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: There are no (i) actions, suits, complaints, claims, investigations, causes of action, subpoenas or proceedings, at Law or in equity, outstanding or, to the knowledge of the Vendor, threatened or pending against the Vendor, or (ii) orders outstanding against the Vendor which, in either case, prohibit, make illegal or seek to enjoin or restrain the Transactions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the trademark holder. Echo Travel, Inc. v. Travel Assocs., Inc., 870 F.2d 1264, 1270 (7th Cir.1989) ("A party’s subjective, self-serving view of its own alleged trademark is not competent evidence on which to base a finding of secondary meaning.”); Co-Rect Prods., Inc. v. Marvy! Adver. Photography, Inc., 780 F.2d 1324, 1332 (8th Cir.1985) ("[Djesires or intentions of the creator ... are irrelevant. Instead, it is the attitude of the consumer that is important.”); Seabrook Foods, Inc. v. Bar-Well Foods Ltd., 568 F.2d 1342, 1345 (C.C.P.A.1977) ("[R]e-gardless of the [mark owner's] intentions, it is the association, by the consumer, of the ... design with the [mark owner] as the source that is determinative.”); Plastilite Corp. v. Kassnar Imports, 508 F.2d 824, 827 (C.C.P.A. 1975) (<HOLDING>). 11 . The Court has estimated the number of Options: A. recognizing that the primary source for determining whether a contract is clear is the text of the document itself when an instrument is unambiguous it construction and legal effect will be based upon what is found within its four corners B. holding that it is not C. holding that intent is a separate element and evidence relating to intent is irrelevant to determining whether an object is a criminal instrument D. holding that determining legislative intent is a question of law E. holding that in determining distinctiveness it is the association of the mark with a particular source by the ultimate consumers which is to be measurednot applicants intent in adopting the mark

assistant: The best answer is E. holding that in determining distinctiveness it is the association of the mark with a particular source by the ultimate consumers which is to be measurednot applicants intent in adopting the mark
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 Agreement, to the extent that Indemnitee is or may be, by reason of Indemnitee’s Corporate Status, made a witness or otherwise asked to participate in any Proceeding, whether instituted by the Company or any other person, and to which Indemnitee is not a party, Indemnitee shall be advanced and indemnified against all Expenses actually and reasonably incurred by Indemnitee or on Indemnitee’s behalf in connection therewith within ten days after the receipt by the Company of a statement or statements requesting any such advance or indemnification from time to time, whether prior to or after final disposition of such Proceeding. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee. In connection with any such advance of Expenses, the Company may require Indemnitee to provide an undertaking and affirmation substantially in the form attached hereto as Exhibit A or in such form as may be required under applicable law as in effect at the time of the execution thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: opinion in this ease was decided during the preliminary injunction stage does not impact the applicability of the law-of-the-case doctrine in this case. Rather, the prior panel clearly determined that § 16-12-80 banned all advertising to even legal consumers, and, thus, violated the plaintiffs’ First Amendment rights. As such, this Court’s prior legal conclusion was binding on the district court, just as it is now binding on us. See Roe v. State of Alabama, 68 F.3d 404, 408 (11th Cir.1995) (applying the law of the case and stating that “[ajlthough the law established by the prior panel was announced in a preliminary injunction posture, ... the principle of law adopted was clear”); Nat’l Airlines, Inc. v. Int’l Assoc. of Machinists & Aerospace Workers, 430 F.2d 957, 960 (5th Cir.1970) (<HOLDING>) (internal punctuation and citations omitted). Options: A. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal B. holding that under the law of the case doctrine an issue of fact or law decided on appeal may not be reexamined by the appellate court on a subsequent appeal C. holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it D. recognizing that the lawofthecase doctrine applies to preliminary injunctions and stating that tjhe exception to law of the case where evidence on a subsequent trial is substantially different is inapplicable where by the prior appeal the issue is not left open for decision E. holding that application of the doctrine of law of the case is discretionary and that a district court abuses its discretion in applying the law of the case doctrine only if 1 the first decision was clearly erroneous 2 an intervening change in the law occurred 3 the evidence on remand was substantially different 4 other changed circumstances exist or 5 a manifest injustice would otherwise result

