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 legal provision and list the applicable contract clause categories. Provision: In order to request the issuance of a Letter of Credit (other than an Existing Letter of Credit) or to amend, renew, increase or extend an existing Letter of Credit, the Borrower shall hand deliver or fax or electronic communication (including through the Internet or other electronic platform) to the Issuing Bank and the Administrative Agent (no less than three Business Days (or such shorter period of time acceptable to the Issuing Bank) in advance of the requested date of issuance, amendment, renewal, increase or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed, increased or extended, the date of issuance, amendment, renewal, increase or extension, the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) below), the amount of such Letter of Credit (and the allocation among the Tranche A Revolving Commitments and the Tranche B Revolving Commitments, which shall be based on the Pro Rata Percentages thereof), the name and address of the beneficiary thereof and such other information as shall be reasonably necessary to prepare such Letter of Credit. If requested by the Issuing Bank, the Borrower shall also submit a letter of credit application on the Issuing Bank’s standard form in connection with any request for a Letter of Credit. The Issuing Bank shall promptly (i) notify the Administrative Agent in writing of the amount and expiry date of each Letter of Credit issued by it and (ii) provide a copy of such Letter of Credit (and any amendments, renewals, increases or extensions thereof) to the Administrative Agent. A Letter of Credit shall be issued, amended, renewed, increased or extended only if, and upon issuance, amendment, renewal, increase or extension of each such Letter of Credit the Borrower shall be deemed to represent and warrant that, after giving effect to such issuance, amendment, renewal, increase or extension, the Aggregate Revolving Exposure shall not exceed the Total Revolving Commitment and that the other conditions expressly set forth herein are satisfied in respect thereto.

assistant: Amendments
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: examination of the record and the clearly established Supreme Court law, but we must still confine our review to whether the court’s determination resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law....” Bell v. Jarvis, 236 F.3d 149, 158 (4th Cir.2000) (en banc) (citations & internal quotation marks omitted). In other words, when the state court does not articulate a rationale for its decision, our analysis focuses solely on the result reached, and application of the “contrary to” prong is necessarily limited to determining whether the state court decision is contrary to a decision reached by the Supreme Court on indistinguishable facts. Cf. Early v. Packer, 537 U.S. 3, 123 S.Ct. 362, 365, 154 L.Ed.2d 263 (2002) (<HOLDING>). Reid does not contend that the state court Options: A. holding that failure to cite federal law does not mean that state court decision was contrary to established federal law state court need not even be aware of supreme court precedents so long as neither the reasoning nor the result of the statecourt decision contradicts them B. holding that state courts failure to discuss or even to be aware of federal precedent does not in itself render the decision contrary to federal law C. holding that to pass muster under the contrary to prong a state court need not cite relevant supreme court precedent or even be aware of relevant cases so long as neither the reasoning nor the result of the statecourt decision contradicts them D. holding aedpas contrary to clause does not require citation of our cases indeed it does not even require awareness of our eases so long as neither the reasoning nor the result of the statecourt decision contradicts them E. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states

assistant: The best answer is A. holding that failure to cite federal law does not mean that state court decision was contrary to established federal law state court need not even be aware of supreme court precedents so long as neither the reasoning nor the result of the statecourt decision contradicts them
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: “based on changed country conditions arising in the country of nationality or the country to which removal has been ordered, if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding,” 8 U.S.C. § 1229a(c)(7)(C)(ii); see also 8 C.F.R. § 1003.2(c)(3)(ii), Zhang has not established any error in the BIA’s conclusion that there was no material change in country conditions here. First, Zhang’s apparent assistance to the United States government is a change in personal circumstances that does not excuse the time and number limitations. See Li Yong Zheng v. U.S. Dep’t of Justice, 416 F.3d 129, 130-31 (2d Cir.2005); Wei Guang Wang v. BIA, 437 F.3d 270, 274 (2d Cir.2006); see also Ali v. Mukasey, 524 F.3d 145, 150 (2d Cir.2008) (<HOLDING>); Young Dong Kim v. Holder, 737 F.3d 1181 (7th Options: A. holding failure to exercise discretion is abuse of discretion B. holding that the faas action in this case was analogous to an exercise of prosecutorial discretion and noting that when prosecutorial discretion is at issue the matter is presumptively committed to agency discretion by law C. holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record D. holding that exercise of prosecutorial discretion was not subject to judicial review absent a constitutional claim or question of law E. recognizing that the constitutionality of a statute is a question of law subject to de novo review

