flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that includes (1) either an explosive, incendiary, or poison gas component and (2) all of the physical components required for it to function as one of the enumerated devices. Whether the device at issue here — the blasting cap — contained all of the physical components required for it to function as a “bomb” under ORS 166.382(l)(a)(A) requires us to determine the meaning of that term. ORS 166.382 does not define the term “bomb.” However, we have previously stated that, where the device at issue contains an explosive component, the plain meaning of the term “bomb” is “a device carrying an explosive charge fused to detonate under certain conditions.” State ex rel Juv. Dept. v. Garrett, 193 Or App 629, 633, 91 P3d 830 (2004) (citing Webster’s at 249); see also Luers, 211 Or App at 54 (<HOLDING>). Here, the blasting cap that defendant Options: A. holding that an error is plain if it is clear or obvious B. holding that an error is plain only if it is clear under current law when there is no binding precedent on point an instruction typically will not be plain error C. holding that a statute requiring a natural gas producer to make gas available to pump water for agriculture irrigation at a price fixed by the corporation commission is not a regulation under the police power but a taking of the producers property without due process of law and an appropriation of the producers property without just compensation D. holding that the declaratory judgment act is a procedural device E. holding that under the plain text of ors 1663821a a device without an explosive charge may still constitute a bomb if it has an incendiary or poison gas component

assistant: The best answer is E. holding that under the plain text of ors 1663821a a device without an explosive charge may still constitute a bomb if it has an incendiary or poison gas component
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: retaliatory discharge is whether by discharging the complaining employee the employer violated a “clear mandate of public policy.” See Vigil, 102 N.M. at 688, 699 P.2d at 619. A clear mandate of public policy sufficient to support a claim of retaliatory discharge may be gleaned from the enactments of the legislature and the decisions of the courts and may fall into one of sever 91); Salazar v. Furr’s, Inc., 629 F.Supp. 1403, 1409 (D.N.M.1986)(family unity is not public policy protected by retaliatory discharge cause of action); Paca v. K-Mart Corp., 108 N.M. 479, 480-81, 775 P.2d 245, 246-47 (1989)(discharge for violation of company policy did not violate public policy); Francis v. Memorial Gen. Hosp., 104 N.M. 698, 701, 726 P.2d 852, 855 (19 3, 285, 742 P.2d [491,] 495, 497 [(1987)] (<HOLDING>); Vigil, 102 N.M. at 690, 699 P.2d at 621 Options: A. recognizing the difference between statutory cause of action for retaliation and common law tort of retaliatory discharge B. recognizing retaliatory discharge cause of action when plaintiff discharged for whistleblowing C. recognizing retaliatory discharge cause of action when employee discharged to prevent vesting of pension benefits D. recognizing cause of action for wrongful discharge E. recognizing the tort of retaliatory discharge

assistant: The best answer is B. recognizing retaliatory discharge cause of action when plaintiff discharged for whistleblowing
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: laws. Two of those protections include the right to be free from the deprivation of liberty or property without due process of law, and the prohibition on passing bills of attainder. See 25 U.S.C. § 1302(8) and (9). Accordingly, Defendant argues that the Tribe’s ordinance excluding him from the Reservation deprives him of his property without due process, and constitutes a bill of attainder. However, as the Tribe points out, the Supreme Court has held that there is no right to bring a civil action under the ICRA against a tribe or its officers in federal court, and thus, this Court cannot consider Defendant’s argument. See Santa Clara Pueblo v. Martinez, 436 U.S. at 51-52, 98 S.Ct. at 1673-74; R.J. Williams Company v. Fort Belk-nap Housing Authority, 719 F.2d 979, 981 (9th Cir.1983) (<HOLDING>). Nevertheless, Defendant is not bringing an Options: A. holding that the rule applies for purposes of habeas corpus under section 2254 B. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus C. recognizing that santa clara precludes bringing civil actions in federal court under the icra other than habeas corpus D. holding that the federal habeas corpus court could reach the merits of a due process claim even though there was no contemporaneous objection in state court trial where the state habeas corpus court reached the merits rather than rely on the procedural default defense E. holding that federal habeas corpus relief does not lie for errors of state law

