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: that probable cause did not exist. Qualified immunity protects those officers who make a reasonable error in determining whether there is probable cause to arrest an individual. Anderson v. Creighton, 483 U.S. 635, 643, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987); Belcher v. Norton, 497 F.3d 742, 749 (7th Cir.2007). The Supreme Court has articulated a two-part test for qualified immunity: (1) whether the facts, taken in the light most favorable to the plaintiff, show that the defendant violated a constitutional right; and (2) whether that constitutional right was clearly established at the time of the alleged violation. Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001) (overruled in part by Pearson v. Callahan, 555 U.S. 223, 236, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (<HOLDING>)). Although qualified immunity is an Options: A. holding that citys policy need not be unconstitutional per se but need only cause a constitutional violation B. holding that a defendant need not be advised of the right to terminate questioning at any time C. holding that the saucier procedure need not be followed in any particular sequence D. holding that courts are not bound to decide any particular jurisdictional question before any other E. holding that a claim on an algorithm for converting binarycoded decimal numbers into pure binary numbers was not patent eligible because the claims were not limited to any particular art or technology to any particular apparatus or machinery or to any particular end use

assistant: The best answer is C. holding that the saucier procedure need not be followed in any particular sequence
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 disclosed on Schedule 9.1.16 , there are no proceedings or investigations pending or, to any Obligor’s knowledge, threatened against any Obligor or Subsidiary, or any of their businesses, operations, Properties or conditions, that (a) relate to any Loan Documents or transactions contemplated thereby; or (b) could reasonably be expected to have a Material Adverse Effect. No Obligor or Subsidiary is in default with respect to any material order, injunction or judgment of any Governmental Authority.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each other Loan Party on their own behalf and on behalf of their predecessors, successors, heirs, legal representatives and assigns (collectively, the “ Releasing Parties ”), hereby acknowledge and stipulate that as of the Third Amendment Effective Date, none of the Releasing Parties has any known claims or known causes of action of any kind whatsoever against Administrative Agent, any other Secured Party or any of their officers, directors, employees, agents, attorneys, affiliates or representatives, or against any of their respective predecessors, successors, or assigns (each of the foregoing, collectively, the “ Released Parties ”). Each of the Releasing Parties hereby forever releases, remises, discharges and holds harmless the Released Parties, from any and all known claims, causes of action, demands, and liabilities of any kind whatsoever, whether direct or indirect, fixed or contingent, liquidated or nonliquidated, disputed or undisputed, which any of the Releasing Parties has or may acquire in the future relating in any way to any event, circumstance, action, or failure to act from the beginning of time through the date of this Amendment.

assistant: Releases
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 its Affiliates shall have the right to deduct from all amounts payable to the Participant (whether under the Plan or otherwise) any amount of taxes required by law to be withheld in respect of settlement of the vested Total Performance Units, as may be necessary in the opinion of the Company to satisfy tax withholding required by law to be withheld. Unless otherwise determined by the Committee, the Company will meet such obligations with respect to the settlement and payment of any vested Total Performance Units by having the Company withhold the least number of whole shares of Common Stock having a Fair Market Value sufficient to satisfy the amount required to be withheld in respect of settlement and payment of the vested Total Performance Units.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller hereby agrees to sell, convey and assign to Purchaser, and Purchaser hereby agrees to purchase and accept from Seller, on the Closing Date and subject to the terms and conditions of this Agreement, all of Seller’s right, title, and interest in and to the Real Property, together with all of Seller’s right, title and interest in and to each of the following attributable the Real Property: (a) the Improvements; (b) the Personal Property; (c) the Tenant Leases in effect on the Closing Date; (d) the Service Contracts in effect on the Closing Date, (e) the Licenses and Permits; and (f) the Intangible Personal Property, in each of the cases of (e) and (f) to the extent assignable without the necessity of consent or approval and, if consent or approval is required, to the extent any necessary consent or approval has been obtained (the foregoing sale and purchase being defined herein as the “ Sale ”). The Real Property, together with the Improvements, the Personal Property, the Tenant Leases and Tenant Deposits, the Service Contracts, the Licenses and Permits and the Intangible Personal Property relating thereto, are hereinafter collectively, the “ Property ”.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: arguments from § 3553 “for a sentence different than the one ultimately imposed,” the party sufficiently “preserves its claim.” Id. at 578. However, we review unpreserved non-structural sentencing errors for plain error. Id. at 576-77. If, and only if, we find the sentence procedurally reasonable can we consider the substantive reasonableness of the sentence imposed. United States v. Carter, 564 F.3d 325, 328 (4th Cir.2009). Because Lackard requested a sentence different than the one ultimately imposed by the district court, we review his sentence for abuse of discretion. King, 673 F.3d at 283. Lackard’s arguments to the contrary, we discern no procedural sentencing error by the district court. Although Lackard asserts that the district court erred when it denied his r Cir.2008) (<HOLDING>). Although Lackard also asserts that the Options: A. holding that the district courts refusal to grant a downward departure was discretionary and not because it believed it lacked the authority to depart where the court assessed the facts of the case and concluded that the departure requested does not seem to have a basis B. holding that we may not review a district courts refusal to grant a downward departure unless the court mistakenly believed that it lacked the authority to grant such a departure C. holding that this court laeks the authority to review a sentencing courts denial of a downward departure unless the court failed to understand its authority to do so D. holding that this court does not review decisions of a district court not to depart downward unless the record reflects that the district court was not aware of or did not understand its discretion to make such a departure E. holding that the district courts denial of a downward departure was an exercise of discretion and therefore not reviewable

assistant: The best answer is C. holding that this court laeks the authority to review a sentencing courts denial of a downward departure unless the court failed to understand its authority to do so
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: was well known at the common law. A review of Illinois law reveals that while parties had a common law right to submit their differences to arbitration, the circuit court’s authority to enter judgment on an award is purely statutory in nature. As early as 1827, the General Assembly enacted legislation authorizing the entry of judgment on an award under certain circumstances. Rev. Stat. 1827, § 1. Such arbitration statutes existed on the books up until the time the Illinois version of the Uniform Act was adopted in 1961. See Rev. Stat. 1845, ch. VII, §§ 1, 7, 8; Ill. Rev. S . 95, 97 (1923) (explaining an arbitration award “might be enforced by an action at law” or, in the proper case, in equity through an action for specific performance); Duffy v. Odell, 117 Ill. App. 336, 339 (1904) (<HOLDING>); see also 3 Ill. L. & Prac. Arbitration & Options: A. recognizing that prevailing party has remedies available at common law to enforce arbitrators award B. holding that an arbitrators award should have been vacated C. holding that federal common law governs equitable remedies available under erisa D. holding that prevailing party has no standing to appeal E. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees

assistant: The best answer is A. recognizing that prevailing party has remedies available at common law to enforce arbitrators award
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: Stephens. As we stated above, Orix’s security agreement granted Orix a security interest in three specific pieces of equipment and: goods, chattels, machinery, equipment, inventory, accounts, chattel paper, notes receivable, accounts receivable, furniture, fixtures and property of every kind and nature, wherever located, now or hereafter belonging to the Mortgagor. Orix argues that this description is broad enough to cover the monies payable under the BFI agreement. Orix contends that the description covers all of W.T. Stephens’ personal property and extends to after acquired property, which the BFI agreement amounts would be since the agreement was not executed until several months after the security agreement was filed. In this argume inneapolis, 292 Minn. 277, 194 N.W.2d 775 (1972) (<HOLDING>). Orix also cites Unicut, a Texas case decided Options: A. holding description all tangible personal property now owned by the debtor or which may hereafter be acquired sufficient to cover equipment B. holding that insurance policys exclusion of vehicles owned by furnished for or made available for the regular use of the named insured from the definition of an underinsured motor vehicle is valid C. holding description all personal property sufficient to cover equipment D. holding description all of the goods then owned or to be owned in the future sufficient to cover equipment and vehicles E. holding the purpose of a checkpoint was valid when officers stopped vehicles to look for any violations on the vehicles such as drivers license equipment or inspection

assistant: The best answer is D. holding description all of the goods then owned or to be owned in the future sufficient to cover equipment and vehicles
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: Executive's annual base salary shall continue to be $501,000.00 per year ("Base Salary"). The Base Salary shall be payable in accordance with the Company's normal payroll practices. The Base Salary may be increased annually by the Board or the Compensation Committee of the Board (the "Compensation Committee"), in its sole discretion, and all references in this Agreement to Base Salary shall include any such increase. The Base Salary may not be decreased during the Term.

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 may not be amended, released, discharged, abandoned, changed, or modified in any manner, except by an instrument in writing signed by each of the parties hereto. The failure of any party hereto to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part thereof or the right of any party thereafter to enforce each and every such provision. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors (including any direct or indirect successor by purchase, merger, consolidation, or otherwise to all or substantially all of the business and/or assets of Johnson Controls), assigns, spouses, heirs, and personal and legal representatives; provided, however, that Tyco Management shall be a beneficiary of, and have the right to enforce, Section 14 hereof. Johnson Controls shall require and cause any successor thereof (whether direct or indirect by purchase, merger, consolidation, or otherwise) to all, substantially all, or a substantial part, of the business and/or assets of Johnson Controls, by written agreement in form and substance satisfactory to Indemnitee, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that Johnson Controls would be required to perform if no such succession had taken place. The indemnification provided under this Agreement shall continue as to Indemnitee for any action taken or not taken while serving in an indemnified capacity pertaining to an Indemnifiable Event even though he may have ceased to serve in such capacity at the time of any Proceeding or is deceased and shall inure to the benefit of the heirs, executors, administrators, legatees and assigns of such a person.

assistant: Binding Effects
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 and the Guarantors will, and will cause their respective Subsidiaries to, permit the Agent and the Lenders, at the Borrower’s expense (to the extent provided for below) and upon reasonable prior notice, to visit and inspect any of the Unencumbered Pool Properties of the Borrower, the Guarantors or any of their respective Subsidiaries (subject to the rights of tenants under their Leases), to examine the books of account of the Borrower, the Guarantors and their respective Subsidiaries (and to make copies thereof and extracts therefrom) and to discuss the affairs, finances and accounts of the Borrower, the Guarantors and their respective Subsidiaries with, and to be advised as to the same by, their respective officers, partners or members, all at such reasonable times and intervals as the Agent or any Lender may reasonably request, provided that so long as no Default or Event of Default shall have occurred and be continuing, the Borrower shall not be required to pay for such visits and inspections more often than once in any twelve (12) month period. The Lenders shall use good faith efforts to coordinate such visits and inspections so as to minimize the interference with and disruption to the normal business operations of such Persons.

assistant: Books
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) Except as otherwise specified herein or if the context may otherwise require, capitalized terms not defined in this Agreement shall have the respective meanings assigned such terms set forth in Appendix A to the Sale and Servicing Agreement, dated as of the date hereof (the “ Sale and Servicing Agreement ”), by and among the Depositor, as seller, AHFC, as servicer, RPA seller and sponsor, and Honda Auto Receivables 2017-1 Owner Trust, as issuer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall pay the Executive an annual rate of base salary of $375,000 (the “ Base Salary ”) in periodic installments in accordance with the Company’s customary payroll practices, but no less frequently than monthly.

assistant: Base Salary
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 Subsidiary to, timely file complete and correct United States federal and applicable foreign, state and local tax returns required by law and pay when due all taxes, assessments and governmental charges and levies upon it or its income, profits or Property, except those which are being contested in good faith by appropriate proceedings, with respect to which adequate reserves have been set aside in accordance with GAAP, and which do not exceed $1,000,000 in the aggregate at any one time.

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 legal provision and list the applicable contract clause categories. Provision: No Loan Party or any of its Subsidiaries is in violation of (i) any of its Governing Documents, (ii) any material Requirement of Law, or (iii) any material term of any material Contractual Obligation (including, without limitation, any Material Contract) binding on or otherwise affecting it or any of its properties, and no default or event of default has occurred and is continuing thereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: cause”). b. Iowa Code § 20.7(3) In this case, Lockhart asserts that Iowa Code § 20.7(3) places a statutory limitation on the School Board’s ability to terminate him, thus negating the presumption that his employment was at will. The relevant portion of Iowa Code § 20.7 is as follows: 20.7 Public employer rights Public employers shall have, in addition to all powers, duties, and rights established by constitutional provision, statute, ordinance, charter, or special act, the exclusive power, duty, and right to: í}í í{« ífe í}{ 3. Suspend or discharge public employees for proper cause. Iowa Code § 20.7(3) (enacted in 1974 as part of the Iowa Public Employment Relations Act). Lockhart contends that this statute specifically limits his discharge to discharge for “proper cause, 6 (Iowa 1979) (<HOLDING>); and see Iowa City Community Sch. Dist. v. Options: A. holding that 2073 was not inconsistent with the provision regarding the discharge of a teacher employed by public schools iowa code 27927 B. holding that arkansas state officials were bound by the supreme courts prior decision that racial segregation in public schools was unconstitutional in a case involving four different states that employed a similar system C. holding that 2073 expressly grants school districts the power to suspend teachers for proper cause for disciplinary reasons provided an iowa code 27927 discharge proceeding has been initiated D. holding that a conviction for a lascivious act with a child in violation of iowa code 7098 was a crime of violence E. holding interpretation of workers compensation statutes not clearly vested by a provision of law in the discretion of the agency triggering review under iowa code section 17a1910c

assistant: The best answer is A. holding that 2073 was not inconsistent with the provision regarding the discharge of a teacher employed by public schools iowa code 27927
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 agree that each of them and/or their respective counsel has reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of the Transaction Documents or any amendments hereto. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party. All currency references in this Agreement and any Transaction Document refer to U.S. dollars.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we endeavour to provide the best service we can , but you understand and agree that the spotify service is provided `` as is '' and `` as available '' , without express or implied warranty or condition of any kind .

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 Stockholder shall, from time to time, execute and deliver, or cause to be executed and delivered, such additional or further consents, documents and other instruments as the Company may reasonably request for the purpose of effectively carrying out the transactions contemplated by this Agreement.

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: by the State Police are accurate and need not be corrected. Citing Feigley v. Department of Corrections, 731 A.2d 220 (Pa.Cmwlth.1999), Dunbar contends that he has a due process right to an appeal hearing and that under Section 9151(b) of CHRIA, 18 Pa. C.S. § 9151(b), he has the right to have a proper party present at the hearing to defend its interests. Dunbar claims that he was denied due process because DOC, as the agency authorized to enforce and to interpret sentencing orders, was not a party to the proceedings. He asserts that the State Police is not the proper party to defend against the challenge because it is responsible, inter alia, for collecting fingerprint cards and maintaining criminal arrest histories. See Wagaman v. Attorney General, 872 A.2d 244 (Pa.Cmwlth.2005) (<HOLDING>). The State Police points out that pursuant to Options: A. holding that the party against whom collateral estoppel is asserted must have been a party to the prior action B. holding that a proper party must have responsibility to administer or to enforce the law C. recognizing court must enforce unambiguous contract according to its terms D. holding that congress may not direct a state to enact or enforce a particular law or type of law E. recognizing that prevailing party has remedies available at common law to enforce arbitrators award

assistant: The best answer is B. holding that a proper party must have responsibility to administer or to enforce the law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Executive shall be entitled to receive prompt reimbursement for all reasonable business expenses incurred by the Executive in accordance with the most favorable policies, practices and procedures of the Company and the affiliated companies in effect for the Executive at any time during the 120 ‑day period immediately preceding the Effective Date or, if more favorable to the Execu tive, as in effect generally at any time thereafter with respect to other peer executives of the Company and its affiliated companies.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the terms and conditions of a specific discount , coupon or gift code may include additional restrictions on its use , including but not limited to the type of plan , duration of free or discounted premium service , coupon validity dates , and/or purchase quantities .

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 shall become effective (other than Section 2.01, which shall only become effective upon satisfaction of the conditions precedent set forth in Section 3.01) when it shall have been executed by the Borrower and the Agent and when the Agent shall have been notified by each Initial Lender that such Initial Lender has executed it and thereafter shall be binding upon and inure to the benefit of the Borrower, the Agent, each LC Issuer and each Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights or obligations hereunder or any interest herein without the prior written consent of the Lenders to any Person.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a qualified right of access to criminal trials, see id. at 580, 100 S.Ct. 2814, to the examination of jurors during voir dire, see Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984) (“Press-Enterprise I”), and to preliminary hearings, see Press-Enterprise Co. v. Superior Court, 478 U.S. 1, 106 S.Ct. 2735, 92 L.Ed.2d 1 (1986) (“Press-Enterprise II”). The circuits, including ours, have concurred in holding that this right applies to civil as well as criminal proceedings. See Westmoreland v. Columbia Broad. Sys., Inc., 752 F.2d 16, 23 (2d Cir.1984) (asserting that “the First Amendment does secure to the public and to the press a right of access to civil proceedings”); see also Rushford v. New Yorker Magazine, Inc., 846 F.2d 249, 253 (4th Cir.1988) (<HOLDING>); Publicker Indus., Inc. v. Cohen, 733 F.2d Options: A. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed B. holding that the first amendment limits judicial discretion to seal documents in a civil case C. holding that the first amendment right of access applies to a summary judgment motion in a civil case D. holding that the rigorous first amendment standard should also apply to documents filed in connection with a summary judgment motion in a civil case E. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed

assistant: The best answer is D. holding that the rigorous first amendment standard should also apply to documents filed in connection with a summary judgment motion in a civil case
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 expire on unless renewed or otherwise extended by mutual written agreement. Termination or expiration or the Agreement or any renewal or extension thereof shall not operate to terminate Evans obligation under paragraphs 4, 5, 6, 10 and 12, herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (9th Cir. 1985); accord Cameron v. Bay Mills Indian Community, 843 F.Supp. 334, 336 (W.D.Mich.1994.) Sovereign immunity does not, however, bar actions for prospective relief against individual tribal officials who have allegedly acted outside the scope of their permissible authority. Burlington Northern R.R. v. Blackfeet Tribe of the Blackfeet Indian Reservation, 924 F.2d 899, 901 (9th Cir.1991), cert. denied, — U.S. —, 112 S.Ct. 3013, 120 L.Ed.2d 887 (1992); Davids v. Coyhis, 869 F.Supp. 1401 (E.D.Wis.1994.) A sovereign official’s immunity is removed in this case because the official exercised a power that his or her sovereign was powerless to convey. State of Wisconsin v. Baker, 698 F.2d 1323, 1332-33 (7th Cir.1983), cert. denied, 463 U.S. 1207, 103 S.Ct. 3537, 77 L.Ed.2d 1388 (1983) (<HOLDING>). Thus the individual Community Defendants are Options: A. holding that as a matter of federal law an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity B. holding that an official of an indian tribe should be stripped of his authority and corresponding immunity to act on behalf of his tribe whenever he exercises a power his tribe was powerless to convey to him C. holding that offreservation casino owned and operated by tribe was arm of the tribe and therefore was entitled to sovereign immunity D. holding that state did not have jurisdiction over tribe where tribe paid into workers compensation program but had not waived sovereign immunity E. holding that an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity

assistant: The best answer is B. holding that an official of an indian tribe should be stripped of his authority and corresponding immunity to act on behalf of his tribe whenever he exercises a power his tribe was powerless to convey to him
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 Employers may terminate the Executive’s employment if he is disabled and unable to perform the essential functions of the Executive’s then existing position or positions under this Agreement with or without reasonable accommodation for a period of 180 days (which need not be consecutive) in any 12-month period. If any question shall arise as to whether during any period the Executive is disabled so as to be unable to perform the essential functions of the Executive’s then existing position or positions with or without reasonable accommodation, the Executive may, and at the request of the Employers shall, submit to the Employers a certification in reasonable detail by a physician selected by the Employers to whom the Executive or the Executive’s guardian has no reasonable objection as to whether the Executive is so disabled or how long such disability is expected to continue, and such certification shall for the purposes of this Agreement be conclusive of the issue. The Executive shall cooperate with any reasonable request of the physician in connection with such certification. If such question shall arise and the Executive shall fail to submit such certification, the Employers’ determination of such issue shall be binding on the Executive. Nothing in this Section 3(b) shall be construed to waive the Executive’s rights, if any, under existing law including, without limitation, the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq . and the Americans with Disabilities Act, 42 U.S.C. §12101 et seq.

assistant: Disability
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: 915 F.2d at 39 n. 4. Perch’s cancer-related civil claims allege the same types of discrimination (gender and disability), and are based on the same type of conduct (refusal to change shift and grant additional sick time) as her CFS-related administrative charge. While the defendant’s acts regarding Perch’s CFS-related disability and her cancer-related disability are different, the difference is only temporal, not qualitative. The MCAD had ample opportunity to investigate both charges, whether or not it actually did so. Accordingly, I conclude that the cancer-related claims survive under the scope-of-the-investigation rule. V. ORDER For the foregoing reasons, the defendant’s motion to dismiss is DENIED. 1 . See Beddall v. State Street Bank and Trust Co., 137 F.3d 12, 17 (1st Cir.1998) (<HOLDING>); Edwin v. Blenwood Assocs., 9 F.Supp.2d 70, 72 Options: A. holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity B. holding that in connection with a motion to dismiss the court may consider a document not attached to the pleadings where the plaintiffs claim depends on the contents of a document the defendant attaches the document to its motion to dismiss and the parties do not dispute the authenticity of the document even though the plaintiff does not explicitly allege the contents of that document in the complaint C. holding that the failure to attempt to prove the authenticity of a document is significant particularly when the document in question was apparently obtained for removal proceedings rather than a contemporaneously created record of a past event D. holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint E. holding that when a complaints factual allegations are expressly linked and admittedly dependent upon a document the authenticity of which is not challenged that document effectively merges into the pleadings and the trial court can review it in deciding a motion to dismiss under rule 12b 6

assistant: The best answer is E. holding that when a complaints factual allegations are expressly linked and admittedly dependent upon a document the authenticity of which is not challenged that document effectively merges into the pleadings and the trial court can review it in deciding a motion to dismiss under rule 12b 6
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 inure to the benefit of and be binding upon the personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees, legatees and permitted assignees of the Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: operation of the truck in routine traffic. Additionally, the snow plow driver had to exercise judgment and discretion in deciding whether a particular street must be plowed or salted or both. Id. at 344. “When employing law enforcement officers, the Commonwealth’s interest and function is to protect the public safety.” Lake v. Mitchell, 77 Va. Cir. 14 (Prince George County 2008). However, “[djriving down a major roadway at excessive speeds to the scene of a non-emergency, where the preservation of human life is not a concern, is not integral to furthering this interest and function.” Id. (denying immunity to a police officer who was driving to a site of a suspected homicide where there was no evidence of an immediate threat to public safety); but see Colby v. Boyden, 241 Va. 125 (1991) (<HOLDING>). In this case, Defendant argues he is entitled Options: A. holding that police officers who engaged in a dangerous highspeed chase of a fleeing suspect were immune from suit B. holding fleeing police officers in a vehicle was a violent felony under the acca C. holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon D. holding that a fleeing suspect created a substantial risk of bodily injury to officers when he ran from officers and scaled a fence abutting the precipice of a canal in dim light E. holding a police officer who was pursuing a fleeing suspect was immune from his torts when he ran a red light and collided with plaintiffs vehicle

assistant: The best answer is E. holding a police officer who was pursuing a fleeing suspect was immune from his torts when he ran a red light and collided with plaintiffs vehicle
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 and its Subsidiaries own or possess the right to (through express agreement or implied right), all of the trademarks, service marks, trade names, copyrights, patents, patent rights, franchises, licenses, domain names, trade secrets, know-how and other intellectual property rights (collectively, “ IP Rights ”) that are possessed by it or which are used in the operation of their respective businesses, except as (i) specified in the SEC Reports and (ii) where the failure to own or possess the right to use any such IP Right or where any such conflict would not reasonably be expected to have a Material Adverse Effect. To the Actual Knowledge of the Borrower, no slogan, trademark, service mark or trade name now employed, or now contemplated to be employed by the Borrower or any Subsidiary, nor the conduct of their businesses, infringes upon any IP Rights held by any other Person, except (i) as specified in the SEC Reports and (ii) where such infringement would not reasonably be expected to have a Material Adverse Effect. Except as specified in the SEC Reports, no written claim or litigation regarding any of the foregoing in this Section 5.12 is pending or, to the knowledge of the Borrower, threatened in writing, which, either individually or in the aggregate, could 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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the Borrower may request the issuance of Letters of Credit as the applicant thereof for the support of its or its Subsidiaries’ obligations, in a form reasonably acceptable to the Administrative Agent and the applicable Issuing Lender, at any time and from time to time during the Revolving Credit Availability Period. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any Letter of Credit Agreement, the terms and conditions of this Agreement shall control. Notwithstanding anything herein to the contrary, the applicable Issuing Lender shall have no obligation hereunder to issue, and shall not issue, any Letter of Credit the proceeds of which would be made available to any Person (i) to fund any activity or business of or with any Sanctioned Person, or in any country or territory that, at the time of such funding, is the subject of any Sanctions, (ii) in any manner that would result in a violation of any Sanctions by any party to this Agreement or (iii) in any manner that would result in a violation of one or more policies of such Issuing Lender applicable to letters of credit generally.

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: There are no actions, suits or proceedings (whether or not purportedly on its behalf) pending or, to the best of its knowledge, threatened against or affecting it, by or before any Governmental Authority, that involve any of the transactions contemplated by the Credit Documents or the possibility of any judgment or liability that might reasonably be expected to result in any material adverse change in the financial condition of the Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Commitment Increase Agreement may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same agreement. Delivery to the Administrative Agent of a signed counterpart hereof, or signature page hereto, by facsimile or e-mail (in a .pdf or similar file) shall be effective as delivery of an original signed counterpart hereof or thereof.

assistant: Counterparts
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 the Chuangs, the relocation of their laboratory space unquestionably qualifies as an adverse employment action. Title VII provides that it is unlawful for an employer “to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment.” 42 Ü.S.C. § 2000e-2(a)(l). The Supreme Court has held that “this not only covers ‘terms’ and ‘conditions’ in the narrow sense, but ‘evinces a congressional intent to strike at the entire spectrum of disparate treatment ... in employment.’ ” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 78, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998) (quoting Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 64, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)). Cf. Ray v. Henderson, 217 F.3d 1234, 1243 (9th Cir.2000) (<HOLDING>). Here, the forcible relocation of the Chuangs’ Options: A. holding that for purposes of a title vii retaliation claim an action is cognizable as an adverse employment action if it is reasonably likely to deter employees from engaging in protected activity B. holding that a verbal threat of being fired is not an adverse employment action for purposes of title vii C. holding that a temporal link between protected activity and an adverse employment action may in some cases be sufficient to create an inference of retaliation D. holding that a plaintiff bringing a retaliation claim under title vii must establish a prima facie case of retaliation by showing that she engaged in a protected activity that she was subjected to an adverse employment action by her employer and that there was a causal link between the two E. holding that termination is an adverse employment action

assistant: The best answer is A. holding that for purposes of a title vii retaliation claim an action is cognizable as an adverse employment action if it is reasonably likely to deter employees from engaging in protected activity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement, or the application thereof, will for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH CREDIT PARTY, GUARANTOR AND LENDER EACH IRREVOCABLY WAIVES ITS RESPECTIVE RIGHT TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE OTHER LOAN DOCUMENTS, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY KIND BROUGHT BY ANY SUCH PERSON AGAINST ANOTHER, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE. EACH CREDIT PARTY, GUARANTOR AND LENDER EACH AGREES THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR THE OTHER LOAN DOCUMENTS OR ANY PROVISION HEREOF OR THEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, WHETHER OR NOT SPECIFICALLY SET FORTH THEREIN.

assistant: Waiver Of Jury Trials