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: Any notice or other communication in connection with this Warrant shall be deemed to be given if in writing addressed as hereinafter provided and actually delivered at such address: (a) if to any Holder, at the registered address of such holder as set forth in the Warrant Register kept at the office of the Company maintained pursuant to Section 13.2(a) hereof, or (b) if to the Company, to the attention of its Chief Financial Officer at its office maintained pursuant to Section 13.2(a) hereof; provided , however , that the exercise of any Warrant shall be effective in the manner provided in Section 3 hereof.

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: baitfish. This difference posed a threat to Maine’s natural resources, and absent a less discriminatory means of protecting the environment — and none was available — the importation of baitfish from any state could properly be banned. Id. at 140,106 S.Ct. 2440. The Plaintiffs do not quarrel with the Defendants’ position that the health and safety of Virginia citizens is a legitimate local interest. Neither do we. Nevertheless, in order to survive the Plaintiffs’ motion for summary judgment -with respect to the first prong of strict scrutiny analysis, the Defendants must carry their burden of showing that MSW generated outside Virginia is more dangerous than MSW generated in Virginia. Chemical Waste Management, Inc. v. Hunt, 504 U.S. 334, 343-44, 112 S.Ct. 2009, 119 L.Ed.2d 121 (1992) (<HOLDING>). In this regard, the Defendants have offered Options: A. holding that a statute may be facially challenged only by establishing that no set of circumstances exists under which the statute would be valid ie that the law is unconstitutional in all of its applications or at least that the statute lacks a plainly legitimate sweep B. holding that the imminence standard does not require an existing harm meaning ongoing disposal of a solid or hazardous waste but the threat of harm due to disposal in the past of solid or hazardous waste must be present and ongoing C. recognizing that while the health and safety of the citizens of alabama may be a legitimate local interest alabama offered no evidence that hazardous waste generated outside alabama is more dangerous than hazardous waste generated in alabama therefore alabama failed to carry its burden of showing that the alabama statute imposing an additional fee on all hazardous waste generated outside alabama and disposed of at alabama facilities was demonstrably justified by a valid factor unrelated to economic protectionism D. holding that zoning regulations are presumptively valid and the burden is upon him who attacks such regulation to carry the extraordinary burden of both alleging and proving that it is unreasonable and bears no substantial relation to public health safety morals or general welfare E. holding that defendants failed to carry burden of proof to show that plaintiffs failed to mitigate damages when among other things they offered no evidence contradicting the plaintiffs evidence

assistant: The best answer is C. recognizing that while the health and safety of the citizens of alabama may be a legitimate local interest alabama offered no evidence that hazardous waste generated outside alabama is more dangerous than hazardous waste generated in alabama therefore alabama failed to carry its burden of showing that the alabama statute imposing an additional fee on all hazardous waste generated outside alabama and disposed of at alabama facilities was demonstrably justified by a valid factor unrelated to economic protectionism
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: Tree. 10 . Under the ADA, a reasonable accommodation may include “job restructuring, part-time or modified work schedules,” 42 U.S.C. § 12111(9)(B). 11 . While there appears to be some issue as to whether Susie's frequent absences prevent her from meeting the statutory requirement that she is a "qualified individual with a disability," 42 U.S.C. § 12111(8), the parties have failed to adequately develop this issue in the summary judgment record before the court. The court does note, however, that federal courts have frequently held that "[a]n employee who cannot meet the attendance requirements of the job at issue cannot be considered a qualified individual protected by the ADEA.” Tyndall v. National Educ. Ctrs., 31 F.3d at 213. See also Carr v. Reno, 23 F.3d 525, 529 (D.C.Cir.1994) (<HOLDING>); Law v. United States Postal Serv., 852 F.2d Options: A. holding that misrepresentation was essential to plaintiffs claim B. holding that it is not an appellate courts function to make findings of fact C. holding that coming to work regularly is an essential function D. holding that imposition of punishment is a judicial function E. holding it is not reasonable to require an employer to hire a helper to do overhead work for a miner who cannot perform this essential job function alone

