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: 16, 2003, and that this was more than ninety days prior to the date on which IBP received notice. IBP received notice of a potential claim by letter on April 13, 2004. The ninety-day notice period does not begin until Burress became aware of the compensable nature of his injury. See Orr, 298 N.W.2d at 257-58. The agency applied the discovery rule and held the ninety-day notice requirement did not begin to run until December 8, 2004, the date on which Dr. Nauseef wrote a letter asserting the causal link between brucellosis and IBP. This determination is not supported by substantial evidence because Burress was aware of the potential connection earlier, as indicated by the April 13, 2004 letter from Burress’ attorney alerting IBP to the potential claim. See Ranney, 582 N.W.2d at 156-57 (<HOLDING>). The record suggests Burress did not become Options: A. holding the twoyear statute of limitations under iowa code section 8526 does not begin to run until the employee discovers or should discover in the exercise of diligence the nature seriousness and probable compensable character of the injury or disease B. holding the time period for filling a claim does not begin to run until the claimant judged by the standard of a reasonable person recognizes the nature seriousness and probable compensable character of his injury C. holding that a notice of claim period did not begin to run until discovery of the injury D. holding that the employees thirdparty tort claim stemming from the employees occupational disease does not accrue and the statute of limitations does not begin to run until the occupational disease begins to manifest itself E. holding the discovery rule does not require an expert opinion of causation but instead limitations begin to run when the employee discovers the nature seriousness and probable compensable character of the injury or disease

assistant: The best answer is E. holding the discovery rule does not require an expert opinion of causation but instead limitations begin to run when the employee discovers the nature seriousness and probable compensable character of the injury or disease
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 Credit Parties and their Restricted Subsidiaries maintain insurance coverage by such insurers and in such forms and amounts and against such risks as are usually insured against in the same general area by similarly situated companies of similar size and engaged in the same or a similar business and operating in the same or similar locations and in each case in compliance with the terms of Section 6.03 . Schedule 5.17 sets forth a complete list of all insurance maintained by the Credit Parties on the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Release may not be signed by the Executive prior to the date of Executive’s termination of employment. This Release may be executed in multiple counterparts (including by facsimile signature), each of which will be deemed to be an original, but all of which together will constitute but one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 625 So.2d 463, 470 (Fla.1993). A violation of the dilution statute may be based on either (1) a likelihood of injury to the business reputation or (2) a dilution of the distinctive quality of the trade name of the prior user. Id.; Tortoise Island Homeowners Ass’n v. Tortoise Island Realty, Inc., 790 So.2d 525 (Fla. 5th DCA 2001). Regarding the first prong, injury to business reputation may be established if the second user of the trade name is not financially sound and its lack of financial reliability is then attributed to the first user, or it may be established by tarnishment of the business reputation. Glen Raven Mills, Inc. v. Ramada Int'l, Inc., 852 F.Supp. 1544, 1556 (M.D.Fla.1994); see also Blanding Auto. Ctrs., Inc. v. Blanding Auto., Inc., 568 So.2d 490 (Fla. 1st DCA 1990) (<HOLDING>). In addressing the second prong, the dilution Options: A. holding that injury to business or property was not limited to commercial interests B. holding that evidence that appellee received complaints intended for appellant showed actual injury to business reputation C. holding that documents that were not created by but that were received maintained and relied upon by a business are business records under 8036 D. recognizing that a defendants good reputation for truth and veracity may be introduced when he was impeached by evidence of bad reputation for truth and veracity E. holding that inmates must demonstrate an actual injury

assistant: The best answer is B. holding that evidence that appellee received complaints intended for appellant showed actual injury to business reputation
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: GDHI took simultaneous title to both the Boat and its storage location— i.e., the Real Property. The parties therefore simply implied that delivery could occur at the same time as the execution of the Dation. Any additional physical delivery of the Boat was not necessary, and the Court concludes that Sharp conveyed the Boat to GDHI when it executed the Dation (on January 5, 2012). As a result, GDHI had no notice of the voidability of the transfer until after the conveyance of the Boat. Moreover, in the Final Order, the Texas Court never restrained Sharp from alienating the Boat; in fact, the TRO, the Temporary Injunction, and the Final Order never mention the Boat. Cf. Reliant Hosp. Partners, LLC v. Cornerstone Healthcare Group Holdings, Inc., 374 S.W.3d 488, 502 (Tex.App.2012) (<HOLDING>). Rather, these orders specifically describe Options: A. holding carson inapplicable where an order had the practical effect of granting an injunction B. holding in part that the trial court abused its discretion in granting a temporary injunction in the absence of a showing that the plaintiff did not have an adequate remedy at law C. holding that trial court did not abuse its discretion by granting such a temporary injunction D. holding that general release must name or specifically describe parties to be discharged E. holding that under texr civ p 683 ejvery order granting an injunction must be specific in its terms and describe in reasonable detail the act or acts to be restrained

