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: own terms, § 1981 “explicitly applies to ‘all persons ’ ” and not simply groups of individuals, McDonald, 427 U.S. at 287, 96 S.Ct. 2574 (quoting 42 U.S.C. § 1981(a)), the majority’s holding that § 1981 protects groups instead of “all persons ” contradicts the statute’s plain meaning. Indeed, as the Supreme Court has made clear, “[§ ] 1981, at a minimum, reaches discrimination against an individual because he or she is genetically part of an ethnically and phy-siognomically distinctive sub-grouping of homo sapiens,” Saint Francis Coll. v. Al-Khazraji 481 U.S. 604, 613, 107 S.Ct. 2022, 95 L.Ed.2d 582 (1987) (emphasis added) (internal quotation marks omitted), and not simply, as the majority holds, racial groups qua racial groups. See Brown v. Henderson, 257 F.3d 246, 252 (2d Cir.2001) (<HOLDING>); accord Connecticut v. Teal, 457 U.S. 440, Options: A. holding that individual employees are not liable under title vii B. holding that there is no individual liability under title vii C. holding that a tortfeasor is required to pay the expenses of over treatment or unnecessary medical treatment unless such treatment was incurred by the victim in bad faith D. holding individual defendants are not an employer within meaning of title vii E. holding that under title vii the ultimate issue is the reason for the individual plaintiffs treatment not the relative treatment of different groups within the workplace

assistant: The best answer is E. holding that under title vii the ultimate issue is the reason for the individual plaintiffs treatment not the relative treatment of different groups within the workplace
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: Because he did not establish past Options: A. holding that a minor beating even in conjunction with threats did not compel a finding of persecution B. holding that minor abuse during brief detention did not compel finding of past persecution C. holding that a four to six hour detention during which the alien was hit in the stomach and kicked from behind did not compel a finding of persecution D. holding that evidence of multiple interrogations and 24hour detention did not compel finding of persecution E. holding that the record did not compel a finding of persecution where an alien was detained for five or six days

assistant: The best answer is C. holding that a four to six hour detention during which the alien was hit in the stomach and kicked from behind did not compel a finding of persecution
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 represents the entire agreement of the parties with respect to the subject matter hereof and shall supersede any and all previous agreements, arrangements or understandings between the Company and the Executive. This Agreement may be amended at any time by mutual written agreement of the parties hereto. In the case of any conflict between any express term of this Agreement and any statement contained in any plan, program, arrangement, employment manual, memo or rule of general applicability of the Company, this Agreement shall control.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party agrees that the other Parties would suffer irreparable damage in the event that any of the covenants or agreements set forth in this Agreement, in any other document contemplated hereby, or in any certificate delivered hereunder or thereunder, were not performed in accordance with the terms of this Agreement or were otherwise breached and money damages or other legal remedies would not be an adequate remedy for any such damage. Accordingly, the Parties acknowledge and hereby agree that, at any time prior to the termination of this Agreement, in the event of any breach or threatened breach of this Agreement, the Parties shall be entitled to an injunction or injunctions to prevent or restrain any such breaches or threatened breaches and to specifically enforce the terms and provisions of this Agreement to prevent breaches or threatened breaches of, or to enforce compliance with, the covenants and obligations set forth in this Agreement, in addition to any other remedy to which a Party may be entitled at law or in equity (including the Sellers’ Representative’s or Purchaser’s right to terminate this Agreement if and as permitted pursuant to Section 9.1 and to seek money damages if and as permitted by Section 9.2 ). Each Party hereby agrees not to raise any objections to the availability of the equitable remedy of specific performance to prevent or restrain breaches or threatened breaches of this Agreement by such Party. Each Party hereby waives (a) the defense that a remedy at law would be adequate and (b) any requirement under any Law to post a bond or other security as a prerequisite to obtaining equitable relief. In the event that any Party prevails against another Party in any Action commenced to specifically enforce the terms of this Agreement pursuant to this Section 11.9 , all reasonable out-of-pocket fees, costs and expenses, including reasonable attorneys’ fees and court costs, incurred by the such prevailing Party in such Action shall be reimbursed by the non-prevailing Parties.

