhibited them to Quinley. Quinley’s testimony was sufficient evidence for the jury to find that appellant exclusively possessed the stolen rifles recently after they were stolen. Appellant’s reliance on Smith v. Commonwealth, 247 Va. 157, 439 S.E.2d 409 (1994), is misplaced. Smith involved the application of the exclusive possession inference to the Commonwealth’s charge of grand larceny of a truck based solely upon the defendant’s possession of a checkbook and knives which the owner of the truck had left in the truck but had not seen for months prior to the theft. In Smith, the evidence failed to prove that the truck, checkbook, and knives were stolen at the same time. Cf. Williams v. Commonwealth, 188 Va. 583, 597, 50 S.E.2d 407, 414 (1948) (<HOLDING>). Consequently, the Court found that the Options: A. holding that a defendant may be convicted of theft twice on the basis of intentional possession at one time of stolen property if the property forming the basis of the one conviction was stolen at different times and places from different owners than the property forming the basis of the second conviction B. holding that the officers examination revealed that there was probable cause to believe that the property was stolen C. holding proof of possession of stolen goods is sufficient evidence to sustain conviction for theft D. holding that exclusive possession of recently stolen goods warrants the inference that he stole all of the property for which the defendant is accused of taking provided all the property was stolen at the same time emphasis added E. recognizing that defendants intent to return stolen items to their rightful owner is a valid defense to charge of receiving stolen property

assistant: The best answer is D. holding that exclusive possession of recently stolen goods warrants the inference that he stole all of the property for which the defendant is accused of taking provided all the property was stolen at the same time emphasis added
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the fees incurred in representing his client, though not contradicted, does no more than raise a fact issue to be determined by the jury. Ragsdale v. Progressive Voters League, 801 S.W.2d 880, 882 (Tex.1990). Furthermore, the reasonableness of attorney’s fees is generally one of fact. Sea Hoss Marine Enters., Inc. v. Angleton Bank of Commerce, 536 S.W.2d 592, 597 (Tex.Civ.App.—Houston [1st Dist.] 1976, writ refd n.r.e.). There is an exception to this rule when the testimony of an interested witness is not contradicted by any other witness, or attendant circumstances, and the same is clear, direct and positive, and free from contradiction, inaccuracies, and circumstan ); see also Bethel v. Butler Drilling Co., 635 S.W.2d 834, 842 Tex.App.—Houston [14th Dist.] 1982, writ refd n.r.e.) (<HOLDING>). Reasonable value is a question for the court Options: A. holding merely that the evidence was sufficient to support the award of attorneys fees B. holding that an attorneys fees award is not appealable until the amount of the award is set C. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency D. holding jury can award less than uncontradicted evidence supported for attorneys fees E. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees

assistant: The best answer is D. holding jury can award less than uncontradicted evidence supported for attorneys fees
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, with the consent of the Borrower (such consent not to be unreasonably withheld or delayed; provided that it is understood that it shall be reasonable for the Borrower to withhold consent to a new participant if such new participant is a hedge fund, private equity fund or any entity that is a direct competitor of the Borrower and is in the hotel business) and the Administrative Agent (such consent not to be unreasonably withheld or delayed), sell participations to any Person (other than a natural Person, or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person, a Defaulting Lender, or the Borrower or any of the Borrower’s Affiliates or Subsidiaries or JV Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement, (iv) the consent of the Borrower and the Administrative Agent shall not be required if such participation is sold to a Lender, an Affiliate of a Lender or an Approved Fund, (v) the consent of the Borrower shall not be required if an Event of Default has occurred and is continuing at the time of such sale of a participation, and (vi) the Borrower shall be deemed to have consented to any such sale of a participation unless it shall object thereto by written notice to the Administrative Agent within ten (10) Business Days after having received notice thereof. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Sections 11.04(c) without regard to the existence of any participation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (i) Except as otherwise specifically provided herein, any Purchaser may sell to one or more Persons (each a “ Participant ”) participating interests in the interests of such Purchaser hereunder; provided , that no Purchaser shall grant any participation under which the Participant shall have rights to approve any amendment to or waiver of this Agreement or any other Transaction Document. Such Purchaser shall remain solely responsible for performing its obligations hereunder, and the Seller, the Servicer, each Purchaser Agent and the Administrator shall continue to deal solely and directly with such Purchaser in connection with such Purchaser’s rights and obligations hereunder. A Purchaser shall not agree with a Participant to restrict such Purchaser’s right to agree to any amendment hereto, except amendments that require the consent of all Purchasers.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Parent will, and will cause each of the Subsidiaries to comply, in all material respects, with all applicable laws, rules, regulations and orders (including ERISA and environmental laws), except, in any case, where the failure so to comply, either individually or in the aggregate, could not be reasonably expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or communication under this Agreement must be in writing and given by (i) deposit in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, (ii) delivery in person or by courier service providing evidence of delivery, or (iii) transmission by hand delivery, electronic mail, telecopy, telegram or facsimile. Each notice or communication that is mailed, delivered, or transmitted in the manner described above shall be deemed sufficiently given, served, sent, and received, in the case of mailed notices, on the third business day following the date on which it is mailed and, in the case of notices delivered by courier service, hand delivery, electronic mail, telecopy, telegram or facsimile, at such time as it is delivered to the addressee (with the delivery receipt or the affidavit of messenger) or at such time as delivery is refused by the addressee upon presentation. Any notice or communication under this Agreement must be addressed, if to the Company, to: 650 Fifth Avenue, Floor 31, New York, NY 10019 or by facsimile at [__________], and, if to any Holder, at such Holder’s address or facsimile number as set forth in the Company’s books and records. Any party may change its address for notice at any time and from time to time by written notice to the other parties hereto, and such change of address shall become effective thirty (30) days after delivery of such notice as provided in this Section 5.1 .

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: is not wholly and immediately foreclosed; rather, the Court's inquiry necessarily proceeds to the point of deciding whether the duty asserted can be judicially identified and its breach judicially determined, and whether protection for the right asserted can be judicially molded''). GINSBURG, Circuit Judge, concurring: We have held that actions based upon denial of security clearance do not merely fail to state a claim, but are beyond the reach of judicial review. See Bennett, 425 F.3d at 1001 (“Because the authority to issue a security clearance is a discretionary function of the Executive Branch and involves the complex area of foreign relations and national security, employment actions based on denial of security clearance are not subject to judicial review”); Ryan, 168 F.3d at 524 (<HOLDING>); Krc, 905 F.2d at 395. That a plaintiff makes Options: A. holding that denial of the opportunity to work overtime is an adverse employment action sufficient to make out a prima facie case under title vii B. holding an adverse employment action based on denial or revocation of a security clearance is not actionable under title vii C. holding that denial of a bonus was not an adverse employment action D. holding that a verbal threat of being fired is not an adverse employment action for purposes of title vii E. holding that termination is an adverse employment action

assistant: The best answer is B. holding an adverse employment action based on denial or revocation of a security clearance is not actionable under title vii
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 for the Disclosed Matters, there is no action, suit or proceeding pending against, or to the knowledge of the Borrower threatened against or affecting, the Borrower or any of its Restricted Subsidiaries before any arbitrator or any Governmental Authority, that (i) could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect, or (ii) which would in any material respect draw into question the enforceability of any of the Financing Documents.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the services may include a virtual , game currency ( like gold , coins or points ) that may be purchased from microsoft using actual monetary instruments if you have reached the age of `` majority '' where you live .

