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: In my judgment, it is extremely doubtful that the obviously dispensable involvement of the judiciary in the intermediate stages of a procedure that begins and ends in the Executive Branch is a proper exercise of judicial power. See Gordon v. United States, 117 U. S. Appx. 697, 702-703 (1864) (opinion of Taney, C. J.); United States v. Ferreira, 13 How. 40, 48 (1852). It may well follow that the misguided opinion of today’s majority has nothing more than an advisory character. Whether or not that be so, the better rea soning in Justice Souter’s far wiser and far more scholarly opinion will surely be the law one day. For these reasons, as well as those set forth in Justice Souter’s opinion, I respectfully dissent. 1 See, e. g., Pennsylvania v. Union Gas Co., 491 U. S. 1 (1989) (<HOLDING>); In re Merchants Grain, Inc., 59 F. 3d 630 Options: A. holding that an action by plaintiffs who had a legal obligation to conduct cleanup pursuant to a 106 order and then sought costs for cleanup from other prps was the quintessential action for contribution B. holding that a federal court may order a state to pay cleanup costs pursuant to the comprehensive environmental response compensation and liability act of 1980 C. holding that response costs can be necessary even though the agency that required cleanup never approved the response actions taken D. holding that bankruptcy court may enjoin state environmental reclamation order E. holding that debtor was liable to the commonwealth for past and future cleanup costs

assistant: The best answer is B. holding that a federal court may order a state to pay cleanup costs pursuant to the comprehensive environmental response compensation and liability act of 1980
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto acknowledge and agree that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that any party hereto will have the right to injunctive relief, in addition to all of its other rights and remedies at law or in equity, to enforce the provisions of this Agreement.

assistant: Specific Performance
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: If the trial discloses that the services were not formally ordered, then the discussion herein concerning constructive ordering of services is applicable. 12 . See United Artists Payphone Corp. v. New York Tel. Co., 8 FCC Rcd 5563 (1993); see also AT & T v. City of New York, 83 F.3d 549 (2d Cir.1996); AT & T Corp. v. Community Health Group, 931 F.Supp. 719 (S.D.Cal.1995); In re Access Charge Reform, 14 FCC Rcd 14221 (1999). 13 . See also City of New York, 83 F.3d at 553 (relying on United Artists to hold that a party can become a " ‘customer,’ in one of two ways: (1) by affirmatively ordering the service ... or (2) by constructively ordering [service] and creating an 'inadvertent carrier-customer relationship ....' ”). 14 . See US Wats, Inc. v. AT & T Co., 1994 WL 116009, at *5 (<HOLDING>). 15 . While not directly stating so, AT & T Options: A. holding that filedrate doctrine does not apply when adjudication of the plaintiffs claim will not result in rate discrimination nor embroil the court in a dispute over reasonableness of charges B. holding that the doctrine does not apply in such circumstancesi C. holding that this court does not have jurisdiction over plaintiffs claims because the court may review neither criminal matters nor the decisions of district courts D. 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 E. holding the same for the other separate rate plaintiffs in this action

assistant: The best answer is A. holding that filedrate doctrine does not apply when adjudication of the plaintiffs claim will not result in rate discrimination nor embroil the court in a dispute over reasonableness of charges
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: Notices hereunder shall be mailed or delivered to the Company at its principal place of business and shall be mailed or delivered to the Participant at the address on file with the Company or, in either case, at such other address as one party may subsequently furnish to the other party in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is duly incorporated and is validly existing as a corporation in good standing under the laws of the State of Delaware, with power and authority necessary to hold its properties and conduct its business where it is engaged, except where the failure to be so qualified or in good standing or have such power or authority would not have a material adverse effect on the business, properties, management, financial position, shareholders’ equity, results of operations or prospects of the Company or on the performance by the Company of its obligations under this Agreement (a “ Material Adverse Effect ”). The Company does not own, directly or indirectly, any shares of stock or any other equity interests or long-term debt securities of any corporation, firm, partnership, joint venture, association or other entity.

