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: defense of her Indian status, and should not be considered for any purpose on appeal. Even so, these offenses show nothing pertinent because, for all we know, they are not even Bruce’s and we have no way of knowing whether tribal jurisdiction was contested or conceded. 2 . United States v. Rogers, 45 U.S. 567, 4 How. 567, 11 L.Ed. 1105 (1846). 3 . See Keys, 103 F.3d at 761(stating that lack of enrollment of two-year old who had been treated as member of the tribe by the tribe and her parents does not control determination of her Indian status); United States v. Broncheau, 597 F.2d 1260, 1263 (9th Cir. 1979) (upholding § 1153 indictment that charged defendant as an Indian against challenge that it was deficient for failing also to charge that he was enrolled as enrollment th Cir.1976) (<HOLDING>); United States v. Heath, 509 F.2d 16, 19 (9th Options: A. holding that evidence of having filed an application for enrollment in the yurok tribe and previous entry on the pawnee tribal roll and the fact that defendants had held themselves out to be indians within the meaning of 1153 established indian status under 1153 B. holding that a tribe had the inherent authority to prosecute a nonmember indian for assaulting a tribal member while on the reservation and that federal assault charges stemming from the same incident and filed after the nonmembers tribal assault conviction were based on a separate power source and therefore did not violate the double jeopardy clause C. holding that there was no constitutional problem because defendants were not subjected to federal criminal jurisdiction under 1153 on account of their indian race but because they are enrolled members of the coeur dalene tribe D. holding that indian tribes could only exercise criminal jurisdiction over tribal members and not other indians E. holding that alleged victim was nonindian given that she was not an enrolled member of the oglala sioux tribe or any other tribe and wasnt eligible for enrollment because she had not completed the requirements for tribal enrollment the medical services she had received from the indian health service were not in her own right the fact that the oglala sioux tribe had taken custody and placed the victim under the care of her grandmother an enrolled member was too insignificant an involvement to show tribal recognition as the victim was not enrolled or eligible for enrollment and she did not attend powwows indian dances or other indian cultural events and lived offreservation except for a brief period before she was abused

assistant: The best answer is A. holding that evidence of having filed an application for enrollment in the yurok tribe and previous entry on the pawnee tribal roll and the fact that defendants had held themselves out to be indians within the meaning of 1153 established indian status under 1153
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive is or has been materially unable for any reason to perform his duties hereunder for 120 days during any period of 150 consecutive days, Company shall have the right to terminate Executive’s employment upon 30 days’ prior written notice to Executive at any time during the continuation of such inability, in which event Company shall thereafter be obligated to continue to pay Executive’s Base Salary for a period of 36 months, periodically in accordance with Company’s regular payroll practices and, within 30 days of such notice, shall pay any other amounts (including salary, bonuses, expense reimbursement, etc.) that have been fully earned by, but not yet paid to, Executive under this Agreement as of the date of such termination. The amount of payments to Executive under disability insurance policies paid for by Company shall be credited against and shall reduce the Base Salary otherwise payable by Company following termination of employment. If, for the year in which Executive’s employment is terminated pursuant to this Section, Company achieves the performance goals established in accordance with any incentive plan in which Executive participates, Company shall pay Executive an amount equal to the bonus that Executive would have received had he been employed by Company for the full year, multiplied by a fraction, the numerator of which is the number of calendar days Executive was employed in such year and the denominator of which is 365. Executive shall be entitled for a period of 36 months, to continue to receive at Company’s expense medical benefits coverage (as described in Section 3.3) for Executive and Executive’s spouse and dependents (if any) if and to the extent Company was paying for such benefits to Executive and Executive’s spouse and dependents at the time of such termination.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the burden shifts to the defendant to rebut the presumption of discrimination by “producing evidence that the adverse employment actions were taken for a legitimate, nondiscriminatory reason.” Id. Finally, if the rebuttal is successful, the burden shifts back to the plaintiff to show that the employer’s nondiscriminatory reason was pretext. Id. However, where the defendant asserts a legitimate, non-retaliatory explanation for the alleged adverse actions, “the district court should ... proceed[ ] to the ultimate issue of retaliation vel non instead of evaluating whether [plaintiff] made out a prima facie case.” Jones v. Bernanke, 557 F.3d 670, 678 (D.C.Cir.2009) (citing United States Postal Service Bd. Of Governors v. Aikens, 460 U.S. 711, 716, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983) (<HOLDING>)). In this case, the parties do not dispute Options: A. holding that once the employee makes its prima facie showing the burden then shifts to the employer to prove that legitimate reasons supported the termination B. holding that if the plaintiff makes a prima facie case the defendant employer must then articulate some legitimate nonretaliatory reason for the adverse action and the employee must then have a fair opportunity to show pretext that is that a discriminatory intent motivated the employers action C. holding that once an employer asserts a legitimate nondiscriminatory reason for its action it has done everything that would be required if the plaintiff had properly made out a prima facie case so whether the plaintiff really did so is no longer relevant D. holding in a race discrimination case that close timing is an element of the plaintiffs prima facie case but insufficient on its own to rebut a legitimate nondiscriminatory reason that explains the action and its timing E. holding that in title vii disparate treatment case in order for a plaintiff to establish a prima facie case the plaintiff must proffer evidence among other things that she performed her job according to her employers legitimate expectations if the plaintiff establishes the prima facie case the presumption shifts the burden to the employer to produce a legitimate nondiseriminatory reason for its actions