assistant: The best answer is C. holding that coming to work regularly is an essential function
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: 388 U.S. 464 87 S.Ct. 2124 18 L.Ed.2d 1323 Lewis F. HADLEYv.MASSACHUSETTS. No. 1179, Misc. Appeal from the Supreme Judicial Court of Massachusetts. Louis M. Nordlinger, for appellant. Elliot L. Richardson, Atty. Gen. of Massachusetts, and Willie J. Davis, Asst. Atty. Gen., for appellee. June 12, 1967. PER CURIAM. 1 The motion for leave to proceed in forma pauperis is granted. The judgment is vacated and the case is remanded to the Supreme Judicial Court of Massachusetts for further consideration in light of Camara v. Municipal Court of City and County of San Francisco, 387 U.S. 523, 87 S.Ct. 1727, 18 L.Ed.2d 930. 2 Mr. Justice CLARK, Mr. Justice HARLAN, and Mr. Justice STEWART dissent and would affirm the judgment for the reasons stated in Mr. Justice CLARK's dissenting opinion in Camara v. Municipal Court of City and County of San Francisco, 387 U.S., at 546, 87 S.Ct., at 1741.

assistant: 1
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: 17-18. Little progress has therefore been made in either action. Thus,- this factor weighs against abstention or is neutral at best. Similarly, the seventh factor—“the relative progress of the state and federal proceedings”—does not favor abstention because neither case has progressed into discovery. See R. 7-1 at 24 (noting that the state court denied the plaintiffs’ motion to dismiss, but not noting that discovery had begun); see also R. 7-2 (state-court record). Randy argues that the fifth factor—“whether the source of governing law is state or federal”—supports abstention because he challenges the validity of the arbitration agreement by raising a contractual defense. R. 7-1 at 24; see First Options of Chi., Inc. v. Kaplan, 514 U.S. 938, 944, 115 S.Ct. 1920, 131 L.Ed.2d 985 (1995) (<HOLDING>). Federal law, however, provides the rule of Options: A. holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous B. holding that the essential inquiry in determining whether res judicata principles should apply is whether or not the ultimate and controlling issues have been decided in a prior proceeding in which the present parties had an opportunity to appear and assert their rights C. holding that equitable principles apply to child support proceedings D. holding that when deciding whether parties have agreed to arbitrate claims courts generally should apply statelaw principles that govern the formation of contracts E. holding that equitable tolling principles apply to suits against the united states in the same manner as they apply to private parties

assistant: The best answer is D. holding that when deciding whether parties have agreed to arbitrate claims courts generally should apply statelaw principles that govern the formation of contracts
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: investment reason for not establishing the short portfolio (e.g., reducing interest payments to Note-holders). Alternatively, it could have been merely an oversight that did not amount to gross negligence. But although this allegation is insufficient by itself, it can be aggregated with the other allegations described above. Taking the allegations as a whole and drawing all reasonable inferences in Bayerische’s favor, we conclude that Bayerische has sufficiently alleged facts plausibly suggesting Aladdin abandoned its role to manage the Reference Portfolio in favor of the Noteholders. Cf. Assured Guar. (UK) Ltd. v. J.P. Morgan Inv. Mgmt. Inc., 80 A.D.3d 293, 304-05, 915 N.Y.S.2d 7 (1st Dep’t 2010), aff'd on other grounds, 18 N.Y.3d 341, 939 N.Y.S.2d 274, 962 N.E.2d 765 (2011) (<HOLDING>). After discovery, the facts that come to light Options: A. holding that making a nonfrivolous allegation is insufficient to survive a motion to dismiss for lack of jurisdiction B. holding that complaint alleging a conspiracy to deprive plaintiff of his civil rights cannot survive motion to dismiss based on conclusory allegations of conspiracy which are not supported by references to material facts C. holding that the bare assertion that a dismissal without prejudice was favorable to the plaintiff was insufficient to survive a motion to dismiss D. holding that a claim must be facially plausible in order to survive a motion to dismiss E. holding as sufficient to survive motion to dismiss plaintiffs claim for gross negligence alleging that jp morgan knowingly invested in risky mortgagebacked securities despite stated investment goal of high level of safety of capital and that jp morgan favored other client over plaintiff in so investing

