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: This Agreement is the product of negotiations among the Parties, and the enforcement or interpretation hereof, is to be interpreted in a neutral manner, and any presumption with regard to interpretation for or against any Party by reason of that Party having drafted or caused to be drafted this Agreement or any portion hereof, shall not be effective in regard to the interpretation hereof. For purposes of this Agreement, unless otherwise specified: (a) each term, whether stated in the singular or the plural, shall include both the singular and the plural, and pronouns stated in the masculine, feminine, or neuter gender shall include the masculine, feminine, and the neuter gender; (b) all references herein to “Articles,” “Sections,” and “Exhibits” are references to Articles, Sections, and Exhibits of this Agreement; and (c) the words “herein,” “hereof,” “hereunder,” and “hereto,” refer to this Agreement in its entirety rather than to a particular portion of this Agreement. The phrase “reasonable best efforts” or words or phrases of similar import as used herein shall not be deemed to require any party to enforce or exhaust their appellate rights in any court of competent jurisdiction, including, without limitation, the Bankruptcy Court.

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 legal provision and list the applicable contract clause categories. Provision: No waiver or course of dealing shall be established by (a) the failure or delay of the Agent or any Lender to require strict performance by Loan Parties with any terms of the Loan Documents, or to exercise any rights or remedies with respect to Collateral or otherwise; (b) the making of any Loan or issuance of any Letter of Credit during a Default, Event of Default or other failure to satisfy any conditions precedent; or (c) acceptance by the Agent or any Lender of any payment or performance by a Loan Party under any Loan Documents in a manner other than that specified therein. It is expressly acknowledged by Loan Parties that any failure to satisfy a financial covenant on a measurement date shall not be cured or remedied by satisfaction of such covenant on a subsequent date.

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: The execution, delivery and performance of this Agreement by the Company and the consummation by the Company of the Exchange Transactions contemplated will not (a) result in a violation of the Certificate of Incorporation, as amended, or other organizational document of the Company or any of its subsidiaries, any capital stock of the Company or any of its subsidiaries or bylaws of the Company or any of its subsidiaries, (b) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Company or any of its subsidiaries is a party, or (c) result in a violation of any law, rule, regulation, order, judgment or decree (including foreign, federal and state securities laws and applicable to the Company or any of its subsidiaries or by which any property or asset of the Company or any of its subsidiaries is bound or affected except, in the case of clause (ii) or (iii) above, to the extent such violations that could not reasonably be expected to have a material adviser effect on the Company or its subsidiaries.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: qik premium is subject to a fair usage policy of 15gb of video storage per user per month and each video can be no more than 90 minutes in duration .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans shall be used (i) to refinance all existing Indebtedness of the Borrowers under the 2010 Note Documents, (ii) for the payment of fees, costs and expenses relating to the Loan Documents and the transactions contemplated thereby and ( iii ii ) for Permitted Acquisitions, Permitted JV Transactions and ongoing working capital, capital expenditures and other general company purposes, in each case to the extent permitted hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts shall constitute but one and the same instrument which may be sufficiently evidenced by one counterpart. This Agreement may be executed via facsimile or electronic signature, and each such facsimile copy, electronic signature or counterpart shall be deemed an original.

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: the EPA requested this information not-to uncover additional- information about Site operations, PRPs, or Gurley’s assets, but to use “Gurley’s understandably less than adequate recall as a means of attacking him.” Id. at 17. These claims were previously rejected by Judge Turner. See United States v. Gurley, No. 93-2775-TUA, slip, op. at 5-6. As a result, Gurley is es-topped from arguing these same claims a second time. Moreover, even if Gurley was not estopped, the EPA has the authority to seek information from Gurley even if the EPA already possessed-from other sources-some of the information it was seeking from Gurley. See Barkman, 784 F.Supp. at 1189; Crown Roll Leaf I, 19 Envtl. L. Rep. at 20265. See also United States v. Pretty Products, Inc., 780 F.Supp. 1488, 1507 (S.D.Oh.1991) (<HOLDING>). Therefore, Gur-ley was not justified in Options: A. holding that certain dual purpose documents created in response to the epa information request and consent order were protected from discovery by the work product doctrine as they were created because of potential litigation with the epa B. holding that private parties may contract to transfer financial responsibilities under cercla C. holding that a request for information and explanation is not sufficient to constitute a claim absent a demand for action by the insured D. holding claim based on failure to disclose information to the epa preempted E. holding that parties subject to a cercla investigative request may not decide for the epa when they have provided sufficient information

