flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: between majority and minority shareholders in closely held companies that would apply to every transaction. See, e.g., Allen v. Devon Energy Holdings, L.L.C., 867 S.W.3d 355, 391 (Tex.App.-Houston [1st Dist.] 2012, judgm’t set aside by arg.) (op. on reh’g). Texas courts have, however, recognized that an informal fiduciary duty may exist between the shareholders in a closely held corporation, depending on the circumstances. See generally Willis v. Donnelly, 199 S.W.3d 262, 277 (Tex.2006); Miller v. Miller, 700 S.W.2d 941, 945-46 (Tex.App.-Dallas 1985, writ ref d n.r.e.) (stating that shareholders’ intimate knowledge of company’s affairs supported finding a fiduciary relationship); Tuck v. Miller, 483 S.W.2d 898, 905 (Tex.Civ.App.-Austin 1972, writ ref d n.r.e.) (op. on reh’g) (<HOLDING>); see also Allen, 367 S.W.3d at 391 Options: A. holding that superior business expertise among other factors supported a finding of a confidential relationship B. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record C. recognizing that among other factors the location and level of the precedent as well as its age are important factors in a qualified immunity analysis D. holding lab report properly admitted as business record supported finding of violation of probation E. holding substantial evidence supported jury finding of abuse of process

assistant: The best answer is A. holding that superior business expertise among other factors supported a finding of a confidential relationship
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notice shall he addressed to the PARTIES at the address and facsimile listed below and sent by both (a) email and (b) by a nationally recognized overnight courier for next day morning delivery, in which case notice shall be deemed delivered one (1) business day after the facsimile has been sent and one (I) business day after deposit with such overnight courier. The addresses below may be changed by written notice to the other each of the PARTIES; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: betterpoints.uk is also not responsible or liable for any reputational and goodwill damage or loss to you through being associated with betterpoints.uk by being a member , partner , merchant or any other involvement with betterpoints.uk within the area of causes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby agrees to indemnify and defend Stillwater and its members, managers, shareholders, directors, officers, employees, agents and attorneys, and each of them (each an “ Indemnified Party ”), and to hold each Indemnified Party harmless from and against, any loss, liability, damage, claim or expense (including, but not limited to, reasonable attorneys’ fees and costs of one counsel) arising out of this Letter Agreement, the other Loan Documents, the transactions contemplated hereby, or any of them, except to the extent caused solely by Stillwater’s gross negligence or willful misconduct. This Section 22 shall survive the expiration or earlier termination of (i) Stillwater’s obligations to make Loans, (ii) the Loan Documents, and (iii) the repayment of all Loans and the performance of the Company’s obligations under the Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As compensation for all services performed by Executive under and during the Employment Term, the Company shall pay to Executive a base salary at the rate of $125,000 per year, in equal bi-weekly installments in accordance with its customary payroll practices. Such base salary, as may be increased from time to time at the Company’s sole discretion, is hereafter referred to as the “ Base Salary .” All payments will be subject to Executive’s chosen benefit deductions and the deductions of payroll taxes and similar assessments as required by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The “Term” of this Agreement shall commence on the Effective Date and continue thereafter for a term of five (5) years (the “Initial Term”), as may be extended or earlier terminated pursuant to the terms and conditions of this Agreement. The Term of this Agreement shall automatically renew for successive one (1) year periods after the first five (5) years from the Effective Date unless, within sixty (60) days of the expiration of the then existing Term, Company or Employee provides written notice to the other party that it elects not to renew the Term. Upon delivery of such notice, this Agreement shall continue until expiration of the Term, whereupon this Agreement shall terminate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 9006(b)(3). There is no excusable neglect basis for enlarging the claims bar date included in Rule 3002(c). Accordingly, the excusable neglect standard found in Rule 9006(b)(1) does not authorize extensions of the claims deadline imposed in chapter 13 cases. In re Oscar, 2005 WL 6522763 (Bankr.E.D.Pa. Apr. 14, 2005). “[S]ince 1994, the courts have almost uniformly ruled that proofs of claim that are untimely filed in a Chapter 13 case may not be deemed timely filed, and that the claimants thereunder should not take from, or be permitted to recover from, the debtor’s estate under the Chapter 13 plan.” Daniels, 466 B.R. at 217 (listing examples). This Court has consistently held that late claims are not permitted in chapter 13 cases. In re Dumain, 492 B.R. 140, 148 (Bankr.S.D.N.Y.2013) (<HOLDING>). As such, the Court will not allow Ocwen’s Options: A. holding impairment of secured creditors foreclosure remedy permissible B. holding that failure to comply with bankruptcy rule 4004 may be waived C. holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added D. holding that secured creditors must comply with the bar date imposed by bankruptcy rule 3002c E. holding that a creditors security was preserved notwithstanding the bankruptcy of the debtor

