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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not use the service to engage in any form of harassment or offensive behaviour , including but not limited to the posting of communications , pictures or recordings which contain libelous , slanderous , abusive or defamatory statements , or racist , pornographic , obscene , or offensive language ;

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: The confidentiality undertakings at clauses 2 and 3 above shall not apply to any Confidential Information which the Recipient Party can prove: (c) was obtained legally from any third party, and is not the subject of any restriction as to its use or disclosure imposed by or on that third party at the time of provision; or

assistant: No
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 Participant shall be required to pay to the Company, and the Company shall have the right to deduct from any compensation paid to the Participant pursuant to the Award, the amount of any required withholding taxes in respect of the Award and to take all such other action as the Committee deems necessary to satisfy all obligations for the payment of such withholding taxes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands and other communications (collectively, “ Notices ”) given pursuant to this Agreement shall be electronic or in writing, and shall be delivered by email or by personal service, courier, facsimile transmission or by United States first class, registered or certified mail, postage prepaid, addressed to the party at the address set forth on the signature page to this Agreement. Any Notice, other than a Notice sent by registered or certified mail, shall be effective when received; a Notice sent by registered or certified mail, postage prepaid return receipt requested, shall be effective on the earlier of when received or the fifth day following deposit in the United States mails. Any party may from time to time change its address for further Notices hereunder by giving notice to the other party in the manner prescribed in this Section. Notwithstanding the foregoing, the Company may send the information set forth in Paragraphs 2.1 and 2.2 via email.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party, it being understood that all parties need not sign the same counterpart. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or other electronic transmission, including by e-mail attachment, shall be effective as delivery of a manually executed counterpart of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: State of Georgia under USERRA is only permissible to the extent the state has explicitly waived its sovereign immunity. Having considered the applicable US-ERRA principles, we turn our attention to Tennessee’s sovereign immunity. II. Tennessee’s SOVEREIGN Immunity Tennessee’s sovereign immunity arises from its constitution. Article I, section 17, of the Tennessee Constitution provides that “suits may be brought against the State in such manner and in such courts as the Legislature may by law direct.” Based upon this constitutional provision, no civil action against the State may be sustained absent express authorization from the Tennessee General Assembly. Greenhill v. Carpenter, 718 S.W.2d 268, 270 (Tenn.Ct.App.1986); see also Chumbley v. State, 183 Tenn. 467, 192 S.W.2d 1007 (1946) (<HOLDING>). This principle of law has also been Options: A. holding that the test of admissibility of an incriminating statement under article i section 9 of the tennessee constitution is whether it was freely and voluntarily made B. holding a suit against an agency of the state is a suit against the state C. holding that the tennessee plan as it relates to state appellatecourt judges does not violate the state constitution D. holding execution of mentally retarded individuals fails to achieve legitimate penalogical objectives for punishment as required by the eighth amendment to the united states constitution and article i 16 of the tennessee constitution E. holding that a suit against the state of tennessee is barred by tennessee constitution article i section 17 when it is not brought in such manner as the legislature has directed