assistant: The best answer is E. holding that parties subject to a cercla investigative request may not decide for the epa when they have provided sufficient information
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 question is whether appellants’ breach of contract claim is “a claim ... for damages arising from the purchase or sale of ... a security [of the debtor].” Id. Claimants concede that the securities that they purchased from Tele-group are common stock. Therefore, if their claims “arise from” the purchase of that stock, then under § 510(b) their claims would have the same priority as common stock, and would be subordinated to the claims of general unsecured creditors. The question of the scope of § 510(b) presents this Court with a matter of first impression. Those courts that have considered the issue appear divided on how broadly the phrase “arising from the purchase or sale of ... a security” should be construed. Compare, e.g., In re Amarex, Inc., 78 B.R. 605, 610 (W.D.Okla.1987) (<HOLDING>), with In re Nal Fin. Group, Inc., 237 B.R. 225 Options: A. holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the instrument B. holding that claims alleging that the debtor fraudulently induced the claimants to retain securities they had purchased from the debtor arise from the purchase or sale of those securities for purposes of 510b C. holding that claims for breach of fiduciary duty do not arise from the purchase or sale of limited partnership interests where the wrongful conduct occurred after the sale of those interests D. holding that a claim for breach of a partnership agreement because it is based on conduct that occurred after the issuance and sale of the partnership units does not arise from the purchase or sale of those units E. holding that under 510b a claim does not arise from the purchase or sale of a security if it is predicated on conduct that occurred after the securitys issuance

assistant: The best answer is E. holding that under 510b a claim does not arise from the purchase or sale of a security if it is predicated on conduct that occurred after the securitys issuance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 397 U.S. 47 90 S.Ct. 811 25 L.Ed.2d 33 Rolf J. KOLDENv. SELECTIVE SERVICE LOCAL BOARD NO. 4. No. 70. Supreme Court of the United States February 24, 1970* Melvin L. Wulf, Chester Bruvold, and Lynn Castner, for petitioner Rolf J. Kolden. John J. Abt, for petition in No. 73. Stanley Faulkner, for petitioner in No. 164. Melvin L. Wulf, for petitioner in No. 183. Robert Eugene Smith, for petitioner Michael J. Kraus. Sheldon M. Meizlish, for petitioners Marc Belding Anderson and others. Solicitor General Griswold, Assistant Attorney General Ruckelshaus, Morton Hollander and Ralph A. Fine, for respondents in Nos. 70, 164, and 183. Solicitor General Griswold, for respondents Michael J. Kraus and Marc Belding Anderson and others. On Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit. PER CURIAM. 1 The petitions for writs of certiorari are granted, the judgments are vacated and the cases are remanded to the respective United States Courts of Appeals for further consideration in light of Breen v. Selective Service Board, 396 U.S. 460, 90 S.Ct. 661. 2 Mr. Justice HARLAN would reverse the judgments in these cases and remand them on the basis of his concurring opinion in Breen v. Selective Service Board, 396 U.S., at 468, 90 S.Ct. 661, and the Court's opinion in Gutknecht v. United States, 396 U.S. 295, 90 S.Ct. 506. * Together with No. 73, Chaikin v. Selective Service Local Board et al.; No. 164, Faulkner v. Laird, Secretary of Defense, et al.; No. 183, Osher v. Selective Service Local Board No. 6 et al.; on petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit; No. 331, Kraus v. Selective Service System Local 25 et al., on petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit; and No. 449, Anderson et al. v. Hershey, National Director, Selective Service System, et al., on petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit.

assistant: 2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate upon resignation, removal or failure of Nominee to be appointed or re-appointed by the Company’s shareholders as a director of the Company as provided for in the Company’s bylaws or as provided for under Nevada law, provided that any provision of this Agreement not capable of performance prior to termination shall survive, shall survive such termination for the period necessary for performance.