assistant: The best answer is C. holding that once an employer asserts a legitimate nondiscriminatory reason for its action it has done everything that would be required if the plaintiff had properly made out a prima facie case so whether the plaintiff really did so is no longer relevant
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 consents to the Lender taking any and all steps that Lender deems reasonably necessary to ensure that Lender has obtained a valid and perfected security interest in the Collateral. Accordingly, Borrower consents to having Lender file any liens, financing statements, or any other documentation, as required by the California Commercial Code or any other laws, rules, or regulations in order to establish Lender’s Security Interest in the Collateral and/or perfect Lender’s Security Interest.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the proviso in Section 3.2(c) above, each Seller, by accepting the Purchase Price related to each purchase of such Seller’s Receivables and Related Security, shall be deemed to have certified that the representations and warranties of such Seller contained in Article II are true and correct as to such Seller on and as of the day of such purchase, with the same effect as though made on and as of such day.

assistant: Warranties
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: Daniel M. Pina, a California state prisoner, appeals pro se from the district court’s summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action alleging he was denied due process while being held in administrative segregation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Balint v. Carson City, Nev., 180 F.3d 1047, 1050 (9th Cir.1999) (en banc). We affirm. The district court properly concluded that, to the extent Pina demonstrated a liberty interest, his segregation from other prisoners and the definition of active gang member, were rationally related to prison safety. See Richardson v. City and County of Honolulu, 124 F.3d 1150, 1162 (9th Cir.1997) (<HOLDING>). The district court also properly concluded Options: A. holding that if status is not a fundamental right and that 1915g is rationally related to the legitimate end of deterring frivolous lawsuits B. holding substantive due process not violated when licensing decisions are based on scheme rationally related to a governmental interest C. holding that a state action that neither utilizes suspect classifications nor implicates fundamental rights will violate substantive due process rights only where it is shown that the action is not rationally related to a legitimate governmental purpose D. holding that the particular method is not rationally related to legitimate government interest if it is clearly arbitrary and unreasonable E. holding that juvenile pretrial detention implicates due process rights

assistant: The best answer is C. holding that a state action that neither utilizes suspect classifications nor implicates fundamental rights will violate substantive due process rights only where it is shown that the action is not rationally related to a legitimate governmental purpose
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 Original Agreement, as amended by this Amendment, collectively sets forth the entire understanding and agreements of the Parties in relation to the subject matter hereof and supersede any prior negotiations and agreements between the Parties relative to such subject matter.