assistant: The best answer is E. holding that a suit against the state of tennessee is barred by tennessee constitution article i section 17 when it is not brought in such manner as the legislature has directed
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: Tenant represents and warrants that it has not dealt with any broker or agent in the negotiation for or the obtaining of this Amendment, other than Hughes Marino (“ Tenant Broker ”) and Jones Lang LaSalle (“ Landlord Broker ,” and together with Tenant Broker, “ Brokers ”), and agrees to reimburse, indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord, at Tenant’s sole cost and expense) and hold harmless the Landlord Indemnitees for, from and against any and all cost or liability for compensation claimed by any such broker or agent, other than Brokers, employed or engaged by Tenant or claiming to have been employed or engaged by Tenant. Brokers are entitled to a leasing commission in connection with the making of this Amendment, and Landlord shall pay (a) Tenant Broker’s portion of such commission to Tenant Broker pursuant to a separate agreement between Landlord and Tenant Broker and (b) Landlord Broker’s portion of such commission to Landlord Broker pursuant to a separate agreement between Landlord and Landlord Broker.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: opposed was in fact a violation of [the DCHRA]”). Rather, Plaintiff must merely allege, as she does here, that she complained about the sexually degrading nature of the uniforms, i.e. a protected activity, and was terminated in retaliation. See Am. Compl. ¶¶ 15-16. And, in order to complain that the uniforms were sexually degrading, she need not demonstrate that they were unsafe, of poor quality, and inconsistent with generally accepted hotel industry standards. As a result, CBA Article 8.1 would have no impact on Plaintiffs retaliation claim, and is thus irrelevant to the Court’s preemption analysis. Moreover, it is clear that Plaintiffs right against retaliation is not created by the CBA, but is a state-created right under the DCHRA. See e.g., Lingle, 486 U.S. at 412, 108 S.Ct. 1877 (<HOLDING>). Plaintiff alleges that she engaged in a Options: A. recognizing the statelaw privilege because there was no federal claim to which the records sought would be relevant B. holding that the statelaw protecting employees from retaliatory discharge was independent from the cba because the statelaw claim could be resolved without interpreting the agreement itself C. holding that a wrongful discharge claim based on violation of a state public policy is not preempted because it is a nonnegotiable independent statelaw right D. holding that if the state law claim can be resolved without interpreting the agreement the claim is independent for 301 preemption purposes E. holding that plaintiffs retaliatory discharge claim under michigan law was not preempted because the statelaw tort of retaliatory discharge creates rights independent of those established by the collective bargaining agreement further holding that discrimination claim was not preempted even though the employer was likely to rely on provisions of the cba in its defense

assistant: The best answer is B. holding that the statelaw protecting employees from retaliatory discharge was independent from the cba because the statelaw claim could be resolved without interpreting the agreement itself
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: 2184, 85 L.Ed.2d at 542. A substantial connection is forged where the defendant either engages in significant activities in the State or creates continuing obligations with the State’s residents, thus taking advantage of the benefits and protections of Maryland law. Burger King Corp., 471 U.S. at 475-76, 105 S.Ct. at 2184, 85 L.Ed.2d at 543. “Designing [a] product for the market in the forum State, advertising in the forum State, establishing channels for providing regular advice to customers in the forum State, or marketing the product through a distributor who has agreed to serve as the sales agent in the forum State” exemplify purposeful availment. See Asahi, 480 U.S. at 112, 107 S.Ct. at 1032, 94 L.Ed.2d at 104 (plurality opinion); see also, e.g., Wilson, 337 Md. 541, 654 A.2d 1324 (<HOLDING>); Mohamed, 279 Md. at 659, 370 A.2d at 554 Options: A. holding that maryland law prohibits use of combined reporting B. holding that a maryland court could exercise jurisdiction over an outofstate hospital that provided services to maryland residents and registered as a maryland provider designating itself as a liver transplant referral center C. holding that the university of maryland law school was a state agency D. recognizing strictness of maryland rule in a diversity case E. holding that a maryland court could exercise jurisdiction over an outofstate real estate development company that scouted potential development sites in maryland and through its agents filed a building permit in the state and arranged for the washington suburban sanitation commission to install a storm drain

