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 case excerpt and choose the best holding from the options. Case excerpt: law. IGRA requires that tribes engaging in gaming have a distribution plan approved by the Secretary of the Interior as adequate, and the Community has complied with that requirement. Instead, Plaintiffs’ claims are predicated on their belief that the Community has improperly conferred the benefits of membership upon individuals who do not meet the Community’s constitutional membership requirements. The Court cannot assess the validity of these claims without determining who the members of the tribe are. However, whether an individual is a “member” of the Community is a legal conclusion, the resolution of which belongs exclusively with the Community, and a federal court does not have jurisdiction to second-guess that determination. As discussed in greater detail above, IGRA D.Nev.1989) (<HOLDING>). Plaintiffs’ RICO claims against the Options: A. holding united states government is immune from rico suit B. holding that state of minnesota was immune from rico suit absent a waiver of its sovereign immunity C. holding that state of nevada was immune from rico suit absent a waiver of its sovereign immunity D. holding state immune from suit involving a federal question E. holding state immune from suit brought in state court

assistant: The best answer is A. holding united states government is immune from rico suit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, any Borrower or the Administrative Agent, sell participations to any Person (other than a natural person, a Defaulting Lender or a Borrower or any of the Borrowers’ Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Revolving Credit Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No provision of this Guaranty may be waived, amended, supplemented or modified, except by a written instrument executed by the Administrative Agent and the Guarantor (with the consent of the Lenders or the Required Lenders if required under the Credit Agreement). No failure by Administrative Agent to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy or power hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law or in equity. The unenforceability or invalidity of any provision of this Guaranty shall not affect the enforceability or validity of any other provision herein. Unless otherwise agreed by the Administrative Agent and the Guarantor in writing, this Guaranty is not intended to supersede or otherwise affect any other guaranty now or hereafter given by the Guarantor for the benefit of the Secured Parties or any term or provision thereof.

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: Any notice to be given under the terms of this Agreement to the Company shall be addressed to the Company in care of its Secretary, and any notice to be given to the Director shall be addressed to him or her at the address stated in the Company’s records. By a notice given pursuant to this Section 11, either party may hereafter designate a different address for notices to be given to the party. Any notice that is required to be given to the Director shall, if the Director is then deceased, be given to the Director’s personal representative if such representative has previously informed the Company of his status and address by written notice under this Section 11. Any notice shall have been deemed duly given when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, deposited (with postage prepaid) in a post office or branch post office regularly maintained by the United States Postal Service or when delivered personally to the Secretary or Director.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: after your account is terminated , this agreement will terminate , except that the following provisions will still apply to you and tinder : section 5 , section 6 , and sections 13 through 20 .

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: If any term or provision of this First Amendment shall, to any extent, be determined by statute or by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this First Amendment shall not be affected thereby, and each term and provision of this First Amendment shall be valid and enforceable to the fullest extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Centennial has all requisite power and authority to execute and deliver this Agreement and the Assignment Agreement. The execution and delivery of this Agreement by Centennial have been, and the execution and delivery of the Assignment Agreement by Centennial will be, duly authorized by all necessary action on the part of Centennial. This Agreement has been, and the Assignment Agreement will be, duly executed and delivered by Centennial and, assuming this Agreement and the Assignment Agreement constitute the valid and binding obligations of SB RS, this Agreement constitutes, and the Assignment Agreement will constitute, a valid and binding obligation of Centennial enforceable in accordance with its terms, subject, as to enforceability, to Creditors’ Rights.

assistant: Authority
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: imprinted with various philosophical messages,” One World One Family Now v. City of Honolulu, 76 F.3d 1009, 1011 (9th Cir.), cert. denied, 519 U.S. 1009, 117 S.Ct. 554, 136 L.Ed.2d 403 (1996); a street musician’s sale of his recorded music and sale by an “activist” of “literature, books, t-shirts, bumper stickers, buttons, and other articles bearing political slogans,” Perry v. Los Angeles Police Dept., 121 F.3d 1365, 1366-67 (9th ntiffs’ sale of shea butter and incense was not “fully protected speech” because they “are selling items that have a predominant that nonprofit corporations’ sales of “T-shirts imprinted with various philosophical messages” were “within the ambit of the First Amendment”), or when they “serve a predominantly expressive purpose.” Mastrovincenzo, 435 F.3d at 97 (<HOLDING>). If a plaintiffs sale of merchandise Options: A. holding that artists graffitipainted clothing items serve a predominantly expressive purpose and their sale is consequently protected under the first amendment B. holding that raising chickens is not an expressive act for the purposes of the first amendment C. holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment D. holding that the sale of a painted portrait was incidental to the provision of an artists creative services E. holding that the first amendment protects an artists original paintings and that plaintiffs sale of his paintings did not remove them from the ambit of protected expression