assistant: The best answer is C. recognizing that santa clara precludes bringing civil actions in federal court under the icra other than habeas corpus
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: Parent acknowledges that it does not intend, based on applicable legal requirements as of the date of this Agreement, to withhold Taxes from any consideration payable pursuant to this Agreement. Notwithstanding the foregoing, each of Parent and the Escrow Agent shall be entitled to deduct and withhold from the consideration otherwise payable pursuant to this Agreement to the Seller such amounts as it reasonably determines that it is required to deduct and withhold under the Code or any provision of federal, state, local or foreign Tax Law with respect to the making of such payment. If Parent becomes aware of any tax withholding requirement which shall become applicable to any payment of consideration hereunder, it shall give notice of the same to the Seller. To the extent that amounts are so withheld and are paid over to the applicable Governmental Authority or other designated recipient, such withheld amounts shall be treated for all purposes of this Agreement as having been paid to the Seller.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are a resident of turkey : certain of the e-commerce terms and conditions set forth in appendix a : ua shopping do not pertain to turkish residents who purchase products from our turkish distributor fdoğuş perakende ( doğuş perakende satış giyim ve aksesuar tic .

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: 12.7 if any third party brings a claim against skype in connection with , or arising out of ( i ) your breach of these terms ; ( ii ) your breach of any applicable law of regulation ; ( iii ) your infringement or violation of the rights of any third parties ( including intellectual property rights ) ; ( iv ) your user submissions or ( v ) your complaint in relation to any user submission , you will indemnify and hold skype harmless from and against all damages , liability , loss , costs and expenses ( including reasonable legal fees and costs ) related to such claim .

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: connection with a “highway or related project approved by the Secretary of Transportation,” 18 U.S.C.A. § 1020, or a properly-authorized delegee of the Secretary, see 49 U.S.C.A. § 322(b) (West 1997) (providing that the Secretary of Transportation “may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department” and that an officer may in turn “delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department”). Appellants assert that their convictions must be reversed because there is no evidence that the Secretary delegated his duty to approve the projects in this case to a natural person. See Halverson v. Slater, 129 F.3d 180, 185-86 (D.C.Cir.1997) (<HOLDING>). However, at trial, Mr. John Grounds testified Options: A. holding the foster parents responsible for support where the childs natural parents are unknown and noting that an earlier new york case held that an agreement to adopt did not terminate the natural parents duty of support but that in that earlier case the natural parent was alive and capable of providing for the child B. holding that an agencys policy shift reallocating the burden of proof from natural gas importers to parties opposing importation was based on a reasonable interpretation of the natural gas act C. holding that the secretary may only delegate the powers and duties of the office to a natural person not to an administration or entity other than a natural person D. holding that a state was embraced within the meaning of the word person where the word person was defined as meaning and including a partnership association company or corporation as well as a natural person E. holding with no analysis that any person or organization who may be legally liable therefor applies to a person legally liable for injuries caused by an accident 4 when under the facts of the case the only person to whom the clause could have applied was a tortfeasor

assistant: The best answer is C. holding that the secretary may only delegate the powers and duties of the office to a natural person not to an administration or entity other than a natural person
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, together with the additional agreements referred to herein, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between the parties concerning such subject matter, including, without limitation, the Incentive Agreement and the Change in Control Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither Jones, Buyer nor any of their respective Affiliates has engaged any broker, finder or investment adviser on its behalf or incurred any Liability for any brokerage or finder’s fee or commission in connection with the Transactions.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we always appreciate your feedback or other suggestions about masquerade and our services , but you understand that we may use your feedback or suggestions without any obligation to compensate you for them ( just as you have no obligation to offer them ) .

