Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause specify which state/country's law governs the contract?
Return exactly one of these labels (and nothing else): No, Yes.

This Agreement shall be governed by and construed under the laws of the State of California, excluding conflict of laws provisions and excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: There is personal jurisdiction over a defendant in the state where the defendant is domiciled, or when (1) the defendant has sufficient contacts with the state, such that they have availed itself of the privileges of the state and (2) the claim arises out of the nexus of the defendant's contacts with the state.
Return exactly one of these labels (and nothing else): No, Yes.

Tony (from Texas) is a regional manager for a cookbook company, Tasty Eats Books (incorporated and principal place of business in Delaware). Tony’s job requires him to travel from city to city to show new cookbooks to chefs. In January 2022, he was scheduled to visit restaurants in Illinois, Indiana, and Michigan. While in Michigan, Tony goes to Lake Erie to blow off some steam. He ends up getting into a fight with Arthur, a lawyer from Detroit, Michigan. Tony and Arthur each blame the other for starting the fight. Tony sues Arthur in Illionois.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Classify the function that the question serves. Options: Background, Clarification, Communicate, Criticism, Humor, Implications, Support
Return exactly one of these labels (and nothing else): Background, Clarification, Communicate, Criticism, Humor, Implications, Support.

Why then would this necessarily be -- why would resolving this dispute be at odds with the decree? Because it sounds to me like what you're saying is that they could get water from places other than the mainstream.

Answer:

Background Clarification Communicate Criticism Humor Implications Support

Context: Background


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Diversity jurisdiction exists when there is (1) complete diversity between plaintiffs and defendants, and (2) the amount-in-controversy (AiC) is greater than $75k.
Return exactly one of these labels (and nothing else): No, Yes.

Elijah is from Minnesota. Theodore is from Wyoming. Elijah sues Theodore for wrongful eviction for $3,000.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause describe how user information may be shared with or collected by third parties?
Return exactly one of these labels (and nothing else): No, Yes.

When a child under the age of 13 registers for an account, we use hashing to create a password reminder system that does not require us to retain that child's email address. To do this, we apply the hash function to the email address and associate the resulting hash value (not the e-mail) with the user's account. The e-mail address is immediately discarded after the hash function is applied.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the sentence defines a term.
Return exactly one of these labels (and nothing else): No, Yes.

"Under the American decisional law, the phrase ‘personal injury’ denotes primarily an injury to the body of a person. At least some of the courts, however, have not narrowly limited the term, and have concluded that a personal injury or an injury to the person, within the meaning of the law, does not necessarily involve physical contact with the person injured or mere bodily or physical injuries, but may embrace all actionable injuries to the individual himself.” 1 S. Speiser, C. Krause, & A. Gans, American Law of Torts 6 (1983) See also Black's Law Dictionary 786 (6th ed. 1990). -

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues in the criminal system including when people are charged with crimes, go to a criminal trial, go to prison, or are a victim of a crime?
Return exactly one of these labels (and nothing else): No, Yes.

Like the title states when I was 19 I was an escort for about a year. I was groomed into it by a man I met online. Tony. When I met him I was under the impression he wanted to be my sugar daddy. Instead I was greeted by him and a couple of his girls at a nice hotel. One girl in particular was the star of the show. We were all taken care of by her. Her name was Mo. They promised up to 1,000$ a day for my services. I didn't have a choice I had nothing. We were forced to see up to 8 guys in a single day. Then cut our profit with Tony.  However eventually I came to my senses, took my cash and cut ties. It was incredibly corrupt. They remained bitter at me, sending the occasional threatening message. Very petty nothing worth worrying about. He had my real information such as my email & full name.   Cut to about a year later and a former client sends me a news article. Seems Tony got greedy and started his own service. Except he had really fucked up. He was a third striker caught with an underage girl. Mo lured her in so she was also caught and they went to jail. I was completely removed from their life when they made these choices. Cut to three days ago. I get an email from a detective. He knows my full name. He wants to speak to me immediately. Wants to know everything I know. What the heck do I do!!! I'm terrified.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: A private right of action is when a regular person, a private citizen, is legally entitled to enforce their rights under a given statute. Does the clause specify a private right of action?
Return exactly one of these labels (and nothing else): No, Yes.

Any person who suffers harm pursuant to this section may recover his or her damages in a civil action against the offender.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Label "Yes" if the paragraph interprets a statue using the plain or ordinary meaning of the terms in the statute. The paragraph must reference that it is using plain meaning, or discuss the logic behind using plain meaning. Otherwise label "No".
Return exactly one of these labels (and nothing else): No, Yes.

section 4 of the clayton act states, in pertinent part, that any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor ... and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorneys fee." 15 u.s.c. 15(a) (emphasis added). it is clear from the plain meaning of section 4 that an injury is all that is required for an award of attorneys fees. an award of attorneys fees to the injured party is mandatory. christiansburg garment co. v. eeoc, 434 u.s. 412, 415 & n. 5, 98 s.ct. 694, 697 & n. 5 (1978); alyeska pipeline serv. co. v. wilderness socy, 421 u.s. 240, 261, 95 s.ct. 1612, 1623, 44 l.ed.2d 141 (1975); hydrolevel corp. v. american socy of mechanical engrs, inc., 635 f.2d 118, 130 (2d cir.1980), aff'd, 456 u.s. 556, 102 s.ct. 1935, 72 l.ed.2d 330 (1982). in the instant case, the jury found that the nfls monopolization of the united states major league professional football market injured the usfl. an injury having been found, the awarding of attorneys fees to the usfl was compulsory.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues in the criminal system including when people are charged with crimes, go to a criminal trial, go to prison, or are a victim of a crime?
Return exactly one of these labels (and nothing else): No, Yes.

Whenever I go to my orthodontist, they have a bunch of dentistry chairs in the back so each patient is getting treated side by side with no privacy. In this same room, there's a big television in the middle with patient's names, reason for visit, treatment for the visit, who they're seeing, appointment time, et cetera. This seems to me like a very clear violation of the law. Am I correct in thinking this?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause specify a cap on liability upon the breach of a party’s obligation? This includes time limitation for the counterparty to bring claims or maximum amount for recovery.
Return exactly one of these labels (and nothing else): No, Yes.

NOTWITHSTANDING THE FOREGOING, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, SUFFERED BY OR OTHERWISE COMPENSABLE TO SUCH OTHER PARTY, ARISING OUT OF, UNDER OR RELATING TO THIS AGREEMENT, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does intellectual property created by one party become the property of the counterparty, either per the terms of the contract or upon the occurrence of certain events?
Return exactly one of these labels (and nothing else): No, Yes.

Premier shall remain as an additional insured on the Heritage's policies, for [***].

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues with accessing health services, paying for medical care, getting public benefits for health care, protecting one's rights in medical settings, and other issues related to health?
Return exactly one of these labels (and nothing else): No, Yes.

I don't think she has a case but now that's she's of more sound mind she's annoyed she was fired because of a hospital visit related to her PTSD.  Basically she was a contract employee for a company when she had an issue that ended up with her in the hospital.  They held her for 4 days but couldn't find a bed for her in a ward better suited for her so eventually released her to my care.  (Ultimately a mistake because she ended up in the hospital again for worse symptoms for a whole two weeks but I digress).    I never contacted her work during those 4 days, I honestly didn't even think of it, I was spending those 4 days sitting in a chair in her hospital room. Upon her release I do contact them and let them know what happened, she still wasn't really in the shape to talk to them but since her job was basically ticket assigning and chat moderation she agreed to go back to work right away since it was simple and done from home at that time anyway. They ask for a picture of her release paper work showing the days spent in the hospital and leave it at that.  I let her know she said she'd handle it, sent them a picture and that was the end of it for a few hours.  A few hours later they contact us saying she sent a picture of the wrong thing, I look and curse myself for not double checking her because in her addled state she did send the wrong thing.  She sent the picture of the paperwork that basically just said they set her up with an appointment with her normal doctor to follow up about the issues with her PTSD and the hospital stay.  I grab her normal paperwork and see that since she transferred hospitals at some point they only had the 2 days at the second hospital listed not the first two.  So we head out to the original hospital and get the paperwork showing all the days she spent.  I'm sitting at the gas station outside our house when we get a call from the contracting company and are told that they have ended her contract and she doesn't have a job anymore.  They do kind of have a history of this.  Two or three months prior to this another coworker of hers who was actually employee there for over 4 years had their contract ended the day after it was revealed she was hospitalized for a suicide attempt.  I don't think she has much of a case because I don't think contract employees have much at all in the way of rights.  Also they didn't actually know she had PTSD the only thing that told them was the paperwork she accidentally sent them, she never told them herself at any point.  Either way I said I would ask.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the clause provides that all Confidential Information shall be expressly identified by the Disclosing Party.
Return exactly one of these labels (and nothing else): No, Yes.

