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: which resulted in severe bruising to her kidneys. Page also stole Chastain’s purse, which contained credit cards, identification, a cell phone, and twenty-five dollars. Page and Broadnax attempted to use the stolen credit cards at a shoe store in the mall and resisted officers when they arrived. Our review of the character of the offender reveals that Page was nineteen years old at the time of the offenses and had a pending charge of battery. Page pleaded guilty as charged, and the State promised not to file any additional or enhanced charges. After due consideration of the trial court’s decision, we cannot say that the sentence is inappropriate in light of the nature of the offense and the character of the offender. See, e.g., Patterson v. State, 846 N.E.2d 723, 731 (Ind.Ct.App.2006) (<HOLDING>). For the foregoing reasons, we affirm Page’s Options: A. holding that the defendants fortyfiveyear sentence for molesting his stepdaughter was not inappropriate B. holding that the defendants sentence for robbery was not inappropriate C. holding that armed robbery suspect was entitled to bail hearing even though armed robbery was considered capital offense under mississippi law because maximum sentence was life imprisonment D. holding that circumstantial evidence that defendant drove the car and fled the scene after his brother committed robbery was insufficient to sustain defendants conviction absent other evidence of defendants intent to aid in the robbery E. holding that a robbery defendant was not entitled to a compulsion instruction in the absence of a claim that he or the victim was the target of a specific threat forcing the defendant to participate in the robbery

assistant: The best answer is B. holding that the defendants sentence for robbery was not 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 case excerpt and choose the best holding from the options. Case excerpt: of mandatoiy minimum sentences in this limited context.”) (footnote omitted); Shendur v. United States, 874 F.Supp. 85, 86 (S.D.N.Y.1995) ("[Section] 3553(f) reflects a congressional decision that mandatoiy minimum sentences no longer be applied mechanically.”). 2 . See also United States Sentencing Commission, Guidelines Manual, § 5C1.2 (Nov.1995) (incorporating § 3553(f) verbatim). - 3 . The district court nevertheless appears to have imposed such a requirement, stating that "there was not full compliance [with § 3553(f) ], for the reason that I think it was incumbent upon [Ivester] to initiate the full confession of activities to the Government at an early time, and I cannot find that he has done that.” 4 . Contra United States v. Rodriguez, 60 F.3d 193, 196 (5th Cir.1995) (<HOLDING>). 5 . Cf. USSG § 3E1.1, decreasing the Options: A. holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights B. holding that defendants lies to probation officer preparing presentence report fall within 1001b exception if probation officer must include particular statement in report C. holding that probation is not a sentence D. holding that a condition of supervised release that requires a defendant to report to his probation officer upon reentry to the united states does not violate the defendants fifth amendment right against selfincrimination E. holding that the defendants statements to the probation officer were insufficient to satisfy the safety valves fifth requirement the probation officer is for purposes of 5c12 not the government

assistant: The best answer is E. holding that the defendants statements to the probation officer were insufficient to satisfy the safety valves fifth requirement the probation officer is for purposes of 5c12 not the government
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: cases could be considered in determining the appellant’s earning capacity for purposes of awarding alimony. Id. at 554-55. In In re Marriage of Zells, 143 Ill.2d 251, 157 Ill.Dec. 480, 572 N.E.2d 944, 945 (1991), the Illinois Supreme Court affirmed the appellate court’s conclusion that contingent fees are not marital assets because of their contingent, speculative, and intangible nature. The Illinois court also noted that court-ordered division of contingent fees would violate the Illinois Rules of Professional Con- duet, which prohibit fee-sharing between a lawyer or law firm and a non-lawyer. Id. Like Pennsylvania, however, the Illinois Supreme Court held that contingent-fee eases could be considered in awarding alimony. Id. See also Musser v. Musser, 909 P.2d 37, 40-41 (Okla.1995) (<HOLDING>); In re Marriage of Hershewe, 931 S.W.2d 198, Options: A. holding abuse of discretion is the proper standard for reviewing award of attorney fees in patent cases although questions of law may in some cases be relevant B. holding that pending contingencyfee cases of a law firm constitute future income and not marital assets and although these cases may not be considered in calculating propertydivision alimony they may be considered in establishing support alimony C. holding that the domesticrelations exception prevented the plaintiff from challenging in federal court the constitutionality of the statecourt judges decision to consider certain assets and property when calculating the plaintiffs husbands income for the purposes of determining alimony payments because the plaintiff ultimately wanted this court to enjoin the state court from using property to determine the amount of alimony owed D. holding that property transferred by a spouse to avoid support obligation may be considered on the issue of property distribution as well as alimony E. holding that final order for alimony may be modified by trial court on showing of substantial change in circumstances of either party