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: Judge. Angie Terry Naylor (“the mother”) appeals from a custody-modification judgment entered by the Lawrence Circuit Court on October 22, 2006. Although the issue has not been addressed by either party, this court must first determine whether it has jurisdiction over this appeal. “Jurisdictional matters are of such importance that a court may take notice of them ex mero motu. ” McMurphy v. East Bay Clothiers, 892 So.2d 395, 397 (Ala.Civ.App.2004). “[T]he question whether a judgment is final is a jurisdictional question.” Johnson v. Johnson, 835 So.2d 1032, 1034 (Ala.Civ.App.2002). In this case, the tri la.Civ.App.2001) (<HOLDING>). Because a nonfinal judgment will not support Options: A. holding that the court could award child support without a showing of changed circumstances where the original divorce decree awarded child support to be set after a specified time upon petition to the court B. holding that review of nonfinal orders determining child custody in child dependency proceedings is not encompassed by rule 9130a3ciii which permits review of nonfinal orders determining child custody in domestic relations cases C. holding a judgment that reserved the issue of child support pending the mothers taking an examination to obtain her nursing license to be nonfinal D. recognizing that nonfinal orders may be revised at any time before a final judgment is entered E. holding a judgment that stated that child support would be determined upon submission of cs41 forms by the parties to be nonfinal

assistant: The best answer is E. holding a judgment that stated that child support would be determined upon submission of cs41 forms by the parties to be nonfinal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For the purpose of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given upon satisfaction of both (i) and (ii) set forth below: (i) via email to the email address on the signature page hereof and (ii) via mail when delivered or mailed by United States registered mail, return receipt requested, postage prepaid, addressed to the Company at its principal office address, directed to the attention of the Board with a copy to the Secretary of the Company, and to Employee at Employee’s residence address on the records of the Company or to such other address as either party may have furnished to the other in writing in accordance herewith except that notice of change of address shall be effective only upon receipt.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of an exciting event, and the declarant’s personal perception of it. See McLaughlin v. Vinzant, Fort Worth 1999, pet. ref'd). Assuming that Anderson learned of the shooting by a source, other than first-hand knowledge, the trial court could have reasonably found that Anderson’s statement to Cabbie “related to a startling event,” that event being acquiring knowledge that appellant killed someone, and that Anderson was still under the “emotional stress of the excitement caused by the event or condition.” See Salazar, 38 S.W.3d at 154-55. Anderson’s Source of Knowledge Appellant argues that Anderson’s source of knowledge of the shooting is critical because Anderson may have ding that Anderson was still dominated by the emotions caused by the shooting. See Zuliani, 97 S.W.3d at 596 (<HOLDING>). Cabbie testified that when Anderson arrived Options: A. holding that the most critical factor is the degree of success obtained B. holding statement must be made contemporaneously with the excitement or stresscausing event C. holding that testimonial evidence is admissible only if the declarant is unavailable and the defendant had a prior opportunity to crossexamine the declarant D. holding that the most critical factor in the analysis of a reasonable fee is the degree of success obtained E. holding that critical factor is whether the declarant was still dominated by the emotions excitement fear or pain of the event

assistant: The best answer is E. holding that critical factor is whether the declarant was still dominated by the emotions excitement fear or pain of the event
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: Notwithstanding any other provision of this Section 8.5 , the General Partner may keep confidential from the Limited Partners, for such period of time as the General Partner determines in its sole and absolute discretion, any information that (i) the General Partner reasonably believes to be in the nature of trade secrets or other information the disclosure of which the General Partner in good faith believes is not in the best interests of the Partnership or could damage the Partnership or its business or (ii) the Partnership or the General Partner is required by law or by agreements with unaffiliated third parties to keep confidential, provided, however, that this Section 8.5.D shall not affect the notice requirements set forth in Section 8.5.C above.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: notwithstanding the foregoing , if you have prepaid fees for paid subscriptions that spotify permanently discontinues prior to the end of the pre-paid period ( defined in the payments , cancellations , and cooling off section ) , spotify will refund you the prepaid fees for the pre-paid period after such discontinuation .