assistant: The best answer is D. recognizing that the lawofthecase doctrine applies to preliminary injunctions and stating that tjhe exception to law of the case where evidence on a subsequent trial is substantially different is inapplicable where by the prior appeal the issue is not left open for decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: reasonable inferences in the plaintiffs favor.’ ” Matera v. Native Eyewear, Inc., 355 F.Supp.2d 680, 681 (E.D.N.Y.2005) (quoting Fisher v. Hopkins, No. 02 Civ. 7077, 2003 WL 102845, at *2 (S.D.N.Y. Jan. 9, 2003)). B. Pendent Venue In the complaint, the Plaintiff asserts claims for legal malpractice, breach of fiduciary duty, and fraud/fraudulent inducement. Although all three of these causes of action are grounded in state law, the Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1338(a) because the legal malpractice and breach of fiduciary duty claims turn on a question of federal patent law — i.e., whether the Hannon Applications are anticipated by the Fire Patent or other prior art. See Immunocept, LLC v. Fulbright & Jaworski, LLP, 504 F.3d 1281, 1284-86 (Fed.Cir.2007) (<HOLDING>). The fraud claims relate to the impropriety of Options: A. holding that the first grable requirement was met where the plaintiff in order to prevail on his legal malpractice claim had to show that he would have prevailed on his claim under federal patent law B. holding that 1338a jurisdiction inures when a complaint establishes that federal patent law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal patent law in that patent law is a necessary element of one of the wellpleaded claims C. holding that the court of federal claims had pendant jurisdiction over a state law contract claim that was part of the same case as a claim over which the court of federal claims had jurisdiction pursuant to 28 usc 1498b D. holding that the district court had jurisdiction pursuant to 28 usc 1338a over a legal malpractice claim that was based upon an alleged attorney error in drafting a patent claim in a manner that narrowed the scope of the patent E. holding patent policy incorporated by reference into patent agreement

assistant: The best answer is D. holding that the district court had jurisdiction pursuant to 28 usc 1338a over a legal malpractice claim that was based upon an alleged attorney error in drafting a patent claim in a manner that narrowed the scope of the patent
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: Duke neither reported nor evaluated this diagnosis. Further, one month prior to the filing of this suit, Dr. Chen, a Duke cardiopulmonary radiolo error. II. Next, Duke argues that the trial court erred in denying its motion for JNOV because there was no competent evidence that “any of the treating physicians alleged to have been negligent was an agent of Duke.” A motion for JNOV is treated as a renewal of the motion for directed verdict. See Maintenance Equip. Co. v. Godley Builders, 107 N.C. App. 343, 353, 420 S.E.2d 199, 204 (1992); N.C. Gen. Stat. § 1A-1, Rule 50(b)(1) (1990). Thus, a movant cannot assert grounds on a motion for JNOV that were not previously raised in the directed verdict motion. See Lassiter v. English, 126 N.C. App. 489, 492-93, 485 S.E.2d 840, 842 (1997) (<HOLDING>). Because Duke never asserted this agency Options: A. holding that some evidence was presented to support the jurys verdict that defendant breached contract and therefore trial court did not err in denying defendants motion for directed verdict or jnov B. holding that objection made at directed verdict stage and in motion for new trial were timely C. holding party that filed motions for summary judgment directed verdict and jnov preserved complaint drat issue should not have been submitted to jury even though party submitted jury questions on same issue D. holding that a party must have made a directed verdict motion at trial on the specific issue which is the basis of the jnov E. holding that the trial court erred in granting the school boards posttrial motion for directed verdict because although the school board timely moved for a directed verdict during trial it did not serve its motion for directed verdict until the eleventh day after the verdict

assistant: The best answer is D. holding that a party must have made a directed verdict motion at trial on the specific issue which is the basis of the jnov
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 Addendum may not be altered, amended or modified in any way except by a written instrument referencing this Addendum signed by the Company and the Holder. The Company and the Holder agree that this Addendum is sufficient to satisfy any requirements set forth in the October Financing Documents with respect to the amendment thereof and that no further action or writing is needed under such provisions.

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

user: 4.1. The provisions of this Agreement shall not apply to information: 4.1.4. which is required to be disclosed by law, provided that, to the extent the Receiving Party is not prohibited from doing so by law, it undertakes to give the Disclosing Party not less than two business days’ notice of such requirement of disclosure and, to such extent, will make such disclosure in the manner and with the content agreed by the Disclosing Party.