assistant: The best answer is E. holding as sufficient to survive motion to dismiss plaintiffs claim for gross negligence alleging that jp morgan knowingly invested in risky mortgagebacked securities despite stated investment goal of high level of safety of capital and that jp morgan favored other client over plaintiff in so investing
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: concerning liability and not be required to incur all of the expenses of litigation to conclusion before being entitled to seek subrogation. To hold otherwise would be to discourage settlements and to promote litigation, a concept which should be discouraged by the courts. We believe it is not inappropriate to hold that one who is sued for alleged negligence and who, in an effort to save his property, including the expenditure of attorney’s fees, enters into a reasonable settlement is not a volunteer and is entitled to seek reimbursement under the doctrine of equitable subrogation. 588 So.2d 909, 918 (Fla. 3d DCA 1989) (quoting Rawson v. City of Omaha, 212 Neb. 159, 322 N.W.2d 381, 385 (1982)); see also Suntrust Bank v. Riverside Nat’l Bank, 792 So.2d 1222, 1225 (Fla. 4th DCA 2001) (<HOLDING>). To argue that it should not be barred from Options: A. holding that a grant of equitable relief requires diligence by the claimant B. recognizing equitable subrogation C. holding that under the doctrine of equitable subrogation equity will grant relief where a mortgage is satisfied by mistake and no rights of third parties have intervened if the mistaken action was reasonable D. holding the doctrine applied in a case of mistake E. recognizing the equitable maxim that once equity has jurisdiction it will grant complete relief

assistant: The best answer is C. holding that under the doctrine of equitable subrogation equity will grant relief where a mortgage is satisfied by mistake and no rights of third parties have intervened if the mistaken action was reasonable
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: .028%, which represents one copying error for every 3,587 entries. 7 . The trial court explained that, if DOT does not keep the MV-431 originals, the missing yellow copies could not be very important. 8 . We note that DOT did not impose a suspension on Fairfield after the second warning in 2000. Thus, the trial court concluded that DOT is estopped from seeking more than a four month suspension for a second warning. (Trial court op. at 22-23.) 9 . The trial court noted that DOT did not base the warning on other errors, such as an erroneous odometer reading, twelve incorrect insurance expiration dates and approximately eight other inaccurate entries. (Trial court op. at 20.) 10 .Cf. Department of Transportation, Bureau of Traffic Safety v. Slipp, 121 Pa.Cmwlth. 230, 550 A.2d 838 (1988) (<HOLDING>). 11 . Our scope of review in an inspection Options: A. holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate B. holding that gun shop records kept pursuant to government requirements are admissible business records C. holding that municipal court records were admissible under official records or public documents exception D. holding that records relating to a student court were not education records E. holding that the public records act does not mandate disclosure of records protected by tennessee rule of criminal procedure 16

assistant: The best answer is A. holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate
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 Award of RSUs is documented by the records of the Committee or its delegate, which records shall be the final determinant of the number of Shares granted and the conditions of this Agreement. The Committee may amend or modify this Award in any manner to the extent that the Committee would have had the authority under the Plan initially to grant such Award, provided that no such amendment or modification shall materially diminish the Participant’s rights under this Agreement without his or her consent. Notwithstanding anything in this Agreement or the Plan to the contrary, this Award may be amended by the Company without the Participant’s consent, including, but not limited to, modifications to any of the rights granted to the Participant under this Agreement, at such time and in such manner as the Company may consider necessary or desirable to reflect changes in law (including for regulatory, legal and Company requirements relating to “executive compensation clawbacks”). Except as in accordance with the two immediately preceding sentences and Section 14(b), this Agreement may be amended, modified or supplemented only by an instrument in writing signed (electronically or manually) by both parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall do and perform or cause to be done and performed, all such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other Party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement and the consummation of the transactions contemplated hereby.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the laws of england and wales govern these terms and any claims and disputes ( whether contractual or otherwise ) arising out of or relating to these terms or their subject matter .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used in this Amendment, to the extent not otherwise defined herein, shall have the same definitions assigned to such terms in the Loan Agreement, as amended hereby. To the extent applicable, the term “Lender” as used in this Amendment shall also refer to Lender in its capacity as Agent and as a Bank under the Loan Agreement.

