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 legal provision and list the applicable contract clause categories. Provision: The Buyer shall have the right to approve before issuance any press release, SEC filing or any other public disclosure made by or on behalf of the Company whatsoever with respect to, in any manner, the Buyer, its purchases hereunder or any aspect of this Agreement or the transactions contemplated hereby; provided, however, that the Company shall be entitled, without the prior approval of the Buyer, to make any press release or other public disclosure (including any filings with the SEC) with respect to such transactions as is required by applicable law and regulations so long as the Company and its counsel consult with the Buyer in connection with any such press release or other public disclosure at least two (2) Business Days prior to its release. The Buyer must be provided with a copy thereof at least one (1) Business Day prior to any release or use by the Company thereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the service , including all images , audio files and other content therein , and any other information , property and rights granted or provided to you by duolingo are provided to you on an `` as is '' basis .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the posting of any objectionable content may subject you to third party claims and none of the rights granted to you in this eula may be raised as a defense against any third party claims arising from your posting of objectionable content .

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: Each Issuing Bank agrees that it shall not permit any issuance, amendment, renewal or extension of a Letter of Credit to occur unless it shall have given to the Administrative Agent written notice thereof required under paragraph (m) of this Section.

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: appellant as a career offender given his pattern of committing property crimes. DECISION Instructing the jury that “you do not have a reasonable doubt if your doubt is based upon speculation * * * ” diluted the standard of proof beyond a reasonable doubt, violating appellant’s right to due process, and requiring a new trial. Reversed and remanded. 1 . Appellant testified that he saw “chips on the floor. I know what that kind of crime was * * The reference is to pieces of the steering column that had been broken to facilitate starting the car without a key. 2 . The district court appropriately recognized that appellant could only be convicted of one of the crimes charged because the facts used to prove each crime were identical. See State v. Banks, 358 N.W.2d 133, 135 (Minn.App. 1984) Options: A. holding that a defendant may be convicted of theft twice on the basis of intentional possession at one time of stolen property if the property forming the basis of the one conviction was stolen at different times and places from different owners than the property forming the basis of the second conviction B. holding that a conviction for receiving stolen property based on possession must be vacated because it involved the same act constituting theft based on retaining property C. holding receiving stolen property is per se dishonest D. holding proof of possession of stolen goods is sufficient evidence to sustain conviction for theft E. holding that the trial court may not depart downward based on the quantity of money stolen in a theft case based on the reasoning in atwaters

assistant: The best answer is B. holding that a conviction for receiving stolen property based on possession must be vacated because it involved the same act constituting theft based on retaining property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: discharged, they would have no need to engage in such activities. Id. at 34-35. Further, this conclusion is consistent with our case law. See David v. Caterpillar, Inc., 324 F.3d 851, 866 (7th Cir.2003) (rejecting the argument that the plaintiffs back pay award should be reduced to take into account a term of voluntary educational leave and holding that, had the plaintiff been properly promoted, “she would not have taken the educational leave”). Additionally, even if the defendants’ view of the evidence was a legitimate interpretation of the underlying events, we cannot conclude that the district court’s finding — that the plaintiffs’ efforts to find alternative work were reasonable — is clearly erroneous. Cf. Kasper v. St. Mary of Nazareth Hosp., 135 F.3d 1170, 1176 (7th Cir.1998) (<HOLDING>). b. calculation of lost wages Riverboat also Options: A. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it B. holding that testimony concerning whether employee failed to mitigate damages is a question of credibility and deferring to jurys assessment of whether or not to believe him C. holding jury as judge of credibility may believe all some or none of the testimony D. holding that under the mwa the question of whether an employee was an independent contractor or an employee was a question of statutory interpretation E. holding jury is sole judge of witness credibility and may believe some witnesses and refuse to believe others