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: authority. Mangold Midwest Co. v. Vill. of Richfield, 274 Minn. 347, 357, 143 N.W.2d 813, 820 (1966). Among other powers, they may enact ordinances and regulations to promote the health, safety, and welfare of residents. Minn.Stat. §§ 410.07, 412.221, subd. 32 (2010). However, the state may “limit the power of a city to act in a particular area,” for example by fully occupying a field of legislation and preempting local regulation in that field. City of Morris v. Sax Invs., Inc., 749 N.W.2d 1, 6 (Minn.2008). The legislature’s purpose in enacting the state building code was to set forth a uniform standard for the construction, reconstruction, alteration, and repair of buildings throughout the state. Minn.Stat. §§ 326B.101, .121, subd. 1(a); see also City of Morris, 749 N.W.2d at 7 (<HOLDING>). Prior to its adoption, municipalities Options: A. recognizing that code is speech B. holding that the uniform commercial code specifically encompassed a software licensing agreement C. holding that a memorandum referring to the allocation of stock ownership did not satisfy 8319 of the uniform commercial code D. recognizing that source code is speech but not reaching the object code issue E. recognizing the purpose of a uniform statewide building code

assistant: The best answer is E. recognizing the purpose of a uniform statewide building code
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: An Employee’s Employment shall equal the total aggregate periods of his regular, full-time employment with an Employer. Periods of Employment are aggregated on the basis that one calendar month of Employment equals one month and each additional 30 days of Employment equals one month. Notwithstanding the foregoing, (a) periods of employment with Vernon Tool Co., LTD prior to November 30, 2007, shall not be treated as Employment for any purpose under the Plan; (b) in the case of an Employee of Kaliburn, Inc., Employment shall include periods of employment with ITT Corporation prior to November 14, 2012, provided that such Employee was an “Employee” (as defined in the Plan) on November 14, 2012; (c) in the case of a Former Weartech Plan Participant who is an Employee on August 29, 2016, Employment shall include periods of regular, full-time employment with Weartech International, Inc. prior to August 29, 2016; and (d) in the case of a Former Harris Plan Participant who is an Employee on August 1, 2017, Employment shall include periods of regular, full-time employment with J.W. Harris Co., Inc. prior to August 1, 2017.

assistant: Employment
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 Participant acknowledges that a waiver by the Company of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by Participant or any other participant.

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 case excerpt and choose the best holding from the options. Case excerpt: discriminating against her on the basis of her age. Section 1983 “is not itself a source of substantive rights, but a method for vindicating federal rights elsewhere conferred by those parts of the United States Constitution and federal statutes that it describes.” Baker v. McCollan, 443 U.S. 137, 145 n. 3, 99 S.Ct. 2689, 61 L.Ed.2d 433 (1979). For claims under § 1983, a plaintiff must prove that “(1) the challenged conduct was attributable at least in part to a person who was acting under color of state law and (2) the conduct deprived the plaintiff of a right guaranteed under the Constitution of the United States.” Snider v. Dylag, 188 F.3d 51, 53 (2d Cir.1999) (citation omitted). Here, for purposes of pending cross-motions for summary judgment, the parties do not dispu (2d Cir.1989) (<HOLDING>); Shapiro v. N.Y.C. Dep’t of Educ., 561 Options: A. holding that mcdonnell douglas burdenshifting approach applies to claims brought under the adea B. holding that adea and phra claims proceed under the mcdonnell douglas framework C. holding that the mcdonnell douglas framework applies equally to ada and rehabilitation act cases D. holding that the mcdonnell douglas burdenshifting framework applies to retaliation claims in the same manner as to discrimination claims E. holding that threestep analysis outlined in mcdonnell douglas applies to claims brought under 1983