assistant: The best answer is D. holding that exercise of prosecutorial discretion was not subject to judicial review absent a constitutional claim or question 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 case excerpt and choose the best holding from the options. Case excerpt: BY THE MGCRA Plaintiff also argues that the trial court erred in concluding that her common-law claims are preempted by the MGCRA. Plaintiff argues that the preemption doctrine only applies when a law enacted by a superior authority precludes a law enacted by an inferior authority. Plaintiff maintains that the preemption doctrine does not apply to this case because state statutes cannot preempt common-law causes of action. We agree with plaintiff that the preemption doctrine is traditionally applied when a federal law takes precedence over a state law. Federal Savings & Loan Ass’n v de la Cuesta, 458 US 141, 152-153; 102 S Ct 3014; 73 L Ed 2d 664 (1982); see also, e.g., Abela v Gen Motors Corp, 257 Mich App 513,525; 669 NW2d 271 (2003), aff d 469 Mich 603; 677 NW2d 325 (2004) (<HOLDING>); Martinez v Ford Motor Co, 224 Mich App 247; Options: A. holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration B. holding that the age discrimination in employment act adea 29 usc 621 et seq was not a valid abrogation of the states sovereign immunity C. holding that prejudgment interest ordinarily should be awarded on damages pursuant to claims under the copyright act of 1909 17 usc 1 et seq 1976 ed superceded by the copyright act of 1976 17 usc 101 et seq D. holding that denial of vsf benefits to disabled retirees does not violate the ada the rehabilitation act 29 usc 791 et seq or the age discrimination in employment act of 1967 29 usc 621 et seq and that plaintiffs due process and first amendment claims were frivolous E. holding that the plaintiffs state commonlaw tort claims were preempted by the national motor vehicle safety act 15 usc 1381 et seq

assistant: The best answer is A. holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration
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: warnings. Ortho Pharmaceutical Corp. v. Chapman, 388 N.E.2d 541, 553 (Ind. Ct. App. 1979). The court reasoned that the competency of an expert witness has never been limited to only those facts he or she has learned from personal demonstration. Instead, the court explained, "where a witness exhibits such a degree of knowledge, gained from experiments, observation, standard books, or other reliable source, as to make it appear that his opinion is of some value, he is entitled to testify." Id. Exide cites several cases as support for the proposition that "mere practical knowledge and frequent use of a product does not qualify the user as an expert on ... warnings." However, none of these cases support this proposition. See, e.g., McCullock v. H.B. Fuller Co., 981 F.2d 656 (2nd Cir. 1992) (<HOLDING>); Silva v. American Airlines, Inc., 960 F. Options: A. holding that warnings given to a witness by the trial court and the prosecutor concerning the possibility that testifying could place the witness in jeopardy of revocation of his plea agreement and charges of perjury or false statement did not violate the defendants due process rights because the warnings merely corroborated in a straightforward and nonthreatening manner the information given by the witness attorney B. holding witness was not qualified to opine on the adequacy of the warnings of a specialized glue because he lacked expertise in either the product was not a chemical engineer toxicologist or an environmental engineer or the design of warning labels C. holding that district court did not abuse its discretion in excluding testimony of mechanical engineer in products liability case involving automobile because expert did not have specific experience regarding subject matter of lawsuit D. holding that the shape of a product was not an advertising idea because there was no allegation in the complaint that the design itself was a trademark or was intended to distinguish the product from others that might enter the market citation omitted E. holding that it was not an abuse of discretion for district court to allow a mechanical engineer to give expert testimony about a machine with which the engineer had no design experience