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: if you book a reservation with a third-party supplier , you agree to review and be bound by the supplier 's terms and conditions of purchase and site use ( the `` terms of use '' ) , privacy policy , and any other rules or policies related to the supplier 's site or property .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Material Subsidiaries to, (a) preserve and maintain all of its material rights, privileges, licenses and franchises, including all tradenames, patents and other intellectual property necessary for its business, except to the extent the failure to preserve and maintain the same would not reasonably be expected to have a Material Adverse Effect, and (b) preserve and maintain its legal existence, provided that nothing in this sentence shall prohibit any transaction not otherwise prohibited under Section 6.04. The Borrower will comply, and will cause each of its Subsidiaries to comply, with all applicable laws, statutes, rules, regulations and orders, including, without limitation, ERISA, the Patriot Act, Anti-Corruption Laws and applicable Sanctions and all applicable environmental laws, except for any non-compliance which would not (either individually or in the aggregate) reasonably be expected to have a Material Adverse Effect. The Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance in all material respects by the Borrower, its Subsidiaries and, when acting on its or their behalf, their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Purchaser covenants that neither it nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at the Closing of the transaction contemplated by this Agreement. Each Purchaser also covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company, such Purchaser will maintain the confidentiality of the existence and terms of this transaction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Majority Investors acknowledge that the Company and its independent counsel and the Majority Investors and their independent counsel have jointly reviewed and drafted this document, and agree that any rule of construction and interpretation to the effect that drafting ambiguities are to be resolved against the drafting party shall not be employed.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under section 1915(d) without prejudice. Graves v. Hampton, 1 F.3d 315 (5th Cir.1993). 3 . Denton v. Hernandez, — U.S. -, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992). 4 . Id. at -, 112 S.Ct. at 1734. 5 . Spears v. McCotter, 766 F.2d 179, 181 (5th Cir.1985). These options are, of course, unnecessary in cases where the facts alleged are "fantastic or delusional scenarios” or the legal theory upon which a complaint relies is "indisputably meritless." Neitzke v. Williams, 490 U.S. 319, 327-28, 109 S.Ct. 1827, 1833, 104 L.Ed.2d 338 (1989). 6 . Hewitt v. Helms, 459 U.S. 460, 103 S.Ct. 864, 74 L.Ed.2d 675 (1983); McCrae v. Hankins, 720 F.2d 863 (5th Cir.1983); Mitchell v. Sheriff Dept., Lubbock County, Tex., 995 F.2d 60 (5th Cir.1993). 7 . See, e.g., Caldwell v. Miller, 790 F.2d 589 (7th Cir.1986) (<HOLDING>). 8 . Bounds v. Smith, 430 U.S. 817, 97 S.Ct. Options: A. holding that although prison inmates have a first amendment right to access to the courts prison officials may regulate law library access including reasonable time place and manner of access taking into account the administrative needs of the institution B. holding that the total denial of all access to the law library for seven months violated the plaintiffs constitutional right of access to the courts C. holding that during a postriot lockdown refusal of access to main law library is constitutional as long as access to basic law library for initial legal research is permitted D. holding that prisoner did not have right to access law library because he had courtappointed counsel E. recognizing that inmates have no freestanding right to a law library or legal assistance