assistant: The best answer is B. holding that a maryland court could exercise jurisdiction over an outofstate hospital that provided services to maryland residents and registered as a maryland provider designating itself as a liver transplant referral center
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, Employee shall be entitled to participate in such group term insurance, disability insurance, health and medical insurance benefits, life insurance and retirement plans or programs as are from time to time generally made available to executive employees of the Company pursuant to the policies of the Company; provided that Employee shall be required to comply with the conditions attendant to coverage by such plans and shall comply with and be entitled to benefits only to the extent former employees are eligible to participate in such arrangements pursuant to the terms of the arrangement, any insurance policy associated therewith and applicable law, and, further, shall be entitled to benefits only in accordance with the terms and conditions of such plans. The Company may withhold from any benefits payable to Employee all federal, state, local and other taxes and amounts as shall be permitted or required to be withheld pursuant to any applicable law, rule or regulation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease will be interpreted and construed in accordance with the following substantive Laws and the Laws of the United States generally applicable therein, without regard to any provisions of choice of law rules that would result in a different outcome: (a) the Laws of California with respect to contract matters; and (b) the Laws of Nevada with respect to leasehold matters. The UN Convention on Contracts for the International Sale of Goods will not apply to this Lease.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: moved for summary judgment arguing that it was an arbiter under the contract and that it could not be liable to NL for negligence. Texas law permits parties to appoint an expert to act as an arbiter in reviewing engineering or construction designs before they are carried out. The language of article 4.3.Í.1 is similar to the language of other arbiter provisions and clearly expresses the parties’ intent to name Holditch as an arbiter. Compare City of San Antonio v. McKenzie Constr. Co., 136 Tex. 315, 325, 150 S.W.2d 989, 995 (1941); Hooks v. Cook, 345 S.W.2d 592, 592-93 (Tex.Civ. App.—Houston 1961, writ ref’d n.r.e.); Uvalde Rock Asphalt Co. v. Fantham, 210 S.W.2d 646, 648 (Tex.Civ.App.—Galveston 1948, no writ) with Black v. Acers, 178 S.W.2d 152, 154-55 (Tex.Civ.App.1943, writ ref’d) (<HOLDING>). NL argues that article 4.3.Í.1 is ambiguous Options: A. holding that parties to contract intend every clause to have some effect B. holding that exhaustion is not required because the structure of the federal statute shows that congress did not intend to incorporate varying state exhaustion requirements into federal law as a prerequisite to federal district court review C. holding that agreement as to form and content did not constitute agreed judgment D. holding that parties who agreed that a house was to meet requirements of the federal housing administration did not intend to appoint the fha as an arbiter E. holding that a federal court may refuse to exercise continuing jurisdiction even though the parties have agreed to it parties cannot confer jurisdiction by stipulation or consent

assistant: The best answer is D. holding that parties who agreed that a house was to meet requirements of the federal housing administration did not intend to appoint the fha as an arbiter
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, enter into or engage in any material transaction (including any sale, lease, transfer, purchase or acquisition of any assets or the rendering of any service or the amendment, restatement, supplement or other modification to, or waiver of any rights under, any Material Agreement, or the entry into any new Material Agreement) with any of its Affiliates, except on terms and conditions, taken as a whole, that are substantially as favorable to the Borrower or such Restricted Subsidiary as those that would prevail in an arm’s-length transaction with unrelated third parties; provided that the foregoing restriction shall not apply to (a) transactions between or among the Borrower and its Restricted Subsidiaries and not involving any other Affiliate, (b) transactions involving any employee benefit plans or related trusts of the Borrower or any of its Affiliates, (c) the Midstream MLP IPO Transactions and the Midstream MLP Drop-Down Transactions, (d) any agreement attached as an exhibit to or described in the Registration Statement and any transactions pursuant to any such agreement, (e) Restricted Payments permitted hereunder, and Investments in (including credit support of) any joint venture (other than an Unrestricted Subsidiary) not otherwise prohibited hereunder, (f) transactions entered into with Hess or any of its Subsidiaries (other than the Borrower or any of its Subsidiaries) (i) on terms and conditions that are fair and reasonable to the Borrower and its Restricted Subsidiaries (as reasonably determined by a Financial Officer of the Borrower), taking into account the totality of the relationship between the Borrower and its Restricted Subsidiaries, on the one hand, and Hess and its Subsidiaries (other than the Borrower or any of its Subsidiaries), on the other or (ii) with respect to which the Borrower shall have delivered to the Administrative Agent a favorable fairness opinion from a third-party appraiser of recognized standing, (g) the payment of reasonable compensation, fees and expenses to, and indemnity provided on behalf of, directors and officers of Hess GP, the Borrower or any of its Subsidiaries in the ordinary course of business, (h) issuances by the Borrower of Equity Interests and receipt by the Borrower of capital contributions, (i) transactions approved by the Conflicts Committee of the Board of Directors (or equivalent governing body) of Hess GP (or the equivalent successor body to such Conflicts Committee) and (j) any corporate sharing agreements with respect to tax sharing and general overhead and administrative matters.

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 legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN PAPER OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN PAPERS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

assistant: Waiver Of Jury Trials
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: Delivery of, and payment of the purchase price (via wire transfer) for, the Securities shall be made at 9:00 a.m. Houston time, on October 2, 2018, or such other time and date as the Representative shall designate by notice to the Company (such date and time, the “ Closing Date ”) at the offices of Vinson & Elkins L.L.P., 1001 Fannin Street, Suite 2500, Houston, Texas 77002. The Closing Date and the location of delivery of and the form of payment for the Securities may be varied by mutual agreement between the Initial Purchasers and the Company. The Company hereby acknowledges that circumstances under which the Representative may provide notice to postpone the Closing Date as originally scheduled include, but are in no way limited to, any determination by the Company or the Initial Purchasers to recirculate to investors copies of an amended or supplemented Preliminary Offering Memorandum, Pricing Disclosure Package, or Final Offering Memorandum or a delay as contemplated by the provisions of Section 10(e) hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any communication or notice required or permitted to be given hereunder shall be in writing, and, if to the Company, to its principal place of business, attention: President, and, if to Grantee, to the address as appearing on the records of the Company. Such communication or notice shall be deemed given if and when (a) properly addressed and posted by registered or certified mail, postage prepaid, or (b) delivered by hand.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including the filing and recording of financing statements, fixture filings, Mortgages and other documents and recordings of Liens in stock registries), that may be required under any applicable law, or that the Administrative Agent may reasonably request, to cause the Collateral and Guarantee Requirement to be and remain satisfied, all at the expense of the Loan Parties, and provide to the Administrative Agent, from time to time upon reasonable request, evidence reasonably satisfactory to the Administrative Agent as to the perfection and priority of the Liens created or intended to be created by the Security Documents.

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: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties will negotiate in good faith to replace any provision that is invalid or unenforceable with such other valid provision that most closely replicates the economic effect and rights and benefits of such invalid or unenforceable provision.

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 case excerpt and choose the best holding from the options. Case excerpt: was an agent acting within the scope of its authority. “Agency is the fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act.” Raney v. Aware Woman Center for Choice, Inc., 224 F.3d 1266, 1268 (11th Cir.2000) (quoting Restatement (Second) of Agency § 1(1) (1958)). Both the principal and the agent must consent to the agency; a mere association is insufficient. “[T]he person sought to be charged as a master [must have] ‘the right or power to control and direct the physical conduct of the other in the performance of the act.’ If there is no right to control, there is no liability.” Wilson v. United States, 989 F.2d 953, 958-59 (8th Cir.1993) (<HOLDING>). Haynes utterly fails to present evidence of Options: A. holding that a boy scout tribal council incurred no liability for the tort of a troop leader because the tribal council neither consented to control nor actually controlled the actions of the troop leader B. holding that acoma tribal law was the law of the place because the tribal court could have jurisdiction over the plaintiffs claim C. holding that a tribal housing authority established by tribal council pursuant to its powers of selfgovernment was a tribal agency rather than a separate corporate entity created by the tribe D. holding that disputes involving questions of interpretation of a tribal constitution and tribal law is not within the jurisdiction of the district court E. holding that federal courts do not have jurisdiction to interpret a tribal constitution or tribal laws

assistant: The best answer is A. holding that a boy scout tribal council incurred no liability for the tort of a troop leader because the tribal council neither consented to control nor actually controlled the actions of the troop leader
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: Upon the date of the issuance or increase of a Letter of Credit or the deemed issuance of the Existing Letters of Credit under Section 2.3(a), the applicable Issuing Lender shall be deemed to have sold to each other Lender and each other Lender shall have been deemed to have purchased from the Issuing Lender a participation in the related Letter of Credit Obligations equal to such Lender’s Applicable Percentage at such date and such sale and purchase shall otherwise be in accordance with the terms of this Agreement. The applicable Issuing Lender shall promptly notify each such participant Lender by facsimile, telephone, or telecopy of each Letter of Credit issued or increased and the actual dollar amount of such Lender’s participation in such Letter of Credit. Each Lender’s obligation to purchase participating interests pursuant to this Section and to reimburse such Issuing Lender for such Lender’s Applicable Percentage of any payment under a Letter of Credit by such Issuing Lender not reimbursed in full by the Borrower shall be absolute and unconditional and shall not be affected by any circumstance, including (i) any of the circumstances described in paragraph (f) below, (ii) the occurrence and continuance of a Default, (iii) an adverse change in the financial condition of the Borrower or (iv) any other circumstance, happening or event whatsoever, whether or not similar to any of the foregoing, except for any such circumstance, happening or event constituting or arising from gross negligence or willful misconduct on the part of the applicable Issuing Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party shall, and shall cause each of its Subsidiaries to, comply with all applicable Requirements of Law, including all Environmental Laws, in all respects, provided that it shall not be deemed to be a violation of this Section 5.09 if any failure to comply with any Requirement of Law would not result in fines, penalties, remediation costs, other similar liabilities or injunctive relief which in the aggregate would reasonably be expected to result in a Material Adverse Effect. Each Loan Party will maintain in effect and enforce policies and procedures reasonably designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any of the terms, covenants, or conditions hereof may be waived only by a written instrument executed by or on behalf of the Party waiving compliance. No course of dealing on the part of any Party, or its respective officers, employees, agents, accountants, attorneys, investment bankers, consultants or other authorized representatives, nor any failure by a Party to exercise any of its rights under this Agreement shall operate as a waiver thereof or affect in any way the right of such Party at a later time to enforce the performance of such provision. No waiver by any Party of any condition, or any breach of any term or covenant contained in this Agreement, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such condition or breach or a waiver of any other condition or of any breach of any other term or covenant. The rights of the Parties under this Agreement shall be cumulative, and the exercise or partial exercise of any such right shall not preclude the exercise of any other right.

assistant: Waivers
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: (sitting as juvenile court) 1-12-94-Felony Theft (# 4722) — Same disposition as listed above. 12-5-93-Felony breaking and entering (# 4712) — same disposition as listed above. Records indicate that the defendant did pay all restitution and court costs in full. The report states that the officer spoke with John Gadsby, a supervisor for the Centerville Office. The trial court made a factual finding that the defendant committed theft and burglary as a juvenile that would have been felonies had they been committed by an adult. We hold that the trial court was entitled to rely upon evidence of the juvenile offenses contained 'in the presentence report. This court has consistently held the pre-sentence report to be reliable hearsay. See State v. Baker, 956 S.W.2d 8,17 (Tenn.Crim.App.1997) (<HOLDING>). Furthermore, this court has held that Options: A. holding that express adoption of factual findings in presentence report is sufficient B. holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error C. holding district courts adoption of the presentence report constitutes sufficient findings D. holding that due process was violated where a death sentence was imposed based on information in a presentence report and the defendant was not given an opportunity to deny or explain the information E. holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report

assistant: The best answer is E. holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report
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 include all his arguments in one petition. Therefore, we cannot expect that he would have known that the effect of the delay, over which he had no control, would be the loss of his ability to file a petition at all. The facts of this case constitute one of the rare occasions in which equitable tolling under AEDPA is appropriate. The court chose to accommodate the government’s delay in providing King with the voir dire transcripts by issuing a modified scheduling order and in doing so equitably tolled the statute of limitations, given the circumstances of this case. See In re Maughan, 340 F.3d 337, 344 (6th Cir.2003) (ordering time to file extended until the adverse party produced missing documents); Glamer v. United States Dep’t of Veterans Admin., 30 F.3d 697, 701 (6th Cir.1994) (<HOLDING>). Otherwise, the government could prevent any Options: A. holding under the federal tort claims act that plaintiff armed with the facts about the harm done to him is obligated to protect himself by seeking advice in the medical and legal community and to excuse him from promptly doing so by postponing the accrual of his claim would undermine the purpose of the limitations statute B. holding that because the va failed in a legal duty to glarner by not providing him with the proper form his claim under the federal torts claim act was equitably tolled C. holding statute of limitations should not be equitably tolled for taxpayer who filed a refund claim after the applicable statute of limitations D. holding that 2401b of the ftca can be equitably tolled E. holding that because the pro se plaintiff failed to raise a claim under the rehabilitation act we would not consider this claim for the first time on appeal

assistant: The best answer is B. holding that because the va failed in a legal duty to glarner by not providing him with the proper form his claim under the federal torts claim act was equitably tolled
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 is held to be illegal, invalid, or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.

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: (a) Nothing in this Agreement shall be construed as granting or conferring any rights, interests or intellectual property rights by assignment, license or otherwise, relating to any Confidential Information in or for any intellectual property, invention, discovery or improvement or derivative made, conceived or acquired prior or subsequent to the Effective Date.

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 legal provision and list the applicable contract clause categories. Provision: During the Period of Employment, the Executive’s annual rate of discretionary time off accrual shall be four (4) weeks (three (3) weeks of vacation accrual plus five (5) floating/personal holiday days) per year, with such discretionary time off to accrue and be subject to the Company’s discretionary time off policies in effect from time to time, including any policy which may limit discretionary time off (or component thereof) accruals and/or limit the amount of accrued but unused discretionary time off (or component thereof) to carry over from year to year. During the Period of Employment, the Executive shall also be entitled to all other holiday and leave pay generally available to other executives of the Company.

assistant: Vacations
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 of a breach by the Company of its obligations under this Agreement, the Investor, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in 2012, including his failure to successfully complete the 2012 PIP. Dr. Chawla does not claim that Ms. Garfield or Ms. Kaplan acted with discriminatory animus and does not raise a material dispute with Ms. Garfield’s assessment of his 2012 performance, including that, after May 10, 2012, he continued to “make reporting and other errors,” “to not perform work assigned to him by his leader,” “delegate[ ] tasks assigned to him by his leader,” and “communicate in a confrontational and nonproductive manner that prevents meaningful conversation.” Docket No. 37-8 at 9-11. Thus, Dr. Chawla’s attempt to cast doubt on LMC’s other stated reasons, namely, Dr. Chawla’s work performance prior to 2012, does not cast doubt on LMC’s predominant reason for termination. Cf. Bryant, 432 F.3d at 1126-27 (<HOLDING>). It is not incumbent upon the Court to Options: A. holding that because plaintiff cast doubt on the employers dominant stated reason for her termination failure to address the other less consequential reasons for her termination does not entitle farmers to summary judgment B. holding requirement in contract to provide notice for termination but not limiting reasons for termination constitutes atwill employment relationship C. holding that although a reason was provided in the termination letter the without cause termination provision was applicable D. holding that the conflicting explanations given by defendants agents for the plaintiffs termination were also sufficient to raise a reasonable inference that defendants proffered reasons for the termination were pretextual the inconsistent testimony regarding the motivating reasons for plaintiffs termination cast doubts on the asserted nondiscriminatory legitimate reasons and may alone be sufficient to preclude summary judgment on plaintiffs claim E. holding that the numerous inconsistencies in the testimony of the persons primarily responsible for plaintiffs termination when coupled with the timing of plaintiffs termination and the conflicting reasons given by defendants agents for the termination might well persuade a jury that defendant fired the plaintiff in retaliation for the letter sent by her attorney to defendants general counsel

assistant: The best answer is A. holding that because plaintiff cast doubt on the employers dominant stated reason for her termination failure to address the other less consequential reasons for her termination does not entitle farmers to summary judgment
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 that you provide us with any suggestions , comments , improvements , ideas or other feedback ( `` feedback '' ) , you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such feedback for any purpose at our discretion .

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: No representation or warranty contained in this Agreement, and no statement contained in the Disclosure Schedule or in any certificate, list or other writing furnished to Purchaser pursuant to any provision of this Agreement, in each case relating to the Purchased Assets, Assumed Liabilities or the Business, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements herein or therein, in the light of the circumstances under which they were made, not misleading.

assistant: Disclosures
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 “ Term ” of this Lease is the Initial Term plus all Renewal Terms, and a “ Lease Year ” is the twelve month period commencing on January 1 of each year of the Term; provided, however, the first Lease Year shall commence on December 20, 2013 and end on December 31, 2014. The “Initial Term” commences on December 20, 2013 and ends on December 31, 2028, and may be extended for four (4) separate “Renewal Terms” of five (5) years each if: (a) at least twelve (12), but not more than fifteen (15) months prior to the end of the then current Term, Tenant delivers to Landlord a “Renewal Notice” that it desires to exercise its right to extend this Lease for one (1) Renewal Term; and (b) there is no Event of Default on the date Landlord receives the Renewal Notice (the “Exercise Date”) or on the last day of the then current Term.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No delay or omission on the part of the Trustee or any of the Holders in exercising any rights hereunder shall operate as a waiver of such rights or any other rights, and no waiver of any right on any one occasion shall result in a waiver of such right on any future occasion or of any other rights; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.

assistant: No Waivers
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: 475 N.E.2d 886 (Ill.1985); People ex rel. The Illinois Judicial Inquiry Board v. Hartel, 72 Ill.2d 225, 232, 20 Ill.Dec. 592, 380 N.E.2d 801 (1978) (citing to Landmark, 435 U.S. 82, 98 S.Ct. 15359). Courts have declined to recognize a state evidentiary privilege when doing so would impose a substantial cost to federal substantive and procedural policy, particularly when a plaintiff would be precluded from pursuing his federal claims. See Univ. of Penn. v. EEOC, 493 U.S. 182, 193, 202, 110 S.Ct. 577, 107 L.Ed.2d 571 (1990) (refusing to create a new common-law privilege protecting records relating to the peer review process in a Title VII action, finding the records should be produced in part because it was the very peer review process itself that was at issue); Shadur, 664 F.2d at 1059 (<HOLDING>); Accreditation Ass’n for Ambulatory Health Options: A. holding that the state privilege should not apply when the peer review records sought directly related to the allegations challenging the peer review process B. holding that hospitals may be found liable for conspiring with members of medical staff and that evidence of pretextual sham peer review proceedings presented jury question whether hospitals conspired with peer review committees in violation of sherman act C. holding that public disclosure is permitted when the records of a peer review committee are utilized by the west virginia board of medicine D. holding that physicians claim against peer review committee satisfied the interstate commerce jurisdictional requirements of the sherman act E. holding that section 4 precludes medical malpractice plaintiff from discovering peer review information related to his own and other patients cases

assistant: The best answer is A. holding that the state privilege should not apply when the peer review records sought directly related to the allegations challenging the peer review process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Board nor the Administrator, nor any member of either or any delegate thereof, shall be liable for any act, omission, interpretation, construction or determination made in good faith in connection with the Plan, and the members of the Board and the Administrator (and any delegate thereof) shall be entitled in all cases to indemnification and reimbursement by the Company in respect of any claim, loss, damage or expense (including, without limitation, reasonable attorneys’ fees) arising or resulting therefrom to the fullest extent permitted by law and/or under the Company’s articles of incorporation or bylaws or any directors’ and officers’ liability insurance coverage which may be in effect from time to time and/or any indemnification agreement between such individual and the Company.

assistant: Indemnifications
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: USSG § 2F1.1, comment. (n.8(b)) (Nov. 2000) with USSG § 2B1.1, comment. (n.2(E)(ii)) (Nov. 2001) (emphases added). But this change in the language of the Guidelines does not require that we abandon the perspective of the victim, as Kraus suggests. In fact, when collateral has been disposed of, the focus of the then-applicable version of the Guidelines remained on “the amount the victim has recovered,” suggesting that fair market value should be assessed from the victim’s point of view. See USSG § 2B1.1, comment. (n.3(E)(ii)) (Nov. 2014). Kraus also cites cases holding that the fair market value of the actual loss of a victim depends on the market in which the owner, the victim, was selling an item at the time it was stolen. See United States v. Wasz, 450 F.3d 720, 727 (7th Cir. 2006) (<HOLDING>); United States v. Hardy, 289 F.3d 608, 613-14 Options: A. holding that where the real value of an anchoring system design is in the idea not in the physical plans that memorialize it any loss in value of the design represents a loss in the value of the idea which is not a loss of use of tangible property B. holding under the policy language that diminution of market value is not a cause of loss but a measure of a loss caused by something else C. holding that in determining actual loss of merchandise stolen from retailers a reasonable estimate is retail value D. holding that proof of loss is not evidence of extent of loss and insured is not precluded from showing his damages were greater than shown in proof of loss E. holding that the district court was best positioned to assess witness credibility when determining the plaintiffs actual loss

assistant: The best answer is C. holding that in determining actual loss of merchandise stolen from retailers a reasonable estimate is retail value
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 Restricted Stock Units (and any related dividend equivalents) shall become immediately earned and payable as of the date of your termination of employment if your termination is due to your death. Payment will be made as soon as administratively practicable, generally within thirty (30) days after notification of termination from the payroll system.

assistant: Death