1. The Receiving Party agrees to treat all information provided by the Providing Party in connection with the Business Under Discussion to the Receiving Partner and/or any of its partners, directors, officers, employees, affiliates, insurers, agents, advisors or auditors (the “Representatives”), regardless of the manner in which it is so furnished, together with any analyses, compilations, data, studies or other documents or records, whether of an oral, written or electronically retrievable nature (collectively the “Information”), as strictly confidential.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: The JCrew Blocker is a provision that typically includes (1) a prohibition on the borrower from transferring IP to an unrestricted subsidiary, and (2) a requirement that the borrower obtains the consent of its agent/lenders before transferring IP to any subsidiary. Do the following provisions contain JCrew Blockers?
Return exactly one of these labels (and nothing else): No, Yes.

Property abandoned or allowed to lapse in accordance with Section 5.6 of the Guarantee and Collateral Agreement) or scrap, in each case Disposed of in the ordinary course of business or by operations or divisions discontinued or to be discontinued, (c) without recourse and in the ordinary course of business of overdue accounts receivable in connection with the compromise or collection thereof, (d) constituting the non-exclusive licensing of Intellectual Property in the ordinary course of business (other than any licensing of Intellectual Property that could reasonably be expected to (i) materially impair the value of any material Intellectual Property or (ii) materially impair or restrict the business, assets, operations or financial condition of the Borrower and the Restricted Subsidiaries taken as a whole), (e) constituting the settlement, release or surrender of tort or other litigation claims, (f) constituting the lease or sublease of real or personal property in the ordinary course of business, so long as the fair market value of such property at the time of lease or sublease does not exceed $1,000,000 in the aggregate during the term of this Agreement, (g) constituting asset contributions made in connection with Investments otherwise permitted under Section 7.7, (h) among the Borrower and the Guarantors, (i) that results in cash consideration of less than $1,000,000 (or if less, the corresponding threshold set forth in the ABL Agreement) and (j) constituting an Equity Issuance.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues that arise within a family, like divorce, adoption, name change, guardianship, domestic violence, child custody, and other issues?
Return exactly one of these labels (and nothing else): No, Yes.

A little backstory i think is necessary: Back in mid-2000's my wife and I divorced. Around 2013, I filed for custody and given the circumstances she was in, I was granted custody as it was clearly the better place for him to live.  My son (16 years old) visits his mom during the summers and had stated to me before leaving he wanted to live with her. I think this was due to him getting in some serious trouble soon before he left and wanting what he thinks will be a more lenient household. Also he had a serious falling out with his best friends shortly before he left as well. He told me again during a Skype call a couple weeks back that he still wanted to stay at his mom's. I was considering allowing him to move back there at the end of the next summer but wanted to talk to his mom and get a lawyer involved to protect all parties' interests.   Yesterday I was served with paperwork, filed by my ex-wife, that I abuse our son. It seems to reference a couple of incidents that I somehow harmed him. Im not sure, it doesnt go into specifics. As a single parent Ive tried really hard to provide the best life I can for him. I didnt even file for child support so his mom would have more money to do fun stuff with him when he visited as we were *fairly* secure at the time. Im really scared what could happen with these accusations.   I cant imagine any proof they might have since abuse never occurred.  Any advice or comments would be much appreciated. Thanks for reading.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Is there a requirement for insurance that must be maintained by one party for the benefit of the counterparty?
Return exactly one of these labels (and nothing else): No, Yes.

6.1 Both parties shall at all times while this Agreement is in effect and for one (1) year thereafter, at its expense, carry and maintain, at its own expense, insurance on all its operations necessary to comply with insurance laws as applicable.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Determine whether the following statements are entailed under the statute.
Return exactly one of these labels (and nothing else): Contradiction, Entailment.

statute:
(F) A brother or sister of the father or mother of the taxpayer.

description:
Charlie is Bob's father since April 15th, 2014. Alice married Charlie on October 12th, 1992.

question:
Alice bears a relationship to Bob under section 152(d)(2)(F).

Answer:

(F) A brother or sister of the father or mother of the taxpayer.
 Charlie is Bob's father since April 15th, 2014. Alice married Charlie on October 12th, 1992.
 Alice bears a relationship to Bob under section 152(d)(2)(F).


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues that arise within a family, like divorce, adoption, name change, guardianship, domestic violence, child custody, and other issues?
Return exactly one of these labels (and nothing else): No, Yes.

Sorry for the long title, I called my dad who is the owner of the property and since I have shit service where I live it dropped, so I gave them his number and then they just left and never called him back. I have tried looking their numbers to people that I think are related, but no one answers. Can I just untie their boat and let it drift away or should I do something else?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues related to working at a job, including discrimination and harassment, worker's compensation, workers rights, unions, getting paid, pensions, being fired, and more?
Return exactly one of these labels (and nothing else): No, Yes.

She asked for all original copies so she could bring them to wherever and have them copied. She said I wouldn't have to sign anything and it would be fine, because they just need proof that the person coming here knows a citizen from America.  This seemed really sketchy to me, 1 because I haven't known them THAT long... and 2 - she asked not to tell my mom (who keeps all of those documents for me) and lie to her and say that it was for work purposes.  My question is - is this as sketchy as I think it is? My mom told me it was definitely not OK to give those documents over and not to 'vouch' for anyone coming especially someone I don't know.  What are your thoughts?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Label "Yes" if the paragraph interprets a statue using the plain or ordinary meaning of the terms in the statute. The paragraph must reference that it is using plain meaning, or discuss the logic behind using plain meaning. Otherwise label "No".
Return exactly one of these labels (and nothing else): No, Yes.

the office of section 362(h) is not to redress tort violations but to protect the rights conferred by the automatic stay. if one creditor muscled out the others in violation of the stay, the bankruptcy court would impose monetary sanctions under subsection (h). if the defendant here had intimidated the debtor into giving up her right of discharge, the bankruptcy court would have ordered under the authority of the same subsection the monetary relief necessary to restore her to the financial position she would have occupied had the defendant not resorted to intimidation. the interest in judicial economy, as embodied in the clean-up doctrine of equity, wal-mart stores, incorporated associates health & welfare plan v. wells, 213 f.3d 398, 400-01 (7th cir.2000); medtronic, inc. v. intermedics, inc., 725 f.2d 440, 442 (7th cir.1984); mowbray v. mosely, hallgarten, estabrook & weeden, inc., 795 f.2d 1111, 1114 (1st cir.1986); 1 dan b. dobbs, dobbs on the law of remedies: damages-equity-restitution 2.7, pp. 180-81 (2d ed.1993), might allow the court to top off relief designed to redress any financial injury inflicted by the violation of the automatic stay with an award of damages for incidental harms, perhaps including emotional distress if adequately proved, to spare the debtor from having to bring two suits. fleet mortgage may have been such a case, since the misconduct of the defendant in violating the automatic stay imposed substantial legal costs on the plaintiff, which are not alleged here. no financial injury is alleged in this case, and we do not think that emotional injury is compensable under section 362(h) when there is no financial loss to hitch it to by means of the clean-up doctrine.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does intellectual property created by one party become the property of the counterparty, either per the terms of the contract or upon the occurrence of certain events?
Return exactly one of these labels (and nothing else): No, Yes.

Consultant agrees to sign, execute and acknowledge or cause to be signed, executed and acknowledged without cost, but at the expense of Company, any and all documents and to perform such acts as my be necessary, useful or convenient for the purposes of perfecting the foregoing assignments and obtaining, enforcing and defending intellectual property rights in any and all countries with respect to Inventions.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Classify the function that the question serves. Options: Background, Clarification, Communicate, Criticism, Humor, Implications, Support
Return exactly one of these labels (and nothing else): Background, Clarification, Communicate, Criticism, Humor, Implications, Support.

