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.

Got six months probation for a DUI. Stayed out of trouble mostly, but as a result of severe mental illness and a little bit of laziness, I didn't do all the requirements on time. I told my PO I was having problems with the conditions and I got a notice from the judge that I had a probation violation hearing ordered. I didn't start my community service until after the hearing was ordered and didn't finish it until after my probation was scheduled to end. I didn't enroll in a DUI school until afterwards too, and while I've now done that - they didn't have an opening until after the date of the hearing. Also they said I didn't do the vehicle immobilization, but I have paperwork saying I sold the car almost immediately (which I told them before).   So, technically all I have to do is finish the DUI class. How much am I screwed considering I've done most of the terms now, if not just incredibly late?   Will the judge likely close the case, extend my probation, or give me jail time? I have no prior criminal history. But I don't really have an excuse and I'm not sure what I could say in my defense.   Also - I'm unemployed. I've heard some say employment is a condition for probation, but I was never told that and can't find much on it. Will that hurt me too?  Thanks.

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 whether Carl had knowledge of Amy's intentions, Carl told the questioning attorney on redirect examination that he knew Amy's intentions.

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.

provided, that notwithstanding the foregoing, no Loan Party shall directly or indirectly Dispose of (whether in one or a series of transactions) any Material Intellectual Property (as defined in the Security Agreement) to any non-Loan Party.  provided, that notwithstanding the foregoing, no Loan Party shall make any Restricted Payment of any Material Intellectual Property (as defined in the Security Agreement) to any non-Loan Party.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: You are a lobbyist analyzing Congressional bills for their impacts on companies. Given the title and summary of the bill, plus information on the company from its 10-K SEC filing, determine if the bill is at least somewhat relevant to the company in terms of whether it could impact the company's bottom line if it was enacted.
Return exactly one of these labels (and nothing else): No, Yes.

bill title:
A bill to prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes.

bill summary:
Opportunities for Fairness in Farming Act of 2019

This bill establishes restrictions and requirements for checkoff programs, which are programs overseen by the Department of Agriculture (USDA) to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands.

The bill prohibits boards established to carry out a checkoff program or a USDA order issued under a checkoff program from entering into a contract or agreement to carry out program activities with a party that engages in activities to influence any government policy or action that relates to agriculture.

 A board or its employees or agents acting in their official capacity may not engage in any

 act that may involve a conflict of interest; anticompetitive activity; unfair or deceptive act or practice; or act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. Upon approval of USDA, a board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law if the agreement or contract requires records accounting for the funds received to be submitted to the board.

The board must meet specified requirements regarding the publication of budgets and disbursements of funds.

The USDA Inspector General and the Government Accountability Office must conduct specified audits regarding checkoff programs.

company name:
1-800-FLOWERS.COM, Inc.

company description:
The Company 1-800-FLOWERS.COM, Inc. and its subsidiaries (collectively, the "Company") is a leading provider of gifts for all celebratory occasions. For more than 40 years, 1-800-Flowers.com® has been delivering smiles to customers with gifts for every occasion, including fresh flowers and the best selection of plants, gift baskets, gourmet foods, confections, jewelry, candles, balloons and plush stuffed animals. The Company's Celebrations suite of services, including its Passport Free Shipping and Reminders programs, are all designed to engage with customers and deepen relationships as a one-stop destination for all celebratory and gifting occasions. This prestigious list, compiled annually by the National Retail Federation (NRF), ranks the nation's fastest-growing retailers by year-over-year domestic sales growth. The Company also received the Gold award in the "Best Artificial Intelligence" category at the Data & Marketing Association's 2017 International ECHO Awards.  international floral wire service provides a broad range of quality products and value-added services designed to help professional florists grow their businesses profitably. Inc. family of brands also includes everyday gifting and entertaining products such as premium, gift-quality fruits and other gourmet items from Harry & David®, popcorn and specialty treats from The Popcorn Factory® and Moose Munch®; cookies and baked gifts from Cheryl's®; gift baskets and towers from 1-800-Baskets.com® and DesignPac Gifts; premium English muffins and other breakfast treats from Wolferman's®; artisan chocolate and confections from Simply Chocolate®, carved fresh fruit arrangements from FruitBouquets.com; top quality steaks and chops from Stock Yards® and unique gifts from Personalization Universe® and Goodsey SM .  The Company and Ferrero also entered into a transition services agreement whereby the Company will provide certain post-closing services to Ferrero and Fannie May related to the business of Fannie May and a commercial agreement with respect to the distribution of certain Ferrero and Fannie May products. The Company's operations began in 1976 when James F. McCann, the Company's founder and current Executive Chairman of the Board, acquired a single retail florist in New York City, which he subsequently expanded to a 14-store chain. The Company acquired the right to use the toll-free telephone number 1-800-FLOWERS, adopted it as its corporate identity and began to aggressively build a national brand around it. In order to support the growth of its toll-free business and to provide superior customer service, the Company developed an operating infrastructure that incorporated the best available technologies. Over time, the Company implemented a sophisticated transaction processing system that facilitated rapid order entry and fulfillment, an advanced telecommunications system and multiple customer service centers to handle increasing call volume.  To enable the Company to deliver products reliably nationwide, on a same-day or next-day basis, and to market pre-selected, high-quality floral products, the Company created BloomNet®, a nationwide network including independent local florists selected for their high-quality products, superior customer service and order fulfillment and delivery capabilities.  1-800-FLOWERS.COM offers a broad range of truly original gifts through a multi-channel strategy, making it easy for millions of customers to deliver smiles for every occasion. Complementing its retail, telephonic and ecommerce channels, 1-800-FLOWERS.COM is a pacesetter in social and mobile platforms, pioneering award-winning marketing programs and applications. As a result, the Company has developed relationships with customers who purchase products for both a wide range of celebratory gifting occasions as well as for everyday personal use. The Company offers a broad selection of unique products that a customer could expect to find in a high-end florist and gift shop, including a wide assortment of cut flowers and plants, candy, balloons, plush toys, giftware, gourmet gift baskets, and fruit bouquet arrangements. The Company has also significantly expanded its presence in the gourmet food and gift baskets category, further complementing its gift assortment, through a combination of organic initiatives and strategic acquisitions. The addition of Harry & David in September 2014 accelerated the Company's strategy to leverage its leadership position built in the floral gifting category to create a leading position in the growing Gourmet Foods & Gift Baskets category.  -800-FLOWERS.COM's objective is to be the leading authority on thoughtful gifting, to serve an expanding range of our customers' celebratory needs, thereby helping our customers express themselves and connect with the important people in their lives. The Company believes that 1-800-FLOWERS.COM is one of the most recognized brands in the floral and gift industry. The strength of its brand has enabled the Company to extend its product offerings beyond the floral category into complementary products, which include gourmet popcorn, cookies and related baked and snack food products, premium chocolate and confections, wine gifts, gourmet gift baskets, fruit bouquet arrangements, and gift-quality fruit baskets, as well as steaks, chops and prepared meals. This extension of gift offerings helps our customers with all of their celebratory occasions, and will enable the Company to increase the number of purchases and the average order value by existing customers who have come to trust the 1-800-FLOWERS.COM brand, as well as continue to attract new customers. The Company's consolidated customer database and multi-brand website is designed to expose all of our brands to our customers, further enhancing the Company's position as a leading, one-stop destination for all of our customers' gifting and celebratory needs.  The Company's product offerings can be purchased through the Company's website via desktop or mobile devices, as well as through Alexa, Facebook Messenger, Google Assistant, Apple Business Chat, Samsung Chatbot, or Google Rich Business Messaging, to help guide customers to the perfect gift across our brands.