assistant: The best answer is B. holding that testimony concerning whether employee failed to mitigate damages is a question of credibility and deferring to jurys assessment of whether or not to believe 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: Other than consummating the transactions contemplated hereunder, such Purchaser has not directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a formal offer from Palladium Capital Advisors LLC describing the Offering including the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to the identification of the availability of, or securing of, available shares to borrow in order to effect Short Sales or similar transactions after the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: case. Ramirez-Burgos, 313 F.3d at 29. We had previously affirmed Ramirez’s convictions, vacated his sentence, and remanded to the district court for resentencing. Id. at 27. After Ramirez was resentenced and one day after he filed his reply brief in his second appeal, the Supreme Court decided Jones. Id. at 28. Citing Griffith, we held that Ramirez could bring a new claim of jury-instruction error under Jones because Ramirez’s case was still on direct appeal at the time Jones was decided. Id. at 29 (citing Griffith, 479 U.S. at 328, 107 S.Ct. 708). See also Berman v. United States, 302 U.S. 211, 212, 58 S.Ct. 164, 82 L.Ed. 204 (1937) (“Final judgment in a criminal casé means sentence. The sentence is the judgment.”); United States v. Dodson, 291 F.3d 268, 275-76 (4th Cir.2002) (<HOLDING>). Alleyne was decided in 2013 after we had Options: A. holding resentencing does not affect the date on which the judgment of conviction became final B. holding that severance was not required when a defendant was charged with five counts of forcible rape two counts of felonious restraint three counts of kidnapping two counts of armed criminal action two counts of forcible sodomy one count of second degree assault one count of first degree robbery and one count of stealing C. holding that the double jeopardy clause did not bar resentencing on counts that were affirmed on appeal when a sentence of imprisonment on another count was vacated D. holding that on direct appeal appellate court may remand for resentencing of all counts E. holding that where court of appeals affirms convictions but vacates sentence and remands for resentencing on any count judgment of conviction is not final as to all counts

assistant: The best answer is E. holding that where court of appeals affirms convictions but vacates sentence and remands for resentencing on any count judgment of conviction is not final as to all counts
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 by continuing to approve USAA's rates after DeHerrera, the Insurance Commissioner has found that the premiums charged for such additional coverage were not excessive. Thus, this damage theory would involve judicial second-guessing of the approved insurance rates, which the doctrine's nonjusticiability rationale forbids. See McCray v. Fid. Nat'l Title Ins. Co., 682 F.3d 229, 242 (8d Cir.2012). 184 Plaintiffs' assertion of this damage theory based on an underlying claim of consumer fraud does not change the foregoing analysis because "[tlhere is no fraud exception to the filed rate doctrine." AT & T Corp. v. JMC Telecom, LLC, 470 F.3d 525, 535 (3d Cir.2006); see also Horwitz ex rel. Gilbert v. Bankers Life & Cas. Co., 319 Ill.App.3d 890, 253 Ill.Dec. 468, 745 N.E.2d 591, 605 (2001) (<HOLDING>) (applying Colorado law); Richardson, 853 A.2d Options: A. recognizing private right of action B. holding that the filed rate doctrine barred private right of action for consumer fraud C. holding that the filed rate doctrine barred request for damages but did not preclude request for injunction and civil penalties D. holding that the respondents statelaw claims are barred by the filed rate doctrine E. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine

assistant: The best answer is B. holding that the filed rate doctrine barred private right of action for consumer fraud
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: not object to proceeding pro se or inform the court that he had not been able to obtain counsel. Moreover, the day after the contempt hearing concluded, he had retained counsel who moved the court for his release pending appeal. We conclude that this conduct, taken as a whole, demonstrates that Mr. Montoya voluntarily chose to proceed with the hearing without counsel. In determining whether Mr. Montoya’s waiver of counsel was knowing and intelligent, “we look to the record and the entire circumstances of the case, including the defendant’s age and education, the defendant’s previous experience with criminal trials, and the defendant’s background, experience, and conduct.” Taylor, 113 F.3d at 1140; see also Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975) (<HOLDING>) (quotation omitted). We have stated that Options: A. 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 B. holding that waiver of counsel during pcr review requires a judicial inquiry into whether defendant knowingly and intelligently waived his right to counsel C. holding that waiver of counsel may be valid absent an inquiry by the court where the surrounding facts and circumstances including the defendants background and conduct demonstrate that he actually understood his right to counsel and the difficulties of pro se representation and knowingly and intelligently waived his right internal quotation marks omitted D. holding that in order for a waiver of counsel to be valid the trial court must ensure that the defendants waiver of his right to counsel is done knowingly and intelligently so that the record establishes that the defendants choice is made with eyes open E. holding that the prior conviction was valid for calculation of the defendants criminal history because his waiver of the right to counsel was valid