Well, answer Justice Alito's entire question. The astrologer might not be good enough. I don't feel like it, is that good enough?

Answer:

Context: Background


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Diversity jurisdiction exists when there is (1) complete diversity between plaintiffs and defendants, and (2) the amount-in-controversy (AiC) is greater than $75k.
Return exactly one of these labels (and nothing else): No, Yes.

Benjamin is from Georgia. Emma is from North Dakota. Benjamin sues Emma for defamation for $2,555,000.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the above statement disclose to what extent, if any, that the retail seller or manufacturer conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains? The disclosure shall specify if the verification was not an independent, unannounced audit.
Return exactly one of these labels (and nothing else): No, Yes.

Sunsweet Supplier Sustainability Guidelines

At Sunsweet, we recognize the critical role we play in offering healthy fruits and beverages to our loyal and discerning consumers around the world. The vast majority of our products are grown in California, delivered to Sunsweet by our own owner-growers. We work with our grower-members and visit their farms on a continual basis to facilitate crop practices and navigate the challenges of producing the best quality fruit in our highly-regulated California environment.

We also source certain unique fruits and ingredients from other countries, and doing this sustainably requires that we balance the social, environmental and economic benefits and risks of all such products, including how they are procured, manufactured and used. Sunsweet is committed to ensuring that our supply chain reflects Sunsweet’s values and respect for human rights and the environment. Strategic suppliers play a key role in our efforts to ensure that we manage our global supply chain in a sustainable way.

It is important to Sunsweet, our customers and our consumers that suppliers perform consistently with these Guidelines. We believe that compliance with all applicable laws is the foundation for sustainability. But in addition to compliance, we encourage suppliers to make continuous improvement as they identify new and innovative ways to create value and mitigate risk in the social, environmental and economic dimensions of sustainability.

Health & Safety: Suppliers must provide and maintain a safe and healthy working environment that meets or exceeds applicable laws and regulations for occupational safety and health.

Wages & Work Hours: Suppliers must comply with all applicable minimum wage, overtime and maximum hour laws, as well as other wage and hour regulations.

Forced or Child Labor: Suppliers must not use forced labor or involuntary prison labor. Suppliers must not employ underage individuals as defined by applicable child labor laws.

Security: Suppliers must implement measures to secure our international supply chain and comply with all applicable customs and anti-terrorism laws.

Non-Discrimination: Suppliers must maintain a work environment that respects the dignity and worth of each individual and not discriminate on the basis of any protected factor or activity, as defined by applicable law or regulation. Suppliers must comply with applicable laws related to an employee’s choice to join, or refrain from joining, any legally sanctioned association or organization.

Environmental Responsibility: Suppliers must meet all applicable environmental rules, regulations and laws in the countries where they do business. In addition, we encourage our suppliers to consistently look for new and better ways to conserve resources, reduce

the impact of products in use, and reduce manufacturing waste.

Product Certifications: In addition to standard safety and product stewardship assurances, we encourage suppliers to evaluate potential certifications as tools to verify and communicate the ongoing application of sustainable practices in sourcing, manufacturing and quality management activities.

Economic: Suppliers are expected to develop programs to drive long-term profitability, providing products and services that are preferred, creating greater value in the healthy foods and beverages produced for our customers and consumers, supporting economies through the purchase of goods and services, paying taxes and providing other forms of good citizenship and community support.

Anti-Corruption: We expect suppliers to operate with integrity. Suppliers must comply with the U.S. Foreign Corrupt Practices Act as well as any other anti-corruption laws in the jurisdictions in which they do business.

Financial Responsibility: Suppliers are expected to develop and apply appropriate internal controls, accountability and governance models that ensure accurate reporting and encourage financial stability.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the clause provides that the Receiving Party shall not use any Confidential Information for any purpose other than the purposes stated in Agreement.
Return exactly one of these labels (and nothing else): No, Yes.

Without limiting the aforesaid, the existence of discussions between the Parties regarding the Proposed Transaction shall constitute Confidential Information hereunder. a. The Receiving Party shall hold confidential and not disclose to any Person, without the prior written consent of the Disclosing Party, all Confidential Information and any information about the Proposed Transaction, or the terms or conditions or any other facts relating thereto, including, without limitation, the fact that discussions are taking place with respect thereto or the status thereof, or the fact that Confidential Information has been made available to the Receiving Party or its Representatives; provided, however, that the Receiving Party may disclose such Confidential Information to its Representatives who are actively and directly participating in its evaluation of the Proposed Transaction or who otherwise need to know the Confidential Information for the purpose of evaluating the Proposed Transaction; All media releases, public announcements and other disclosures by either Party relating to this Agreement or the subject matter hereof, including promotional or marketing material, but excluding announcements intended solely for internal distribution or to meet legal or regulatory requirements, shall be coordinated with and approved by the other Party prior to release.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues in the criminal system including when people are charged with crimes, go to a criminal trial, go to prison, or are a victim of a crime?
Return exactly one of these labels (and nothing else): No, Yes.

I need to write a complete last will and testament for a college assignment. I have a simple will I wrote by hand but it is barebones. I know it doesn't cover everything and my professor wants this will to be complete. Are there any actually free templates out on the internet? Any tips at all?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause specify that one party can terminate this contract without cause (solely by giving a notice and allowing a waiting period to expire)?
Return exactly one of these labels (and nothing else): No, Yes.

This Agreement may be terminated by Anixa, without cause, upon at least thirty (30) days written notice to OntoChem.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: The UCC (through Article 2) governs the sale of goods, which are defined as moveable tangible things (cars, apples, books, etc.), whereas the common law governs contracts for real estate and services. For the following contracts, determine if they are governed by the UCC or by common law.
Return exactly one of these labels (and nothing else): Common Law, UCC.

Maverick grabs a sandwich on his way to work from Lucy's deli. Is this contract governed by the UCC or the common law?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the sentence contain language overruling a previous case?
Return exactly one of these labels (and nothing else): No, Yes.

however, we disapprove angelus to the extent that it holds section 733.212(3) does not bar objections that a personal representative was never qualified to serve.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: The UCC (through Article 2) governs the sale of goods, which are defined as moveable tangible things (cars, apples, books, etc.), whereas the common law governs contracts for real estate and services. For the following contracts, determine if they are governed by the UCC or by common law.
Return exactly one of these labels (and nothing else): Common Law, UCC.

Zoey contracts with Gabriel for the supply of twenty motors. Is this contract governed by the UCC or the common law?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause specify a cap on liability upon the breach of a party’s obligation? This includes time limitation for the counterparty to bring claims or maximum amount for recovery.
Return exactly one of these labels (and nothing else): No, Yes.

"AbbVie Know-How" means all Information that is (a) Controlled by AbbVie or any of its Affiliates during the Term, (b) developed or acquired by AbbVie or any of its Affiliates during the Term as a result of performance under this Agreement, (c) not generally known and (d) necessary or reasonably useful for the Exploitation of the Licensed Compound or a Licensed Product, but excluding any Joint Know-How or Information published in any AbbVie Patents or Joint Patents.<omitted>"AbbVie Patents" means all of the Patents that (a) are Controlled by AbbVie or any of its Affiliates during the Term, (b) claim inventions made or conceived by or on behalf of AbbVie or any of its Affiliates during the Term as a result of performance under this Agreement, and (c) are necessary or reasonably useful (or, with respect to patent applications, would be necessary or reasonably useful if such<omitted>patent applications were to issue as patents) for the Exploitation of the Licensed Compound or a Licensed Product, but excluding any Joint Patents.<omitted>Upon the Effective Date, AbbVie hereby grants to Harpoon a non-exclusive, royalty-free license, without the right to grant sublicenses (other than to permitted subcontractors of Harpoon in accordance with Section 3.7), under the AbbVie Patents, AbbVie Know-How, and AbbVie's interests in the Joint Patents and the Joint Know-How, to Develop and Manufacture the Licensed Compounds or Licensed Products in the Territory solely to the extent necessary for Harpoon to perform its obligations as set forth in, and subject to, the Initial Development Plan.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues in the criminal system including when people are charged with crimes, go to a criminal trial, go to prison, or are a victim of a crime?
Return exactly one of these labels (and nothing else): No, Yes.