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.

The Confidential Information (as defined in Section 2), whether transmitted orally, in writing or in any other form, and whether prepared by a Party or its employees, agents, advisors or other representatives, shall be preserved in strict confidence by the receiving Party, shall not be disclosed, disseminated or distributed by the receiving Party other than as expressly authorized herein, and shall be used exclusively for the purposes or transactions contemplated by this Agreement.

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 34

Paragraph:
Section 11A of the Exchange Act empowers the Commission to, “by rule or order, [ ] authorize or require self-regulatory organizations,” including stock exchanges, “to act jointly with respect to matters as to which they share authority under this chapter in planning, developing, operating, or regulating a national market system,” known as an NMS. 15 U.S.C. § 78k-1(a)(3)(B); see also id. § 78c(a)(26) (“The term ‘self-regulatory organization’ means any national securities exchange, registered securities association, or registered clearing agency.”). Commission regulations further provide that “[e]very national securities exchange on which an NMS stock is traded and national securities association shall act jointly pursuant to one or more effective national market system plans to disseminate consolidated information, including a national best bid and national best offer, on quotations for and transactions in NMS stocks.” 17 C.F.R. § 242.603(b). And although “[a]ny two or more self-regulatory organizations, acting jointly, may file a national market system plan or may propose an amendment to an effective national market system plan,” no such proposal, subject to limited exceptions, “shall become effective unless approved by the Commission.” Id. § 242.608(a)(1), (b)(1). Over the course of  *36  **408 several decades, the Commission has exercised this authority to approve three Equity Data Plans that now govern the dissemination of certain types of quotation and transaction information for publicly traded equity securities.

Answer:

Analysis
Conclusion
Decree
Facts
Issue
Procedural History
Rule


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.

throwaway username. Do parents have any recourse when their minor child is being courted by a MUCH older predator (30+years) if the child's age is of their state's age of consent - 16 NJ and 17 NY.

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 whether Sean knew he was going to die, the fact that he called his lawyer wanting to make final changes to his will.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Imagine your are the New York State Unified Court System Advisory Committee on Judicial Ethics. You've received the following question(s). Answer them as either "Yes" or "No".
Return exactly one of these labels (and nothing else): No, Yes.

Is it within the jurisdiction of this Committee to decide if a judge should conduct an inquiry into a potential conflict of interest arising from the prosecution of a criminal defense attorney?

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.

' we review do novo a district courts dismissal for failure to state a claim, viewing the allegations in the complaint as true. hughes v. lott, 350 f.3d 1157, 1159-60 (11th cir. 2003). we also review de novo a district courts interpretation and application of a statute of limitations, foudy v. indian river cty. sheriffs office, 845 f.3d 1117, 1122 (11th cir. 2017).

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.

The committee or administrator shall annually, not later than the fifteenth day of August, file with the board ofsupervisors an estimate of the several amounts necessary for the ensuing calendar year (a) to meet the payments with respect to the liability of participants required to be made by the county pursuant to section of this chapter, and (b) to pay the administrative expenses of the plan.

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 whether Mary robbed the bank, the fact that Mary went to the bank in disguise.

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.

Neither Party may assign this Agreement or any of the rights hereunder or delegate any of its obligations hereunder, without the prior written consent of the other Party, and any such attempted assignment shall be void, except that Bank of America or any permitted Bank of America assignee may assign any of its rights and obligations under this Agreement (including, without limitation, any individual Order) to any Bank of America Affiliate, the surviving corporation with or into which Bank of America or such assignee may merge or consolidate or an entity to which Bank of America or such assignee transfers all, or substantially all, of its business and assets.

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.

Alex is being prosecuted for participation in a criminal conspiracy. To prove that Alex participated in the conspiracy, the prosecution's witness testifies that she heard Alex making plans to meet with his co-conspirators.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Imagine your are the New York State Unified Court System Advisory Committee on Judicial Ethics. You've received the following question(s). Answer them as either "Yes" or "No".
Return exactly one of these labels (and nothing else): No, Yes.

Can questions about past conduct, legal issues, conduct of another judge or interpretation of another judge's rulings be responded to?

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.

See Memorandum from U. S. Sentencing Commission to Supreme Court Library, dated June 8, 2000 (total number of eases sentenced under federal Sentencing Guidelines since 1989) (available in Clerk of Court’s case file).

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:
(2) such individual furnishes over one-half of the cost of maintaining such household during the taxable year, and

description:
Alice and Bob got married on April 5th, 2012. Alice and Bob have a son, Charlie, who was born on September 16th, 2017. Alice and Charlie live in a home for which Alice furnished 40% of the maintenance costs, since September 16th, 2017. Alice is entitled to a deduction for Charlie under section 151(c) for the years 2017 to 2019.

question:
Section 7703(b)(2) applies to Alice maintaining her home for the year 2018.

Answer:

(2) such individual furnishes over one-half of the cost of maintaining such household during the taxable year, and
 Alice and Bob got married on April 5th, 2012. Alice and Bob have a son, Charlie, who was born on September 16th, 2017. Alice and Charlie live in a home for which Alice furnished 40% of the maintenance costs, since September 16th, 2017. Alice is entitled to a deduction for Charlie under section 151(c) for the years 2017 to 2019.
 Section 7703(b)(2) applies to Alice maintaining her home for the year 2018.


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.

This Agreement shall become effective as of the Effective Date and, unless terminated under this Article, shall continue in effect until the Conversion Date (the "Term"); provided that, with respect to any LMG Tools identified in Exhibit A as having a license term beyond the Conversion Date, TAG's License to, and LMG's obligation to provide LMG Services for, such LMG Tools shall survive for the period specified in Exhibit A.

Answer:

REGANHOLDINGCORP_03_31_2008-EX-10-LICENSE AND HOSTING AGREEMENT.PDF


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.

I'm not exactly sure if this is the right thread for this, but I need some insight and don't know where else to go. My boyfriend and I went to hard summer this weekend, and on Saturday he got caught selling ecstasy pills and I got caught in the cross fire. Before entering the event he asking if I could bring in his ecstasy pills ( 7 pills , Oreos and jacks) for him, I said sure. We made it through security with the pills. About 15 mins later he asks for me to give him the pills , so I hand him the pills, and he walks towards the guy he was going to sell to. They do the sale and my boyfriend gets handcuffed immediately and seconds later I get handcuffed.  We got the exact same charges. Poss of controlled substance, transportation of controlled substance and conspiracy( 3 felonies). Now the only possible charge that is actually reasonable for me is possession because I did have his pills on me. The other 2 are complete BS because I was unaware of the sale and everything else. I literally just brought his pills inside the venue.  I really need some advice here on what to do. Does anyone know any good public defenders in San Bernardino ?   P.s. This was my first time in jail and ever getting arrested, I'm a full time college student and work full time Also please do not lecture me, I know I shouldn't even been around him if he was selling, I just didn't think about all the repercussions.  This is in San Bernardino California

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Imagine your are the New York State Unified Court System Advisory Committee on Judicial Ethics. You've received the following question(s). Answer them as either "Yes" or "No".
Return exactly one of these labels (and nothing else): No, Yes.

Can a judge refer defendants to a defensive driving program if their spouse is an instructor, provided that the spouse will not instruct any defendants referred by the judge?

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.