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: The Parent agrees to reimburse the Bank for all reasonable out-of-pocket costs and expenses of the Bank in connection with the preparation, execution and delivery of this Amendment, including without limitation the reasonable fees and expenses of Moore & Van Allen PLLC.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: judgment procedure. But the district court did not abuse its discretion in denying their Rule 60(b) motion. See Edward H. Bohlin Co., 6 F.3d at 357 (“Gross carelessness, ignorance of the rules, or ignorance of the law are insufficient bases for 60(b)(1) relief.”). The Sangis also contend that the district court should have granted the motion to reconsider based on newly discovered evidence. Rule 60(b)(2) permits relief for evidence “which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b)”). The district court did not abuse its discretion in denying Rule 60(b)(2) relief because the record indicates that the Sangis did not pursue discovery with due diligence. See New Hampshire Ins. Co. v. Martech USA, Inc., 993 F.2d 1195, 1201 (5th Cir.1993) (<HOLDING>). Moreover, the Sangis have failed to show that Options: A. holding that prisoner must demonstrate that interference with his legal mail actually injured him in order to succeed on a righttocourtaccess claim B. holding that movant must demonstrate that irreparable injury is likely in the absence of an injunction C. holding that to show good cause a movant must demonstrate that despite their diligence they could not meet the original deadline D. holding that a defendant must show actual prejudice to succeed on an ineffective assistance of counsel claim E. holding a movant must demonstrate that it exercised due diligence in obtaining the information to succeed on a motion brought under 60b2

assistant: The best answer is E. holding a movant must demonstrate that it exercised due diligence in obtaining the information to succeed on a motion brought under 60b2
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: aggravating circumstances, at least one of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed, includes a finding that “[t]he murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.” The trial judge in Pizzuto’s case found that this factor, along with four others, existed beyond a reasonable doubt. The petitioner asserts that this aggravating factor is unconstitutionally vague. The Supreme Court has held that the state must “channel a [capital] senteneer’s discretion by ‘clear and objective standards’ that provide ‘specific and detailed guidance,’ and ‘make rationally reviewable the proce lding “depravity of mind” to be unconstitutionally vague language); Moore v. Clarke, 904 F.2d 1226, 1230 (8th Cir.1990) (<HOLDING>). The issue in contention is whether the Idaho Options: A. holding that exceptional depravity is unconstitutionally vague B. holding factor b is not unconstitutionally vague C. holding that attorney disciplinary rule was unconstitutionally vague as applied D. holding that 2320 as a whole is not unconstitutionally vague E. holding that essentially equivalent is unconstitutionally vague

assistant: The best answer is A. holding that exceptional depravity is unconstitutionally vague
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 invasion of privacy and false imprisonment are inextricably linked with the claims of sexual abuse such that they are not entitled to coverage. We find it important to state what we do not hold in this case. We do not hold that the policy at issue could never cover claims for invasion of privacy or false imprisonment; nor do we hold that there is no set of facts upon which State Farm would become liable to defend and/or indemnify Mr. Bruns. Instead, we hold only that on the facts as they are alleged, the claims for false imprisonment and invasion of privacy are inextricably intertwined with and dependent upon the uncovered sexual assault claims and are, therefore, outside the policy’s coverage. See Pennsylvania Millers Mut. Ins. Co. v. Doe, 882 F. Supp. 195, 198-99 (D.N.H. 1994) (<HOLDING>). In this way we agree with the conclusion of Options: A. holding that assault resulting in bodily injury under 111b is a crime of violence B. holding that specific intent is not element of assault resulting in serious bodily injury C. holding that an information charging defendant with offense of burglary that alleged that the defendant had committed an assault was not defective for failing to further allege specific facts that constituted assault D. holding that despite the inclusion of negligencebased counts because sexual assault was the only act alleged in the writ as a cause of bodily injury the injuries alleged had to be viewed as repercussions of the assault E. holding that merger did not apply because sexual assault was not a lesser included offense of seconddegree kidnapping involving sexual assault