assistant: The best answer is A. holding that artists graffitipainted clothing items serve a predominantly expressive purpose and their sale is consequently protected under the first amendment
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 receive prompt reimbursement for all reasonable business expenses incurred by the Executive in accordance with the policies, practices and procedures of the Company provided to senior executives of the Company under the terms and conditions therein as in effect from time to time. Any amounts payable to the Executive under this Section 2(b)(v) shall be made in accordance with Treasury Regulation Section 1.409A-3(i)(1)(iv) and shall be paid on or before the last day of the Executive’s taxable year following the taxable year in which the Executive incurred the expenses. The amounts provided under this Section 2(b)(v) during any taxable year of the Executive’s will not affect such amounts provided in any other taxable year of the Executive’s, and the Executive’s right to reimbursement for such amounts shall not be subject to liquidation or exchange for any other benefit.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as permitted herein, neither any Seller nor any Seller Party Subsidiary shall sell, assign, transfer or otherwise dispose of, or grant any option with respect to, or pledge, hypothecate or grant a security interest in or lien on or otherwise encumber (except pursuant to the Program Agreements), any of the Purchased Assets, Contributed Assets or any interest therein, provided that this Section shall not prevent any transfer of Purchased Assets and Contributed Assets in accordance with the Program Agreements.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: F.2d 832, 837-38 (Fed. Cir. 1993), recognized a Tucker Act remedy (see 28 U.S.C. § 1346(a)(2) (1994)) for recovery ofpenalties paid in mitigation proceedings under 19 U.S.C. § 1592. It did not determine whether there was a remedy with respect to duties tendered to obtain prior disclosure treatment or in which court suits for such a remedy may be commenced. Shiepe v. United States, 866 F. Supp. 1430, 1432-33 (Ct. Int’l Trade 1994), and Miami Free Zone Corp. v. United States, 17 CIT 687, 692, 826 F. Supp. 526, 530 (1993), both seem to conclude that Trayco limits importer-initiated penalty refund suits to the district courts or the Court of Federal Claims under the Tucker Act. Shiepe, in addition, makes clear that the Carlingswitch v. United States, 500 F. Supp. 223, 227 (Cust. Ct. 1980) (<HOLDING>), aff’d, 651 F.2d 768 (C.C.P.A. 1981), line of Options: A. holding that in rem civil forfeitures under 21 usc 881a7 are neither punishment nor criminal for purposes of the double jeopardy clause B. holding that this court does not have jurisdiction over plaintiffs claims because the court may review neither criminal matters nor the decisions of district courts C. holding that designation is neither a sentence nor a punishment D. holding that civil forfeitures are neither punishment nor criminal for purposes of the double jeopardy clause E. holding that neither importers voluntary tender of mitigated penalty nor customs subsequent refusal to refund monies tendered was an exaction under 19 usc 1514 for purposes of establishing jurisdiction

assistant: The best answer is E. holding that neither importers voluntary tender of mitigated penalty nor customs subsequent refusal to refund monies tendered was an exaction under 19 usc 1514 for purposes of establishing jurisdiction
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 and Executive’s employment hereunder will terminate automatically upon Executive’s death. Upon termination of the Term and Executive’s employment hereunder because of Executive’s death, Company shall promptly pay Executive’s estate his Accrued Compensation, and any payments to which Executive’s spouse, beneficiaries or estate may be entitled under any applicable employee benefit plan (according to the terms of such plans and policies).

assistant: Death
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 Indemnity Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. Delivery of such counterpart signature pages may be effectuated by email pursuant to Section 7.

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: Landlord leases to Tenant, and Tenant leases from Landlord, Premises (the “ Premises ”) located in a building (the “ Building ”) on that certain real property (the “ Property ”) more particularly described on Exhibit A attached hereto and incorporated herein for a term of _______ months, subject to the provisions of that certain Lease between the parties hereto, dated ________________, 20__ (the “ Lease ”). The provisions of the Lease are incorporated herein by this reference.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall promptly disclose such Work Product to Company. During and after Executive’s employment, Executive agrees to reasonably cooperate with Company (at Company’s sole expense) to (a) apply for, obtain, perfect and transfer to Company the Work Product as well as an Intellectual Property Right in the Work Product in any jurisdiction in the world; and (b) maintain, protect and enforce the same, including, without limitation, executing and delivering to Company any and all applications, oaths, declarations, affidavits, waivers, assignments and other documents and instruments as shall be requested by Company. Executive hereby irrevocably grants Company power of attorney to execute and deliver any such documents on Executive’s behalf in Executive’s name and to do all other lawfully permitted acts to transfer the Work Product to Company and further the transfer, issuance, prosecution and maintenance of all Intellectual Property Rights therein, to the full extent permitted by law, if Executive does not promptly cooperate with Company’s request (without limiting the rights Company shall have in such circumstances by operation of law). The power of attorney is coupled with an interest and shall not be effected by Executive’s subsequent incapacity.