assistant: The best answer is D. holding that in order for a waiver of counsel to be valid the trial court must ensure that the defendants waiver of his right to counsel is done knowingly and intelligently so that the record establishes that the defendants choice is made with eyes open
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: do not constitute an adverse employment action. Id. at 1243. Further, harassment by coworkers may form the basis of a retaliation claim. • Id. at 1245. When adverse employment actions are taken within a reasonable amount of time after complaints of discrimination have been made, retaliatory intent may be inferred. Passantino v. Johnson & Johnson Consumer Prods., Inc., 212 F.3d 493, 507 (9th Cir.2000). However, to invoke temporal proximity as a sole basis for asserting retaliation, the timing between the protected activity and the adverse employment action must be very close, such as in several days, not several months. Clark County School Dist. v. Breeden, 532 U.S. 268, 273-74, 121 S.Ct. 1508, 149 L.Ed.2d 509 (2001); see also Yartzoff v. Thomas, 809 F.2d 1371, 1376 (9th Cir.1987) (<HOLDING>); Miller v. Fairchild Indus., Inc., 797 F.2d Options: A. holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation B. holding that sufficient evidence of causation existed where adverse employment action occurred less than three months after protected activity C. holding that adverse employment activity that occurred 10 months and 17 months after protected activity was insufficient on its own to create a reasonable inference of causation D. holding that three and onehalf months between the filing of an eeoc charge and the adverse employment action was insufficient by itself to establish causation E. holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity

assistant: The best answer is B. holding that sufficient evidence of causation existed where adverse employment action occurred less than three months after 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 case excerpt and choose the best holding from the options. Case excerpt: More generally, “[w]hen specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more persuasive.” Lands Council, 537 F.3d at 1000 (quoting Marsh v. Oregon Natural Res. Council, 490 U.S. 360, 378, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989)). 27. Mere uncertainty, or the fact that evidence may be “weak,” is not fatal to an agency decision. Greenpeace Action v. Franklin, 14 F.3d 1324, 1337 (9th Cir.1992) (upholding biological opinion, despite uncertainty about the effectiveness of management measures, because decision was based on a reasonable evaluation of all available data); Nat’l Wildlife Fed’n v. Babbitt, 128 F.Supp.2d 1274, 1300 (E.D.Cal.2000) (<HOLDING>). 28. The deference afforded under the best Options: A. holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted B. holding that the most reasonable reading of the best scientific data available standard is that it permits the fws to take action based on imperfect data so long as the data is the best available C. holding that cooperation between parents is essential if the arrangement is to be in the best interests of the child D. holding that when information which potentially undermines the best interest of the child as well as the interest sought to be protected by the legitimation statutes and the policy of this state it must first be tested in light of the best interest of the child standard E. holding the best interest of the child standard does not violate federal constitutional principles

assistant: The best answer is B. holding that the most reasonable reading of the best scientific data available standard is that it permits the fws to take action based on imperfect data so long as the data is the best available
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 the IJ’s finding that Galdamez was not persecuted “on account” of his membership in this group is not supported by substantial evidence. The government contends that we should deny the petition for review and affirm the denial of asylum on the ground that the group to which Galdamez belongs is not a “particular social group” within the meaning of the Immigration and Nationality Act. However, neither the IJ nor the BIA decided whether the group of which Galdamez claims to be a member — “young Honduran men who have been actively recruited by gangs and who have refused to join the gangs” — is a “particular social group” within the meaning of the Act. We decline to decide this question in the first instance. See Gonzales v. Thomas, 547 U.S. 183, 126 S.Ct. 1613, 164 L.Ed.2d 358 (2006) (<HOLDING>). The IJ denied Galda-mez’s application for Options: A. holding that court of appeals erred by deeming a finding in support of the verdict instead of the trial courts final judgment B. holding that the court of appeals is without jurisdiction to consider points not squarely raised before the bia C. holding that court of appeals erred by holding in the first instance that members of a family are a particular social group without prior resolution of this issue by the bia D. holding that appellate court erred by reaching question of changed country conditions where neither bia nor ij had been given a chance to address it in the first instance E. holding that this court must remand to the bia to allow it to address in the first instance an issue that it has not yet considered