Wireless Links (WLI) warrants to the original end user purchaser ("You") that the Equipment will be free from defects in workmanship and materials ("Limited Warranty") for a period of one (1) year from the date of the purchase of the Equipment (the "Warranty Period").

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.

Once every twelve (12) months, 2TheMart through a CPA may inspect and audit such records to verify reports.

Answer:

2ThemartComInc_19990826_10-12G_EX-10.10_6700288_EX-10.10_Co-Branding Agreement_ Agency Agreement.pdf


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.

Could you take just a minute to set out just more specifically why the agency could not consider these constitutional claims within its structure? What -- I think you have to start by saying what it actually does and what would be reviewed at the appellate level after the agency issues an order.

Answer:

Background Clarification Communicate Criticism Humor Implications Support

Context: Background


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.

Company is not liable for incidental, special or consequential damages for any reason (including loss of data or other business or property damage), even if foreseeable or if MA or Customer has advised of such a claim.

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.

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 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 Human Trafficking in the Supply Chain Disclosure - CA SB 657

GameStop is committed to conducting its business on the principles of integrity and sound business ethics. We are also committed to holding our manufacturers, vendors and suppliers to these same principles, which include taking measures to ensure that parties we do business with maintain basic labor and human rights standards for their workers.

To this end, GameStop has established a Code of Conduct to which each contract manufacturer for exclusive-branded products must adhere. The Code of Conduct represents GameStop's commitment to source this merchandise from persons and firms that strive to maintain comprehensive corporate responsibility programs and adhere to GameStop's expectations regarding human trafficking, forced labor and a variety of other important issues. Specifically, our Code of Conduct prohibits these manufacturers from utilizing any form of forced labor, whether in the form of child labor, prison labor, bonded labor, indentured labor or otherwise. Manufacturers we contract with who fail to meet these standards would be in breach of our agreement. We also require manufacturers we contract with to ensure their subcontractors adhere to our Code of Conduct.

Members of our direct import and merchandising teams personally visit the factories where our exclusive-branded products are produced. In addition, we have in the past, and will continue to in the future, engage a third party to perform scheduled factory audits of our manufacturing vendors to ensure they are operating within the parameters of our Code of Conduct. These audits will continue on a periodic basis for as long as we do business with each of these manufacturers.

In addition to the above, each contract manufacturer is required to independently maintain sufficient documentation of its compliance with our Code of Conduct. GameStop will quickly investigate any reports of human trafficking anywhere in its supply chain, and will take swift action against any supplier that is found to have acted improperly. While contract manufacturers are not required to certify that all materials incorporated into the products they produce comply with laws regarding slavery and human trafficking, both these suppliers and their subcontractors must adhere to the Code of Conduct and certify that all their operations are completely free of any form of child labor, prison labor, bonded labor, indentured labor or otherwise.

In addition, all GameStop merchandising employees who maintain relationships with vendors are required to adhere to the GameStop Code of Standards, Ethics and Conduct. The Code of Standards, Ethics and Conduct requires all employees to observe high ethical standards in the performance of their jobs and in their relationships with customers, vendors, their community, and their coworkers. Failure by an employee to follow the standards set forth in the Code of Standards, Ethics and Conduct may subject such employee to disciplinary action up to and including termination of employment.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Imagine your are the New York State Unified Court System Advisory Committee on Judicial Ethics. You've received the following question(s). Answer them as either "Yes" or "No".
Return exactly one of these labels (and nothing else): No, Yes.

Can a part-time judge serve as a deputy district executive in the same judicial district?

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, the Company hereby grants to Allscripts and its Affiliates a non- exclusive, royalty-free, irrevocable [***] non-transferable (except in accordance with Section 28.4), sublicensable (through multiple levels of sublicensees), fully paid-up right and license under all of the Company's Intellectual Property to, throughout the Territory, access, use, reproduce, perform, display, modify, create derivative works of, transmit, demonstrate, test, operate, port, configure, distribute, and make available the Installed Software and Subscription Software Services

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 don't want him to go to jail. I didn't think it would result in criminal charges.

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.

Ana is a lawyer who resides in Texas. While visiting Louisiana, she meets David, who runs a bike shop. She buys a bike from him and uses it to bike back to Texas. Right after she crosses the border, the bike seat explodes, injuring Ana. Ana sues David in Texas.

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.

If you become aware of a security issue, please email us at legal [at] gawker [dot] com. We will work with you to address any problems.

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.

This Agreement may not be assigned by either party hereto without the written consent of the other but shall be binding upon the successors of the parties.

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.

Upon termination of this Agreement, other than by reason of a termination for material breach due to a breach by HSNS pursuant to Section 12.1 ("Term and Termination"), (i) HSNS shall have the right to access and use the Application solely to provide Outsourcing Services, but only to the extent necessary to provide Outsourcing Services through the remaining unexpired term of an applicable Agreement with the Outsourcing Customer (without renewal following the termination of this Agreement), but in any extent not beyond twelve (12) months from the effective date of termination.

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.

3. Do we disclose the information we collect to outside parties? Comments, email and chat session participation. If you respond with information including feedback and data, such as questions, comments, suggestions, names, town of residence, or the like, such information is deemed to be non-confidential and we have no obligation of any kind with respect to such information and we are free to reproduce, use, disclose and distribute the information to any third party without limitation. We are free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to writing and publishing articles and other materials incorporating such information.

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:
(C) $3,000 in any other case.

description:
In 2017, Alice was paid $33200. Alice and Bob have been married since Feb 3rd, 2017, and they file a joint return for 2017.

question:
Under section 63(c)(2)(C), Alice's basic standard deduction in 2017 is equal to $4400.

Answer:

(C) $3,000 in any other case.
 In 2017, Alice was paid $33200. Alice and Bob have been married since Feb 3rd, 2017, and they file a joint return for 2017.
 Under section 63(c)(2)(C), Alice's basic standard deduction in 2017 is equal to $4400.


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'm currently trying to get a divorce in Hawaii. My ex moved back to the mainland back in 2015, so this has been a wild ride. I've pushed for her to sign all the papers since early 2016, and she finally has sent all the documents *except* the appearance and waiver. Now she's gone no contact despite saying she would send the last document. She hasn't replied to any of my emails since June 1st. I'm kind of in a hurry now because I'm gone until September and then leaving to go overseas with the military in October for over 6 months. I'm not able to use the military legal services because she can't, which is a whole other story.  My question is, can a judge grant the divorce without this *one* paper? Do I have to get a lawyer involved? If I do have to get a lawyer and we can't get this figured out before I leave, will I not be able to finish it until I get back?

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.

accordingly, the relevance of ossorio's testimony with respect to the prejudice prong of strickland is substantially less than is typically the case with credible alibi evidence.

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" means nonpublic information that a party to this Agreement ("Disclosing Party") designates as being confidential to the party that receives such information ("Receiving Party") or which, under the circumstances surrounding disclosure ought to be treated as confidential by the Receiving Party.

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.

Ana is a lawyer who resides in Texas. While visiting Louisiana, she meets David, who runs a bike shop. David is actually a citizen of Georgia, but spends a lot of time in Louisiana to run his shop. Ana buys a bike from David and uses it to bike back to Texas. Right after she crosses the border, the bike seat explodes, injuring Ana. Ana sues David in Georgia.