assistant: The best answer is B. holding witness was not qualified to opine on the adequacy of the warnings of a specialized glue because he lacked expertise in either the product was not a chemical engineer toxicologist or an environmental engineer or the design of warning labels
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 Grantor represents and warrants that as of the date hereof it is the true and lawful owner of or otherwise has the right to use, in each case free and clear of any Liens, the Registered Intellectual Property Collateral listed in Annexes E, F and G hereto for such Grantor and that (i) the Marks listed in Annex E include materially all United States marks and applications for United States marks registered in the United States Patent and Trademark Office that such Grantor owns or uses in connection with its business as of the date hereof, (ii) the Patents listed in Annex F hereto for such Grantor include materially all the United States patents and applications for United States patents that such Grantor owns as of the date hereof and (iii) the Copyrights listed in Annex G hereto for such Grantor constitute materially all the United States copyrights registered with the United States Copyright Office and applications to United States copyrights that such Grantor owns as of the date hereof, and that said registrations are valid and subsisting, and enforceable, other than as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Each Grantor represents and warrants that it owns, is licensed to use or otherwise has the right to use, all Registered Intellectual Property Collateral that it uses, other than as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. Each Grantor further warrants that no aspect of such Grantor’s present or contemplated business operations infringes or will infringe any intellectual property of any other Person other than as could not, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Warranties
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 Members shall be entitled to enforce their rights under this Agreement specifically, to recover damages by reason of any breach of any provision of this Agreement (including costs of enforcement) and to exercise any and all other rights existing in their favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that the Company or any Member may in its or his sole discretion apply to any court of law or equity of competent jurisdiction for specific performance or injunctive relief (without posting a bond or other security) in order to enforce or prevent any violation or threatened violation of the provisions of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: To satisfy this prong, “extreme deprivations are required ...,” Hudson v. McMillian, 503 U.S. 1, 9, 112 S.Ct. 995, 117 L.Ed.2d 156 (1992), and only deprivations denying “the minimal civilized measure of life’s necessities” are grave enough to create a violation of the Cruel and Unusual Punishment Clause. Rhodes, 452 U.S. at 347, 101 S.Ct. 2392. Harsh and uncomfortable prison conditions do not automatically create such a violation. Dixon v. Godinez, 114 F.3d 640, 642 (7th Cir.1997) (citing Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994)). However, a “remedy for unsafe conditions need not await a tragic event.” Helling v. McKinney, 509 U.S. 25, 33-34, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993). See also Hill v. Marshall, 962 F.2d 1209, 1211, 1215 (6th Cir.1992) (<HOLDING>). With respect to the subjective prong, there Options: A. holding that the government need not prove actual notice to the prisoner B. holding that where the recipient is a federal prisoner the government is required to provide him with actual notice of a deprivation C. holding the united states liable under the ftca for exposure of prisoners to prisoner with tuberculosis where the prisoners bodies harbored one or more dormant tubercle bacilli which could later develop into fullfledged cases of tuberculosis D. holding as an investment for future development E. holding that failure to provide prophylactic medication to prevent the possible future development of active tuberculosis is actual injury even though prisoner did not develop active tuberculosis

assistant: The best answer is E. holding that failure to provide prophylactic medication to prevent the possible future development of active tuberculosis is actual injury even though prisoner did not develop active tuberculosis
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: Communications Act The Stored Communications Act (“SCA”) prohibits “intentionally accessing without authorization a facility through which an electronic communication service is provided,” and thereby obtaining access to an “electronic communication while it is in electronic storage.” 18 U.S.C. § 2701(a). It also provides for the recovery of civil damages by a person aggrieved by a violation of the statute. 18 U.S.C. § 2707(a). Rene alleges that the Defendants violated the SCA when they accessed her email messages. The Defendants contend that any email messages viewed by them were not in “electronic storage,” and, as a result, do not fall within the protections of the statute. “Electronic storage” is defined as “any temporary, intermediate storage .Supp.2d 965, 987 (C.D.Cal.2010) (<HOLDING>), and United States v. Weaver, 636 F.Supp.2d Options: A. holding that an individuals access to a service or website that requires an indication of assent to contractual terms before access to the service or website will be granted was sufficient evidence that the user clicked i accept B. holding that even though an agreement was approved by the family court it retained its character as an agreement for purposes of legal analysis C. holding that webmail messages opened and retained by the user absent a showing that the webmail service was archiving copies for backup purposes were not within the definition of electronic storage D. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service E. holding that where weather alert service instructed user to reply stop to cease receiving text messages users message of stop to service was sufficient to create factual issue with regard to revocation of consent

