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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as otherwise agreed separately in writing between us , or as set forth in the api license addendum , you shall not make any commercial use of the services or the content or otherwise transfer for value the services or the content .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Loan Documents embody the entire agreement and understanding among the Borrower, the Administrative Agent, the LC Issuer and the Lenders and supersede all prior agreements and understandings among the Borrower, the Administrative Agent, the LC Issuer and the Lenders relating to the subject matter thereof other than those contained in the fee letter described in Section 10.13 which shall survive and remain in full force and effect during the term of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: expectations. A different result would encourage a mortgagee to commit arson, defendants say, in order to have the mortgage paid off early. But we need not speculate about motives for arson, since anyone who commits arson runs the risk of criminal prosecution and the loss of insurance coverage. One could argue that an owner would have a greater motive to commit arson if the insurance proceeds are given to him for use in rebuilding an old building rather than to the mortgagee in payment of the mortgage debt. It has long been the rule in New Jersey that the standard mortgagee clause “is an independent agreement between the insurer and the mortgagee.” 495 Corp. v. N.J. Ins. Underwriting Ass’n, 86 N.J. 159, 163 (1981). See also Reed v. Firemen’s Ins. Co., 81 N.J.L. 523, 526 (E. & A. 1910) (<HOLDING>); Luparelli v. United States Fire Ins. Co., 117 Options: A. holding in a dispute between first and second mortgagee regarding entitlement to insurance proceeds that because both mortgages required the mortgagor to maintain insurance on the property both mortgagees had a claim to the proceeds and that the first mortgagee was entitled to recover a portion of the proceeds to the extent of the insured amount with the second mortgagee to recover the remainder B. holding the assignment of the mortgage once the original grant by the mortgagor to the mortgagee has been perfected does not involve a transfer of the property of the debtor C. holding that the insurer was entitled to credit against the owners claim in the amount paid to the mortgagee D. holding that an insurers defenses against the mortgagor could not be asserted against the mortgagee E. holding that a mortgagor in possession is not a fiduciary of the mortgagee within the meaning of the bankruptcy act even though the mortgagor has obligated himself to keep the security intact

assistant: The best answer is D. holding that an insurers defenses against the mortgagor could not be asserted against the mortgagee
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Executive shall not be entitled to a fixed number of paid vacation, personal or sick days per year. As a salaried employee, the Company expects the Executive to use the Executive’s judgment to take time off from work for vacation or other personal time in a manner consistent with completing the Executive’s work in a timely fashion, providing excellent service to the Company’s customers and partners and avoiding inconveniencing the Executive’s co-workers.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the accuracy of the representations and warranties of each Investor set forth in Section 5 hereof, the execution, delivery and performance by the Company of the Transaction Documents and the offer, issuance and sale of the Closing Securities require no consent of, action by or in respect of, or filing with, any Person, governmental body, agency, or official other than filings that have been made pursuant to applicable state securities laws and post-sale filings pursuant to applicable state and federal securities laws and the rules and regulations of Nasdaq which the Company undertakes to file within the applicable time periods and other than the registration statement required to be filed by the Registration Rights Agreement. The Company has taken all action necessary to exempt (i) the issuance and sale of the Closing Securities and (ii) the other transactions contemplated by the Transaction Documents from the provisions of any stockholder rights plan or other “poison pill” arrangement, any anti-takeover, business combination or control share law or statute binding on the Company, including Section 203 of the General Corporation Law of the State of Delaware, or to which the Company or any of its assets and properties is subject that is or could reasonably be expected to become applicable to the Investors as a result of the transactions contemplated hereby, including without limitation, the issuance of the Closing Securities and the acquisition, ownership, disposition or voting of the Shares or the Warrant Shares by the Investors or the exercise of any right granted to the Investors pursuant to this Agreement or the other Transaction Documents.