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

Foot Locker supports the goals of the California Transparency in Supply Chains Act of 2010. We outline our actions to eradicate slavery and human trafficking from our direct supply chains below:

Foot Locker reserves the right to make periodic, unannounced inspections of our private label suppliers' facilities to verify each supplier’s compliance with our Global Sourcing Guidelines and other requirements. Such on-site inspections are conducted by our internal team or by a third party company, and Foot Locker reserves the right to terminate the relationship with any supplier who fails to comply with our requirements. Private label suppliers affirm that, by accepting orders from Foot Locker, they will manufacture products in accordance with local labor and employment laws, under working conditions that meet certain standards, and without the use of forced labor.

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.

Last year, I went in to a California urgent care center because I ended up having strep throat. I gave them my Aetna PPO insurance, paid the $75 copay, and then went on my merry way to the pharmacy. This was about a year ago.  I did a credit report check recently, and to my surprise a $200 bill had been placed into collections over 6 months ago, with the urgent care center listed as the original account holder. So I call this urgent care, which is located in a small shopping mall and is not attached to a hospital or any other medical offices. The receptionist pulls up my account and tells me that she sees that I paid the copay, but that they have nothing to do with further billing, as they send all their claims to a contracted medical billing office for insurance collection, which is apparently the standard in the industry. She kindly gives me their medical billing company's phone number, apologizes, and says she has "not heard positive things" about them. Great.  So I call the medical billing office explaining that their buddy, the urgent care center, sent me to them with my qualms about this phantom $200 medical bill. She looked me up by my name and birthday, and said that yes, they did send that amount to Stanislaus Credit Control Agency after four unsuccessful attempts to contact me. Interestingly enough, the main offices for both Stanislaus and this medical billing company are both located in Modesto, CA. Anyway, the lady says this is a result of me not reaching my insurance deductible, and that this $200 was the amount my insurance, Aetna, would not cover for the urgent care visit. I thought that sounded legitimate so I eased my tone and said thanks for clearing that up.  However, I now believe she was giving me a pre-scripted run-around. I call Aetna to ask what my deductible would be for an urgent care visit. **Aetna says there is no deductible for urgent care visits, only a copay.** I ask them to look up the claim for this urgent care visit, as the urgent care center has my Aetna insurance policy on file. **Aetna has no record of any claim for any urgent care center on my behalf.**   My Aetna customer service guy says hold on, he will personally call this medical billing office. I stay on the line listening to the provided elevator music, and he comes back reporting that the person who is in control of my account is apparently not in the office today, a Monday afternoon at 2pm. I ask my Aetna customer service guy if he thinks that sounds shady. He agrees, and says he personally will try again tomorrow and get back to me. I google the urgent care center on Google, and there are already four negative reviews mentioning surprise letters from collections agencies.  Are any/all of these companies in cahoots with each other to make money from collections, instead of correctly filing a claim with Aetna? I am still waiting to hear back, as this Nancy Drew stuff all went down today. Thanks in advance for any theories.

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.

725 f.3d at 1207 (citing to 40 c.f.r.  122.26(d)(2)(i)(f) (regarding municipal storm water discharges)).

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.

Long story short, lived here 7 years, getting ready to build a privacy fence.  Got an overhead shot of the property lines from the bank and my lot extends 6 feet past where my neighbor believes (I assume) the line is.  He has 2 sheds, 30' fence, and 2 feet of a driveway extension in this zone.  Main question is in what order should I call a lawyer, get it surveyed, and contact my neighbor about negotiating?  The total area of this oversight is about 1000 square feet, or about 6% of my total property.

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.

(a) Confidential Information of each party (“Disclosing Party”) may be used by the other party (“Receiving Party”) solely for the purpose of fulfilling obligatons and activities within the scope of the Parties mutual cooperation and must not be used for any other purpose (“Purpose”).

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 12

Paragraph:
The union also assails the Board's explanation that it needed a new remedy to save employers from a dilemma.

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.

Additional certificates evidencing the insurance required by Section 15.1 above must name us, and each of our affiliates, directors, agents, and employees, as additional insured parties, and must expressly provide that any interest of same therein will not be affected by any breach by you of any policy provisions for which such certificates evidence coverage.

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.

In fact the trial judge conceded, “I certainly don’t dispute that it could be shown that there was a custom and usage of discrimination in the past.

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.

The Court finds this argument persuasive and agrees that as a matter of law, those three officers cannot be considered mutually exclusive. HN12 In order for the plaintiff to be considered similarly situated to the other officers, he is "required to demonstrate that all of the relevant aspects of [his] employment situation were 'nearly identical' to those of the [the other officers]." Neuren v. Adduci, Mastriani, Meeks & Schill, 43 F.3d 1507, 1514, 310 U.S. App. D.C. 82 (D.C. Cir. 1995) (internal quotation marks and citation omitted). That the plaintiff did not pursue arbitration constitutes a major difference. Chief Pavlik attests that under his watch no officers, who were previously terminated, were reinstated unless he was ordered to do so by an arbitrator. Plaintiff argues that the "union let [his] case fall by the wayside." ECF No. 24-2, pg. 13. But  [*82]  even if true, that has no bearing on this analysis. The plaintiff's claims allege that WMATA officials treated him disparately from other officers by not reinstating him, not that his union representatives treated him poorly. It is also important to note another difference between the plaintiff and M.S., S.B., and N.M. Those three officers were terminated based on violations of internal policies not because [**14]  they were criminally convicted, as the plaintiff was in this case.

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.

Evelyn is from Louisiana. Henry is from Connecticut. Evelyn sues Henry for legal malpractice for $32,000.

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 law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.

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.

By its clear language, Article Seventh creates a right for citizen landowners to have some access to the River territory by, for example, the construction of improvements appurtenant to the shore.

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.

The attorney general may bring an action in  for injunctive relief, costs, and attorney's fees and may impose on a manufacturer that violates this section a civil penalty of no more than $10,000.00 per violation. Each unlawful gift shall constitute a separate violation.

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.

Harper is from Iowa. Evelyn is from West Virginia. Harper sues Evelyn for trespass for $9,778,000.

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.

For so long as ETI remains a Subsidiary ----------------------- of NTL, it is the intention of ETI that the terms of the Source Code License be no less favourable to Nortel than the terms then in effect with any of Entrust's source code licensees that receives substantially similar rights taking into account the relative size of the licensee and Entrust's potential benefits.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: You are a lobbyist analyzing Congressional bills for their impacts on companies. Given the title and summary of the bill, plus information on the company from its 10-K SEC filing, determine if the bill is at least somewhat relevant to the company in terms of whether it could impact the company's bottom line if it was enacted.
Return exactly one of these labels (and nothing else): No, Yes.

bill title:
To provide for a national strategy to address and overcome Lyme disease and other tick-borne diseases, and for other purposes.

bill summary:
National Lyme and Tick-Borne Diseases Control and Accountability Act of 2019

This bill establishes the Office of Oversight and Coordination for Tick-Borne Diseases within the Department of Health and Human Services (HHS). The office must oversee the creation of a national strategy to address Lyme disease and other tick-borne diseases and disorders. The national strategy must include program assessments, benchmarks for progress, and recommendations from the previously established Tick-Borne Disease Working Group.