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: Except as expressly provided in this Agreement, or as provided in the Ancillary Documents or the Omnibus Agreement, all costs and expenses incurred by the Parties in connection with the consummation of the transactions contemplated hereby shall be borne solely and entirely by the Party which has incurred such expense. For the avoidance of doubt, the Partnership shall be responsible for all costs and expenses (including attorneys’ fees and expenses) incurred by the conflicts committee of the General Partner in connection with this Agreement and the transactions contemplated herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: annual reports, Motorola observes that Fu-jifilm maintained substantial reserves (over $2 billion) throughout the period of infringement. Id. at 3; Mody Decl. ¶ 4. Fujifilm responds that a review of its annual reports “reveals that [it] was only able to maintain its [cash] reserves through continuous and substantial cost reductions and structured reforms.” Rule 59 Reply at 4-5 (Dkt. No. 374). Fujifilm also points out that the Federal Circuit has squarely held that “it is not necessary that a patentee demonstrate that it borrowed at the prime rate in order to be entitled to prejudgment interest at that rate.” Uniroyal, Inc. v. Rudkin-Wiley Corp., 939 F.2d 1540, 1545 (Fed.Cir.1991); see also Studiengesellschaft Kohle, m.b.H. v. Dart Indus., Inc., 862 F.2d 1564, 1579-80 (Fed.Cir.1988) (<HOLDING>) (internal quotation marks omitted). I find Options: A. holding that it is proper to award prejudgment interest at the legal rate from the date the monies were due under the contract B. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract C. holding that award and rate of prejudgment interest are within trial courts discretion D. holding that rule 60a is the proper vehicle for correcting a judgment in order to provide for an award of prejudgment interest where among other things governing law would make the interest award automatic or the district court clearly intended to make the interest award in its prior order E. holding that a patentee does not have to make an affirmative demonstration ie proof of borrowing at or above primeto be entitled to an award of prejudgment interest at the prime rate

assistant: The best answer is E. holding that a patentee does not have to make an affirmative demonstration ie proof of borrowing at or above primeto be entitled to an award of prejudgment interest at the prime rate
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: Borrower agrees: (a) to execute and deliver such documents as Beneficiary deems necessary to create, perfect and continue the security interests contemplated hereby to the extent the same may be perfected by filing; (b) to cooperate with Beneficiary in perfecting all security interests granted herein and in obtaining such agreements from third parties as Beneficiary deems necessary, proper or convenient in connection with the preservation, perfection or enforcement of any of its rights hereunder (including, without limitation, control agreements with respect to accounts not at Wells Fargo Bank, National Association, or its affiliates); and (c) that Beneficiary is authorized to file financing statements in the name of Borrower to perfect Beneficiary’s security interest in Collateral (including financing statements that include an “all assets,” “all personal property,” or similar collateral description). Borrower shall promptly notify Beneficiary in writing after the filing of any application for a patent, trademark or copyright or the issuance of any patent or registration of any trademark or copyright or otherwise obtaining any interest in any patent, trademark or copyright. If requested by the Beneficiary, Borrower shall execute such additional documentation to be filed in the United States Copyright Office or the United States Patent and Trademark Office as the Beneficiary may reasonably require from time to time.

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: had a full and fair opportunity to litigate the issue in the earlier proceeding”. Id. (citing People v. Gates, 434 Mich. 146, 452 N.W.2d 627, 630-31 (1990)). Only the “identity of the party” and the “same issue” requirements are at issue in the instant case. The Care House Defendants and the City Defendants are the same party for purposes of collateral estoppel. “[0]ne of the ‘critical factors’ in applying collateral estoppel is the determination of whether the respective litigants were parties or privy to a party to an action in which a valid judgment has been rendered.” Gates, 452 N.W.2d at 630. Here, assuming, arguendo, that the Care House Defendants are state actors, they would necessarily act in privity with the City Defendants, with whom they are alleged to have conspired. Id. (<HOLDING>). Thus, the “identity of the party” requirement Options: A. holding that in case where child was removed from mothers care and placed in the custody of the cabarrus county department of social services under north carolina law the reasonable efforts and best interest determinations are conclusions of law because they require the exercise of judgment B. holding that the grant county prosecutor had a statutory duty to be legal advisor to the county clerk even though she was not embroiled in litigation in which the county was the real party in interest C. holding that the department of social and rehabilitation services could be held liable for the sexual abuse of the plaintiff by her stepfather D. holding that the states department of social services and a county prosecutor were in privity and satisfied the identity of the party requirement E. holding that county and district attorneys are officers within the judicial department