assistant: The best answer is D. holding that secured creditors must comply with the bar date imposed by bankruptcy rule 3002c
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be governed by and construed in accordance with the domestic Laws of, and enforced in, the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the Laws of any jurisdiction other than the State of California.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrowers shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrowers hereunder shall be made to the Agent, for the account of the respective Lenders to which such payment is owed, at the Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Agent will, subject to Section 2.13 hereof, promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Agent after 2:00 p.m. shall, at the option of the Agent, be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrowers shall come due on a day other than a Business Day, payment shall be made on the next following Business Day (other than with respect to payment of a LIBOR Loan), and such extension of time shall be reflected in computing interest or fees, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The indemnification provided for under this Agreement shall remain in full force and effect regardless of any investigation made by or on behalf of the indemnified party or any officer, director or controlling person of such indemnified party and shall survive the transfer of securities. The Company and each Holder of Registrable Securities participating in an offering also agrees to make such provisions as are reasonably requested by any indemnified party for contribution to such party in the event the Company’s or such Holder’s indemnification is unavailable for any reason.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Hell Gate, post-Treaty legislation, and Executive branch actions, the Ñamen court determined that the Ñamen family’s title extended only to the high water mark and that the bed and banks of Flathead Lake within the Reservation boundaries are held by the United States in trust for the Tribes. Ñamen, 665 F.2d at 962. ¶19 Indeed, the determination that the bed of the south half of Flathead Lake is held in trust for the Tribes by the United States has been upheld in every federal challenge. See, for example, Montana Power Co. v. Federal Power Com. (D.C. Cir. 1972), 459 F.2d 863, 865, cert. denied, 408 U.S. 930, 92 S.Ct. 2497, 33 L.Ed.2d 343 (“The Tribes also own one half of the land of the reservoir, known as Flathead Lake.”); United States v. Pollmann (D. Mont. 1973), 364 F. Supp. 995 (<HOLDING>); Confederated Salish & Kootenai Tribes v. Options: A. holding that federal and tribal prohibitions on hunting and fishing on the south half of the lake apply because under rochester the united states owns it in trust for the tribes B. recognizing that tribes and states understood that they shared the right to manage the exercise of in common hunting and fishing rights C. holding that lands held in trust by the united states for the tribes are indian country within the meaning of 1151a D. holding that tribal sovereignty is dependent on and subordinate to only the federal government not the states E. recognizing that tribes have an interest in a uniform body of federal law in the area of tribal immunity