The bill also requires HHS to undertake specific actions that promote research, prevention, and treatment of Lyme disease and other tick-borne diseases and disorders. Among other things, HHS must:

 support expansive research into the pathology, diagnosis, and treatment of such diseases and disorders; establish a surveillance system to track the prevalence of such diseases and disorders in humans; establish a surveillance system to track the prevalence of disease-carrying ticks; conduct educational campaigns; and hold a series of research symposiums.

company name:
Accelerate Diagnostics, Inc.

company description:
Inc. ("Accelerate") is an in vitro diagnostics company dedicated to providing solutions that improve patient outcomes and lower healthcare costs through the rapid diagnosis of serious infections. Microbiology laboratories are in need of new tools to address what the U.S. Centers for Disease Control and Prevention calls one of the most serious healthcare threats of our time, antibiotic resistance. A significant contributing factor to the rise of resistance is the overuse and misuse of antibiotics, which is exacerbated by a lack of timely diagnostic results. The delay of identification and antibiotic susceptibility results is often due to the reliance by microbiology laboratories on traditional culture-based tests that often take two to three days to complete. Our technology platform is built to address these challenges by delivering significantly faster and more accurate testing of infectious pathogens in various patient sample types.  Since 2004, we have focused our efforts on the research, development, and commercialization of an innovative rapid diagnostic platform, the Accelerate Pheno™ system. The Accelerate Pheno™ system utilizes genotypic technology to identify (ID) infectious pathogens and phenotypic technology to conduct antibiotic susceptibility testing, (AST) which determines whether live bacterial and fungal cells are resistant or susceptible to a particular antibiotic. The Accelerate PhenoTest™ BC Kit provides ID and AST results for patients suspected of bacteremia or fungemia, both life-threatening conditions with high morbidity and mortality risk. The Accelerate PhenoTest™ BC Kit is a highly multiplexed panel targeting over 80% of the routine and significant pathogens causing blood stream infections and over 90% of the antibiotics useful in treating those pathogens.  In Vitro Diagnostic Directive 98/79 EC and applied a CE Mark to the Accelerate Pheno™ system and the Accelerate PhenoTest™ BC Kit for in vitro diagnostic use. On February 23, 2017, the U.S. Food and Drug Administration ("FDA") granted our de novo request to market our Accelerate Pheno™ system and Accelerate PhenoTest™ BC Kit.  In 2017, we began selling the Accelerate Pheno™ system in hospitals in the United States, Europe, and the Middle East. Consistent with the Company's business model revenues were generated from the sale of the instrument and the sale of single use consumable test kits.  From 2001 to 2012, we focused primarily upon furthering the research and development of the OpTest portfolio of technologies ("OpTest") that we acquired from DDx, Inc. in 2001 and the development of revenue producing products related to that technology. The purchase of OpTest provided us with a proprietary surface chemistry formulation, which led to our OptiChem and other surface chemistry products, and quantitative bio-analytical measurement instruments.  In 2012, our Board of Directors and management team established a new strategic direction for the Company, which was (1) to focus on the internal development, manufacture, and commercialization of the Accelerate Pheno™ system and (2) to discontinue efforts to develop and actively market OptiChem and our other surface chemistry products. Our Board of Directors and management team decided to pursue this new strategic direction based on the belief that we could internally develop and commercialize the Accelerate Pheno™ system, formerly called the BacCel System.  Since the adoption of the new strategic direction in 2012, we have made significant investments in research and development personnel, facilities, equipment, and consumables to support the internal development of the Accelerate Pheno™ system. The Company has also invested in the hiring of regulatory, manufacturing, quality, sales, and marketing personnel experienced in the manufacture and commercialization of medical devices.  In August 2013, the Company completed a rights offering that raised gross proceeds of $20.0 million. In April 2014, the Company completed a rights offering that raised gross proceeds of $45.0 million. Antibiotic resistance has a significant healthcare impact, costing the U.S. an estimated $55 billion per year in healthcare and productivity costs. This estimate includes $20 billion in direct costs and $35 billion in indirect costs, such as lost productivity and sick days. Increasing infection rates and misuse of antibiotics results in serious treatment complications. Recent studies have shown that the number of hospital-acquired infections in the United States ranges from 214,700 to 1.4 million per year, contributing to an estimated 75,000 deaths per year.

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.

Throughout the Term and for a period of six (6) months after the expiration or termination of this Agreement, neither XSPA nor any of its affiliates shall, directly or indirectly, sell, offer for sale, market or promote any digital meditation or digital sleep products (other than the Products), including online or in any Store in the Territory, without the express prior written consent of Calm.

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.

given the plain and unambiguous language of the statute and the absence of any extraordinary contrary legislative history which suggests that we should deviate from the text, we are compelled to conclude that other than the threshold showing that the agency in question received more than $10,000 in federal benefits in any one-year period, 666 imposes no requirement that there be a connection between the offense conduct and the federal funds. see morgan, 230 f.3d at 1073 (bye, j., concurring) (concluding that a federal nexus requirement should not be read into 666 on the grounds that the court should not inject elements into plain and unambiguous statutes); george d. brown, stealth statute corruption, the spending power, and the rise of 18 u.s.c. 666, 73 notre dame l.rev. 247, 280-81 (1998) ([i]t is impossible to deny that the actual statute is the antithesis of narrow. fairly read, it gives the federal government authority to deal with a range of malfeasance anywhere within governmental ... entities that benefit from a variety of programs, whether or not the wrongdoing is connected to the federal assistance.).

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.

My 3 former roommates and I recently moved out of a our Baltimore City row-house. Our landlord and property manager withheld $1,000 of $2,700 from our security deposit. The remaining balance + interest was returned to us 46 days (MD law states the deposit must be returned within 45 days) past our lease end-date with the reason listed as "General Damages." We requested an itemized breakdown which we did not received until ~60 days past our lease end-date.   I've quoted the law several times and have attempted to negotiate the return of at least a portion of the remaining deposit to no avail. Unfortunately, my roommates and I not having a great relationship combined with one of them being out-of-state has made any group action difficult. This has lead me to a few questions:  1) Can I sue as an individual? If so, can I claim $1,000 as damages or, since we split the returned portion of the deposit, only the balance owed to me personally? 2) If we deposit the returned portion of the security deposit am I/we giving up the right to sue for the remaining balance? 3) In general, what are my chances of success? If we were one person or collectively filed a claim, it seems pretty clear-cut that our landlord and property manager are in violation of the law. Am I missing something.

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.

Social Media Our Sites may provide you with the ability to register, log into, "like" or otherwise interact with third party social media services, including, but not limited to, Facebook, Instagram, Twitter, Pinterest, YouTube, and other social media services. These features may enable integration and/or access to your social media accounts. We do not control these social media services or your profiles on these services, and we do not establish privacy settings or rules for how your personal information on these services will be used. If you choose to log on to or submit information through any of these social media services, your personal information will be subject to the applicable social media service's terms and conditions and your current privacy settings on such social media service. By accessing any social media service, you will be assuming the risk that the personal information you provide on that service may be viewed and/or used by third parties for any purpose. You agree that we are not responsible for any acts or omissions by these social media service providers.

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.

Recently (a month) I accepted a job that I am very unhappy at and know will not work out for me in the long run. I am an at will employee and both the offer letter and the employee handbook mentions that management requires 14 days notice in case of quitting. Now would i be in any legal trouble if I quit immediately?

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.

Information Collected by Third Parties Some of the services and advertisements included in the SIDEARM Services, including on our Web Sites and within our mobile apps, are delivered or served by third-party companies. These companies may place or recognize cookies, Web beacons or other technology to track certain non-personal information about our website users. For example, in the course of serving certain advertisements, an advertiser may place or recognize a unique cookie on your browser in order to collect certain information about your use of the SIDEARM Services. In many cases, this information could be used to show you ads on other websites based on your interests.

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.