assistant: The best answer is E. holding that under texr civ p 683 ejvery order granting an injunction must be specific in its terms and describe in reasonable detail the act or acts to be restrained
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 is effective as of the date first above written and shall continue in effect with respect to each Shared Contract (Spinco Companies) until the earlier to occur of (a) the expiration or termination, as the case may be, of such Shared Contract (Spinco Companies), and (b) the award to Parent or any of its Subsidiaries of a substitute or successor contract vehicle to such Shared Contract (Spinco Companies); provided , however , that the provisions of this Section 4 (Term) and Sections 5 (Use of Intellectual Property), 6 (Proprietary Information), 10 (Construction), 11 (Entire Agreement), 12 (Governing Law), 16 (Third Party Beneficiaries) and 18 (Dispute Resolution), as well as the terms and conditions described in this Agreement, the Cost Principles and the Standard Terms and Conditions that are applicable to Orders that by their terms survive the termination of the applicable Shared Contract (Spinco Companies), shall survive any such expiration.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As a condition to Executive’s receipt of any amounts set forth in Section 3(a) or Section 3(b) above, Executive shall execute and not revoke a general release of all claims in favor of the Company (the “ Release ”) in the form substantially similar to the form attached hereto as Exhibit A (and any statutorily prescribed revocation period applicable to such Release shall have expired) within the sixty (60) day period following the date of Executive’s Qualifying Termination.

assistant: Releases
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, which shall inure to the benefit of and shall be binding upon the respective successors and permitted assigns of each Borrower, Agent and each Lender, shall become effective on the date hereof and shall continue in full force and effect until May 10, 2022 (the “ Term ”) unless sooner terminated as herein provided.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrower shall make each payment hereunder, irrespective of any right of counterclaim or set-off, not later than 1:00 P.M. (New York City time) on the day when due in Dollars to the Agent at the applicable Agent’s Account in same day funds. The Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest, fees or commissions ratably (other than amounts payable pursuant to Section 2.04 , 2.11 , 2.14 or 9.04 ) to the applicable Lenders for the account of their respective Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Lender to such Lender for the account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement. Upon its acceptance of an Assignment and Assumption and recording of the information contained therein in the Register pursuant to Section 9.07(c) , from and after the effective date specified in such Assignment and Assumption, the Agent shall make all payments hereunder and under the Notes in respect of the interest assigned thereby to the Lender assignee thereunder, and the parties to such Assignment and Assumption shall make all appropriate adjustments in such payments for periods prior to such effective date directly between themselves.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: b]ut to use that leverage to project those royalty payments beyond the life of the patent is analogous to an effort to enlarge the monopoly of the patent.” 379 U.S. at 33, 85 S.Ct. 176 (emphasis added). But as both Congress and the Court have come to recognize, it may not be possible to exercise any leverage at all from a patent, if that patent does not confer any market power upon its owner. See Ill. Tool Works Inc. v. Independent Ink, Inc., 547 U.S. 28, 42, 126 S.Ct. 1281, 164 L.Ed.2d 26 (2006) (noting that Congress did not intend the mere existence of a patent to constitute the requisite “market power” for purposes of patent misuse and coming to the same conclusion for antitrust purposes); see also Aronson v. Quick Point Pencil Co., 440 U.S. 257, 99 S.Ct. 1096, 59 L.Ed.2d 296 (1979) (<HOLDING>). The Federal Circuit’s decision in Windsurfing Options: A. holding that it was not against public policy to enforce an agreement providing for deferred royalties on an invention whether or not a patent was ultimately granted B. holding in a patent infringement case that plaintiff lacked standing where it held a conditional right to license a patent and enforce license agreements but did not have the right to transfer the patent C. holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b D. recognizing a public policy against discrimination but not providing for an independent cause of action E. holding patent policy incorporated by reference into patent agreement