assistant: The best answer is A. holding that federal and tribal prohibitions on hunting and fishing on the south half of the lake apply because under rochester the united states owns it in trust for the tribes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of any Loan Document is held to be invalid, illegal or unenforceable under present or future laws, the legality, validity and enforceability of the remaining provisions of the Loan Documents shall not in any way be affected or impaired thereby. In lieu of each such illegal, invalid or unenforceable provision, there shall be added to the Loan Document affected, a provision that is legal, valid and enforceable and as similar in terms to such illegal, invalid and unenforceable provision as may be possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to Dr. Wentworth’s November 2010 opinion: (1) there was no record support for Dr. Wentworth’s restricted limitations on Maestas’s lifting, sitting and standing when in fact the limitations on lifting are inconsistent with Dr. Wentworth’s November 2011 assessment that Maestas could lift a maximum of 20 pounds and lift 10 pounds frequently; and (2) this opinion was inconsistent with Maestas’s physical therapy reports showing overall improvement, decreased pain and symptoms as well as treatment reports indicating minimal pain or tenderness. The ALJ gave the following specific and legitimate reasons for assigning Dr. Wentworth’s November 2011 opinion only some weight: Maestas’s activities and clinical findings did not support this opinion. Lester v. Chater, 81 F.3d 821, 830 (9th Cir. 1995) (<HOLDING>). The Commissioner’s determination at Step Two Options: A. holding that the alj erred by failing to mention the contrary opinion of a treating physician B. holding that clear and convincing reasons are not required to reject contradicted conclusions of a treating physician C. holding that a treating physicians diagnosis could be rejected for specific and legitimate reasons that are supported by substantial evidence in the record D. holding that the alj must make findings setting forth specific and legitimate reasons that are supported by substantial evidence in order to reject the contradicted opinion of a treating physician E. holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician

assistant: The best answer is D. holding that the alj must make findings setting forth specific and legitimate reasons that are supported by substantial evidence in order to reject the contradicted opinion of a treating physician
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Interest on Advances shall be payable in arrears on the first day of each month with respect to Domestic Rate Loans and Overnight Eurodollar Rate Loans. Interest charges shall be computed on the actual principal amount of Advances outstanding during the month at a rate per annum equal to (i) with respect to Revolving Advances, the applicable Revolving Interest Rate, (ii) with respect to FILO Advances, the applicable FILO Interest Rate and (iii) with respect to Swing Loans, the rate set forth in subclause (a) of the definition of Revolving Interest Rate (as applicable, the “ Contract Rate ”). Whenever, subsequent to the date of this Agreement, the Alternate Base Rate or Overnight Eurodollar Rate is increased or decreased, the applicable Contract Rate shall be similarly changed without notice or demand of any kind by an amount equal to the amount of such change in the Alternate Base Rate or Overnight Eurodollar Rate during the time such change or changes remain in effect. Upon and after the occurrence of an Event of Default, and during the continuation thereof, at the option of Agent or at the direction of Required Lenders, the Obligations shall bear interest at the applicable Contract Rate plus two (2%) percent per annum (the “ Default Rate ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For services rendered by the Executive under this Agreement during the Employment Period, the Company shall pay to the Executive an annual base salary (“ Base Salary ”), evenly paid twice a month or on such other schedule as salaried employees of the Company are generally and regularly compensated. During the Employment Period from the Effective Date through the term of this Agreement, the Base Salary shall be at the rate of no less than $500,000 per year; With respect to periods commencing on and after January 1, 2019, the Compensation Committee, in consultation with the Chief Executive Officer, shall review the Executive’s Base Salary from time to time and may, in its sole discretion, increase it; provided that the Base Salary shall not be lowered from the rate of $500,000.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: out an exception to the prescription drug rule in the case of oral contraceptives. See MacDonald v. Ortho Pharmaceutical Corp., 394 Mass. 131, 475 N.E.2d 65, 70, cert. denied, 474 U.S. 920, 106 S.Ct. 250, 88 L.Ed.2d 258 (1985). In MacDonald, the SJC decided that oral contraceptives require direct warnings to patient consumers because, unlike most prescription drugs involving substantial risks: (1) a patient usually takes an active role in the decision to choose oral contraceptives; (2) direct warnings by the manufacturer to the consumer are feasible; and (3) doctor-patient contact is limited — i.e., oral contraceptives are generally prescribed for a full year without any interim appointments. See id. 475 N.E.2d at 69-70. Cf. Lukaszewicz v. Ortho Pharmaceutical Corp., 510 F.Supp. 961 (<HOLDING>), amended on other grounds, 532 F.Supp. 211 Options: A. holding prior drug deals admissible to prove knowledge of the drug trade B. holding a fiveyear old drug conviction is probative of a defendants state of mind in a drug conspiracy case C. recognizing departure from prescription drug rule in the case of oral contraceptives where plaintiff can show that defendant deviated from food and drug administration fda regulations D. holding that defendants were not entitled to summary judgment on causation because plaintiff presented peerreviewed scientific studies showing that drug prescribed to her reduced efficacy of oral contraceptives E. holding that referring the issue to fda would be wasteful and duplicative in case where fda had filed seizure actions after rejecting premos attempt to file drug with agency