assistant: The best answer is D. holding that despite the inclusion of negligencebased counts because sexual assault was the only act alleged in the writ as a cause of bodily injury the injuries alleged had to be viewed as repercussions of the assault
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: bankruptcy court. In its order approving the sale of the Coffeyville assets to CRLLC, the bankruptcy court found that GAF’s bid did not satisfy the auction and sale bidding procedure requirements. Although GAF asserts that the disqualification of its bid was “unjustified,” GAF does not allege any facts suggesting that the appellees were responsible for the deficiencies in its bid. Moreover, GAF appealed neither the sale order nor the denial of its Rule 60(b) motion, both of which found that CRLLC was the only qualified bidder. GAF urges that it has standing because its claim is for fraud on the court, and traditional standing analysis does not apply to claims for fraud on the court. See Universal Oil Prods. Co. v. Root Ref. Co., 328 U.S. 575, 580, 66 S.Ct. 1176, 90 L.Ed. 1447 (1946) (<HOLDING>). However, GAF’s complaint does not state a Options: A. holding that federal courts have inherent power to investigate whether a judgment was obtained by fraud B. recognizing the inherent power of the courts to issue warrants C. recognizing courts inherent power to issue subpoenas D. recognizing inherent power of courts of appeals E. recognizing the federal courts ability to impose inherent power sanctions on parties

assistant: The best answer is A. holding that federal courts have inherent power to investigate whether a judgment was obtained by fraud
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: Subject to paragraph 12 governing Protected Activity, Executive agrees to maintain in complete confidence the existence of this Agreement, the contents and terms of this Agreement, and the consideration for this Agreement (hereinafter collectively referred to as “Separation Information”). Except as required by law, Executive may disclose Separation Information only to Executive’s immediate family members, the Court in any proceedings to enforce the terms of this Agreement, Executive’s attorney(s), and Executive’s accountant(s) and any professional tax advisor(s) to the extent that they need to know the Separation Information in order to provide advice on tax treatment or to prepare tax returns, and must prevent disclosure of any Separation Information to all other third parties. Executive agrees that Executive will not publicize, directly or indirectly, any Separation Information.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the full and complete understanding and agreement of the parties hereto with respect to the specific subject matter covered herein and therein and supersede all prior oral or written understandings and agreements with respect to such specific subject matter.

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: All notices and other communications hereunder shall be in writing and shall be deemed received (a) on the date of delivery if delivered personally and/or by messenger service, (b) on the date of confirmation of receipt of transmission by facsimile (or, the first Business Day following such receipt if (i) the date is not a Business Day or (ii) confirmation of receipt is given after 5:00 p.m., Pacific Time) or (c) on the date of confirmation of receipt if delivered by a nationally or internationally recognized courier service (or, the first Business Day following such receipt if (i) the date is not a Business Day or (ii) confirmation of receipt is given after 5:00 p.m., Pacific Time), to the parties at the addresses set forth in the Purchase Agreement (or at such other address for a party as shall be specified by like notice).

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: interest in the case was inadequate because, once Proposal 2 had been passed, “[t]heir interest in seeing Proposal 2 enforced ... ‘[wa]s greatly diminished due to the state’s responsibility in enforcing and defending [Proposal 2] as written.’ ” Coalition, 501 F.3d at 781 (quoting Northland Family Planning Clinic, Inc. v. Cox, 487 F.3d 323, 346 (6th Cir.2007)). In line with this conclusion, the Sixth Circuit has consistently held that a generalized political or ideological interest is not sufficient to support intervention by right. See Northland, 487 F.3d at 345 (observing that an organization had a weak case for intervention where it had “only an ideological interest in the litigation”); Providence Baptist Church v. Hillandale Comm., Ltd., 425 F.3d 309, 316-17 (6th Cir.2005) (<HOLDING>) (quoting Athens Lumber Co., Inc. v. Fed. Elec. Options: A. holding that petitioncirculating committee was not entitled to intervention in an action challenging the constitutionality of an ordinance because its stake in the case was so generalized it will not support a claim for intervention of right B. holding the defendants claim that he was denied the right to testify was appropriate for direct review when the record was adequately developed to permit full consideration of the defendants claim the pertinent facts were undisputed a pcr hearing was not necessary to resolve a factual dispute and would not aid in the application of the law and the defendants claim was presented not as an ineffective assistance of counsel claim but rather as an error committed by the trial court in excluding the defendants testimony which was not an appropriate basis for an ineffective assistance of counsel claim C. holding that the challenge to the constitutionality of a 1996 fort lauderdale ordinance was moot where the ordinance had been amended in 1998 D. holding that an appeal was not moot because the amendment to the ordinance at bar did not give the petitioner the relief sought so that the petitioners claim and injury remain viable E. holding that a plaintiff had standing to attack an entire ordinance including portions of the ordinance not applied to the plaintiff

