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: (defined below), the “ Extended Agreement ”), by and among the Borrower, the Banks listed on the signature pages thereof, JPMorgan Chase Bank, N.A., as Administrative Agent and Initial Issuing Bank, Mizuho Bank (USA), as successor Syndication Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Bank of Nova Scotia, and Royal Bank of Canada, as Co-Documentation Agents and , (ii) that certain Amendment No. 1 dated as of November 18, 2016 ( the “ Amendment No. 1 ”), by and among the Borrower, the Banks listed on the signature pages thereof, JPMorgan Chase Bank, N.A., as Administrative Agent and Initial Issuing Bank, Mizuho Bank (USA), as Syndication Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Bank of Nova Scotia, and Royal Bank of Canada, as Co-Documentation Agents and (iii) that certain Amendment No. 2 dated as of November 20, 2017 (“Amendment No. 2” and together with Amendment No. 1, the “Amendments”), by and among the Borrower, the Banks listed on the signature pages thereof, JPMorgan Chase Bank, N.A., as Administrative Agent and Initial Issuing Bank, Mizuho Bank, Ltd., as Syndication Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., The Bank of Nova Scotia, and Royal Bank of Canada, as Co-Documentation Agents. I, Roberta B. Aronson, General Counsel of the National Rural Utilities Cooperative Finance Corporation (the “ Borrower ”), am delivering this opinion at the request of the Borrower pursuant to Section 7(b) of the Amendment No. 2 . Terms defined in the Extended Agreement are used herein as therein defined.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: forceful response. Gomez v. Chandler, 163 F.3d 921, 923 (5th Cir.1999). Dominguez alleged that (1) prisoners taken to outside hospitals were not usually shackled to their beds with five-point restraints and a black box as he was, (2) while he was at the hospital he was under constant security by two correctional officers, one of whom was armed, limiting the need for restraint, (3) he had been restrained for seven consecutive days, part of which time he was in a coma, before an effort was made to temper the severity of the force used; and (4) the black box was ultimately removed for the final three days of his hospital stay. 6. We have also recognized that the use of restraints for punitive purposes is violative of the Constitution. See Fulford v. King, 692 F.2d 11, 14-15 (5th Cir.1982) (<HOLDING>). Dominguez’s complaint specifically alleged Options: A. holding that the due process clause of the fourteenth amendment incorporates the eighth amendments guarantee against cruel and unusual punishment B. holding that 25 years to life sentence under the california three strikes law did not violate the eighth amendments prohibition on cruel and unusual punishment C. holding that petitioners 25yearstolife sentence under the california three strikes law did not violate the eighth amendments prohibition against cruel and unusual punishment D. holding that the eighth amendments prohibition against cruel and unusual punishment is implicated when handcuffs or restraints are used to subject a prisoner to great pain either deliberately as punishment or mindlessly with indifference to the prisoners humanity E. holding that deliberate indifference to prisoners medical needs is cruel and unusual punishment

assistant: The best answer is D. holding that the eighth amendments prohibition against cruel and unusual punishment is implicated when handcuffs or restraints are used to subject a prisoner to great pain either deliberately as punishment or mindlessly with indifference to the prisoners humanity
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: 17.2 if you reside in the eu , airbnb is liable under statutory provisions for intent and gross negligence by us , our legal representatives , directors , or other vicarious agents .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to the acts and deeds recited herein and contemplated to be performed at the Closing, Seller and Buyer agree to perform such other acts, and to execute and/or deliver such other instruments and documents as either Seller or Buyer, or their respective counsel, may reasonably require in order to effect the intents and purposes of this Contract. Further, Seller and Buyer each agree to deliver to the Title Company affidavits and such other assurances as may reasonably be necessary or required to enable the Title Company to issue the Title Policy as contemplated in this Contract.