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

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

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 legal provision and list the applicable contract clause categories. Provision: No Person will have, as a result of the transactions contemplated by the Transaction Documents, any valid right, interest or claim against or upon any Purchaser for any commission, fee or other compensation pursuant to any agreement, arrangement or understanding entered into by or on behalf of the Company, and no Purchaser shall have any obligation with respect to any fees or with respect to any claims made by or on behalf of other Persons for fees of a type contemplated in this Section 3.2 4 that may be due in connection with the transactions contemplated by the Transaction Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: due process protection. That the ODE granted the Nosse Plaintiffs a non-renewable EdChoice scholarship as a token of good will does not alter the Court’s conclusion. The ODE’s scholarship offer was not made pursuant to the Nosse Plaintiffs meeting all of the program’s statutory eligibility requirements; it was an offer born of,empathy. (See Doc. 30, Ex. 4, Euclid Situation at 1). As such, the ODE made clear that the scholarship offered was finite: one year, nonrenewable. The Court acknowledges that the offer and acceptance of this one-year EdChoice scholarship may have created a legitimate claim of entitlement to a scholarship for the 2012-2013 school year based on a mutually explicit understanding between the parties. See Geriatrics, Inc. v. Harris, 640 F.2d 262, 264 (10th Cir.1981) (<HOLDING>). But the Nosse Plaintiffs do not allege that Options: A. recognizing that customer lists may be protectable trade secrets B. recognizing rule C. holding that property seized by a creditor prior to debtors bankruptcy was property of the estate even though creditor the irs held a secured interest a tax lien in the property D. holding that plaintiffs may have a property interest in real property E. recognizing that a protectable property interest can be secured by statute legal rule or through a mutually explicit understanding

assistant: The best answer is E. recognizing that a protectable property interest can be secured by statute legal rule or through a mutually explicit understanding
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: Circuits have concluded that the plain meaning of section 521(2)(A) limits a debtor to specifying one of the three options enumerated in the provision if retention is “applicable.” The First Circuit, for instance, has reasoned that “it is perfectly conventional usage, and perfectly good English, for Congress to have phrased § 521(2)(A) in the way it did because it intended chapter 7 debtors to elect surrender or retention, and then, ‘if retention is ‘applicable,’ to specify which of the following three retention options they intend to employ.” Burr, 160 F.3d at 848 (citing Boodrow, 126 F.3d at 59 (Shadur, J., dissenting)); see also Taylor, 3 F.3d at 1516 (finding that plain language of section 521 provides a debtor with only three option to retain collateral); Johnson, 89 F.3d at 252 (<HOLDING>); Lowry, 882 F.2d at 1545 (“The plain English Options: A. holding when ordinance language is clear courts must give language its plain meaning B. holding that the clear language of section 5212 limits a debtor to the options enumerated in the provision C. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them D. holding that debtor failed to meet its burden of proving lease should be recharacterized as a disguised security agreement because the record before the court provides no credible evidence as to the projected fair market of the leased equipment on the dates the debtor will be entitled to exercise the purchase options E. holding defendants agreement to consentsearch provision not coerced merely because it was one of two undesirable options

assistant: The best answer is B. holding that the clear language of section 5212 limits a debtor to the options enumerated in the provision
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: 364 U.S. 282 80 S.Ct. 1615 4 L.Ed.2d 1720 Robert Leon EUZIEREv.UNITED STATES. No. 119, Misc. Supreme Court of the United States June 27, 1960 Robert Leon Euziere, pro se. Solicitor General Rankin, Assistant Attorney General Wilkey, Beatrice Rosenberg and Mr. Robert C. Maysack, for the United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. 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 consideration in light of Elkins v. United States, 364 U.S. 206, 80 S.Ct. 1437. 2 Mr. Justice FRANKFURTER dissents on the basis of his dissenting opinion in Rios v. United States (Elkins v. United States), 364 U.S. 206, 80 S.Ct. 1453.

assistant: 1
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: agree with the government that it would be unreasonable to ignore any relevant preparation that counsel might have conducted in the three months between the date of [defendant’s complaint about the ineffectiveness of his counsel] and the beginning of the trial.”). The trial court, therefore, may consider the motion to substitute counsel in light of the facts and circumstances both when the motion was originally made and also after it was denied. ¶ 17 We emphasize, however, that the issue at the hearing will not be whether Torres received effective assistance of counsel under the standards set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), as some jurisdictions require. See, e.g., United States v. Graham, 91 F.3d 213, 217, 221-22 (D.C.Cir.1996) (<HOLDING>). Ineffective assistance of counsel is a Options: A. holding that there is no indication that the district court abused its discretion in denying the discoverysanction motion B. holding that the district court abused its discretion in denying the defendants timely motion for the substitution of the participating prosecutor in order to permit the defense to call the prosecutor as a witness C. holding that the defendant must demonstrate not only that the district court abused its discretion in denying a motion for substitution of counsel but that the defendant was prejudiced by that error under strickland D. holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint E. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint

assistant: The best answer is C. holding that the defendant must demonstrate not only that the district court abused its discretion in denying a motion for substitution of counsel but that the defendant was prejudiced by that error under strickland
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 authorized equity interests of the Company consist of 50,000,000 shares of preferred stock, par value $0.01 per share, and 1,000,000,000 shares of Common Stock. All of the issued shares of capital stock of the Company have been duly authorized and validly issued, are fully paid and non-assessable, conform to the description thereof contained in the Company SEC Documents in all material respects and are not subject to any preemptive right, resale right, right of first refusal or similar right. Other than awards issued pursuant to the Company’s Long-Term Incentive Plan, no options, warrants or other rights to purchase or exchange any securities for shares of the Company’s capital stock are outstanding, except as disclosed in the Company SEC Documents. All of the issued shares of capital stock or other equity interests of each Subsidiary of the Company have been duly and validly authorized and issued, are fully paid and non-assessable and are owned directly or indirectly by the Company, free and clear of any lien, charge, encumbrance, security interest, restriction on voting or transfer or any other claim of any third party (“ Liens ”), except as described in the Company SEC Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Executive’s base salary will be $450,000 per annum (the “ Base Salary ”). The Base Salary will be payable monthly on the last working day of each month in arrears in twelve (12) equal installments. Annually during the Employment Period, the Company shall review with the Executive his job performance and compensation and, if deemed appropriate by the Board of Directors of the Company or its delegate, in its discretion, the Executive’s Base Salary may be increased.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: entered. The district court did not err in concluding that termination of appellant’s parental rights was justified under four statutory grounds, and the court did not abuse its discretion in admitting the challenged evidence. Affirmed. 1 . J.M.'s father, A.M., made no appearance at the termination trial, and his parental rights to J.M. were also terminated. The father has not appealed. 2 . Appellant presently retains parental rights to another child. 3 . The abatement doctrine, as applied in criminal cases, implicates a number of policy concerns. Although the doctrine was historically based on the view that criminal convictions serve a purely punitive function, modern views have shifted to a broader view of the criminal justice system. Carlin, 249 P.3d at 758; Bevel, 111 S.E.2d at 794 (<HOLDING>). Abatement undermines those goals, including Options: A. recognizing that abatement rests on the outdated premise that criminal convictions and sentences serve only to punish the convicted B. holding that the decision to transfer rests within the sound discretion of the district court C. holding that the decision to transfer rests within the sound discretion of the court D. holding that the decision to allow attorney fees rests with the trial judge and that decision may only be reversed for an abuse of discretion E. holding sentences include all consequences of convictions

assistant: The best answer is A. recognizing that abatement rests on the outdated premise that criminal convictions and sentences serve only to punish the convicted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: ANY DISPUTE BETWEEN THE BORROWER, THE ADMINISTRATIVE AGENT, ANY ISSUING BANK, ANY BANK, OR ANY INDEMNITEE ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP ESTABLISHED BETWEEN THEM IN CONNECTION WITH, THIS AGREEMENT OR ANY OF THE OTHER CREDIT DOCUMENTS, AND WHETHER ARISING IN CONTRACT, TORT, EQUITY, OR OTHERWISE, SHALL BE RESOLVED IN ACCORDANCE WITH THE INTERNAL LAWS (INCLUDING, WITHOUT LIMITATION, SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW, BUT OTHERWISE WITHOUT REGARD TO THE CONFLICTS OF LAWS PROVISIONS) OF THE STATE OF NEW YORK.

assistant: Governing 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: The execution, delivery and performance of this Amendment and any agreements executed and delivered in connection herewith and the transactions contemplated hereby and thereby do not require the approval or consent of any Person or the authorization, consent, approval of or any license or permit issued by, or any filing or registration with, or the giving of any notice to, any court, department, board, commission or other governmental agency or authority other than those already obtained and any disclosure filings with the SEC as may be required with respect to this Amendment.