assistant: The best answer is E. holding that threestep analysis outlined in mcdonnell douglas applies to claims brought under 1983
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the order. III. CONCLUSION We AFFIRM the superior court’s order setting aside the original decree of dissolution. We VACATE the amended decree of divorce and the property division order incorporated therein. We AFFIRM the award of full attorney’s fees to Ms. Song for defending against Mr. Song’s motion to set aside the Rule 60(b) order. We VACATE the award of partial attorney’s fees to Ms. Song-under Rule 82(b)(1) for prevailing on her request to modify the property division. We REMAND this case for further proceedings as directed in this opinion. 1 . See Lowe v. Lowe, 817 P.2d 453, 456 (Alaska 1991). 2 . Alaska R. Civ. P. 60(b)(3). 3 . Alaska R. Civ. P. 60(b). 4 . Id. 5 . 915 P.2d 1222 (Alaska 1996). 6 . Id. at 1224. 7 . Cf. Schofield v. Schofield, 111 P.2d 197, 202 (Alaska 1989) (<HOLDING>); Alaska Placer Co. v. Lee, 502 P.2d 128, 131 Options: A. holding trial court did not abuse its discretion in finding violation was willful and substantial B. holding that superior court did not abuse its discretion in finding that rule 60b6 motion was made within a reasonable time C. holding that district court did not abuse its discretion in declining to extend time for service of process under rule 4m D. holding that the trial court did not abuse its discretion in determining that a tenmonth delay in filing a dismissal motion was reasonable E. holding that district court did not abuse its discretion in determining that motion to set aside default made at least seven months after defendant learned of entry of default was not made within a reasonable time

assistant: The best answer is B. holding that superior court did not abuse its discretion in finding that rule 60b6 motion was made within a reasonable time
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: Maryland Lloyds being such a carrier, the statute on its face precludes the award of attorney’s fees. Any confusion has been injected by the judiciary’s application, not by the Legislature’s writing. II The Fifth Circuit, in attempting to interpret the statute, has generally held that attorney’s fees ' cannot be recovered against the listed types of insurance companies. See Lafarge Corp. v. Hartford Cas. Ins. Co., 61 F.3d 389, 402-03 (5 th Cir.1995); Bituminous Cas. Corp. v. Vacuum Tanks, Inc., 975 F.2d 1130, 1133 (5 th Cir.1992); see also Reynolds v. Allstate Ins. Co., 633 F.2d 1208, 1209 (5th Cir.1981)(reaching same result under Art. 2226). But one case seems to be contrary. See Gulf Chem. & Metallurgical Corp. v. Associated Metals & Minerals Corp., 1 F.3d 365, 373 (5 th Cir.1993)(<HOLDING>). The Fifth Circuit’s holdings in Bituminous Options: A. holding that chapter 38 permits an insured to recover attorney fees from the insurer B. holding that insured may recover attorneys fees from insurer where insurer acts in bad faith C. holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured D. holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured E. holding defendant that did not present its own claim under chapter 38 could not recover attorneys fees

assistant: The best answer is A. holding that chapter 38 permits an insured to recover attorney fees from the insurer
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 the SSP may be amended at any time and from time to time by the Compensation Committee for any reason without either the consent of or prior notice to any Participant; provided, however , that no such amendment shall serve to reduce the benefit that has accrued on behalf of a Participant as of the effective date of the amendment. Notwithstanding the foregoing, the Administrative Committee may adopt any amendment to the SSP as it shall deem necessary or appropriate to (i) maintain compliance with current laws and regulations; (ii) correct errors and omissions in the SSP document; and (iii) facilitate the administration and operation of the SSP.