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: with their verdict. “The fact that a jury initially was deadlocked and reached a verdict only after receiving an Allen charge may support an inference that the case was close.” United States v. Jean-Baptiste, 166 F.3d 102, 109 (2d Cir.1999); see also Powell v. Collins, 332 F.3d 376 (6th Cir.2003) (finding prejudice in part because, “at one point in its sentencing deliberations, the jury informed the court that it was ‘at a stalemate’ and could not agree whether to impose a death sentence”); United States v. Varoudakis, 233 F.3d 113, 127 (1st Cir.2000) (jurors’ note stating that they were “at an impasse” in their deliberations “reveal[ed] uncertainty about [the defendant’s] guilt” and “weighted] against a finding of harmless error”); Medina v. Barnes, 71 F.3d 363, 369 (10th Cir.1995) (<HOLDING>). Reluctance to find harmless error despite a Options: A. holding that the jurors statement at one point during their deliberations that they might be unable to reach a unanimous verdict was a circumstance suggesting error was prejudicial B. holding jury verdict unanimous where jury was charged with alternative aggravating circumstance of burglary involving two different victims C. holding that a statement that the jurors were not required to reach a verdict but should try to do so was not coercive D. holding that a typographical error on the jury verdict form was harmless error because the trial court polled the jurors after the mistake was discovered to make sure that they understood the verdict that they had entered E. holding jury verdict unanimous where jury was charged with alternate aggravating circumstance of robbery or burglary against any one of five named victims

assistant: The best answer is A. holding that the jurors statement at one point during their deliberations that they might be unable to reach a unanimous verdict was a circumstance suggesting error was prejudicial
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 the pretrial context,” United States v. Lampley, 127 F.3d 1231, 1245 (10th Cir. 1997). Ms. Portillos claims that she was prosecuted in retaliation for exercising her Fifth Amendment right against self-incrimination by not cooperating with the government during its investigation of the tax fraud scheme. However, the district court made a factual finding that the decision to prosecute was made based on the evidence, not for refusing to cooperate, 3 R. 179-80, and Ms. Portillos has not explained how that finding constituted clear error. Moreover, even if Ms. Portillos were able to meet her burden of proving vindictiveness, the government has justified its prosecutorial decision with evidence of Ms. Portillos’s guilt. See United States v. Peters, 625 F.2d 366, 369 (10th Cir. 1980) (<HOLDING>). Given probable cause, the decision to Options: A. holding that there was insufficient probable cause for a dui arrest when inter alia there was testimony that the defendants eyes were bloodshot and watery B. holding that there was probable cause for the issuance of a search warrant where the officers corroboration of events that occurred during the controlled buy as set forth in the affidavit provide sufficient probable cause C. holding that a defendants refusal to cooperate during an investigation was insufficient to establish vindictiveness where there was probable cause to charge the defendant D. holding that the plaintiff must show that there was a lack of probable cause for the criminal prosecution E. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it

assistant: The best answer is C. holding that a defendants refusal to cooperate during an investigation was insufficient to establish vindictiveness where there was probable cause to charge the defendant
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 Section 10.03(b) and Section 10.03(c), no amendment, modification, termination or waiver of any provision of the Loan Documents, or consent to any departure by any Loan Party therefrom, shall in any event be effective without the written concurrence of Administrative Agent, Borrower and the Requisite Lenders.