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

user: 4. The receiving Party hereby covenants that, during the validity period of this Agreement and for a period of five (5) years after its end or its termination, the Proprietary Information received from the disclosing Party shall: (b) be only disclosed to and used by those persons who have a need to know and solely for the purpose specified in this Agreement, within the receiving Party's organisation and to its professional advisors, provided that in this latter case the disclosing Party so notifies the other Party and obtains the authorization from the other Party to make such disclosure, such authorization not being unreasonably withheld, and provided that such advisor(s) agree(s) to be bound by the terms and conditions of this Agreement.

assistant: Yes
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: aware of judicial interpretations given to sections of an old law incorporated into a new one, and (c) familiar with previous interpretations of specific statutory language. Id. at 25 (citations omitted); see also Lorillard v. Pons, 434 U.S. 575, 581, 98 S.Ct. 866, 870, 55 L.Ed.2d 40 (1978). At the time Congress enacted § 879, the interpretation of the phrase “knowingly and wilfully” in § 871 that had been articulated in Roy and its progeny was widely accepted in the federal courts. The fact that Congress chose to adopt this and other substantially identical language in enacting § 879, which addresses a concern parallel to that engaged by § 871, bespeaks an intention to import the established general intent interpretation of § 871 into the new statute. Cf. Bonanno, 879 F.2d at 21-27 (<HOLDING>). We accordingly conclude that § 879 requires Options: A. holding that pleadings under the rico act are to be liberally construed B. holding that united states cannot sue for treble damages under rico reasoning that it could not do so under similar language of clayton act on which rico was modelled C. holding that plaintiffs cannot claim that a conspiracy to violate rico existed if they do not adequately plead a substantive violation of rico D. recognizing that to facilitate and strengthen enforcement congress created rico with a private right of action for treble damages E. holding that a plaintiff may receive both treble damages under rico and state law punitive damages for the same course of conduct

assistant: The best answer is B. holding that united states cannot sue for treble damages under rico reasoning that it could not do so under similar language of clayton act on which rico was modelled
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 State’s appeal of a criminal matter. The State is only permitted to appeal where the right is explicitly conferred by statute and where no double jeopardy can result. Id. at 315. Because the double jeopardy issue goes to the jurisdiction of the court, it is properly raised sua sponte even though it is not raised by the parties. State v. Reed, 770 S.W.2d 517, 519 (Mo.App.1989). It has been held that in a jury trial jeopardy attaches when the jury is impaneled and sworn. Serfass v. United States, 420 U.S. 377, 95 S.Ct. 1055, 43 L.Ed.2d 265 (1975). However, the conclusion that jeopardy has attached begins, rather than ends, the inquiry as to whether the Double Jeopardy Clause bars retrial. See Illinois v. Somerville, 410 U.S. 458, 467, 93 S.Ct. 1066, 1072, 35 L.Ed.2d 425, 433 (1973) (<HOLDING>). In United States v. Scott, 437 U.S. 82, Options: A. holding that since the mistrial met the manifest necessity requirement of our cases the double jeopardy clause of the fifth amendment did not bar retrial under a valid indictment B. holding that where defense counsel made a timely objection and it was overruled by the trial court a further request for a mistrial was unnecessary and futile since the reasons for the objection were apparent and the trial courts denial of the objection indicated its belief the jury could properly hear the matter which was the subject of the objection C. holding that if defendant moved for or consented to mistrial retrial of defendant was not barred on double jeopardy grounds D. holding that the granting of a mistrial due to a defect in the wording of the indictment did not prevent retrial even though the mistrial was declared after the jury was impaneled and sworn and over the objection of defendant E. holding double jeopardy did not bar retrial where a jury could not render a verdict and a mistrial was granted