assistant: The best answer is A. holding that it was not against public policy to enforce an agreement providing for deferred royalties on an invention whether or not a patent was ultimately granted
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 this Agreement nor any of the rights, interests or obligations under this Agreement may be assigned by any Party without the prior written consent of the other Parties; provided , however , that each Buyer Party may assign this Agreement and any or all rights or obligations hereunder (including Buyer Parties' rights to seek indemnification hereunder) to any Affiliate or Affiliates of a Buyer Party or any Person or Persons to which a Buyer Party or any of its Affiliates sells, transfers, assigns or delegates all or any portion of the Acquired Assets, Assumed Liabilities or Business. Upon any such permitted assignment, the references in this Agreement to the assignor Buyer Party shall also apply to any such assignees unless the context otherwise requires. The Parties may, prior to the Closing, assign or exchange their respective rights (but not their respective obligations) under this Agreement to a Qualified Intermediary, as provided in Treasury Regulation 1.1031(k) – 1(g), provided that Seller Parties will bear and remain liable and responsible for any such assignment or exchange, including all costs, fees and charges associated therewith.

assistant: Assignments
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 an Optional Default occurs and for so long as such Optional Default is continuing, Lender may declare this Note to be immediately due and payable and Lender may pursue its remedies against Borrower and the personal and real property of Borrower that secure Borrower’s Secured Obligations. If an Automatic Default occurs, this Note shall be immediately due and payable without presentment, demand, protest or notice of any kind and Lender may pursue its remedies against Borrower and the personal and real property of Borrower that secure Borrower’s Secured Obligations. If this Note becomes due and payable on any date prior to the Maturity Date (such date an “ Acceleration Date ”), Borrower hereby agrees to pay to Lender on the Acceleration Date, including, without limitation, accrued and unpaid interest which would be due and payable on the Payment Date immediately following the Acceleration Date if the Note were prepaid in full on such Payment Date, together with all accrued and unpaid Late Payment Charges. Borrower agrees that upon the occurrence and continuance of a Default, Borrower will pay all reasonable costs and expenses of collection and enforcement of the remedies provided hereunder and the other Loan Documents (including, without limitation, statutory costs, attorneys’ fees and disbursements, whether or not a suit and/or foreclosure is commenced, and the cost of title evidence), which amounts (and all other amounts which are due and payable by Borrower) shall be added to the outstanding balance of the Principal Amount of this Note and will bear interest at the Default Rate.

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 legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights as described in the SEC Reports as necessary or required for use in connection with their respective businesses and which the failure to so have could have reasonably expected to have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will not, nor will it permit any Subsidiary to, enter into any Sale and Leaseback Transaction, other than Sale and Leaseback Transactions in respect of which the net cash proceeds received in connection therewith does not exceed $25,000,000 in the aggregate during the term of this Agreement, determined on a consolidated basis for the Borrower and its Subsidiaries.

assistant: Sales
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: Tenth Circuit reasoned: [T]he officers’ actions were effectively a command to open the door. The record demonstrates that three officers .pounded on Reeves’ door and window while .yelling and loudly identifying themselves as police officers. They continued this conduct consistently for at least twenty minutes. This encounter began between 2:30 and 3:00 in the morning, a time which must be taken into consideration when analyzing the coerciveness of the encounter. United States v. Reeves, 524 F.3d at 1168-69. The Court-, in Smith v. Kenny, 678 F.Supp.2d 1124 (D.N.M.2009) (Browning, J.), held that citizens could'be seized when an officér issues a command/ via cellular telephone, to someone to leave his or her home, and to surrender to officers waiting outside. See 678 F.Supp.2d at 1173 (<HOLDING>). The Court determined that the late hour in Options: A. holding that factual disputes regarding circumstances of traffic stop were pertinent to deciding legal issues in motion to suppress and thus hearing was necessary B. holding that discovery does not occur until the insured discovers facts showing that dis honest acts occurred and appreciates the significance of those facts C. holding that a seizure was unlawful because certain facts had dispelled the officers reasonable suspicion D. holding that a seizure could occur under these facts but hot deciding whether a seizure occurred because of factual disputes E. holding that this court has jurisdiction to review the legal issues concerning whether the factual disputes a are genuine and b concern material facts

