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: S.Ct. at 2040 (1969) (emphasis added); see also Young v. United States, 670 A.2d 903, 909 (D.C.1996) (upholding search where “search was limited ... to the two places where the officers had concrete reason to believe weapons might be” and “there was no general rummaging through drawers or closets”). “No consideration relevant to the Fourth Amendment suggests any point of rational limitation, once the search is allowed to go beyond the area from which the person arrested might obtain weapons or evidentiary items.” Chimel, 395 U.S. at 766, 89 S.Ct. at 2041. Against this legal background, we conclude that the record in this case does not contain sufficient factual information to conclude that the search of the tin was reasonable as a search incident to arrest. See Wells, 928 P.2d at 389 (<HOLDING>); Harrison, 805 P.2d at 784 n. 26 (noting “our Options: A. holding a person may consent to warrantless searches as a condition of a suspended sentence B. holding that warrantless searches of cell phones incident to arrest should not be allowed because such searches cannot be justified by officer safety or the preservation of evidence given the privacy implications inherent in cell phone data searches C. holding state has burden of showing exception to prohibition against warrantless searches applies D. holding that community caretaking exception applies only to automobile searches E. holding that the debtor has the burden of showing that collateral estoppel applies

assistant: The best answer is C. holding state has burden of showing exception to prohibition against warrantless searches applies
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: Except as disclosed on the attached Schedule 7.14 other than the most recently amended Schedule 7.14 (if the disclosures are approved by Majority Lenders), no Company is a party to a material transaction with any of its Affiliates (excluding other Companies), other than transactions in the ordinary course of business and upon fair and reasonable terms not materially less favorable than it could obtain or could become entitled to in an arm’s length transaction with a Person that was not its Affiliate. For purposes of this Section 7.14 , a transaction is “material” if it requires any Company to pay more than $10,000,000 during the term of the governing agreement.

assistant: Transactions With Affiliates
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: driving the Ford Ranger and he saw the truck turn around and start coming back at him and then make a right turn on Hickory Lane. At that point the truck was headed in Officer Howard’s direction, and Officer Rooney said he heard a thump and saw a mike go flying into the air. He walked over to Hickory Lane and saw Officer Howard fall down; he got back in his vehicle and then saw the Ford Ranger coming at a high rate of speed in reverse towards his car. He jumped out and watched as the Ranger backed up past him. He positively identified the Ranger being driving by Hertz. At that point, the officer fired his weapon and Hertz drove away. On cross-exami inding fact that defendant battered wife in the past irrelevant to the issue of her murder); Czubak v. State, 570 So.2d 925, 928 (Fla.1990) (<HOLDING>). 8 . In Steverson, the jury heard virtually Options: A. holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime B. holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder C. holding collateral crime evidence that defendant was an escaped convict not relevant D. holding counsel must only provide relevant facts of the crime E. holding that where court informed jurors that the defendant had escaped from custody the trial judge acted within his judicial capacity and did not testify

assistant: The best answer is C. holding collateral crime evidence that defendant was an escaped convict not 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 case excerpt and choose the best holding from the options. Case excerpt: however, is irresponsive to the defendants’ summary judgment motion, which is based on absolute immunity. Absolute legislative immunity and qualified immunity are separate and distinct defenses to claims under 42 U.S.C. § 1983. More specifically, qualified immunity focuses on whether officials’ actions were in violation of clearly established law, Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982). Absolute legislative immunity, on the other hand, can be invoked whenever the officials’ actions are legislative in nature regardless of their motivations. Gallas v. Supreme Court, 211 F.3d 760, 773 (3d Cir.2000). 3 .Plaintiff’s request for punitive damages is also dismissed. See Newport v. Fact Concerts, Inc., 453 U.S. 247, 271, 101 S.Ct. 2748, 69 L.Ed.2d 616 (1981) (<HOLDING>) 4 . Among the candidates for the nomination Options: A. holding that punitive damages are not recoverable against municipalities in actions brought pursuant to 42 usc 1983 B. holding that municipalities are immune from liability for punitive damages under 42 usc 1983 in part because a municipality can have no malice independent of the malice of its officials damages awarded for punitive purposes therefore are not sensibly assessed against the governmental entity itself C. holding that a state is not a person under 42 usc 1983 D. holding that a municipality is immune from punitive damages under 42 usc 1983 E. holding that port authority is immune from punitive damages