assistant: Consents
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: residents of the apartment house.” Id. The defendant committed only a “minor act of vandalism” on a car in the parking lot. Id. In contrast, the defendants in Roth created a hazardous condition because altercations could have occurred. Roth, 531 A.2d at 1137. A physically offensive condition, within the meaning of § 5503(a)(4), “encompasses direct assaults on the physical senses of members of the public.” Williams, 574 A.2d at 1164. “A defendant may create such a condition if she sets off a ‘stink bomb’, strews rotting garbage in public places, or shines blinding lights in the eyes of others.” Id. Likewise, a physically offensive condition can occur where the defendant invades the physical privacy of the victim. Id. (citing Commonwealth v. Young, 370 Pa.Super. 42, 535 A.2d 1141 (1988) (<HOLDING>), appeal denied, 518 Pa. 649, 544 A.2d 961 Options: A. holding that proof of control was not required where the injury arose from the condition of the work place created by or known to the contraetor B. holding that two male defendants created a physically offensive condition by entering a bathroom stall and confronting a woman sitting on a toilet C. holding construction company had actual notice of dangerous condition that its employees created D. holding that contractor owed general negligence duty to thirdparty by dangerous condition contractor created on road E. holding judges offensive comments made on television show fully protected by first amendment

assistant: The best answer is B. holding that two male defendants created a physically offensive condition by entering a bathroom stall and confronting a woman sitting on a toilet
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 any term or provision of this Agreement is invalid, illegal or incapable of being enforced by any applicable law or public policy, all other conditions and provisions of this Agreement shall nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by this Agreement is not affected in any manner materially adverse to any party; provided, however, that if any term or provision of Section 5, 6, 7, 8 or 9 is invalid, illegal or incapable of being enforced by any applicable law or public policy, all other conditions and provisions of this Agreement shall nonetheless remain in full force and effect to the fullest extent permitted by law; provided further, that in the event that any court of competent jurisdiction shall finally hold in a non-appealable judicial determination that any provision of Section 5, 6, 7, 8 or 9 (whether in whole or in part) is void or constitutes an unreasonable restriction against Executive, such provision shall not be rendered void but shall be deemed to be modified to the minimum extent necessary to make such provision enforceable for the longest duration and the greatest scope as such court may determine constitutes a reasonable restriction under the circumstances. Subject to the foregoing, upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the fullest extent possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: external factor was responsible for his failure to raise his present claims in the earlier petition. The court finds that Arm-stead’s failure to raise the issues contained in the present petition amounts to inexcusable neglect. Thus, under McCleskey, supra, Armstead cannot establish the necessary cause to justify his failure to raise his claims in the earlier habeas petition. Further, because Armstead cannot establish the necessary cause, the court need not reach the question of whether Armstead can establish actual prejudice under the Wainwright standard. Smith v. Murray, 477 U.S. 527, 533, 106 S.Ct. 2661, 2665-66, 91 L.Ed.2d 434 (1986); Buelow v. Dickey, 847 F.2d 420, 425 (7th Cir.1988), cert. denied sub nom., Buelow v. Bablitch, 489 U.S. 1032, 109 S.Ct. 1168, 103 L.Ed.2d 227 (1989) (<HOLDING>). The Supreme Court of the United States has Options: A. holding that the ij and bia did not err in addressing only one prong of the kaplun test because the petitioners failure to meet either prong is dispositive B. holding that a petitioners inability to demonstrate either prong of the wainwright test results in dismissal of the habeas petition before the merits of the claims can be reached C. holding that a habeas corpus petitioner who did not raise an ineffective assistance claim in his first state habeas petition satisfied the cause prong of the cause and prejudice test when counsel on the first state habeas petition was also trial counsel whose performance was allegedly inadequate D. holding that section 236e does not strip the court of jurisdiction to consider the merits of petitioners habeas corpus petition E. holding the burden is on the defendant to demonstrate the error satisfies each prong of the plain error test

assistant: The best answer is B. holding that a petitioners inability to demonstrate either prong of the wainwright test results in dismissal of the habeas petition before the merits of the claims can be reached
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 Initial Forbearing Holder hereby severally, and not jointly, represents and warrants to the Issuer and the Guarantors that: (i) it is the beneficial owner and/or investment advisor or manager of discretionary accounts for the holders or beneficial owners of the aggregate principal amount of the Notes set forth opposite such Initial Forbearing Holder’s name on Exhibit B hereto (the “ Subject Notes ”); (ii) it has the power and authority to enter into this Agreement and perform its obligations hereunder and to act or act on behalf of, vote, and direct the Trustee and the Collateral Trustee as to matters concerning the Subject Notes; and (iii) it has the sole and legal right, power and authority to dispose of the Subject Notes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower, at its expense, shall, and shall cause each other Obligor to promptly cure any default by it in the execution and delivery of this Agreement or of any of the other Loan Documents to which it is a party and, after reasonable notice thereof from the Agent, the Borrower shall promptly execute and deliver, or cause to be executed and delivered, all such other and further deeds, agreements, opinions, certificates, instruments, affidavits, registration materials and other documents (and cause each other Obligor to take such action) necessary for the Borrower’s compliance with or performance of the covenants and agreements of the Borrower or any other Obligor in any of the Loan Documents, including this Agreement, or to further evidence and more fully describe the property subject to the Liens, privileges and priorities purported to be created by the Security Documents, or to correct any omissions in any of the Loan Documents, or more fully to state the obligations set out herein or in any of the Loan Documents, or to perfect, protect or preserve the Liens created pursuant to any of the Loan Documents, or to make any registration, recording, to file any notice or to obtain any consent, all as may be necessary or appropriate in connection therewith, in the judgment of the Agent, acting reasonably.