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 legal provision and list the applicable contract clause categories. Provision: (i) No proceeds of the Loans will be used to acquire any security in any transaction which is subject to Sections 13 and 14 of the Securities Exchange Act of 1934; (ii) neither Borrower is engaged in the business of extending credit for the purpose of purchasing or carrying margin stock (within the meaning of Regulation U issued by the Board of Governors of the Federal Reserve System); and (iii) no proceeds of the Loans will be used to purchase or carry any margin stock or to extend credit to others for the purpose of purchasing or carrying any margin stock.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any provision of this First Amendment shall be held to be invalid or unenforceable in any respect, such provision shall be enforced to the fullest extent permitted by law and the remaining provisions of this First Amendment shall remain in full force and effect. If any such invalid portion constitutes a material term of this First Amendment, the parties hereto shall meet and in good faith seek to mutually agree to modify this First Amendment so as to retain, if possible, the overall essential terms of this First Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent that any court action is permitted consistent with or to enforce Section 8 of this Agreement, the parties hereby consent to the jurisdiction of the state and federal courts of the State of California. Accordingly , with respect to any such court action, the Executive (a) submits to the personal jurisdiction of such courts; (b) consents to service of process; and (c) waives any other requirement (whether imposed by statute, rule of court, or otherwise) with respect to personal jurisdiction or service of process.

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: At the Closing, the Confidentiality Agreement, shall be amended and restated to the form set forth in Exhibit D attached hereto, to among other things extend until two years after the date on which no Purchaser Designee sits on the Board of Directors and the Purchaser has ceased to hold the right to nominate a Purchaser Designee to the Board of Directors. Notwithstanding anything to the contrary in this Agreement, in the Confidentiality Agreement or any other agreement entered into from time to time by the Company or any of its subsidiaries, the Company agrees that the Purchaser or any of its Affiliates may disclose any confidential information of or relating to the Company it receives if such disclosure is (i) requested or required by law or any regulatory or governmental authority; provided, the Company is given, to the extent reasonably practicable and legally permitted, prior written notice of such requirement and an opportunity to seek a protective order with respect thereto or (ii) as and to the extent that the Purchaser determines in good faith to be necessary or advisable in light of ongoing review or oversight by a regulatory or governmental authority with jurisdiction over the Purchaser or any of its Affiliates.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: statutes] and 625 ILCS 5/2 — 123(h) [section 2 — 123(h) of the Illinois Vehicle Code]). Now saying that they do “not directly rely on the [federal statutes],” Claimants contend that count III asserts “an implied statutory tort based on the federal statutes and State nondisclosure policy.” Petition for Rehearing, paragraph 20, at 7. Raising an issue of first impression in this Court, Claimants ask us to recognize an implied statutory tort— i.e., a private civil action implied from a statute that does not expressly create a private cause of action — emanating from a mix of federal and state statutes. Claimants invoke the “5-factor” standard for implied statutory torts established in Sawyer Realty Group, Inc. v. Jarvis Corp. (1982), 89 Ill. 2d 378, 432 N.E.2d 849, 59 Ill. Dec. 905 (<HOLDING>). We must reject this creative but wildly Options: A. recognizing implied private action under the collection agency act B. recognizing implied private action under the plat act rejecting implied private action under the national flood insurance act of 1968 C. recognizing implied private action for violation of the real estate brokers and salesmen license act D. holding that a real estate brokers allegations of an oral contract with prospective purchasers stated a cause of action E. holding that the real estate brokers law which provided for the investigation of the acts of real estate brokers and the suspension or revocation of their licenses for specified acts is penal and must be strictly construed

assistant: The best answer is C. recognizing implied private action for violation of the real estate brokers and salesmen license act
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 party hereto shall do and perform (or shall cause to be done and performed) all such further acts and shall execute and deliver all such other agreements, certificates, instruments and documents as any other party hereto reasonably may request in order to carry out the intent and accomplish the purposes of this Agreement and the Plan and the consummation of the transactions contemplated thereunder.