assistant: The best answer is B. holding that pending contingencyfee cases of a law firm constitute future income and not marital assets and although these cases may not be considered in calculating propertydivision alimony they may be considered in establishing support alimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the expiration date; and (2) EPC’s continuing to mark its products with two patent numbers after those patents have expired. Thus, Donaldson is now estopped to assert a patent misuse defense on any other basis, such as EPC’s assertion of a price erosion theory of damages in this action. Although the court will deny EPC’s motion to exclude evidence on the two claims of patent misuse that Donaldson now asserts, the court has considerable doubt that those claims of patent misuse, at least as presently formulated and supported, are submissible. The court observes that Donaldson’s first claim of patent misuse is premised on a “post-expiration royalties” theory authorized by Brulotte v. Thys Co., 379 U.S. 29, 85 S.Ct. 176, 13 L.Ed.2d 99 (1964). See Virginia Panel Corp., 133 F.3d at 869 (<HOLDING>). In Brulotte, the Supreme Court addressed a Options: A. holding that news broadcast which fell within several of the historical categories for per se defamation was not defamatory per se where plaintiffs identity was not shown on its face B. recognizing as per se patent misuse arrangements in which a patentee effectively extends the term of its patent by requiring postexpiration royalties citing brulotte 379 us at 33 85 sct 176 C. holding such agreements to be per se illegal D. recognizing distinction between actual and per se conflicts of interest E. holding that a patentees use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se

assistant: The best answer is B. recognizing as per se patent misuse arrangements in which a patentee effectively extends the term of its patent by requiring postexpiration royalties citing brulotte 379 us at 33 85 sct 176
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 Executive shall each take all actions as may be reasonably necessary or appropriate in furtherance of their respective obligations and covenants set forth in this Agreement, including, without limitation, executing and delivering such additional agreements, certificates, instruments and other documents as may be deemed necessary or appropriate.

assistant: Further Assurances
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: information reasonably sufficient to permit the company to contact you , such as an address , telephone number , and , if available , an electronic mail address at which you may be contacted ;

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 case excerpt and choose the best holding from the options. Case excerpt: Oatts’s conviction for child molesting as a class C felony. Affirmed. ROBB, J. and CRONE, J. concur. 1 . Ind.Code § 35-42-4-3 (2004) (subsequently amended by Pub.L. No. 216-2007, § 42 (eff. July 1, 2007)). 2 . A.S. thought the videotape was a children’s movie and played a "little bit” of the video before A.S.’s mother discovered A.S. watching it and told her to turn it off. Transcript at 20. 3 . The record does not provide a last name for Tony. The record is also unclear as to the circumstances surrounding any encounter between Tony and A.S. 4 . The record does not contain the actual answer given to the jury. 5 . Ind. Evidence Rule 412(a) governs the admissibility of evidence of past sexual conduct and provides: In a prosecution for a sex crime, evidence 822, 826 (Ind.Ct.App.2000) (<HOLDING>); with Sallee v. State, 111 N.E.2d 1204, 1210 Options: A. holding that the defendants failure to comply with ind evidence rule 412b precluded her from presenting evidence of the victims past sexual history and resulted in waiver of the issue on appeal B. holding under the prior appellate rule that the defendant waived the issue by failure to comply with ind appellate rule 83a7 which required a verbatim copy of the refused instruction and the verbatim objections thereto if any in the argument section of the brief C. holding that failure to comply with the hozada requirements is not fatal where the alleged ineffective assistance is plain on the face of the administrative record D. holding that trial court erred by not allowing the plaintiff to introduce evidence of prior dealings with the defendant E. holding that the defendants failure to comply with the procedural mandate of ind evidence rule 412b was fatal to his attempt to introduce evidence of prior false rape allegations

assistant: The best answer is E. holding that the defendants failure to comply with the procedural mandate of ind evidence rule 412b was fatal to his attempt to introduce evidence of prior false rape allegations
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 Administrative Agent shall have received the results of a recent lien, bankruptcy and judgment search in each relevant jurisdiction with respect to the Loan Parties and the Equity Pledgor and such search shall reveal no Liens on any of the Pledged Collateral or other assets of the Loan Parties and the Equity Pledgor except, in the case of Collateral other than Pledged Collateral, for Permitted Liens and except for Liens to be discharged on or prior to the Closing Date pursuant to documentation reasonably satisfactory to the Administrative Agent.