assistant: The best answer is C. holding that webmail messages opened and retained by the user absent a showing that the webmail service was archiving copies for backup purposes were not within the definition of electronic storage
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: bankruptcy proceeding may recover substantially less. 18 . The Court has doubts about the efficacy of each step of the Objecting Creditors’ strategy. The argument that the Danish court has no personal jurisdiction is questionable, but it is one for the Danish or U.K. courts to decide. See Ecoban Fin. Ltd. v. Grupo Acerero Del Norte, SA. de C.V., 108 F.Supp.2d 349, 354 (S.D.N.Y.2000) (“Every person who deals with a foreign corporation impliedly subjects himself to such laws of the foreign government .... To all intents and purposes, he submits his contract with the corporation to such a policy of the foreign government ....'') (citing Canada S. R.R. Co. v. Gebhard, 109 U.S. 527, 537-38, 3 S.Ct. 363, 27 L.Ed. 1020 (1883)); Sinatra v. Gucci (In re Gucci), 309 B.R. 679, 684 (S.D.N.Y.2004) (<HOLDING>). Their ability to obtain English judgments on Options: A. holding that the court of appeals has jurisdiction to decide its jurisdiction under the transitional rules of the iirira B. holding that since property is located in foreign jurisdiction it is for that court to decide its fate C. holding that it is not D. holding that since the court already determined that it had general jurisdiction over a defendant it was unnecessary to engage in the specific jurisdiction analysis E. holding that it is not the courts role to decide whether an experts opinion is correct

assistant: The best answer is B. holding that since property is located in foreign jurisdiction it is for that court to decide its fate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of $150,000 under the Services Contract, regardless of Allard’s representation; there is no evidence that Schwan’s was aware of Allard’s representation; and Good Stuff could not have relied upon Allard’s June 6 representation when it sought the final Schwan’s prepayment. As to the latter point, Schwan’s final prepayment to Good Stuff— which Schwan’s was required by the Services Contract to pay — was made by a check dated June 4, 2002, before Allard’s email containing the alleged misrepresentation. In short, all of the bank’s actions represented “the legitimate advancement of its own economic interest ... which, is not ‘improper’ for purposes of a tortious interference claim.” Pembroke Country Club, Inc. v. Regency Sav. Bank, F.S.B., 62 Mass.App.Ct. 34, 39, 815 N.E.2.d 241 (2004) (<HOLDING>); accord In re General Plastics, 158 B.R. at Options: A. holding that a lender violated the tila by splitting the charges surrounding one loan into two loans executed on the same day where the consumer only sought one loan B. holding that consideration for guaranty of loan previously made was that guarantors friend the bank manager who issued the loan would not lose his job for making a bad loan C. holding that it was not improper for a lender to halt the proposed settlement and discounted payment of plaintiffs loan when the lender believed the loan would otherwise be paid in full D. holding that where parties to an oral loan agreed that the loan would be repaid on demand the statute of limitations did not begin to run until the date plaintiff demanded repayment of the loan E. holding that the lender was subject to the dtpa because the borrowers purpose in obtaining the loan was the purchase of a house

assistant: The best answer is C. holding that it was not improper for a lender to halt the proposed settlement and discounted payment of plaintiffs loan when the lender believed the loan would otherwise be paid in full
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 may require, in its sole discretion, that Shares to be delivered as a result of the Participant's Retirement shall only be delivered if the Participant executes and delivers to the Company, a full general release, in a form acceptable to the Company, releasing all claims, known or unknown, that the Participant may have through the date of such release against the Company or its affiliates and such release becoming legally effective and not subject to revocation within thirty (30) days following the Participant's termination of employment. To the extent applicable, if the requirements of the preceding sentence have not been met, the Participant will not be entitled to receive any Shares under any Restricted Stock Unit that would otherwise vest as a result of the Participant's Retirement. The provisions of this Section 8(c) shall not affect the timing of the issuance of Shares provided under Section 8(b)(ii)(B).