So I live in Chicago and am currently renting from a condo owner out who lives in Florida. The building I live in is managed by a property management company, but we don't pay through them at all and they refuse to answer all phone calls about even the simplest requests. They have a policy that a dog can't be over 25 lbs.  My GF just rescued a great dane/retriever mix who is 3 years and very mild mannered (75lbs). Our maintenance guy said there is no way we can keep her and have to get rid of her asap. Is there any way around us having to get rid of her?   TLDR GF adopted a dog that is much larger than the policy of prop. mgmt company allows, however we don't have any affiliation with prop. mgmt company, IE not renting through them.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Hearsay is an out-of-court statement introduced to prove the truth of the matter asserted.
Return exactly one of these labels (and nothing else): No, Yes.

On the issue of the sanity of Bobby, the fact that Bobby told a friend that she believed she was Santa Clause.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause specify a cap on liability upon the breach of a party’s obligation? This includes time limitation for the counterparty to bring claims or maximum amount for recovery.
Return exactly one of these labels (and nothing else): No, Yes.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL XACCT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF THE PRODUCT AND DOCUMENTATION EVEN IF XACCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Answer:

XACCT Technologies, Inc.SUPPORT AND MAINTENANCE AGREEMENT.PDF


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause give a party the right to audit the books, records, or physical locations of the counterparty to ensure compliance with the contract?
Return exactly one of these labels (and nothing else): No, Yes.

We may access the information system in the Franchised Restaurant or from other locations.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause require consent or notice of a party if the contract is assigned to a third party?
Return exactly one of these labels (and nothing else): No, Yes.

Any assignment not in accordance with this Section 13.2 (Assignment) shall be void.

Answer:

Microgenics Corporation - Collaborative Development and Commercialization Agreement.PDF


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause specify that one party can terminate this contract without cause (solely by giving a notice and allowing a waiting period to expire)?
Return exactly one of these labels (and nothing else): No, Yes.

The duration of this Venture (the "Term") will begin on March 1, 2020 and continue in full force and effect until February 28, 2025 or as otherwise provided in this Agreement.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the above statement disclose whether the retail seller or manufacturer provides training to employees on human trafficking and slavery? Broad policies such as ongoing dialogue on mitigating risks of human trafficking and slavery, or increasing managers' and purchasers' knowledge about health, safety and labor practices, qualify as training. Providing training to contractors who failed to comply with human trafficking laws counts as training.
Return exactly one of these labels (and nothing else): No, Yes.

CALIFORNIA TRANSPARENCY IN SUPPLY CHAINS ACT OF 2010

Destination XL Group, Inc., and its subsidiaries (the "Company") unequivocally support the human rights of all of our employees, and the employees of our global suppliers.

The Company also supports the intent of the California Transparency in Supply Chains Act of 2010 (the "Act").

The Company sells both private-label and branded-label products. Our branded-label suppliers are provided with our Code of Conduct, Global Vendor Agreement and Vendor Compliance Guide (collectively the "Agreement") and they are informed they are required to follow the Agreement. We ask that you visit the websites of branded-label companies to read about their efforts in eradicating slavery and human trafficking.

Under our private-label products, the Company addresses the concerns underlying the Act. Key elements of our practices regarding our private-label products are summarized below:

Verification Process. The Company has reasonable and appropriate measures to address and eliminate slave labor and human trafficking in and among its vendor factories and facilities;

Audit Process. The Company selects the independent audit party to evaluate the factories and facilities of the Company's vendors with respect to compliance with the Act;

Certification Process. The Company has reasonable and appropriate measures to make sure that the merchandise does not violate the laws regarding slavery and human trafficking of the country or countries in which it transacts business;

Accountability Standard. The Company's private-label product factories' standards are monitored by the independent audit provider with direct reporting to the Company. The Company has developed and maintains internal accountability standards and procedures for its employees, contractors and/or suppliers for any failure to comply with the laws regarding slavery and human trafficking; and

Training. The Company provides internal training to its personnel who are responsible for the supply chain of our private label products, including human trafficking and slavery, particularly with respect to mitigating risks within the supply chain of merchandise.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues related to working at a job, including discrimination and harassment, worker's compensation, workers rights, unions, getting paid, pensions, being fired, and more?
Return exactly one of these labels (and nothing else): No, Yes.

In Dec 2006, I was in the process of making a move across several states. While driving up, I admittedly going WAY too fast, trying to make it to a job interview in my new state. (I previously had never had any traffic tickets.)  Anyways, I got pulled over in Dinwiddie VA, ticketed and cited with "Reckless Endangerment" for how fast I was speeding. This was also the last time I drove, as I was in a friend's car (with her egging me on, speedwise. No excuse, but I shouldn't have given in to peer pressure) as I had already sold my own to finance the move.  Because every last dime I had went to a new place to live, I couldn't afford to a.) pay a ticket or b.) even make it back to where I was ticketed to go to court.  It's been nearly 8 years, and having this outstanding ticket has been killing me. I've wanted to set it right, go to court, take my punishment and move on with my life. I've been utilizing public transportation for the last 7+ years, as I'm certain my license was revoked.  I'm still dirt-poor, but finally in a place, financially, where I'm getting close to having enough to afford a lawyer, the trip and hopefully the ticket, so I went back to the VA General District Court website for the first time in a few years, and it appears that it was dismissed last year?  Is that possible?  Under the "Hearing Information" it has two dates with different results:  01/28/2010- Continued  05/09/2016- Finalized  And under "Disposition Information" it says  Final Disposition: Dismissed  Everything else under "Disposition Information" is blank, or set to 0. (Like Sentence/Suspended Sentence/Probation/Operator License Suspension Time...)  I was expecting to pay something to the tune of $2500+ to settle this out. Does that mean it's gone and I don't have to go to court/pay a ticket?  Could I walk into a VA DMV (I reside in VA, just on the other side of the state) and get a new license after so many years, or am I looking at consequences for letting it go this long?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: There is personal jurisdiction over a defendant in the state where the defendant is domiciled, or when (1) the defendant has sufficient contacts with the state, such that they have availed itself of the privileges of the state and (2) the claim arises out of the nexus of the defendant's contacts with the state.
Return exactly one of these labels (and nothing else): No, Yes.

Tony (from Texas) is a regional manager for a cookbook company, Tasty Eats Books (incorporated and principal place of business in Delaware). Tony’s job requires him to travel from city to city to show new cookbooks to chefs. In January 2022, he was scheduled to visit restaurants in Illinois, Indiana, and Michigan. While in Michigan, Tony goes to Lake Erie to blow off some steam. He ends up getting into a fight with Arthur, a lawyer from California. Tony and Arthur each blame the other for starting the fight. Tony sues Arthur in California.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues that arise within a family, like divorce, adoption, name change, guardianship, domestic violence, child custody, and other issues?
Return exactly one of these labels (and nothing else): No, Yes.

So my friend is currently in a holding cell awaiting court at 1:30, she was caught with 3.7 grams of Molly, an ounce of shrooms, 3 ecastcy pills and under 30 grams of weed. My questions are, will I be able to post bail for her? Since it's her first offense can she get an ibond? What can I do to make sure she doesn't land in jail?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause describe how user information is protected?
Return exactly one of these labels (and nothing else): No, Yes.

With Your Consent : Other than as set out above, you will always receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. What About Third-Party Advertisers- Our site includes third-party advertising and links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the above statement disclose whether the retail seller or manufacturer provides training to employees on human trafficking and slavery? Broad policies such as ongoing dialogue on mitigating risks of human trafficking and slavery, or increasing managers' and purchasers' knowledge about health, safety and labor practices, qualify as training. Providing training to contractors who failed to comply with human trafficking laws counts as training.
Return exactly one of these labels (and nothing else): No, Yes.

California Transparency in Supply Chains Act of 2010

Bridgford Foods Corporation is committed to being a responsible corporate citizen, and to actively engaging and promoting socially responsible and ethical business practices. This commitment extends to our supply chain, and we work with our suppliers to ensure that together we manage our business and business relationships in a socially responsible and ethical way.