Member covenants and agrees that during the Post-Term Period (defined below), except as otherwise approved in writing by Franchisor, Member will not, either directly or indirectly, for itself, or through, on behalf of, or in conjunction with any person, persons, partnership, corporation, or entity, Member will not own, maintain, operate, engage in, be associated with or accept any compensation or remuneration from, or have any interest in or render services or give<omitted>advice to any Competitive Business and which business is, or is intended to be, located within the city or county in which the Approved Location is situated.

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 shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflicts of law.

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.

My mom has been figured from her 20 year job because they say she no called no-showed.  For the last 3 years the company has been under new management.  It's been said amongst coworkers that there has been firing among anyone not young, fresh and modern to represents the companies new image. Out of everyone that worked there before management took over, now only a handful remain. Seasoned in their fields, they are all scared.  Should she seek a lawyer? Can they reject her of anything she has earned, such as Retirement, 401, etc? We're worried all of her commitments will be degraded.  By bullying I mean she has been harassed with text messages, people demanding her to come in on days she has scheduled PTO. Demanding her not to enjoy her days off and cover shifts.. just all around pressuring her to feel stressed and she feels bullied. Please advice   The company is a healthcare facility in NV. Please and thank you for sharing anything we should be aware of moving forward.

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: Identify if the clause provides that the Receiving Party shall not disclose the fact that Agreement was agreed or negotiated.
Return exactly one of these labels (and nothing else): No, Yes.

This Agreement does not apply to information that: iii. was received by Recipient from a third party and Recipient was not aware that the third party had a duty of confidentiality to Discloser in respect of the information;

Answer:


Input:
You are answering a LegalBench legal-reasoning benchmark item.
Task: You are a lobbyist analyzing Congressional bills for their impacts on companies. Given the title and summary of the bill, plus information on the company from its 10-K SEC filing, determine if the bill is at least somewhat relevant to the company in terms of whether it could impact the company's bottom line if it was enacted.
Return exactly one of these labels (and nothing else): No, Yes.

bill title:
A bill to amend the Internal Revenue Code of 1986 to establish a new tax credit and grant program to stimulate investment and healthy nutrition options in food deserts, and for other purposes.

bill summary:
Healthy Food Access for All Americans Act

This bill allows tax credits and grants for activities that provide access to healthy food in food deserts, which are communities that have limited or no access to grocery stores and meet income requirements.

For entities that are certified by the Department of the Treasury as special access food providers using specified criteria, the bill allows tax credits for operating a new grocery store or renovating an existing grocery store in a food desert. The bill also authorizes grants for a portion of (1) the construction costs of building a permanent food bank in a food desert, and (2) the annual operating costs of temporary access merchants (mobile markets, farmers markets, and food banks).

Treasury, in coordination with the Department of Agriculture (USDA), must annually allocate the tax credits and grants to special access food providers. Grants authorized by this bill are not considered gross income for tax purposes.

The bill also requires USDA to update the Food Access Research Atlas at least annually to account for food retailers that are placed in service during that year.

company name:
Pinnacle Foods, Inc.

company description:
We are a leading manufacturer, marketer and distributor of high-quality, branded food products in North America, with annual net sales of approximately $3.1 billion in fiscal 2017. Our brand portfolio enjoys strong household penetration in the United States ("U.S."), where our products can be found in over 85% of U.S. households. Our products are sold through supermarkets, grocery wholesalers and distributors, mass merchandisers, super centers, convenience stores, dollar stores, natural and organic food stores, drug stores, e-commerce websites and warehouse clubs in the United States and Canada, as well as in military channels and foodservice locations. Pinnacle Foods Inc. is a holding company whose sole asset is 100% ownership of Peak Finance Holdings LLC ("PFH"). PFH is a holding company whose sole asset is 100% ownership of Pinnacle Foods Finance LLC.  The Company's business is organized into the following four reportable segments: The Frozen segment, The Grocery segment, The Boulder segment and The Specialty segment Frozen Segment  Birds Eye is the largest brand in the $3.3 billion frozen vegetables category, with a 31.9% market share. Government programs, such as the USDA's My Plate program, and nutrition and health professionals continue to identify increased vegetable consumption as a key to better health. We believe that enhancing the taste of vegetables and making them exceptionally convenient are keys to driving more vegetable consumption.  Birds Eye has taken a leadership role in increasing vegetable consumption, including encouraging children to eat more vegetables. We are supporters of the USDA's My Plate program and have engaged in breakthrough marketing efforts with major multi-media family entertainment partners to encourage children to eat more vegetables. We also compete in the frozen complete bagged meals category with our Birds Eye Voila!  frozen bagged meals provide consumers with a high quality complete meal, including protein, starch, and vegetables, that can be prepared in a skillet in just minutes.  Our Frozen segment also includes Hungry-Man frozen entrées, Van de Kamp's and frozen prepared seafood, Lender's frozen and refrigerated bagels and Celeste frozen pizza. Grocery Segment Included in the Grocery segment is our Duncan Hines portfolio, which includes cake mixes, ready-to-serve frostings, brownie mixes, and cookie mixes. In addition to our traditional cake mix offerings, our cake mix portfolio also includes premium offerings under the Duncan Hines Decadent and Duncan Hines Perfect Size brands.  Duncan Hines is the #2 brand with a 28.9% market share in the $1.1 billion cake/brownie mix and frostings We compete in the shelf-stable salad dressings category with our Wish-Bone and Western brands, including our Wish-Bone E.V.O.O., Wish-Bone Ristorante Italiano and Wish-Bone Avocado Oil lines. We hold the #4 position in the $2.0 billion salad dressings category, with a combined share of 11.0%, and Wish-Bone holds the #1 position in the branded Italian segment of the category. Our Grocery segment also includes Armour, Nalley and Brooks canned meat, Mrs. Butterworth's and Log Cabin table syrups, Smart Balance premium margarine/spread, Comstock and Wilderness pie and pastry fruit fillings and Open Pit barbecue sauce.  The Grocery segment also includes a diversified portfolio of shelf-stable and refrigerated products including a complete line of shelf-stable pickle products, primarily under the nationally-distributed Vlasic brand, and the regional brands under the Milwaukee's and Wiejske Wyroby brands. Our Vlasic brand, represented by its trademark Vlasic stork, has the highest consumer awareness and quality ratings in the pickle category.  Vlasic is the #1 brand in the $790 million shelf-stable pickle category and Pinnacle pickle brands collectively hold a 34.3% market share.  We offer a portfolio of gluten-free products under the

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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.

This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns, including, but not limited to, any chapter 11 or chapter 7 trustee; provided, however, that this Agreement may not be assigned by any of the Parties without the prior written consent of the other, provided further that notwithstanding the foregoing, GA and Tiger may each collaterally assign this Agreement and their rights thereunder to their respective lenders.

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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 to the contrary set forth in this Section 6.04, no Loan Party shall make any Investment in any Subsidiary (other than another Loan Party) or any Unrestricted Subsidiary if the consideration paid by such Loan Party to such Subsidiary (other than a Loan Party) or such Unrestricted Subsidiary in respect of such Investment constitutes Material Intellectual Property; provided that nothing in this sentence shall prohibit any non-exclusive (other than exclusive distribution or other similar within a specified jurisdiction) license or sublicense of Material Intellectual Property to, or use of Material Intellectual Property by, any Subsidiary or Unrestricted Subsidiary.  Notwithstanding anything to the contrary set forth in this Section 6.06, no Loan Party shall make any Restricted Payment to any Subsidiary (other than another Loan Party) or any Unrestricted Subsidiary in the form of Material Intellectual Property? provided that nothing in this sentence shall prohibit any non-exclusive (other than exclusive distribution or other similar within a specified jurisdiction) license or sublicense of Material Intellectual Property to, or use of Material Intellectual Property by, any Subsidiary or Unrestricted Subsidiary.