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 case excerpt and choose the best holding from the options. Case excerpt: of protection for "free citizens” from the rights accorded pretrial detainees (under the Fourteenth Amendment) and criminal convicts (under the Eighth Amendment). See Lewis, 523 U.S. at 843, 118 S.Ct. at 1715. 4 . This statement has led at least one court to refer to Justice Rehnquist's reasoning, specifically his reliance on the Fourth Amendment’s text, as only adopted by a plurality. See Lamont v. Woods, 948 E.2d 825, 835 (2d Cir. 1991) (explaining that "[t]o a plurality of the Court, the use of the phrase ‘the people’ suggested that the Framers of the Constitution intended the amendment to apply only to ■those persons who were part of or substan tially connected to the national community”). But it does not throw Chief Justice Rehnquist’s holding,, that only aliens 329 (Fed.Cir.2008) (<HOLDING>); United States v. Barona, 56 F.3d 1087, Options: A. holding that a foreign citizen with no substantial connections to the us has no claim under the fifth amendments takings clause B. holding that prior circuit precedent that the fifth amendments takings clause subsumes or preempts substantive due process claims was undermined by lingle C. holding that no takings claim can arise unless a permit is denied D. holding that taxes are not takings unless the government tries to achieve through special taxes what the takings clause of the fifth amendment forbids if done directly E. holding that rights in a government benefits program were not vested property for purposes of the takings clause of the fifth amendment

assistant: The best answer is A. holding that a foreign citizen with no substantial connections to the us has no claim under the fifth amendments takings 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when a member is removed as a co-host , that member will no longer have access to any host or guest information related to the applicable host 's listing ( s ) .

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: the comment in order to avoid drawing undue attention to it. See, e.g., Quinones v. Miller, 2003 WL 21276429, at *50 n. 78 (S.D.N.Y. June 3, 2003) (citing Buehl v. Vaughn, 166 F.3d 163, 176 (3d Cir.) (agreeing with state court’s conclusion that “[b]ecause the [objectionable] statements were fleeting, ... ‘trial counsel may have wished to avoid emphasizing what might have gone relatively unnoticed by the jury.’ ”), cert. dismissed, 527 U.S. 1050, 119 S.Ct. 2418, 144 L.Ed.2d 815 (1999); United States v. Grunberger, 431 F.2d 1062, 1069 (2d Cir.1970) (“[I]t is understandable that a defense counsel may wish to avoid underscoring a prejudicial remark in the minds of the jury by drawing attention to it [through an objection].”); United States v. Corcoran, 855 F.Supp. 1359, 1371 (E.D.N.Y.1994) (<HOLDING>), aff'd, 100 F.3d 944 (2d Cir.), cert. denied, Options: A. holding that where defendant sought to exclude evidence prior to trial and again just prior to witnesss testimony at issue it was not necessary for defendant to object to testimony when it was actually put before jury B. holding that trial counsel made a reasonable tactical decision not to object to damaging testimony as it would merely serve to highlight the testimony C. holding that defense counsels failure to object to testimony did not warrant a new trial because there was no prejudice from admission of the testimony D. holding plaintiffs waived their right to appellate review of the admission of an experts testimony by failing to object to it at trial E. holding that counsel may well have made a reasonable tactical choice to not object to arguably inadmissible testimony

assistant: The best answer is B. holding that trial counsel made a reasonable tactical decision not to object to damaging testimony as it would merely serve to highlight the testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed exclusively by and construed according to the laws of the State of Delaware as applied to contracts between Delaware residents entered into and to be performed entirely within Delaware. This Agreement is intended to be an agreement of the type contemplated by Section 145(f) of the General Corporation Law of Delaware. The Company and Indemnitee hereby irrevocably and unconditionally: (a) agree that any action or proceeding arising out of or in connection with this Agreement shall be brought only in the Delaware Court and not in any other state or federal court in the United States, (b) consent to submit to the exclusive jurisdiction of the Delaware Court for purposes of any action or proceeding arising out of or in connection with this Agreement, and (c) waive, and agree not to plead or make, any claim that the Delaware Court lacks venue or that any such action or proceeding brought in the Delaware Court has been brought in an improper or inconvenient forum.

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 case excerpt and choose the best holding from the options. Case excerpt: fair opportunity to defend while witnesses are available and the evidence is fresh in their minds. See Natural Gas Pipeline Co. of America v. Pool, 124 S.W.3d 188,199 (Tex.2003); Willis v. Maverick, 760 S.W.2d 642, 644 (Tex.1988). Statutes of limitations also prevent fraudulent and stale claims from surprising the other party. See Pool, 124 S.W.3d at 199; Hallaway v. Thompson, 148 Tex. 471, 478, 226 S.W.2d 816, 820 (1950). However, allowing a “John Doe” petition to toll limitations would expand the period for filing claims indefinitely, discourage prompt investigation and resolution of claims, and potentially deny defendants otherwise available defenses. See Moore v. Michelin Tire Co., 603 N.W.2d 513, 523 (S.D.1999); see also Grobe v. McBryde, 105 Ariz. 577, 468 P.2d 936, 939-40 (1970) (<HOLDING>); Lunn v. American Maint. Corp., 96 Nev. 787, Options: A. holding that the concealment of ones identity does not toll the running of the statute of limitations B. holding that under the law of the district of columbia the filing of a complaint does not toll the statute of limitations on a counterclaim C. recognizing that statute of limitations may be tolled indefinitely for legally incompetent persons D. holding that duress toll to statute of limitations under state law had no application to federal rico statute of limitations E. recognizing potential abuse inherent in permitting the use of fictitious names to toll limitations indefinitely while the plaintiff perfects his case

assistant: The best answer is E. recognizing potential abuse inherent in permitting the use of fictitious names to toll limitations indefinitely while the plaintiff perfects his case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you and airbnb mutually agree that any dispute , claim or controversy arising out of or relating to these terms or the breach , termination , enforcement or interpretation thereof , or to the use of the airbnb platform , the host services , or the collective content ( collectively , `` disputes '' ) will be settled by binding arbitration ( the `` arbitration agreement '' ) .

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: except where prohibited , you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the services under the rules of the american arbitration association .

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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary herein, it is expressly understood that Guarantor’s liability under this Guaranty, and the remedies available to PE Member to enforce payment and performance of the Guaranteed Obligations, shall be subject to the limitations on the liability of Developer, R/O Member and/or their Affiliates set forth in Sections 10.02(a) and 10.02(b) of the Development Agreement and Section 11.03 of the Operating Agreement. Notwithstanding the foregoing, the limitations on liability set forth in Sections 10.02(a) and 10.02(b) of the Development Agreement and Section 11.03 of the Operating Agreement do not apply to the Guaranteed Obligations referenced in Section 1(a)(ii) .

assistant: Remedies
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 OF SUBORDINATED CREDITOR AND THE COMPANY HEREBY CONSENTS TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED WITHIN THE COUNTY OF COOK, STATE OF ILLINOIS AND IRREVOCABLY AGREES THAT, SUBJECT TO SENIOR LENDERS’ ELECTION, ALL ACTIONS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LITIGATED IN SUCH COURTS. EACH OF SUBORDINATED CREDITOR AND THE COMPANY EXPRESSLY SUBMITS AND CONSENTS TO THE JURISDICTION OF THE AFORESAID COURTS AND WAIVES ANY DEFENSE OF FORUM NON CONVENIENS. EACH OF SUBORDINATED CREDITOR AND THE COMPANY HEREBY WAIVES PERSONAL SERVICE OF ANY AND ALL PROCESS AND AGREES THAT ALL SUCH SERVICE OF PROCESS MAY BE MADE UPON IT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, ADDRESSED TO SUBORDINATED CREDITOR AND THE COMPANY AT THEIR RESPECTIVE ADDRESSES SET FORTH IN THIS AGREEMENT AND SERVICE SO MADE SHALL BE COMPLETE TEN (10) DAYS AFTER THE SAME HAS BEEN POSTED. IN ANY LITIGATION, TRIAL, ARBITRATION OR OTHER DISPUTE RESOLUTION PROCEEDING RELATING TO THIS AGREEMENT, ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF SUBORDINATED CREDITOR, THE COMPANY OR ANY OF THEIR RESPECTIVE AFFILIATES SHALL BE DEEMED TO BE EMPLOYEES OR MANAGING AGENTS OF SUBORDINATED CREDITOR OR THE COMPANY, AS APPLICABLE, FOR PURPOSES OF ALL APPLICABLE LAW OR COURT RULES REGARDING THE PRODUCTION OF WITNESSES BY NOTICE FOR TESTIMONY (WHETHER IN A DEPOSITION, AT TRIAL OR OTHERWISE). EACH OF SUBORDINATED CREDITOR AND THE COMPANY AGREES THAT AGENT’S OR SENIOR LENDERS’ COUNSEL IN ANY SUCH DISPUTE RESOLUTION PROCEEDING MAY EXAMINE ANY OF THESE INDIVIDUALS AS IF UNDER CROSS-EXAMINATION AND THAT ANY DISCOVERY DEPOSITION OF ANY OF THEM MAY BE USED IN THAT PROCEEDING AS IF IT WERE AN EVIDENCE DEPOSITION. EACH OF SUBORDINATED CREDITOR AND THE COMPANY IN ANY EVENT WILL USE ALL COMMERCIALLY REASONABLE EFFORTS TO PRODUCE IN ANY SUCH DISPUTE RESOLUTION PROCEEDING, AT THE TIME AND IN THE MANNER REQUESTED BY AGENT OR ANY SENIOR LENDER, ALL PERSONS, DOCUMENTS (WHETHER IN TANGIBLE, ELECTRONIC OR OTHER FORM) OR OTHER THINGS UNDER ITS CONTROL AND RELATING TO THE DISPUTE.

assistant: Consent To Jurisdiction
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 Lender may at any time, without the consent of, or notice to, Borrower or Agent, sell participations to any Person (other than a natural Person or Borrower or any of Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, and (iii) Borrower, Agent, Issuing Bank and the Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.05 (d) with respect to any payments made by such Lender to its Participant(s).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than consummating the transactions contemplated hereunder, such Purchaser has not, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, directly or indirectly executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement. Other than to other Persons party to this Agreement or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, employees, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for the avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to locating, reserving or borrowing shares in order to effect Short Sales or similar transactions in the future.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are required to pay a filing fee to commence arbitration against the company , then the company will promptly reimburse you for your confirmed payment of the filing fee upon the company 's receipt of notice at the arbitration notice address that you have commenced arbitration along with a receipt evidencing payment of the filing fee , unless your demand is equal to or greater than u.s. $ 1,000 or was filed in bad faith , in which case you are solely responsible for the payment of the filing fee .

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: Court’s findings of fact regarding the § 2G2.2(b)(5) enhancement were erroneous. See United States v. Foster, 155 F.3d 1329, 1331 (11th Cir. 1998). The District Court did not clearly err in finding the government proved the factual basis for the enhancement by a preponderance of the evidence. See Askew, 193 F.3d at 1183. B. TEMPORAL PROXIMITY Second, Mr. Alberts says even assuming he engaged in sexual acts with his younger relatives when he was a teenager, this happened 30 years ago and is therefore “too attenuated” and “egregiously too far into the past as a matter of law” to support a “pattern of activity” enhancement under USSG § 2G2.2(b)(5). He concedes this argument is foreclosed by this Court’s binding precedent in United States v. Turner, 626 F.3d 566, 572 (11th Cir. 2010) (<HOLDING>). However he wishes to preserve the argument Options: A. holding that plaintiffs allegation that defendant engaged in multiple instances of mail and wire fraud did not allege pattern of racketeering activity with sufficient particularity B. holding evidence of outofstate instances of abuse admissible in child sexual abuse case to show intent opportunity and relationship between defendant and victim C. holding that incidents of sexual abuse that occurred from 19741978 could establish a pattern of activity for purposes of sentencing in 2001 D. holding that 2g22b5 does not place a time limit on past instances of sexual abuse or exploitation a court may consider in finding a pattern of activity E. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse

assistant: The best answer is D. holding that 2g22b5 does not place a time limit on past instances of sexual abuse or exploitation a court may consider in finding a pattern of activity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: were free from its control and direction. Id. at 1 30. 110 We granted certiorari to review the court of appeals' determination that Diligent failed to prove that the 220 drivers were actually independent contractors under seetion 8-70-115. II. Standard of Review 111 The employer has the burden of proving that the putative employee is an independent contractor under section 8-70-115. Long View Sys. Corp. USA v. Indus. Claim Appeals Office, 197 P.3d 295, 298 (Colo.App.2008). Whether the employer has met this burden is a question of fact. Id. We will not disturb the ICAO panel's determination as long as the ICAO panel properly applied the law and the findings of fact support its conclusion. § 8-74-107(6)(c) to (d), C.R.S. (2018); Allen Co. v. Indus. Comm'n, 762 P.2d 677, 680 (Colo.1988) (<HOLDING>). However, whether the ICAO panel applied the Options: A. recognizing that the district courts decision to termi nate parental rights will be upheld by this court if it is supported by substantial evidence B. holding that the icaos decision should not be disturbed if it is supported by substantial evidence C. holding that if a decision below is correct it will not be disturbed on appeal even though the lower court relied upon wrong reasons D. holding that substantial evidence supports an adverse credibility finding if it is supported by specific cogent reasons E. holding that trial courts determination of whether defendant accepted responsibility should not be disturbed unless it is without foundation

assistant: The best answer is B. holding that the icaos decision should not be disturbed if it is supported by substantial evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions. Submitted this 1st day of April, 2011. 1 . When parties fail to file timely objections to a magistrate judge’s report and recommendation, the Federal Magistrates Act does not require a district court to review the report before accepting it. Thomas v. Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 ) (<HOLDING>); Oldrati v. Apfel, 33 F.Supp.2d 397, 399 Options: A. holding the appellate standard of review in fourth amendment search and seizure cases is limited to determining whether any evidence supports the trial courts finding and the appellate court may only reverse where there is clear error B. holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record C. holding that the role of the courts is limited to ascertaining whether there exists one of the specific grounds for the vacation of an award as provided in 10 of the arbitration act and that the court should not review the arbitration proceeding for errors of law or fact D. holding without a transcript of proceedings below review on appeal is limited to errors of law that are apparent on face of record E. holding that the courts review is limited to ascertaining whether there is clear error on the face of the record

assistant: The best answer is E. holding that the courts review is limited to ascertaining whether there is clear error on the face of the record
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: Lessee shall, at its sole cost and expense, procure and maintain (or cause to be procured and maintained) during the Lease Term of this Facilities Lease, and during the term of the Ground Lease if longer than the Lease Term of this Facilities Lease, insurance coverage with respect to the Bond Financed Property as described in the Ground Lease (including Section 11 thereof) as if the Bond Financed Property were Lessee Improvements. The obligations of this paragraph shall survive expiration of termination of this Facilities Lease; provided that, if Lessee exercises its rights specified in Section 4.2 hereof, the Bond Financed Property acquired pursuant to Section 4.2 shall automatically qualify as Lessee Improvements as provided in the Ground Lease, and this Facilities Lease shall be terminated.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: double jeopardy issue. But even in the unlikely event that our supreme court intended Rule 27(d) to supersede the double jeopardy clause, and to abrogate the constitutional protections that normally attend the mid-trial dismissal of a jury in a criminal case, we could not lawfully enforce that supposed intention. As the Supreme Court of the Territory of New Mexico noted almost a century ago, "It is ... not within the power of the Legislature to take away from the citizens the constitutional guarantee of immunity from [a] second jeopardy." United States v. Awrandt, 15 NM. 292, 107 P. 1064, 1067 (1910). This same principle limits the actions of our supreme court when it acts in its legislative capacity, promulgating rules of procedure. See Etheredge v. Bradley, 502 P.2d 146 (Alaska 1972) (<HOLDING>). Moreover, in the absence of clear legislative Options: A. holding the argument that the state and federal constitutions required appointed counsel in adoption proceeding was not preserved B. holding that the former alaska civil rule governing prejudgement attachments violated the due process clauses of both the state and the federal constitutions C. holding that lsacc art 160 prior to its amendment in 1979 was unconstitutional as a violation of the equal protection clauses of the state and federal constitutions D. holding that the due process and equal protection clauses do not trigger tucker act jurisdiction in the courts E. holding that philadelphias procedures for adjudicating parking violations satisfy the due process requirements of both the united states and the pennsylvania constitutions

assistant: The best answer is B. holding that the former alaska civil rule governing prejudgement attachments violated the due process clauses of both the state and the federal constitutions
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 provisions of this 2016-1 Servicing Supplement and the 2016-1 Servicing Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Company and each of its Restricted Subsidiaries has timely filed all federal income tax returns and all other material tax returns, domestic and foreign, required to be filed by it and has paid all material taxes and assessments payable by it which have become due, except for those contested in good faith and adequately disclosed and fully provided for on the financial statements of the Company and its Restricted Subsidiaries in accordance with GAAP. Each of the Company and each of its Restricted Subsidiaries has at all times paid, or has provided adequate reserves (in the good faith judgment of the management of the Company) for the payment of, all federal, state and foreign income taxes applicable for all prior fiscal years and for the current fiscal year to date.

assistant: Payments
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 notice required to be given herein by the Trustee, an Employer, or the Committee, shall be deemed delivered when (a) personally delivered, or (b) placed in the United States mail, postage prepaid, in an envelope addressed to the last known address of the person to whom the notice is given.

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 execution, delivery and performance by the Borrower and the Parent of this Amendment are within the Borrower’s limited liability company powers and the Parent’s partnership powers, have been duly authorized by all necessary action, require no action by or in respect of, or filing with, any governmental body, agency or official and do not violate or constitute a default under any provision of applicable law or any material agreement binding upon the Borrower, the Parent or any other Loan Party or result in the creation or imposition of any Lien upon any of the assets of the Borrower, the Parent or any other Loan Party except Liens permitted by Section 7.01 of the Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Corporation shall pay, or reimburse you for, all administrative fees and costs, and all arbitrator’s fees and expenses incurred by you in connection with any Dispute arising out of or related to this Agreement. Any reimbursements payable to you pursuant to this Section 10(iii) shall be paid to you no later than December 31 of the year following the year in which the cost was incurred. The amount of expenses reimbursed in one year shall not affect the amount eligible for reimbursement in any subsequent year, and your right to reimbursement under this Section 10(iii) will not be subject to liquidation or exchange for another benefit.

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 legal provision and list the applicable contract clause categories. Provision: Jury Trial . SUBJECT TO SECTION 8.3, ALL JUDICIAL PROCEEDINGS BROUGHT AGAINST THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OBLIGATIONS HEREUNDER, OR THE TRANSACTIONS CONTEMPLATED HEREBY, SHALL BE BROUGHT IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE OF DELAWARE. BY EXECUTING AND DELIVERING THIS AGREEMENT, THE PARTIES, IRREVOCABLY (A) ACCEPT GENERALLY AND UNCONDITIONALLY THE EXCLUSIVE JURISDICTION AND VENUE OF SUCH COURTS, (B) WAIVE ANY OBJECTIONS WHICH SUCH PARTY MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY OF THE AFORESAID ACTIONS OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, ANY OBLIGATIONS HEREUNDER OR THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT IN THE COURTS REFERRED TO IN CLAUSE (A) ABOVE AND HEREBY FURTHER IRREVOCABLY WAIVE AND AGREE NOT TO PLEAD OR CLAIM IN ANY SUCH COURT THAT SUCH ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, (C) AGREE THAT SERVICE OF ALL PROCESS IN ANY SUCH PROCEEDING IN ANY SUCH COURT MAY BE MADE BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH PARTY AT THEIR RESPECTIVE ADDRESSES PROVIDED IN ACCORDANCE WITH SECTION 8.6, AND (D) AGREE THAT SERVICE AS PROVIDED IN CLAUSE (C) ABOVE IS SUFFICIENT TO CONFER PERSONAL JURISDICTION OVER SUCH PARTY IN ANY SUCH PROCEEDING IN ANY SUCH COURT, AND OTHERWISE CONSTITUTES EFFECTIVE AND BINDING SERVICE IN EVERY RESPECT. EACH PARTY HERETO ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ANY OF THE AGREEMENTS DELIVERED IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) As of the Closing 2018 Refinancing Amendment Effective Date, neither the no Loan Parties nor any of their Subsidiaries Party owns any Real Property with a value in excess of $5,000,000 . Each Loan Party and each of its Restricted Subsidiaries has a valid leasehold interest in, all real property necessary or used in the ordinary conduct of its business, except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to termination under Section 9, the Executive’s employment shall be for an initial term of 24 months commencing on the Effective Date and shall continue through the second anniversary of the Effective Date (the “Initial Employment Term”). At the end of the Initial Employment Term and on each succeeding anniversary of the Effective Date, the Employment Term will be automatically extended by an additional 12 months (each, a “Renewal Term”), unless, not less than 12 months prior to the end of the Initial Employment Term or any Renewal Term, either the Executive or the Company has given the other written notice (in accordance with Section 20) of nonrenewal. The Executive shall provide the Company with written notice of her intent to terminate employment with the Company at least 30 days prior to the effective date of such termination.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The Court’s Resolution. Plaintiff is correct that 13 C.F.R. § 125.1(g) does not allow a contractor to include indirect costs, such as the REDACTED fee included in STOPSO’s proposal. AR Tab 13 at 2494 (REDACTED fee line). For that reason, the FBI contracting officer recalculated STOPSO’s “Proposal Cost/Price Fee: Total Price Summary” to exclude the REDACTED fee. AR Tab 46a, at 3476. In doing so, the contracting officer confirmed that STOPSO’s proposal was compliant and still well below Plaintiffs proposed price. Although the contracting officer could have brought this issue to the attention of STOP-SO for correction, under these circumstances, the court does riot consider the contracting officer’s decision to make the correction a material error. See Axiom Res. Mgmt., 564 F.3d at 1381 (<HOLDING>). To establish a lack of a rational basis, a Options: A. holding that the court must find that the agency entirely failed to consider an important aspect of the problem offered an explanation for its decision that runs counter to the evidence before the agency or the decision is so implausible that it could not be ascribed to a difference in view or the product of agency expertise B. holding law court will not overturn conclusions supported by competent and substantial evidence C. holding that an award for punitive damages must be supported by clear unequivocal and convincing evidence D. holding an agency decision is not final during the time the agency considers a petition for review E. holding that an error by the procuring agency must be clear and prejudicial to overturn an award decision

assistant: The best answer is E. holding that an error by the procuring agency must be clear and prejudicial to overturn an award decision