assistant: The best answer is D. holding that the granting of a mistrial due to a defect in the wording of the indictment did not prevent retrial even though the mistrial was declared after the jury was impaneled and sworn and over the objection of defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall promptly reimburse Kelley Drye & Warren, LLP (counsel to the lead investor), on demand, for all reasonable, documented costs and expenses incurred by it in connection with preparing and delivering this Agreement (including, without limitation, all reasonable, documented legal fees and disbursements in connection therewith, and due diligence in connection with the transactions contemplated thereby) in an aggregate amount not to exceed $20,000.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the agreement without analysis. There seems to be no question that AHCA cannot recoup its Medicaid lien from settlement proceeds allocable to non-medical expense damages. We struggle to determine whether AHCA may satisfy its lien from funds allocated to future medical expenses. We noted earlier that AHCA and Mr. Willoughby stipulated that his future medical expenses will likely exceed $5 million. If Mr. Willoughby’s forty percent recovery versus total case value is applied to the total stipulated for all medical expenses, $5,148,000, the result yields over $2 million, more than enough to satisfy the entire lien. Yet, previous decisions from our sister districts suggested that the lien could be satisfied only from funds allocable to past medical expenses. Cf. Davis, 130 So.3d at 270 (<HOLDING>). Recently, however, in Giraldo, the First Options: A. holding that an employer is only allowed to be reimbursed from a tort recovery to the extent that the recovery duplicates the elements of damage covered by compensation benefits B. holding that recovery is limited to the portion of the medicaid recipients thirdparty recovery representing compensation for past medical expenses C. holding that the avoidance powers provide for recovery only if the recovery is for the benefit of the estate D. holding that recovery for medical expenses incurred as result of accident depends on proof of necessity and reasonableness E. holding that recovery is limited to actual compensatory damages

assistant: The best answer is B. holding that recovery is limited to the portion of the medicaid recipients thirdparty recovery representing compensation for past medical 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: be controlled by Rule 16 unless otherwise ordered by the court. [¶ 12] Thus, because Baker’s Table had no occasion or responsibility to file a motion pursuant to Rule 80B(d), the court erred in concluding that failure to move for a trial of the facts on the independent claims constituted grounds for the dismissal of those claims. B. Rule 80B(i) [¶ 13] The court entered its second order of dismissal based on Baker’s Table’s failure to comply with Rule 80B(i), requiring the complainant to request that the court specify the future course of the proceedings. There is no question that Rule 80B(i) applied to these proceedings. [¶ 1 ing good faith belief that review would be stayed by bankruptcy filing made dismissal an improper sanction); Spickler v. York, 566 A.2d 1385, 1388-89 (Me.1989) (<HOLDING>). Because the trial court must weigh these Options: A. holding sanctions were appropriate when excessive responsive pleadings were filed for purposes of delay B. holding sanctions were appropriate where party filed motions merely for purposes of delay C. holding sanctions were appropriate due to prejudice imposed on other party from failure to disclose subject matter of expert testimony D. holding sanctions were appropriate when the party had no reasonable justification for his repeated failures to designate an expert E. recognizing power of bankruptcy court to impose sanctions on parties and counsel who willfully abuse the judicial process but not finding sanctions appropriate against debtor and his attorney for their repeated bankruptcy filings

assistant: The best answer is D. holding sanctions were appropriate when the party had no reasonable justification for his repeated failures to designate an expert
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: employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties. At first blush, both the rationale and method of analysis in preemption cases are straightforward: § 301 was intended “to ensure uniform interpretation of collective-bargaining agreements.” Lingle, 486 U.S. at 404, 108 S.Ct. at 1880. Therefore, preemption will be found only if the application of state law “requires the interpretation of a collective-bargaining agreement.” Id. at 413, 108 S.Ct. at 1885; see also Ackerman v. Western Electric Co., Inc., 860 F.2d 1514, 1517 (9th Cir.1988) (<HOLDING>). The question, in sum, is whether “the state Options: A. holding that if the state law claim can be resolved without interpreting the agreement the claim is independent for 301 preemption purposes B. holding that in cases involving claims against fellow employees where the question of section 301 preemption has arisen courts have governed their determinations on the preemption by the necessity of referring to a collective bargaining agreement for resolution of the claim rather than by the individual status of the defendant C. holding that state court with jurisdiction over 301 claim should have applied federal labor law rather than state contract law D. holding that the statelaw protecting employees from retaliatory discharge was independent from the cba because the statelaw claim could be resolved without interpreting the agreement itself E. holding state law claim preempted by 301 of labor management relations act only if application of state law requires interpretation of collective bargaining agreement