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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.

For clarity, if AbbVie does not exercise its License Option, Harpoon retains all rights under Harpoon's interests in the Joint Patents and the Joint Know-How, if any, to Exploit the Licensed Compounds and Licensed Products in its sole discretion without duty to account to AbbVie in connection with such use or Exploitation.

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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.

All information learned or developed pursuant to this Agreement shall be "Confidential Information" as defined in this Agreement and shall be the property of State.

Answer:

Attachment B - Intent to Propose and Non-Disclosure Agreement.pdf


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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.

Our Commitment to Data Security Food Allergy Research & Education implements physical, electronic, and managerial procedures to ensure that your personal information is protected at all times. Our servers are housed in an off-site, secured co-location facility. Employee access to personal information is strictly on a need-to-know basis. All employees are made aware of the Privacy Policy and of any updates or changes to it. Employees are reminded of the importance of protecting the privacy of our donors and Internet site users.

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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.

As a company handling a diverse range of products and services across the globe, ensuring that our supply chains operate sustainably is crucial to our business. In order to reflect this, MC stipulates its requirements through the ‘Mitsubishi Corporation Policy for Sustainable Supply Chain Management’, established originally in February 2008. MC and all its suppliers take the same fundamental position towards the themes addressed in the Policy, which include human and labor rights, anti-corruption and environmental conservation.

Core Principles

Since its foundation, Mitsubishi Corporation has adhered to three corporate principles which have guided its corporate philosophy and which place considerable emphasis on the importance of its corporate social responsibilities. Moreover, Mitsubishi Corporation's Corporate Standards of Conduct state that the company will develop its business activities in compliance with all relevant laws and international regulations and that it will act responsibly and respect the highest social standards. The Corporate Standards of Conduct also underline Mitsubishi Corporation's dedication to preserving the global environment and pursuing sustainable development through all aspects of its business activities.

Mitsubishi Corporation Policy for Sustainable Supply Chain Management Updated: December 2011

Policy

Mitsubishi Corporation (hereafter ‘MC’) strives to ensure that business is conducted responsibly throughout its supply chains. In order to convey this stance to suppliers, the company has established the “Mitsubishi Corporation Policy for Sustainable Supply Chain Management,” which it expects all suppliers to understand, embrace and abide by.

(1) Forced Labor

Suppliers shall employ all employees of their own free will with no employee being subject to forced or bonded labor.

(2) Child Labor

Suppliers shall not employee people under the minimum legal working age of the country in question.

(3) Safe and healthy Working Environments

Suppliers shall work to provide employees with safe and healthy working environments.

(4) Freedom of Association

Suppliers shall respect the right of employees to associate freely and for these groups to negotiate working environments, wages and other matters with employers.

(5) Discrimination

Suppliers shall strive to ensure equal opportunities in the work place and shall not engage in discrimination with regard to recruitment and employment practices.

(6) Abuse and Harassment

Suppliers shall respect employees' human rights and must not tolerate abuse or any form of harassment.

(7) Working Hours

Suppliers shall ensure that employees' working hours and use of leave entitlements are appropriately monitored so as not to infringe upon any statutory regulations.

(8) Suitable Remuneration

Suppliers shall pay employees at least the statutory minimum wage and shall not unreasonably reduce wages.

(9) Anti-corruption

Suppliers shall engage in fair business practices, avoid corruption including bribery and extortion, and comply with applicable laws and regulations.

(10) Environment

Suppliers should work to protect the environment and will consider the environmental impact of their business activities on local communities and ecosystems.

(11) Information Disclosure

Suppliers shall disclose information with respect to the aforementioned matters in a timely and appropriate manner.

Monitoring

In order to ensure that suppliers operate in accordance with the above Policy, MC requires suppliers to complete self-assessment questionnaires. In addition, the company conducts onsite evaluation of suppliers at random.

Non-Compliances and Corrective Actions

Where MC identifies cases of non-compliance to the Policy, it communicates its remediation requirements to suppliers and provides support for redressing specific issues. MC reserves the right to disengage with suppliers who do not take appropriate measures to remedy non-compliance.

Surveys and Site Monitoring

MC conducts surveys of suppliers of a range of products, including those industries where CSR considerations are particularly impactful, such as agricultural produce and apparel.

In the fiscal year ending March 2014, replies were received from 199 companies in 34 countries and regions. Respondents answered questions pertaining to matters such as the existence of regulations and legal compliance; forced labor, child labor and prohibition of discrimination; environmental conservation; and information disclosure.

No particular problems were identified by this survey, but as a measure of assurance we have also begun site visits to key suppliers. In February 2013, we visited a shrimp hatchery company and a shrimp processing company in southern Thailand to inspect manufacturing work sites, interview management and monitor the CSR activities of each company.

Supplier surveys and site visits provide a valuable opportunity to communicate MC's stance on CSR and environmental affairs and will therefore be conducted on an ongoing basis.

MC conducts transactions with a large number of suppliers throughout the world. Moving forward, the company plans to continue efforts to ensure that its supply chain guidelines are well understood by overseas offices and MC Group companies, while eliciting the understanding and cooperation of suppliers on a global basis.

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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.

Real Mex Restaurants Policy: California Transparency in Supply Chains Act

Real Mex Restaurants is committed to purchasing goods and services only from suppliers that strive to treat all employees fairly and maintain excellent labor practices. We uphold this commitment through the following policies:

We require every Real Mex supplier to sign a written statement verifying that they are not engaged in any type of human trafficking, human rights violations or other illegal or unfair labor practices. As part of this statement, the supplier must also verify that they are not purchasing or using any ingredients in their products that originates from a nation or source engaged in forced labor, human trafficking or other human rights violations. We keep these letters on file and require each vendor to restate their written commitment on an annual basis.

In all supplier contracts Real Mex reserves the right to verify the supplier’s compliance with this human rights policy, in addition to our safety and quality standards, through surprise inspections of supplier facilities by Real Mex or third parties hired by Real Mex. Should any supplier found to be in violation of these standards, Real Mex intends to terminate that supplier’s contract. Our standards are clearly communicated to each supplier prior to executing any new contracts.

Real Mex Restaurants fully supports the California Transparency in Supply Chains Act (SB 657) and through these steps works to ensure that its suppliers comply with both its spirit and legal requirements. The company’s policy is to immediately investigate and address any information brought to its attention regarding any actions by a supplier that may be in violation of this Act.

Among the core values of Real Mex Restaurants are integrity, honesty and respect. Through the hiring, training and management of Real Mex employees we strive to enforce these values every day, ensuring that every person in our company is treated in accordance with federal, state, and local laws.

All Real Mex employees  who directly engage in supply chain management will be required to sign a document indicating that they fully understand and will follow these policies.

- See more at: http://www.lasbrisaslagunabeach.com/ctsca-policy.html#sthash.NUkuAS7y.dpuf

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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 65

Paragraph:
Donna and Hurley contend that the Supreme Court's decision in Honeycutt v. United States, ––– U.S. ––––, 137 S. Ct. 1626, 198 L.Ed.2d 73 (2017), should be applied retroactively to invalidate the forfeiture judgments against them.