assistant: The best answer is C. recognizing departure from prescription drug rule in the case of oral contraceptives where plaintiff can show that defendant deviated from food and drug administration fda regulations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Third Amendment may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Third Amendment by facsimile or electronic transmission (e.g., pdf) shall be effective as delivery of a manually executed counterpart hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date (as defined below), the Company will issue and deliver (or cause to be issued and delivered) the Exchange Securities to the Holders, or in the name of a custodian or nominee of the Holders, or as otherwise requested by the Holders in writing, and the Holders will surrender to the Company the Original Securities. The closing of the Exchange shall occur as on the date hereof, or as soon thereafter as the parties may mutually agree in writing (the “ Closing Dates ”), subject to the provisions of Section 4 and Section 5 herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to forced sterilization or other harm rising to the level of persecution. See Wei Guang Wang v. BIA, 437 F.3d 270, 274-275 (2d Cir.2006) (affirming the BIA’s summary consideration and rejection of the “oft-cited Aird affidavit, which the BIA is asked to consider time and again,” as evidence that Chinese citizen parents of foreign born children have an objective fear of forced sterilization or abortions). Likewise, the BIA properly found that Chen’s relatives’ letters, which she had submitted to the IJ prior to her merits hearing, did not provide evidence that she would be persecuted if removed to China where the letters detailed the forced abortion and sterilization of individuals who, unlike Chen, had children born in China. See Jian Xing Huang v. INS, 421 F.3d 125, 129 (2d Cir.2005) (<HOLDING>). Accordingly, as the BIA properly considered Options: A. holding that to show an objectively reasonable fear of future persecution an applicant must establish that he would be singled out for persecution or that there was a pattern or practice of persecution of similarlysituated individuals B. holding that absent solid support in the record for the petitioners assertion that he would be subjected to persecution his fear was speculative at best C. holding that absent past persecution an alien can demonstrate eligibility for asylum based on a wellfounded fear of future persecution by demonstrating that he or she subjectively fears persecution and that this fear is objectively reasonable D. holding that absent solid support in the record for the petitioners assertion that he would be subjected to persecution in china because of his desire to have more children his fear was speculative at best E. recognizing that objective reasonableness entails a showing that a reasonable person in the petitioners circumstances would fear persecution if returned to his native country

assistant: The best answer is E. recognizing that objective reasonableness entails a showing that a reasonable person in the petitioners circumstances would fear persecution if returned to his native country
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: L5-5 and S 1 dermatones. Dr. Naum prescribed plaintiff medications, such as OxyContin and a Duragesic patch. All of this comports with what Dr. Heban, the state agency’s physician, reported, a report to which the ALJ gave great weight in determining that plaintiff lacked credibility. Dr. Naum never asserted that plaintiffs observed quality of movement was to be expected nor asserted that use of double-braced canes was necessary given the conditions that all the doctors agree plaintiff has. Observations about plaintiffs gait and ambulation, then, are more like statements made by plaintiff about his conditions, statements that the ALJ here found not entirely credible when compared to objective medical evidence. See Young v. Sec’y of Health & Human Servs., 925 F.2d 146, 151 (6th Cir.1990) (<HOLDING>); 20 C.F.R. § 404.1529 (2006); see also Smith Options: A. holding that a patients settlement of a prior action brought against him by doctors for payment of a bill did not bar medical malpractice action against doctors B. holding that a doctors report that merely repeats a patients assertions about her level of pain and ability to sleep stand and walk is not objective medical evidence C. holding that an insurance company could not deny a claim for longterm disability benefits based on a lack of objective medical evidence when the original policy did not refer to the objective medical evidence standard and never defined that term D. holding that alj properly evaluated credibility where he cited specific instances where claimants complaints about pain and other subjective symptoms were inconsistent with the objective medical evidence of record E. holding that doctors do not have to accept patients