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

user: 2. Each party agrees that at all times until termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party Confidential Information of the other, except as approved in writing by the other party to this Agreement, and will use the Confidential Information for no purpose other than evaluating or pursuing a business relationship with the other party to 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: rehearing. There, we were considering evaluation of jointly held marital property, not separately held marital property. However, we believe that the reasons for reevaluation on remand are the same as in the original hearing—to obtain the most accurate evaluation and equitable distribution. A decision of this Court and decisions of courts of other jurisdictions support the proposition that reevaluation should be made on remand. Mitchell v. Mitchell, 4 Va. App. 113, 118, 355 S.E.2d 18, 21 (1987). Where fluctuations in value are so rapid as to be material between the date of hearing and the date on which the actual division is made, the decree should contain a provision permitting modification taking account of the changes. Bollenbach v. Bollenbach, 285 Minn. 418, 175 N.W.2d 148 (1970) (<HOLDING>); see Cleverly v. Cleverly, 151 Vt. 351, 561 Options: A. holding that where the trial court awarded the former husband the value of his pension plan but failed to calculate the present value of the plan case must be reversed and remanded for redetermination of equitable distribution B. holding that a fixed system of distribution is applicable where no present value can be established C. holding that custody should not be changed unless conditions have altered since the decree was rendered or material facts existed at the time of the decree but were unknown to the court and then only for the welfare of the child D. holding that if the market value of an asset can be ascertained the decree should account for the change in value between the date of the decree and the timely execution of the distribution plan in the decree the distribution based on value at the distribution date E. holding trial court did not abuse its discretion in finding the date of filing the petition for dissolution as the valuation date for equitable distribution

assistant: The best answer is D. holding that if the market value of an asset can be ascertained the decree should account for the change in value between the date of the decree and the timely execution of the distribution plan in the decree the distribution based on value at the distribution date
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 comply with these terms , we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement sets forth the entire agreement between Employer and Employee with respect to the subject matter of this Agreement and fully supersedes all prior negotiations, representations and agreements, whether written or oral, between Employer and Employee with respect to the subject matter of this Agreement, including, but not limited to, that certain Severance and Consulting Agreement, as amended, dated as of August 25, 2011, between ADESA, Inc. and Employee.

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: in open court,” Defendant’s characterization is probably accurate. State v. Tollardo, 2003-NMCA-122, ¶ 10, 134 N.M. 430, 77 P.3d 1023. However, Rule 5-502(A)(l) does not exempt demonstrative evidence from a defendant’s duty to disclose. To the contrary, it expressly applies to forms of evidence that are classically demonstrative, such as “tangible objects.” Id. As such, we reject Defendant’s suggestion that demonstrative evidence is subject to a blanket exemption from the general duty of disclosure. {42} Defendant may rely upon the distinction between the use of demonstrative material as an aid to cross-examination and the designation of such material as “evidence” that is fit for use as a formal exhibit. See State v. Gallegos, 92 N.M. 370, 379, 588 P.2d 1045, 1054 (Ct.App.1978) (<HOLDING>). However, even if we were to assume that the Options: A. holding that the prosecution must disclose to the defense all exculpatory evidence known to the state or in its possession B. holding that the district court erred in requiring the defense to disclose a report which the defense did not intend to introduce into evidence and which was merely designed to aid in the crossexamination of a witness for the state C. recognizing the defense has a right to comment on the presentence report and may introduce evidence D. holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second E. holding that a defendant was not entitled to the affirmative defense where the evidence did not support his contention that he did not aid in the homicidal act