assistant: The best answer is D. holding that a municipality is immune from punitive damages under 42 usc 1983
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: You agree that all claims, disputes, or controversies arising under this Letter Agreement or any other agreement between the parties, or related to your employment with the Company or the termination of such employment (whether or not based on contract, tort or upon any federal, state or local statute, including but not limited to claims asserted under the Age Discrimination in Employment Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, any state Fair Employment Practices Act, and/or the Americans with Disabilities Act), shall be resolved exclusively through mediation/arbitration by JAMS, in the JAMS office closest to your place of work, whose decision shall be final and binding and subject to confirmation in a court of competent jurisdiction, in accordance with the JAMS Rules and Procedures for Mediation/Arbitration of Employment Disputes. YOU EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO A JURY TRIAL IN THE EVENT ANY ACTION ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR EMPLOYMENT WITH THE COMPANY IS LITIGATED OR HEARD IN ANY COURT . You understand and agree that nothing in this Arbitration paragraph or in this agreement shall alter or change the at-will nature of your employment relationship with the Company. Nothing in this paragraph will be interpreted to limit your right to file or participate in an investigative proceeding of any federal, state or local governmental agency, including the Equal Employment Opportunity Commission, the Securities and Exchange Commission, or the National Labor Relations Board.

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 case excerpt and choose the best holding from the options. Case excerpt: claims because the right to DNA testing was not available at the time of his 1988 conviction. The court rejected the divestment of jurisdiction argument on state law grounds. Finally, the court found that Durr’s as-applied challenge failed for the same reasons as his equal protection, Eighth Amendment, and due process claims. The district court agreed that Durr would be irreparably harmed absent the stay, but found that the State is harmed when the execution of valid criminal judgment is delayed. As for the public interest, the court found that the public interest in this case would be best served “by deferring to [the State’s] efforts to ensure the integrity of the criminal justice system because [Durr] ha[d] not carried his burden of demonstrating constituti , 41 L.Ed.2d 935 (1974) (<HOLDING>); Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. Options: A. holding that inmates serving life terms were not entitled to goodtime credits because state statute expressly foreclosed the granting of goodtime credits to such inmates B. holding that depriving inmates of statecreated right to goodtime credits in prison disciplinary proceedings requires due process C. holding that state prisoners challenges to revocation of their goodtime credits through disciplinary proceedings could be brought as a 1983 action because inmates sought only a declaration that the disciplinary proceedings were invalid and thus attacked only wrong procedures and not wrong result D. holding that the district court lacked jurisdiction to review state disciplinary proceedings against attorney E. holding that state prisoners challenges to the constitutionality of prison disciplinary proceedings that led to the deprivation of goodtime credits fell within the core of habeas

assistant: The best answer is C. holding that state prisoners challenges to revocation of their goodtime credits through disciplinary proceedings could be brought as a 1983 action because inmates sought only a declaration that the disciplinary proceedings were invalid and thus attacked only wrong procedures and not wrong result
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: You will report to Gary Steele, CEO, who will assign and direct your job duties and responsibilities. You will work from our office located in Sunnyvale, CA. The Company may change your position, duties, and work location from time to time as it deems necessary.

assistant: Duties
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 not to whether one or more conspiracies existed.” Broce, 781 F.2d at 796 (citing Launius v. United States, 575 F.2d 770 (9th Cir.1978)). 9 . We emphasize, however, that none of our cases interpreting Menna has been faced with the question of whether, consistent with Menna, a double jeopardy claim may be waived by the kind of deliberate relinquishment of a known right which the Supreme Court first described in Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). See United States v. Broce, 781 F.2d 792, 802 (10th Cir.1986) (Seymour, J., concurring in part and dissenting in part) (suggesting that a "deliberate decision to relinquish a legal claim" within the meaning of Johnson v. Zerbst should constitute a waiver of a double jeopardy claim); Launius, 575 F.2d at 772 (<HOLDING>). For example, we have never been faced with a Options: A. holding that the waiver in two previous contracts was insufficient to support waiver of the contract at issue in that appeal B. holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver C. holding that the constitutional protection against double jeopardy may be waived pursuant to a bargainedfor plea D. holding that a defendant and his attorney are a single entity with respect to double jeopardy waiver E. holding that when the court in menna suggested that a double jeopardy claim may be waived it is clear that the court was referring not to waiver conclusively presumed from a guilty plea but to waiver as defined in johnson v zerbst