assistant: The best answer is B. holding that a doctors report that merely repeats a patients assertions about her level of pain and ability to sleep stand and walk is not objective medical evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: n. 1 (1985) (emphasis in original); compare Blackburn v. Alabama, 361 U.S. 199, 80 S.Ct. 274, 4 L.Ed.2d 242 (1960). Unlike actual coercion, unwarned questioning does “not abridge [a defendant’s] constitutional privilege [to remain silent] ...,” but rather represents a departure “only from the prophylactic standards ... laid down by [the United States Supreme Court] in Miranda____” Michigan v. Tucker, 417 U.S. 433, 446, 94 S.Ct. 2357, 2364, 41 L.Ed.2d 182, 194 (1974). This distinction is not without a difference. Although it is true that statements procured in violation of Miranda must be suppressed, the Court has held that fruit derived thereof is admissible. Id. For ana 774, 1780, 12 L.Ed.2d 908 (1964) (same); Haynes v. Washington, 373 U.S. 503, 83 S.Ct. 1336, 10 L.Ed.2d 513 (1963) (<HOLDING>); Payne v. Arkansas, 356 U.S. 560, 78 S.Ct. Options: A. recognizing that harmless error analysis is appropriate even if presumptively coerced confession is improperly introduced B. holding that trial judges determination of the admissibility of a confession is based on whether the confession was voluntarily given C. holding introduction of actually coerced confession constitutes reversible error even where confession was cumulative in nature D. holding that question of whether a confession was coerced was not to be resolved by considering the truth or falsity of the confession E. holding that use of a coerced confession in criminal trial would be fundamentally unfair

assistant: The best answer is C. holding introduction of actually coerced confession constitutes reversible error even where confession was cumulative in nature
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any legal action or proceeding with respect to this Agreement shall be brought in the courts of the State of New Jersey or of the United States of America for the District of New Jersey. By execution and delivery of this Agreement, each of the parties hereto accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Each of the parties hereto irrevocably consents to the service of process of any of the aforesaid courts in any such action or proceeding by mailing copies thereof by certified mail, postage prepaid, to the party at its address set forth in subsection (f). THE PARTIES IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY TO ALL CLAIMS HEREUNDER.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: revocation of supervised release are attributable to the original conviction, not a punishment for a new offense). The Crawford, holding does not apply to supervised release revocations because they are not “criminal prosecutions” under the Sixth Amendment. See United States v. Kelley, 446 F.3d 688, 691-92 (7th Cir. 2006); United States v. Rondeau, 430 F.3d 44, 47-48 (1st Cir.2005); United States v. Hall, 419 F.3d 980, 985-86 (9th Cir.2005); United States v. Kirby, 418 F.3d 621, 627-28 (6th Cir.2005); United States v. Aspinall, 389 F.3d 332, 342-43 (2d Cir.2004), abrogated on other grounds as recognized in United States v. Fleming, 397 F.3d 95, 99 n. 5 (2d Cir.2005); United States v. Martin, 382 F.3d 840, 844 n. 4 (8th Cir. 2004); cf. Ash v. Reilly, 431 F.3d 826, 829-30 (D.C.Cir.2005) (<HOLDING>). Next, Crawford argues the court’s admission Options: A. holding that crawford does not apply to sentenceselection phase of capital sentencing B. holding that 1447c does not apply to counsel C. holding crawford does not apply to parole revocations D. holding that apprendi does not apply retroactively E. holding that title ii does not apply to the states