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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.

During the Restricted Period and at all times thereafter, Seller Parties will keep and hold all Confidential Information (as hereinafter defined) in strict confidence, and will not use or disclose in any way any of such Confidential Information without the prior express written consent of the Buyer Parties.

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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.

Hello!  I finished a degree program in Liberal Arts from a large college in Missouri back in 2012.  This was a *huge* accomplishment because back in 2009, my dad cut off my support. I dropped out of school and started working waiting tables, took night classes, finished an Associates at the local community college, and re-enrolled at the large university in 2010. I worked nights and went to school during the day to finish.  When I walked across that stage, I had done it all on my own. Great feeling, right?  Well, in my last semester, I was almost kicked out for non-payment. A financial aid officer had Mercy on my soul, and removed the hold on my account so I could graduate. I completed all my coursework, but my degree was never actually awarded. This is important for the actual question, which I'm getting to I swear y'all.  Anyway, I did a year of AmeriCorps service, and came away with a Segal Award for $5730. The balance I owe my university was originally $7500, but due to finance charges is $11k. However, they're willing to accept $9k and release my degree.  I was accepted into a Master's program to continue my work in Youth Education, but they wouldn't let me begin without my official transcript. People in my community fundraised for me, and I was able to get the remaining amount. Then the university refused to accept my AmeriCorps award, stating that it can not be used on a previous balance.  I have contacted the National Service hotline twice, and both times supervisors have stated that since my degree was never actually awarded, and the university would require me to re-enroll before awarding my degree, the balance would count as current. Additionally, the balance stays current as it accrues the finance charge every month.  At this point, I know I need to retain an attorney and just have them reach an agreement this way. I'm planning to seek out low cost legal services here in the Greater Boston area, hopefully via Harvard Law when their clinics start back up.  I'm curious what sort of letter needs to be drafted. What's reasonable to ask them to do? I want them to accept the award, and allow me to go on a payment plan for the remainder, and *hopefully* reduce the finance charges a little closer to the original balance. (I spent the gifted money on living expenses; I have a new baby and didn't have much of a choice since I couldn't begin my Master's program and use loan money from that for living expenses. Not ideal, I know, but I'm desperate.)  It should be noted that, in a last ditch effort, I sent the Provost a letter about 3 months ago, but never got a response back. The Provost makes like $375k a year, I doubt she could even begin to understand what I'm dealing with or cared at all.  **tl:dr University won't accept payment via an AmeriCorps award, won't release transcript, how do I negotiate with them?**

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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.

Carter contends the circumstances suggest discrimination because he was disciplined for conduct that Atrium's white employees engaged in with impunity. For example, he asserts he was disciplined for being on Facebook and using his cell phone at work and for failing to account for missing bills from the lobby cash drawer, while other white employees were not. But Carter acknowledges that he was fired over the hotel key incident, rather than as a result of these comparatively minor infractions. He has not presented evidence of any situation in which a white Atrium employee took a hotel room out of service, made a [**10]  key to it, and then allowed unregistered guests to gain possession of the key, without being fired as a result. Nor is there evidence of white Atrium employees engaging in comparably serious misconduct without experiencing similarly harsh employment consequences. As such, Carter has not shown that similarly situated employees outside of his protected class were treated more favorably than him after engaging in similar misconduct. See Pye, 641 F.3d 1019 (explaining that to be similarly situated employees must be "involved in or accused of the same or similar conduct and . . . disciplined in different ways" (cleaned up) (quoting Wimbley v. Cashion, 588 F.3d 959, 962 (8th Cir. 2009))). The record shows that the first of the three Assistant Front Office Managers Atrium hired was a former Atrium employee with a great track record at the company who had left to attend hospitality school. The second had an undergraduate degree in event management. And the third served as a Night Auditor at another hotel for five years, which both parties acknowledge represents management experience. In contrast, Carter had no formal hospitality or event management education, lacked management experience, and received a number of disciplinary write-ups from Atrium before being passed over [**13]  for promotion. In addition, the record shows that Atrium has hired Black men for the Assistant Front Office Manager position in the past. Even drawing all reasonable inferences in Carter's favor, after a careful review of the record we conclude that he has not presented evidence to show that Atrium's stated reason for declining to promote him was "not the true reason," but rather a "pretext for discrimination." Kim v. Nash Finch Co., 123 F.3d 1046, 1056 (8th Cir. 1997) (quoting Tex. Dep't of Cmty. Affs. v. Burdine, 450 U.S. 248, 256, 101 S. Ct. 1089, 67 L. Ed. 2d 207 (1981)). Summary judgment on the failure to promote claim was warranted.

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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.

Hi,  Thank you guys for taking the time to read this and help us out, we messed up! My girlfriend and I run a small business in BC, Canada. We needed scheduling software and she ended up going with a web platform she used to use at an old job, however, we really dont like it at all and we havent used it, but its costing us 100$ a month! The web service company is based out of New Jersey. Is there anything we can do to get out of this contract or break it by paying less than what they are asking?   I know Canada has some consumer protection laws, but I dont know if they are applicable in this situation. I've provided more details below:  She signed a 24 month contract and when we asked the company how to cancel they transferred us on the phone several times before saying they couldnt help us and then it took a few days before they finally emailed us the cancellation information. **To cancel the contract we would have to buy out our remaining term and pay them for all 24 months anyway**.   The communcation with the company has been awful, they emailed us completely incorrect information about our contract and how long it is then in the same email attached the actual contract she signed with the correct information. **In the email they say we signed the contract in 2014 when it was actually 2016 and the actual contract shows 2016 too . Here is the email:**  * "After a review of your account, your company signed and committed to a one year monthly payment subscription agreement with WorkWave effective 9/4/2014.  Your signed agreement is attached for your convenience. Per the terms & conditions of the agreement, cancellation will require a buyout of the nineteen remaining months of your contract. The contract balance at this time is $1,425.00 plus any applicable sales tax."    **Here is the wording of the actual contract:**  Prices include the use of the software, hosting your company’s information, automatic software updates and data file backup. The monthly payment plan pricing is based on a 24 month subscription (with automatic renewal) as further set forth in this Purchase Order Agreement and the General Terms and Conditions referenced herein. At any point during the License Term, additional users may be added. The pro-rated amount of the additional user(s) will apply and be billed at the time such users are added upon between the parties. Customer's credit card shall be charged, and Customer agrees to pay each month, the actual concurrent user pricing fee. The ServiceCEO Solution shall be provided to Customer based on a subscription term of twelve (12) months from the Service Commencement Date (“Initial Term”). At the completion of the Initial Term, the Subscription Term shall renew automatically for successive twelve (12) month periods (each period a “Renewal Term”) unless either party gives written notice to the other party of its intent not to renew at least fortyfive (45) days prior to the end of the Initial Term or then current Renewal term. In the event that the customer terminates this agreement during the contract term, an early termination fee will be charged to the credit card on file in the month that the customer terminates this agreement. As detailed in the General Terms and Conditions, early termination fees shall be computed based on the monthly fees due multiplied by the number of months remaining in the Initial Term, or in the then current Renewal Term, as applicable. Customer hereby agrees that the provision of the ServiceCEO Web Edition Business Management Software Subscription, training, implementation services and support related thereto shall be governed by WorkWave's standard Terms of Use which are available for review at http://www.workwave.com/general-terms-and-conditions. The Terms of Use cannot be superseded, supplemented or replaced with any other terms unless such terms are specifically agreed to by WorkWave in writing

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