assistant: The best answer is C. holding that court of appeals erred by holding in the first instance that members of a family are a particular social group without prior resolution of this issue by the bia
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: Other than providing the compensation and benefits provided for in accordance with this Section 4, the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and representatives shall have no further obligation or liability to Executive or any other person under this Agreement. The payment of any amounts pursuant to this Section 4 (other than payments required by law) is expressly conditioned upon (i) the delivery by Executive to the Company of a release in form and substance reasonably satisfactory to the Company of any and all claims Executive may have against the Company and its directors, officers, employees, subsidiaries, affiliates, stockholders, successors, assigns, agents and representatives arising out of or related to Executive’s employment by the Company and the termination of such employment and (ii) Executive not revoking such release within seven days of his delivery of the release. The Company shall provide Executive with the proposed form of such release no later than seven (7) days following the date of termination, and Executive shall execute such release no later than fifty-two (52) days after the date of termination.

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 case excerpt and choose the best holding from the options. Case excerpt: that Dr. Haberer’s qualifications to assess causation may be established by the facts that Reglan’s manufacturer disclosed tardive dyskinesia as a known complication and that the report details that three physicians diagnosed her with dyskinesia related to her Reglan use. Courts have held that in addressing causation, a reporting physician may rely on the opinions of other individuals who have rendered reports or diagnoses. See Kelly v. Rendon, 255 S.W.3d 665, 676 (Tex.App.Houston [14th Dist.] 2008, no pet.) (noting that “nothing in the health care liability statute prohibits an otherwise qualified physician from relying on [another opinion] in the formation of the physician’s own opinion”); Cresthaven Nursing Residence v. Freeman, 134 S.W.3d 214, 234 (Tex.App.-Amarillo 2003, no pet.) (<HOLDING>); see also Tex.R. Evid. 703 (stating that an Options: A. holding physician in action based on illegal cavity search to standard of a reasonable physician B. holding that a testifying physician properly relied in part on the opinions of other doctors in establishing causation C. recognizing it is common and reasonable for doctors to examine medical records and arrive at professional opinions D. holding that the evidence relied on by the insurer need not include the opinion of an examining physician E. holding that the alj properly relied on the assessments of a nonexamining physician and not claimants treating physicians in determining the rfc at step four

assistant: The best answer is B. holding that a testifying physician properly relied in part on the opinions of other doctors in establishing causation
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: ( h ) we reserve the right , in our sole discretion , to discontinue the provision of your electronic communications , or to terminate or change the terms and conditions on which we provide electronic communications .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: subpoena, but that it was necessary to do so on a document-by-document basis. Order on Mot. for Summ. J. at 2-4. Now the Committee contends that the documents that survived that review are not covered by the deliberative process privilege because the privilege only applies to deliberations concerning the development of policy. See PL’s Mem. for Mot. to Compel at 26-27 (asserting that the privilege allows “agency decisionmakers to engage in that frank exchange of opinions and recommendations necessary to the formulation of pol . U.S. Dep’t of Labor, 478 F.Supp.2d 77, 83 (D.D.C.2007) (finding that deliberative process privilege covered email messages discussing the agency’s response to news article); Judicial Watch, Inc. v. Reno, No. 00-0723, 2001 WL 1902811 (D.D.C. Mar. 30, 2001), at *3 (<HOLDING>). Following the same reasoning, the Court holds Options: A. holding that internal emails about how to present an agency decision to the public were covered by the deliberative process privilege B. holding that deliberations about how to handle press inquiries and other public relations issues are covered by exemption 5 under foia C. holding that a foia request should be read to seek all documents covered by a catchall D. holding that documents concerning how to respond to ongoing inquiries from the press and congress about the entry of a government witness and mexican national into the united states fell under the deliberative process privilege E. holding that the government cannot waive foia exemption 6 on behalf of the individual whose privacy interests the exemption protects