assistant: The best answer is C. holding that during a postriot lockdown refusal of access to main law library is constitutional as long as access to basic law library for initial legal research is permitted
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: testified that the picture hanger did not constitute an improvement to the space and that neither the filing cabinets nor the refrigerator were integral parts of the building. And while it is true that the renovations to the space were made with the idea that the new space would be used as a kitchenette and storage, the facts that (1) the bookshelves, appliances, wood cabinetry, wastebasket, storage bin, sink, lighting, and alarm system could have easily been replaced by different bookshelves, appliances, cabinetry, wastebaskets, storage bins, sinks, lighting, and alarm systems, and (2) these particular items could have easily been used at a different location, establishes that these items were not “peculiarly adapted for use on the land in question.” Rothermich, 10 S.W.3d at 617 (<HOLDING>). Consequently, in the present case, there was Options: A. holding that private complaints by public employee that his responsibilities were being lessened and his recommendations were not being followed were at least for the most part not on a matter of public concern B. holding that an arbitrator was not bound by an earlier award involving a different contract and different union C. holding that the plaintiffs had relied on illinois law because they could have filed in a different forum having a different statute of limitations D. holding that claim preclusion did not apply even though the legal theory at issue in that case was addressed in a previous case because the case at issue was based on a different set of operative facts E. holding that bowling alley pinspotters did not constitute fixtures in a bowling alley in part because they were easily replaceable by different pinspotters and the very pinspotters at issue were then currently being used at a different location

assistant: The best answer is E. holding that bowling alley pinspotters did not constitute fixtures in a bowling alley in part because they were easily replaceable by different pinspotters and the very pinspotters at issue were then currently being used at a different location
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 CREDIT AGREEMENT, AS AMENDED BY THIS FOURTH AMENDMENT, AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AS TO THE SUBJECT MATTER THEREIN AND HEREIN AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS BETWEEN THE PARTIES.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 372 U.S. 710 83 S.Ct. 1020 10 L.Ed.2d 126 Nathan Boyd HOLMESv.CALIFORNIA et al. No. 70, Misc. Supreme Court of the United States April 15, 1963 Holmes, pro se. Stanley Mosk, Atty. Gen. of California, and William E. James, Asst. Atty. Gen., for respondents. On Petition for Writ of Certiorari to the District Court of Appeal of California, Second Appellate District. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for further consideration in light of Douglas v. California, 372 U.S. 353, 83 S.Ct. 814. 2 Mr. Justice CLARK and Mr. Justice HARLAN dissent for the reasons stated in their opinions in Douglas v. California, 372 U.S. 358. 360, 83 S.Ct. 817, 818. 3 Mr. Justice White took no part in the consideration or decision of this case.

assistant: 2
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 Amendment may be executed in counterparts with the same effect as if all parties had signed the same document. Each counterpart will be construed together and will constitute one and the same Amendment. This Amendment may be executed by the parties and transmitted by facsimile or other electronic transmission and if so executed and transmitted this letter agreement will be for all purposes as effective as if the parties had delivered an executed original of this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller agrees to pay and reimburse Buyer for all reasonable out-of-pocket costs and expenses incurred by Buyer in connection with the preparation, execution and delivery of this Amendment in accordance with the Repurchase Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. Mere inequality in bargaining power is an insufficient basis to invalidate an arbitration agreement: Gilmer v. Inter state!Johnson Lane Corp., 500 U.S. 20, 33, 111 S.Ct. 1647, 1655, 114 L.Ed.2d 26 (1991). It is undisputed Ottman is an experienced broker who has worked in the securities industry for years and has executed several U-4 registration agreements. In the course of the arbitration, Ottman was required to pay a non-refimdable filing fee of $500, a hearing fee of $600, and a forum fee of $1,800. We conclude the U-4 registration agreement at issue does not constitute a “contract of adhesion” because Ottman is a sophisticated individual dealing in a sophisticated industry, and the arbitration process placed no disproportionate burden on him. See Brown, 664 F.Supp. at 974 (<HOLDING>); Battle v. Prudential Ins. Co. of Am., 973 Options: A. holding securities industry arbitration clause not a contract of adhesion where record shows employee sophisticated individual dealing in sophisticated industry employee not coerced to sign u4 registration agreement and no disproportionate burden placed on employee pursuant to clause B. holding county employee with unenforceable contract was atwill employee C. holding that employee may claim contract created based on employer promise of severance pay to employee D. holding unconscionable under california law employment contract compelling arbitration of claims employee most likely to bring against employer but not claims employer most likely to bring against employee and requiring first 125 of arbitration fees to be paid by employee E. holding that absent a law or collective bargaining agreement a municipal employee is an employee atwill