assistant: The best answer is A. holding that petitioncirculating committee was not entitled to intervention in an action challenging the constitutionality of an ordinance because its stake in the case was so generalized it will not support a claim for intervention of right
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, requests and other communications called for by this Agreement shall be deemed to have been given when received if made in writing and mailed, return receipt requested, postage prepaid, if to you at the address set forth above and if to the Company to 79 TW Alexander Drive, 4501 Research Commons, Suite 100, Research Triangle Park, North Carolina 27709, or to such other addresses as either party shall specify to the other.

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: The Company’s representations and warranties contained in Article III hereof shall be true and correct at and as of the Closing as though made as of the Closing Date (except for representations and warranties that speak as of a specific date which shall be true and correct as of such specified date) . The Company shall have performed and complied in all material respects with all of the covenants, agreements and conditions contained in this Agreement required to be performed, satisfied or complied with by the Company at or prior to the Closing Date. In the event the Closing Date occurs after the date of this Agreement, the Holder shall have received a certificate, executed by the Chief Executive Officer of the Company, dated as of the Closing Date, to the foregoing effect in the form attached hereto as Exhibit C .

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 case excerpt and choose the best holding from the options. Case excerpt: aid of any sectarian institution. (Emphasis added.) The Florida Supreme Court, interpreting this provision, tells us: A state cannot pass a law to aid one religion or all religions, but state action to promote the general welfare of society, apart from any religious considerations, is valid, even though religious interests may be indirectly benefited. If the primary purpose of the state action is to promote religion, that action is in violation of the First Amendment, but if a statute furthers both secular and religious ends, an examination of the means used is necessary to determine whether the state could reasonably have attained the secular end by means which do not further the promotion of religion. Johnson v. Presbyterian Homes of Synod of Fla., Inc., 239 So.2d 256, 261 (Fla.1970) (<HOLDING>). The instant probation condition, by fostering Options: A. holding that limitations placed upon the religious activities of two prison groups found to be religious organizations were reasonable under the circumstances B. holding that cemetery owned and operated by association of churches was not entitled to unemployment compensation tax exemption because services it provided were the same as those of secular cemeteries and therefore its primary purpose was not religious C. holding exempt under ors 307130 which relates to other charitable institutions a building that was used as an office for a religious official and religious court and a printing press for a religious publication D. holding constitutional a statute exempting from taxation properties owned by religious organizations used as homes for the aged and operated notforprofit E. holding that a charitable organizations religious purposes will not remove it from the purview of a property tax exemption

assistant: The best answer is D. holding constitutional a statute exempting from taxation properties owned by religious organizations used as homes for the aged and operated notforprofit
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: their conduct to these rules ['the rules by which all parties must operate when appearing before federal district courts’], or face sanctions for their failure to do so; this is even more true for the federal government, a party that regularly appears before the federal courts, knows the rules by which they operate, and is even at times a special beneficiary of those rules.”). 162 . 9 F.3d at 782. 163 . See id. at 781. But see id. at 782 (finding that "the court identified no violation of any statute, constitutional or other recognized right except, perhaps, Rule 16 as a basis for exercising its supervisory powers” and reversing the court’s monetary sanctions against the government). 164 . Bradley, 866 F.2d at 127. 165 . Id. at 128. 166 . 290 F.3d 63, 79 (1st Cir.2002); see also id. (<HOLDING>). 167 . Chambers, 501 U.S. at 44-45, 111 S.Ct. Options: A. recognizing civil contempt power under 105a B. holding that constitutional due process in civil contempt proceedings requires notice and a hearing but not the right to counsel C. holding that a civil contempt defendant has a right to a jury trial when the act of contempt was not committed in the presence of the court and when the incarceration is in part punitive D. holding that prejudgment interest as a theoretical matter is an acceptable component of a remedial sanction for civil contempt and quoting the holding in mccomb v jaclcsonville paper co 336 us 187 193 69 sct 497 93 led 599 1949 that the measure of the courts power in civil contempt proceedings is determined by the requirements of full remedial relief E. holding that in addition to statutory contempt powers city courts have inherent contempt power