assistant: The best answer is C. holding crawford does not apply to parole revocations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and took apart the choke assemblies of the M-l and J-8 wells. Appellees thus exercised “dominion and control ... for their own purposes” over property in which Auster enjoyed a possessory interest, and their behavior thus “clearly constituted a ‘seizure’ ” under Auster’s allegations. Jacobsen, — U.S. at- n. 18, 104 S.Ct. at 1660 n. 18. Auster also sufficiently alleged a search. Auster had a legal right to control the course over which it routed the transmission of oil and gas as part of its operational rights and responsibilities. Appel-lees point us to no law that compelled Aus-ter to direct the flow over a particular route or one that made deviation from such a route illegal and, hence, illegitimate for purposes of the Fourth Amendment. See Jacobsen, — U.S. at -, 104 S.Ct. at 1662 (<HOLDING>). Thus, although Auster’s property rights do Options: A. holding that possession of a controlled substance is a crime only if the defendant knowingly possesses the substance and has knowledge of the nature of that substance B. holding that illegality of cocaine possession rendered illegitimate any expectation that nature of substance would remain private after government lawfully obtained it C. holding that the government need not prove that the defendant actually knew the exact nature of the substance to establish mens rea knowledge of drugs illegality is sufficient D. holding that in prosecution for possession of a controlled substance cocaine possession of cutting reagents used to dilute cocaine and heroin was not other crimes evidence because possession of these substances is legal E. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell

assistant: The best answer is B. holding that illegality of cocaine possession rendered illegitimate any expectation that nature of substance would remain private after government lawfully obtained it
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties agrees that any dispute between the parties shall be resolved only in the courts of the State of Oklahoma or the United States District Court for the Western District of Oklahoma and the appellate courts having jurisdiction of appeals in such courts. In that context, and without limiting the generality of the foregoing, each of the parties hereto irrevocably and unconditionally (a) submits in any proceeding relating to this Agreement or the Executive’s employment by the Company or any Company Affiliate, or the termination of such employment, or for the recognition and enforcement of any judgment in respect thereof (a “ Proceeding ”), to the exclusive jurisdiction of the courts of the State of Oklahoma, located in Oklahoma County, the United States District Court for the Western District of Oklahoma, and appellate courts having jurisdiction of appeals from any of the foregoing and agrees that all claims in respect of any such Proceeding shall be heard and determined in such Oklahoma State court or, to the extent permitted by law, in such federal court, (b) consents that any such Proceeding may and shall be brought in such courts and waives any objection that the Executive or the Company may now or thereafter have to the venue or jurisdiction of any such Proceeding in any such court or that such Proceeding was brought in an inconvenient court and agrees not to plead or claim the same, (c) waives all right to trial by jury in any Proceeding (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the Executive’s employment by the Company or any Company Affiliate, or the termination of such employment, or the Executive’s or the Company’s performance under, or the enforcement of, this Agreement, (d) agrees that service of process in any such Proceeding may be effected by mailing a copy of such process by registered or certified mail (or any substantially similar form of mail), postage prepaid, to such party at the Executive’s or the Company’s address as provided in Section 12 hereof, and (e) agrees that nothing in this Agreement shall affect the right to effect service of process in any other manner permitted by the laws of the State of Oklahoma. In addition, if the Executive substantially prevails on any claim that is the matter of such dispute, the Company shall promptly reimburse the Executive for his legal fees.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices hereunder will be effective upon delivery, will be in writing and will be sent by certified mail, hand delivery, overnight delivery or email, if sent to Rodman, to Rodman & Renshaw, a unit of H.C. Wainwright & Co., LLC, at the address set forth on the first page hereof, email to: notices@rdco.com and if sent to the Company, to the address set forth on the first page hereof, fax number 240-627-4121, Attention: Chief Executive Officer. Notices shall be effective upon delivery.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Such Loan Party will not enter into any transaction of any kind with any Affiliate of the Borrowers, whether or not in the ordinary course of business, other than on fair and reasonable terms not substantially less favorable to the applicable Loan Party as would be obtainable by such Loan Party at the time in a comparable arm’s length transaction with a Person other than an Affiliate; provided that the foregoing restriction shall not apply to: (i) Restricted Payments made in accordance with the terms of this Agreement, (ii) transactions between the Loan Parties, (iii) Dispositions pursuant to Section 7.02(e)(v) , (iv) transactions described on Schedule 7.02(m) , (vi) Shared Facilities Agreements and (vii) any amendment or replacement of the Site Lease in accordance with Section 7.02(n)(v) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Your rights in respect of the Options are conditioned on the receipt to the full satisfaction of the Committee of any required consents that the Committee may determine to be necessary or advisable (including, without limitation, your consenting to the Company’s supplying to any third-party record keeper of the Plan such personal information as the Committee deems advisable to administer the Plan).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: supercell reserves the right in its sole discretion to review , monitor , prohibit , edit , delete , disable access to or otherwise make unavailable any user content ( including without limitation your user content ) without notice for any reason or for no reason at any time .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the execution and delivery of this Agreement nor the consummation of the transactions contemplated hereby will constitute a violation or default under any term or provision of any contract, commitment, indenture, other agreement or restriction of any kind or character to which such shareholders are a party or by which such shareholders are bound.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Sept. 22] with 26 Cal.App.3d at p. 627 [steel installed on Sept. 22].) The facts of Schrader Iron Works, however, did not require the court to address the issue of whether any waivable lien rights arose upon delivery. 4 A11 statutory references are to the Civil Code unless otherwise indicated. 5 E.g., Ensele v. Jolley (1922) 188 Cal. 297, 300 [204 P. 1085] (“in order to entitle a materialman to a lien as against the owner of premises . . . the materials must. . . also have been used therein”); Wilson v. Nugent (1899) 125 Cal. 280, 284 [57 P. 1008] (lack of finding materials furnished were used in building “fatal” to judgment); Roebling Sons Co. v. Bear Val. I. Co. (1893) 99 Cal. 488, 490 [34 P. 80] (quoting Bottomly); Silvesters. Coe Quartz Mine Co. (1889) 80 Cal. 510, 513 [22 P. 217] (<HOLDING>); Holmes v. Richet (1880) 56 Cal. 307, 310 Options: A. holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent B. holding that plaintiff could recover medical fees not actually paid by the insurance company pursuant to an insurance contract C. holding lien claimant could not recover for trackiron furnished for use in repairing mine but not actually used D. holding that prospective buyer of used car could not recover under dealers uim endorsement because uim insurance is not for protection of vehicles but of persons E. holding that party did not fail to mitigate his damages by not repairing motor home because evidence proved it could not be repaired