assistant: The best answer is D. holding that a seizure could occur under these facts but hot deciding whether a seizure occurred because of factual disputes
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: 448 U.S. 1, 100 S.Ct. 2502, 65 L.Ed.2d 555 (1980). In order to have a viable cause of action under § 1983 based on the violation of a federal statute, however, a plaintiff must establish that the statute allegedly violated gives the plaintiff enforceable rights. Gonzaga Univ. v. Doe, 536 U.S. 273, 283, 122 S.Ct. 2268, 2275, 153 L.Ed.2d 309 (2002) (rejecting the notion that case law permits “anything short of an unambiguously conferred right to support a cause of action ' brought under § 1983”). We emphasize, as did the Court in Gonzaga, that in cases brought to enforce legislation enacted pursuant to Congress’ spending power, such as the Adoption Act, Congress must “speak with a clear voice” and manifest an “unambiguous” intent to co 479 U.S. 418, 107 S.Ct. 766, 93 L.Ed.2d 781 (1987) (<HOLDING>). The Supreme Court has set forth three Options: A. recognizing provisions of the fair housing act that forbid false statements that housing is unavailable to a person because of his race B. holding that in a 1983 action issue of probable cause is for the jury C. holding that the brooke amendment to the housing act provided a cause of action under 1983 D. holding that administrative scheme in brooke amendment to housing act does not provide exclusive remedy precluding claim under 42 usc 1983 because court was unconvinced that defendant has overcome its burden of showing that the remedial devices provided in the housing act are sufficiently comprehensive to demonstrate congressional intent to preclude the remedy of suits under 1983 quoting middlesex county sewerage auth v national sea clammers assn 453 us 1 20 101 sct 2615 2626 69 led2d 435 1981 E. recognizing the cause of action

assistant: The best answer is C. holding that the brooke amendment to the housing act provided a cause of action under 1983
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: as it found the construction mortgage to have priority over appellant’s mechanic’s lien. REVERSED in part, AFFIRMED in part, and REMANDED. SHIVERS and BARFIELD, JJ., concur. 1 . Adamson filed various counterclaims and cross-claims including a cross-claim seeking foreclosure of its mechanic’s lien. The trial court severed such claims from First Federal’s complaint seeking foreclosure of its two mortgages and, consequently, the judgment of foreclosure which is the subject of this appeal does not purport to adjudicate Adamson’s lien foreclosure claim. 2 . We are not dealing with a case in which the contractor seeks to assert his mechanic’s lien against a lessor of a lessee who has contracted with the lienor. Compare Budget Electric Company v. Strauss, 417 So.2d 1143 (Fla. 5th DCA 1982) (<HOLDING>); see also Section 713.10, Florida Statutes Options: A. holding that a lienor under a contract with a lessee is entitled to a lien against the lessors interest only where the lease expressly or impliedly requires the lessee to make improvements to the leased property B. holding that the appellant contractor failed to prove the existence of a lease provision requiring the lessee to make the improvements at issue which could have the effect of subjecting the lessors property to a lien C. holding that the lessors interest in the leased property was subject to liens because it was perfectly obvious that the parties knew that the improvements at issue were the pith of the lease and that except for them the lease would not have been executed and because the improvements were essential to the purpose of the lease D. holding that the mere fact that the parties to a lease may contemplate that the lessee will make improvements to the property is insufficient to subject the lessors interests to mechanics liens and that the lease must instead expressly or impliedly require the requirements to be made E. holding that a lessors interest can only be subject to liens arising from improvements performed on the leased property if the lease required the improvements or if under judicial interpretation the improvements were the pith of the lease