assistant: The best answer is A. holding securities industry arbitration clause not a contract of adhesion where record shows employee sophisticated individual dealing in sophisticated industry employee not coerced to sign u4 registration agreement and no disproportionate burden placed on employee pursuant to clause
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 rest upon a few words taken out of context of the entire testimony.’ ” Id. at 803 (quoting Wilkes-Barre, City v. WCAB, 54 Pa.Cmwlth. 230, 420 A.2d 795, 798 (1980)). In Commonwealth v. Thomas, 444 Pa. 436, 282 A.2d 693, 698 (1971), this Court first adopted the rule permitting a “medical witness to express opinion testimony on matters based, in part, upon reports of others which are not in evidence, but which the expert customarily relies upon in the practice of his profession.” We have further held that while an expert may base his opinion on facts of which he has no personal knowledge, those facts must be supported by evidence of record. Newcomer v. WCAB (Ward Trucking Corp.), 547 Pa. 639, 692 A.2d 1062, 1066 (1997); Casne v. WCAB (Stat Couriers, Inc.), 962 A.2d 14 (Pa.Cmwlth.2008) (<HOLDING>). This Court has explained: Collins v. Hand, Options: A. holding that if an experts opinion is dependent upon information that is inaccurate or lacks support in the record it is deemed incompetent B. holding that when an experts opinion regarding the relevant market is not supported by sufficient facts or when the record contradicts or renders the opinion unreasonable it cannot support a jurys verdict C. holding that it is not the courts role to decide whether an experts opinion is correct D. holding that a fear is not objectively reasonable if it lacks solid support in the record and is merely speculative at best E. holding that an experts opinion must be based on facts in evidence or within his or her knowledge and that the admission of an experts opinion is reviewed for an abuse of discretion

assistant: The best answer is A. holding that if an experts opinion is dependent upon information that is inaccurate or lacks support in the record it is deemed incompetent
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: past and admission by defendant that there was nothing to be done). Construing Brown’s claims of Scarberry’s prior knowledge and repetition of the incidents liberally, we conclude that he has alleged sufficient deliberate indifference to require a response from Scar-berry. However, Brown’s complaint does not substantively mention Defendant R. Brock, Food Services Manager, and does not allege any prior knowledge on his behalf, aside from the fact that he is in a management position in food services at the prison and that he responded to certain grievances. As the principles of re-spondeat superior do not apply in § 1983 cases, Brown’s allegations are insufficient to state a claim against Brock. See Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (<HOLDING>). Accordingly, we dismiss No. 15-6685, affirm Options: A. holding that immunity is not waived for injury or death caused by negligent supervision B. holding that defendant in 1983 action may not be sued solely for injury caused by his employee or agent C. holding that an ohio municipal court could not be sued under 1983 because it was not a person as 1983 uses that term D. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence E. holding that a defendant can only be sued in his official capacity under 1983 if he acted pursuant to an official policy or custom in causing the constitutional injury

assistant: The best answer is B. holding that defendant in 1983 action may not be sued solely for injury caused by his employee or agent
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 her benefits. Hence, this Court holds that Plaintiff failed to exhaust her administrative remedies and does not fit under the futility exception. Therefore, Plaintiff is barred from seeking legal recourse in this Court. III. Contractual Limitations Period Assuming arguendo that Plaintiff somehow can clear the exhaustion hurdle, her claim is nonetheless time-barred. An ERISA cause of action for benefits accrues, and the statute of limitations or contractual limitations period begins to run, when a benefit claim has been made and formally denied. Stevens v. Employer-Teamsters Joint Council No. 84 Pension Fund, 979 F.2d 444, 451 (6th Cir.1992). This is true even when the policy suggests otherwise, de Coninck v. Provident Life & Accident Ins. Co., 747 F.Supp. 627, 633 (D.Kan.1990) (<HOLDING>). The limitations period began to run on April Options: A. holding that a reasonable contractedfor limitations period that is not contrary to public policy is generally enforceable B. holding that accrual date begins to run on the date the employee is notified unambiguously of the adverse employment action C. holding that the plain meaning of the uim policy language was clear and not contrary to public policy D. holding erisas accrual date for limitations period controlled despite contrary language in policy E. holding that limitations period on employment discrimination claim triggered on date of discharge not on date of discovery of discriminatory intent