assistant: The best answer is E. holding that when the court in menna suggested that a double jeopardy claim may be waived it is clear that the court was referring not to waiver conclusively presumed from a guilty plea but to waiver as defined in johnson v zerbst
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: see also id. at 11-12. An offer' is “the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it.” Restatement (Second) Contracts (“Restatement”) § 24 (1981). Thus, as the court recognized, the acceptance of an offer may be manifested by “assent to the terms thereof made by the offeree in a manner invited or required by the offer.” American Capital I, 58 Fed.Cl. at 407 (citing Restatement § 50(1)). Since the August 29, 1986 Assistance Agreement incorporated “a resolution or action of the [FHLBB] approving, or adopted concurrently with, this Agreement,” it manifested acceptance of the offer contained in FHLBB Resolution 86-864. See Winstar, 518 U.S. at 890, 116 S.Ct. 2432 (<HOLDING>). Accordingly, the Government’s November 17, Options: A. holding the court has the inherent authority to enter an order of confidentiality B. recognizing that the fhlbb and fslic had authority to enter into a contract allowing capital credits and supervisory goodwill to be recognized as an asset in determining a partyinstitutions regulatory compliance C. holding that while town counsel had final supervisory authority over the hiring and firing of employees in plaintiffs position it did not have supervisory authority over the mayors constructive discharge of plaintiff D. holding that the defendant had minimum contacts with kansas because it chose to enter into a contract with the plaintiff that was to be performed at least in part in kansas and then the defendant continued to be in contact with the plaintiff regarding the contract E. recognizing the supervisory power of appellate courts

assistant: The best answer is B. recognizing that the fhlbb and fslic had authority to enter into a contract allowing capital credits and supervisory goodwill to be recognized as an asset in determining a partyinstitutions regulatory compliance
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 will abide by all applicable local , state , national and foreign laws , treaties and regulations in connection with your use of the services , including without limitation those related to data privacy , international communications and the transmission of technical or personal data .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent the other terms and conditions of these terms and conditions are less restrictive than , or otherwise conflict with , the terms and conditions of this paragraph , the more restrictive or conflicting terms and conditions in this paragraph apply , but solely with respect to apps from the apple app store .

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 digging, which occurred in the normal course of construction, caused conduits to be crushed, wires cut, and fiber optics destroyed along the entire project. In addition, the widening of the highway sometimes required the intentional deactivation of lights, as occurred with the high mast at issue. Gerelco was managing a situation in which lights were being continually deactivated either by accident or design. Apparently for this very reason, the underlying contracts recognized that ten percent of the lights on the seventeen mile stretch of highway being widened might be out at any one time. This is not a case in which the condition at issue itself created an obvious clear and present danger of serious harm. Villalta v. Cornn Int'l, Inc., 109 So.3d 278, 279 (Fla. 1st DCA 2013) (<HOLDING>). Moreover, the light at issue had been Options: A. holding the issue of gross negligence was a jury question where a subcontractor failed to obey safety standards and cover holes it cut in concrete floors of a building under construction where many tradespeople were working B. holding that ordinary negligence and gross negligence are not separate causes of action C. holding that safety standards regarding the safe design and use of trampolines including astm standards were admissible on the issue of the defendants negligence even though the defendants were unaware of the standards D. holding that claim construction is an issue of law for the court not a question of fact for the jury E. holding that construction safety manuals and codes were properly admitted as objective standards of safe construction