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: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before May 31, 2017; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (No. 97-889); see Gardner-Denver, 415 U.S. at 51-52, 59-60, 94 S.Ct. 1011. The majority of our sister circuits have held that collective bargaining agreements do not waive an individual employee’s right to sue for statutory discrimination claims. See Penny v. United Parcel Serv., 128 F.3d 408, 414 (6th Cir.1997); Brisentine v. Stone & Webster Eng’g Corp., 117 F.3d 519, 526-27 (11th Cir.1997); Pryner v. Tractor Supply Co., 109 F.3d 354, 363 (7th Cir.), cert. denied, - U.S. -, 118 S.Ct. 295, 139 L.Ed.2d 227 (1997); Varner v. National Super Markets, Inc., 94 F.3d 1209, 1213 (8th Cir.1996), cert. denied, -U.S. -, 117 S.Ct. 946, 136 L.Ed.2d 835 (1997); Tran v. Tran, 54 F.3d 115, 117 (2d Cir.1995). But see, Austin v. Owens-Brockway Glass Container, Inc., 78 F.3d 875, 885 (4th Cir.1996) (<HOLDING>), cert. denied, -U.S. -, 117 S.Ct. 432, 136 Options: A. holding that an employee may sue for breach of a collective bargaining agreement without the union B. holding that a collective bargaining agreement to arbitrate is binding upon individual employees even when dispute involves federal cause of action C. holding that a procedure established by collective bargaining agreement was the exclusive process available to employees where the dispute was grievable D. holding that a debtorinpossession could reject a collective bargaining agreement E. holding the plain language of the collective bargaining agreement did not manifest an intent to require trustees to arbitrate contribution claims

assistant: The best answer is B. holding that a collective bargaining agreement to arbitrate is binding upon individual employees even when dispute involves federal cause of action
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, the Bank and Consultant acknowledge that this Agreement is in documentary compliance with Section 409A of the Code. However, in the event that any payments or benefits under this Agreement are deemed to be subject to any excise taxes, including any penalties or interest, imposed under Section 409A of the Code by the Internal Revenue Service (“ 409A Penalties ”), Consultant shall be solely responsible for the payment of the 409A Penalties to the Internal Revenue Service. In addition, Consultant hereby forever releases, waives, discharge and acquits the Company, the Bank and their successors and assigns and the Company’s and the Bank’s directors officers, employees and agents, affiliates, subsidiaries, and the heirs and assigns of all of them, from any claim that Consultant, Consultant’s heirs, successors and assigns may have related to the recovery or reimbursement of any 409A Penalties that may be incurred by Consultant or Consultant’s heirs, successors or assigns. Similarly, the Bank, the Company and their successors and assigns hereby forever releases, waives, discharge and acquits Consultant and Consultant’s heirs, successors and assigns from any claim that the Bank or the Company (including any affiliates and successors) may have related to the recovery or reimbursement of any penalty imposed by the Internal Revenue Service for the failure to comply with the reporting and withholding requirements under Section 409A of the Code.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Assignment shall be binding upon and inure to the benefit of Assignor, Assignee and their respective successors and assigns. The parties shall execute and deliver such further and additional instruments, agreements, and other documents as may be necessary to evidence or carry out the provisions of this Assignment.