assistant: The best answer is A. holding that if the state law claim can be resolved without interpreting the agreement the claim is independent for 301 preemption purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to recover the benefits that she claimed. Ms. Wilson did not initiate this action until July 28, 2011, approximately 34 months after the three year contractual time limit for a lawsuit expired. The record does not support Ms. Wilson’s request for equitable tolling of that limitation period. Doc. 19 at 22-23 (third alteration in original). We agree. A plaintiff is not reasonably diligent when she fails to investigate basic issues that are relevant to her claim or to proceed with it in a reasonably prompt fashion. See Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 453, 457-58, 112 L.Ed.2d 435 (1990) (explaining that equitable tolling generally cannot be invoked if “the claimant failed to exercise due diligence in preserving his legal rights”); Motta, 717 F.3d at 846-47 (<HOLDING>). Wilson could have requested a copy of the Options: A. holding that a prisoners claim under the ftca based on being imprisoned for an extra ten days did not call into question the conviction or sentence and was not barred by heck B. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment C. holding that the plaintiffs claim against the united states for negligence was not a tort claim within the ftca where it was founded upon an alleged failure to perform explicit or implicit contractual obligations D. holding that plaintiff established a prima facie claim of retaliation because the defendants failure to transfer her out of her abusive working environment could be viewed as an adverse personnel action and there was a causal link between the filing of plaintiffs complaint and the defendants failure to transfer her E. holding that equitable tolling could not apply to the plaintiffs ftca claim because she was not diligent and her lack of diligence was evidenced by her failure to call the ftca helpline search a website that included a relevant link or ask for an address before the limitations period ran

assistant: The best answer is E. holding that equitable tolling could not apply to the plaintiffs ftca claim because she was not diligent and her lack of diligence was evidenced by her failure to call the ftca helpline search a website that included a relevant link or ask for an address before the limitations period ran
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: Notice of each meeting shall be in writing and shall state the meeting’s place, day and hour, and, in case of a special meeting, the purposes for which the meeting is called. The notice shall be delivered not less than ten nor more than sixty days before the meeting date and shall be delivered in accordance with the notice provisions contained in Section 12.2 . Notice may be waived as provided in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Guarantor shall promptly pay to the Guaranteed Parties the amount (as reduced by the amounts paid by the Company) of any and all reasonable out-of-pocket costs and expenses of the Guaranteed Parties (both before and after the execution hereof) in connection with (a) the development, preparation and execution of, and any amendment, supplement or modification to this Guarantee and any of the other Credit Documents and any other documents prepared in connection herewith or therewith, and the consummation and administration of the transactions contemplated hereby and thereby, (b) any action by any Guaranteed Party to commence, defend, or intervene in any litigation or to file a petition complaint, answer, motion or other pleadings necessary to protect or enforce the rights of the Guaranteed Parties under this Guarantee or any other Credit Document, provided that only the Administrative Agent, for and on behalf of itself or any Guaranteed Party, may commence any such litigation, (c) the taking by any Guaranteed Party of any other action in or with respect to any suit or proceeding (bankruptcy or otherwise) necessary to protect the rights of the Guaranteed Parties under this Guarantee or any other Credit Document or to respond to any subpoena, deposition or interrogatory with respect to any litigation involving the Guarantor, or (d) the taking by any Guaranteed Party of any action to attempt to enforce or to enforce any rights of the Guaranteed Parties to collect any of the Obligations, including all reasonable fees, expenses and disbursements of attorneys and paralegals. Any payments to be made by the Guarantor under this Section 7.2 shall be made within 30 days of the demand therefor.

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: is insufficient to meet the burden of demonstrating changed circumstances that affect Billy’s welfare. In part, he contends it would be “against public policy” to permit his deployment to “negatively affect [his] custody” rights because our military personnel would be “discouraged” from service as a result. He further contends that without “expert or evaluator opinion on the matter,” the judge properly denied defendant’s request. The issue, however, is two-fold and sequential. Defendant must first make “a prima facie showing ... that a genuine issue of fact exists bearing upon a critical question such as the best interests of the child[ ] ....” Pfeiffer v. Ilson, 318 N.J.Super. 13, 14, 722 A.2d 966 (App.Div.1999). Once a prima facie showing is made, defenda 9 A.2d 178 (App.Div.1998) (<HOLDING>). We agree that but for plaintiffs impending Options: A. holding that accident report was necessary to presentation of case and exclusion was in error B. holding harmless the improper admission of a social workers hearsay testimony concerning a childs report of sexual abuse where the credibility of the childs testimony was supported by other witnesses C. holding that a plenary hearing was necessary based upon mothers certification and school social workers report of childs behavioral problems D. holding that a single father who relocated to care for an elevenyearold son with emotional and behavioral problems had a necessitous and compelling reason for leaving his employment E. holding social workers report about plaintiffs statements was admissible through the combined effect of rules 801d2a and 8036