assistant: The best answer is C. holding lien claimant could not recover for trackiron furnished for use in repairing mine but not actually used
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the contention that there is no "actual case or controversy" between Carlson and the mov-ants. (Mem. in Supp. of Rule 12(b) Mot. to Dismiss by NAC, Scor, Sorema, and Munich at 4-7; Mem. of Law in Supp. of TIG's Mot. to Dismiss at 6-8 (and Reply in Supp. of TIG's Mot. to Dismiss at 5-7); Mem. in Supp. of Rule 12(b) Mot. to Dismiss by Swiss America and Swiss at 4-6; Mem. of Law in Supp. of General and Genesis’ Mot. for Summ. J. at 7-10.) The movants’ argument that there is no actual case or controversy amounts to the contention that there is a "lack of jurisdiction over the subject matter.” Fed.R.Civ.P. 12(b)(1); Aetna Life Ins. Co. v. Haworth, 300 U.S. 227, 239-41, 57 S.Ct. 461, 81 L.Ed. 617 (1937); Medtronic, Inc. v. Mine Safety Appliances Co., 468 F.Supp. 1132, 1134 (D.Minn.1979) (<HOLDING>). 6 . It is "widely recognized that [the] Options: A. holding that the ninetyday filing requirement is not a jurisdictional prerequisite and is subject to equitable tolling B. holding that a coa is a jurisdictional prerequisite C. holding that the exercise of judicial power under article iii of the united states constitution requires an actual case or controversy D. holding that the requirement of an actual case or controversy is a jurisdictional prerequisite under the constitution E. holding that there is an actual controversy between an insurer and the party injured by the insured