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 will inure to the benefit of and be binding upon the parties hereto and their successors and assigns. This Agreement constitutes the final expression of the entire agreement of the parties with respect to the subordination of the Lease to the lien of the Security Instrument. If there are any conflicts between the Security Instrument and the Lease, the Security Instrument shall control; provided, however, that if Tenant is not in default under the Lease beyond any applicable notice, grace or cure period, then the Lease shall control with respect to the disbursement of insurance proceeds received following a casualty event. This Agreement may not be modified other than by an agreement in writing, signed by the parties hereto or their respective successors in interest. Except as modified by this Agreement, all of the terms and provisions of the Lease will remain in full force and effect. If there are any conflicts between the Lease and this Agreement, the terms and provisions of this Agreement will control. This Agreement may be executed in any number of identical counterparts, which shall collectively constitute one agreement. This Agreement will be governed by the laws of the state where the Property is located and applicable federal law, without regard to its conflicts of laws principles. In the event of any litigation to enforce the terms of this Agreement or to recover damages for the breach thereof, the prevailing party will be entitled to recover from the nonprevailing party all attorneys’ fees and other costs and expenses incurred in connection therewith.

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: domestic relations, for that matter”); see also Dragovich, 764 F.Supp.2d at 1189 (“[S]ection three of DOMA was a preemptive strike to bar federal legal recognition of same-sex marriages should certain states decide to allow them, rather than a law that furthered the status quo, which gave the states authority to define marriage for themselves.”). The status quo prior to the passage of DOMA was federal recognition of the individual states’ authority to define marriage. “The whole subject of the domestic relations ... belongs to the laws of the States and not to the laws of the United States.” Elk Grove Unified School District v. Newdow, 542 U.S. 1, 12, 124 S.Ct. 2301, 159 L.Ed.2d 98 (2004) (citation omitted); see also Sosna v. Iowa, 419 U.S. 393, 404, 95 S.Ct. 553, 42 L.Ed.2d 532 (1975) (<HOLDING>) (citations omitted); Ankenbrandt v. Richards, Options: A. recognizing seventeenyear marriage as long term B. holding that the state as well as the defendant has a right to rely on compliance with rule 16 C. recognizing that it has long been the rule that a mechanics lien claim may be waived D. holding that the right to counsel in probation revocation proceedings is not absolute where the defendant has been convicted of or has admitted to committing a crime E. holding that domestic relations have long been regarded as a virtually exclusive province of the states and the state has absolute right to regulate marriage

assistant: The best answer is E. holding that domestic relations have long been regarded as a virtually exclusive province of the states and the state has absolute right to regulate marriage
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 agrees to pay the Executive a base salary (“Base Salary”) at an annual rate of. Five hundred fifty thousand dollars ($550,000.00) The Board may adjust the Base Salary annually on each anniversary of the Effective Date (provided that no decrease shall result in a Base Salary less than the 50 th percentile of comparable peer companies based on independent consultant report retained by the Company). With respect to services since the Executive’s start date of August 26, 2015 (and in lieu of any other Base Salary for 2015), the Executive shall be paid $250,000 on March 1, 2016 (the “2015 Compensation”). The Base Salary shall be paid in periodic installments in accordance with the Company’s regular payroll practices.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty and the rights and obligations of Guarantor and Lender hereunder shall be governed by, and shall be construed and enforced in accordance with, the internal laws of the state of Oregon, without regard to conflicts of laws principles.

assistant: Applicable 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: Neither this Agreement nor any uncertainty or ambiguity herein shall be construed against the Lender Group or any Borrower, whether under any rule of construction or otherwise. On the contrary, this Agreement has been reviewed by all parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purposes and intentions of all parties hereto.