assistant: The best answer is C. holding that a plenary hearing was necessary based upon mothers certification and school social workers report of childs behavioral problems
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: Unless otherwise specifically provided herein, any notice or other communication herein required or permitted to be given to a Credit Party, the Collateral Agent or the Administrative Agent, shall be sent to such Person’s address as set forth on Appendix B or in the other relevant Credit Document, and in the case of any Lender, the address as indicated on Appendix B or otherwise indicated to the Administrative Agent in writing. Each notice hereunder shall be in writing and may be personally served, emailed, telexed or sent by facsimile or United States mail or courier service and shall be deemed to have been given when delivered in person or by courier service and signed for against receipt thereof, upon receipt of email, facsimile or telex, or three Business Days after depositing it in the United States mail with postage prepaid and properly addressed; provided , no notice to any Agent shall be effective until received by such Agent.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this `` alternative dispute resolution process '' shall be initiated by either party sending notice to the other , in which event you and evernote agree to use our reasonable efforts to agree within thirty ( 30 ) days upon an individual or service to manage the alternative dispute resolution process ( the `` arbitration manager '' ) according to the following requirements : ( i ) neither party shall be required to attend any proceeding in person , ( ii ) the proceeding will be conducted via written submissions , telephone or online communications or as otherwise agreed upon , ( iii ) the fees for the arbitration manager will be borne equally by the parties or be submitted to the arbitration manager to determine as part of the dispute and ( iv ) the judgment rendered by the arbitration manager may be entered in any court of competent jurisdiction for enforcement .

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 financial statements of Seller, copies of which have been furnished to Purchasers, (i) are, as of the dates and for the periods referred to therein, complete and correct in all material respects, (ii) present fairly the financial condition and results of operations of Seller as of the dates and for the periods indicated and (iii) have been prepared in accordance with GAAP consistently applied, except as noted therein (subject as to interim statements to normal year‑end adjustments). Since the date of the most recent financial statements, there has been no Material Adverse Change with respect to Seller. Except as disclosed in such financial statements or pursuant to Section 14(i) hereof, Seller is not subject to any contingent liabilities or commitments that, individually or in the aggregate, have a material possibility of causing a Material Adverse Change with respect to Seller.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any controversy , claim or dispute arising out of or relating to this Agreement , shall be settled solely and exclusively by a binding arbitration process administered by JAMS in Somerset County , New Jersey . Such arbitration shall be conducted in accordance with the then­ existing JAMS Rules of Practice and Procedure , before a sole arbitrator pursuant to its Streamlined Arbitration Rules and Procedures. The rules can be found at www.jamsadr.com/adr-rules ­ procedure s/ , or a copy will be provided upon request. T he arbitrator shall: (i) provide adequate discover y for the resolution of the dispute ; and (ii) issue a written arbitration decision , to include the arbitrator ' s essential findings and conclusions and a statement of the award . Except to the extent of filing fees Executive would incur were the matter to be litigated in court , the Company shall be responsible for the JAMS administrative fees and the arbitrator ' s fees and costs . The arbitrator shall award the prevailing Party attorneys ' fees and expert fees , if any. The Parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive . All such controversies , claims or disputes shall be settled in this manner in lieu of any action at law or equity ; provided, however, that nothin g in this subsection shall be construed as precluding the bringing of an action for injunctive relief or specific performance as provided in this Agreement or the Confidentiality Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the neutral arbitrator shall disclose the existence , contents or results of such process without the prior written consent of all Parties , except where necessary or compelled in a court to enforce this arbitration provision or an award from such arbitration or otherwise in a legal proceeding . Executive and the Company understand that by agreement to arbitrate any claim pursuant to this Section 9, they will not have the right to have any claim decided by a jury or a court, but shall instead have any claim decided through arbitration. Executive and the Company waive any constitutional or other right to bring claims covered by this Agreement other than in their individual capacities. Except as may be prohibited by applicable law , the foregoing waiver includes the ability to assert claims as a plaintiff or class member in any purported class or representative proceeding.

assistant: Arbitration
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 no event shall the total aggregate liability of the protected entities to you for all damages , losses , and causes of action ( whether in contract or tort , including , but not limited to , negligence or otherwise ) arising from these terms of use or your use of the products exceed , in the aggregate , the amount , if any , paid by you to headspace for your use of the products .

assistant: Limitation of liability