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: not part of the Superior Court’s docket — does not reference Brown’s “Constitutional Complaint.” 3 In their brief, the People contend that this Court should dismiss Bro wn’s appeal as untimely. This Court, however, already resolved the issue of the timeliness of this appeal in our September 27, 2010 Opinion. See Brown v. People, S. Ct. Crim. No. 2007-0063, 2010 V.I. Supreme LEXIS 74 (V.I. Sept. 27, 2010). Importantly, because the People failed to file any documents with this Court in response to our September 1, 2010 Order, Brown’s September 15,2010 Response, or this Court’s September 27,2010 Opinion, the People have waived any arguments with respect to both the timeliness issue and the correctness of the September 27, 2010 Opinion. See Vazquez v. Vazquez, 54 V.I. 485, 490 (V.I. 2010) (<HOLDING>). 4 The statute, 14 V.I.C. § 2256, was amended Options: A. holding that where plaintiff fails to raise issue of timeliness of departments hearing at administrative level the issue is waived on appeal B. holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to appeal C. holding that timeliness of filing of notice of appeal is a jurisdictional issue D. holding an appellate brief may serve as a notice of appeal E. holding that an appellee who fails to file any documents in response to timeliness show cause order or order deeming appeal timely may not relitigate issue of timeliness in appellate brief because a timely notice of appeal is a claimsprocessing rule rather than a jurisdictional requirement

assistant: The best answer is E. holding that an appellee who fails to file any documents in response to timeliness show cause order or order deeming appeal timely may not relitigate issue of timeliness in appellate brief because a timely notice of appeal is a claimsprocessing rule rather than a jurisdictional requirement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: between Gant and Edwards, compare supra n ght of the defense to exercise peremptory challenges, which ordinarily is exercised by counsel, can require direct consultation with the defendant and something more than second hand descriptions of the prospective jurors' responses to questions during voir dire.”); cf. United States v. Fontenot, 14 F.3d 1364, 1369-70 (9th Cir.1994) (rejecting a Rule 43(a) challenge brought by a defendant who "was absent from the peremptory challenge conference” on the ground that the defendant "was present for the jury voir dire” and "had the opportunity to discuss his misgivings with counsel during and immediately following voir dire, prior to exercising his peremptory challenges”). 35 . See, e.g., Cohen v. Senkowski, 290 F.3d 485, 490 (2d Cir.2002) (<HOLDING>); United States v. Gayles, 1 F.3d 735, 738 (8th Options: A. holding that the constitutional right to present a defense is not violated by the exclusion of a defendants proffered evidence where he is otherwise given the opportunity to present his defense and crossexamine the key prosecution witnesses B. holding that the constitutional right to be present is satisfied so long as the defendant is given an opportunity to register his opinions with counsel after juror questioning and is present when the exercise of strikes is given formal effect even if the defendant is not present when his lawyer actually exercises the peremptory challenges C. recognizing constitutional right to be present when sentence is imposed D. holding that the defendants were not denied their right to be present during the peremptory strike phase of jury selection where they were present during voir dire had a chance to confer with counsel before the jury was impaneled and were present in the courtroom when the peremptory strikes were given actual effect by the clerks reading off the list E. holding that a defendant did not waive his right to be present at an ex parte encounter between the judge and juror because he was not present at the time of the communication and therefore had no opportunity to object when the error was committed

assistant: The best answer is B. holding that the constitutional right to be present is satisfied so long as the defendant is given an opportunity to register his opinions with counsel after juror questioning and is present when the exercise of strikes is given formal effect even if the defendant is not present when his lawyer actually exercises the peremptory challenges
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 the event of any disputes or controversies arising from this Agreement or its interpretation, the party or parties prevailing in a court of competent jurisdiction, or receiving a settlement payment, will be entitled to receive reasonable legal fees and related costs and expenses.