Effective January 1, 2012, the California Transparency in Supply Chains Act of 2010 requires Bridgford Foods to disclose our efforts to eradicate slavery and human trafficking from our supply chain. Bridgford combats human trafficking on two fronts: first, by holding our suppliers to a high standard of accountability; and second, by ensuring our own employees are made aware of the problem of human trafficking, and providing them with relevant training about the problem of human trafficking. Bridgford is committed to conducting its business in a lawful and ethical manner, and therefore expects both its suppliers and employees to comport themselves in the same manner.

Bridgford has long required compliance with applicable labor and employment laws, including those that address the illegality of human trafficking and slavery. Now, we are taking steps to verify such compliance from our suppliers. To evaluate and address the risks of human trafficking and slavery specific to each link in our supply chain, and verify that our suppliers are combating human trafficking, Bridgford Foods utilizes a Supplier Code of Conduct, which prohibits all types of illegal conduct by our suppliers including unlawful discrimination and harassment as well as human trafficking and slavery.  The Code of Conduct makes clear Bridgford Foods’ commitment to eradicating human trafficking. Bridgford Foods requires each and every supplier to accept the Supplier Code of Conduct, and to sign an acknowledgement of receipt of the Code.

To evaluate supplier compliance with our Supplier Code, particularly with the provisions that prohibit human trafficking and slavery, Bridgford Foods has obtained the authority to conduct unannounced audits of its suppliers to ensure their compliance with the Code of Conduct. If Bridgford ever receives a Complaint or other constructive knowledge of an allegation of human trafficking or slavery, it requires the supplier to perform a thorough and complete investigation and report the results of the investigation to Bridgford. Additionally, Bridgford Foods requires that suppliers certify that all materials incorporated into their products abide by applicable laws regarding slavery and human trafficking.

Moreover, Bridgford Foods has a corporate Human Rights Policy. This policy further advances our goal of remaining socially responsible, while at the same time maintaining an accountability standard to which we hold our employees. As our policy states, we have zero tolerance for human trafficking and slavery. This policy is distributed to, and applicable to, all employees.

To make sure our employees have the requisite knowledge to aid in our efforts to eradicate human trafficking, Bridgford Foods makes available to all our employees various training and information addressing human rights, including the human trafficking training offered by the Department of Homeland Security. All employees are encouraged to avail themselves of these trainings and opportunities.

Bridgford Foods is committed to working closely with its suppliers and others to raise awareness of and eradicate slavery and human trafficking. We remain vigilant on this issue, and, if necessary, will hold any offending supplier accountable for its violation of our policies and the law.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss visas, asylum, green cards, citizenship, migrant work and benefits, and other issues faced by people who are not full citizens in the US?
Return exactly one of these labels (and nothing else): No, Yes.

Hi! My question is related to visas/immigration stuff/employment.   I am not a U.S. citizen and as an international student I completed a bachelors degree in education at an american college. I have a valid teaching license from a state. Currently I'm teaching at a private English-speaking school in my home country and I'm thinking about wanting to return to the states and continue my teaching career there.   I'm not looking for some sort of teacher exchange/"cultural experience" for myself... I am perfectly fluent in English and fully part of the culture (minus the rodeos; went to one and was terrified #peta). Ideally I'd like some sort of permanent resident situation but I'm not quite sure how to get there. All I've been seeing online is a lot of lists of forms but I have no clue what the actual process looks like.   I'm not sure if this is a common or uncommon thing, but if anyone has any advice please comment below!

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause specify that one party can terminate this contract without cause (solely by giving a notice and allowing a waiting period to expire)?
Return exactly one of these labels (and nothing else): No, Yes.

During the Term and subject to the limitations set forth in this Agreement, Naked shall have an exclusive right and license in the Territory to use Athlete's name, nickname, initials, autograph, image, likeness, photographs, biographical details, facsimile signature, voice, videos, electronic media depictions, any words, symbols or other depictions, as well as any other identifying attributes that would identify Athlete to the public, including any trade mark(s), copyrights which Wade has, as set forth on Schedule A attached hereto, and all multimedia assets that Wade owns or has right to use (collectively, the "Wade Image") solely for the advertising, endorsement, promotion, or sale of the Naked Products (including the Wade Products) in the Territory as follows:<omitted>(1) On Naked's website(s) ("Website"); (2) In social media channels, including, but not limited to Facebook, Instagram, Twitter, YouTube, Google+, Tumblr and other mutually agreeable channels, with reasonable frequency, to promote Naked Products and Wade Products; (3) In marketing and media opportunities in connection with the Wade Services (as defined below); and (4) For use on the packaging of the Naked Products and Wade Products and on Wade Products themselves.

Answer:

NakedBrandGroupInc_20150731_POS AM (on S-1)_EX-10.75_9196027_EX-10.75_Endorsement Agreement.pdf


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: The UCC (through Article 2) governs the sale of goods, which are defined as moveable tangible things (cars, apples, books, etc.), whereas the common law governs contracts for real estate and services. For the following contracts, determine if they are governed by the UCC or by common law.
Return exactly one of these labels (and nothing else): Common Law, UCC.

Easton cuts Kennedy's hair. Is this contract governed by the UCC or the common law?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: A private right of action is when a regular person, a private citizen, is legally entitled to enforce their rights under a given statute. Does the clause specify a private right of action?
Return exactly one of these labels (and nothing else): No, Yes.

Where an insurer has been soadjudicated to be insolvent, any person who has a cause of action against an insured of such insurer under a liability insurance policy issued by such insurer shall have the right to file a claim in the liquidation proceeding, regardless of the fact that such claim may be contingent, and such claim may be allowed.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: The Telemarketing Sales Rule is provided by 16 C.F.R. § 310.3(a)(1) and 16 C.F.R. § 310.3(a)(2).
Return exactly one of these labels (and nothing else): No, Yes.

Acme Vacations is a telemarketer subject to the Telemarketing Sales Rule. Acme convinced a customer to buy a vacation package to Alaska for $849, but did not disclose that the vacation must occur between the months of November and February. Is this a violation of the Telemarketing Sales Rule?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the sentence contain language overruling a previous case?
Return exactly one of these labels (and nothing else): No, Yes.

we agree and overrule mukhtar to the extent that it required that daubert findings always be made by the district court.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Hearsay is an out-of-court statement introduced to prove the truth of the matter asserted.
Return exactly one of these labels (and nothing else): No, Yes.

To prove that Jose liked red Ferraris, the defense introduces testimony from Tracy discussing how Jose told her that his favorite color is red and his favorite car is a Ferrari.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the above statement disclose to what extent, if any, that the retail seller or manufacturer conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains? The disclosure shall specify if the verification was not an independent, unannounced audit.
Return exactly one of these labels (and nothing else): No, Yes.

California Transparency in Supply Chains Act

As required under the California Transparency Supply Chain Act, we are disclosing our efforts to mitigate the risk of slavery and human trafficking in our supply chain.

Verification

DICK'S Sporting Goods, Inc. is committed to fair labor practices throughout the supply chain. New and existing private brand contracted factories are regularly assessed against our Workplace Standards and Code of Conduct (below) which are based on International Labour Organization standards. Assessments are initiated based on geographic location, workplace history or previous audit record and other policy requirements. These audits are performed by DICK'S Compliance Team members and also by third party verifiers. Results are reviewed by Compliance Managers, who assist factories in remediating issues identified during audits, share key performance data with internal business partners as appropriate, and also engage with industry and NGO stakeholders to identify strategic opportunities to improve working conditions. DICK'S is a Better Work Buyer Partner (www.betterwork.org) and leverages the Better Work program to engage with key factories in countries where Better Work operates.

Auditing

Each year DICK'S audits a significant percentage of our private brand contract factories to determine if they are in compliance with our standards, which in addition to requiring compliance with local laws on working hours, wages and health and safety concerns, also prohibit forced, slave or child labor. Audits are performed by DICK'S compliance personnel or third party verifiers and are semi-unannounced within a negotiated time frame. Annual and follow-up audit frequency is determined in accordance with our policy and is based in part on the level of risk and non-compliance determined by previous audit results.