assistant: The best answer is D. holding that the states department of social services and a county prosecutor were in privity and satisfied the identity of the party requirement
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 Berry, 670 F.2d at 597, did say that ‘The more intrusive on an individual's freedom complying with a request would be, the greater should be the skepticism with which a court treats assertions that an individual consented to a request”; but this does not determine when consent was given, however, or suggest less validity to an acquiescence voluntarily and intelligently extended. See Mendenhall, 446 U.S. at 555-56, 100 S.Ct. at 1877-78; Gonzales, 842 F.2d at 754-55. 17 . Zukas, 843 F.2d at 183 ("The suspicion did not rise to the level of probable cause [for arrest], though, until after Zukas and the passenger had consented to a search that resulted . in the discovery of cocaine.”). 18 . Berkemer v. McCarty, 468 U.S. 420, 435 n. 22, 104 S.Ct. 3138, 3148 n. 22, 82 L.Ed.2d 317 (1984) (<HOLDING>); Hoffa v. United States, 385 U.S. 293, 310, 87 Options: A. holding that traffic stops do not ordinarily place a motorist in custody the court rejected the position that custody arises as soon as the level of suspicion amounts to probable cause to arrest B. holding that traffic stops based on probable cause are valid even if the officer stopping the vehicle suspects that the occupant is engaged in other illegal activity C. recognizing that district courts finding of reasonable suspicion or probable cause based on the totality of the circumstances is ordinarily accorded deference D. holding that arrest took place inside home even though officers did not physically enter residence to place suspect in custody E. holding that reasonable suspicion standard applies to routine traffic stops

assistant: The best answer is A. holding that traffic stops do not ordinarily place a motorist in custody the court rejected the position that custody arises as soon as the level of suspicion amounts to probable cause to arrest
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 an independent contractor, Consultant acknowledges that he does not have the right to participate in any of the Company’s employee benefit plans or perquisites. Consultant further acknowledges that in accordance with the ending of his employment under the Employment Agreement, from and after the Effective Date, Consultant is no longer entitled, and the Company shall no longer provide, Consultant with daily transportation service by car or with a Company office. Consultant further disclaims any intention or right to participate in any of the Company’s employee benefit plans or perquisites and waives any such right even if Consultant’s status with the Company is determined by a third party tribunal to be that of an employee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Award evidenced hereby are made and granted pursuant to the Plan and are in all respects limited by and subject to the terms of the Plan. In the event of any conflict between the provisions of this Agreement and the terms of the Plan, the terms of the Plan shall be controlling. All decisions of the Administrator with respect to any question or issue arising under the Plan or this Agreement shall be conclusive and binding on all persons having an interest in the Award.

assistant: Construction
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 representations and warranties of the Seller and Guarantor contained in this Agreement shall be true and correct in all material respects (other than those which are qualified as to materiality, Material Adverse Effect or other similar term, which shall be true and correct in all respects) on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date (except that representations and warranties made as of a specific date shall be true and correct in all material respects (except as aforesaid) on such date); the Seller and the Company shall have in all material respects performed and complied with all covenants and agreements required by this Agreement to be performed or complied with by the Seller, the Guarantor and the Company on or prior to the Closing Date; and the Seller shall have delivered to the Purchaser a certificate, dated the dale of the Closing Dale and signed by an executive officer of the Seller, to the foregoing effect.

assistant: Representations
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: Subject to Section 3, a Participant will be 100% vested if he remains employed with the Company or any Affiliate or Subsidiary on February 28, 2019 (the “Vesting Date”). For purposes of the Agreement, the “Vesting Period” is the period from the first day of the calendar month that includes the Date of Grant through the Vesting Date. Notwithstanding the foregoing, a Participant who meets the criteria to terminate employment due to Retirement (as provided in Section 3(a)) shall be 100% vested as of the date the Participant meets such criteria (irrespective of whether the Participant terminates employment due to Retirement).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ... student’s home as possible, except when a student elects to attend a school elsewhere....” Id. § 32.4(p). Whether the federal government’s responsibility for Indian education is based on a legal obligation arising out of its trust relationship with Indian peoples, or a moral obligation that it has voluntarily assumed, compare, e.g., 25 U.S.C.A. §§ 450(a) & 2501 (concluding from its “careful review of the Federal government’s historical and special legal relationship with” American Indians that the United States has “resulting responsibilities to” Indians, particularly in the area of education), and 25 C.F.R. § 32.3 (“the Federal Government has a direct interest, as trustee, in protecting Indian ... children, including their education”) (emphasis added), with 25 U.S.C.A. § 1901 (<HOLDING>), the United States clearly has an obligation Options: A. holding that congress which regulated the introduction of alcoholic beverages in indian country could validly delegate to indian tribes its authority to regulate that subject matter because indian tribes themselves possessed independent authority over the subject matter B. recognizing the federal responsibility to indian people and finding that congress has assumed the responsibility for the protection and preservation of indian tribes and their resources none of which is more vital than their children C. recognizing the inherent power of indian tribes to exercise criminal jurisdiction over all indians D. holding that federal legislation with respect to indian tribes is not based upon impermissible racial classifications and noting that article i 8 of the constitution gives congress the power to regulate commerce with the indian tribes E. recognizing that many though not all indian tribes make tribal court remedies available for claims against their governments