assistant: The best answer is D. holding erisas accrual date for limitations period controlled despite contrary language in policy
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 S.E.C. responds that a finding of liability is a prerequisite to injunctive relief and the factual basis for liability informs the Court’s analysis of whether an injunction should issue. S.E.C. v. Treadway, 430 F.Supp.2d 293, 346 (S.D.N.Y.2006) (declining to rule on whether remedies were warranted because of the existence of genuine issues of material fact); S.E.C. v. Fenster, 929 F.Supp. 1346, 1349 (D.Colo.1996) (denying motion to dismiss so that the S.E.C. could conduct discovery and present evidence of alleged past violations). Hussey has cited one case in which injunctive relief was denied at the summary judgment stage without regard to the eventual outcome of the S.E.C.’s claim. S.E.C. v. Shanahan, Civ. A. No. 07-2879, 2010 WL 173819, at *9, 15-16 (D.Minn. Jan. 13, 2010) (<HOLDING>). In that case, however, unlike this one, the Options: A. holding that some operative facts did occur in the district of columbia where nonfiling or misfilings with the sec occurred B. holding that the sec may subpoena records in a securities investigation even if the persons involved are also subject to regulation by the department of agriculture under the commodity exchange act C. holding that sec interpretation of federal securities law is entitled to deference if it is reasonable D. holding that even if the sec succeeded in showing defendants violated the exchange act or sec rules the sec is not entitled to a permanent injunction or an officerdirector bar E. holding that for a section 10b violation the sec must prove that the defendant in connection with the purchase or sale of securities made a materially false statement or omitted a material fact with scienter and that the plaintiffs reliance on the defendants action caused injury to the plaintiff

assistant: The best answer is D. holding that even if the sec succeeded in showing defendants violated the exchange act or sec rules the sec is not entitled to a permanent injunction or an officerdirector bar
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 (including the documents and the instruments referred to herein), together with the Merger Agreement, the Parent Stockholder Agreement (as defined in the Merger Agreement) and the Existing Stockholders Agreement (as defined in the Parent Stockholder Agreement), constitutes the entire agreement among the parties and supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: onavo may terminate this agreement , or terminate or suspend your access to any of the services at any time , with or without cause , with or without notice .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his father’s death, and the district court thereafter warned Solimán it would not grant any further extensions. Although Solimán asserts he was residing out of state when the court entered an order warning of no further extensions, a litigant who invokes the processes of the federal courts is responsible for maintaining communication with the court during the pendency of his lawsuit. See Carey v. King, 856 F.2d 1439, 1441 (9th Cir.1988) (per curiam) (“A party, not the district court, bears the burden of keeping the court apprised of any changes in his mailing address.”). Solimán waited until several days after his father’s death and within a few days of the revised deadline to file his March 29 extension motion. See Noll v. Petrovsky, 828 F.2d 461, 462 (8th Cir. 1987) (per curiam) (<HOLDING>). We further note that, although the district Options: A. holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment B. holding that in ruling on a motion for summary judgment the trial court is limited to the grounds raised in the motion C. holding that the court was precluded from considering whether the district court had abused its discretion in ruling on defendants summary judgment motion before allowing plaintiff to conduct requested discovery where the plaintiff had not filed an affidavit pursuant to rule 56f and stating that when a party does not avail himself of relief under rule 56f it is generally not an abuse of discretion for the district court to rule on the motion for summary judgment citation omitted D. holding that the district court did not abuse its discretion in excluding hearsay evidence and evidence that violated the best evidence rule in deciding a summary judgment motion E. holding district court did not abuse its discretion in ruling on summary judgment motion where inter alia plaintiff had been given repeated notices court intended to rule on motion and it was plaintiffs burden to rebut defendants evidence