Certification

As part of the supplier onboarding process, all vendors are required to certify that they conduct business in accordance with all applicable laws and regulations which include any existing laws on slavery and human trafficking in the country of manufacture. DICK'S certifies private brand factories into various risk levels and active status categories. Detailed Corrective Action Plans are required within 14 days for any non-compliance with local law or our Code. Factories must exhibit continuous improvement, transparency, and management cooperation to ensure continued certification and business eligibility. Additional follow up audits are required until high risk issues are resolved. Lack of continuous improvement may result in termination of the business relationship. Factories that demonstrate low risk and strong management systems have opportunities to reduce the frequency of audits.

Internal Accountability

The Director of Global Ethics & Compliance, who reports to the Chief Compliance Officer, is responsible for overseeing the compliance and factory monitoring programs. The Director works with the DICK'S compliance team to ensure that the Factory Compliance Policy is followed and with Product Development and Sourcing teams to integrate key performance data into the sourcing business process and to address high risk factories. In addition to requiring corrective actions and remediation of identified non-compliances, DICK'S actively encourages factories to take ownership of compliance management and implement root cause/management systems based approaches to facilitate sustainable improvement. In addition to working with factory management, DICK'S strategically communicates responsible sourcing guidelines to internal business partners and vendors and also provides "hotline" channels for workers that we engage during factory visits.

Training

DICK'S provides annual training to relevant associates and business units on our Workplace Standards, Code of Conduct and program requirements. Training is conducted with management level associates in roles related to sourcing, product development, quality assurance and who interact with or travel to factories and may be in the best position to identify issues. Training on responsible sourcing guidelines and program expectations is also conducted in annual meetings with vendors and factories.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the clause provides that the Receiving Party may share some Confidential Information with some third-parties (including consultants, agents and professional advisors).
Return exactly one of these labels (and nothing else): No, Yes.

Receiving Party shall carefully restrict access to Sensitive Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the clause provides that all Confidential Information shall be expressly identified by the Disclosing Party.
Return exactly one of these labels (and nothing else): No, Yes.

A. "Confidential Information" of a party shall mean any trade secrets, know-how, inventions, products, designs, methods, techniques, systems, processes, software programs, works of authorship, business plans, customer lists, projects, plans, pricing, proposals and any other information which a party discloses to the Recipient Party that:  (i) if disclosed in writing is clearly marked as confidential or carries a similar legend; or  (ii) if disclosed verbally or in tangible form is identified as confidential at the time of disclosure, then summarized in a writing so marked by the Disclosing Party and delivered to the Recipient Party with fifteen (15) days.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does intellectual property created by one party become the property of the counterparty, either per the terms of the contract or upon the occurrence of certain events?
Return exactly one of these labels (and nothing else): No, Yes.

Any and all liability of EKR to PPI howsoever arising in respect of this Agreement, the Transition Services and Inventory Agreement or the Supply Agreement and their performance in contract tort or otherwise shall be limited (except for death or personal injury caused by the negligence of EKR or its employees while acting in the course of their employment, and except in relation to any specified payment, lump sum, milestone or royalty payment unpaid) to [**] US Dollars ($[**]); provided however that such limitation shall not apply to the extent that PPI or any PPI Indemnified Party is required to pay in excess of such amount to a third party in respect of a final judgment or order obtained by the third party.

Answer:

PACIRA PHARMACEUTICALS, INC. - A&R STRATEGIC LICENSING, DISTRIBUTION AND MARKETING AGREEMENT .PDF


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause describe how and why a service provider collects user information?
Return exactly one of these labels (and nothing else): No, Yes.

Personally Identifiable Information As a general matter, you can browse the Sites without submitting your personally identifiable information to us. However, there are a number of circumstances in which you may supply us with your personally identifiable information, including when you subscribe to our publications, newsletters, and other content; place an order; register for a Site or any part thereof; complete a survey or participate in market research; enter a contest; upload content; or when you seek employment at The Atlantic.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss visas, asylum, green cards, citizenship, migrant work and benefits, and other issues faced by people who are not full citizens in the US?
Return exactly one of these labels (and nothing else): No, Yes.

Here's my situation regarding my marriage..  I am American-Vietnamese, born here in the United States in the state of Georgia. My husband was an international student I met when I was 17. We started a relationship in which lead to our marriage when I was 18. I had our son when I was 19. We went through paper work to change his status and attempt to get his green card through marriage. I am not familiar with what the correct terms of the whole process. During the process I was pregnant with our son, so the initial interview happened to confirm if our marriage was real or not. We definitely passed really easy because of our baby. Since then he got temporary USA resident and temporary work permit (I think that's what it is), and the application for his actual green card applied for. We got lots of confirmation letters that the application had been received. We lived our lives as we waited. During this wait time our relationship went downhill. It was a very unhealthy relationship in which I needed to escape in order to recover myself and to do everything I could to provide for my son. He was arrested when I was 21 for domestic violence. It was an accident on his part but I was scared so I called the police. He had to pay a fine, take family violence classes, and was on parole for a few months. That was the end of our relationship.. the last straw. I immediately moved to Florida with my son to get away and start my life over. I left with nothing but our clothes. I've since then built a life for my son and I here. I am about to turn 23, he is 29, and throughout these two years I have let his dad see him many times. I am grateful for their father-son bond and do not ask much from his father. His dad asked me to continue helping him getting his green card because he does not want to be sent back to Vietnam. Out of fear that he would be sent back and my son would not have his father here in the states or him not being able to help with child support, I agreed. I am in a very healthy relationship right now with a man who loves my son and I for about six months now.  Now that I live in another state and in a relationship, I'm worried. He called to tell me that he got a letter asking for an interview next month. It's been almost two years since I left and this is the first letter. He asked me to fly in for this interview. Let me also add his family here in the states are the ones handling all the paper work and they are the ones going back and forth with the lawyer.. I pretty much have been doing what I was told since this whole process begin and I have no knowledge of what goes on.  All I know is I have to attend this interview and I am nervous. He was arrested and I moved out of state and am in a new relationship. I honestly want out, but I do not know where to start. I no longer care about getting his green card and don't really want any ties to him anymore besides our son. I want to get a divorce and move on with my life. Should I go to this interview and tell them our relationship didn't work out? And I don't want to do this anymore? And is there any chances I can get in trouble?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the clause provides that the Receiving Party may share some Confidential Information with some third-parties (including consultants, agents and professional advisors).
Return exactly one of these labels (and nothing else): No, Yes.

6. Recipient agrees not to reproduce or copy by any means Confidential Information, except as reasonably required to accomplish such Recipient's Permitted Purpose.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: The JCrew Blocker is a provision that typically includes (1) a prohibition on the borrower from transferring IP to an unrestricted subsidiary, and (2) a requirement that the borrower obtains the consent of its agent/lenders before transferring IP to any subsidiary. Do the following provisions contain JCrew Blockers?
Return exactly one of these labels (and nothing else): No, Yes.

Notwithstanding anything in this Section 7.3 to the contrary, any Disposition described in this Section 7.3 shall be permitted if such Disposition is to the Company or any Subsidiary Guarantor.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: The Telemarketing Sales Rule is provided by 16 C.F.R. § 310.3(a)(1) and 16 C.F.R. § 310.3(a)(2).
Return exactly one of these labels (and nothing else): No, Yes.

Acme Homegoods is a telemarketer subject to the Telemarketing Sales Rule. Before completing a sale, Acme Homegoods told a customer that by purchasing a vase, the customer would automatically be entered to win a vacation to London. Acme Homegoods did not tell the customer that the prize did not include transportation to London.  Is this a violation of the Telemarketing Sales Rule?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause specify which state/country's law governs the contract?
Return exactly one of these labels (and nothing else): No, Yes.

This Agreement shall be construed in accordance with and governed by the substantive internal laws of the State of New York.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause describe how and why a service provider collects user information?
Return exactly one of these labels (and nothing else): No, Yes.

Use your information to provide services you've requested or provide you with offers, promotions (e.g., a sweepstakes, fantasy game, subscription to goods or services, etc.) or content or add you to our postal mail list;

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues with paying your rent or mortgage, landlord-tenant issues, housing subsidies and public housing, eviction, and other problems with your apartment, mobile home, or house?
Return exactly one of these labels (and nothing else): No, Yes.