assistant: The best answer is B. recognizing the federal responsibility to indian people and finding that congress has assumed the responsibility for the protection and preservation of indian tribes and their resources none of which is more vital than their children
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be administered by the Head of Total Rewards (Global) of the Company (the “Plan Administrator”), which shall be the “administrator” and “named fiduciary” of the Agreement, as such terms are defined in ERISA.

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 legal provision and list the applicable contract clause categories. Provision: Each Loan Party and each of its Subsidiaries has (a) timely filed all income Tax and other material Tax returns and reports required by Law to have been filed by it, which Tax returns and reports are correct and complete in all material respects; and (b) paid all income Taxes and other material Taxes of Governmental Authorities thereby shown to be owing, except any such Taxes which are being diligently contested in good faith by appropriate proceedings which stay the enforcement of any Lien resulting from the nonpayment thereof and for which adequate reserves in accordance with GAAP shall have been set aside on its books . Except as set forth in Item 6.11 (“ Taxes, etc . ”), neither the Loan Parties nor any Subsidiaries of the Loan Parties are a party to any tax sharing agreement .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: express trust argument does not apply to this transfer. The Trustee has demonstrated, beyond any genuine dispute, all of the necessary elements for avoidance of the first transfer, under his constructive fraudulent transfer theories. V. Conclusion For the reasons stated in this opinion, the Court will enter an order (1) granting the Trustee’s motion for partial summary judgment with respect to the first transfer (the $400.00 transfer on May 8, 2008), and otherwise denying the motion; and (2) granting Marquette’s motion for summary judgment with respect to the fourth transfer (the $43.00 post-petition transfer on November 20, 2008), and otherwise denying the motion. 1 . Docket #19. 2 . Id. at 2 ¶ 8. 3 . Cf. Barnhill v. Johnson, 503 U.S. 393, 394-95, 112 S.Ct. 1386, 118 L.Ed.2d 39 (1992)(<HOLDING>). 4 . These dates are established by the Options: A. holding that for purposes of avoiding a transfer as a preference under 11 usc 547 a transfer made by check should be deemed to occur on the date the drawee bank honors it B. holding that a plaintiff who has not sustained any damage as the result of a transfer of property cannot seek to set that transfer aside as fraudulent C. holding that the date of transfer should be measured by the date that the transfer was good as against a subsequent bona fide purchaser or judgement holder which in accordance with applicable state law was the date of recordation as opposed to the date the deed was signed D. holding that chapter 13 debtor lacked standing under 11 usc 548 but finding limited authority for the debtor to avoid a transfer under 11 usc 522h E. holding authority to transfer every asset of failed bank includes authority to transfer choses in action not assignable under state law