assistant: Binding Effects
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: Borrower acknowledges that Borrower is in default of the Loan Agreement for failing to comply with the minimum EBITDA financial covenant contained in Section 5 of the Schedule for the quarterly compliance period ended December 31, 2016 (the “ Specified Default ”). Subject to compliance with the conditions set forth in Section 7, PFG hereby waives the Specified Default for the particular compliance period specified within the definition of Specified Default. PFG’s waiver of Borrower’s compliance with the Specified Default shall apply only to the foregoing specific compliance period and only for the violation described above. Borrower hereby acknowledges and agrees that except as specifically provided in this Section, nothing in this Section or anywhere in this Modification shall be deemed or otherwise construed as a waiver by PFG of any of its rights and remedies pursuant to the Existing Loan Documents, applicable law or otherwise.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company confirms that neither it nor any other person or entity acting on its behalf has provided Holders or their counsel with any information that constitutes or might constitute material, nonpublic information. The Company will disclose the material terms of this Consent and the transactions contemplated hereby by not later than 8 a.m. on March 1, 2018, or such earlier time as may be required by law, by means of a Current Report on Form 8-K filed with the Securities and Exchange Commission. Such Current Report on Form 8-K shall include the High Wire Agreement, and any other material agreement related to the foregoing. The Current Report on Form 8-K shall be subject to the prior review and comment of the Holders. From and after the filing of the Current Report on Form 8-K with the Securities and Exchange Commission, the Company acknowledges and agrees that the Holders shall not be in possession of any material, nonpublic information received from the Company or any person acting on its behalf.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: are cases in which the elements of tortious interference with contracts was applied to the alleged loss of continuing business relationships. See, e.g., SP Midtown, Ltd. v. Urban Storage, L.P., No. 14-07-00717-CV, 2008 WL 1991747, *8-9 (Tex.App.-Houston [14th Dist.] May 8, 2008, pet. denied) (mem. op.); Anderson, Greenwood & Co. v. Martin, 44 S.W.3d 200, 218 (Tex. App.-Houston [14th Dist.] 2001, pet. denied). But these cases are distinguishable because the issue presented here was not addressed. 8 . We note that an allegation that Faucette and Sarco breached a fiduciary duty could have supplied the independently tortious conduct to support this element. See RenewData Corp. v. Strickler, No. 03-05-00273-CV, 2006 WL 504998, at *10-12 (Tex.App.-Austin Mar. 3, 2006, no pet) (mem. op.) (<HOLDING>). But Grace and Sarco did not plead, seek to Options: A. holding that the lmra preempted plaintiffemployees claim under michigan law for tortious interference with contractual relations breach of contract is an essential element of a tortious interference claim and resolution of such claim would require the court to interpret collective bargaining agreement to determine if that agreement had been breached B. holding that the first element in a prima facie case of tortious interference with prospective business advantage is the existence of business expectancy C. holding former employees breach of fiduciary duties to employer satisfies the sturges prerequisites for a claim of tortious interference with prospective business relations D. recognizing action for tortious interference with prospective advantage E. holding that the plaintiff stated a claim for tortious interference

assistant: The best answer is C. holding former employees breach of fiduciary duties to employer satisfies the sturges prerequisites for a claim of tortious interference with prospective business relations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts and by different parties hereto on separate counterparts, each of which when so executed and delivered shall be deemed to be an original, but all of which when taken together shall constitute a single instrument. Delivery of an executed counterpart of a signature page of this Amendment by facsimile transmission or by email in “.pdf” format shall be effective as delivery of a manually executed counterpart hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.2d 1305, 1312-12 (2d Cir.1993) (“The present violation requirement of the Act would be completely undermined if a violation included the mere decomposition of pollutants.”); Brewer v. Ravan, 680 F.Supp. 1176, 1183 (M.D.Tenn.1988) (dismissing citizen suit based on allegations made against a permanently closed manufacturing plant); Friends of Santa Fe County v. LAC Minerals, Inc., 892 F.Supp. 1333, 1354 (D.N.M.1995) (finding no ongoing discharge from pile of waste rock on surface); Wilson v. Amoco Corp., 33 F.Supp.2d 969, 975-76 (D.Wyo.1998) (concluding “that migration of residual contamination from previous releases does not constitute an ongoing discharge”), factual background stated in 989 F.Supp. 1159 (D.Wyo.1998); Aiello v. Town of Brookhaven, 136 F.Supp.2d 81, 120 (E.D.N.Y.2001) (<HOLDING>). This court is not so easily persuaded, Options: A. holding that the court had jurisdiction to hear the suit under the citizen suit provision of the caa B. holding that statute authorizing citizen suits against those alleged to be in violation of the clean water act cwa conferred no jurisdiction over cases based on wholly past violations C. holding that the cwa authorizes citizen suits for the enforcement of all conditions of npdes permits including those imposed by georgia law D. holding a suit against an agency of the state is a suit against the state E. holding cwa does not allow citizen suit against a past polluter for the ongoing migrating leachate plume