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: CURIAM. Petitioner Thomas Alfred Brydon appeals the district court’s denial of his 28 U.S.C. § 2255 petition for relief. We affirm. Brydon pleaded guilty to conspiring to manufacture methamphetamine. At sentencing, the district court applied the career-offender provisions of United States Sentencing Guidelines §§ 4B1.1 & 4B1.2. The court determined that four prior Iowa convictions for operating a motor vehicle without the owner’s consent and one prior Iowa conviction for operating a motor vehicle while intoxicated qualified as predicate crimes of violence. Subsequently, the Supreme Court issued its opinion in Begay v. United States, 553 U.S. 137, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008) (<HOLDING>). Later, in United States v. Steward, 598 F.3d Options: A. holding a felony conviction for driving while intoxicated dwi may be a crime of violence B. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b C. holding that statute prohibiting driving while intoxicated applied to defendant driving on a private parking lot D. holding that driving while intoxicated is not a violent felony pursuant to 18 usc 924e2b E. holding that burglary is violent felony

assistant: The best answer is D. holding that driving while intoxicated is not a violent felony pursuant to 18 usc 924e2b
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received (i) the Historical Financial Statements, (ii) pro forma consolidated balance sheets and income statements of Parent and its Restricted Subsidiaries as at the Closing Date, reflecting the consummation of the Related Transactions, the related financings and the other transactions contemplated by the Credit Documents to occur on the Closing Date and (iii) the Projections.

assistant: Financial Statements
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: Sections 20(b) and 20(h) of each of the Partner Agreements is hereby amended by adding the phrase “, Class E-1 Common Units” immediately after the term “Retained P Units” where such latter term appears in such Sections 20(b) and 20(h), respectively.

assistant: Miscellaneous
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 not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties, it being recognized that both Seller and Buyer have contributed to the preparation of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower agrees that at any time, and from time to time, after execution and delivery of this Agreement, it shall, upon the request of Lender, execute and deliver such further documents and do such further things as Lender may reasonably request in order to more fully effectuate the purposes of 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: Bayview-Realty Assocs., 420 S.W.3d 358, 362 n.2 (Tex. App.-Houston [14th Dist.] 2014, no pet.). 8 . See Jones, 2013 WL 1188991, at *1-2; Welborn-Hosler, 870 S.W.2d at 328. 9 . See Jones, 2013 WL 1188991, at *1-2; Welborn-Hosler, 870 S.W.2d at 328; Jones v. Texas Dept. of Pub. Safety, 803 S.W.2d 760, 761 (Tex. App.-Houston [14th Dist.] 1991, no writ). 10 . See Tex. R. App. P. 44.1(a); Shaw v. Lemon, 427 S.W.3d 536, 543 (Tex. App.-Dallas 2014, pet. denied). 11 . See Mansfield State Bank, 573 S.W.2d at 185; Williams, 420 S.W.3d at 362 n.2. 12 . See In re Guar. Ins. Servs., Inc., 343 S.W.3d 130, 132 (Tex.2011) (orig. proceeding). 13 . See Jones, 2013 WL 1188991, at *1-2; Welborn-Hosler, 870 S.W.2d at 328; Jones, 803 S.W.2d at 761. 14 . See Tex. R. App. P. 44.1(a); Shaw, 427 S.W.3d at 543 Options: A. holding there was not plain error because a different result probably would not have been reached absent the trial courts alleged error B. holding cumulative error not reversible if it is more probably harmless than not C. holding that an error is harmless where it is highly probably that the error did not affect the outcome of the case D. holding that district courts error was not harmless because the court relied on an improper factor in imposing an upward departure E. holding that trial courts error in disqualifying plaintiffs lawyer was harmless because the record did not show that the disqualification probably caused the rendition of an improper judgment

assistant: The best answer is E. holding that trial courts error in disqualifying plaintiffs lawyer was harmless because the record did not show that the disqualification probably caused the rendition of an improper judgment
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: Corp., 491 So.2d 633, 636-37 (La.1986)). Furthermore, Ms. Munoz testified that she was making a legal right-hand turn from the shoulder of the road. See Winfield v. Dih, 2001-1357, p. 6 (La.App. 4 Cir. 4/24/02), 816 So.2d 942, 947. The trial court thus erred in shifting the duty to yield from Mr. Mayfield to Ms. Munoz, as a motorist is required by law to make a right turn from the area closest to the curb. See Winfield, 2001-1357, p. 6, 816 So.2d at 947; New Orleans Municipal Code Sec. 154-436(1). Notably, this Court recently recognized that “it is only in the exceptional case where the right of way motorist could have avoided the accident by the exercise of the very slightest degree of care that he will be considered guilty of negligence.” Edwards, 2008-0177, p. 8, 994 So.2d at 655 (<HOLDING>). I cannot agree that the trial court’s factual Options: A. holding that the fourth amendment was not implicated when an officer asked for passengers identification to see if he could drive a vehicle because the driver had a suspended license B. holding that officer may order driver out of vehicle once lawfully detained for traffic violation C. holding that the arresting officer did not have probable cause to stop the defendant for obstructing traffic because there was no evidence of intent to impede or hinder traffic where the vehicle was only briefly stopped in the roadway and the officer approaching the vehicle from behind did not have to stop or drive around the defendants vehicle D. holding that after making an arrest of the driver of a vehicle the police may search the passenger compartment of the vehicle E. holding that driver who crossed the favored street was 80 at fault for failing to see the approaching vehicle in oncoming traffic

assistant: The best answer is E. holding that driver who crossed the favored street was 80 at fault for failing to see the approaching vehicle in oncoming traffic
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: During the Employment Period, the Executive shall be entitled to a minimum of four weeks’ vacation per calendar year. The number of vacation days is prorated for the first and last calendar years of employment, and shall be determined by multiplying 20 by a fraction, the numerator of which is the number of days the Executive is employed by the Company during the applicable year and the denominator of which is 365.

assistant: Vacations
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 as otherwise provided herein, this Settlement Agreement shall constitute the entire agreement among the Parties pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, whether written or oral, of the Parties in connection herewith. No covenant, representation, or condition not expressed in this Settlement Agreement shall be binding upon the Parties or affect any express provision of this Settlement Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3.1(j) , there is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor, to the Company’s knowledge, any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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 legal provision and list the applicable contract clause categories. Provision: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank or the Revolving Lenders, the Issuing Bank hereby grants to each Revolving Lender, and each Revolving Lender hereby acquires from the Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Revolving Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by the Issuing Bank and not reimbursed by the Borrowers on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Borrowers for any reason. Each Revolving Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Revolving Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: At no time in this litigation have the rights of anyone other than the individually named plaintiffs and the certified class been asserted. As a result, appellees’ “overbreadth” challenge is based exclusively on a claim that the honorarium ban is overbroad precisely because it applies to them, and the instant case involves the assertion of first-party rights of parties presently before the Court. Appellees’ facial challenge, therefore, fails on the merits, in view of controlling precedent from the Supreme Court and this circuit which place cases such as this one outside the substantive bounds of the second type of facial challenge, i.e., the First Amendment overbreadth doctrine. See New York State Club Ass’n v. New York City, 487 U.S. 1, 11, 108 S.Ct. 2225, 2233, 101 L.Ed.2d 1 (1988) (<HOLDING>); Sanjour v. EPA, 984 F.2d at 442 Options: A. holding that a claim under the first amendment overbreadth doctrine will not succeed unless the challenged statute itself will significantly compromise recognized first amendment protections of parties not before the court B. holding that overbreadth claimant must still show that enforcement of the challenged statute against him is actual or imminent and quoting prime media v city of brentwood 485 f3d 343 350 6th cir 2007 because overbreadth creates an exception only to the prudential standing inquiry the supreme court has made clear that the injury in fact requirement still applies to overbreadth claims under the first amendment C. holding that the first amendment does not by itself give rise to a cause of action for damages D. holding that a claim not raised before the trial court will not be considered for the first time on appeal E. holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal

assistant: The best answer is A. holding that a claim under the first amendment overbreadth doctrine will not succeed unless the challenged statute itself will significantly compromise recognized first amendment protections of parties not before the 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 legal provision and list the applicable contract clause categories. Provision: If the Executive is no longer an employee of the Company and/or any subsidiaries of the Company, the Lease shall continue in full force and effect (subject to Tenant’s termination and other rights set forth in the Lease). Regardless of such termination of employment, for the Term of the Lease, Tenant will have ongoing ordinary income taxable as wages, subject to information reporting on IRS Form W-2, and the Company will have ongoing income and payroll tax withholding obligations with respect to the Lease Differential Amount (hereinafter defined), and upon exercise of the Original Purchase Price Option (hereinafter defined), if applicable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and any Related Entity are authorized to withhold from any Award granted, any payment relating to an Award under the Plan, including from a distribution of Shares, or any payroll or other payment to a Participant, amounts of withholding and other taxes due or potentially payable in connection with any transaction involving an Award, and to take such other action as the Committee may deem advisable to enable the Company or any Related Entity and Participants to satisfy obligations for the payment of withholding taxes and other tax obligations relating to any Award. This authority shall include authority to withhold or receive Shares or other property and to make cash payments in respect thereof in satisfaction of a Participant’s tax obligations, either on a mandatory or elective basis in the discretion of the Committee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless previously terminated, the Commitments shall terminate in full at 6:00 p.m. (New York Time) on the date a Mandatory Cancellation Event occurs or exists, for the avoidance of doubt, on such date but immediately after the relevant Mandatory Cancellation Event occurs or first exists. Additionally, each Lender’s Commitment will be permanently reduced upon such Lender making any Loan under such Commitment by an amount equal to the Dollar Equivalent of such Loan. Any termination or reduction of the Commitments shall be permanent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in state court, Romagosa and Brown filed supplemental proceedings against the P.A., Van Diepen, and OIM pursuant to Fla. Stat. § 56.29. Section 56.29(6)(b) states that “[w]hen any gift, transfer, assignment or other conveyance of personal property has been made or contrived by defendant to delay, hinder or defraud creditors, the court shall order the gift, transfer, assignment or other conveyance to be void-” Fla. Stat. § 56.29(6)(b). The purpose of § 56.29 is to assist judgment creditors in reaching the assets of judgment debtors. Morton v. Cord Realty, Inc., 677 So.2d 1322, 1324 (Fla.Dist.Ct.App.1996). Once the P.A. filed for bankruptcy, Ro-magosa’s supplementary proceeding action was properly stayed by the bankruptcy court. See In re Saunders, 101 B.R. 303, 306 (Bankr.N.D.Fla.1989) (<HOLDING>). The bankruptcy court ordered the Trustee to Options: A. holding that the automatic stay did not bar the filing of a proof of claim where the debtor actively litigated a separate action during the pending bankruptcy proceeding because to permit the automatic stay provision to be used as a trump card played after an unfavorable result was reached would be inconsistent with the underlying purpose of the automatic stay B. holding rule 11 sanction proceeding was exempt from automatic stay C. holding that a state is immune by virtue of 11 usc 106c from money damages for violating the automatic stay provision of 11 usc 362a D. holding that although the automatic stay only applies to proceedings against the debtor counterclaims seeking affirmative relief against a debtor implicate the automatic stay E. holding that the plaintiffs 5629 action against the defendant for alleged fraudulent transfers was subject to the automatic stay provision 11 usc 362a

assistant: The best answer is E. holding that the plaintiffs 5629 action against the defendant for alleged fraudulent transfers was subject to the automatic stay provision 11 usc 362a
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: confidential source was not sufficiently corroborated before the warrantless probation search to satisfy a reasonable suspicion standard. Defendant cites to Urioste indicating an informant’s information must be sufficiently verified to show “past, present or pending criminal conduct” likely occurred or is occurring. 2002-NMSC-023, ¶ 9, 132 N.M. 592, 52 P.3d 964 (internal quotation marks and citation omitted). {51} Our Supreme Court further explained in Urioste that when a confidential source’s tip has a relatively low degree of reliability, but is corroborated by subsequent investigation, even the observation of lawful conduct can establish reasonable suspicion. Id. ¶¶ 16-17. In the present case, the district court ruled reasonable suspicion existed based on t N.M. 742, 975 P.2d 355 (<HOLDING>); State v. Taylor, 1999-NMCA-022, ¶ 8, 126 N.M. Options: A. holding an informants tip if questionable can be corroborated by the observation of lawful conduct B. holding an informants tip can establish reasonable suspicion without investigative confirmation if the tip is credible C. holding that an uncorroborated callers tip did not create reasonable suspicion D. holding that a tip may provide the reasonable suspicion necessary to justify an investigatory stop E. holding a tip by informant who claimed to witness wrongdoing sufficient to establish reasonable suspicion

assistant: The best answer is B. holding an informants tip can establish reasonable suspicion without investigative confirmation if the tip is credible
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’s obligations under this Section 2.17 shall survive any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all other obligations under any Credit Document.

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 case excerpt and choose the best holding from the options. Case excerpt: 480 U.S. 531, 546 n. 12, 107 S.Ct. 1396, 94 L.Ed.2d 542 (1987) (standard for permanent injunction is essentially same for preliminary injunction, except actual success replaces need to show likelihood of success on merits). An action at law only allows recovery of “bid preparation costs in a suit for damages, but not loss of anticipated profits,” leaving a bid protestor irreparably harmed. Essex Electro Eng’rs, Inc. v. United States, 3 Cl.Ct. 277, 287 (1983), aff'd, 757 F.2d 247 (Fed.Cir.1985); see also Keco Indus., Inc. v. United States, 203 Ct.Cl. 566, 575 n. 5, 492 F.2d 1200, 1204 n. 5 (1974) (acknowledging existence of damages remedy sometimes reason for denial of injunctive relief in federal district court); M. Steinthal & Co., Inc. v. Seamans, 455 F.2d 1289, 1302 (D.C.Cir.1971) (<HOLDING>). Plaintiffs showing that it would be Options: A. holding that a dismissal based on a jurisdictional statute of limitations does not constitute a judgmerit on the merits because a judgment on the merits can only be rendered after a court has jurisdiction B. holding that owners testimony that he lost 200200 in income was legally insufficient because it did not provide any indication of how the owner determined what his lost profits were C. holding a district court lost subjectmatter jurisdiction over the merits of the case when it issued an order of dismissal without prejudice D. holding that availability of damages which do not include lost profits does not warrant automatic dismissal of injunction regardless of strength of claim on merits E. holding that a dismissal on limitations grounds is a judgment on the merits

assistant: The best answer is D. holding that availability of damages which do not include lost profits does not warrant automatic dismissal of injunction regardless of strength of claim on merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Judge. Devin Lavonne Bryant appeals his judgment and sentence for aggravated assault with a deadly weapon as against victim Leugim Freytes-Calderon. We conclude that the circuit court properly denied Bryant’s motion for judgment of acquittal, and we therefore affirm. Bryant argues that bec 5th DCA 2003) (<HOLDING>); Parker v. State, 389 So.2d 336, 337 (Fla. 4th Options: A. holding that evidence was sufficient where there was testimony that appellant was seen threatening the victim and that other people were afraid B. holding that evidence was sufficient to establish aggravated assault where appellant was seen pointing and firing a gun at two women C. holding that evidence was sufficient where appellant verbally threatened victim and pointed gun at him and then at a group of people causing everyone to scatter D. holding that evidence that victims body was found naked that victim had been seen pushing the defendant away before she was shot and that there were possible finger marks on one of the victims thighs was insufficient evidence to support attemptedrape conviction E. holding that the trial court properly failed to instruct the jury on voluntary intoxication and manslaughter where there was no evidence that the appellant was intoxicated at the time of the offense although there was evidence that the appellant had been drinking beer on the day of the offense where there was no evidence concerning the quantity of beer he had consumed

assistant: The best answer is A. holding that evidence was sufficient where there was testimony that appellant was seen threatening the victim and that other people were afraid
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 questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in New York County, New York for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery). Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. Each party irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. If either party shall commence an action or proceeding to enforce any provisions of the documents contemplated herein, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Award Agreement and the Plan together constitute the entire agreement and supersede all prior understandings and agreements, written or oral, of the parties hereto with respect to the subject matter hereof. The Plan and this Award Agreement may be amended pursuant to Section 8.6 of the Plan. Such amendment must be in writing and signed by the Company. The Company may, however, unilaterally waive any provision hereof in writing to the extent such waiver does not adversely affect the interests of the Participant hereunder, but no such waiver shall operate as or be construed to be a subsequent waiver of the same provision or a waiver of any other provision hereof.

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: Subject to the terms of the Plan and this Agreement, the Shares subject to the Award shall be deemed earned and vested, and such Shares shall be distributable as provided in Section 8 herein, upon such date or dates, and subject to such conditions, as are described in this Agreement, including Section 3 of Schedule A. Without limiting the effect of the foregoing, the Shares subject to the Award may vest and be earned in installments over a period of time, if so provided in Schedule A. The Participant expressly acknowledges that the Award shall vest and be earned only upon such terms and conditions as are provided in this Agreement (including Schedule A and Schedule B) and otherwise in accordance with the terms of the Plan . Notwithstanding the foregoing, the Participant shall be entitled to the greater of the benefits provided in this Agreement and any Change in Control Agreement, Employment Agreement or any other similar agreement between the Participant and the Company with respect to the terms governing the earning and vesting of the Award. Without limiting the effect of the foregoing, the Participant understands and agrees that the Administrator may delay the vesting of the Award (or portion thereof) and the issuance of the underlying Shares in order to comply with Applicable Law or applicable policies of the Company implemented to ensure compliance with such laws (including but not limited to insider trading provisions and the Company’s insider trading policy); provided, however, that any such delay in vesting of the Award or issuance of Shares shall not apply to any Shares subject to an effective Rule 10b5-1 trading plan. The Administrator has sole authority to determine whether and to what degree the Award has been earned and vested and to interpret the terms and conditions of this Agreement and the Plan.

assistant: Vesting
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: tinder provides the service on an `` as is '' and `` as available '' basis and to the extent permitted by applicable law , grants no warranties of any kind , whether express , implied , statutory or otherwise with respect to the service ( including all content contained therein ) , including , without limitation , any implied warranties of satisfactory quality , merchantability , fitness for a particular purpose or non-infringement .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall indemnify the Executive to the full extent provided in the Company’s and Holdings’ respective Certificates of Incorporation and Bylaws and the law of the State of Delaware in connection with her activities as an officer of the Company and Holdings.

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: 244 (2d Cir.2006) (remanding where district court made “anomalous and incomplete” factfindings); United States v. Pena, 961 F.2d 333, 337 (2d Cir.1992) (remanding where record did not allow the panel to determine whether the defendant had a reasonable expectation of privacy in the car being searched); United States v. Gorski, 852 F.2d 692, 696 (2d Cir.1988) (remanding where there was no evidence that it was inevitable that an inventory search would be conducted). 5 . See United States v. Matsushita, 794 F.2d 46, 49 (2d Cir.1986) (remanding where it was unclear whether the district court's probable cause finding referred to the initial seizure or the defendant's eventual arrest at the police station). 6 . See Smith v. Maryland, 442 U.S. 735, 742-44, 99 S.Ct. 2577, 61 L.Ed.2d 220 (1979) (<HOLDING>); United States v. Miller, 425 U.S. 435, 443, Options: A. holding that a telephone companys white pages lack the requisite originality for copyright protection where the telephone company merely published basic subscriber information name town and telephone number and arranged it alphabetically based on surnames B. holding that defendant lacked reasonable expectation of privacy in phone and fax numbers dialed C. holding that the defendant had a reasonable expectation of privacy in a telephone booth D. holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company E. holding that telephone users have no expectation of privacy in dialed telephone numbers because they voluntarily expose such information to the service provider

assistant: The best answer is D. holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company
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 and delivery of this Agreement by the Member, and its performance of its obligations hereunder in accordance with the terms hereof: (i) will not require the consent of any third party or any federal, state, local or foreign government or any court of competent jurisdiction, administrative agency or commission or other governmental authority or instrumentality, domestic or foreign (“ Governmental Entity ”) under any statutes, laws, ordinances, rules, regulations, orders, writs, injunctions, judgments, or decrees (collectively, “ Laws ”); (ii) will not violate any Laws applicable to the Member; and (iii) will not violate or breach any contractual obligation to which they are a party.

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 case excerpt and choose the best holding from the options. Case excerpt: 328 (1994); Jones v. Roadway Express, Inc., 931 F.2d 1086, 1092 (5th Cir.1991) (<HOLDING>). Even within this district, there is a split Options: A. holding that texas cause of action for retaliation does arise under its workers compensation laws B. holding that 255111 claim does not arise under alabamas workers compensation laws C. holding that retaliation claim did not arise under states workers compensation laws D. holding the retaliation claim did arise under states workers compensation laws E. holding action did not arise under the patent laws

assistant: The best answer is A. holding that texas cause of action for retaliation does arise under its workers compensation 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: (citing CBS, 729 F.2d at 1180) (the court must examine the capacity of pretrial publicity “to inflame and prejudice the entire community"). Both demonstrate that this case is simply not one of the rare instances in which pretrial publicity mandates prior restraints, This civil trademark infringement action involves issues that are far more banal than the subject matters of the criminal trials in which pretrial publicity has presented serious constitutional problems. See, e.g., CBS, 729 F.2d at 1181 (collecting cases that involved armed robbery, kidnapping, bludgeoning, and murder, and concluding prosecution of prominent defendant for conspiracy to import cocaine was not lurid or highly inflammatory); Sheppard v. Maxwell, 384 U.S. 333, 356, 363, 86 S.Ct. 1507, 16 L.Ed.2d 600 (1966) (<HOLDING>). And, as we have long held, pretrial publicity Options: A. holding that indictment for murder in the first degree charges murder by whatever means it may have been committed regardless of the theory of murder presented to the grand jury B. holding that media coverage contributed to due process violation in murder trial that intrigued and captivated the public fancy to a degree perhaps unparalleled in recent annals C. holding that in similar factual situation no due process violation occurred D. holding that the crime of attempted first degree felony murder does not exist E. holding different rule applicable for conviction of second degree murder

assistant: The best answer is B. holding that media coverage contributed to due process violation in murder trial that intrigued and captivated the public fancy to a degree perhaps unparalleled in recent annals
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: 357 U.S. 576 78 S.Ct. 1387 2 L.Ed.2d 1548 Veto GIORDENELLO, petitioner,v.UNITED STATES of America. No. 515, Misc. Supreme Court of the United States June 30, 1958 Mr. William F. Walsh, for petitioner. Solicitor General Rankin, for the United States. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment of the United States Court of Appeals for the Fifth Circuit is reversed. Giordenello v. United States, 357 U.S. 480, 78 S.Ct. 1245, decided this day. 2 Mr. Justice BURTON, Mr. Justice CLARK, and Mr. Justice WHITTAKER dissent for the reasons set forth in the dissenting opinion in 357 U.S. 489, 78 S.Ct. 1251, decided this day.

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: individual statutes. See United States ex rel. Merena v. Smithkline Beecham Clinical, 52 F.Supp.2d 420 (E.D.Pa.1998), rev’d on other grounds, United States ex. rel. Merena v. SmithKline Beecham Corp., 205 F.3d 97 (3d Cir.2000). Any procedural failures on the part of the Relator must be considered in terms of their impact on such establishment of rights. 2. Service defects that frustrate statutory purposes will invalidate relators’ claims Although a few district courts outside the Third Circuit have held that the FCA’s filing and service requirements are jurisdictional, other persuasive circuit authority calls for a balancing of factors when determining whether procedural defects warrant dismissal. See United States ex rel. Lujan v. Hughes Aircraft Co., 67 F.3d 242, 245 (9th Cir.l995)(<HOLDING>); United States ex. rel. Pilon v. Martin Options: A. holding that notice requirements under rule 252b3 are jurisdictional B. holding that regulatory requirements are not jurisdictional in nature C. holding explicitly that fca filing and service requirements are not jurisdictional requirements and requiring the district court to assess whether and to what extent the government was harmed before sanctioning relator with dismissal D. holding that notice requirements of 4206a are jurisdictional E. holding service requirements under fedrcivp 4 to be jurisdictional

assistant: The best answer is C. holding explicitly that fca filing and service requirements are not jurisdictional requirements and requiring the district court to assess whether and to what extent the government was harmed before sanctioning relator with dismissal
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 Bond offering because they underwrote the transaction and sold the Bonds to investors, either directly or through their brokers. Indeed, given the role of underwriters generally, Baird, Jones, and Stern “had a duty to make an to speak, they knew investors might rely on the statements made. The law firms’ duty, however, must also be considered in light of the services they were retained to perform. Because Kutak and Stinson were not hired to opine on the feasibility of the Event Center, they cannot have been held to a duty to investigate or determine whether the financial projections were realistic unless these firms otherwise became involved in the making, preparing, or drafting of those projections. See N.Y. City Emps.’ Ret. Sys. v. Berry, 616 F.Supp.2d 987, 994 (N.D.Cal.2009) (<HOLDING>). Similarly, to the extent the law firms Options: A. holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors B. holding that substantial participation requires particular facts relating to each djefendants specific role in the preparation of each of the allegedly misleading statements C. recognizing that questions of changed conditions and the amount of child support must be resolved on the particular facts of each case D. holding that district court must conduct individualized assessment based on particular facts of each case E. holding that the issue of waiver requires an analysis of the specific facts in each case

assistant: The best answer is B. holding that substantial participation requires particular facts relating to each djefendants specific role in the preparation of each of the allegedly misleading statements