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 GUARANTEE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF COLORADO. EACH OF THE PARTIES HERETO (A) CONSENTS TO SUBMIT ITSELF TO THE PERSONAL JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED IN DENVER, COLORADO IN THE EVENT ANY DISPUTE ARISES OUT OF THIS GUARANTEE AND (B) AGREES THAT IT SHALL NOT ATTEMPT TO DENY OR DEFEAT SUCH PERSONAL JURISDICTION BY MOTION OR OTHER REQUEST FOR LEAVE FROM ANY SUCH COURT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On or before 5:30 p.m., U.S. Eastern Time, on the fourth trading day immediately following the execution of this Agreement, the Company will file a Current Report on Form 8-K with the SEC describing the terms of the material Transaction Agreements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall commence on the Effective Date and shall remain in effect on a Product-by-Product, Process-by-Process and country-by-country basis until the date on which all Claims that cover the applicable Product or Process in the applicable country have expired or been abandoned, unless this Agreement is terminated earlier in accordance with any of the other provisions of Section 10. Following expiration of this Agreement with respect to a Product or Process in a particular country, as described in the prior sentence, the licenses and rights granted to Company pursuant to Section 2.1 shall remain in effect on a perpetual, royalty-free and non-exclusive basis.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the employment of the Employee terminates following a Change in Control prior to the Maturity Date for any reason not described in Sections 8(b) through (e), the Employee will forfeit the unvested Award, as converted pursuant to Section 8(a).

assistant: Forfeitures
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 become effective as to the Guarantor when a counterpart hereof executed on behalf of the Guarantor shall have been delivered to the Lender and a counterpart hereof shall have been executed on behalf of the Lender, and thereafter shall be binding upon the Guarantor and the Lender and their respective permitted successors and assigns, and shall inure to the benefit of the Guarantor, the Lender and their respective successors and assigns, except that the Guarantor shall not have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly contemplated by this Agreement or the Credit Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: 55% of United States seafood production and accounts for approximately 40% of Alaska’s international exports. Congress did not relinquish its constitutional authority and confer upon states title to, or exclusive regulatory authority over, fish in navigable waters within state boundaries by enacting the Submerged Lands Act (SLA), 43 U.S.C. §§ 130Í-1315. Rather, Congress expressly “retain[ed] all its ... rights in and powers of regulation and control of ... navigable waters for the constitutional purposes of commerce.... ” Id. § 1314(a); see also United States v. Rands, 389 U.S. 121, 127, 88 S.Ct. 265, 19 L.Ed.2d 329 (1967) (concluding that the SLA “left congressional power over commerce ... precisely where it found [it]”); Alaska v. United States, 754 F.2d 851, 853 n. 3 (9th Cir.1985) (<HOLDING>). The SLA conferred upon states concurrent Options: A. holding that wetlands adjacent to navigable waters are included in the term territorial waters B. recognizing that navigable waters railroads and highways are channels of commerce which can be regulated under congress commerce powers C. holding that congress had the authority under the commerce clause to require private riparian land owners to obtain a license prior to construction of dams even where the river in question was not navigable but could potentially have been made navigable D. holding that state ownership of submerged lands remains subject to congress paramount power over navigable waters under the commerce clause E. holding that sovereign immunity barred suit by indian tribe seeking to compel state officials to turn over ownership and control of disputed lands and waters

assistant: The best answer is D. holding that state ownership of submerged lands remains subject to congress paramount power over navigable waters under the commerce clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the victim’s account of the appellant’s previous statement. Had the trial court precluded this testimony, the jury would have been required to assess the victim’s credibility with an incomplete account of relevant evidence relating to her credibility. In these circumstances, the trial court did not abuse its discretion in allowing the state to present the challenged testimony on redirect examination. See, e.g., Love v. State, 971 So.2d 280, 286 (Fla. 4th DCA 2008) (recognizing that the opening the door concept is based on considerations of fairness and the truth seeking function of a trial and may be employed when redirect examination serves to reveal the whole story of a transaction only partly explained in cross examination); see also Williamson v. State, 681 So.2d 688 (Fla.1996) (<HOLDING>). The appellant’s conviction and sentence are Options: A. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness B. holding that section 90403 florida statutes did not preclude testimony that a critical state witness knew that the defendant had previously murdered a child when the credibility of the witness was at issue due to his failure initially to fully cooperate with law enforcement officers investigating the crime for which the defendant was on trial C. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case D. holding that accused has right to crossexamine witness on issue of a witness potential bias that stemmed from the fact that the witness had instituted a civil action for damages against the defendant arising from the crime charged E. holding that evidence that the defendant and a witness sold drugs together was relevant to prove how the witness knew the defendant

assistant: The best answer is B. holding that section 90403 florida statutes did not preclude testimony that a critical state witness knew that the defendant had previously murdered a child when the credibility of the witness was at issue due to his failure initially to fully cooperate with law enforcement officers investigating the crime for which the defendant was on trial
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 be quashed in light of the fact that the order did not appear to be final or appealable. In response, Appellants argued that the trial court’s order was final and appealable under Pa.R.A.P. 341, and, alternatively, that the order was a collateral order subject to an appeal as of right pursuant to Rule 313. The Superior Court nevertheless quashed the appeal in a per curiam order dated April 10, 2015, concluding the trial court’s order denying the petition to intervene was “not a final order in the custody matter and thus not final or appealable.” K.C. and V.C. v. L.A., 499 EDA 2015, 1 (Pa.Super. filed 4/10/15) (order) (citing Pa.R.A.P. 341(b)(1) (“A final order is any order that: (1) dis poses of all claims and of all parties”); G.B. v. M.M.B., Pa.Super. 133, 670 A.2d 714 (1996) (<HOLDING>); Boise Cascade Corp. v. East Stroudsburg Options: A. holding that the uccja applied to a california child custody order granting temporary custody of two children to their father B. holding that a temporary order granting emergency relief and temporary child custody under the domestic violence act is not immediately appealable C. holding order awarding father temporary partial custody prior to custody hearing was not final and appealable under rule 341 D. holding that temporary order amounted to order modifying custody of children because language changed custody for an indefinite period E. holding that temporary order completely transferred custody without setting further hearing writ action was fully terminated and final adjudication of custody was affected

assistant: The best answer is C. holding order awarding father temporary partial custody prior to custody hearing was not final and appealable under rule 341
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 and the Collaboration Agreement and the documents, schedules and exhibits referred to herein or therein constitute the entire agreement between the parties and supersede all prior communications, representations, understandings and agreements of the parties with respect to the subject matter hereof and thereof. No party shall be liable or bound to any other party in any manner by any warranties, representations or covenants except as specifically set forth herein or therein. All schedules and exhibits hereto are hereby incorporated herein by reference. Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall pay to Bank immediately upon demand, in addition to any other amounts due or to become due hereunder, any and all (a) withholdings, interest equalization taxes, stamp taxes or other taxes (except income and franchise taxes) imposed by any domestic or foreign governmental authority and related in any manner to LIBOR, and (b) future, supplemental, emergency or other changes in the LIBOR Reserve Percentage, assessment rates imposed by the Federal Deposit Insurance Corporation or similar requirements or costs imposed by any domestic or foreign governmental authority or resulting from compliance by Bank with any request or directive (whether or not having the force of law) from any central bank or other governmental authority and related in any manner to LIBOR to the extent they are not included in the calculation of LIBOR. In determining which of the foregoing are attributable to any LIBOR option available to Borrower hereunder, any reasonable allocation made by Bank among its operations shall be conclusive and binding upon Borrower.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a dispute with respect to a material fact and such dispute does not prevent the entry of summary judgment.” O’Connor, 382 Md. at 111, 854 A.2d at 1196 (quoting Lippert v. Jung, 366 Md. 221, 227, 783 A.2d 206, 209 (2001)). In other words, a material fact is a fact “necessary to resolve the controversy as a matter of law[.]” Lynx, Inc. v. Ordnance Products, Inc., 273 Md. 1, 8, 327 A.2d 502, 509 (1974). If it is determined that no genuine dispute of material fact exists, “we review the trial court’s ruling on the law, considering the same material from the record and deciding the same legal issues as the circuit court.” Messing, 373 Md. at 684, 821 A.2d at 28 (citation omitted); Anderson v. Council of Unit Owners of the Gables on Tuckerman Condo., 404 Md. 560, 571, 948 A.2d 11, 18 (2008) (<HOLDING>). In conducting our review of a grant of a Options: A. holding that summary judgment is not appropriate if there is a genuine dispute about a material fact B. holding that if no material facts are placed in dispute this court must determine whether the circuit court correctly entered summary judgment as a matter of law citations omitted C. holding summary judgment was not warranted because material facts were in dispute D. holding that claim construction is a matter of law for the court to determine E. holding that this court may affirm a grant of summary judgment on any ground appearing in the record regardless of whether the circuit court relied on it

assistant: The best answer is B. holding that if no material facts are placed in dispute this court must determine whether the circuit court correctly entered summary judgment as a matter of law citations omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of funds from that account, which included loan proceeds.” (Id. at 23.) The transfers, commingling, and exchanges of loan proceeds and other assets by and between GDC and its subsidiaries, including USW and the Borrower Subsidiaries, give rise to Amalgamate,d’s claim that, pursuant to the 2008 Security Agreement, it possesses a security interest in the Subject Funds as Collateral of the Borrower Subsidiaries. The cases extensively cited by the Watts Petitioners which hold that general creditors possess no specific interest in property subject to forfeiture and therefore lack standing to bring a petition in an ancillary proceeding are simply inapplicable to the circumstances giving rise to Amalgamated’s claims. See, e.g., DSI Assocs. LLC v. United States, 496 F.3d 175, 184 (2d Cir.2007) (<HOLDING>); Ribadeneira, 105 F.3d at 834 ([a]s holders of Options: A. holding that 1823e applies only when the fdics interest in a specific asset would be impaired by the alleged secret agreement B. holding that a cause of action for wrongful death is an asset of an estate C. holding that a plaintiff lacks standing to challenge legislation created outside of plaintiffs district absent specific evidence of personal harm D. holding that a claimant without an interest in a particular specific asset lacks standing to initiate ancillary proceeding E. holding that a general creditor does not have a property interest superior to defendants in any particular asset or funds until he has obtained some judgment and secures that asset or those funds

assistant: The best answer is D. holding that a claimant without an interest in a particular specific asset lacks standing to initiate ancillary proceeding
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 has advised you to consult with an attorney of your choosing, concerning this Separation Agreement and Release. You affirm that you have carefully read and fully understand this Separation Agreement and attached Exhibit A and are voluntarily entering this Separation Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Lease shall be ten (10) years, commencing on the Effective Date (the " Commencement Date ") and terminating at 11:59 P.M. Central Standard Time on the tenth (10 th ) anniversary of the Commencement Date (the " Term ").

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications provided for hereunder shall be sent to the addresses and in the manner provided for in Section 13.4 of the Loan Agreement. All such notices and communications shall be effective as provided in Section 13.4 of the Loan Agreement.

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: to June 1, 2013.” (Id). This means that, on average, Plaintiff alleges a loss of roughly $1,912 per month. Assuming that the loss continued to accrue at that rate, at the time of Plaintiffs Motion to Amend the loss would have only equated to a total damages claim of about $40,200. In order to have met the $75,000 threshold, based on the allegation of continuing damages alone, Plaintiff would have had to accrue an additional $57,791, or roughly $4,816 per month, in damages between June 1, 2013 and May 20, 2014. Defendant was given no reason to know or believe that Plaintiff would, after the one year period had run, claim an almost threefold increase in damages or that his damages were allegedly accruing at more than double the rate initially claimed. See Barnett, 973 F.Supp. at 1367 (<HOLDING>). Second, Plaintiff contends that there is no Options: A. holding that since defendant failed to timely remove the original complaint which was removable based on federal question jurisdiction defendant thereby waived its right to file a subsequent removal even though the complaint was amended to add a new federal claim where the amendment to the complaint did not change the nature of the action so as to constitute a substantially new suit since the new allegations and claims were not substantially different from those in the original complaint B. holding that equitable exception to one year limit applied where defendant had no reason to believe that plaintiff would increase the scope of claims after the filing of the original complaint C. holding that the mere metaphysical possibility that some plaintiff could prove some set of facts in support of the pleaded claims is insufficient the complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of mustering factual support for these claims D. holding that the relevant time of inquiry is the date of the filing of the complaint E. holding that the trial court properly struck the amended complaint when the plaintiff offered no reason to refute the trial courts finding that the new allegations in the amended complaint were based on facts the plaintiff had known since the beginning of the action

assistant: The best answer is B. holding that equitable exception to one year limit applied where defendant had no reason to believe that plaintiff would increase the scope of claims after the filing of the original complaint
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS SECOND AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS SECOND AMENDMENT AND ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS SECOND AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Not later than 4:00 p.m. (Chicago time) on the applicable Borrowing Date, the Swing Line Lender shall make available the Swing Line Loan, in immediately available funds, to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Swing Line Lender available to the Borrower on the Borrowing Date at the Administrative Agent’s aforesaid address. Each time that a Swing Line Loan is made by the Swing Line Lender, the Swing Line Lender shall be deemed, without further action by any party hereto, to have unconditionally and irrevocably sold to each Revolving Lender and each Revolving Lender shall be deemed, without further action by any party hereto, to have unconditionally and irrevocably purchased from the Swing Line Lender, a participation in such Swing Line Loan in proportion to its Pro Rata Share.

assistant: Participations
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 PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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: other acts providing there is a ‘reasonable’ basis ... to ... permit[] an inference that defendant had an aberrant sexual propensity that makes it more probable that he or she committed the sexual offense charged”). ¶ 15 Nor were the offenses so remote in time that evidence of each would not have been cross-admissible due to the danger of unfair prejudice. The attacks on Yolanda, Karen, and Melissa occurred within a three-month period. Although the attack on Alisa occurred two years and nine months before the attack on Yolanda, this time interval did not require the trial court to find that the probative value of the evidence of each attack was substantially outweighed by the danger of unfair prejudice. Cf. State v. Arner; 195 Ariz. 394, 395 ¶ 1, 988 P.2d 1120, 1121 (App. 1999) (<HOLDING>); Rule 404 cmt. to 1997 amendment (remoteness Options: A. holding that the trial court did not err by granting defendants motion for summary judgment B. holding that a bankruptcy court did not err in ordering repayment over five years C. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon D. holding that trial court did not err E. holding trial court did not err by permitting evidence that defendant molested another child three years before the victim

assistant: The best answer is E. holding trial court did not err by permitting evidence that defendant molested another child three years before the victim
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: Nova Casualty, 69 Fed.Cl. at 294, would apply this pass dem., 376 F.2d at 893-94. The Federal Circuit and predecessors have long recognized, even prior to the Court’s holdings in Munsey Trust and Pearlman, that a payment-bond surety may become equitably subrogated to both the rights of the subcontractors, whose claims it has paid, and the prime contractor, whose debts it has satisfied. See, e.g., Balboa, 775 F.2d at 1161; United Elec., 647 F.2d at 1086; Globe Indem., 84 Ct.Cl. at 595-96. The Federal Circuit’s statements in Insurance Company of the West about a payment-bond surety’s rights are dicta that cannot be read to have altered the principles of suretyship previously applied by the Supreme Court and this circuit for nearly a century. See Pearlman, 371 U.S. at 141, 83 S.Ct. 232 (<HOLDING>). Finally, the Federal Circuit in Insurance Options: A. holding that the tecon timing rule remains undisturbed B. holding that munsey left the rule in prairie bank and henningsen undisturbed C. recognizing rule D. holding that the rule from prairie state and henningsen was left undisturbed by munsey trust and that it could not say that such a firmly established rule was so casually overruled E. holding that the state court could not procedurally bar a claim through retroactive application of a rule that did not exist at the time the rule would have applied to the petitioners case

assistant: The best answer is D. holding that the rule from prairie state and henningsen was left undisturbed by munsey trust and that it could not say that such a firmly established rule was so casually overruled
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries are insured by insurers against such losses and risks and in such amounts (including, but not limited to, directors and officers insurance coverage) as the Company and its Subsidiaries reasonably believe are adequate for the conduct of their business and is customary for companies of similar size engaged in similar businesses in similar industries.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: other than as expressly authorized in the service , you shall not sell , purchase , redeem or otherwise transfer virtual items or merchandise to any person or entity or attempt any of the aforesaid , including but not limited to supercell , another user or any third party .

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: Unless this Agreement is earlier terminated in accordance with ARTICLE XII, the closing of the Share Purchase (the “ Closing ”) shall take place at the offices of Simpson Thacher & Bartlett, located at 35/F ICBC Tower, 3 Garden Road, Hong Kong, at 10:00 a.m. China Standard time, on the third (3 rd ) Business Day following satisfaction or waiver (to the extent permitted by applicable law) of the conditions set forth in ARTICLE IX, or such earlier date as agreed by the parties in writing. The parties may participate in the Closing via electronic means. The date on which the Closing actually occurs is hereinafter referred to as the “ Closing Date ”.

assistant: Closings
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: 390 U.S. 746 88 S.Ct. 1443 20 L.Ed.2d 276 Pearline SIMSv.Wilbur J. COHEN, Acting Secretary of Health, Education, and Welfare. No. 386, Misc. Supreme Court of the United States October Term, 1967. April 29, 1968 H. H. Gearinger, for petitioner. Solicitor General Marshall, for respondent. Israel Steingold, for the American Trial Lawyers Ass'n, amicus curiae. On Petition for Writ of Certiorari to The United States Court of Appeals for the Sixth Circuit. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is reversed. Hopkins v. Cohen, 390 U.S. 530, 88 S.Ct. 1146, 20 L.Ed.2d 87. 2 THE CHIEF JUSTICE and Mr. Justice WHITE dissent for the reasons stated in the dissenting opinion of Mr. Justice White in Hopkins v. Cohen, 390 U.S. 535, 88 S.Ct. 1149, 20 L.Ed.2d 91. 3 Mr. Justice MARSHALL took no part in the consideration or decision of this case.

assistant: 6
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by the Disclosure Time, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) 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 (i) any registration statement and (ii) 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
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 Portfolio Railcars described on each Delivery Schedule delivered from time to time under the Asset Transfer Agreement are, at the time of the related Conveyance to Issuer, covered by the insurance required by Section 5.03(g) hereof and any applicable Series Supplement, and all premiums due prior to the applicable Delivery Date in respect of such insurance shall have been paid in full and such insurance as of the applicable Delivery Date is in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 142 . Id. at 345-46 (quoting Black’s Law Dictionary 1203 (7th ed.2000)). 143 . That is not to say that the Penal Code’s "coercion” definition requires that the actor actually have intended to carry out the threatened harm. Cf. Velasquez, 772 F.2d at 1357 (regarding federal retaliation statute barring threats of violence or property damage against witnesses, observing that "[i]t ... can make no difference whether the threatener intends to carry out the threat.... When making a threat one hopes not to have to carry it out; one hopes that the threat itself will be efficacious. Most threats, indeed, are bluffs.”). 144 . Accord Board v. State, No. 03-96-00024-CR, 1998 WL 271043, 6-7,-1998 Tex.App. LEXIS 3206, *16-17 (Tex.App.-Austin May 29, 1998, pet. ref'd) (not designated for publication) (<HOLDING>); see Tex. Penal Code § 36.05 ("a person Options: A. holding that the defendant was not prejudiced by the jurys exposure to the dictionary definition of burglary because the definition referenced theft which was not an element the prosecution was required to prove B. holding that threat as used in the coercion definition as that definition is incorporated into section 3605s witnesstampering prohibition was not unconstitutionally vague because nature of threat was informed by the harms enumerated in the definition in that case hatred contempt and ridicule C. holding that the definition of supplier under the ocspa is substantially broader than the definition of debt collector under the fdcpa D. holding that the definition of operating deficits is not ambiguous despite the absence of a definition of the phrase in the contract E. holding that a broad statutory definition of a term that was inconsistent with the terms plain meaning did not affect the terms definition in other contexts

assistant: The best answer is B. holding that threat as used in the coercion definition as that definition is incorporated into section 3605s witnesstampering prohibition was not unconstitutionally vague because nature of threat was informed by the harms enumerated in the definition in that case hatred contempt and ridicule
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: Notices provided for in this Agreement shall be in writing and shall be deemed to have been duly received when delivered in person or on the third business day following deposit in the United States mail, registered or certified mail, return receipt requested: to the address of the Company’s principal offices, Attention: General Counsel, if to the Company; and to the home address of the Employee on file with the Company if to the Employee.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement and the Award evidenced hereby are granted by the Company pursuant to the Plan and are in all respects subject to the terms and conditions of the Plan. The Participant hereby acknowledges that a copy of the Plan has been delivered to the Participant and accepts the PSUs hereunder subject to all terms and provisions of the Plan, which is incorporated herein by reference. In the event of a conflict or ambiguity between any term or provision contained herein and a term or provision of the Plan, then the Plan shall govern and prevail. The construction of and decisions under the Plan and this Agreement are vested in the Committee, whose determinations shall be final, conclusive and binding upon the Participant.

assistant: Construction
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: ineffective assistance of counsel.” Hernandez, supra, 242 F.3d at 114 (citing Jones v. United States, 167 F.3d 1142, 1145 (7th Cir.1999)). However, as a number of courts have found, to allow an ineffective assistance of counsel claim to come forward under Section 2255 and bypass a valid waiver of appellate rights, the scope of inquiry is limited to “those discrete claims which relate directly to the negotiation of the waiver [or the plea agreement] ... ”, Jones, supra, 167 F.3d at 1145, and to the “validity of the plea or the waiver.” United States v. Cockerham, 237 F.3d 1179, 1187 (10th Cir.2001); see also United States v. White, 307 F.3d 336, 343-44 (5th Cir.2002); Davila v. United States, 258 F.3d 448, 450-52 (6th Cir.2001); United States v. Johnson, 347 F.3d 412, 415 (2d Cir.2003) (<HOLDING>). As with all ineffective assistance of counsel Options: A. recognizing such limitations in dicta B. holding that the statute of limitations is nonjurisdictional and defendant expressly waived it observing in dicta that a statute of limitations defense should be raised no later than the trial C. recognizing limitations existence in other circuits D. recognizing that alternative holdings are not dicta E. recognizing such an exception

assistant: The best answer is A. recognizing such limitations in dicta
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: at *3 (S.D.N.Y. Dec.12, 1997) (reviewing arbitration panel’s “interim order” requiring defendant to post security pending a final award); Atlas Assurance Co. of Am. v. American Centennial Ins. Co., No. 90 Civ. 5474, 1991 WL 4741, at *2-*3 (S.D.N.Y. Jan.16, 1991) (confirming interim award directing defendant to fund an escrow account for the benefit of the successful party as determined in the final award); Konkar Maritime Enterprises v. Compagnie Belge D’Affretement, 668 F.Supp. 267, 272 (S.D.N.Y.1987) (confirming arbitrators’ interim order to establish jointly-held escrow account that was intended to establish “security for enforcement of an award in the event that respondent was found liable”); Southern Seas Navigation Ltd. v. Petroleos Mexicanos, 606 F.Supp. 692, 694 (S.D.N.Y.1985) (<HOLDING>); Sperry Int’l Trade v. Government of Israel, Options: A. holding that the plaintiff must prove that the end users directly infringed its patent in order to succeed on its claim of contributory infringement B. holding that absent a collective bargaining agreement which extends the employment period past the end of a particular voyage a seaman is entitled to unearned wages until the end of the voyage C. holding that order reducing the notice of a claim of lien was not interim in the sense of being an intermediate step toward a further end rather it is an end in itself for its very purpose is to clarify the parties rights in the interim period pending a final decision on the merits D. holding that interim awards of attorneys fees are inappropriate where the only relief obtained is a preliminary injunction which may be subsequently overturned on the merits E. holding that where the statutory scheme is clear the inquiry should end

assistant: The best answer is C. holding that order reducing the notice of a claim of lien was not interim in the sense of being an intermediate step toward a further end rather it is an end in itself for its very purpose is to clarify the parties rights in the interim period pending a final decision on the merits
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: Wherever possible, each provision of this Bill of Sale will interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Bill of Sale is found to be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Bill of Sale.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with a four-year figure, the majority erroneously assumes that Paz could have raised an ineffective assistance of counsel claim as soon as his attorney filed Paz’s opening brief in that appeal. That is utter nonsense. In order to make out a claim of ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), a defendant must show not only deficient performance by counsel but also prejudice resulting therefrom. Thus, Paz could not state a claim of ineffective assistance of counsel on appeal under the Strickland test until he had suffered the prejudice of losing on appeal. Hence, the date from which the majority should set its clock is the date the appeal became final. Cf. Chicoine v. Bignall, 122 Idaho 482, 835 P.2d 1293 (1992) (<HOLDING>). Paz’s appeal was decided on June 13, 1990, Options: A. holding that a notice of claim period did not begin to run until discovery of the injury B. holding that the statute of limitations for an attorney malpractice suit did not begin to run until the client had suffered some actual damage C. holding that the statute of limitations for attorney malpractice may begin to run before the plaintiff knows the full extent of his damages D. holding at least under the facts of the case that the statute of limitations in a medical malpractice action did not begin to run until the plaintiff secured a specific medical diagnosis E. holding the statute of limitations does not begin to run until the owning spouse reaches a pay status

assistant: The best answer is B. holding that the statute of limitations for an attorney malpractice suit did not begin to run until the client had suffered some actual damage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to promptly update your account and other information , including your email address and payment method details , so we can complete your transactions and contact you as needed in connection with your transactions .

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: v. Hernandez, 22 F.3d 384, 387 (1st Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 574, 130 L.Ed.2d 490 (1994) (citations omitted), we dismiss the Johnsons’ cross-appeal for lack of appellate jurisdiction. There has been a split in authority among the circuits as to whether the late filing of a notice of a cross-appeal has the same dire jurisdictional consequences as does the late filing of an appeal. Some of the circuits have held that courts should use a “rule of practice” approach allowing more flexibility in administering the 14-day requirement applicable to cross-appeals. See Young Radiator Co. v. Celotex Corp., 881 F.2d 1408, 1415-17 (7th Cir.1989) (citing eases on both sides); United States v. Lumbermens Mutual Casualty Co., Inc., 917 F.2d 654, 662 (1st Cir.1990) (<HOLDING>) (citing Young Radiator). In Young Radiator, Options: A. recognizing circuit split B. recognizing a split of authority C. recognizing split D. recognizing the split but not adopting a rule E. recognizing split among district courts

assistant: The best answer is D. recognizing the split but not adopting a rule
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: 398 U.S. 73 90 S.Ct. 1722 26 L.Ed.2d 57 David L. DANIELv.Clara GOLIDAY et al. No. 1211. Supreme Court of the United States May 25, 1970 PER CURIAM. 1 The court below has held that the Due Process Clause of the Fourteenth Amendment requires a State to provide a recipient of public welfare benefits with notice and a hearing prior to 'termination, suspension, or reduction' of benefits. This Court's subsequent decisions in Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287, and Wheeler v. Montgomery, 397 U.S. 280, 90 S.Ct. 1026, 25 L.Ed.2d 307, decided March 23, 1970, dealt only with termination and suspension, not reduction, of benefits. We think that the bearing of those decisions on the treatment of benefit reductions should be determined in the first instance by the District Court on a record developed by the parties with specific attention to that issue. Accordingly, the judgment is vacated and the case is remanded to the District Court for further proceedings in conformity with this opinion. 2 THE CHIEF JUSTICE, Mr. Justice BLACK, and Mr. Justice STEWART dissent.

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: All rights and powers to manage and control the day-to-day business and affairs of the Company shall be vested in the Advisor. The Advisor shall have the power to delegate all or any part of its rights and powers to manage and control the business and affairs of the Company to such officers, employees, Affiliates, agents and representatives of the Advisor or the Company as it may deem appropriate. Any authority delegated by the Advisor to any other Person shall be subject to the limitations on the rights and powers of the Advisor specifically set forth in this Agreement or the Articles of Incorporation of the Company.

assistant: General