assistant: The best answer is D. holding that the requirement of an actual case or controversy is a jurisdictional prerequisite under the constitution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Further, ___________________ , agrees not to use, either directly or indirectly any of the material, ideas, objects or portions thereof of said trade secret or property disclosed by Navidec, Incorporated in any manner whatsoever without the prior written consent of Navidec, Incorporated.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for her adjudication. Absent a showing that the trial court’s failure to give the required explanation may have affected the adjudication or the basis for it, the error was harmless. We note that our holding today regarding the explanations required by section 54.03(b) of the Family Code is limited. The only issue before us is whether an appellate court should conduct a harm analysis when a trial court fails to explain the potential use of the record from a juvenile proceeding in a future criminal case. We are not called upon to decide, and do not decide, whether the failure to give one or more of the other explanations required by section 54.03(b) of the Family Code might be a “structural defect[] in the constitution of the trial mechanism, which deifies] —Eastland 1975, no writ) (<HOLDING>). 16 . See cases cited supra note 15. 17 . See Options: A. holding that failure to give explanation of allegations required reversal B. holding that explanations of allegations and possible consequences of the proceeding were mandatory and that failure to give these explanations was reversible error C. holding that fundamental error occurred and reversal was required when trial court failed to explain allegations or to explain adequately future use of adjudication record D. holding that failure to explain allegations and possible consequences mandated reversal E. holding that failure to explain allegations and possible consequences was fundamental error that required reversal even though the juvenile had not raised this in his brief

assistant: The best answer is D. holding that failure to explain allegations and possible consequences mandated reversal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All reasonable costs and expenses including reasonable attorneys’ fees (including the allocated costs of in-house counsel) and disbursements incurred by Agent on its behalf or on behalf of the Lenders or by GSO or any other GSO Entity (a) in all efforts made to enforce payment of any Obligation or effect collection of any Collateral or enforcement of this Agreement or any of the Other Documents, or (b) in connection with the entering into, modification, amendment and administration of this Agreement or any of the Other Documents or any consents or waivers hereunder or thereunder and all related agreements, documents and instruments, or (c) in instituting, maintaining, preserving, enforcing and foreclosing on Agent’s security interest in or Lien on any of the Collateral, or maintaining, preserving or enforcing any of Agent’s or any Lender’s rights hereunder or under any of the Other Documents and under all related agreements, documents and instruments, whether through judicial proceedings or otherwise, or (d) in defending or prosecuting any actions or proceedings arising out of or relating to Agent’s or any Lender’s transactions with any Credit Party, or any Guarantor or (e) in connection with any advice given to Agent or any Lender with respect to its rights and obligations under this Agreement or any of the Other Documents and all related agreements, documents and instruments, shall be reimbursed by the Borrower upon demand.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: review of the record and having considered the submissions and arguments of the parties; and for the reasons set forth in the Court’s accompanying Opinion of even date; IT IS ORDERED: THAT the Territorial Court’s Order dated February 22, 1993 is AFFIRMED, and the matter is REMANDED to the Territorial Court with instructions to conduct further proceedings consistent with this Court’s Opinion. 1 . At that time, the Trial Division of this Court had jurisdiction over such petitions to review the actions of Virgin Islands agencies. See infra note 2. 2 . See V.I. Code Ann tit. 4, § 76(a) (1994 Supp) (shifting original jurisdiction from the District Court to the Territorial Court in all civil actions); Dawson v. Government Employees Service Commission, VI BBS 92CI010.DT1 (D.V.I. May 19, 1994) (<HOLDING>). 3 . See Waialua Agricultural Co. v. Options: A. holding that removal to federal court was proper for claims asserted under all writs act B. holding that this court has authority in appropriate circumstances to issue writs under all writs act 28 usc 1651a C. holding that district court had jurisdiction to consider claims under the all writs act D. holding that district courts have power to issue writs of prohibition to administrative agencies to prevent them from exceeding their jurisdiction E. holding that the shift divested the district court of original jurisdiction pertaining to petitions for writs of review filed pursuant to vi code ann tit 5 1423

assistant: The best answer is E. holding that the shift divested the district court of original jurisdiction pertaining to petitions for writs of review filed pursuant to vi code ann tit 5 1423
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By accepting this award, Participant expressly warrants that he or she has received the Option under the Plan, and has received, read and understood a description of the Plan. Participant understands that the Plan is discretionary in nature and may be amended, suspended or terminated by the Company at any time.

assistant: Amendments