assistant: The best answer is A. holding that a lienor under a contract with a lessee is entitled to a lien against the lessors interest only where the lease expressly or impliedly requires the lessee to make improvements to the leased property
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: or evidenced in the contract. Tawes, 340 S.W.3d at 425; MCI Telecomms., 995 S.W.2d at 651. “[T]he fact that a person is directly affected by the parties’ conduct, or that he ‘may have a substantial interest’ in a contract’s enforcement, does not make him a third[-] party beneficiary.” Loyd v. ECO Res., Inc., 956 S.W.2d 110, 134 (Tex.App.-Houston [14th Dist.] 1997, no pet.), abrogated on other grounds by Clear Lake City Water Auth. v. Friendswood Dev. Co., 256 S.W.3d 735 (Tex.App.-Houston [14th Dist.] 2008, pet. dism’d). The third-party beneficiary need not be specifically named in the contract but must be otherwise sufficiently described or designated. Knox v. Ball, 144 Tex. 402, 413, 191 S.W.2d 17, 23 (Tex.1945). To qualify as a third-party beneficiary, the party must show (Tex.2001) (<HOLDING>). Appellants nonetheless claim that they are Options: A. holding that the thirdparty beneficiary theory did not apply B. holding that the governments cooperation with a thirdparty is not sufficient to establish a thirdparty beneficiary relationship C. recognizing common law cause of action as thirdparty beneficiary D. holding decrees failure to identify attorney by name was insufficient to confer thirdparty beneficiary status on him concerning decrees allocation of the payment of his fees E. holding decrees identification of person by name was sufficiently specific for purposes of thirdparty beneficiary status

assistant: The best answer is D. holding decrees failure to identify attorney by name was insufficient to confer thirdparty beneficiary status on him concerning decrees allocation of the payment of his fees
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 Borrower nor any Restricted Subsidiary is in default under or with respect to any Contractual Obligation that would, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, and no Default has occurred and is continuing or would result from the consummation of the transactions contemplated by this Agreement or any other Loan Document.

assistant: No Defaults
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: 133 S.Ct. at 2082. We remand for resentencing so as not to pretermit the trial judge’s role in exercising the full discretion the law provides. B. The three other Olano factors also support vacatur and remand for resentencing here: The ex post facto violation was plain, it affected Head’s substantial rights, and it impaired the integrity of the sentencing proceeding. 507 U.S. at 732, 113 S.Ct. 1770. The district court’s error was “plain.” Olano, 507 U.S. at 734, 113 S.Ct. 1770. In this circuit, one circumstance in which an error may be plain is “if, at the time it was made, a clear precedent in the Supreme Court or this circuit established its erroneous character.” United States v. Terrell, 696 F.3d 1257, 1260 (D.C.Cir.2012); see In re Sealed Case, 573 F.3d 844, 851 (D.C.Cir.2009) (<HOLDING>). In January 2012, when the district court Options: A. holding that an error can be plain even in the absence of binding case law where it violates an absolutely clear legal norm B. holding that an error is plain only if it is clear under current law when there is no binding precedent on point an instruction typically will not be plain error C. holding that an error is plain if it is clear or obvious D. holding that a trial court does not commit plain error unless the error is clear under current law E. holding that an error cannot be plain unless it is clear under current law quotation omitted

assistant: The best answer is A. holding that an error can be plain even in the absence of binding case law where it violates an absolutely clear legal norm
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: events concerns Gerry Bellflower. The Government contends that because McCray was huddled with Bellflower, an alleged loiterer and suspected narcotics dealer, it was reasonable to conclude that he was engaged in a drug transaction. As an initial matter, the Government has failed to establish that McCray and Wallace were actually conversing with Bellflower at all that evening. The officers claim they saw Bellflower, a suspicious character, crossing the street, so they went around the block and then saw him talking to Wallace and McCray. As the officers’ testimony indicated, the lighting was very dim that evening. In addition, there is a discrepancy in Officers Prado’s and Muniz’s testimony as to what was going on between Bellflower, Wallace, and McCray. The officers weren’t s Cir.1989) (<HOLDING>); United States v. Anderson, 754 F.Supp. 442, Options: A. holding that information of criminal activity given by a known reliable informant is enough to sustain a terry stop B. holding that reasonable suspicion justified a terry stop of the defendant when she was walking and talking with known drug dealers who were known to be at the scene to buy and sell cocaine C. holding that an unverified tip from a known informant was sufficiently reliable to justify a terry stop and frisk D. holding that a group of men standing with known drug traffickers who fled when officers approached established reasonable suspicion E. holding that tip from known reliable informant that was immediately verifiable at the scene could form basis for reasonable suspicion and forcible terry stop