assistant: Costs
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 not be changed or altered, except by a writing signed by both Parties. Until such time as this Agreement has been executed and subscribed by both Parties hereto: its terms and conditions and any discussions relating thereto, without any exception whatsoever, shall not be binding nor enforceable for any purpose upon any party. This Agreement constitutes an integrated, written contract, expressing the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes any and all prior agreements and understandings, oral or written, between the Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: compensation plans; they refused. CNB did not pay the wages, severance pay, and benefits required under the contracts. That same month, Stockwell and Larose filed an action against CNB and its directors challenging the bank’s actions in terminating, refusing to honor, or interfering with their employment agreements. CNB filed a motion to dismiss on grounds that the National Bank Act, 12 U.S.C. § 24, para. 5 (1988), precluded their claims. Six of the seven counts asserted claims grounded in state law. The circuit court dismissed the amended complaint, holding that all six of the state law counts were preempted by the National Bank Act. The circuit court followed the Third District Court of Appeal’s opinion in International Bank of Miami v. Bennett, 513 So.2d 1294 (Fla. 3d DCA 1987) (<HOLDING>). Stock-well and Larose did not further amend Options: A. holding successor national bank liable for punitive damages judgment against bank that merged into successor national bank B. holding that for diversity purposes a national bank is a citizen of the state of its principal place of business and the state listed in its organizational certificate C. holding that the national bank act preempts state regulation of the posting order of debit card transactions as well as any obligation to make specific affirmative disclosures to bank customers D. holding a bank liable where a bank officer held checks that were intended to pay the irs for withheld taxes E. holding that the national bank act preempts state law claims challenging termination of national bank officers and voids a contractual promise to pay severance upon early termination

assistant: The best answer is E. holding that the national bank act preempts state law claims challenging termination of national bank officers and voids a contractual promise to pay severance upon early termination
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: 484, 488; 596 NW2d 607 (1999). 17 MRE 801(c). 18 MRE 802 (“Hearsay is not admissible except as provided by these rules.”). 19 MRE 803A (emphasis added). 20 This Court first recognized the common-law tender years rule in People v Gage, 62 Mich 271; 28 NW 835 (1886), as a permissible rule to allow hearsay in order to corroborate the testimony of a child complainant. “The rule in this State is that where the victim is of tender years the testimony of the details of her complaint may be introduced in corroboration of her evidence, if her statement is shown to have been spontaneous and without indication of manufacture; and delay in making the complaint is excusable so far as it is caused by fear or other equally effective circumstance.” People v Baker, 251 Mich 322, 326; 232 NW 381 (1930) (<HOLDING>). However, this Court held in People v Kreiner, Options: A. holding that because the record in the case had not been developed sufficiently to determine whether a childs statement was admissible under the tender years exception a new trial was warranted B. holding that only selfinculpatory aspects of hearsay statement but not other parts of statement are admissible under exception for statements against penal interest C. holding also that only a childs first statement made is admissible under the exception D. holding that videotape was admissible under rule 801e1b as prior consistent statement because defense challenged childs credibility E. holding multiple statements by childvictim and childs mother admissible under residual exception

assistant: The best answer is C. holding also that only a childs first statement made is admissible under the exception
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: Holtzman, 60 N.Y.2d 46, 454 N.E.2d 522, 525, 467 N.Y.S.2d 182 (N.Y. 1983), most appellate courts to consider the question have held that — even in the absence of explicit statutory authorization permitting delegation of a particular function — an attorney general or similar official may delegate prosecutorial duties to assistants authorized to practice law, given the impossibility of personal performance of every statutory duty. See United States v. Kleve, 465 F.2d 187, 190 (8th Cir. 1972) (“Defendants’ contention that the Assistant United States Attorney in charge of the prosecution cannot be delegated authority by the United States Attorney to file the certificate lacks merit.”) (interpreting 18 U.S.C. § 3731); see also United States v. Jackson, 544 F.3d 1176, 1184 (11th Cir. 2008) (<HOLDING>); United States v. Hawthorne, 235 F.3d 400, 404 Options: A. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process B. holding that assistant united states attorney may file information requesting sentence enhancement based on prior conviction even though statute says that information must be filed by the united states attorney C. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states D. holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states E. holding that it would be improper for a united states district attorney to prosecute a defendant using information the prosecutor had obtained while acting as the accuseds private attorney

assistant: The best answer is B. holding that assistant united states attorney may file information requesting sentence enhancement based on prior conviction even though statute says that information must be filed by the united states attorney
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: irrespective of the country from which you access or use the skyscanner services and/or skyscanner platforms , to the extent permitted by law these terms and your use of the skyscanner services and/or skyscanner platforms shall be governed in accordance with the laws of england and wales and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of england and wales to resolve any disputes which may arise hereunder .