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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 397 U.S. 319 90 S.Ct. 1110 25 L.Ed.2d 334 David G. CAIN et al.v.KENTUCKY. No. 347. Supreme Court of the United States March 23, 1970 Rehearing Denied May 4, 1970. See 397 U.S. 1081, 90 S.Ct. 1520. Edmund C. Grainger, Jr., and James E. Thornberry, for appellants. John B. Breckinridge, Atty. Gen. of Kentucky, and John B. Browning, Asst. Atty. Gen., for appellee. PER CURIAM. 1 The judgment is reversed. Redrup v. New York, 386 U.S. 767, 87 S.Ct. 1414, 18 L.Ed.2d 515. 2 Mr. Chief Justice BURGER, dissenting. 3 In my view we should not inflexibly deny to each of the States the power to adopt and enforce its own standards as to obscenity and pornographic materials; States ought to be free to deal with varying conditions and problems in this area. I am unwilling to say that Kentucky is without power to bar public showing of this film; therefore, I would affirm the judgment from which the appeal is taken. 4 Mr. Justice HARLAN, dissenting. 5 If this case involved obscenity regulation by the Federal Government, I would unhesitatingly reverse the conviction, for the reasons stated in my separate opinion in Roth v. United States, 354 U.S. 476, 496, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957). Even in light of the much greater flexibility that I have always thought should be accorded to the States in this field, see, e. g., my dissenting opinion in Jacobillis v. Ohio, 378 U.S. 184, 203, 84 S.Ct. 1676, 12 L.Ed.2d 793 (1964), suppression of this particular film presents a borderline question. However, laying aside my own personal estimate of the film, I cannot say that Kentucky has exceeded the constitutional speed limit in banning public showing of the film within its borders, and accordingly I vote to affirm the judgment below.

assistant: 3
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 proceeds of the Loans shall be available (and the Borrower agrees that it shall use such proceeds) solely to fund working capital needs and for general corporate purposes of the Borrower, including the financing of acquisitions (other than hostile acquisitions).

assistant: Use Of Proceeds
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: Every term and provision of this Agreement is intended to be severable. If any term or provision hereof is held to be illegal, invalid or unenforceable for any reason whatsoever, such term or provision will be enforced to the maximum extent permitted by law and, in any event, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of the remainder of this Agreement, provided , however , that the Parties shall negotiate in good faith to amend this Agreement to modify any such illegal, invalid or unenforceable provision in order to carry out the Parties’ intent and agreement as embodied herein to the maximum extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Conduct, and cause each of its Subsidiaries to conduct, all transactions otherwise permitted under this Note with any of their Affiliates on terms that are fair and reasonable and no less favorable to the Borrower or such Subsidiary than it would obtain in a comparable arm’s-length transaction with a Person who is not an Affiliate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: conspirators or participated in every stage of the conspiracy ....” Alred, 144 F.3d at 1415. Thus, the dispositive question is not whether Brown and Hall dealt with each other, but whether each of them participated in the overall conspiracy. We are persuaded that the evidence is sufficient to demonstrate to a rational trier of fact beyond a reasonable doubt that Hall and Brown were participants in a conspiracy that furthered a common scheme to supply large quantities of drugs in a haven to meet the demand of their customers. C Brown asserts that “there was insufficient evidence that [he] possessed, much , whereas Brown’s convictions began in 1991, only six years prior to the beginning of the conspiracy charged at trial. See United States v. Matthews, 431 F.3d 1296, 1312 (11th Cir.2005) (<HOLDING>); United States v. Lampley, 68 F.3d 1296, 1300 Options: A. holding that collateral crime that occurred twelve years prior to charged offense not too remote in time B. holding that prior drug convictions that were four ten and eleven years old were not so remote from the charged drug offenses as to render them inadmissible C. holding that a six year span between the prior offense and the charged conduct did not render the previous conviction too remote to be relevant to the defendants intent in the case then at bar D. holding that prior distribution and possession convictions that were eight and ten years before the charged conduct occurred were not too remote E. holding that eight years between prior convictions and the beginning of the charged conspiracy was not too remote