assistant: The best answer is B. holding that reasonable suspicion justified a terry stop of the defendant when she was walking and talking with known drug dealers who were known to be at the scene to buy and sell cocaine
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: incurred in exchange for such assets and liabilities; 2. Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets; 3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; and 4.Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities. § 61.076(6)(b), Fla. Stat. (2000). While the Legislature did not expressly provide for the treatment of stock options in sections 61.075(5)(a)-(b), Florida Statutes, Flori 1043, 75 Ill.Dec. 581, 457 N.E.2d 1023, 1027 (1983) (<HOLDING>); Hall v. Hall, 88 N.C.App. 297, 363 S.E.2d Options: A. holding that unexercised stock options obtained during the marriage are marital property just like traded options or traded common stock B. holding that unvested stock options are a form of compensation and constituted marital property that could be distributed through use of a constructive trust C. holding that the trial court properly determined that unvested stock options have marital aspect D. holding that unexercised stock options were not marital property E. holding that the trial court did not abuse its discretion in allocating the husbands unvested stock options as marital property

assistant: The best answer is D. holding that unexercised stock options were not marital property
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 has the discretion to deviate from the child support guidelines under the appropriate circumstances. See Graby v. Graby, 87 N.Y.2d 605, 611, 641 N.Y.S.2d 577, 580, 664 N.E.2d 488, 491 (1996) (“Social Security benefits paid to petitioner’s dependents on the basis of his disability are ‘financial resources’ of the children that should be considered by the court after the basic support obligation is calculated and only then pursuant to a[n] ... ‘unjust or inappropriate’ determination.”); Stultz v. Stultz, 659 N.E.2d 125 (Ind.1995) (noting trial court has discretion to determine whether to credit social security disability dependency payments received by the child toward a noncustodial parent’s child support obligation); In re Marriage of Lawhorn, 119 Or.App. 225, 850 P.2d 1126 (1993) (<HOLDING>). See also Griffin v. Avery, 120 N.H. 783, 424 Options: A. recognizing impact of child support guidelines B. holding that it was error for the trial court to determine the issue of child support without a child support guidelines worksheet C. holding that use of social security benefits satisfied child support obligation D. holding noncustodial parent not entitled to an automatic credit and court could order child support in addition to social security disability dependency benefits E. holding trial court may consider social security disability dependency benefits received by the child and may deviate from the application of the child support guidelines if application of the guidelines is unjust or inappropriate

assistant: The best answer is E. holding trial court may consider social security disability dependency benefits received by the child and may deviate from the application of the child support guidelines if application of the guidelines is unjust or inappropriate
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 free and clear of and 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 Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative 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. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. Except as is otherwise specifically provided for in clause (i) of the definition of “Interest Period” herein, 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, 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge and agree that the owners of the content and certain distributors ( such as app store providers ) are intended beneficiaries of the agreements and have the right to enforce the agreements directly against you .

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 DCP shall be administered, construed and governed in all respects under and by the laws of Delaware, without reference to the principles of conflicts of law (except and to the extent preempted by applicable Federal law).

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: To their knowledge, the Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or required for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Intellectual Property
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: ” Id. at 287, 122 S.Ct. 2268 (quoting Blessing, 520 U.S. at 343, 117 S.Ct. 1353). “Once a plaintiff demonstrates that a statute confers an individual right, the right is presumptively enforceable by § 1983.” Id. at 284, 122 S.Ct. 2268. The defendant may defeat this presumption by demonstrating “that Congress shut the door to private enforcement either expressly, through specific evidence from the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual enforcement under § 1983.” Id. at 284 n. 4, 122 S.Ct. 2268 (internal quotation marks and citations omitted); see also Wilder, 496 U.S. at 520-21, 110 S.Ct. 2510; Middlesex Cnty. Sewerage Auth. v. Nat’l Sea Clammers Ass’n, 453 U.S. 1, 20, 101 S.Ct. 2615, 69 L.Ed.2d 435 (1981) (<HOLDING>). Applying these principles here, we agree with Options: A. holding that administrative scheme in brooke amendment to housing act does not provide exclusive remedy precluding claim under 42 usc 1983 because court was unconvinced that defendant has overcome its burden of showing that the remedial devices provided in the housing act are sufficiently comprehensive to demonstrate congressional intent to preclude the remedy of suits under 1983 quoting middlesex county sewerage auth v national sea clammers assn 453 us 1 20 101 sct 2615 2626 69 led2d 435 1981 B. holding that 1983 does not provide a remedy if there is no violation of federal law C. holding that there is no enforceable private right where the statute itself creates a remedial scheme that is sufficiently comprehensive to demonstrate congressional intent to preclude the remedy of suits under 1983 D. holding that erisa creates no private right of action E. holding that where congressional intent is clear a court must give effect to such intent

assistant: The best answer is C. holding that there is no enforceable private right where the statute itself creates a remedial scheme that is sufficiently comprehensive to demonstrate congressional intent to preclude the remedy of suits under 1983
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 provision of this Waiver that is prohibited or unenforceable in any jurisdiction shall, as to such provision and such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of this Waiver or affecting the validity or enforceability of such provision in any other jurisdiction.

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: only items that “bear[ ] such a likeness or resemblance to any of the genuine obligations or securities issued under the authority of the United States as is calculated to deceive an honest, sensible and unsuspecting person of ordinary observation and care when dealing with a person supposed to be upright and honest.” United States v. Lustig, 159 F.2d 798, 802 (3d Cir.) (upholding conviction under 18 U.S.C. § 264 for possession of one-sided copies of bills and various counterfeiting equipment), cert. denied, 331 U.S. 853, 67 S.Ct. 1737, 91 L.Ed. 1861 (1947), order vacated on reh’g and cert. granted, 333 U.S. 835, 68 S.Ct. 601, 9 L.Ed. 1119 (1948), rev’d on other grounds, 338 U.S. 74, 69 S.Ct. 1372, 93 L.Ed. 1819 (1949). See also United States v. Smith, 318 F.2d 94 (4th Cir.1963) (<HOLDING>). Courts have traditionally applied this Options: A. holding that trial court erred as a matter of law by enforcing contract for purchase of real property that had terminated by its own terms B. holding that onesided bogus bills with indistinct reverse duplicates of real bills were not counterfeit as a matter of law C. holding that it may be decided as a matter of law D. holding no justifiable reliance as a matter of law E. holding that the defendant did not establish good faith as a matter of law

assistant: The best answer is B. holding that onesided bogus bills with indistinct reverse duplicates of real bills were not counterfeit as a matter of law
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 covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that any Agent, any Issuing Lender or any Lender may have had notice or knowledge of any Event of Default or incorrect representation or warranty at the time any credit is extended hereunder. The provisions of Sections 2.14, 2.15, 2.16 and 10.04 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments, or the termination of this Agreement or any provision hereof.

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 legal provision and list the applicable contract clause categories. Provision: Restricted Stock Units shall vest in such manner, on such date or dates, or upon the achievement of performance or other conditions, in each case as may be determined by the Committee and set forth in an RSU Agreement; provided, however, that notwithstanding any such vesting dates, the Committee may in its sole discretion accelerate the vesting of any Restricted Stock Unit at any time and for any reason. Unless otherwise specifically determined by the Committee or in the applicable Award Agreement or Participant Agreement, the vesting of a Restricted Stock Unit shall occur only while the Participant is employed by or rendering services to the Service Recipient, and all vesting shall cease upon a Participant’s Termination for any reason.

assistant: Vesting
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 Separation Agreement between you and the Company will be in consideration of the mutual promises described above. Also, this Agreement will constitute the entire agreement between you and the Company with respect to your separation from employment. There are no other agreements, written or oral, expressed or implied, between the parties hereto, concerning the subject matter hereof, except the agreements set forth in this Separation 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 legal provision and list the applicable contract clause categories. Provision: Employee shall be paid at a rate which, on an annualized basis, equals two hundred thousand dollars ($200,000) per year, as adjusted pursuant to this Section 4.1 (“ Base Salary ”). The Base Salary shall be subject to normal payroll withholding amounts and RBT’s standard payroll practices. For each Contract Year after the initial Contract Year, Employee’s Base Salary shall be subject to increase as determined by the Board in its discretion.

assistant: Base Salary