assistant: Choice of law, Jurisdiction
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 Derouin residence. This testimony corroborates the accuracy of Michelle’s prior statement. The only facts going against admission are from Michelle’s testimony. Her testimony alone, under Alvarado, is not enough to support suppression of the statement when there are sufficient indicia of the statements accuracy to admit it. CONCLUSION The trial court abused its discretion in failing to properly apply Alvarado. In applying Alvarado’s totality of the circumstances test to this case, we find sufficient indicia of its reliability and admit Michelle’s past recorded recollection. The issue here is not whether the statement is admissible, but the weight to be accorded to the statement in the face of Michelle’s current testimony. We remand for further proceeding W.2d[ 298,] 302 [(1980)] (<HOLDING>). Understandably, where a prior statement was Options: A. holding that hearsay within a police report was inadmissible B. holding that police report of witnesss statement was inadmissible because witness had not adopted report as accurate when matter was fresh in his memory C. holding that denying admission of police officers typewritten notes of witnesss statement was proper where witness never adopted statements as true and accurate D. holding that a department of defense report was inadmissible E. holding that witness statements in police report inadmissible

assistant: The best answer is B. holding that police report of witnesss statement was inadmissible because witness had not adopted report as accurate when matter was fresh in his memory
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: "Unauthorised Persons" means officers, employees or advisers of the Recipient who are not required to have access to the Confidential Information for the Purpose, and any other person who is not a party to this agreement. In consideration of each party disclosing its Confidential Information to the other party for the Purpose, the Recipient must ensure that Confidential Information is:  not disclosed to any Unauthorised Person; The Recipient must ensure that access to Confidential Information is only given to those of its officers, employees and advisers who require access for the Purpose, and that those officers, employees and advisers are informed of the confidential nature of the Confidential Information and keep that information confidential.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH GUARANTOR HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR UNDER ANY OTHER TRANSACTION DOCUMENT OR IN CONNECTION WITH OR ARISING OUT OF THIS GUARANTY, ANY OTHER TRANSACTION DOCUMENT OR ANY TRANSACTION CONTEMPLATED HEREBY OR THEREBY.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to his ability to eat and digest food, simply do not rise to a substantial level.” (internal quotation marks omitted)); Shields v. Robinson-Van Vuren Assocs., No. 98-CV-8785, 2000 WL 565191, at *4-5 (S.D.N.Y. May 8, 2000) (finding that dietary modification required to control Plaintiffs diabetes mellitus does not constitute a restriction on the activity of eating and noting that it is the nature of the limitation that is at issue); accord Land v. Baptist Med. Ctr., 164 F.3d 423, 425 (8th Cir.1999) (affirming summary judgment on basis that child with potentially li ndition is a cognizable disability under the NYHRL, but the Court finds that at least a triable issue of fact has been raised on the matter. See Epstein v. Kalvin-Miller Int’l, Inc., 100 F.Supp.2d 222, 229-30 (S.D.N.Y.2000) (<HOLDING>). The NYHRL requires an employer to “provide Options: A. holding plaintiffs type ii diabetes even as treated to be nyhrlcovered medical disability B. holding that an individual alleged a disability under the ada because he was blind in one eye and had severe diabetes causing him to fall asleep at unpredictable times C. holding that title ii does not apply to the states D. holding that motion to dismiss cannot be treated as summary judgment E. holding that title ii of the ada is not applicable to the federal government

assistant: The best answer is A. holding plaintiffs type ii diabetes even as treated to be nyhrlcovered medical disability