assistant: The best answer is E. holding that eight years between prior convictions and the beginning of the charged conspiracy was not too remote
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: unless both you and ebay agree otherwise , the arbitrator may not consolidate or join more than one person 's or party 's claims , and may not otherwise preside over any form of a consolidated , representative , class , or private attorney general action or proceeding .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You acknowledge and agree that, except as set forth herein, this Agreement supersedes any and all prior or contemporaneous oral and/or written agreements between you and the Company regarding your separation from the Company, and sets forth the entire agreement between you and the Company regarding this subject matter. No variations or modifications hereof shall be deemed valid unless reduced to writing and signed by you and the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Loan Agreement and the Other Agreements are submitted by Borrower to Agent and Lenders, for Agent’s and Lenders’ acceptance or rejection thereof, at Agent’s office in Chicago, Illinois, as an offer by Borrower to borrow monies from Agent and Lenders and shall not be binding upon Agent or Lenders or become effective until and unless accepted by Agent and Lenders, in writing, at said place of business. THIS LOAN AGREEMENT AND THE OTHER AGREEMENTS SHALL BE INTERPRETED, CONSTRUED AND GOVERNED BY AND UNDER THE LAWS OF THE STATE OF ILLINOIS AS TO INTERPRETATION, ENFORCEMENT, VALIDITY, CONSTRUCTION, EFFECT, AND IN ALL OTHER RESPECTS INCLUDING, BUT NOT LIMITED TO, THE LEGALITY OF THE INTEREST RATE AND OTHER CHARGES, BUT EXCLUDING ILLINOIS’ CHOICE OF LAW PROVISIONS.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: manslaughter. Wilson v. State, 871 So.2d 298, 301 (Fla. 1st Dist.Ct.App. 2004). Although Harris contends that his counsel should have correctly instructed him as to the voluntary-intoxication defense, these allegations are not enough to overcome the heavy burden of proof required to show ineffective assistance. See Chandler, 218 F.3d at 1314. Harris offers no explanation as to why his trial counsel should have pursued the voluntary-intoxication defense. The evidence presented at trial and at the suppression hearing demonstrated that Harris was not intoxicated or under the influence at the time he committed the offense. Therefore, any argument that counsel would have made regarding voluntary intoxication would have been inconsistent with the evidence. See, e.g., White, 972 F.2d at 1221 (<HOLDING>). Because Harris has not produced any evidence Options: A. holding that defense counsels failure to present voluntary intoxication as a defense in a capitalmurder prosecution was not beyond the range of reasonable professional judgment and thus did not amount to ineffective assistance in view of inconsistency of intoxication defense with deliberateness of the defendants actions during the shootings B. holding that a defendants insanity due to voluntary intoxication is not a defense C. holding that under florida precedent trial court erred in excluding expert testimony on intoxication as voluntary intoxication was a valid defense to a specific intent crime and expert testimony is relevant to a disputed voluntary intoxication defense D. holding that an attorney was ineffective for failing to pursue a voluntary intoxication defense because he did not understand the elements E. holding counsels strategic decision not to present a voluntary intoxication defense did not constitute ineffective assistance of counsel where counsel determined the murder was not committed while floyd was under the influence of cocaine

assistant: The best answer is A. holding that defense counsels failure to present voluntary intoxication as a defense in a capitalmurder prosecution was not beyond the range of reasonable professional judgment and thus did not amount to ineffective assistance in view of inconsistency of intoxication defense with deliberateness of the defendants actions during the shootings
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 Parent and Merger Sub has all necessary power and authority and legal capacity to execute, deliver and perform all of its obligations under this Agreement, and consummate the transactions contemplated hereby, and no other proceedings or actions on the part of Parent, Merger Sub or their respective board of directors or governing body or trustees, or their respective stockholders, members, partners (limited or otherwise) or other equity holders or beneficiaries, as applicable, are necessary to authorize the execution, delivery or performance of this Agreement or the consummation of the transactions contemplated hereby.

assistant: Authority
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: Supreme Court has held that even though the jurors have the right to determine the law, they do not have the right to disregard it. Walden v. State, 895 N.E.2d 1182, 1184 (Ind.2008). Carter argues the prosecutor's discussion regarding a difference of laws between states was inappropriate because there is little difference in state laws regarding theft and robbery. The State argues the prosecutor was ensuring the jury understood their role to follow the law, regardless of their personal feelings We agree with the State, and characterize the dialogue in question to be for the purpose of determining whether the juror would be able to follow the law, regardless of personal feelings. Such an inquiry does not put Carter's right to a fair trial in jeopardy. See Hopkins, 429 N.E.2d at 635 (<HOLDING>). Carter also alleges prosecutorial misconduct Options: A. holding that rule 606b precludes a party seeking a new trial from using one jurors affidavit of what another juror said in deliberations to demonstrate the other jurors dishonesty during voir dire B. holding questions meant to expose jurors bias and tendencies permitted during voir dire C. holding that defendants have a right to be present at voir dire D. holding that the jurors failure to remember particular facts inquired about on voir dire and the jurors misunderstanding of voir dire questions do not constitute probable prejudice E. holding that the extent to which parties may examine prospective jurors on voir dire lies within the trial judges discretion

assistant: The best answer is B. holding questions meant to expose jurors bias and tendencies permitted during voir dire
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, except to the extent that disclosure is required by applicable law or regulation, you agree to keep this Agreement confidential and not to disclose its contents to anyone except your attorney, your immediate family or your financial consultant, provided such persons agree in advance to keep such information confidential and not to disclose it to others. The Option will be forfeited if you violate the terms and conditions of this Section 4.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Holdings, Borrower and each Subsidiary has filed all material federal, state and local tax returns and other reports that it is required by law to file, and has paid, or made provision for the payment of, all material Taxes upon it, its income and its Properties that are due and payable, except to the extent being Properly Contested.

assistant: Taxes
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 not be deemed, either expressly or impliedly, to waive, amend or supplement any provision of the Note Purchase Agreement other than as set forth herein, the Note Purchase Agreement, as modified hereby, remains in full force and effect and is hereby reaffirmed, ratified and confirmed.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: meeting at which Getch purportedly told those present that his conviction had been reversed. See Affidavit of Anthony Getch, August 15, 1988 [hereinafter Getch Affidavit] ¶ 6. 6 . Sherrer Certification II, supra, ¶ 4; Rafferty Affidavit, supra, ¶ 4. 7 . Defendant’s Memorandum of Law, Exhibit H. 8 . Sherrer Certification II, supra, ¶¶ 4-6. Since the events herein, Rahway prison officials have adopted the practice of contacting the inmate’s own attorney rather than the prosecutor in cases such as this. Id. ¶ 7. 9 . Id. ¶ 7. 10 . Defendant's Memorandum of Law, Exhibit I. 11 . Id. Exhibit J. 12 . Id. Exhibit K. 13 . Id. Exhibit L, 14 . Id. Exhibit M; Rafferty Affidavit, supra, ¶¶8-9. 15 . Getch Affidavit, supra, ¶¶ 9-10. 16 . Cf. Maddox v. Thomas, 671 F.2d 949, 950 (5th Cir.1982) (<HOLDING>). 17 . See supra note 2. 18 .Nevertheless, the Options: A. holding that defendant has due process right to introduce evidence on minimum parole eligibility in sentencing phase B. holding that a convict awaiting sentencing has no such right arising from the due process clause C. holding that the due process clause confers a right to direct a childs education D. holding that the defendant bears the burden of proof and that such a disposition does not violate the due process clause E. holding that there is no due process right to appellate review

assistant: The best answer is B. holding that a convict awaiting sentencing has no such right arising from the due process clause
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: Schedule 3.21 sets forth a true, complete and correct description of all material insurance maintained by or on behalf of Holdings, the Borrower or the Subsidiaries as of the Closing Date. As of such date, such insurance is in full force and effect. Such insurance complies with the requirements of this Agreement and the other Loan Documents and the Borrower believes (in the good faith judgment of the management of Borrower) that the insurance maintained by or on behalf of Holdings, the Borrower and the Subsidiaries is in at least such amounts as is adequate, reasonable and prudent in light of the size and nature of its business.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: any machine gun. The term “firearm” does not include an antique firearm unless the antique firearm is used in the commission of a crime. A firearm is, by definition, a deadly weapon because it is designed to expel a projectile by the action of an explosive which is likely to cause death or great bodily injury. If the firearm is discharged or it is used to put the victim in fear to commit an aggravated assault or a robbery, it is a deadly weapon as a matter of law. This is true regardless of whether the firearm is loaded or capable of being fired. See Waldo v. State, 728 So.2d 280, 281 (Fla. 3d DCA 1999), quashed on other grounds, 759 So.2d 674 (Fla.2000) (noting that in Miller v. State, 613 So.2d 530, 531 (Fla. 3d DCA 1993), this Court upheld Miller’s conviction for aggravated ass 970) (<HOLDING>). The defendant argues, and the trial court Options: A. holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon B. holding in case in which defendant pleaded guilty to aggravated assault with a deadly weapon that same conduct could be used as element of offense and also serve as basis for deadly weapon finding C. holding that reckless conduct was lesserincluded offense of aggravated assault by threatening another with imminent bodily injury by use of deadly weapon because the danger of serious bodily injury in the lesser offense is necessarily established when a deadly weapon is used in the commission of an offense as required for the greater offense D. recognizing that deadly weapon finding may be made even when weapon used is unknown E. holding that separate sentences for aggravated assault with a deadly weapon and with intent to rob were barred

assistant: The best answer is A. holding that an unloaded gun used in the commission of an aggravated assault is a deadly weapon
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: Time is of the essence in each of the Loan Documents. Subject to the limitations on recourse set forth in the Note, the remedies of Mortgagee as provided herein or in any other Loan Document or at law or in equity shall be cumulative and concurrent, and may be pursued singly, successively, or together at the sole discretion of Mortgagee, and may be exercised as often as occasion therefor shall occur; and neither the failure to exercise any such right or remedy nor any acceptance by Mortgagee of payment of Indebtedness in default shall in any event be construed as a waiver or release of any right or remedy. Neither this instrument nor any other Loan Document may be modified or terminated orally but only by agreement or discharge in writing and signed by Mortgagor and Mortgagee. If any of the provisions of any Loan Document or the application thereof to any persons or circumstances shall to any extent be invalid or unenforceable, the remainder of such Loan Document and each of the other Loan Documents, and the application of such provision or provisions to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and every provision of each of the Loan Documents shall be valid and enforceable to the fullest extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Borrower to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished), taken as a whole, contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, projected financial information prepared by the Borrower or any of its Subsidiaries is only represented herein as being based on good faith estimates and assumptions believed by such persons to be reasonable at the time made, it being recognized by the Lenders that such projections as to future events are not to be viewed as facts and that actual results during the period or periods covered by any such projections may differ materially from the projected results.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The Carl Schurz, 5 F. Cas. 84, 86 (W.D.Tenn.1879) (No. 2414) (stating that the salvor “is, to all intents and purposes, a joint owner” of the property along with the original owner); The Amethyst, 1 F. Cas. at 763 (“The finder of property, left derelict at sea, does not acquire the dominion or the absolute property in what is found. He acquires the right of possession only, with a title to a reasonable reward for his services”). This principle, while firm in the salvage law, does not mean that a salvage case could not be converted into a finds case. See Platoro Ltd., 695 F.2d at 904 (noting that salvage awards can be made by award of title to the res under the law of finds); Treasure Salvors, Inc. v. Unidentified Wrecked & Abandoned Sailing Vessel, 569 F.2d 330, 336-37 (5th Cir.1978) (<HOLDING>). Under finds law, “title to abandoned property Options: A. recognizing that title to lost ships can be divested from the owner under the law of finds B. holding that under california law a constructive trust may be sought only by the equitable owner of the trust res not by a creditor of the equitable owner C. holding the fact that an exempt owner who acquired legal title after date when liability for current taxes had accrued was the equitable owner did not make the exemption applicable D. recognizing a cause of action by the owner of contaminated property against a previous owner who allegedly caused the contamination E. holding that the owner of an equitable interest in property in the form of a land contract can grant a mortgage on that interest under ohio law

assistant: The best answer is A. recognizing that title to lost ships can be divested from the owner under the law of finds
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: when you purchase a subscription or make any other paid feature related purchase via the services ( each , a `` transaction '' ) , you expressly authorize us ( or our third party payment processor , e.g. stripe ) to charge you for such transaction .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Agent, for its own account, or 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. With respect to any such payments owed to the Lenders, the Agent will 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. Any 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 Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, 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 case excerpt and choose the best holding from the options. Case excerpt: seizing authority in this case “has a direct pecuniary interest in the outcome of the proceeding.” James Daniel Good Real Prop., 510 U.S. at 55-56, 114 S.Ct. 492; see also Property Clerk v. Hyne, 147 Misc.2d 774, 780, 557 N.Y.S.2d 244, 248 (Sup.Ct.N.Y.Co.1990) (noting that § 14-140’s “remedial purposes” include the fact that “revenue is generated and applied toward the cost of law enforcement”), aff'd, 171 A.D.2d 506, 567 N.Y.S.2d 603 (1st Dep’t 1991). III. The Role of the Fourteenth Amendment in Civil Forfeiture The government’s seizure and retention of property under civil forfeiture statutes, in the absence of a meaningful hearing at a meaningful time, raise serious due process concerns under the Fourteenth Amendment. See James Daniel Good Real Prop., 510 U.S. at 62, 114 S.Ct. 492 (<HOLDING>); Fuentes, 407 U.S. at 80, 92 S.Ct. 1983 Options: A. holding that a predeprivation opportunity to be heard satisfies the due process clause B. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard C. holding that due process requires at a minimum an opportunity to be heard at a meaningful time and in a meaningful manner D. recognizing that the essential requisites of procedural due process are notice and meaningful opportunity to be heard E. holding that absent exigent circumstances the due process clause requires the government to afford notice and a meaningful opportunity to be heard before seizing real property subject to civil forfeiture

assistant: The best answer is E. holding that absent exigent circumstances the due process clause requires the government to afford notice and a meaningful opportunity to be heard before seizing real property subject to civil forfeiture
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: Unless stated otherwise (a) the singular number includes the plural and vice versa and words of any gender include each other gender, in each case, as appropriate, (b) headings and captions may not be construed in interpreting provisions, (c) this Amendment must be construed -- and its performance enforced ‑ under New York law, (d) if any part of this Amendment is for any reason found to be unenforceable, all other portions of it nevertheless remain enforceable, (e) this Amendment may be executed in any number of counterparts with the same effect as if all signatories had signed the same document, and all of those counterparts must be construed together to constitute the same document, and (f) delivery of an executed counterpart of a signature page to this Amendment by telecopier, electronic mail or other electronic delivery shall be effective as delivery of a manually executed counterpart of this Amendment.

assistant: Miscellaneous
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: renders a board capable of defending the corporation in court. Id. Further, boards are able to purchase liability insurance. See N.C. Gen. Stat. § 115C-42. This purchase would waive the Board’s immunity “but such immunity is waived only to the extent that said board of education is indemnified by insurance for such negligence or tort.” Id. Despite their classification as a body corporate, courts have held that boards are generally immune from punitive damages. See Barrett v. Bd. of Educ. of Johnston Cty., N.C., 13 F.Supp.3d 502, 515 (E.D.N.C.2014) (determining that “[n]o statutory exception permits an award against the Board ... so the Board is immune from punitive damages here”); J.W. v. Johnston Cty. Bd. of Educ., No. 5:11-CV707-D, 2012 WL 4425439, at *17 (E.D.N.C. Sept. 24, 2012) (<HOLDING>); N.C. Motorcoach Ass’n v. Guilford Cty. Bd. of Options: A. holding that the board cannot be liable for punitive damages citations omitted B. holding that absent explicit statutory authority a municipality cannot be held liable for punitive damages C. holding a court may not award punitive damages D. holding without discussion of the punitive damages issue that judgment for embezzlement which included actual and punitive damages was nondischargeable E. holding that punitive damages are not fines

assistant: The best answer is A. holding that the board cannot be liable for punitive damages citations omitted
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 questions concerning the construction, validity and interpretation of this Agreement and the exhibits hereto will be governed by and construed in accordance with the internal laws of the State of Ohio, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Ohio.

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: The Company shall (a) by 9:30 a.m. Eastern Time on the Trading Day immediately following the Date of Execution, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including a copy of this Note as an exhibit thereto, with the SEC within the time required by the 1934 Act. From and after the filing of such press release or Form-8-K, the Company represents to the Holder that it shall have publicly disclosed all material, non-public information delivered to the Holder by the Company, or any of its officers, directors, employees, or agents in connection with the transactions contemplated by this Note. The Company and the Holder shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor the Holder shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of the Holder, or without the prior consent of the Holder, with respect to any press release of the Company, none of which consents shall be unreasonably withheld, delayed, denied, or conditioned except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Holder, or include the name of the Holder in any filing with the SEC or any regulatory agency or Principal Market, without the prior written consent of the Holder, except to the extent such disclosure is required by law or Principal Market regulations, in which case the Company shall provide the Holder with prior notice of such disclosure permitted hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate on the third anniversary of the effective date hereof unless either (1) a Change of Control occurs on or before such third anniversary or (2) the Committee determines to extend this Agreement for an additional three-year term or such shorter period as it determines to be appropriate. Notwithstanding the foregoing, if at the time when this Agreement would otherwise terminate, a third party has taken steps reasonably calculated to effect a Change of Control or a Change of Control is otherwise under consideration, then this Agreement shall automatically continue in effect until (A) a Change of Control occurs, in which event this Agreement shall thereafter remain in effect in accordance with its terms, or (B) the Board makes a good faith determination that in its opinion, the efforts by the third party or the Corporation to effect a Change of Control have been abandoned, at which time the Agreement shall terminate unless it is extended pursuant to clause (2) of the preceding sentence.

assistant: Terminations
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: discharge. Ill The trial court determined by summary judgment that even if MacDougall were an employee, he did not demonstrate that he was wrongfully discharged. The Appellate Division sustained that determination. If on the retrial of this matter, the trial court determines that the working relationship was one of employment, then it must consider whether plaintiff was "wrongfully discharged. That issue, we note, has been fully briefed and argued on the appeal before us. Accordingly, we deem it appropriate to explain the standards that should inform and guide the trial court in the event it reaches the issue of wrongful discharge. A In Pierce, we recognized that “an employee has a cause of action for wrongful discharge when the discharge is c 157-59, 443 A.2d 728 (App.Div. 1982) (<HOLDING>); O’Sullivan v. Mallon, 160 N.J.Super. 416, Options: A. holding that discharge of employee for having distributed expired drugs at employers direction did not violate clear mandate of public policy because the discharge implicated only the private interests of the parties B. holding that federal law can provide source of state public policy for determining whether discharge of employee violated clear mandate of public policy C. holding that discharge of employee to avoid paying commissions on future transactions did not violate clear mandate of public policy D. holding that accountant terminated for refusing to violate professional codes stated cognizable claim for wrongful discharge E. holding that discharge of pharmacist for refusing to violate state administrative regulation requiring pharmacist to be present at all times pharmacy operates for business and for reporting his employers intended violation pursuant to statutory provision and his professional code of ethics would violate clear mandate of public policy

assistant: The best answer is E. holding that discharge of pharmacist for refusing to violate state administrative regulation requiring pharmacist to be present at all times pharmacy operates for business and for reporting his employers intended violation pursuant to statutory provision and his professional code of ethics would violate clear mandate of public policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in his care and treatment of Mr. Chesser, didn’t you? A. In my deposition, yes. Q. And you rendered opinions that that care and treatment was a proximate case [sic] of his injury, didn’t you? A. That was one of the — one of the factors, yes. Q. Okay. So you’re — you’ve been a — an expert against — with respect to the care and treatment of Dr. Adedokyn. You also rendered opinions that Dr. Ferree was negligent in his care and treatment of Mr. Chesser at LifeCare, didn’t you? A. During the treatment at LifeCare, yes. Q. And you rendered the opinion that care and treatment was a proximate cause of his injury, didn’t you? A. Yes. Case law uniformly holds that such conelusory testimony constitutes “no evidence.” See, e.g., Wal-Mart Stores, Inc. v. Merrell, 313 S.W.3d 837, 839 (Tex.2010) (<HOLDING>); City of San Antonio v. Pollock, 284 S.W.3d Options: A. holding evidence legally insufficient to support causation because patels opinions were conelusory and provided no evidence B. holding evidence insufficient to support finding of implied contract C. holding evidence legally insufficient D. holding evidence legally insufficient to support causation because dr beyler may be qualified in fire research but his testimony in this case lacks objective evidencebased support for its conclusions E. holding evidence was legally insufficient to support conviction for violation of sex offender registration requirement

assistant: The best answer is D. holding evidence legally insufficient to support causation because dr beyler may be qualified in fire research but his testimony in this case lacks objective evidencebased support for its conclusions
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: Assignor hereby expressly sells, transfers, assigns and conveys to Assignee any and all of the rights, responsibilities and obligations of Declarant under the Declaration including, without limitation, the power and authority to perform all acts of Declarant under the Declaration.

assistant: Assignments