The lease specifically states, "equipment such as additional access points, routers, or signal boosters will negatively affect wireless performance and are strictly prohibited"   I did not think this sounded right, so I looked it up and according to the [FCC] (https://www.fcc.gov/media/over-air-reception-devices-rule) property owners cannot enforce a ban on routers?  Am I missing something here?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Label "Yes" if the paragraph interprets a statue using the plain or ordinary meaning of the terms in the statute. The paragraph must reference that it is using plain meaning, or discuss the logic behind using plain meaning. Otherwise label "No".
Return exactly one of these labels (and nothing else): No, Yes.

. as the supreme court and this court have often stated, when addressing cases involving statutory construction, the starting point must be the language employed by congress. reiter v. sonotone corp., 442 u.s. 330, 337, 99 s.ct. 2326, 2330, 60 l.ed.2d 931 (1979); american tobacco co. v. patterson, - u.s. ------, 102 s.ct. 1534, 1537, 71 l.ed.2d 748 (1982); mountain brook orchards, inc. v. marshall, 640 f.2d 454, 456 (3rd cir. 1981). see bread political action committee v. fec, - u.s.--, 102 s.ct. 1235, 1237, 71 l.ed.2d 432 (1982); dawson chemical co. v. rohm & haas co., 448 u.s. 176, 187, 100 s.ct. 2601, 2608, 65 l.ed.2d 696 (1980); schramm v. department of health & human services, 682 f.2d 85, at 87 (3d cir. 1982). by doing so, we presume that the legislative purpose is expressed by the ordinary meaning of the words used. richards v. united states, 369 u.s. 1, 9, 82 s.ct. 585, 590, 7 l.ed.2d 492 (1962). consequently, [a]bsent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive. american tobacco co. v. patterson, - u.s. , 102 s.ct. 1534, 1537, 71 l.ed.2d 748 (1982) (quoting consumer product safety commission v. gte sylvania, inc., 447 u.s. 102, 108, 100 s.ct. 2051, 2056, 64 l.ed.2d 766 (1980).

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Do the following opinion excerpts rely on statistical evidence? Answer Yes or No.
Return exactly one of these labels (and nothing else): No, Yes.

Dr. Vekker analyzes only correlation and is up front about that goal: "Dr. Bloom's analysis fundamentally ignores the relevant question that I am answering . . . the question in this case whether there are gender disparities in compensation and selections for promotions in Tax and Advisory functions at KPMG." Dr. Vekker's regressions convincingly answer this threshold question of correlation in the affirmative, which is an important starting point. Defendant is correct that, for the reasons discussed below, Dr. Vekker's report, coupled with the remainder of Plaintiffs' evidence, does not convincingly show that causation can be determined on a classwide basis -- but this does not mean that Dr. Vekker's testimony is unhelpful. Dr. Vekker's testimony need only logically advance Plaintiffs' case. It does so by showing that disparities exist and affect all members of the Proposed Class. The motion is denied.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: A mark is generic if it is the common name for the product. A mark is descriptive if it describes a purpose, nature, or attribute of the product. A mark is suggestive if it suggests or implies a quality or characteristic of the product. A mark is arbitrary if it is a real English word that has no relation to the product. A mark is fanciful if it is an invented word.
Return exactly one of these labels (and nothing else): arbitrary, descriptive, fanciful, generic, suggestive.

The mark "Lotus" for software.

Answer:

arbitrary descriptive fanciful generic suggestive


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Do the following opinion excerpts rely on statistical evidence? Answer Yes or No.
Return exactly one of these labels (and nothing else): No, Yes.

Given the massive sample size, and the apparent quality of its statistical analysis, taking into account relevant variables, Integra's allegations establish a plausible claim. And given Integra's transparency regarding the formula which it used to analyze all 13 million samples, it has put Mariner on notice of the "particular misconduct which is alleged to constitute the fraud charged." Bly-Magee, 236 F.3d at 1019. Integra's statistical models, combined with the particular details it has provided regarding the "who, what, when, where, and how" of the fraudulent scheme, are sufficient to state a claim under the FCA.3 Ebeid, 616 F.3d at 998 (9th Cir. 2010) (internal quotation omitted).

 [*949]  Moreover, even if an FCA claim requires specific [**18]  evidence of unlawful conduct in addition to statistical evidence, see Providence, 2021 U.S. App. LEXIS 9393 at *11 n.5, Integra has included such allegations here. Integra has provided specific details concerning the fraudulent scheme, including the "who" (Mariner management and Mariner employees at the 22 Defendant SNFs); the "what" (billing for medically unnecessary services, or services that were not provided at all); the "when" (claims for patients admitted on or after January 1, 2011, and prior to October 1, 2016); the "where" (at each of the 22 Defendant SNFs); and the "how" (charging a higher rate of UHR therapy to fraudulently maximize Medicare reimbursement).

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the above statement disclose to what extent, if any, that the retail seller or manufacturer conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains? The disclosure shall specify if the verification was not an independent, unannounced audit.
Return exactly one of these labels (and nothing else): No, Yes.

On January 1, 2012, the California Transparency in Supply Chains Act of 2010 (SB 657), codified at California Civil Code Section 1714.43, takes effect in the State of California.  The law was designed to increase the amount of information made available by manufacturers and retailers regarding their efforts (if any) to address the issues of slavery and human trafficking in their direct supply chains.

As an independent petroleum refiner and marketer, Valero’s main supply chain involves acquiring crude petroleum oil and other petroleum feedstocks for processing into finished petroleum products (as well as acquiring materials like catalyst necessary for the operations of its refineries).  Valero believes this type of supply chain is not inherently susceptible to violations of slavery and human trafficking laws.  Thus, while Valero has not undertaken action with the intent of specifically addressing California Civil Code Sections 1714.43(c)(1) – (c)(5), Valero recognizes and respects all labor and employment laws, including those addressing slavery and human trafficking, wherever Valero operates.

Obeying all applicable laws, in letter and in spirit, is the foundation on which Valero’s business ethics standards are built.  Valero’s Code of Business Conduct and Ethics requires all Valero employees to obey all local, regional and federal laws of the locations where Valero operates, including laws regarding slavery and human trafficking.  Valero trains employees on its Code so that each employee understands the substance of the Code and how to abide by its contents.  Further,  Valero takes seriously all potential legal or Code of Business Conduct and Ethics violations, and encourages all persons subject to its Code to preserve Valero’s highest standards for business ethics and integrity by reporting suspected violations to their supervisors, human resources representatives, or through Valero’s 24/7 business abuse hotline.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: The UCC (through Article 2) governs the sale of goods, which are defined as moveable tangible things (cars, apples, books, etc.), whereas the common law governs contracts for real estate and services. For the following contracts, determine if they are governed by the UCC or by common law.
Return exactly one of these labels (and nothing else): Common Law, UCC.

Sohpie buys a homeowner's insurance policy from Axel's company. Is this contract governed by the UCC or the common law?

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause describe how user information may be shared with or collected by third parties?
Return exactly one of these labels (and nothing else): No, Yes.

reddit gold If you choose to upgrade to reddit gold, this status will be stored on your profile, along with the transaction number associated with the payment and the recipient of any gold you send. Although Stripe and PayPal send us a receipt with your name and email address if you provide it, we don't add that information to your account. However, reddit does not handle or have access to any of your payment information. For questions about how this information is stored and used, please read our third party partners privacy policies.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Diversity jurisdiction exists when there is (1) complete diversity between plaintiffs and defendants, and (2) the amount-in-controversy (AiC) is greater than $75k.
Return exactly one of these labels (and nothing else): No, Yes.

Olivia is from Washington. Liam is from Washington. Olivia sues Liam for trademark infringement for $60,000.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause describe how and why a service provider collects user information?
Return exactly one of these labels (and nothing else): No, Yes.

We work with business partners to provide you access to their products and services. For example, our Website includes a link to www.alienware.com. Any information you supply upon entering the www.alienware.com site is collected by Alienware.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: A private right of action is when a regular person, a private citizen, is legally entitled to enforce their rights under a given statute. Does the clause specify a private right of action?
Return exactly one of these labels (and nothing else): No, Yes.

A produce wholesaler who violates any provision of this subsection shall be liable to any person injured thereby for the amount of damages sustained in consequence of such violation and such liability may be enforced by suit in any court of competent jurisdiction.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause require consent or notice of a party if the contract is assigned to a third party?
Return exactly one of these labels (and nothing else): No, Yes.