assistant: Interpretations
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: pleading, the defense was preserved and dismissal of the plaintiffs complaint was affirmed. Shotzman v. Berumen, 363 Ark. 215, 229, 213 S.W.3d 13, 20 (2005); Wallace v. Hale, 341 Ark. 898, 900, 20 S.W.3d 392, 394 (2000); Farm Bureau Mut. Ins. Co. v. Campbell, 315 Ark. 136, 140-41, 865 S.W.2d 643, 645-46 (1993). In contrast, where a party had knowledge of a pending action and did not raise the specific Rule 12(b) defenses in the responsive pleading, the defenses were waived. Posey v. St. Bernard’s Healthcare, Inc., 365 Ark. 154, 164, 226 S.W.3d 757, 764 (2006) (Defendant asserted a statute-of-limitations defense but failed to raise the defense of insufficient service of process in its responsive pleading.); Galley v. Allstate Ins. Co., 362 Ark. 568, 575, 210 S.W.3d 40, 44 (2005) (<HOLDING>); S. Transit Co., Inc. v. Collums, 333 Ark. Options: A. holding that the defendant waived its impropervenue defense where its responsive pleading which asserted the defenses of failure to state facts to state a claim and failure to join a necessary party did not assert the defense of improper venue B. holding that state could not assert sovereign immunity defense where the state had waived immunity in state court and agreed to remove suit to federal court C. holding that the failure of all defendant to join in the petition for removal mandated remand to state court D. holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second E. holding that defendant had waived any defense of improper venue when he made the argument only after filing a motion for summary judgment

assistant: The best answer is A. holding that the defendant waived its impropervenue defense where its responsive pleading which asserted the defenses of failure to state facts to state a claim and failure to join a necessary party did not assert the defense of improper venue
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 detachment from her family. She became increasingly more angry and had some — Defense Counsel: Your Honor, Pm going to object. The Court: I overrule your objection. Go ahead. Roseborough: Thank you. Had some very violent outbursts toward people in her family, her dad and her brothers. And she became more withdrawn. She had a lot of feelings of loneliness and detachment. She became so clinically depressed that I was concerned about her and referred her to a psychiatrist. The State argues Berry’s counsel did not address vouching, bolstering, or Kromah in her objection regarding Rosebor-ough’s testimony as to trauma symptoms and PTSD. Therefore, the State contends Berry’s argument on appeal is not preserved. See State v. Freiburger, 366 S.C. 125, 134, 620 S.E.2d 737, 741 (2005) (<HOLDING>). Berry maintains the specific ground of his Options: A. holding that an issue not raised in the trial court cannot be raised for the first time on appeal B. holding an issue not preserved when one ground is raised to the trial court and another ground is raised on appeal C. holding that the defendant may not state one ground at trial and another on appeal D. holding to preserve an issue for appellate review the issue must have been raised to and ruled upon by trial court and a party may not argue one ground for objection at trial and another ground on appeal E. holding that the trial court may not grant summary judgment on a ground not raised in the motion

assistant: The best answer is B. holding an issue not preserved when one ground is raised to the trial court and another ground is raised on appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall commence on the Effective Date as set forth above and end on the three (3) year anniversary of the Effective Date (the “ Expiration Date ”), unless sooner terminated pursuant to Section 5 hereof (the " Term ").

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: The parties executing this Agreement warrant and represent that they are over the age of eighteen (18) and that they do not suffer from any legal disabilities or mental/physical disabilities which would disable or incapacitate them, even in part, from executing this Agreement. The parties executing this Agreement further warrant and represent that they have not taken any drug or medication prior to the execution of this Agreement which would prevent them from understanding and agreeing to the terms herein. The parties hereto further acknowledge that each has the authority to execute this document to be fully binding on behalf of the person or entity indicated.