assistant: The best answer is A. holding the issue of gross negligence was a jury question where a subcontractor failed to obey safety standards and cover holes it cut in concrete floors of a building under construction where many tradespeople were working
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: due process clause of the Fourteenth Amendment. Accordingly, we consider, below, under the Fourteenth Amendment Plaintiffs’ allegations that Defendants’ actions violate their due process rights. 5. Plaintiffs’ Procedural Due Process Rights Under the Fourteenth Amendment Plaintiffs raise a number of procedural due process violations against Defendants. Plaintiffs allege that Defendants force them to participate in the five-phase treatment program at Atascadero; force them to take medication in non-emergency situations; and subject them to privilege reductions, access level reductions, and re-classifications. Plaintiffs allege that these deprivations occur without adequate notice of or opportunity to respond to accusations of alleged sanctionable conduct. The Fourte (9th Cir.1994) (<HOLDING>). Thus, Plaintiffs may have a liberty interest Options: A. holding that although the parking citation that the plaintiff received did not indicate where and how to contest the allegation the plaintiff was not deprived of procedural due process because he received a summons to appear in court via first class mail before he was deprived of any liberty interest B. holding plaintiffs are not deprived of a liberty interest because they cannot have the best job in their field C. holding that a prisoners loss of privileges for thirty days was not a property right that would constitute a violation of his constitutionally protected liberty interest D. holding that a prisoner has no constitutionallybased liberty interest in a particular prison classification because an inmate is not entitled to a particular degree of liberty in prison E. holding that a prison inmate was deprived of liberty and property because he was reclassified thereby losing certain privileges

assistant: The best answer is E. holding that a prison inmate was deprived of liberty and property because he was reclassified thereby losing certain privileges
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 agree that regardless of any statute or law to the contrary , any claim or cause of action arising out of or related to use of the yahoo services or the tos must be filed within one ( 1 ) year after such claim or cause of action arose or be forever barred .

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: At the other end of the spectrum is the set of values reflecting society’s deeply felt belief that the criminal law cannot be used as an instrument of unfairness ... [Citations omitted.] Schnekloth v. Bustamonte (1973), 412 U.S. 218, 225-26, 93 S.Ct. 2041, 2046, 36 L.Ed.2d 854, 861. In determining whether a defendant’s confession was voluntary, the United States Supreme Court has assessed the totality of all the surrounding circumstances, including the characteristics of the accused and the details of the interrogation. Schnekloth, 412 U.S. at 226, 93 S.Ct. at 2046, 36 L.Ed.2d at 861. Significantly, none of the decisions regarding the admissibility of a confession turns on the presence or a hat failure to warn defendant of rights rendered confession inadmissible); Allies, 606 P.2d 1043 (<HOLDING>). In the instant case, the police followed Options: A. holding that mental coercion led to an involuntary confession B. holding that a confession obtained by interrogating the defendant for approximately 78 hours was involuntary C. holding that under elstad the first question that must be answered when determining whether a subsequent confession is tainted by an earlier confession is whether the initial confession was obtained in violation of the defendants fifth amendment rights ie whether it was involuntary or whether the confession was voluntary but obtained in technical violation of miranda D. holding that impermissible police procedures rendered confession involuntary E. holding that physical brutality led to an involuntary confession

assistant: The best answer is D. holding that impermissible police procedures rendered confession involuntary
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree that the terms and existence of this Agreement are and shall remain confidential and shall not be discussed or disclosed to any person other than the Parties to this Agreement, their attorneys, and their accountants, except that disclosure concerning the Agreement may be made (1) pursuant to an order of a court of competent jurisdiction, to comply with any statute, regulation, or ordinance, (2) to comply with any lawful subpoena, or (3) in any proceeding to enforce the terms of this Agreement.

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: of law and thus the district court wrongly granted Gallagher summary judgment (and this is the most the panel could have held). To that extent the panel’s statement was pure dicta. Gallagher pointed out in a motion for rehearing to the panel that the language quoted above could be erroneously interpreted as a factual finding, but, alas, the panel did not alter its opinion. However, the fact that the panel did not correct the quoted language does not mean that dicta somehow becomes the law of the ease. Significantly, after the Society I panel remande se does not apply where the first appellate ruling transpired before the parties had the opportunity to present all their evidence to the district court. See Enlow v. Tishomingo County, Mississippi, 45 F.3d 885, 888 n. 8 (5th Cir.1995) (<HOLDING>). Given this authority, the law of the case Options: A. holding that because plaintiff failed to advance evidence rebutting motion for summary judgment alongside a concession in their interrogatory response the district court did not err in granting defendants motion for summary judgment B. holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict C. holding that the trial court did not err by granting defendants motion for summary judgment D. holding defendants failure to file motion for judgment notwithstanding verdict did not prevent district court from granting motion for directed verdict for which court reserved decision E. holding that under law of the case appellate decision that material factual issues precluded summary judgment on plaintiffs claims did not preclude district court from later granting defendants motion for a directed verdict because by then the parties had presented all of their evidence