assistant: The best answer is B. holding that deliberations about how to handle press inquiries and other public relations issues are covered by exemption 5 under foia
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, neither (a) the Information Memorandum nor (b) any of the other reports, financial statements, certificates or other written information furnished by or on behalf of any Loan Party to any Administrative Agent or any Lender in connection with the negotiation of any Loan Document or delivered thereunder (as modified or supplemented by other information so furnished) when taken as a whole contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading, provided that, with respect to projected financial information, Holdings, the Company and the Borrowers represent only that such information was prepared in good faith based upon assumptions believed by them to be reasonable at the time delivered and, if such projected financial information was delivered prior to the Effective Date, as of the Effective Date, it being understood that any such projected financial information may vary from actual results and such variations could be material.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: convicted on mere suspicion or mere conjecture .... So if the jury views the evidence in the case as reasonably permitting either of two conclusions, one of innocence, and the other of guilt, then of course the jury should adopt the conclusion of innocence. (J.A. at 3774.) Both instructions informed the jury that where two reasonable conclusions exist — innocence or guilt — the jury may not convict the defendant. Thus, Defendant’s proposed instruction would not have added any value to the jury charge. Moreover, the instruction proposed by Defendant was itself erroneous. First, the proposed instruction’s undue focus on circumstantial evidence improperly implies that the circumstantial evidence is weaker than direct evidence. See United States v. Prince, 214 F.3d 740, 746 (6th Cir.2000) (<HOLDING>). Additionally, the proposed instruction Options: A. holding review of sufficiency of evidence of juvenile adjudication is same as reviewing substantial evidence to support a criminal conviction B. holding circumstantial evidence has equivalent standing to direct evidence in criminal prosecution C. holding that when reviewing a challenge to the sufficiency of the evidence all evidence is viewed in the light most favorable to the government D. holding that direct and circumstantial evidence are to be given the same weight when reviewing the sufficiency of the evidence E. holding that summary judgment is appropriate when no issue of material fact exists and the court is reviewing administrative record for sufficiency of evidence

assistant: The best answer is D. holding that direct and circumstantial evidence are to be given the same weight when reviewing the sufficiency of the evidence
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: produce documents and refused to comply with a subpoena duces tecum requesting the production of documents. The trial court further found that Emeritus had violated pre-trial discovery rules and that the offenses were largely the fault of Emeritus and not defense counsel. Although the record contained no direct evidence that Emeritus had dissipated or transferred assets, given the information that was before the trial court, we cannot conclude that the trial court abused its discretion in determining that a likelihood existed that Emeritus would dissipate or transfer its assets to avoid satisfaction of the judgment. Conclusion Emeritus’s motion to dissolve the post-judgment injunction is denied. 1 . See Mitchell v. W.T. Grant Co., 416 U.S. 600, 604, 94 S.Ct. 1895, 40 L.Ed.2d 406 (1974) (<HOLDING>); In re L.A.M. & Assocs., 975 S.W.2d 80, 84 Options: A. recognizing need to balance interests of debt or and creditor in determining nature of protection to be afforded creditor B. holding that creditor did not have actual knowledge of the bankruptcy filing where the debtor informed creditor of the possibility that a bankruptcy case would be filed C. recognizing that when a creditor does not receive adequate notice the creditor is not bound by the confirmation order D. holding jurisdiction over creditor disputes only involves property of estate or resolution affects some other creditor E. holding that when a creditor is oversecured solvency is not required for the creditor to be entitled to postpetition interest and fees and granting contractual default interest to the oversecured creditor of approximately 24

assistant: The best answer is A. recognizing need to balance interests of debt or and creditor in determining nature of protection to be afforded creditor
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 is found by a proper authority to be unenforceable, that provision to the extent it is found to be unenforceable or invalid shall be severed and the remainder of the provision and this Agreement will continue in full force and effect. The Parties shall use their best efforts to agree upon a valid and enforceable provision as a substitute for any invalid or unenforceable provision, taking in to account the Parties’ original intent of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the structure extended approximately four to five feet above the waterline, but that the sill had been completely submerged at all but the lowest water levels since approximately 1976. This is supported by the testimony of Emile Shilling, the operations project manage er for the Corps with authority over this area of the Mississippi River. Shilling also testified that despite the erosion of the levees and the fact that the sill no longer extends across the entire cut, the structure still serves its purpose to reduce silt buildup in the South Pass, thereby reducing the need for maintenance dredging. Based on this evidence, the district court rejected the argument that the United States was negligent for failing to maintain the sill in its original condition as the sill’ 5th Cir.1987) (<HOLDING>); Sheridan Transp. Co. v. United States, 834 Options: A. holding that the discretionary function exception may apply in the absence of a conscious decision B. recognizing a discretionary function exception to that waiver C. holding that decision to operate lighthouse is discretionary decision while failure to maintain lighthouse is not within discretionary function exception D. holding that decision to establish recreational swimming area was discretionary but failure to replace buoy secured by an anchor that injured a swimmer was not within discretionary function exception E. recognizing that initial decision to place buoy 60 from wreck was a protected discretionary function but moving the buoy another 250 away from the wreck without notifying the public was a negligent act not within the discretionary function exception

assistant: The best answer is D. holding that decision to establish recreational swimming area was discretionary but failure to replace buoy secured by an anchor that injured a swimmer was not within discretionary function exception
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: in the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our platform , we will pay you this deductible , up to an aggregate amount of eur 50 ( or the equivalent in your local currency ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: officers did not conduct a Terry stop. Instead, they descended on Binion en masse and immediately arrested her — without asking her questions, frisking her, or otherwise determining if she was carrying bricks. According to law that was clearly established at the time of Binion’s arrest, the officers had a duty to reasonably investigate before arresting Binion. “[L]aw enforcement officers have a duty to conduct a reasonably thorough investigation prior to arresting a suspect, at least in the absence of exigent circumstances and so long as ‘law enforcement would not [be] unduly hampered ... if the agents ... wait[ ] to obtain more facts before seeking to arrest.’ ” Kuehl v. Burtis, 173 F.3d 646, 650 (8th Cir.1999) (quoting United States v. Woolbright, 831 F.2d 1390, 1394 (8th Cir. 1987)) (<HOLDING>). Further, evidence that the officers would Options: A. holding that defendants are not entitled to qualified immunity B. holding under facts presented that probation officer was entitled to at least qualified immunity C. holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity D. holding that officer was not entitled to qualified immunity where he spoke to the plaintiff for no more than 20 seconds refused to interview one of the witnesses and ignored plainly exculpatory evidence E. holding that the defendants were entitled to qualified immunity where the plaintiff failed to demonstrate that speech was public concern

assistant: The best answer is D. holding that officer was not entitled to qualified immunity where he spoke to the plaintiff for no more than 20 seconds refused to interview one of the witnesses and ignored plainly exculpatory evidence
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: Notwithstanding anything to the contrary herein, as a condition to the receipt of any severance payments or benefits under Section 2.2 (A) through (D) above, an Executive whose employment has been subject to an Involuntary Termination must, within 45 days of his Involuntary Termination, execute a Release and not revoke, in substantially the form attached hereto as Attachment A. The performance of the Employer’s obligations hereunder and the receipt of any benefits provided hereunder by such Executive shall constitute full settlement of all such claims and causes of action.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a `` skype manager admin account '' is a skype account that is created and managed by you , acting as an individual administrator of a skype manager group and not as a business entity .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rationale that an em ployer’s duty to provide a safe work place is inseparable from its general duties as an employer. See, e.g., Royster v. Montanez, 134 Cal. App.3d 362, 184 Cal. Rptr. 560 (1982); Holzworth v. Fuller, 122 N.H. 643, 448 A.2d 394 (1982); Gore v. Amoco Production Co., 616 S.W.2d 289 (Tex.Civ.App.1981); Stone v. United States Steel Corp., 384 So.2d 17 (Ala.1980). We conclude that this case falls within the latter category of cases, where application of the doctrine would undermine the policy sought to be achieved by the Workers’ Compensation Law. Therefore, we refuse to apply the doctrine here and affirm the entry of summary judgment in favor of Atlantic Federal on the wrongful death claims. See Doe v. St. Michael’s Medical Center, 184 N.J. Super. 1, 445 A.2d 40 (1982) (<HOLDING>); see also Katchis v. Miami Heart Institute, Options: A. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired B. holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will C. holding that a hotel guest has a legitimate expectation of privacy in his room during the period of time for which the room is rented D. holding that workers compensation statute barred suit of medical technologist who was allegedly raped and robbed in dormitory room which she rented from the hospital at which she was employed E. recognizing that at least for certain purposes a hospital room is fully under the control of the medical staff yet for other purposes it is the patients room because patient understands that nurses doctors food handlers and others enter and exit hospital room in accordance with medical need and hospital routine

