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: Cir. 1974); Kerbs v. Fall River Industries, Inc., 502 F.2d 731 (10th Cir. 1974); Lawrence v. Securities and Exchange Commission, 398 F.2d 267 (1st Cir. 1968); Myzel v. Fields, 386 F.2d 718 (8th Cir. 1967), cert. denied, 390 U.S. 951, 88 S.Ct. 1043, 19 L.Ed.2d 1143 (1968); Harrison v. Equitable Life Assurance Society of United States, 435 F.Supp. 281 (W.D.Mich.1977); Starck v. Dewane, 364 F.Supp. 466 (N.D.Ill.1973); Nemitz v. Cunny, 221 F.Supp. 571 (N.D.Ill.1963), the Seventh Circuit has expressly declined to take a position on the question, Hidell v. International Diversified Investments, 520 F.2d 529, 536-37 n.15 (7th Cir. 1975). See also Arber v. Essex Wire Corp., 342 F.Supp. 1162, 1163-64 (N.D.Ohio 1971); Rosen v. Albern Color Research, Inc., 218 F.Supp. 473, 475-76 (E.D.Pa. 1963) (<HOLDING>). The absurdity of holding that the Options: A. holding that the hobbs act did not apply to the robbery of a computer company executive in his home even though the crime may have prevented him from getting to work or making busi ness calls because his only connection with interstate commerce was his employment by a business engaged in interstate commerce B. holding that local telephone calls are inadequate to satisfy jurisdictional requisite of interstate commerce C. holding that commerce clause authorizes congress to punish any particular criminal action even without proof of a relation to interstate commerce when the activity is part of a class of activities determined by congress to affect interstate commerce D. recognizing that the interstate nexus requirement is satisfied by proof of a probable or potential impact on interstate commerce E. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce

assistant: The best answer is B. holding that local telephone calls are inadequate to satisfy jurisdictional requisite of interstate commerce
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 murder of Captain Azote. It is perhaps true that Adekpe’s story might be more plausible if the letters had confirmed details of these events. (On the other hand, as Adekpe observes, it might be suspicious for a letter to without solicitation recount stories that are several years old and with which the recipient is more familiar than the writer.) But while the IJ was correct to conclude that the letters did not “specifically corroborate” Adekpe’s testimony in that way, she ignored a way in which the letters might make Adekpe’s story more plausible without specifically corroborating its details: by revealing that the situation in Togo after his departure is consistent with the situation he says existed prior to his departure. See Balogun v. Ashcroft, 374 F.3d 492, 507 (7th Cir.2004) (<HOLDING>). It is undisputed that Togo frequently Options: A. holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel B. holding that a class of all high school female athletes could not be certified even if the alleged conduct of the defendant school system was discriminatory when some female athletes did not share the same goals or interests as the named female plaintiffs because those unnamed female athletes were satisfied with andor benefitted from the alleged discriminatory treatment C. holding that a letter from an aliens mother stating that elders were asking when the alien would return to undergo female genital mutila tion corroborated the aliens story that she had been pressured to undergo female genital mutilation D. holding that the applicant was entitled to asylum based on her fear that her daughter will be forced to undergo female genital mutilation because her fear of being forced to witness the pain and suffering of her daughter is wellfounded E. holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation

assistant: The best answer is C. holding that a letter from an aliens mother stating that elders were asking when the alien would return to undergo female genital mutila tion corroborated the aliens story that she had been pressured to undergo female genital mutilation
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: rejecting a federal claim, later unexplained orders upholding that judgment or rejecting the same claim rest upon the same ground.” 501 U.S. 797, 803, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991). The Court explained that in the context of a summary affirmance, “silence implies consent”; appellate courts generally “affirm[] without further discussion when they agree, not when they disagree, with the reasons given below.” Id. at 804, 111 S.Ct. 2590. In short, “[t]he essence of unexplained orders is that they say nothing. We think that a presumption which gives them no effect— which simply ‘looks through’ them to the last reasoned decision — -most nearly reflects the role they are ordinarily intended to play.” Id.; see also Glock v. Singletary, 65 F.3d 878, 882 n. 4 (11th Cir.1995) (en banc) (<HOLDING>); Harmon v. Barton, 894 F.2d 1268, 1273 (11th Options: A. holding that court may address procedurally defaulted claim on the merits where it is more efficient to do so B. holding that the convention claim was procedurally defaulted C. holding that when a creditor files a proof of claim the bankruptcy court has core jurisdiction to determine that claim even if it was a prepetition contract claim arising under state law D. holding that we cannot avoid ruling on a claim a petitioner has procedurally defaulted if the government has waived the procedural default defense for that claim E. holding that when the last state court to consider the claim summarily denies relief we look to the last state court to address the claim to determine if it considered the claim procedurally defaulted

assistant: The best answer is E. holding that when the last state court to consider the claim summarily denies relief we look to the last state court to address the claim to determine if it considered the claim procedurally defaulted
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 broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of Purchaser or any of its Affiliates.

assistant: Brokers
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: and we were getting it on that basis. Record on Appeal, vol. 38, at 9-171 to 9-172; id. at 9-163 (quoted more extensively supra note 12): Q After Midco entered into this agreement with All Star and Mr. Palma, was there a change in Midco's ability to make sales to the Texas Pipe Bending Co? ****** Q Not to quibble with you, but if you had one sale before, a hundred percent increase would make it two sales. How big an increase was it? A Astronomical. 22 . The district court ordered this restitution pursuant to section 3651 of the Probation Act. 18 U.S.C. § 3651 (1985). While this section has been repealed, the Probation Act which predated the Sentencing Reform Act still applies to offenses committed before November 1, 1987. See United States v. Balboa, 893 F.2d 703, 706 (5th Cir.1990) (<HOLDING>). 23 . See also United States v. Campbell, 942 Options: A. holding that although probation statute was repealed by sentencing reform act old provision continued to apply to offenses which occurred before effective date of act nov 1 1987 B. holding that as a matter of law offenses that were committed prior to 1 october 1994 the effective date of the structured sentencing act cannot be consolidated for judgment under the act C. holding that neither the antiterrorism and effective death penalty act of 1996 nor the illegal immigration reform act of 1996 repealed the district courts jurisdiction to review aliens habeas petitions D. holding retroactive application of the act to prosecution that was pending before the effective date of the act was precluded because the act is prospective E. holding that habeas jurisdiction under 2241 was not repealed by the illegal immigration reform and immigrant responsibility act of 1996 iirira

assistant: The best answer is A. holding that although probation statute was repealed by sentencing reform act old provision continued to apply to offenses which occurred before effective date of act nov 1 1987
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 hours. See Carson v. Sim, 778 F.Supp.2d 85, 92-93 (D.D.C.2011) (dismissing unexhausted claims where plaintiff provided no evidence he attempted to exhaust administrative remedies). Indeed, plaintiffs only retaliation claim before the EEOC was that her manager had informed her that she and her sister could not work at the same Starbucks store. (See Charge of Discrimination at 1.) Plaintiffs alleged reduction in hours is not reasonably related to plaintiffs claims before the EEOC such that it would fall within the scope of “the administrative investigation that can reasonably be expected to follow” plaintiffs EEOC charge. See Park, 71 F.3d at 907 (internal quotation marks omitted); see also Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 114, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002) (<HOLDING>). Accordingly, the Court will dismiss Options: A. holding vague charge of discrimination in an internal letter or memorandum is insufficient to constitute opposition to an unlawful employment practice B. holding that the conduct complained of must be an unlawful employment practice under title vii C. holding that in the first amendment employment context harassing speech must constitute constructive adverse employment action to be actionable D. holding that each incident of discrimination and each retaliatory adverse employment decision constitutes a separate actionable unlawful employment practice for which an administrative charge must be filed E. holding in the context of a title yii claim that discrete acts such as termination or refusals to hire are separate retaliatory adverse employment decisions that each constitutes a separate actionable unlawful employment practice

assistant: The best answer is D. holding that each incident of discrimination and each retaliatory adverse employment decision constitutes a separate actionable unlawful employment practice for which an administrative charge must be filed
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: Id. (citing N.Y. Crim. Proc. Law § 250.10(2)). When notice is given under C.P.L. § 250.10(2), the prosecution may apply to the trial judge for an order directing the defendant to submit to an examination by a psychiatrist selected by the prosecution. N.Y. Crim. Proc. Law § 250.10(3). The purpose of the C.P.L. § 250.10 notice provision is to “prevent disadvantage to the prosecution as a result of surprise.” People v. Berk, 88 N.Y.2d 257, 263, 644 N.Y.S.2d 658, 661, 667 N.E.2d 308 (N.Y.1996) (quoting Ronson v. Commissioner of Correction, 463 F.Supp. 97, 103 (S.D.N.Y.1978), aff'd, 604 F.2d 176 (2d Cir.1979)). “Finally, preclusion may be an appropriate sanction when a defendant has deliberately failed to file notice until after the statutory period has run.” Ronson, 463 F.Supp. at 104 (<HOLDING>) and We do not find that Ronson deliberately Options: A. holding that a defendants insanity due to voluntary intoxication is not a defense B. holding that defense counsel was not constitutionally ineffective for presenting a diminished capacity defense as opposed to a defense of legal insanity C. holding that total preclusion unwarranted under the unusual circumstances of this case in which both sides experienced substantial delay in securing evidence with regard to an insanity defense a continuance would have provided the state with sufficient opportunity to obtain evidence to refute the defense D. holding that insanity is a complete defense to the criminal charge E. holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second

assistant: The best answer is C. holding that total preclusion unwarranted under the unusual circumstances of this case in which both sides experienced substantial delay in securing evidence with regard to an insanity defense a continuance would have provided the state with sufficient opportunity to obtain evidence to refute the defense
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 in Arteria H.’s best interest. Instead, Father asserts that his parental rights should not be terminated because DCS did not make reasonable efforts to place Arteria H. with a relative and because of ineffective assistance of counsel in the Juvenile Court proceeding. After reviewing his brief, it is clear to this Court that all of Father’s allegations of error involve the alleged lack of reasonable efforts on the part of DCS or errors which occurred during the dependency and neglect proceeding. However, the two grounds upon which Father’s parental rights were terminated, do not require reasonable efforts on the part of DCS or require a previous finding of dependency and neglect. See e.g., In re C.A.H., No. M2009-00769-COA-R3-PT, 2009 WL 5064953, at *4 (Tenn.Ct.App. Dec. 22, 2009)(<HOLDING>); In re G.L.T., No. M2008-00582-COA-R3-PT, 2008 Options: A. recognizing majoritys failure to address impact of mothers incarceration upon circuit courts decision to terminate her parental rights B. holding that dcs did not have to provide reasonable efforts when petitioning to terminate parental rights based upon the ground of abandonment C. holding in a termination of parental rights case that as a question of law the trial courts ruling that the facts of this case sufficiently support the termination ground of willful abandonment are reviewed de novo with no presumption of correctness D. recognizing the fundamental liberty interest a parent has in his or her child and concluding that the state must provide a parent with fundamentally fair procedures including a clear and convincing evidentiary standard when seeking to terminate parental rights E. holding that the obligation does not terminate upon death

assistant: The best answer is B. holding that dcs did not have to provide reasonable efforts when petitioning to terminate parental rights based upon the ground of abandonment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 1.1 “Confidential Information” refers to: 1.1.1 In respect of Information provided in documentary form or in other electronic form, Information which at the time of provision is marked or otherwise designated to show expressly or by necessary implication that is imparted in confidence; 1.1.2 In respect of Information that is imparted orally, any Information that the Discloser or its representatives informed the Recipient at the time of disclosure was imparted in confidence;

assistant: No
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: should be interpreted to mean that the mitigation must “fully offset” the adverse impacts created by IMC’s mining activities and that IMC did not establish that its proposed mitigation would fully offset the adverse impacts. This argument fails for two reasons. First, this court is not permitted to add words to a statute that were not placed there by the legislature. See Hayes v. State, 750 So.2d 1, 4 (Fla.1999) (“We are not at liberty to add words to statutes that were not placed there by the Legislature.”); see also Bay Holdings, Inc. v. 2000 Island Boulevard Condo. Ass’n, 895 So.2d 1197, 1197 (Fla. 3d DCA 2005). To do so would be an abrogation of legislative power. Donato v. Am. Tel. & Tel. Co., 767 So.2d 1146, 1150-51 (Fla.2000); Holly v. Auld, 450 So.2d 217, 219 (Fla.1984) (<HOLDING>) (emphasis omitted) (quoting Am. Bankers Life Options: A. holding that we are to apply the legislative intent underlying a statute and to construe the statute in such a way as to prevent absurdity B. holding that if the statutory terms are unambiguous a courts review ends and the statute is construed according to the plain meaning of its words C. recognizing that courts should not construe statutes in a way that leads to absurd results D. holding that courts are without power to construe an unambiguous statute in a way which would extend modify or limit its express terms E. recognizing court must enforce unambiguous contract according to its terms

assistant: The best answer is D. holding that courts are without power to construe an unambiguous statute in a way which would extend modify or limit its express 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: narrows the commissioners’ constitutionally granted discretion to nominate no more than the three candidates whom they determine best meet the constitutionally mandated selection criteria. See supra ¶ 2. Further, H.B. 2600 imposes a two-thirds voting requirement in a context not authorized by the constitution. Cf. Ariz. Const, art. 6, § 36(D) (requiring a two-thirds vote for the Commission to hold an executive session). Even if the change were “merely procedural,” the legislature has no authority to statutorily mandate procedures inconsistent with Arizona’s Constitution. Turley, 27 Ariz.App. at 350, 554 P.2d at 1293; cf. Ariz. Const, art. 6, § 36(E) (authorizing the Supreme Court to adopt rules of procedure for the Commission); Unif. R.P. Comm’ns on App. and Trial Ct. Appointments 5(f) (<HOLDING>). ¶ 17 When a state statute conflicts with Options: A. recognizing distinction made by majority B. recognizing that com missions may act by majority vote on any matter other than decision to meet in executive session C. holding that council discussion in executive session of whether to appeal did not violate the open meeting law given that ultimate decision to adopt ordinance to meet the objections of trial court was made in public D. recognizing as a matter of law executive privilege for governor E. recognizing the majority rule

assistant: The best answer is B. recognizing that com missions may act by majority vote on any matter other than decision to meet in executive session
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: finding that section 1320a-7 was constitutional as applied to Manocchio. Specifically, the district court found that section 1320a-7 was not punitive, but rather remedial, and.therefore did not violate either the Double Jeopardy Clause or the Ex Post Facto Clause. II. ' ISSUE Whether 42 U.S.C. § 1320a-7, a mandatory exclusionary provision, is punitive in nature and violates the Double Jeopardy and Ex Post Facto Clauses of the United States Constitution. III. DISCUSSION The threshold determination this court must make is whether 42 U.S.C. § 1320a-7 is punitive in nature and effect because both the Double Jeopardy Clause and the Ex Post Facto Clause apply only to punitive sanctions. See United States v. Halper, 490 U.S. 435, 448-49, 109 S.Ct. 1892, 1901-02, 104 L.Ed.2d 487 (1989) (<HOLDING>); Flemming v. Nestor, 363 U.S. 603, 613, 80 Options: A. holding that civil forfeitures are neither punishment nor criminal for purposes of the double jeopardy clause B. holding that the due process clause is violated if the prosecution fails to disclose material evidence that is favorable to a criminal defendant C. holding that double jeopardy clause is violated when a defendant punished in a criminal prosecution is penalized by a subsequent punitive civil sanction D. holding double jeopardy clause applicable to civil penalties under the false claims act E. holding that if double jeopardy clause is not violated because legislature intended double punishment section 7019 is not applicable and merger is not required

assistant: The best answer is C. holding that double jeopardy clause is violated when a defendant punished in a criminal prosecution is penalized by a subsequent punitive civil sanction
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: Neither this Guaranty nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

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: None of the proceeds of any of the Loans or Letters of Credit will be used, directly or indirectly, for “purchasing” or “carrying” any “margin stock” within the respective meanings of each of such terms under Regulation U or for any purpose that violates the provisions of Regulation T, Regulation U or Regulation X. Neither the Borrower nor any of its Subsidiaries is engaged principally, or as one of its important activities, in the business of extending credit for the purpose of purchasing or carrying “margin stock”. The Borrower will use the Revolving Loans for working capital, capital expenditures, dividends, distributions and Permitted Acquisitions not prohibited by this Agreement, for other general corporate purposes of the Borrower and its Subsidiaries and for any other purpose not prohibited by this Agreement. The Borrower will use the proceeds of any Term Loans for the purposes set forth in any Incremental Commitment Joinder or Refinancing Amendment.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand that academia.edu does not screen or inquire into the background of any users of the site or services , nor does academia.edu make any attempt to verify the statements of users of the site or services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of Buyer or any affiliate of Buyer.

assistant: Brokers
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: concluded that Fair “did not possess the background experience and foundational qualifications required to serve in the fiduciary role of a liquidating trustee,” but that there was “no evidence of misappropriation of funds” (D.E. 1044). This is not a situation where a trustee has misappropriated or embezzled funds for his own pecuniary gain. Simply stated, any of Fair’s actions that are complained of by NOB were mistakes in judgment due to his inexperience and/or instances where he relied upon advice of counsel. E. Damages It is a basic legal precept that to recover damages in law, a plaintiff must demonstrate that damages have been sustained. Bell v. Allstate Ins. Co., No. 02-6789, 2003 WL 21246394, *2 (Fla.Cir.Ct Mar.4, 2008); Heard v. Mathis, 344 So.2d 651, 655 (Fla. 1st DCA 1977) (<HOLDING>). Count I of NOB’s Complaint seeks damages Options: A. holding that the right to nominal damages was waived in a breach of duty action when plaintiff failed to raise the issue of nominal damages until after the verdict B. holding that to establish tort liability in a negligence action there must be a legal duty on the part of the defendant to plaintiff C. holding that the essential elements of any cause of action are the existence of a legal right in plaintiff with a corresponding duty in defendant coupled with a violation of that duty which results in injury or damages to the plaintiff D. holding there was no evidence to support the existence of any alleged fiduciary duty E. holding that a federal cause of action accrues when the plaintiff is aware or should be aware of the existence of and source of the injury not when the potential claimant knows or should know that the injury constitutes a legal wrong

assistant: The best answer is C. holding that the essential elements of any cause of action are the existence of a legal right in plaintiff with a corresponding duty in defendant coupled with a violation of that duty which results in injury or damages to the plaintiff
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 court or it is wrenched from a reluctant defendant by threatening him with drastic consequences that the state may not lawfully impose. See Brady v. United States, 397 U.S. 742, 748, 90 S.Ct. 1463, 1468, 25 L.Ed.2d 747 (1970) (noting that the defendant must be made aware “of the relevant circumstances and likely consequences” of a waiver in order to qualify as an intelligent — and hence valid — waiver of his constitutional rights); see also Cuffle, 906 F.2d at 392 (“A state denies a defendant due process of law by inducing him to waive constitutional rights by threats of consequences that the state cannot legally bring about.”). A misinformed consent is not an informed consent: the same is true of a waiver. Cf. United States v. Ochel-tre.e, 622 F.2d 992, 994 (9th Cir.1980) (<HOLDING>). The question whether a waiver of a federal Options: A. holding waiver to search invalid when individual was implicitly threatened with illegal detention if he did not consent B. holding consent invalid where defendant signed consent form while undergoing custodial interrogation and only after he had been impliedly threatened that his girlfriend would be arrested if he did not sign C. holding that consent to search did not purge the taint of an unlawful detention when no intervening circumstances sufficiently separated the consent from the unlawful detention D. holding consent invalid where defendant threatened by officer that everyone in the house would go to jail if he did not sign consent form E. holding consent not voluntary where police threatened to arrest defendants girlfriend if he refused to sign consent form

assistant: The best answer is A. holding waiver to search invalid when individual was implicitly threatened with illegal detention if he did not consent
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 offer letter, the Employee Confidentiality, Non-Compete and Inventions Assignment Agreement and the agreement(s) representing stock options granted to you, if any, under the Plan, when signed by you, set forth the terms of your employment with the Company and supersede any and all prior representations and agreements, whether written or oral.

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: Confidential Information shall mean the following: c) the fact that the Disclosee (or any of their Representatives) are or have been involved in the analysis of, in meetings or negotiations related to the Sale, the contents, time and status of such negotiations, and generally any fact concerning the Sale.

assistant: No
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: court to conduct FAA analysis, the panel in Wedding affirmed the lower court without any further instruction. Since the Wedding footnote amounted to dicta that was not essential to the judgment in that case and (hat cannot bind this Court, see Marlene Indus. Corp. v. NLRB, 712 F.2d 1011, 1016 (6th Cir.1983), I believe Asplundh remains the law of this Court regarding the proper interpretation of § 1 of the FAA. 11 . Courts faced with similar factual scenarios have declined to exclude employment contracts under § 1 of the FAA. See, e.g., Rojas v. TIC Communications, Inc., 87 F.3d 745, 748 (5th Cir.1996) (following Asplundh and holding that § 1 did not exclude the employment contract of a disc jockey at a radio station); Powers v. Fox Television Stations, 923 F.Supp. 21, 24 (S.D.N.Y.1996) Options: A. holding that personal injury exception should be construed narrowly so as not to include torts without physical injury B. holding that the definition of customer under sipa should be construed narrowly C. holding that 1 narrowly construed did not exclude employment contract of television news reporter D. holding that general categorical release clauses are narrowly construed E. holding that television stations failure to claim liquidated damages under its contract with television ratings service did not preclude it from later amending its complaint to claim such relief

assistant: The best answer is C. holding that 1 narrowly construed did not exclude employment contract of television news reporter
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: restrict , discourage , or inhibit any person from using the service , disclose personal information about a third person on the service or obtained from the service without the consent of that person , or collect information about users of the service ;

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: Options which have not become vested as of the date the Optionee’s Employment terminates shall immediately be forfeited on such date, and the Optionee shall have no further rights with respect thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications to be given or to otherwise be made to any party to this Agreement shall be deemed to be sufficient if contained in a written instrument delivered in person or duly sent by certified mail or by a recognized national courier service, postage or charges prepaid, (a) to Scientific Games Corporation, Attn: Legal Department, 6601 Bermuda Rd., Las Vegas, NV 89119, (b) to Employee, at the last address shown in the Company’s records, or (c) to such other replacement address as may be designated in writing by the addressee to the addressor.

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: The Eighth Circuit, in U.S. v. ■ Ferro, concluded that all other circuits which have considered the issue have specifically held that the statute is mandatory. United States v. Ferro, 321 F.3d 756, 761 (8th Cir.2003)(finding that involuntary hospitalization was mandatory where district court had determined that defendant was incompetent); id. at 761 (“[U]pon our own reading of the statute, we conclude that after determining that a defendant is incompetent to stand trial, a district court is required to commit the defendant to the custody of the Attorney General for a reasonable period of time to evaluate whether treatment would allow the trial to proceed.”). See United States v. Filippi, 211 F.3d 649, 651 (1st Cir.2000); United States v. Donofrio, 896 F.2d 1301, 1302 (11th Cir.1990)(<HOLDING>); United States v. Azure, 279 F.Supp.2d 1093, Options: A. holding the statutory burden is on the defendant to prove he is incompetent to stand trial B. holding waiver of right to counsel at sentencing not voluntary when trial court tried to dissuade discharge of counsel defendant believed incompetent for the waiver to be voluntary the trial court must inquire into the reasons for the defendants dissatisfaction with his counsel to ensure that the defendant is not exercising a choice between incompetent or unprepared counsel and appearing pro se C. holding that the statute is mandatory and that once the district court found that the defendant was incompetent to stand trial it did not have authority to circumvent his commitment to the custody of the united states attorney general for hospitalization until it could be determined whether probability existed that the defendant would regain capacity to be tried D. holding that it would be improper for a united states district attorney to prosecute a defendant using information the prosecutor had obtained while acting as the accuseds private attorney E. holding that if the attorney general issues a scope certificate the action must be removed to federal court and the united states must be substituted as the party defendant by the plain language of 28 usc 2679d2 no discretion is given to the district court

assistant: The best answer is C. holding that the statute is mandatory and that once the district court found that the defendant was incompetent to stand trial it did not have authority to circumvent his commitment to the custody of the united states attorney general for hospitalization until it could be determined whether probability existed that the defendant would regain capacity to be tried
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: LaF-rance Holdings ("LaFrance”) and SAJ Distributors ("SAJ”) as well, LaFrance and SAJ recently submitted a notice of voluntary dismissal. (Docket No. 60.) 2 . The Court notes that Direct Purchaser Plaintiff's complaint may suffer from another defect. Direct Purchaser Plaintiff does not dispute that neither Alza nor Johnson & Johnson sold Ditropan XL during the class period. Rather, its antitrust claim against these defendants is premised on the sales by Ortho-McNeil. In response to the Court's concern regarding the validity of a direct purchaser action that fails to name the direct seller, Direct Purchaser Plaintiff cited to Illinois Brick Co. v. Illinois, 431 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977), Royal Printing Co. v. Kimberly-Clark Corp., 621 F.2d 323, 326 (9th Cir.1980) (<HOLDING>), and In re Coordinated Pretrial Proceedings in Options: A. holding that scottrpontzer suit was not a direct action B. holding that even if indirect purchasers are barred from seeking damages relief they may still obtain injunctive relief C. holding that illinois brick does not bar an indirect purchasers suit where the direct purchaser is a division or subsidiary of a coconspirator D. holding that eleventh amendment does not bar federal suit against state official for prospective injunctive relief E. holding a suit against an agency of the state is a suit against the state

assistant: The best answer is C. holding that illinois brick does not bar an indirect purchasers suit where the direct purchaser is a division or subsidiary of a coconspirator
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: Clause, the Supreme Court has explained that it “think[s] it fair to say from a review of the cases cited dealing with the term ‘donation,’ as found in this proviso of the Constitution, that the word has been applied, in its ordinary sense and meaning, as a ‘gift,’ an allocation or appropriation of something of value, without consideration to a ‘person, association or public or private corporation.’ ” Village of Deming v. Hosdreg Co., 62 N.M. 18, 28, 303 P.2d 920, 926-27 (1956). The Supreme Court of New Mexico has stricken transactions under the Anti-Donation Clause in circumstances involving an outright gift of money or property to a private entity with no exchange of adequate consideration. See Chronis v. State ex rel. Rodriguez, 100 N.M. 342, 348, 670 P.2d 953, 959 (1983)(<HOLDING>); State ex rel. Mechem v. Hannah, 63 N.M. 110, Options: A. holding that even though labeled a tax on conducting retail liquor business challenged statute was nevertheless a penalty designed to punish the violation of state liquor laws B. holding that legislative diminishment of tax obligation constituted an unconstitutional subsidy to the liquor industry in violation of the antidonation clause C. holding inter alia that a creditor may take a security interest in a licensees liquor license D. holding that a tax credit to liquor licensees against taxes owed to the state was an unconstitutional subsidy of the liquor industry E. holding place as used in statute defining liquor nuisance was not limited to a particular building but included entire area where illicit liquor business was conducted

assistant: The best answer is D. holding that a tax credit to liquor licensees against taxes owed to the state was an unconstitutional subsidy of the liquor industry
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Law We have already determined that the activity causing Kenneth’s injury and death is significantly related to traditional maritime activity — commercial and/or pleasure boating in navigable waters — and that admiralty jurisdiction is appropriate in the present case. It is well established that maritime law applies in “those cases where the subject matter of the controversy bears the type of significant relationship to traditional maritime activities necessary to invoke admiralty jurisdiction.” Laredo Offshore Constructors, Inc. v. Hunt Oil Co., 754 F.2d 1223, 1231 (5th Cir.1985) (relying upon Kossick v. United Fruit Co., 365 U.S. 731, 736-38, 81 S.Ct. 886, 890-92, 6 L.Ed.2d 56, (1961)); see Watson on Behalf of Watson v. Massman Const. Co., 850 F.2d 219, 220-21 (5th Cir.1988) (<HOLDING>). “With admiralty jurisdiction comes the Options: A. holding that admiralty jurisdiction extends to maritime insurance contracts B. holding that wrongful death actions asserted under admiralty jurisdiction lie under general maritime law for death caused by violation of maritime duties and are not limited to standards of liability created by state law C. holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions D. holding that admiralty jurisdiction applies to a tort dispute if either the in jured party or the alleged tortfeasor is a traditional maritime actor or at least if either of those parties is performing a traditional maritime activity E. holding that the general rule of maritime law that parties bear their own costs coupled with the need for uniformity in federal maritime law precludes the application of state attorneys fee statutes such as texas civ prac remcode 38001 to maritime contract disputes

assistant: The best answer is D. holding that admiralty jurisdiction applies to a tort dispute if either the in jured party or the alleged tortfeasor is a traditional maritime actor or at least if either of those parties is performing a traditional maritime 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: The Administrative Agent may at any time resign as Administrative Agent upon thirty (30) days’ notice to the Lenders, the L/C Issuer and the Borrower. Upon receipt of any such notice of resignation, the Required Lenders shall have the right, in consultation with the Borrower, to appoint a successor, which shall be a bank with an office in the United States, or an Affiliate of any such bank with an office in the United States. If no such successor shall have been so appointed by the Required Lenders and shall have accepted such appointment prior to the effective date of the resignation of the Administrative Agent gives (the “ Resignation Effective Date ”), then the retiring Administrative Agent may (but shall not be obligated to) on behalf of the Lenders and the L/C Issuer, appoint a successor Administrative Agent meeting the qualifications set forth above; provided that if the Administrative Agent shall notify the Borrower and the Lenders that no qualifying Person has accepted such appointment, then such resignation shall nonetheless become effective.

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 legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require the Company or any of its Subsidiaries to obtain or make any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except (i) such as have been obtained or made and are in full force and effect, (ii) for filings necessary to perfect Liens created pursuant to the Loan Documents and (iii) consents, approvals, registrations, filings or actions the failure of which to obtain or perform could not reasonably be expected to result in a Material Adverse Effect, (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents of the Company or any of its Subsidiaries or any order of any Governmental Authority applicable to the Company or any of its Subsidiaries, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Company or any of its Subsidiaries or its assets, or give rise to a right thereunder to require any payment to be made by the Company or any of its Subsidiaries except for violations, defaults or the creation of such rights (other than in connection with the 2022 Senior Notes) that could not reasonably be expected to result in a Material Adverse Effect, and (d) will not result in the creation or imposition of, or the requirement to create any Lien on any asset of the Company or any of its Subsidiaries, other than Liens created under the Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has, and has caused all of its Subsidiaries to have, (a) all insurance policies sufficient for the compliance by each of them with all material Governmental Requirements and all material agreements and (b) insurance coverage in at least amounts and against such risk (including, without limitation, public liability) that are usually insured against by companies similarly situated and engaged in the same or a similar business for the assets and operations of the Borrower and its Subsidiaries. The Administrative Agent and the Lenders have been named as additional insureds in respect of such liability insurance policies and the Administrative Agent has been named as lender loss payee with respect to Property loss insurance.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: yahoo and its licensors shall not be responsible or liable for the accuracy , usefulness or availability of any information transmitted or made available via the yahoo services , and shall not be responsible or liable for any trading or investment decisions based on such information .

assistant: None