assistant: The best answer is E. holding that under law of the case appellate decision that material factual issues precluded summary judgment on plaintiffs claims did not preclude district court from later granting defendants motion for a directed verdict because by then the parties had presented all of their 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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 357 U.S. 573 78 S.Ct. 1380 2 L.Ed.2d 1547 John Robert JOINES, petitioner,v.UNITED STATES of America. No. 387. Supreme Court of the United States June 30, 1958 Messrs. Judson E. Ruch and R. Palmer Ingram, for petitioner. Solicitor General Rankin, Mr. Warren Olney, III, former Asst.Atty.Gen., and Beatrice Rosenberg, for the United States. On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted. The judgment of the United States Court of Appeals for the Third Circuit is vacated and the case is remanded for consideration in the light of Jones v. United States, 357 U.S. 493, 78 S.Ct. 1253, decided this day. 2 Mr. Justice BURTON and Mr. Justice CLARK dissent for the reasons set forth in the dissenting opinion in 357 U.S. 500, 78 S.Ct. 1258, decided this day.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Sections 6(a), 6(b), 6(c), 7(a), 7(b) and 10(i) of this Agreement shall be considered separate and independent from the other sections of this Agreement and no invalidity of any one of those sections shall affect any other section or provision of this Agreement. However, because it is expressly acknowledged that the pay and benefits provided under this Agreement are provided, at least in part, as consideration for the obligations imposed upon Executive under Sections 6(a), 6(b), 6(c), 7(a) and 7(b), should Executive challenge those obligations or any court of competent jurisdiction determine that any of the provisions under these Sections is unlawful or unenforceable, such that Executive need not honor those provisions, then Executive shall not receive the pay and benefits provided for in this Agreement following termination (or if he has already received severance pay or benefits, Executive shall be required to repay such severance pay and benefits to the Company within ten (10) calendar days of written demand by the Company) if otherwise available to Executive, irrespective of the reason for the end of Executive’s employment. Except as set forth in the preceding two sentences, if any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provisions or applications and to this end the provisions of this Agreement are declared to be severable.

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: This Agreement, the Transition Services Agreement and the Confidentiality Agreement constitute the entire agreement between the Parties with respect to the subject matter of this Agreement, the Transition Services Agreement and the Confidentiality Agreement, and supersede any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they related in any way to the subject matter of this Agreement, the Transition Services Agreement or the Confidentiality Agreement.

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: changes in the terms and conditions of employment”); Chamberlin v. 101 Realty, Inc., 915 F.2d 777, 783 (1st Cir.1990) (“[A]n isolated sexual advance, without more, does not satisfy the requirement that an employee asserting a cause of action for hostile environment discrimination demonstrate an abusive workplace environment.”). There was no proof that Peter Rodriguez touched or physically threatened Pomales. While we do not preclude the possibility of a single-incident hostile work environment claim based on exclusively verbal conduct, successful single-incident claims typically have involved unwanted physical contact. See Barbara Lindemann & Paul Gross-man, Employment Discrimination Law at 795 n. 240 (3d ed.1996) (collecting cases). Finally, Pomales presented no h Cir.2000) (<HOLDING>). Accordingly, we affirm the district court’s Options: A. holding that a single offensive racist comment was not sufficient to establish a hostile work environment B. recognizing a hostile work environment claim under section 1983 C. holding that evidence of a single battery and two offensive remarks over six months did not establish a hostile environment D. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive E. holding that ajlthough a continuing pattern of hostile or abusive behavior is ordinarily required to establish a hostile environment a single instance can suffice when it is sufficiently egregious and holding that the plaintiff established that she suffered a sexually hostile working environment where she alleged she was raped by a male coworker