assistant: The best answer is A. holding that for purposes of avoiding a transfer as a preference under 11 usc 547 a transfer made by check should be deemed to occur on the date the drawee bank honors it
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 re Plummer, the court allowed a debtor to strip off a condo association’s lien and stated that no matter the specific definitional category in which condominium assessment liens fall, there is no question but that an assessment lien is a charge against the condominium owner’s property to secure performance of the owner’s obligation to pay assessments. As such, condominium assessment liens squarely fall within the Bankruptcy Code’s definition of liens and are subject to the application of Bankruptcy Code section 506. To hold otherwise would be to give condominium associations a special status under the bankruptcy laws that is not set forth in the Bankruptcy Code. 484 B.R. 882, 889 (Bankr.M.D.Fla.2013); see also In re Aliu-Otokiti, 2013 WL 1163782, at *3 (Bankr.M.D.Fla. Mar. 19, 2013) (<HOLDING>). Hillcrest argues that In re Raymond is Options: A. holding that a condo associations secondpriority lien was unsecured and subject to avoidance under 506 B. holding that in light of the statutory framework created by the code 522f lien avoidance cannot be made subject to any subsequent event C. holding that because creditors claim was unsecured after application of section 506a and because section 1325a5 does not apply to unsecured claims creditors lien could properly be avoided D. holding that a wholly unsecured junior mortgage lien can be avoided under nobelman E. holding that condominium associations lien as to future unpaid dues was inchoate because amount of lien was impossible to ascertain

assistant: The best answer is A. holding that a condo associations secondpriority lien was unsecured and subject to avoidance under 506
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: into Samuels' record would have informed Wright of the prior plea agreement. The facts of this case suggest otherwise. The prosecutor announced that Samuels would be a surprise rebuttal witness without prior notice to Wright. This was an insufficient amount of time for counsel to adequately prepare in time for trial. And in this time frame, it would have been unfair to require Wright to learn about the existence of all documentary evidence related to Samuels. See Gershman, supra, at 696. 70 . Cf. Leka v. Portuondo, 257 F.3d 89, 103 (2d Cir.2001) (finding a Brady violation where the government's disclosure prevented any "opportunity for a responsible lawyer to use the information with some degree of calculation and forethought”). 71 . See Giglio, 405 U.S. at 153-54, 92 S.Ct. 763 (<HOLDING>); People v. Steadman, 82 N.Y.2d 1, 603 N.Y.S.2d Options: A. holding evidence not to be material within the meaning of brady when the evidence did not eliminate the defendant as the perpetrator B. holding that the prosecutors nondisclosure of material evidence affecting a witnesss credibility which goes uncorrected falls within the requirements of brady C. holding that a prosecutors comment that a witnesss cooperation had convicted 23 other people impermissibly bolstered witnesss credibility through evidence outside the record D. holding impeachment evidence falls within the brady rule E. holding that nondisclosure of evidence undermining eyewitness identifications of the defendant by what the state identified as its two best witnesses was material under brady

assistant: The best answer is B. holding that the prosecutors nondisclosure of material evidence affecting a witnesss credibility which goes uncorrected falls within the requirements of brady
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: You agree to make yourself available, attend meetings, give testimony, and otherwise cooperate as reasonably requested by the Company regarding any litigation, arbitration, administrative proceedings, investigations or other matters of a similar nature involving the Company of which you had knowledge or are alleged to have had knowledge. Any address changes should be communicated promptly to the Company. The Company shall provide reimbursement for reasonable expenses associated with this provision.

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 legal provision and list the applicable contract clause categories. Provision: Whether or not the transactions contemplated by this Agreement are fully consummated, each Guarantor shall promptly pay (or reimburse, as the Administrative Agent may elect) all costs and expenses which the Administrative Agent has incurred or may incur in connection with the negotiation, preparation, reproduction, interpretation, administration and enforcement of this Agreement and all amendments, waivers, modifications and supplements hereto and the collection of all amounts due hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to challenge, for both truth and significance, facts of which the BIA takes administrative notice when its reliance on those facts is dispositive, as was the case here. See Rivera-Cruz v. INS, 948 F.2d 962, 968 (5th Cir.1991) (“It is a fundamental proposition of administrative law that interested parties must have an effective chance to respond to crucial facts.”) (internal quotation marks omitted); Kaczmarczyk v. INS, 933 F.2d 588, 596 (7th Cir.1991) (“We believe the due process clause of the fifth amendment requires that petitioners be allowed an opportunity to rebut officially noticed facts, particularly when ... those facts are crucial to — indeed dis-positive of — the outcome of the administrative proceeding.”); Castillo-Villagra v. INS, 972 F.2d 1017, 1029 (9th Cir.1992) (<HOLDING>); de la Llanar-Castellon, 16 F.3d at 1099 Options: A. holding that the bia violated the fifth amendments due process clause in taking notice of the change of government without providing the petitioners an opportunity to rebut the noticed facts B. holding municipalities are not persons within the meaning of the due process clause of the fifth or fourteenth amendments C. holding that a termination of a government contract does not constitute a taking of the plaintiffs property without just compensation or without due process of law D. holding that availability of motions to reopen satisfies the due process requirement that petitioners be allowed to rebut facts of which the bia takes administrative notice E. holding that the due process clause of the fifth amendment requires that petitioners be allowed an opportunity to rebut officially noticed facts particularly when those facts are crucial to the outcome of the administrative proceeding