assistant: The best answer is E. holding cwa does not allow citizen suit against a past polluter for the ongoing migrating leachate plume
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: but whether the standard for pre-trial discovery of the documents is met. “The requirement of relevancy at the discovery stage is more loosely construed than that required at trial.” Brown v. Superior Court, 137 Ariz. 327, 332, 670 P.2d 725, 730 (1983). Discovery may extend to “any matter, not privileged, which is relevant to the subject matter involved in the pending action” and “reasonably calculated to lead to the discovery of admissible evidence.” Ariz. R. Civ. P. 26(b)(1). ¶ 26 There is a substantial disparity among the jurisdictions as to whether the confidentiality required by statute is a factor in considering discoverability or whether confidentiality is to be considered only by limiting the persons to whom the discoverable material can be disclosed. See Rios, 73 F.R.D. at 599 (<HOLDING>); Zaal, 602 A.2d at 1256 (holding by Maryland Options: A. holding that in the absence of public disclosure the court need not address whether relator was original source of the information B. holding that where an authorized disclosure is voluntarily made to a nonfederal party whether or not that disclosure is denominated confidential the government waives any claim that the information is exempt from disclosure under the deliberative process privilege C. holding by federal district court that before a court orders disclosure of educational records the party seeking disclosure is required to demonstrate a genuine need for the information that outweighs the privacy interest of the students D. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant E. holding that the government must provide the party seeking disclosure with a detailed index describing the documents the government claims are exempt from disclosure under foia

assistant: The best answer is C. holding by federal district court that before a court orders disclosure of educational records the party seeking disclosure is required to demonstrate a genuine need for the information that outweighs the privacy interest of the students
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: judgment for $20,000 as emotional distress damages sustained on this claim. Levi first argues the district court committed error in determining which state’s law should apply. We disagree. The district court properly applied the relevant choice-of-law principles and determined California law applied. Levi next argues this cause of action arises exclusively in tort and, consequently, the one-year statute of limitations for torts applies to Tolan’s claim. See Cal.Civ.Proc. Code § 340(3) (West Supp.1984). Because Tolan filed this action approximately thirteen months after his discharge, Levi argues Tolan’s claim is time-barred. See id. Again, we disagree. See Foley v. Interactive Data Corp., 47 Cal.3d 654, 700 & n. 42, 254 Cal.Rptr. 211, 239 & n. 42, 765 P.2d 373, 401 & n. 42 (1988) (<HOLDING>). Under the California statute of limitations Options: A. holding breach of contract claim not preempted as a straightforward breach of contract action as it alleged violation of specific covenant B. recognizing cause of action for implied covenant of good faith and fair dealing in atwill employment contract C. holding that in the employment context cause of action seeking tort remedies for breach of implied covenant is not permitted recovery for breach of this covenant is limited to contract remedies D. holding that the implied covenant of good faith and fair dealing is limited to performance under a contract E. holding that a cause of action for breach of contract accrues at the time of the breach

assistant: The best answer is C. holding that in the employment context cause of action seeking tort remedies for breach of implied covenant is not permitted recovery for breach of this covenant is limited to contract 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: the prosecutor was referring to Texas Rule of Evidence 902(10). It seems more likely that admissibility of a certified copy of a deed would be governed by Rule 902(4) rather than Rule 902(10) — in any event, we have held that the Rules of Evidence do not apply in a pretrial suppression hearing. Granados v. State, 85 S.W.3d 217, 227 (Tex.Crim.App.2002). The appellant did not challenge the trial court’s ruling on the State's objection, however, in the court of appeals. 4 . In the court of appeals, the State pointed to language in the plea agreement that the appellant had waived "all pretrial motions on file except those matters ruled on by the court,” arguing that this constituted a waiver of the appellant’s right to appeal.' In its opinion on original submission, the court Cir. 1996) (<HOLDING>). 15 . St. George, supra, at 725; State v. Options: A. recognizing that the constitutionality of a statute is a question of law subject to de novo review B. holding that ojbjective reasonableness is a question of law reviewed de novo when scope of consent given is the issue on review C. holding that whether consent was valid under the fourth amendment is a question of law to be reviewed de novo D. holding question of law applied to undisputed facts reviewed de novo E. holding that antitrust standing is question of law reviewed de novo

assistant: The best answer is B. holding that ojbjective reasonableness is a question of law reviewed de novo when scope of consent given is the issue on review
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 may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the applicable Closing in which such Purchaser is participating has not been consummated on or before the third (3 rd ) Trading Day following such Purchaser’s execution of this Agreement and delivery of the items referred to in Section 2.3(b) to the Company; provided , however , that no such termination will affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subscriber will comply with all applicable laws and regulations in effect in any jurisdiction in which Subscriber purchases or sells the Securities and obtain any consent, approval or permission required for such purchases or sales under the laws and regulations of any jurisdiction to which Subscriber is subject or in which Subscriber makes such purchases or sales, and the Company shall have no responsibility therefore.