assistant: The best answer is C. holding that evidence of a single battery and two offensive remarks over six months did not establish a hostile environment
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: Lester and had received an automobile ride to her house in the mid-morning of the day of the murder; on the way, he purchased a bottle of wine. Late in the afternoon, Reid was observed walking from the direction of Lester’s house, drunk and covered in blood. The blood on Reid’s clothing was later determined to be consistent with Lester’s DNA. Reid’s fingerprints were found in blood on the telephone in Lester’s bedroom, his saliva was found on a cigarette butt left in the room, and his handwriting was found on pieces of paper in the house. Reid, who claimed to have no memory of Lester’s murder, subsequently entered an Alford plea to one count each of capital murder, attempted rape, and attempted robbery. See North Carolina v. Alford, 400 U.S. 25, 37, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970) (<HOLDING>). After a sentencing hearing, the trial judge Options: A. holding that district courts failure to advise defendant of right to plead not guilty and right against selfincrimination were implicit in the courts discussion of the rights he would lose if he pleaded guilty B. holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder C. holding that the applicant had not demonstrated the government was unable or unwilling to control the perpetrators where he contended that the police failed to investigate his reports but admitted that he did not give the police the names of any suspects because he did not know any specific names and his wife testified that the police investigated the complaints but were ultimately unable to solve the crimes D. holding that a request for an instruction on entrapment should be refused even if there is evidence to support the defense if the defendant has denied under oath the acts constituting the crime that is charged E. holding that a defendant may plead guilty even if he is unwilling or unable to admit his participation in the acts constituting the crime

assistant: The best answer is E. holding that a defendant may plead guilty even if he is unwilling or unable to admit his participation in the acts constituting the crime
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: with other free individuals — was unknown through much of history and is unknown even today in many parts of the world. Like other aspects of personal autonomy, it is too easily smothered by government officials eager to tell us what’s best for us. The recent tendency of judges to insinuate tort causes of action into relationships traditionally governed by contract is just such overreaching. It must be viewed with no less suspicion because the government officials in question happen to wear robes. Ill Fortunately, the tide seems to be turning. The California Supreme Court is once again leading the way. Foley v. Interactive Data Corp., 47 Cal.3d 654, 765 P.2d 373, 254 Cal.Rptr. 211 (1988), has taken a bite out of Seaman’s by holding that tort remedies are 805, 195 Cal.Rptr. 421 (1983) (<HOLDING>). At long last, however, we seem to be moving Options: A. holding that plaintiffs unjust enrichment claim was predicated on tort and that it was therefore subject to the statute of limitations for tort actions B. holding the government liable to plaintiffs for breach of contract C. holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship D. recognizing that there can be compelling circumstances in which a trial court can determine that neither party prevailed in a contract case E. holding that a party can be liable in tort for actions authorized by the contract

assistant: The best answer is E. holding that a party can be liable in tort for actions authorized by the contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement shall be contrary to the laws of the jurisdiction in which the same shall be sought to be enforced, the illegality or unenforceability of any such provision shall not affect the other terms, covenants or conditions thereof, and the same shall be binding upon Indemnitor with the same force and effect as though such illegal or unenforceable provision were not contained herein.

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: The Servicer is a duly organized and validly existing limited liability company in good standing under the laws of the State of Delaware and has full power and authority under its organizational documents and under the laws of the State of Delaware to own its properties and to conduct its business as such properties are currently owned and such business is presently conducted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This letter agreement will be governed by and construed in accordance with the domestic laws of New York, without giving effect to the choice of law provisions thereof. The parties agree that the exclusive venue for all disputes under this agreement shall be the federal and state courts sitting in New York County, New York.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All duties, fees, reasonable costs and expenses (including, without limitation, legal fees and expenses) and other compensation contemplated hereby, payable to the Agents and the Lenders or otherwise payable in respect of the Transactions shall have been paid to the extent due.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the University in the dispute over a tuition increase on the theory of a breach of contract, stating: There is no doubt ... that the Board is considered to be an arm of the State Government for the purposes of asserting the defense of sovereign immunity. See Md.Code (1978, 2001 Repl.Vol.), § 12-102 of the Education Article; see also Frankel v. Board of Regents of University of Maryland System, 361 Md. 298, 301, 761 A.2d 324, 325 (2000) (recognizing that the University of Maryland, which is a part of the University System of Maryland, is an independent unit of the Maryland State government); Maas, 173 Md. at 557, 197 A. at 124 (recognizing that the University of Maryland was a State actor for the purposes of sovereign immunity); Pearson v. Murray, 169 Md. 478, 482, 182 A. 590 (1936) (<HOLDING>). [T]he Board is clearly considered a State Options: A. holding that the state police is a state agency B. holding that the university of maryland law school was a state agency C. holding state university is not a person under 1983 D. holding that a state agency created under state law was a state actor E. holding that the words school property do not include a college or university