assistant: The best answer is D. holding that workers compensation statute barred suit of medical technologist who was allegedly raped and robbed in dormitory room which she rented from the hospital at which she was employed
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: plan.” Lake v. Metropolitan Life Ins. Co., 73 F.3d 1372, 1379 (6th Cir.1996). The district court found that no plausible reading of this particular plan’s definition of “release” supports plaintiffs’ claims for severance benefits. We agree. A. Lack of Work The plain meaning of “lack of work” does not encompass plaintiffs’ situation. The plaintiffs are presently doing the same or substantially similar work as they did for ANSI before the asset sale. The transfer of employment from ANSI to Cargill was not caused by a lack of work at ANSI, but rather by the sale of all of ANSI’s assets to Cargill. This common sense reading is consistent with the common sense we and sister circuits have applied in other cases. See Garavuso v. Shoe Corps. of Am. Indus., Inc., 709 F.Supp. 1423 (S.D.Ohio) (<HOLDING>), aff'd, 892 F.2d 79 (6th Cir.1989); Headrick Options: A. holding that employees who continued at a comparable job with a successor company had not been permanently terminated or laid off by the company due to lack of work B. holding that a limited liability company is a citizen of any state of which a member of the company is a citizen C. holding that a company exercising substantial control of the terms and conditions of the work of the employees is an employer under the flsa D. holding owner of company qualified as an employer due to inter alia his authority to hire and fire employees and overall financial control of company E. holding that an employee could not be bound to an arbitration agreement that had been mailed to him by his employer acceptance of which was indicated by employees continued tenure with the company where there was no evidence in the record that the employee had received read or understood the document

assistant: The best answer is A. holding that employees who continued at a comparable job with a successor company had not been permanently terminated or laid off by the company due to lack of work
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 constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements (whether written or oral and whether express or implied) between the parties to the extent related to such subject matter. Except as expressly provided above or as otherwise required by law, the Company will have no obligations to Employee in the event of the termination of Employee's employment with the Company for any reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision hereof should be held invalid, illegal or unenforceable in any jurisdiction, then the Parties will negotiate in good faith a valid, legal and enforceable substitute provision that most nearly reflects the original intent of the Parties and all other provisions hereof will remain in full force and effect in such jurisdiction and will be liberally construed in order to carry out the intentions of the Parties hereto as nearly as may be possible. Such invalidity, illegality or unenforceability will not affect the validity, legality or enforceability of such provision in any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (5th Cir.1994). The Court may not look beyond the pleadings. See Mahone v. Addicks Util. Dist., 836 F.2d 921, 935 (5th Cir.1988). Dismissal for failure to state a claim is not favored by the law. Id. at 926. A Plaintiffs complaint “should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); see Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (“The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.”); Adolph v. Federal Emergency Management Agency, 854 F.2d 732, 735 (5th Cir.1988) (<HOLDING>). However, “there are times when a court should Options: A. holding that a court may dismiss a claim under 12b6 only if it appears to a certainty that no relief can be granted under any set of facts provable in support of its allegations or if the allegations accepted as true do not present a claim upon which relief legally can be obtained B. holding that dismissal is proper only if it appears beyond doubt that plaintiff can prove no set of facts in support of his claim which would entitle him to relief C. holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief D. recognizing the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief E. holding that rule 12b6 dismissal is proper where it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations

assistant: The best answer is A. holding that a court may dismiss a claim under 12b6 only if it appears to a certainty that no relief can be granted under any set of facts provable in support of its allegations or if the allegations accepted as true do not present a claim upon which relief legally can be obtained