You may not grant any such right to a Unit Franchisee, and Unit Franchisees shall not have the right to sub-franchise or sell Unit Franchises.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause give a party the right to audit the books, records, or physical locations of the counterparty to ensure compliance with the contract?
Return exactly one of these labels (and nothing else): No, Yes.

Subject to the terms and -------------------------------- conditions of this Agreement, NTL, to the extent of its legal right to do so, hereby grants to Entrust under the Nortel Patents, a non-transferable, non- assignable, indivisible, non-exclusive, royalty-free, worldwide license for Licensed Products and Licensed Services.<omitted>"Nortel Patents" shall mean all Patents other than Patents included in NTL -------------- Technology: (i) which are owned or controlled at any time during the Patent License Term by Nortel or any Nortel Subsidiary; or (ii) with respect to which, and to the extent to which, Nortel or any Nortel Subsidiary shall at any time during the Patent License Term have the right to grant the licenses and rights which are herein granted by Nortel including through cross licenses or otherwise.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Diversity jurisdiction exists when there is (1) complete diversity between plaintiffs and defendants, and (2) the amount-in-controversy (AiC) is greater than $75k.
Return exactly one of these labels (and nothing else): No, Yes.

Amelia is from Arkansas. Olivia is from New Hampshire. Amelia sues Olivia for trademark infringement for $7,403,000.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the sentence contain language overruling a previous case?
Return exactly one of these labels (and nothing else): No, Yes.

to hold otherwise would be to permit counsel to frivolously expose their adversaries to unnecessary litigation costs.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the sentence defines a term.
Return exactly one of these labels (and nothing else): No, Yes.

The common meaning of the term “curriculum” is “the whole body of courses offered by an educational institution or one of its branches.” Webster's Third New International Dictionary 557 (1976); see also Black's Law Dictionary 345 (5th ed. 1979) (“The set of studies or courses for a particular period, designated by a school or branch of a school”). Cf. Hazelwood School Dist. v. Kuhlmeier, 484 U.S., at 271, 108 S.Ct., at 570 (high school newspaper produced as part of the school's journalism class was part of the curriculum).

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues with accessing health services, paying for medical care, getting public benefits for health care, protecting one's rights in medical settings, and other issues related to health?
Return exactly one of these labels (and nothing else): No, Yes.

Hi all,  I'll try to keep this simple. My health plan(New York Medicaid) covers 20 visits of Physical therapy a year. I might or might not have gone over 20 visits when I started going to my current Physical Therapy Office. I went to PT for 3 visits and got billed $50 for each of the visits. Now in this point of my life, $150 is a boatload of money and can't afford to pay it off. Apparently my plan can't help me out as I went over the 20 plan limit and the PT office didn't confirm whether I was at my limit or not as well.  So I'm basically stuck with this bill and it will possibly be sent to collections. Now I have a "plan" perhaps on getting this resolved which may be a bit un-kosher. You see this same office billed my insurance company (NY Medicaid), for an EMG of the Neck and Lower Back and they were paid $3.5k for each part.  However when I asked the office for the report they tell me they only did and have a report for the EMG of the Neck not the lower back even though they billed my insurance for it and got paid $3.5k.  So I want to try to ask them to waive my physical therapy balance of $150, so that I look the other way and don't report them for billing fraud to my medicaid health plan. I'm not sure this will work but I am all out of options, and would like any and all advice.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues that arise within a family, like divorce, adoption, name change, guardianship, domestic violence, child custody, and other issues?
Return exactly one of these labels (and nothing else): No, Yes.

I've just received a copy of the trust documents and do plan to speak to an attorney on my behalf, but my grandma's husband's attorney also sent a w-9 form to be mailed to my grandparents home. His lawyer stated there is nothing to be distributed at this time (I'm assuming because they each has a sub-trust and if one of them dies the other can do what they want) and their grandchildren will each get half after their house is sold. The trust states that the surviving spouse gets to live in the house until their death if they so choose. So I'm not expecting to see any sort of money from that for a seriously long time. I've never had do taxes or fill out any IRS forms on my behalf and just want to know what the point of me sending this form to him would be. My dad used every penny that was left to my brother and I years ago when we were minors so I'm just really skeptical about everything going on right now.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause describe how user information is protected?
Return exactly one of these labels (and nothing else): No, Yes.

Links to Other Sites This Site provides links to websites maintained by other organizations. Miami New Times provides these links as a convenience to users, but it does not operate, control or endorse such sites. Miami New Times also disclaims any responsibility for the information on those sites and any products or services offered on such sites. Please review the privacy policies of these sites. Miami New Times is not responsible for any actions or policies of such third parties, and does not make any warranties or representations that any linked sites (or even this Site) will function without error or interruption, that defects will be corrected, or that the sites and their servers are free of viruses and other problems that can harm your computer. Miami New Times disclaims any responsibility for transactions conducted on those sites and cannot vouch for the security of the information submitted in those transactions.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Classify the following text using the following definitions.
Return exactly one of these labels (and nothing else): Analysis, Conclusion, Decree, Facts, Issue, Procedural History, Rule.

Citation:
1 F.4th 411

Paragraph:
In sum, the district court erred in concluding the documents at issue were not “intra-agency” under Exemption 5. We therefore REVERSE the court's judgment and REMAND for further proceedings consistent with this opinion.

Answer:

Analysis
Conclusion
Decree
Facts
Issue
Procedural History
Rule


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: A mark is generic if it is the common name for the product. A mark is descriptive if it describes a purpose, nature, or attribute of the product. A mark is suggestive if it suggests or implies a quality or characteristic of the product. A mark is arbitrary if it is a real English word that has no relation to the product. A mark is fanciful if it is an invented word.
Return exactly one of these labels (and nothing else): arbitrary, descriptive, fanciful, generic, suggestive.

The mark "Soft" for pillows.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the post discuss issues with accessing health services, paying for medical care, getting public benefits for health care, protecting one's rights in medical settings, and other issues related to health?
Return exactly one of these labels (and nothing else): No, Yes.

Long story short, we held off on filing the eviction notice and was kind enough to give him until Sept 1st to move out, or else be evicted by the Sheriffs.   Well now his dad decided to type out a letter (HIS agreements, nothing from a law office), along with a $1,000 that "if deposited then you agree to these terms." Now we are moving forward with the eviction notice.   Question 1: I'm not depositing the check and I want to send it back to the address listed on the check. Do I need to cross out whatever is written on the check and write "void" in its place?   Question 2: Would I need to have the Sheriff put the eviction notice on his bedroom door? Roommate comes in through the garage and won't notice anything on the front door.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Does the clause restrict the ability of a party to compete with the counterparty or operate in a certain geography or business or technology sector?
Return exactly one of these labels (and nothing else): No, Yes.

Licensee agrees and covenants that it shall not challenge, contest, or take any actions inconsistent with Licensor's exclusive rights of ownership of the Licensed Mark.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the clause provides that all Confidential Information shall be expressly identified by the Disclosing Party.
Return exactly one of these labels (and nothing else): No, Yes.

"Confidential Information" of a disclosing party ("Discloser") means the following, regardless of its form and including copies made by the receiving party ("Recipient"), whether the Recipient becomes aware of it before or after the date of this Agreement:  all information treated by the Discloser as confidential; and  disclosed by the Discloser to the Recipient or of which the Recipient becomes aware, including but not limited to, the information specified in Schedule 1;

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Determine whether the following statements are entailed under the statute.
Return exactly one of these labels (and nothing else): Contradiction, Entailment.

statute:
(ii) $5,535, plus 28% of the excess over $36,900 if the taxable income is over $36,900 but not over $89,150;

description:
Alice is a surviving spouse for the year 2017. Alice's taxable income for the year 2017 is $70117.

question:
Alice has to pay $14836 in taxes for the year 2017 under section 1(a)(ii).

Answer:

(ii) $5,535, plus 28% of the excess over $36,900 if the taxable income is over $36,900 but not over $89,150;
 Alice is a surviving spouse for the year 2017. Alice's taxable income for the year 2017 is $70117.
 Alice has to pay $14836 in taxes for the year 2017 under section 1(a)(ii).