assistant: The best answer is E. holding district court did not abuse its discretion in ruling on summary judgment motion where inter alia plaintiff had been given repeated notices court intended to rule on motion and it was plaintiffs burden to rebut defendants 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 any other provision of this Article IV, each Purchaser covenants that the Shares may be disposed of only pursuant to an effective registration statement under, and in compliance with the requirements of, the Securities Act, or pursuant to an available exemption from, or in a transaction not subject to, the registration requirements of the Securities Act, and in compliance with any applicable state, federal or foreign securities laws. In connection with any transfer of the Shares other than (i) pursuant to an effective registration statement, (ii) to the Company or (iii) pursuant to Rule 144 (provided that the transferor provides the Company with reasonable assurances (in the form of a seller representation letter and, if applicable, a broker representation letter) that such securities may be sold pursuant to such rule), the Company may require the transferor thereof to provide to the Company and the Transfer Agent, at the transferor’s expense, an opinion of counsel selected by the transferor and reasonably acceptable to the Company and the Transfer Agent, the form and substance of which opinion shall be reasonably satisfactory to the Company and the Transfer Agent, to the effect that such transfer does not require registration of such Shares under the Securities Act.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 172 S.W.3d 512, 516 (Tenn.2005)); see Edwards v. Allen, 216 S.W.3d 278, 284 (Tenn.2007); White v. Revco Disc. Drug Ctrs., Inc., 33 S.W.3d 713, 718 (Tenn.2000); Holloway v. Putnam Cnty., 534 S.W.2d 292, 296 (Tenn.1976). In considering a motion to dismiss, courts “‘must construe the complaint liberally, presuming all factual allegations to be true and giving the plaintiff the benefit of all reasonable inferences.’ ” Tigg v. Pirelli Tire Corp., 232 S.W.3d 28, 31-32 (Tenn.2007) (quoting Trau-Med, 71 S.W.3d at 696); see Leach v. Taylor, 124 S.W.3d 87, 92-93 (Tenn.2004); Stein v. Davidson Hotel Co., 945 S.W.2d 714, 716 (Tenn.1997); Bellar v. Baptist Hosp., Inc., 559 S.W.2d 788, 790 (Tenn.1978); see also City of Brentwood v. Metro. Bd. of Zoning Appeals, 149 S.W.3d 49, 54 (Tenn.Ct.App.2004) (<HOLDING>). A trial court should grant a motion to Options: A. holding that when deciding a motion for judgment on the pleadings the court must construe the material allegations in the complaint in favor of the nonmoving party as true B. holding that twombly did not undermine the principle that all reasonable inferences are to be drawn in favor of the plaintiff and reaffirming that the facts alleged must be taken as true and a complaint may not be dismissed merely because it appears unlikely that the plaintiff can prove those faets or will ultimately prevail on the merits C. holding that courts must construe pro se filings liberally D. holding that courts should liberally construe the requirements of rule 3 E. holding that courts must construe the complaint liberally in favor of the plaintiff by giving the plaintiff the benefit of all the inferences that can be reasonably drawn from the pleaded facts