assistant: The best answer is B. holding that the university of maryland law school was a state agency
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 obligations of the Company or the Bank with respect to payments to Executive pursuant to Section 5(c) or the vesting of Restricted Stock or Options pursuant to Section 5(e) shall exist or apply unless Executive has irrevocably executed the General Release in the form attached as Exhibit A and the expiration of any applicable revocation period with respect to the General Release within 21 days after Executive's Termination Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO AGREES THAT SECTION 13.09(b) OF THE EXISTING CREDIT AGREEMENT SHALL APPLY TO THIS FOURTH AMENDMENT MUTATIS MUTANDIS.

assistant: Submission 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: As a condition to your rights to receive the Completion Bonus and accelerated salary payments under Section II.A, you must execute, deliver and not revoke a general release of claims against the Company and its affiliates in a form reasonably acceptable to the Company and consistent with the post-employment restrictions contained herein. The Company will provide to you the form of such release not later than five calendar days after the date an amount has become payable subject only to your executing, delivering and not revoking the release under this Section V.B. You must execute the release and deliver it to the Company not later than 45 days after the form of release is provided to you. If you do not execute the release, or if you revoke the release before the designated payment date, your rights to payments conditioned upon your timely execution of such release shall be forfeited. If the 45-day period contemplated hereby crosses calendar years, the payments required hereunder shall be paid in the second calendar year to comply with Code Section 409A.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All sums payable by Licensee hereunder shall be due Quarterly and paid to Licensor in the United States and in the currency of U.S. Dollars (USD). All consideration subject to the fees of this section in a currency other than U.S. dollars shall be converted by Licensee to U.S. Dollars.

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: No modification, amendment or addition to this Agreement, or any provision hereof, shall be effective unless reduced to writing and signed by a duly authorized representative of each Party. No provision of this Agreement shall be varied, contradicted or explained by any oral agreement, course of dealing or performance or any other matter not set forth in an agreement in writing and signed by a duly authorized representative of each Party.

assistant: Modifications
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: There are no actions, suits, arbitrations, investigations (including, without limitation, any of the foregoing which, to the knowledge of Maker, are pending or threatened) or other legal proceedings affecting Maker or affecting any of its property before any governmental authority which would reasonably be expected to have a material adverse effect on the ability of Maker to perform its obligations under this Note and the Collateral Documents to which it is a party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties acknowledge that irreparable damage would occur in the event that any of the provisions of this Agreement, including Section 6.1, were not performed in accordance with its specific terms or were otherwise breached. The parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement, including Section 6.1, and to enforce specifically the terms and provisions hereof in any court having jurisdiction, such remedy being in addition to any other remedy to which they may be entitled at law or in equity.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( c ) as part of your use of the products , you affirmatively consent to the processing and storage of your personal information in the united states and the united kingdom , including the processing and storing of your personal information in the united states and the united kingdom for the purposes of processing payments and tracking individual use of the products .

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: (a) The Borrower agrees to pay to each applicable Revolving Facility Lender (other than any Defaulting Lender), through the Administrative Agent, on the date that is three Business Days after the last day of March, June, September and December in each year (beginning with the first fiscal quarter ending after the Closing Date) and on the date on which the Revolving Facility Commitments of such Revolving Facility Lender shall be terminated as provided herein, a commitment fee (a “ Commitment Fee ”) on the daily amount of the applicable Available Unused Commitment of such Revolving Facility Lender during the preceding quarter (or other period commencing with the Closing Date or ending with the date on which the last of the Commitments of such Revolving Facility Lender shall be terminated) at a rate equal to the Applicable Commitment Fee. All Commitment Fees shall be computed on the basis of the actual number of days elapsed in a year of 360 days. For the purpose of calculating any Revolving Facility Lender’s Commitment Fee, the outstanding Swingline Loans during the period for which such Revolving Facility Lender’s Commitment Fee is calculated shall be deemed to be zero. The Commitment Fee due to each Lender shall commence to accrue on the Closing Date and shall cease to accrue on the date on which the last of the Commitments of such Revolving Facility Lender shall be terminated as provided herein.

assistant: Fees