assistant: The best answer is B. holding that the district court erred in requiring the defense to disclose a report which the defense did not intend to introduce into evidence and which was merely designed to aid in the crossexamination of a witness for the state
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 read the Wal-Mart plan literally would allow the plan to free ride on the efforts of the plan participant's attorney, contrary to the equitable concept of common fund.”). 18 . Van Gemert, 444 U.S. at 478, 100 S.Ct. 745 (citations omitted). 19 . Id. (citations omitted). 20 . Harris v. Harvard Pilgrim Health Care, Inc., 208 F.3d 274, 277-78 (1st Cir.2000) ("Typically, these courts have read the reimbursement clauses’ silence on the issue of attorney fees as an ambiguity, then based their holdings on the prevailing state-law principle that ambiguities in insurance policies must be construed in the insured's favor.”) (citing York Ins. Group of Maine v. Van Hall, 704 A.2d 366, 368 n. 3 (Me.1997)). But see Bishop v. Burgard, 198 Ill.2d 495, 261 Ill.Dec. 733, 764 N.E.2d 24 (2002) (<HOLDING>). 21 . E.g. Wells, 213 F.3d at 402; Blackburn Options: A. holding florida exemption statute for employee benefit plans was not preempted by erisa due to savings clause B. holding that the federal common fund doctrine may not be applied in contravention of a plans terms C. holding that federal common law of erisa preempts state law in the interpretation of erisa benefit plans D. holding that motion to adjudicate lien was not preempted by erisa and illinois common fund doctrine overrode plan language and would reduce plans reimbursement of expenses paid for insured E. holding that a termination of an erisa plans benefits must be based upon the plans terms and language

assistant: The best answer is D. holding that motion to adjudicate lien was not preempted by erisa and illinois common fund doctrine overrode plan language and would reduce plans reimbursement of expenses paid for insured
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: Subtenant shall indemnify, defend (using legal counsel reasonably acceptable to Sublandlord or Master Landlord, as applicable) and save Sublandlord and Master Landlord harmless from all claims, suits, losses, damages, fines, penalties, liabilities and expenses (including Sublandlord’s and Master Landlord’s personnel and overhead costs and reasonable attorneys’ fees and other costs incurred in connection with claims, regardless of whether such claims involve litigation) resulting from any actual or alleged injury (including death) of any person or from any actual or alleged loss of or damage to any property arising out of or in connection with (a) Subtenant’s occupation, use or improvement of the Subleased Premises, or that of its employees, agents or contractors; (b) Subtenant’s breach of its obligations under this Sublease or the Master Lease; or (c) any act or omission of Subtenant or any subtenant, licensee, assignee or concessionaire of Subtenant, or of any officer, agent, employee, guest or invitee of Subtenant, or of any such entity in or about the Subleased Premises. This indemnity with respect to acts or omissions during the Term of this Sublease shall survive termination or expiration of this Sublease. Subtenant shall promptly notify Sublandlord and Master Landlord of casualties or accidents occurring in or about the Subleased Premises. The foregoing provisions shall not be construed to make Subtenant responsible for loss, damage, liability or expense resulting from the gross negligence or intentional misconduct of Sublandlord, or its officers, contractors, licensees, agents, employees, or invitees, or of Master Landlord or its officers, contractors, licensees, agents, employees, invitees or other tenant of the Building.

assistant: Indemnity
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: caused Nova to stop offering abortions to minors without parental involvement. Therefore, it is at best merely speculative whether these defendants caused Nova’s decision to require parental consent, with a concomitant prospective loss of patients that flowed from that decision. The plaintiffs burden of demonstrating causation is not satisfied when “[speculative inferences are necessary to connect [its] injury to the challenged actions.” See Simon v. E. Ky. Welfare Rights Org., 426 U.S. 26, 45-46, 96 S.Ct. 1917, 48 L.Ed.2d 450 (1976). In other words, Nova has “confus[ed] the statute’s immediate coercive effect on the plaintiff! ] with any coercive effect that might be applied by the defendants.” See Okpalobi v. Foster, 244 F.3d 405, 426 (5th Cir.2001) (en banc) (emphasis in original) (<HOLDING>). Nothing in the record distinguishes these Options: A. holding that legislation governing classification of employees in the governors office did not confer certain authority on the governor and lacking this power the governor could not change the legislative will through a set of regulations B. holding that the governor erred in considering evidence that was not before the board C. holding that a states governor and attorney general were not proper defendants when they had no power to enforce the challenged statute D. holding that amendment to the challenged statute mooted the claim when the state had expressed no intention to reenact the prior law E. holding that the governor had no power to make the appointment of officer of the school commissioner for cecil county without the consent of the senate when the office was not vacant because the legislature which had created and therefore controlled the office had not delegated that power to the governor

assistant: The best answer is C. holding that a states governor and attorney general were not proper defendants when they had no power to enforce the challenged statute
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: In consideration of Executive’s performance of the responsibilities and duties set forth in this Agreement, the Company will provide Executive the compensation specified in this Agreement. The Company will pay Executive a salary of $238,703.00 per year (“Base Salary”). Such Base Salary will be payable in accordance with the customary payroll practices of the Company. During the term of this Agreement, the Board may consider increasing, but not decreasing (other than a decrease which is applicable to all senior officers of the Company and in a percentage not in excess of the percentage decrease for other senior officers), Executive’s Base Salary as the Board deems appropriate. Any change in Base Salary will become the “Base Salary” for purposes of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: No consent, authorization, approval, or other action by, and no notice to or filing with any Governmental Authority or any other Person or any consent from any Person is required either (i) for the pledge by the Guarantor of the Collateral pledged by it pursuant to this Agreement or for the due execution, delivery or performance of this Agreement by the Guarantor, or (ii) for the exercise by the Administrative Agent of its rights (including voting rights) provided for in this Agreement or the enforcement of remedies in respect of the Collateral pursuant to this Agreement, including the transfer of the Collateral, except as may be required in connection with the disposition of any portion of the Collateral by laws affecting the offering and sale of securities generally.

assistant: Enforcements
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 Party may assign this Agreement or any of its rights and obligations hereunder without the prior written consent of the other Parties. This Agreement and the various rights and obligations arising hereunder shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns; provided, however , that the Purchaser may assign this Agreement or any of its rights and obligations hereunder, in whole or in part, without prior written consent of the other Parties to an affiliate of the Purchaser; provided, further , that such assignment shall not relieve the Purchaser of any obligations under this Agreement.

assistant: Assignments
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: In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 3.03) in respect of any payment hereunder, the Borrower agrees that (a) in the event a payment in respect of any obligation of the Borrower shall be made by any Guarantor under this Agreement, the Borrower shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to any Security Document to satisfy in whole or in part any Guaranteed Obligations owed to any Guaranteed Party, the Borrower shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

assistant: Indemnity
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: words their ordinary meaning.’ ” Anderson v. State, 801 N.W.2d 1, 3 (Iowa 2011) (quoting State v. Hearn, 797 N.W.2d 577, 583 (Iowa 2011)). We have not previously defined the term “good faith” as used in section 22.8(4), but we have addressed the meaning of that term in various other Iowa statutes that provide immunity or allow attorney-fee awards. We surveyed such decisions in Sieg Co. v. Kelly, 568 N.W.2d 794, 804-05 (Iowa 1997). There, we noted that, whether “good faith” in a particular statute is viewed objectively or subjectively depends on the context and other terms with which it is used: The term “good faith” has various meanings; sometimes it is viewed objectively and at other times, subjectively. Compare Aalbers v. Iowa Dep’t of Job Serv., 431 N.W.2d 330, 335-36 (Iowa 1988) (<HOLDING>), with Garvis v. Scholten, 492 N.W.2d 402, 404 Options: A. holding that unemployment compensation should not be deducted from a back pay award under the national labor relations act because failing to deduct unemployment payments does not make the employee more than whole B. holding that pursuant to statute unemployment benefits must be offset against workers compensation payments C. holding 1001 prosecution for false statements in unemployment benefits not precluded by unemployment benefits statute specifically addressing topic D. holding goodfaith belief measured by objective test in unemployment compensation context E. holding that legislature clearly intended that workers compensation act and unemployment security act be construed together thus prohibiting worker from receiving both unemployment compensation and workers compensation payments for same period

assistant: The best answer is D. holding goodfaith belief measured by objective test in unemployment compensation context
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 decide the § 8371 bad faith claim.... ”). But Nealy directly conflicts with, and therefore is preempted by, the FAA. The FAA prevents state law from undermining parties’ contracts to arbitrate. Mastrobuono v. Shearson Lehman Hutton, Inc., 514 U.S. 52, 58-59, 63-64, 115 S.Ct. 1212, 131 L.Ed.2d 76 (1995) (upholding arbitration of a punitive damages claim under a contractual arbitration provision, notwithstanding New York state law allowing only courts — but not arbitrators — to award punitive damages); Southland Corp. v. Keating, 465 U.S. 1, 16, 104 S.Ct. 852, 79 L.Ed.2d 1 (1984) (“Congress [through the FAA] intended to foreclose state legislative attempts to undercut the enforceability of arbitration agreements.”); cf. Roadway Package Sys., Inc. v. Kayser, 257 F.3d 287 (3d Cir.2001) (<HOLDING>). IV. Conclusion In this context, we hold that Options: A. holding that pennsylvania law applied as the parties did not argue choice of law issue and implied that pennsylvania law applied by focusing their arguments on same B. holding that 4 does not empower court to rewrite venue provisions of arbitration clause or to order arbitration within district absent contractual provision so indicating C. holding that the best way to harmonize a choice of law clause and an arbitration clause is to apply the substantive case law of the named state to the entire agreement including the arbitration clause D. holding that a choiceoflaw clause without more did not evidence contractual intent to opt into pennsylvania law governing arbitration standards E. holding that a contracts choiceoflaw provision did not determine the scope of an arbitration clause

assistant: The best answer is D. holding that a choiceoflaw clause without more did not evidence contractual intent to opt into pennsylvania law governing arbitration standards
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: 2009, however the School Districts did not avail themselves of this opportunity before issuing their adjudications on June 29, 2009, or before the trial court accepted supplemental evidence in October 2009. We echo the trial court’s observation that “there has been more than sufficient time (i.e. during the course of this litigation) for [the School Districts] to visit [St. Andrew’s] and determine its suitability for [Montessori].” Trial Court Opinion at 12. Any lack of a record on the adequacy of St. Andrew’s as a school facility is of the School Districts’ own making; they never even returned Montessori’s application to it for more information about the building. Cf. Community Service Leadership Development Charter School v. Pittsburgh School District, 34 A.3d 919 (Pa.Cmwlth.2012) (<HOLDING>). For all of the foregoing reasons, we affirm Options: A. recognizing application of sovereign immunity to school districts B. holding that accrediting agencys denial of schools application for reaccreditation was not arbitrary and capricious because the school was afforded ample notice that it was not in compliance with the accreditation standards and numerous opportunities to remedy identified deficiencies C. holding retroactive application D. holding that retroactive application of amended guidelines provision is not plain error E. holding that cab must specifically articulate any deficiencies in charter schools application so charter school can address deficiencies in amended or new application

assistant: The best answer is E. holding that cab must specifically articulate any deficiencies in charter schools application so charter school can address deficiencies in amended or new application
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 ultimate termination of litigation. See id. After it received case CV-57, the U.S. District Court for the District of Columbia recertified plaintiffs’ petition for interlocutory appeal to the D.C. Circuit. In October 2000, the D.C. Circuit denied the petition for interlocutory appeal because the appeal in this case, CV-29, was still pending before this court. See Vogel v. U.S. Office Products Co., No. 00-7038, 2000 WL 1683498 (D.C.Cir. Oct.26, 2000). II. Bankruptcy Filing On March 5, 2001, USOP filed a voluntary bankruptcy petition in the United States Bankruptcy Court for the District of Delaware. The filing of a voluntary bankruptcy petition operates as a stay on the “continuation ... of a judicial proceeding against the debtor.” See 11 U.S.C. § 362(a)(1). Therefore, t r.1990) (<HOLDING>). If a motion is dispositive, a magistrate Options: A. holding that a motion for rule 11 sanctions is dispositive B. holding in a case where a class was certified that there was an absence of collusion since the dismissal based on a string of adverse decisions which had drained the case of legal merit made the dismissal the functional equivalent of an involuntary dismissal C. holding that the financial responsibility provisions of the plra require a prisoner seeking leave to proceed in forma pauperis to file an affidavit listing his assets and to submit a certified copy of his inmate trust fund account statement or an institutional equivalent reflecting the sixmonth period immediately preceding the filing of the complaint even with regard to a case in which in forma pauperis status was granted prior to the effective date of the plra ie april 26 1996 D. holding that a motion to proceed in forma pauperis is dispositive because it is the functional equivalent of an involuntary dismissal E. holding that dismissal of a complaint pursuant to former 1915d now 1915e is not appropriate where a plaintiff has made a partial payment of filing fees and that in such cases the court must treat the complaint in the same manner as one for which in forma pauperis status has not been granted

assistant: The best answer is D. holding that a motion to proceed in forma pauperis is dispositive because it is the functional equivalent of an involuntary dismissal
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 to be given under the terms of this Agreement to the Company shall be addressed to the Company in care of the Secretary of the Company at the Company’s principal office, and any notice to be given to Participant shall be addressed to Participant at Participant’s last address reflected on the Company’s records. By a notice given pursuant to this Section 3.4, either party may hereafter designate a different address for notices to be given to that party. Any notice shall be deemed duly given when sent via email or when sent by certified mail (return receipt requested) and deposited (with postage prepaid) in a post office or branch post office regularly maintained by the United States Postal Service.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: inter alia., insurance to cover the state or its agencies from liability in a 42 U.S.C. § 1983 action and from court-awarded attorney’s fees in other proceedings against the state. See Fla. Stat. § 284.30; see also Gamble v. Florida Dep’t of Health & Rehabilitative Serv., 779 F.2d 1509, 1516 (11th Cir.1986). As to the Tribe’s claims that may fall outside of § 284.30, Florida law provides that neither the state nor its state agencies shall pay any monetary damages under the judgment of any court except pursuant to an appropriation made by law. See Fla. Stat. § 11.066. Moreover, because the Florida Commission submits its budget to the Florida legislature for approval, the state would be responsible for the Commission’s debts, such as court judgments. See Fouche, 713 F.2d at 1521 (<HOLDING>). Therefore, Florida would be responsible for Options: A. holding plaintiff responsible for attorney error B. holding that the state would presumably be responsible for any debts incurred because the park authority submits its budget to the georgia legislature C. holding that since the building authority act does not authorize the creation of any debts by the state the debt limitations clause does not apply to the authoritys debts or any obligations of the state on its lease agreements with the authority D. holding that the legislature did not intend the state to be bound by local zoning regulations when constructing a communications tower because the legislature neither named the state nor manifested an intention that it be bound by the provisions of the enabling act which granted zoning authority to the city E. holding that in order for there to be state debt in the constitutional sense one legislature in effect must obligate a future legislature to appropriate funds to discharge the debt created by the first legislature

assistant: The best answer is B. holding that the state would presumably be responsible for any debts incurred because the park authority submits its budget to the georgia legislature
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: he was not a percipient witness to the events in the alley. At best, he could only testify to what he heard as he was taking a shower. Given the tangential nature of the testimony he offered, his testimony would not have undermined the evidence offered by the State. Similarly, although there was evidence that Tapia and Suarez heard shots in the alley and that they would have testified that they saw a red Blazer exit the alley after the shots, their testimony would not have contradicted or undermined the prosecution’s case. Unlike those cases in which we have found that the deficient performance was prejudicial, here, the additional witnesses would not have provided Villagrana with an alibi or exonerating evidence. See, e.g., Sanders v. Ratelle, 21 F.3d 1446, 1461 (9th Cir.1994) (<HOLDING>); Brown v. Myers, 137 F.3d 1154, 1157-58 (9th Options: A. holding that the most critical factor is the degree of success obtained B. holding counsel ineffective for failing to investigate and present mitigating evidence C. holding that the failure to interview and present alibi witnesses and to admit a third party outofcourt confession to the crime was prejudicial D. holding that the failure to investigate and present the confession of a third party deprived defendant of the most critical evidence supporting his best defense E. holding that default and dismissal were proper sanctions in view of partys willful destruction of documents and records that deprived the opposing party of the opportunity to present critical evidence on its key claims to the jury

assistant: The best answer is D. holding that the failure to investigate and present the confession of a third party deprived defendant of the most critical evidence supporting his best defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this is similar to the device-lock option you may be using on your mobile device ; by setting a passcode , you make it less likely that another person who gets ahold of your device will be able to see what you saved to the restricted area of memories .

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: and outrageous so as to state a claim for relief. Duhammel; Cluff; Davis; Restatement (Second) of Torts § 46, comment h at 77 (1965). It is our opinion that the publication of true facts taken from the public record regarding the litigation history of the immediate family of one who is embroiled in an extremely controversial lawsuit of widespread public interest does not begin to approach the type of extreme and outrageous conduct contemplated by this standard. Were we to hold otherwise, a large number of truthful and factual statements published in the newspapers of this state could give rise to a claim alleging invasion of privacy and intentional infliction of emotional distress. Cf. Cox Broadcasting Corp. v. Cohn, 420 U.S. 469, 495, 95 S.Ct. 1029, 1046, 43 L.Ed.2d 328, 349-50 (1975) (<HOLDING>). We have not previously considered the Options: A. holding that municipal court records were admissible under official records or public documents exception B. holding the first and fourteenth amendments command nothing less than that the states may not impose sanctions on the publication of truthful information contained in official court records open to public inspection C. recognizing that some police records must remain secret and free from public inspection as a matter of public policy D. holding that the right of access to government information or sources of information within the governments control is not mandated by the first or fourteenth amendments E. holding that the fifth amendments protection against selfincrimination is applicable to the states through the fourteenth amendment

assistant: The best answer is B. holding the first and fourteenth amendments command nothing less than that the states may not impose sanctions on the publication of truthful information contained in official court records open to public inspection
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 Commitment Letter and the Fee Letter and the contents hereof and thereof are confidential and, may not be disclosed in whole or in part to any person or entity without the prior written consent of the Lead Arrangers except (i) this Commitment Letter and the Fee Letter may be disclosed (A) on a confidential basis to your directors, officers, employees, accountants, attorneys and other representatives and professional advisors who need to know such information in connection with the Transaction and are informed of the confidential nature of such information, (B) pursuant to the order of any court or administrative agency in any pending legal or administrative proceeding, or otherwise as required by applicable law or compulsory legal process based on the reasonable advice of your legal counsel (in which case you agree to inform the Lead Arrangers promptly thereof prior to such disclosure to the extent permitted by applicable law), and (C) on a confidential basis to the directors, officers, employees, accountants, attorneys and other representatives and professional advisors of the Seller in connection with their consideration of the Transaction, provided that the Fee Letter is redacted in a manner reasonably satisfactory to the Lead Arrangers, (ii) Annex I and the existence of this Commitment Letter and the Fee Letter (but not the contents of the Commitment Letter and the Fee Letter) may be disclosed to Moody’s and S&P and any other rating agency on a confidential basis, (iii) the aggregate amount of the fees (including upfront fees and original issue discount) payable under the Fee Letter may be disclosed as part of generic disclosure regarding sources and uses for closing of the Incremental Facility (but without disclosing any specific fees, market flex or other economic terms set forth therein or to whom such fees or other amounts are owed), (iv) the Commitment Letter and the Fee Letter may be disclosed on a confidential basis to your auditors after the Closing Date for customary accounting purposes, including accounting for deferred financing costs, (v) you may disclose the Commitment Letter (but not the Fee Letter) and its contents in any proxy or other public filing relating to the Acquisition and (vi) the Commitment Letter and Fee Letter may be disclosed to a court, tribunal or any other applicable administrative agency or judicial authority in connection with the enforcement of your rights hereunder (in which case you agree to inform the Lead Arrangers promptly thereof prior to such disclosure to the extent permitted by applicable law).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth in this Notice and the Plan, the Restricted Stock Unit Award shall vest with respect to the total number of Shares on the first anniversary of the Grant Date; provided, that such vesting schedule may be accelerated upon a change in control of the Company pursuant to the provisions of the Plan.

assistant: Vesting