assistant: Compliance With 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: This Agreement may be terminated at any time for any reason by Mr. Brannan, provided that Mr. Brannan will be required to give at least ten (10) days advance written notice of any termination during the Term. The Agreement may not be terminated by the Company prior to the end of the Term except for cause.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except with respect to injunctive relief which may be sought by the Company or Executive from a court in Harris County, Texas, to which the Parties hereby submit to personal jurisdiction, the Parties agree to resolve any and all claims or controversies past, present, or future arising out of or relating to this Agreement, Executive’s employment and/or termination of employment with the Company, including but not limited to claims for wrongful termination of employment, and claims under the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Sarbanes-Oxley Act, the Equal Pay Act, the Fair Labor Standards Act, Chapter 21 of the Texas Labor Code, formerly known as the Texas Commission on Human Rights Act, the retaliatory discharge provisions of the Texas Worker’s Compensation Act, the Texas Pay Day Act, and any similar state law or local ordinance to binding arbitration under the Federal Arbitration Act, before one neutral arbitrator in the City of Houston, State of Texas, under the American Arbitration Association (“AAA”) National Rules for the Resolution of Employment Disputes. If the Parties cannot agree on one arbitrator, a list of seven (7) arbitrators will be requested from AAA, and the arbitrator will be selected using alternate strikes with Executive striking first. Except as expressly awarded in arbitration and subject to Section 26 , the Parties further agree that each party shall be responsible for its own expenses, including but not limited to attorneys’ fees in connection with the cost of the arbitration except that the fees of the arbitrators shall be shared equally by Executive and the Company, and collective actions are not permissible unless agreed upon by the parties in writing, that administrative proceedings under the National Labor Relations Act and Title VII of the Civil Rights Act are not precluded, the work of Executive involves interstate commerce, the award rendered by the arbitrator is final and binding, and judgment thereon may be entered in any court having jurisdiction thereof. The invalidity or unenforceability of any provision of this paragraph shall not affect the validity or enforceability of any other provision of this Agreement which shall remain in full force and effect; provided, however, that any claim the Company has for breach of the covenants contained in Sections 8 and 9 shall not be subject to mandatory arbitration, and may be pursued in a court of law or equity.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: (r) As of the Second Amendment Effective Date, immediately after the consummation of the Transactions to occur on the Second Amendment Effective Date, the Loan Parties, taken as a whole, are and will be Solvent.

assistant: Solvency
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: 10.3 expenditure of skype credit , allocation of a skype number , or use of any aspect of a subscription amounts to `` use '' of a paid-for-product .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All expenses incurred in any registration of the Holder’s Registerable Securities under this Agreement shall be paid by the Company, including, without limitation, printing expenses, fees and disbursements of counsel for the Company, expenses of any audits to which the Company shall agree or which shall be necessary to comply with governmental requirements in connection with any such registration, all registration and filing fees for the Holder’s Registerable Securities under federal and State securities laws, and expenses of complying with the securities or blue sky laws of any jurisdictions; provided, however, the Company shall not be liable for (a) any stock transfer taxes incurred with respect to Registerable Securities sold to the Holder or (b) the fees and expenses of counsel for any Holder, provided that the Company will pay the costs and expenses of Company counsel when the Company's counsel is representing any or all selling security holders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: activity would be found at his home. Knights, 534 U.S. at 122, 122 S.Ct. 587. Third, 18 U.S.C. § 922(g)(1) does not violate Kyle’s Second Amendment right to bear arms. United States v. Vongxay, 594 F.3d 1111, 1114 (9th Cir.2010). Fourth, the district court properly granted an enhancement under U.S.S.G. § 3C1.1., which provides for a two-point increase if “the defendant willfully obstructed or impeded, or attempted to obstruct or impede, the administration of justice with respect to the investigation, prosecution, or sentencing of the instant offense of conviction.” U.S.S.G. § 3C1.1. Kyle missed two sentencing hearings, absconded from San Diego to Los Angeles, and had a bench warrant issued that took 15 months to execute. See United States v. Petersen, 98 F.3d 502, 508 (9th Cir.1996) (<HOLDING>). Kyle argues that his obstruction was not Options: A. holding that dismissal for failure to appear at a deposition is on the merits B. holding that failure to appear is also a continuing offense C. recognizing willful failure to appear as an essential element of the bailjumping offense D. holding a failure to appear for sentencing constitutes an escape under the rule E. holding that willful failure to appear at sentencing supported obstruction of justice enhancement