assistant: The best answer is D. holding that prejudgment interest as a theoretical matter is an acceptable component of a remedial sanction for civil contempt and quoting the holding in mccomb v jaclcsonville paper co 336 us 187 193 69 sct 497 93 led 599 1949 that the measure of the courts power in civil contempt proceedings is determined by the requirements of full remedial relief
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: both current and future death-row inmates to choose the means by which death is to be administered, either lethal gas or lethal injection. By the time Fierro reached the United States Supreme Court, the statute was already in effect. As a result, the United States Supreme Court vacated the judgment in Fierro and remanded the ease back to the Ninth Circuit for further consideration in’ light of section 3604. Gomez v. Fierro, — U.S. -, 117 S.Ct. 285, 136 L.Ed.2d 204 (1996). Thus, the United States Supreme Court has impliedly approved the course of action taken by the California Legislature. Perhaps Florida’s Legislature should consider a similar course of action. OVERTON, J., concurs. 5 . See, e.g., Louisiana ex rel. Francis v. Resweber, 329 U.S. 459, 67 S.Ct. 374, 91 L.Ed. 422 (1947) (<HOLDING>); In re Kemmler, 136 U.S. 436, 447, 10 S.Ct. Options: A. holding that a cruel and unusual punishment claim is not jurisdictional and therefore may not be raised for the first time on appeal B. holding execution of the mentally retarded constitutes cruel and unusual punishment in violation of the eighth amendment C. holding that defendants claim that execution by electrocution or lethal injection constitutes cruel and unusual punishment is meritless D. holding cruel and unusual punishment complaint not preserved E. holding that the carrying out of an execution after the first execution attempt had failed did not amount to cruel and unusual punishment

assistant: The best answer is E. holding that the carrying out of an execution after the first execution attempt had failed did not amount to cruel and unusual punishment
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: Other than consummating the transactions contemplated hereunder, such Purchaser has not directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet (written or oral) from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Other than to other Persons party to this Agreement or to such Purchaser’s representatives, including, without limitation, its officers, directors, partners, legal and other advisors, agents and Affiliates, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction).

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 legal provision and list the applicable contract clause categories. Provision: Except to the extent expressly provided by this Agreement or as otherwise agreed by the parties, to the maximum extent permitted by Maryland law, each party involved in a Dispute shall bear its own costs and expenses (including attorneys’ fees), and the arbitrators shall not render an Arbitration Award that would include shifting of any such costs or expenses (including attorneys’ fees) or, in a derivative case or class action, award any portion of a party’s Arbitration Award to the claimant or the claimant’s attorneys. Each party (or, if there are more than two (2) parties to the Dispute, all claimants, on the one hand, and all respondents, on the other hand, respectively) shall bear the costs and expenses of its (or their) selected arbitrator and the parties (or, if there are more than two (2) parties to the Dispute, all claimants, on the one hand, and all respondents, on the other hand) shall equally bear the costs and expenses of the third (3 rd ) appointed arbitrator.