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 legal provision and list the applicable contract clause categories. Provision: You agree to keep the existence and terms of this Agreement confidential (unless it is made public by the Company) provided that (1) you are authorized to make any disclosure required of you by any federal, state or local laws or judicial proceedings, after providing the Company with prior written notice and an opportunity to respond to such disclosure (unless such notice is prohibited by law), (2) you are authorized to disclose this Agreement and its terms to your legal, financial and tax advisors or to members of your immediate family so long as such advisors and family members agree to maintain the confidentiality of the Agreement, (3) you and your representatives and agents may disclose to any and all persons, without limitation of any kind, the tax treatment and tax structure of this Agreement and all materials of any kind (including opinions or other tax analyses) that are provided to you relating to such tax treatment or structure, and (4) you may disclose this Agreement in connection with any action by you to enforce this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: applied, and could apply only, to claims initiated after the effective date of the amendments. Id. at 621 (citing with approval Tilley v. USF Holland Inc., 325 S.W.3d 487, 494 (Mo. App. E.D. 2010); Roller v. Steelman, 297 S.W.3d 128, 132 (Mo. App. W.D. 2009); Lawson v. Treasurer of Mo., 281 S.W.3d 851, 854 (Mo. App. S.D. 2009); Bennett v. Treasurer of Mo., 271 S.W.3d 49, 53 (Mo. App. W.D. 2008)). As such, our Supreme Court has found that Schoemehl benefits are available when a dependent moves to substitute -for a deceased claimant so long as the claimant's claim was initiated before the 2008 statutory amendments, and so long as the claim was pending and was not final at the time of the claimant’s death and the request by the dependent to be substituted. Gervich, 370 S.W.3d at 622-24 (<HOLDING>); Strait v. Treasurer of Mo., 257 S.W.3d 600, Options: A. holding that wife could receive permanent total disability payments after the death of her husband where the husbands claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of his death even though husbands death occurred after the effective date of the 2008 statutory amendments as wifes status as a dependent was subject to determination as of the time of husbands injury B. holding the appellant needed to prove by a preponderance of the evidence that her husbands death fell within the terms of the insurance policy C. holding that statute which became effective after claimants death but prior to the trial of wrongful death case was remedial constitutional and governed pending litigation proceedings that were pending when statute was enacted D. holding that children could receive permanent total disability payments after the death of their mother where the mothers claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of her death E. holding that it was appellants burden to prove that her husbands death occurred in the scope of employment and that she was eligible for widows benefits

assistant: The best answer is A. holding that wife could receive permanent total disability payments after the death of her husband where the husbands claim was pending before the effective date of the 2008 statutory amendments and was still pending at the time of his death even though husbands death occurred after the effective date of the 2008 statutory amendments as wifes status as a dependent was subject to determination as of the time of husbands injury
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: (1) Except for trade debt incurred in the normal course of business and indebtedness to Lender contemplated by this Agreement, create, incur or assume indebtedness for borrowed money, including capital leases, (2) sell, transfer, mortgage, assign, pledge, lease, grant a security interest in, or encumber any of Borrower's assets (except as allowed as Permitted Liens), or (3) sell with recourse any of Borrower's accounts, except to Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the execution and delivery by Hecla Mining of this Agreement nor the consummation of any other of the transactions herein contemplated nor the fulfillment of the terms hereof will conflict with or result in a material breach or violation of: (i) the organizational documents of Hecla Mining, (ii) the terms of any material indenture, contract, lease, mortgage, deed of trust, note agreement, loan agreement or other agreement, obligation, condition, covenant or instrument to which Hecla Mining is a party or bound or to which its property is subject, (iii) any statute, law, rule, or regulation, or (iv) any material judgment, writ, injunction, ruling, order or decree of any court, regulatory body, administrative agency, governmental body, arbitrator or other authority having jurisdiction over Hecla Mining or any of its material properties.

assistant: No Conflicts
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: There is no Litigation, action, suit, proceeding, claim, arbitration or investigation pending or, to the knowledge of the Company, threatened in writing against the Company or its Subsidiaries, nor are the Company or its Subsidiaries subject to any outstanding order, writ, judgment, injunction or decree that, in any case, would (i) prevent, hinder or materially delay the consummation of the transactions contemplated by this Agreement or the Share Purchase Agreement or (ii) otherwise prevent, hinder or materially delay performance by the Company of any of its obligations under this Agreement, the Share Purchase Agreement or the Rights Agreements.

assistant: Litigations
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: much force was applied, it does allege the use of unreasonable force and rough handling. (Doc. # 50, 7, 9). Despite the sparse pleadings, under the circumstances of this case the Court is satisfied that the Plaintiffs had a clearly established right to be free from excessive force and rough handling, which, upon further development of the factual record, may later be proved to have been excessive. The Court now turns to whether the Plaintiffs have alleged specific facts, which if true, would violate this clearly established right. 2. Have the Plaintiffs alleged a constitutional violation? It is not unconstitutional for a law enforcement officer to use a reasonable amount of force to detain individuals during a valid search of a residence. See Summers, 452 U.S. at 704-05, 101 S.Ct. 2587 (<HOLDING>); Muehler v. Mena, 544 U.S. 93, 98-99, 125 Options: A. holding that a warrant to search for contraband founded on probable cause implicitly carries with it the limited authority to detain the occupants of the premises while a proper search is conducted B. holding that it is permissible under the fourth amendment to detain occupants of a residence while executing a search warrant of the residence C. holding that officers may detain the occupants of a house while executing a search warrant D. holding that officers may detain the occupants of a vehicle while executing a search warrant E. holding that officers executing a search warrant for contraband have the authority to detain the occupants of the premises while a proper search is conducted

assistant: The best answer is E. holding that officers executing a search warrant for contraband have the authority to detain the occupants of the premises while a proper search is conducted
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: are you aware of whether or not Eligió [Saenz] has any other method of getting to a public roadway, other than through Mrs. Thrash’s property and through your property? A. He’s even going through my, my easement that I bought outright several times, and also through the ranch, through other places. [Emphasis added] Q. Through what other places sir? A. Through mine and Bazans and Manuel Reyes too. He’s been using it, not right now because he locked the gates. [Emphasis added] Xavier Reyes’ testimony raises a genuine issue of material fact on whether the Saenzes have other possible legal means of access to their property and on whether access across the Reyeses’ property is a necessity, as opposed to a mere convenience. See Mitchell v. Castellaw, 151 Tex. 56, 246 S.W.2d 163, 168 (1952) (<HOLDING>). CONCLUSION We conclude the Saenzes failed to Options: A. holding it is a question of fact B. holding that whether the defendants confession was voluntary was a mixed question of law and fact subject to de novo review C. holding that an error pertaining to a mixed question of law and fact under state law is not cognizable in a federal habeas proceeding D. holding that probable cause determination presents a mixed question of law and fact E. holding the question of necessity is one of mixed law and fact and accordingly one for the fact finder in the ordinary case

assistant: The best answer is E. holding the question of necessity is one of mixed law and fact and accordingly one for the fact finder in the ordinary case
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 provisions of this ARTICLE VII shall survive any cancellation, termination or expiration of this Agreement and shall remain in full force and effect until such time as the applicable statute of limitation shall cut off all Claims which are subject to the provisions of this ARTICLE VII .

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: The parties hereto represent and acknowledge that in executing this letter agreement they do not rely and have not relied upon any representation or statement made by the other party or by any of the other party’s employees, directors, agents, attorneys, or representatives with regard to the subject matter, or effect of, this letter agreement or otherwise, other than those specifically stated in this written letter agreement. This letter agreement sets forth the entire agreement between the parties hereto and fully supersedes any and all prior agreements and understandings, written or oral, between the parties hereto pertaining to the subject matter hereof, except this letter agreement shall not in any way affect, modify, or nullify any prior agreement you entered into with the Company regarding confidentiality, trade secrets, inventions, or unfair competition, including your previous Employment Agreement.

assistant: Modifications
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 SECOND AMENDMENT, THE LOAN AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR ORAL AGREEMENTS BETWEEN THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES.

assistant: Entire Agreements