assistant: The best answer is E. holding that courts must construe the complaint liberally in favor of the plaintiff by giving the plaintiff the benefit of all the inferences that can be reasonably drawn from the pleaded facts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: regarding the question presented here: whether a state actor's contract to convey properly if successfully acquired through eminent domain is subject to U.S. Trust's heightened scrutiny analysis or is void on its face. 5 . Indeed, there is no provision in the contracts that purports to prevent the City from conveying the property to the Lessees and later taking the property for public use. Thus, these contracts contain none of the same elements the Court found unenforceable in West River Bridge and Contributors to Pennsylvania Hospital. 6 . Indeed, as a survey of our Contracts Clause jurisprudence indicates, Ordinance 05-001 is quite analogous to the state actions this court and the Supreme Court have assessed under U.S. Trust. See U.S. Trust, 431 U.S. at 22-23, 97 S.Ct. at 1518 (<HOLDING>); Winstar, 518 U.S. at 888-89, 116 S.Ct. 2432 Options: A. holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york B. holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership C. holding that concurrent and parallel new york and new jersey statutes that retroactively repealed a covenant between the states and bondholders in the stateowned port authority was subject to contracts clause analysis D. holding that neither the new york location of the terrorist attack giving rise to the policyholders claim nor the new yorkbased claims adjustor rendered new york the locus of operative facts because new york was not the site of the contracts execution E. holding purposeful and deliberate omission on enactment of new jersey sales and use tax of exemption found in new york counterpart act which served as the model for new jersey act

assistant: The best answer is C. holding that concurrent and parallel new york and new jersey statutes that retroactively repealed a covenant between the states and bondholders in the stateowned port authority was subject to contracts clause analysis
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: 14.1 the skype etiquette provides guidelines on how to use skype and how to treat the other members of skype 's community properly and respectfully .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The consummation of the Transaction will take place at a closing to be held at the offices of Exhale Brands Nevada, LLC (the “ Closing ”) on the third business day after the satisfaction or waiver of all of the closing conditions to the obligations of the parties contemplated hereby (the “ Closing Date ”).

assistant: Closings
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: Within sixty (60) days of registering any Copyright, Patent or Trademark, it shall provide the Collateral Agent with notification thereof. Thereafter, it shall execute and deliver to the Collateral Agent, in form and substance reasonably acceptable to the Collateral Agent and suitable for filing, with respect to such Copyright, Patent or Trademark, in the Applicable IP Office, the short-form intellectual property security agreements for such Copyright, Patent or Trademark.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the federal officer removal statute. When the Second Circuit held that removal was improper under section 1442, it necessarily held that this Court lacked jurisdiction because there is no independent statute that gives original subject matter jurisdiction to federal courts over cases involving federal officers. "Federal jurisdiction rests on a ‘federal interest in the matter,’ the very basic interest in the enforcement of federal law through federal officials.” Willingham v. Morgan, 395 U.S. 402, 406, 89 S.Ct. 1813, 23 L.Ed.2d 396 (1969) (quoting Poss v. Lieberman, 299 F.2d 358, 359 (2d Cir.1962)). 24 . PL Mem. at 5. 25 . 28 U.S.C. § 1452 (emphasis added). 26 . 28 U.S.C. § 1334(a) & (b). 27 . See, e.g., United States ex rel. Fullington v. Parkway Hosp., Inc., 351 B.R. 280 (E.D.N.Y2006) (<HOLDING>). 28 . 11 U.S.C. § 101(27). The statute states Options: A. recognizing the indicia of authority from a governmental unit to the authorized person to pursue some endeavor as common in the enumerated items B. holding that while qui tam actions by private parties could be on behalf of or for a governmental unit they are not actions by a governmental unit as required by the bankruptcy code C. holding that recovery against an individual employee is barred and may be sought against the governmental unit only when suit is filed against both the governmental unit and its employee id 101106e D. holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary E. recognizing utswmc as a governmental unit under the act

assistant: The best answer is B. holding that while qui tam actions by private parties could be on behalf of or for a governmental unit they are not actions by a governmental unit as required by the bankruptcy code
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower and each of its Subsidiaries has filed all federal, state and local tax returns and other reports that it is required by law to file, and has paid, or made provision for the payment of, all Taxes upon it, its income and its Properties that are due and payable, except to the extent being Properly Contested. The provision for Taxes on the books of Borrower and each of its Subsidiaries is adequate for all years not closed by applicable statutes, and for its current Fiscal Year.

assistant: Taxes