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: The agreements in this Section and the indemnity provisions of Section 10.02(e) shall survive the resignation of the Administrative Agent, the L/C Issuer and the Swing Line Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of the Loans, the issuance of Letters of Credit and other credit extensions hereunder for general corporate purposes, working capital, capital expenditures, Permitted Acquisitions, to refinance the Existing Credit Agreement and other Indebtedness (including the Senior Notes) and to otherwise finance transactions, in each case not in contravention of any Law or of any Loan Document. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the regulations of the Board, including Regulations T, U and X. No Borrower will request any Borrowing or Letter of Credit, and no Borrower shall use, and the Company shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (a) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (b) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, to the extent such activities, businesses or transaction would be prohibited by Sanctions if conducted by a corporation incorporated in the United States or in a European Union member state or (c) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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: Subject to the Intercreditor Agreement, E e ach Obligor agrees that from time to time (at the expense of such Obligor) upon the written request of the Administrative Agent, such Obligor will execute and deliver such further instruments and documents and do such other acts and things as the Administrative Agent may reasonably request in order to fully effect the purposes of this Agreement and to enable the Administrative Agent to exercise and enforce its rights and remedies hereunder with respect to any Collateral.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: United States v. Leachman, 309 F.3d 377, 381-83 (6th Cir.2002); United States v. Burns, 298 F.3d 523, 544 (6th Cir.2002). Thus, in the present case, where petitioner’s 70-month concurrent sentences fall well below the twenty-year maximum sentence authorized for each bank robbery count by 18 U.S.C. § 2113(a), and, in pleading guilty, petitioner admitted to the factual allegations used to calculate his sentence, his claim of ineffective assistance of counsel falls short under the first prong of the Strickland standard. Moreover, as the government notes, petitioner does not otherwise claim that in pleading guilty, he did not understand his appeal rights, and nowhere in his petition does he argue or demonstrate that he directed counsel to pursue an appeal. See Regalado, 334 F.3d at 525 (<HOLDING>). The self-serving affidavit filed by Hicks’ Options: A. recognizing that defendant must show 1 that counsels performance was deficient and 2 that counsels errors prejudiced the defense B. holding that counsels failure to object to use of an inapplicable controlled substance conviction tb enhance a sentence under 4b11 is deficient performance under strickland C. holding that criminal defense counsels failure to file notice of appeal when requested to do so is per se ineffective assistance D. holding that counsels failure to file appeal was not deficient performance under strickland where the petitioner in 2255 action did not direct counsel to file an appeal and acquiesced in counsels decision to pursue as an alternative a reduction in sentence E. holding that the strickland test applies to claims that counsel was constitutionally ineffective for failing to file a notice of appeal

assistant: The best answer is D. holding that counsels failure to file appeal was not deficient performance under strickland where the petitioner in 2255 action did not direct counsel to file an appeal and acquiesced in counsels decision to pursue as an alternative a reduction in sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby (whether brought by any party or any of its Affiliates or against any party or any of its Affiliates) shall be brought in the Delaware Chancery Court or, if such court shall not have jurisdiction, any federal court located in the State of Delaware or other Delaware state court, and each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 4.03 shall be deemed effective service of process on such party.

assistant: Jurisdictions
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 by the Company of this Agreement and the transactions contemplated pursuant to the Subscription Agreements, the issuance and sale of the Shares and Warrants and the consummation by it of the transactions contemplated hereby and thereby to which it is a party do not and will not (i) conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected; except in the case of each of clauses (ii) and (iii), such as could not have or reasonably be expected to result in a Material Adverse Effect.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without reference to the conflict of laws principles thereof. Each of the parties hereto irrevocably agrees that any legal action or proceeding with respect to this Agreement and the rights and obligations arising hereunder, or for recognition and enforcement of any judgment in respect of this Agreement and the rights and obligations arising hereunder brought by the other party hereto or its successors or assigns, shall be brought and determined exclusively in the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware (or, if the Delaware Court of Chancery declines to accept jurisdiction over a particular matter, any federal court within the State of Delaware). Each of the parties hereto hereby irrevocably submits with regard to any such action or proceeding for itself and in respect of its property, generally and unconditionally, to the personal jurisdiction of the aforesaid courts and agrees that it will not bring any action relating to this Agreement in any court other than the aforesaid courts. Each of the parties hereto hereby irrevocably waives, and agrees not to assert in any action or proceeding with respect to this Agreement, (a) any claim that it is not personally subject to the jurisdiction of the above-named courts for any reason, (b) any claim that it or its property is exempt or immune from jurisdiction of any such court or from any legal process commenced in such courts (whether through service of notice, attachment prior to judgment, attachment in aid of execution of judgment, execution of judgment or otherwise) and (c) to the fullest extent permitted by applicable legal requirements, any claim that (i) the suit, action or proceeding in such court is brought in an inconvenient forum, (ii) the venue of such suit, action or proceeding is improper or (iii) this Agreement, or the subject matter hereof, may not be enforced in or by such courts. EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE.

assistant: Applicable Laws