assistant: Definitions
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 anything to the contrary contained herein or in any other Loan Document (except subject to any rights of the Trustee to direct and enforce rights and remedies as expressly provided in the Indenture or Notes), the authority to enforce rights and remedies hereunder and under the other Loan Documents against the Borrower shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with this Section 8.2 for the benefit of all the Lenders; provided that the foregoing shall not prohibit (except to the extent, if any, expressly prohibited by the provisions of the Indenture or Notes) (i) the Administrative Agent from exercising on its own behalf the rights and remedies that inure to its benefit (solely in its capacity as Administrative Agent) hereunder and under the other Loan Documents, (ii) any Lender from exercising setoff rights in accordance with Section 8.2(b) (subject to the terms of Section 2.5(e) [Sharing of Payments by Lenders]), or (iii) any Lender from filing proofs of claim or appearing and filing pleadings on its own behalf during the pendency of a proceeding relative to the Borrower under any Insolvency Proceeding; and provided , further , that if at any time there is no Person acting as Administrative Agent hereunder and under the other Loan Documents, then (1) the Required Lenders shall have the rights otherwise ascribed to the Administrative Agent pursuant to this Section 8.2(d), and (2) in addition to the matters set forth in clauses (ii) and (iii) of the preceding proviso and subject to Section 2.5(e) [Sharing of Payments by Lenders]), any Lender may, with the consent of the Required Lenders, enforce any rights and remedies available to it and as authorized by the Required Lenders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You will continue to be paid a base salary at the annual rate of $213,726, subject to payroll withholdings and deductions. Your base salary will continue to be paid in two equal payments per month in accordance with the Company’s regular payroll practices. As an exempt salaried employee, you will be expected to work the Company’s standard business hours, and such additional hours as required by the nature of your work assignments and job responsibilities, and you will not be eligible for overtime compensation. The Company retains the discretion to modify your compensation terms (including the bonus program) from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Company is not in violation of its governing documents, and (b) no other Debtor is in violation of its respective charter or bylaws, certificate of formation or limited liability company operating agreement or similar organizational document in any material respect. None of the Debtors is or has been at any time since January 1, 2014 in violation of any Law or Order, except for any such violations that have not had and would not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive is employed as the Chief Financial Officer of the Bank and the Company, subject to the direction of the Chief Executive Officer (hereinafter “CEO”) or its designee(s) and shall perform and discharge well and faithfully the duties which may be assigned to her from time to time by the Employer in connection with the conduct of its business. The duties and responsibilities of the Executive are set forth on Exhibit A attached hereto.

assistant: Positions
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 contains the full and complete understanding of the parties hereto with respect to the subject matter contained herein and, unless specifically provided herein, this Agreement supersedes and replaces any prior agreement, either oral or written, which Employee may have with Company that relates generally to the same 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: The Employer may at any time amend, suspend or reinstate any or all of the provisions of the Plan, except that no such amendment. suspension or reinstatement may adversely affect the Eligible Employee’s benefit under the Plan as it existed as of the day before the effective date of such amendment, suspension or reinstatement, without the Eligible Employee’s prior written consent. Written notice of any amendment or other action with respect to the Plan shall be given to the Eligible Employee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The services rendered by Executive to the Company are unique and personal. Accordingly, Executive may not assign any of Executive’s rights or delegate any of Executive’s duties or obligations under this Agreement. The Company and OMGS may, upon written notice to Executive, assign this Agreement to a purchaser or transferee of substantially all of the assets of the Company or its Affiliates.

assistant: Assignments
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: See also United States v. Morgan, 384 F.3d 1, 6 (1st Cir.2004) (questioning whether plain error was even available, or whether the issue was waived entirely, when a Blakely issue was neither raised below nor initially in this court). Plain error is an extremely deferential standard; errors will be corrected only if “(1) ... an error occurred (2) which was clear or obvious and which not only (3) affected [his] substantial rights, but also (4) seriously impaired the fairness, integrity, or public reputation of judicial proceedings.” Id. (quoting United States v. Duarte, 246 F.3d 56, 60 (1st Cir.2001)). In applying the plain error standard after Blakely, we have held that no plain error occurs where the facts underlying the enhancement _ were undisputed. Savarese, 385 F.3d at 22 (<HOLDING>). We have also noted, and now emphasize, that Options: A. holding that a sentencing court may warn a defendant of the possibility of a sentence enhancement B. holding that omission was not plain error C. holding that a defendant who fails to object to an error at a plea colloquy hearing must satisfy the plain error rule D. holding that a defendant who did not dispute the factual basis underlying the sentence enhancement forecloses a finding of plain error E. holding that any error was harmless and thus not plain error

assistant: The best answer is D. holding that a defendant who did not dispute the factual basis underlying the sentence enhancement forecloses a finding of plain error
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, instructions and other communications given hereunder or in connection herewith shall be in writing. Any such notice, instruction or communication shall be sent either (a) by registered or certified mail, return receipt requested, postage prepaid, or (b) prepaid via a reputable nationwide overnight courier service, in each case addressed to the Company, Attention: CEO, at One Technology Park Drive, Westford, Massachusetts 01886 and to the Executive at the Executive’s principal residence as currently reflected on the Company’s records (or to such other address as either the Company or the Executive may have furnished to the other in writing in accordance herewith). Any such notice, instruction or communication shall be deemed to have been delivered five business days after it is sent by registered or certified mail, return receipt requested, postage prepaid, or one business day after it is sent via a reputable nationwide overnight courier service. Either party may give any notice, instruction or other communication hereunder using any other means, but no such notice, instruction or other communication shall be deemed to have been duly delivered unless and until it actually is received by the party for whom it is intended.

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: Any notice, request, claim, demand or other communication under this Agreement shall be in writing, shall be either personally delivered, delivered by electronic transmission, or sent by reputable overnight courier service (charges prepaid) to the address for such party set forth below or such other address as the recipient party has specified by prior written notice to the other parties hereto and shall be deemed to have been given hereunder when receipt is acknowledged for personal delivery or electronic transmission or one day after deposit with a reputable overnight courier service.

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 ABL Collateral Agent, on behalf of itself and each other ABL Claimholder under the ABL Loan Documents, and the Term Loan Collateral Agent, on behalf of itself and each other Term Loan Claimholder under the Term Loan Documents, and each ABL Grantor, agree that each of them shall take such further action and shall execute and deliver such additional documents and instruments (in recordable form, if requested) as the ABL Collateral Agent or the Term Loan Collateral Agent may reasonably request to effectuate the terms of and the Lien priorities in respect of the ABL Priority Collateral contemplated by this Agreement.

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: relative interests of the involved states, Mississippi’s only interest is in ensuring that the Mississippi plaintiffs are adequately compensated. It has little or no interest in protecting the nonresident Dreyfus. For its part, Dreyfus argues that New York has “no interest in seeing its rules imposed to the disadvantage of one of its residents in a foreign forum.” That plainly is not the case. New York has an undeniable interest in its rule of joint and several liability for economic damages where the defendant is a New York domiciliary, because New York has an interest “ ‘in assuring that its domiciliaries perform their duties and obligations.’ ” See Clawans v. United States, 75 F.Supp.2d 368, 373 (quoting Mueller v. Parke Davis, 252 N.J.Super. 347, 354, 599 A.2d 950 (App. Div.1991) (<HOLDING>)). The cases recognizing the interest of the Options: A. holding purposeful and deliberate omission on enactment of new jersey sales and use tax of exemption found in new york counterpart act which served as the model for new jersey act B. recognizing that alabama had no interest in denying its residents the procedural and substantive advantages afforded under new jerseys product liability and consumer fraud statutes but not alabamas for claims against a new jersey manufacturer C. recognizing that pennsylvania had no interest in denying its residents the greater damages available under new jersey consumer fraud statutes for claims against a new jersey seller D. recognizing new jerseys interest in deterrence of tortious misconduct as a relevant factor in choice of law decisions applicable where two of defendants were new jersey residents from whom damages were sought for their negligent acts in new jersey E. recognizing israel had no interest in denying its citizens the substantive advantages of new jersey defamation law in new jersey residents claims for defamation published in new jersey

assistant: The best answer is D. recognizing new jerseys interest in deterrence of tortious misconduct as a relevant factor in choice of law decisions applicable where two of defendants were new jersey residents from whom damages were sought for their negligent acts in new jersey
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 Investor’s obligation to fund the Commitment shall terminate automatically and immediately upon the earliest to occur of (i) the funding by the Investor or its Assignees of the Commitment in full, (ii) the Outside Date, (iii) the date that the Company has received, following the date hereof, gross proceeds in an aggregate amount equal to or greater than $75,000,000 from one or more equity and/or debt financing(s) from sources other than the Investor and its Assignees, and (iv) the date that a third party acquires all of the capital stock of the Company through merger, purchase or otherwise. Upon such termination pursuant to this Section 2 , the Investor shall not have any further obligation or liability hereunder with respect to the Commitment, provided , however that notwithstanding such termination, Sections 4, 5, 6 , 7 and 11 shall survive such termination.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the direct and indirect subsidiaries of Company are set forth in the Public Reports or the corresponding section of the Disclosure Schedules. Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary, and all of such directly or indirectly owned capital stock or other equity interests are owned free and clear of any Liens. A ll the issued and outstanding shares of capital stock of each Subsidiary are duly authorized, validly issued, fully paid, nonassessable and free of preemptive and similar rights to subscribe for or purchase securities.

assistant: Subsidiaries
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 matters arising out of or relating to this Agreement and the transactions contemplated hereby (including its interpretation, construction, performance and enforcement) shall be governed by and construed in accordance with the internal Laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of Laws of any jurisdictions other than those of the State of Delaware.

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 case excerpt and choose the best holding from the options. Case excerpt: the broader language of § 11-603(a), the LGIT is a victim of “a” crime for which Pete was convicted under Case No. 11332, and because the second degree assault conviction occurred under Case No. 11332, restitution as a condition for probation is appropriate. Our analysis under § 6-221 begins with consideration of the scope of the trial court’s power to order probation. The relevant portion of § 6-221 provides a trial court broad discretion to suspend the enforcement of a sentence (or portion thereof), following a conviction, and order probation with such conditions as “the court considers proper.” We, have vacated, on occasion, ordered conditions of probation on the grounds that they were an illegal sentence or otherwise improper. See Sheppard, 344 Md. at 154, 685 A.2d at 1181 (<HOLDING>); Walezak, 302 Md. at 433, 488 A.2d at 954 Options: A. holding that in probation revocation proceeding evidence failed to establish necessity for driving without a license where defendant claimed to have been a passenger in a car being driven by his pregnant fiance who allegedly began to experience such extreme pain that defendant had to drive B. holding that probation is not a sentence C. holding that probation and suspension of sentence may not be revoked based solely on a violation or criminal offense that was committed before the offender was actually placed on probation D. holding that a trial court improperly conditioned probation on the defendant not being able to drive where the transportation article enabled the maryland transit authority to regulate the suspension of drivers E. recognizing of course the suspension of the imposition of sentence and the grant of probation

assistant: The best answer is D. holding that a trial court improperly conditioned probation on the defendant not being able to drive where the transportation article enabled the maryland transit authority to regulate the suspension of drivers
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: 17.1 unless you reside in the eu , you acknowledge and agree that , to the maximum extent permitted by law , the entire risk arising out of your access to and use of the airbnb platform and collective content , your publishing or booking of any listing via the airbnb platform , your stay at any accommodation , participation in any experience or event or use of any other host service or any other interaction you have with other members whether in person or online remains with you .

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: incorrectly because Act 21 violates the equal protection clauses of the United States and Pennsylvania Constitutions. However, we must follow the decisional law established by our own Court. Blumenstock v. Gibson, 811 A.2d 1029, 1039 (Pa.Super.2002). Moreover, we observe that following our decision in In re S.A, the Pennsylvania Supreme Court denied a subsequently filed petition for allowance of appeal. In re S.A., 597 Pa. 733, 952 A.2d 678 (2008). Therefore, unless or until In re S.A. and In re A.C. are overturned by an en banc panel of this Court, or by a decision of the Pennsylvania Supreme Court, they continue to be viable precedent for this Court and for the courts of common pleas. Id. See also, Sorber v. American Motorists Ins. Co., 451 Pa.Super. 507, 680 A.2d 881, 882 (1996) (<HOLDING>). Hence, we cannot afford Appellant the relief Options: A. holding untimely petition for allowance of appeal with pennsylvania supreme court which later denied petition does not operate to circumvent time restrictions of pcra by altering date on which appellants sentence became final B. holding that even though petition for allowance of appeal was pending before the pennsylvania supreme court decision remained binding precedent as long as the decision had not been overturned by our supreme court C. holding that the court of appeals erred in declining to apply supreme court precedent even though the reasoning of that precedent had been eroded by subsequent decisions D. recognizing that our supreme court does not overrule binding precedent sub silentio and noting that because an appellate court opinion did not mention a contradicting supreme court decision the conflict between the two decisions was not called to the attention of the court which denied review of the appellate decision E. holding that court is bound by prior panels interpretation of supreme court decision

assistant: The best answer is B. holding that even though petition for allowance of appeal was pending before the pennsylvania supreme court decision remained binding precedent as long as the decision had not been overturned by our supreme court
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: 2d DCA 2010) (finding that a pushing incident that occurred three years before the injunction was filed was not sufficient to support the issuance of an injunction against domestic violence), with Giallanza, 787 So.2d at 163 (finding that allegations of actual violence eight to ten years before the petition was filed were sufficient to support the issuance of the injunction when coupled with allegations that the husband had “recently been very angry and verbally abusive ... due to the parties’ impending divorce”). Further, the Former Wife did not present sufficient evidence to establish that she had an objectively reasonable basis to believe she was in imminent danger of becoming the victim of any act of domestic violence. The only evidence presented at the hea (Fla. 2d DCA 2007) (<HOLDING>); Kopelovich v. Kopelovich, 793 So.2d 31, 33 Options: A. holding that injunction was improperly issued when there was no evidence of actual violence or threats of violence B. holding that petitioners who deliberately violated injunction without first attempting to dissolve injunction were properly convicted of criminal con tempt C. holding that injunction was not properly issued based on threats to make the petitioners life miserable D. holding that the injunction did not constitute a claim E. holding that the donovan rule applies regardless of whether the injunction is issued before or after the federal court filing

assistant: The best answer is C. holding that injunction was not properly issued based on threats to make the petitioners life miserable
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: for example , some host services may carry risk of illness , bodily injury , disability , or death , and you freely and willfully assume those risks by choosing to participate in those host services .

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: her restrictions were based on “generalizations” and that she had not examined Plaintiff in over a year show that the assessment is not supported by specific medical findings. Furthermore, Dr. Vasicek’s assessment contradicts her own medical records. In a May 2007 evaluation, Plaintiff was allowed to return to modified work on April '30, 2007. (Tr. 290). It was noted that he could perform full weight bearing activities; constantly sit, stand and walk; frequently climb stairs; occasionally bend, squat and climb ladders; and had no lifting limitations. (Tr. 290). This directly conflicts with her September 2007 assessment, and she did not even examine Plaintiff during the intervening months. (Tr. 290, 369-73). See Stanley v. Sec’y of Health & Human Servs., 39 F.3d 115, 118 (6th Cir.1994) (<HOLDING>). Additionally, the ALJ noted that there was Options: A. holding that the weight given to a treating physicians opinion is limited if the opinion consists only of conclusory statements B. holding the alj did not err in declining to refer to treating physicians opinion where he originally opined that plaintiff could perform sedentary work and then changed his opinion without providing any supporting objective medical evidence C. holding that an alj may discount a treating physicians opinion where the physician has offered inconsistent opinions D. holding that remand was not required and that the aljs failure to mention treating physicians opinion was harmless error because the alj adopted the treating physicians recommendations E. holding that where a treating physicians opinion is contradicted by a consulting physician the alj must explain on the record the reasons for rejecting the opinion of the treating physician

assistant: The best answer is B. holding the alj did not err in declining to refer to treating physicians opinion where he originally opined that plaintiff could perform sedentary work and then changed his opinion without providing any supporting objective medical evidence
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 documents referenced herein (including applicable stock option agreements and the equity plans to which they relate) contain the entire agreement of the parties relating to the employment of Executive by Employer and the ancillary matters discussed herein and supersedes all prior agreements, negotiations and understandings with respect to such matters, including, without limitation, any term sheet between the parties hereto with respect to such matters, and the parties hereto have made no agreements, representations or warranties relating to such employment or ancillary matters which are not set forth herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The evidence viewed most favorably to the State showed that the victim was transported by automobile for several miles into the countryside to detain her in isolation and in secret, where she was subjected to various acts of sexual abuse. Id. at 736, 740. The detention lasted for over two hours. Id. at 740. Because we concluded that the State offered sufficient evidence to support a kidnapping conviction even under the incidental approach, we did not expressly decide the issue in that case. Id. 3 . In Hardin, 359 N.W.2d at 189-90, we we 88 (1981) (noting merger of crimes has no application to a situation in which no conviction was obtained on the ficient, often on the grounds that the movement made the crime easier to commit or made detection less likely. See Faison, 426 So.2d at 966 (<HOLDING>); State v. Key, 180 N.C.App. 286, 636 S.E.2d Options: A. holding force to be an element of pre1994 amendment 111 which may be satisfied by proof of force or threat of force B. holding movement from kitchen to bedroom by substantial force made rapes easier to commit and reduced the danger of detection even though only short distance involved C. holding that because the crime of rape involved a nonconsensual act there was a substantial risk that physical force may be used in committing the offense D. holding that substantial evidence of rape may be found even though there was only a hearsay statement of the child victim E. holding that an issue was sufficiently reserved in a plea even though not reduced to writing when both the prosecution and the district court were aware of the defendants intent to appeal

assistant: The best answer is B. holding movement from kitchen to bedroom by substantial force made rapes easier to commit and reduced the danger of detection even though only short distance involved
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 Loan Party will, and will cause each Domestic Subsidiary to, maintain with financially sound and reputable carriers having a financial strength rating of at least A- by A.M. Best Company (a) insurance in such amounts (with no greater risk retention) and against such risks (including, without limitation: loss or damage by fire and loss in transit; theft, burglary, pilferage, larceny, embezzlement, and other criminal activities; business interruption; and general liability) and such other hazards, as is customarily maintained by companies of established repute engaged in the same or similar businesses operating in the same or similar locations, (b) all insurance required pursuant to the Collateral Documents and (c) insurance with respect to the Project in such amounts and against such risks set forth on Schedule 5.10 . The Borrowers will furnish to the Lenders, upon request of the Administrative Agent, information in reasonable detail as to the insurance so maintained.

assistant: Insurances