assistant: The best answer is E. holding that willful failure to appear at sentencing supported obstruction of justice enhancement
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: tort cases without express focus on choice of law issues. See, e.g., Carmichael v. KBR, 572 F.3d 1271, 1288 n. 13 (11th Cir.2009) (providing that the court’s analysis “would remain the same regardless of which state’s law applied”); see also Taylor v. KBR, 658 F.3d 402 (4th Cir.2011) (dismissing on political question grounds -without discussing choice of law); Lane v. Halliburton, supra. The evidence of sensitive military decisions persuaded these courts that such cases are not “typical negligence action[s]” where the fact-finder can “draw upon common sense and everyday experience” in determining whether a military contractor acted reasonably. Carmichael, 572 F.3d at 1289. But cf. McMahon v. Presidential Airways, Inc., 502 F.3d 1331, 1359-62 (11th Cir.2007) (<HOLDING>). Differences among the tort regimes of the Options: A. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error B. holding that a contractor failed to show a substantial chance it would have received the contract award but for agency error C. holding that submissions qualified as cda claims when the contractor asserted in writing and with sufficient specificity a right to additional compensation and the contractor communicated his desire for a contracting officer decision D. holding that private contractor failed to demonstrate that claims against it required reexamination of a military decision E. holding that a contractor lacked standing because it failed to show a substantial chance it would have received the contract award but for agency error

assistant: The best answer is D. holding that private contractor failed to demonstrate that claims against it required reexamination of a military decision
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: a “rule” as “each agency statement of general or particular applicability and future effect that implements, interprets, or prescribes law or policy, or describes the organization, procedure, or practice requirements of any agency.” However, “[t]he term does not include regulations concerning only the internal management of an agency and not affecting private rights of or procedures available to the public, nor does the term include declaratory rulings issued pursuant to section 91-8, nor intra-agency memoranda.” HRS § 91-1(4) (emphasis added). Under Hawaii case law, informal policies that relate to an agency’s hiring policies are not “rules” and therefore, are exempt from HAPA’s public rule-making requirements. See Gibb v. Spiker, 68 Haw. 432, 435, 718 P.2d 1076, 1078-79 (1986) (<HOLDING>). PSD’s suspension policy only affects current Options: A. holding that the decision not to rehire the former police chief based on an informal unwritten policy against hiring anyone under investigation for possible criminal wrongdoing was a purely internal management function not within the scope of hrs 9114 B. holding that both law and logic dictate that an unwritten agency policy is reviewable C. holding the chief of police was an atwill employee because the parties agreed that the chief of police was an appointed officer and the citys charter stated that officers shall be appointed and may be removed by the mayor with consent of the council D. recognizing that a showing of scope of employment is unnecessary under a negligent hiring theory E. holding that chief of police was entitled to immunity for demoting police officer pending appeal of hearing officers decision to contrary because although statute made hearing officers decision final and binding statute nowhere addressed enforceability of decision pending appeal thus chief of polices action was discretionary

assistant: The best answer is A. holding that the decision not to rehire the former police chief based on an informal unwritten policy against hiring anyone under investigation for possible criminal wrongdoing was a purely internal management function not within the scope of hrs 9114
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) Each Grantor agrees to pay or reimburse each Secured Party for all its costs and expenses incurred in collecting against such Grantor under the guarantee contained in Section 2 or otherwise enforcing or preserving any rights under this Agreement and the other Loan Documents to which such Grantor is a party, including the fees and disbursements of counsel to each Secured Party and of counsel to the Agent subject to the limitations on payments to such counsel set forth in Section 9.03 of the Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall by 9:00 a.m. (New York City time) on the date hereof, file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity