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: Except as expressly provided in this Agreement, if the Participant has not been continuously and actively employed with a member of the Mondelēz Group that employs the Participant (the “ Employer ”), from the date of the Notice through the last date of the Performance Cycle or if the Participant is not an employee in good standing with the Employer on the date of payment described in Section 4(a) hereof, the LTI Grant will be forfeited immediately and without any further action by the Company or the Committee. For purposes of the preceding sentence, the Participant will not be considered to be continuously and actively employed with the Employer once he or she has stopped providing services, notwithstanding any notice period mandated under the employment laws of the country where the Participant resides ( e.g. , active employment would not include a period of “garden leave” or similar period pursuant to the employment laws of the country where the Participant resides), unless otherwise determined by the Company on a country-by-country basis. Unless otherwise determined by the Committee, a leave of absence shall not constitute a termination of continuous service. The Committee has the exclusive discretion to determine when a Participant is no longer actively employed for purposes of the LTI Grant, subject to compliance with Section 409A of the Code.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Term of this Plan (the “ Term ”) commenced on the Effective Date and shall continue in effect through June 30, 2019; provided, however , that commencing on July 1, 2019 and each July 1 st thereafter, the Term shall automatically be extended for one additional year unless, not later than three months prior to the expiration of the Term (i.e., on or before April 1), the Administrator shall have given notice not to extend the Term. Notwithstanding the foregoing, if a Change in Control occurs during the Term, then the Plan shall terminate upon the date that all obligations of the Company hereunder have been satisfied.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: PCI Transp., Inc. v. Fort Worth & W. R.R. Co., 418 F.3d 535, 545 (5th Cir.2005) (no need to enjoin allegedly improper fees, when any improper fees levied would be recoverable upon success on the merits); Jayaraj v. Scappini, 66 F.3d 36, 39 (2d Cir.1995) (no need for injunction where failure to renew his employment contract for an additional term can be redressed by money damages upon success on the merits). 3 .Mr. Alvord accuses the appellees of filing the malpractice action separately as "an end run around amending the complaint in the present action.” We note that our holding would be no different if the malpractice action were in the same proceeding as the probate action, for the two claims are separate and distinct. See Astor Pictures Corp. v. Shull, 64 A.2d 160, 161 (D.C.1949) (<HOLDING>). 4 . D.C.Code § 14-302(a) (2001) ("In a civil Options: A. holding unanimity requirement not violated when charge stated two separate counts with two separate and distinct offenses in each case B. holding that the separate and distinct claims of two or more plaintiffs cannot be aggregated to establish jurisdiction C. holding that the evidence supported two separate convictions and punishments for two attempted robberies of two different victims who suffered separate and distinct harms D. holding that if a single primary right should be invaded by two distinct and separate legal wrongs two causes of action would result E. holding that congress envisioned two separate petitions filed to review two separate final orders

assistant: The best answer is D. holding that if a single primary right should be invaded by two distinct and separate legal wrongs two causes of action would result
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 Fifth Circuit has recognized that a statute does not leave a claimant “without any ‘viable’ defendants or ‘effectively den[y] a cause of action’ ” when she has claims remaining against other defendants. Jones, 785 F.2d at 1273 (citing Nelson v. Metallic-Braden Bldg. Co., 695 S.W.2d 213, 215 (Tex.App.-Houston [1st Dist.] 1985, writ ref'd n.r.e.)); see also Gomez v. Pasadena Health Care Mgmt., 246 S.W.3d 306, 314 (Tex.App.-Houston [14th Dist.] 2008, no pet.) (concluding that three-year survival statute for minor’s health-care liability claim did not effectively abrogate claimant’s right to redress against medical center and its general partner because claimant had alternative remedy of suit against physicians); Wilson v. AC & S, Inc., 169 Ohio App.3d 720, 864 N.E.2d 682, 695 (2006) (<HOLDING>), appeal dism’d, 113 Ohio St.3d 1457, 864 Options: A. holding that new statute which required proof that asbestos exposure was substantial contributing factor to claimants medical condition could be applied to pending cases and did not abrogate claimants vested right because she was still able to pursue her cause of action and recover for injury caused by her husbands exposure to asbestos statute merely affected methods and procedure by which that action was recognized protected and enforced not the cause of action itself B. holding that cause of action for asbestosis accrues upon discovery of disease not at time of exposure to asbestos C. holding under facts presented that new statute could be applied to plaintiffs case because she was still able to pursue cause of action for injury caused by husbands exposure to asbestos D. recognizing the cause of action E. recognizing negligence cause of action for failure to maintain medical records preservation of which was required by statute

assistant: The best answer is A. holding that new statute which required proof that asbestos exposure was substantial contributing factor to claimants medical condition could be applied to pending cases and did not abrogate claimants vested right because she was still able to pursue her cause of action and recover for injury caused by her husbands exposure to asbestos statute merely affected methods and procedure by which that action was recognized protected and enforced not the cause of action itself
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement, the Note by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance and reservation for issuance of the Conversion Shares) will not (i) conflict with or result in a violation of any provision of the Certificate of Incorporation or By-laws, or (ii) violate or conflict with, or result in a breach of any provision of, or constitute a default (or an event which with notice or lapse of time or both could become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture, patent, patent license or instrument to which the Company or any of its subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and regulations of any self-regulatory organizations to which the Company or its securities are subject) applicable to the Company or any of its subsidiaries or by which any property or asset of the Company or any of its subsidiaries is bound or affected (except for such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as would not, individually or in the aggregate, have a material adverse effect). All consents, authorizations, orders, filings and registrations which the Company is required to obtain pursuant to the preceding sentence have been obtained or effected on or prior to the date hereof. The Company is not in violation of the listing requirements of the OTCQB marketplace (the “OTCQB”) and does not reasonably anticipate that the Common Stock will be delisted by the OTCQB in the foreseeable future, nor are the Company’s securities “chilled” by DTC. The Company and its subsidiaries are unaware of any facts or circumstances which might give rise to any of the foregoing.

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: raw data would be destroyed after two years. See Caulfield, 722 N.W.2d at 313. And while the doctrine of forfeiture by wrongdoing continues to apply to Confrontation Clause violations under Crawford, that doctrine is usually applied in cases involving witness tampering or some other type of threats to witnesses to procure their unavailability. See Caulfield, 722 N.W.2d at 311-12; see also State v. Alvarez-Lopez, 136 N.M. 309, 98 P.3d 699, 703-05 (2004), cert. denied, 543 U.S. 1177, 125 S.Ct. 1334, 161 L.Ed.2d 162 (2005) (defendant did not forfeit his right to confrontation under Crawford by absconding from state and remaining fugitive for seven years). The loss of evidence from a delay in trial is often predictable. See generally Black v. State, 725 N.W.2d 772, 776 (Minn.App.2007) (<HOLDING>). Thus, a defendant may be deemed to forfeit Options: A. holding that motion to withdraw guilty plea was untimely when made more than two years later given that drug evidence had been destroyed and witnesses memories had likely faded B. holding that district court did not abuse its discretion in denying a motion to withdraw guilty plea filed three weeks after entering the plea C. holding that where a witness had been convicted seventeen years earlier but had been given probation and had not been confined the date of the conviction controlled D. holding that trial court lacked jurisdiction to consider defendants motion to withdraw guilty plea filed beyond term of court in which defendant was sentenced E. holding that a motion to withdraw a guilty plea was not pending because nothing was left for the court to decide

assistant: The best answer is A. holding that motion to withdraw guilty plea was untimely when made more than two years later given that drug evidence had been destroyed and witnesses memories had likely faded
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) Each of the parties hereto hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of any New York State court or federal court of the United States of America sitting in New York County, and any appellate court from any thereof (collectively, “ New York Courts ”), in any action or proceeding arising out of or relating to this Agreement or the other Loan Documents, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding shall be heard and determined in such New York State court or, to the extent permitted by law, in such federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement shall affect any right that any party may otherwise have to bring any action or proceeding relating to this Agreement or any of the other Loan Documents in the courts of any jurisdiction, except that each of the Loan Parties agrees that (a) it will not bring any such action or proceeding in any court other than New York Courts (it being acknowledged and agreed by the parties hereto that any other forum would be inconvenient and inappropriate in view of the fact that more of the Lenders who would be affected by any such action or proceeding have contacts with the State of New York than any other jurisdiction), and (b) in any such action or proceeding brought against any Loan Party in any other court, it will not assert any cross-claim, counterclaim or setoff, or seek any other affirmative relief, except to the extent that the failure to assert the same will preclude such Loan Party from asserting or seeking the same in the New York Courts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the more clear in light of the materials on which we relied in our agency analysis in Laurel Baye. All the sources we cited dealt with an agent who had authority to speak finally on the principal’s behalf with permanent legal effect. See, e.g., Restatement (Third) of Agency § 3.07(4) (2006) (explaining that an agent’s actual authority to affect its principal’s legal relations expires when the principal’s power to act is suspended); 2 William Meade Fletcher, Fletcher Cyclopedia of the Law of Corporations § 504 (2008) (same, with respect to the resignation or termination of the delegating authority); Id. § 421 (“If there are fewer than the minimum number of directors required by statute, [the remaining directors] cannot act as a board.”); Emerson v. Fisher, 246 F. 642, 648 (1st Cir.1918) (<HOLDING>). In every case the cited rule prohibits an Options: A. holding that a corporate officer signing a contract in his corporate capacity is generally not liable for damages under the contract B. holding that a corporate treasurers resignation terminated any authority delegated by the treasurer to other individuals C. holding that the general corporate laws are incorporated into the corporate charter D. holding that a fraudulent transfer claim against a corporate debtors control person belongs to the corporate debtor not to specific creditors E. holding that a corporate treasurers delegee lacks authority to disburse corporate funds after the treasurer himself resigns

assistant: The best answer is E. holding that a corporate treasurers delegee lacks authority to disburse corporate funds after the treasurer himself resigns
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: Manager shall use commercially reasonable efforts to prevent any liens from being filed against the Facility which arise from any maintenance, repairs, alterations, improvements, renewals or replacements in or to the Facility. Manager shall not file any lien against the Facility.

assistant: Liens
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 Selling Stockholder has full right, power and authority to enter into this Agreement and to perform its obligations hereunder. This Agreement has been duly authorized, executed and delivered by the Selling Stockholder.

assistant: Authorizations
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 Seventh Amendment may be executed in one or more counterparts, each of which shall be deemed an original but which together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or other electronic imaging means (e.g. "pdf" or "tif") shall be effective as delivery of a manually executed counterpart of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an Eligible Assignee in accordance with the provisions of clause (b) below, (ii) by way of participation in accordance with the provisions of clause (d) below or (iii) by way of pledge or assignment of a security interest subject to the restrictions of clause (f) below (and any other attempted assignment or transfer by the Borrower or any Lender shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in clause (d) below and, to the extent expressly contemplated hereby, the other Indemnitees) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: is not unconstitutionally vague. See United States v. Meraz-Valeta, 26 F.3d 992 (10th Cir.1994); United States v. Whittaker, 999 F.2d 38, 42 (2d Cir.1993). Ayala also contends that § 1326 is void as applied to him because INS Form I-294 did not specifically warn him that being “found in” the United States after deportation was a violation of § 1326. The argument lacks merit. Form 1-294 specifically states that “by law ... any deported person who within five years returns without permission is guilty of a felony.” It provided an adequate warning that being “found in” the United States constituted a felony. More importantly, even if the warning on Form I-294 was inadequate, the proper inquiry is whether the controlling statute, i.e. § 1326, is vague. See Ullyses-Salazar, 28 F.3d at 936 (<HOLDING>). B. Status Crimes Ayala argues that the “found Options: A. holding that vagueness inquiry is limited to whether the terms of the statute itself are vague and that vagueness doctrine does not extend to incorrect information contained on form 1294 B. holding that the appropriate inquiry under aedpa is not whether a federal court believes a state courts determination was incorrect but whether that determination was unreasonablea substantially higher threshold C. holding appeal of termination is limited to information that is part of the record D. recognizing that the right does not extend to committing perjury E. holding that the tucker acts waiver does not extend to statutory claims

assistant: The best answer is A. holding that vagueness inquiry is limited to whether the terms of the statute itself are vague and that vagueness doctrine does not extend to incorrect information contained on form 1294
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: International Harvester Co., 265 Ind. at 178-79, 352 N.E.2d at 489-90. Meade, 644 N.E.2d at 88-89.. The second is a policy prohibiting collateral attacks on judgments: The prohibition against collateral attacks is long-standing. See State ex rel. McClure v. Marion Superior Court (1959), 239 Ind. 472, 158 N.E.2d 264 (vacating collateral injunction in favor of prior action involving appointment power of governor); State ex rel. Montgomery v. Superior Court (1958), 238 Ind. 664, 154 N.E.2d 375 (vacating collateral injunction in favor of pending action to establish possession of business). Such machinations are especially egregious in this context because the interests of children require stability and continuity in the legal process. Cf. In re Lemond (1980), 274 Ind. 505, 413 N.E.2d 228 (<HOLDING>). - Meade, 644 N.E.2d at 89. IV In her brief Options: A. holding judges and attorneys in eriminal contempt for permitting father to attack collaterally mothers eustody of child through sham child in need of services action B. recognizing a district courts continuing jurisdiction over child eustody and child maintenance determinations C. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity D. holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries E. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child

assistant: The best answer is A. holding judges and attorneys in eriminal contempt for permitting father to attack collaterally mothers eustody of child through sham child in need of services action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No investigation, action or proceeding is pending and, to SNH’s knowledge, no action or proceeding is threatened and no investigation looking toward such an action or proceeding has begun, in respect of SNH or any of its subsidiaries which questions the validity of the Transaction Documents or any action taken or to be taken pursuant thereto.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the fullest extent permitted by law , in no event will spotify , its officers , shareholders , employees , agents , directors , subsidiaries , affiliates , successors , assigns , suppliers , or licensors be liable for ( 1 ) any indirect , special , incidental , punitive , exemplary , or consequential damages ; ( 2 ) any loss of use , data , business , or profits ( whether direct or indirect ) , in all cases arising out of the use or inability to use the spotify service , third party applications , or third party application content , regardless of legal theory , without regard to whether spotify has been warned of the possibility of those damages , and even if a remedy fails of its essential purpose ; or ( 3 ) aggregate liability for all claims relating to the spotify service , third party applications , or third party application content more than the amounts paid by you to spotify during the prior twelve months in question , to the extent permissible by applicable law .

assistant: Limitation of liability
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: second , you acknowledge and agree that each affiliate of evernote shall be a third party beneficiary to these terms and that such other companies shall be entitled to directly enforce , and rely upon , any provision of these terms which confers a benefit on ( or provides rights in favor of ) them .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are a masquerade user located in the united states or canada , the `` special arbitration provision for the united states or canada users '' section below applies to 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: would have subject matter jurisdiction over the Plaint 1993 WL 1156110, at *3 (D.S.C. Jan. 7, 1993) (citing numerous state and federal decisions to support its holding that “because hospitals are primarily engaged in the business of providing medical services, rather than selling products, strict liability should not be imposed if the medical services involve the use of a product.”). A few state courts have, however, held that a hospital or physician can be deemed a seller or distributor of medical devices for the purposes of a breach of warranty claim. See, e.g., Mauran v. Mary Fletcher Hosp., 318 F.Supp. 297, 300 (D.Vt.1970) (predicting that a hospital could be liable for breach of warranty for selling a defective drug); Palmer v. A.H. Robins Co., Inc., 684 P.2d 187, 207 (Colo.1984) (<HOLDING>); Skelton v. Druid City Hosp. Bd., 459 So.2d Options: A. holding that the uniform commercial code specifically encompassed a software licensing agreement B. holding that the physician who included the cost of an intrauterine contraceptive device in the fee for his insertion of the device was a seller under the uniform commercial code C. holding that the hospital was fraudulently joined because it did not meet the definition of seller as defined by mississippis product liability statute or under the uniform commercial code D. holding unconscionable a disclaimer of warranties under the uniform commercial code where there was allocation of commercial risks in a socially or economically unreasonable manner E. holding that no proximate causation existed where a treating physician is well aware of the risks of a medical device independent of any warning by the manufacturer

assistant: The best answer is B. holding that the physician who included the cost of an intrauterine contraceptive device in the fee for his insertion of the device was a seller under the uniform commercial code
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Confidentiality obligations shall survive termination of this Agreement for the Period of Confidentiality set forth above unless the Confidential Information is a trade secret, in which case the confidentiality obligations shall continue for as long as the information is a trade secret. Sections 1, 2, 3, 4, 5, 6, 17, 18, 19 and any sections (or parts thereof) which, by their nature, are intended to survive termination shall survive termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the direct and indirect subsidiaries of the Company are set forth on Schedule 3.1(a) . The Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary (if any) free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

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: The Indenture Trustee, in its capacity as such hereunder, shall be responsible for the performance only of such duties as are specifically set forth herein, and no duty shall be implied from any provision hereof. The Indenture Trustee shall not be under any obligation or duty to perform any act which would involve it in expense or liability or to institute or defend any suit in respect hereof, or to advance any of its own monies. The Obligors shall, jointly and severally, indemnify, defend and hold the Indenture Trustee, its employees, directors, officers, managers, representatives and agents harmless from and against any loss, liability, expenses, judgments and amounts paid in settlements, cost or damage (including costs and expenses of litigation and investigations, reasonable attorneys’ fees and disbursements) incurred by the Indenture Trustee in connection with the transactions contemplated hereby, except to the extent that such loss or damage results from the Indenture Trustee’s fraud, bad faith, negligence or willful misconduct. The foregoing indemnity shall survive the termination of this Agreement or the earlier resignation or removal of the Indenture Trustee.

assistant: Indemnity
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: At any time upon request of the Lender, promptly execute and deliver any and all further instruments and documents and take all such other action (including promptly completing any registration or stamping of documents as may be applicable) as the Lender may deem necessary or desirable to maintain in favor of the Lender, for the benefit of the Secured Parties, Liens and insurance rights on the Collateral that are duly perfected in accordance with the requirements of, or the obligations of the Loan Parties under, the Loan Documents and all applicable Laws.

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: of undue delay, waste of time, or needless presentation of cumulative evidence.” According the government, admitting Fulero’s testimony would incite unfair prejudice because his assertions would confuse and mislead jurors about their role as the ultimate arbiters of eyewitnesses’ credibility. The Eleventh Circuit has not had occasion to address whether eyewitness-identification expert testimony would violate Rule 403, and other circuits have split on this question. The Second, Seventh, and Eighth Circuits have reasoned that eyewitness-identification expert testimony might usurp the jury’s role of determining witness credibility, thus causing jurors to be confused and misled regarding their role as the trier of fact. United States v. Lumpkin, 192 F.3d 280, 289 (2d Cir.1999) (<HOLDING>); United States v. Kime, 99 F.3d 870, 884 (8th Options: A. holding that the trial court was within its discretion to exclude because the record showed considerable confusion on the part of the juror B. holding it was not an abuse of discretion to exclude testimony C. holding trial court acted within its discretion in excluding expert testimony D. recognizing that the need for the expert was so great that the decision to preclude the expert effectively amounted to dismissal of case E. holding a district court was within its discretion to exclude an expert who would effectively have inserted his own view of the officers credibility for that of the jurors thereby usurping their role

assistant: The best answer is E. holding a district court was within its discretion to exclude an expert who would effectively have inserted his own view of the officers credibility for that of the jurors thereby usurping their role
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: account in Switzerland, (Kirwan Dep. at 91), but he does not know the name of the bank (id.) and does not have any documents in Australia that show the identity of the bank (id.) despite his position as trustee. If such statements were not enough to warrant dismissal of Kirwan’s assertions in this examination, I observe that Kirwan never acknowledges actually having the assets anywhere in the transcript. Put simply, there is no new evidence before me. Armstrong has provided me, but mostly the Court of Appeals, nothing but self-serving and conclusory statements that he does not have possession, custody or control over the assets sought by the Temporary Receiver, but has come forward with no hard evidence to substantiate this assertion. See Rylander, 460 U.S. at 757-758, 103 S.Ct. 1548 (<HOLDING>). Thus, he has not satisfied his burden of Options: A. holding that section 523a2c shifts the burden of production and not the burden of proof on the issue of intent only B. holding employer satisfied its burden of production C. holding that plaintiff bears burden of production as well as persuasion D. holding defendant does not meet burden of production with an ex parte affidavit denying ability to comply E. holding that the employers burden is one only of production inasmuch as the burden of proving an improper motive always remains with the plaintiff

assistant: The best answer is D. holding defendant does not meet burden of production with an ex parte affidavit denying ability to comply
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: from inquiring into or introducing evidence about such lawsuits. [¶ 35.] Over defense counsel’s objection, Veith offered Hunnington’s testimony to refute Dr. O’Brien’s testimony that all of his patients received and were instructed on the gastric bypass procedures described in both the ASBS booklet and in Dr. O’Brien’s booklet. Veith now alleges that defense counsel’s cross-examination of Hunnington, who traveled from California to testify for Veith, on the mat ter of her pending lawsuit against Dr. O’Brien for purposes of establishing bias, was error because it violated an order in limine. However, Veith did not object at trial to defense counsel’s line of questioning on this matter and hence does not preserve this issue for appeal. See Bakker v. Irvine, 519 N.W.2d 41, 47 (S.D.1994) (<HOLDING>); Anderson v. Johnson, 441 N.W.2d 675, 677 Options: A. holding that in order to preserve an issue for review a party must make a timely and specific objection at trial B. holding a party may not invite error and then be heard to complain of that error on appeal C. recognizing that a party cannot complain on appeal that the trial court considered an issue that that party consented to submit to the trial court D. holding that a party failing to make a timely objection to evidence at trial cannot as a matter of law be heard to complain on appeal that its admission is error constituting an irregularity in the proceeding E. holding that a party may not invite error and then be heard to complain of that error on appeal

assistant: The best answer is D. holding that a party failing to make a timely objection to evidence at trial cannot as a matter of law be heard to complain on appeal that its admission is error constituting an irregularity in the proceeding
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as otherwise permitted by law , you may not use the trademarks to disparage the company or the applicable third-party , the company 's or a third-party 's products or services , or in any manner ( using commercially reasonable judgment ) that may damage any goodwill in the trademarks .

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: During the Restricted Period, each Stockholder shall notify the Company in writing of any disposition or acquisition of Equity Securities by such Stockholder or any Specified Entity within two (2) Business Days after such disposition or acquisition. The filing by a Stockholder or a Specified Entity of a Form 4 disclosing such disposition or acquisition within such two (2) Business Day period shall be deemed to satisfy such Stockholder’s notice obligation under this Section 4.02.

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: As of the Closing Date, no judgments are outstanding against the Borrower that could be an Event of Default under clause (e) of Section 11.1 , nor is there as of such date pending, or to the best of Borrower’s knowledge, threatened, except, as of the Closing Date, as shown on Schedule 7.13 , any (i) litigation, suit, action or contested claim (other than a personal injury tort claim), or federal, state or municipal governmental proceeding, by or against the Borrower or any of its Property which if adversely determined could have a Material Adverse Effect, or (ii) any tort claim for personal injury, including death, against the Borrower as to which (a) litigation has been instituted and is pending or (b) or a request for medical records has been made upon Borrower by an attorney for the claimant on or after January 1, 2014.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have already observed, this does not comport with the elements that make up this tort concept of negligent entrustment. Erie, 507 A.2d at 396. Thus, we held that Transamerica’s homeowner policy did not give rise to coverage for the negligent entrustment of an automobile. ¶ 16 A review of more recent case law from other states reveals that the dichotomy in the treatment of the tort of negligent entrustment under a homeowner’s policy continues to exist. See e.g., American Family Mutual Insurance Company v. White, 204 Ariz. 500, 65 P.3d 449 (Ct.App.2003) (finding that a claim of negligent entrustment or supervision could not exist apart from the excluded aggravated assault on the part of insureds’ son); Belmonte v. Employers Insurance Company, 83 Cal.App.4th 430, 99 Cal.Rptr.2d 661 (2000) (<HOLDING>); compare Crist v. Hunan Palace, Inc., 277 Kan. Options: A. holding that insureds act of permitting access to key was conduct separate only in fact that it preceded collision it cannot be disassociated from the use of the vehicle itself B. holding that the government was bound by an agreement it treated as binding although it preceded the formal plea agreement C. holding that collision between loading ramp that detached from trailer and insureds vehicle was not actual physical contact with a motor vehicle D. holding that unless the collision resulted in a total loss the measure of recovery is the difference between the fair market value of the vehicle in the condition in which it was immediately prior to the collision and its value thereafter E. holding that collision between the claimants vehicle and a steel pipe dropped from an exiting truck was not actual physical contact with a motor vehicle

assistant: The best answer is A. holding that insureds act of permitting access to key was conduct separate only in fact that it preceded collision it cannot be disassociated from the use of the vehicle itself
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: may assert the statute of limitations defense by filing a motion to dismiss under Article 27.08(2)”). 27 . Indeed, in his brief, appellant candidly states that "this entire appeal could have been avoided if the State had simply amended the existing information to comply with appellant’s complaints. There was nothing that prevented the State from filing a motion to amend the information, even while the case was on appeal.” Indeed, had appellant brought his appellate level complaints about the purported defects in the tolling provision to the attention of the State by means of a motion to dismiss or quash the information filed in the trial court, this appeal could (and presumably would) have been avoided. 28 . See Burton v. State, 805 S.W.2d 564, 571 (Tex.App.-Dallas 1991, pet. ref’d) (<HOLDING>). 29 . See Studer v. State, 799 S.W.2d 263, Options: A. holding that failure to allege facts tolling the statute of limitations did not make indictment fundamentally defective or deprive trial court of jurisdiction defendants failure to object to this defect before trial waived error on appeal B. holding that failure to object to magistrate judges recommendation waived issue on appeal C. holding that appellant failed to preserve error in court reporters failure to make record of trial by failing to object D. holding that a failure to object to the error in the indictment at trial waives a right to challenge the indictment at a latter stage in the proceedings E. holding that failure to object to trial court about violations of federal and state due process waived appellate review of those claims

assistant: The best answer is A. holding that failure to allege facts tolling the statute of limitations did not make indictment fundamentally defective or deprive trial court of jurisdiction defendants failure to object to this defect before trial waived error on appeal
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: but concluded that “the similarities [were] pervasive, and the dissimilarities insubstantial.” Id. at 984. It observed that the dissimilarities seemed to result only from differences in the defendant’s opportunities rather than his modus operandi. Id. (citing Chandler v. State, 442 So.2d 171, 173 (Fla.1983)); see also Schwab v. State, 636 So.2d 3, 7 (Fla.1994); Cadet v. State, 809 So.2d 43, 47 (Fla. 4th DCA 2002). The Gore court ultimately stated that, in the past, it “has upheld the use of evidence of a collateral crime where the common points, when considered in conjunction with each other, establish a pattern of criminal activity which is sufficiently unique.” 599 So.2d at 984 (citing Chandler, 442 So.2d at 173); see also State v. Ackers, 599 So.2d 222, 224 (Fla. 5th DCA 1992) (<HOLDING>). In the instant case, the pervasive material Options: A. holding that collateral crime that occurred twelve years prior to charged offense not too remote in time B. holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime C. holding that the high level of similarity between the charged crime and prior bad acts necessary to prove common scheme or plan does not require evidence of common features to show a unique method of committing the crime D. holding that despite some differences between the charged offense and the collateral crime similarities between the two were striking enough to establish a unique crime pattern E. holding that admission of prior crime similar to the one charged increases likelihood that jury will convict based on past pattern of behavior rather than on facts of charged offense

assistant: The best answer is D. holding that despite some differences between the charged offense and the collateral crime similarities between the two were striking enough to establish a unique crime pattern
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 Guaranty and the other Loan Documents to which Guarantor is a party have been duly authorized, executed and delivered by Guarantor and constitute a legal, valid and binding obligation of Guarantor, enforceable against Guarantor in accordance with their respective terms, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally, and by general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law). Neither this Guaranty nor any other Loan Document to which Guarantor is a party is subject to any right of rescission, set-off, counterclaim or defense by Guarantor, including the defense of usury, nor would the operation of any of the terms of this Guaranty or such other Loan Documents, or the exercise of any right hereunder or thereunder, render this Guaranty or such other Loan Documents unenforceable, and Guarantor has not asserted any right of rescission, set-off, counterclaim or defense with respect thereto.

assistant: Enforceability