assistant: The best answer is A. holding that the bia violated the fifth amendments due process clause in taking notice of the change of government without providing the petitioners an opportunity to rebut the noticed facts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto acknowledge and agree that, for purposes of any right of pledge governed by Netherlands Law, any resignation by the Collateral Agent is not effective with respect to its rights and obligations under each Parallel Debt until such rights and obligations are assigned to the successor agent. The Collateral Agent will reasonably cooperate in assigning its rights and obligations under each Parallel Debt to any such successor agent and will reasonably cooperate in transferring all rights and obligations under any security document governed by Netherlands Law (as the case may be) to such successor agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, the Fee Letter and each Confirmation contains a final and complete integration of all prior expressions by the parties with respect to the subject matter hereof and thereof and shall constitute the entire agreement among the parties with respect to such subject matter, superseding all prior oral or written understandings.

assistant: Integration
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: Broker’s testimony. But nothing in the record suggests the district court ever reviewed or evaluated Dr. Broker’s expert report after American Family offered it as a proffer. Rather, the district court indicated the proffer would be made part of the record and then stated, “I don’t need it.” Moreover, the district court excluded the expert testimony months before it received the proffer, based solely on Mr. Adam-scheck’s one-sentence characterization of Dr. Broker’s opinions. 7 . In its brief, American Family correctly stated that Rule 702 requires analysis of relevance. See Daubert, 509 U.S. at 589, 113 S.Ct. 2786 ("[U]nder the Rules the trial judge must ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable.”); id. at 591, 113 S.Ct. 2786 (<HOLDING>). In fulfilling its ga-tekeeping function, a Options: A. recognizing that the need for the expert was so great that the decision to preclude the expert effectively amounted to dismissal of case B. recognizing rule 702s requirement that expert evidence assist the trier of fact and concluding that tjhis condition goes primarily to relevance C. holding that a defendant not only has a right to be examined by an expert but also has the right to have an expert appointed to assist him in his defense D. recognizing relevance of information and that need for this information outweighs the burden to appellants E. recognizing rule

assistant: The best answer is B. recognizing rule 702s requirement that expert evidence assist the trier of fact and concluding that tjhis condition goes primarily to relevance
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: S.Ct. 1842 (“The Framers intended the Elections Clause to grant States authority to create procedural regulations....”). In Colorado Project-Common Cause v. Anderson, 178 Colo. 1, 495 P.2d 220, 222 (1972) (en banc), the Colorado Supreme Court held that the act of registration is “not a qualification but a mechanical adjunct to the elective process” for the elector. See also Duprey v. Anderson, 184 Colo. 70, 518 P.2d 807, 808 (1974) (en banc) (“Registering to vote does not come within the ambit of a constitutional qualification to vote.”). The State then concludes 912 (1958) (per curiam) (invalidating requirement that a congressional representative must reside in the district from which he is elected); see also Application of Ferguson, 57 Misc.2d 1041, 294 N.Y.S.2d 174, 175-76 (1968) (<HOLDING>); Danielson v. Fitzsimmons, 232 Minn. 149, 44 Options: A. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states B. holding that the united states may bring suit against a state to enforce compliance with federal law C. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process D. holding that state may not exclude convicted felon as a candidate for the united states senate E. holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states

assistant: The best answer is D. holding that state may not exclude convicted felon as a candidate for the united states senate