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 legal provision and list the applicable contract clause categories. Provision: The Committee may, in the Award Agreement, provide for the effect of a Change in Control on an Award. Such provisions may include but are not limited to any one or more of the following with respect to any or all Awards: (i) the specific consequences of a Change in Control on the Awards; (ii) the acceleration or extension of time periods for purposes of exercising, vesting in, or realizing gain from, the Awards; (iii) a reservation of the Committee’s right to determine in its discretion at any time that there shall be full acceleration or no acceleration of benefits under the Awards; (iv) that only certain or limited benefits under the Awards shall be accelerated; (v) that the Awards shall be accelerated for a limited time only; or (vi) that acceleration of the Awards shall be subject to additional conditions precedent (such as a termination of employment following a Change in Control).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not exercise judicial power is astonishing. That proposition is contrary to the Constitution, case law, and common sense. ¶ 60 This “new extrinsic evidence” cannot be used to contradict the plain language in both Article V, section 1, and Article VIII, section 13. “ ‘The rule which should be applied is that laws, and especially foundational laws such as our Constitution, should be interpreted and applied according to the plain import of their language as it would be understood by persons of ordinary intelligence and experience.’ ” Ohms, 881 P.2d at 850 n. 14 (quoting State v. Phillips, 540 P.2d 936, 938 (Utah 1975), disavowed on other grounds, State v. Taylor, 664 P.2d 439, 448 n. 4 (Utah 1983)) (citing University of Utah v. Board of Examiners, 4 Utah 2d 408, 295 P.2d 348, 361 (1956) (<HOLDING>); Society of Separationists, Inc. v. Whitehead, Options: A. holding that if precise issue is not clear in statute reviewing court must not simply impose its own construction but must determine whether agencys construction is permissible B. recognizing that the constitutional right to appeal must be given a practical construction C. holding that an error is plain if it is clear or obvious D. holding that if constitutional provision is clear then extraneous or contemporaneous construction may not be resorted to E. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them

assistant: The best answer is D. holding that if constitutional provision is clear then extraneous or contemporaneous construction may not be resorted to
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 at all times during the term of this Option reserve and keep available such number of Shares as will be sufficient to satisfy the requirements of this Incentive Plan Award Agreement. This Incentive Plan Award Agreement shall be binding in all respects on the Participant’s heirs, representatives, successors and assigns. This Incentive Plan Award Agreement is entered into under the laws of the State of Minnesota and shall be construed and interpreted thereunder.

assistant: General
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 failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided in this Guaranty, this Agreement, any other Loan Document, any Lender Swap Agreement shall be cumulative and not exclusive of any rights or remedies provided by law.

assistant: No Waivers
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: trial court or challenge Judge Carlson for cause. Wylie has not shown how he was prejudiced by any conversations between Judge Cranston’s secretary and Judge Carlson. We find no plain error. SENTENCING ISSUES Wylie contends that a separate conviction for failure to stop, AS 28.35.050, failure to assist, AS 28.35.060, and failure to contact the authorities, AS 28.35.080, violate double jeopardy because the felony offense of failure to assist is a lesser-in-eluded offense of the misdemeanor failure to stop and failure to contact the authorities. The Supreme Court of Alaska has characterized these statutes as an interlocking scheme, not greater or lesser offenses. Convictions for both offenses would not appear to violate double jeopardy. See Drahosh v. State, 442 P.2d 44, 49 (Alaska 1968) (<HOLDING>). In Missouri v. Hunter, 459 U.S. 359, 368-69, Options: A. recognizing that an indemnity provision and an agreement to provide insurance are separate and distinct obligations B. holding that drug type and quantity do not constitute formal elements of separate and distinct offenses under section 84ibl C. holding unanimity requirement not violated when charge stated two separate counts with two separate and distinct offenses in each case D. holding that leaving the scene and failing to render assistance are separate and distinct offenses E. holding that a similar statute created separate offenses

assistant: The best answer is D. holding that leaving the scene and failing to render assistance are separate and distinct offenses
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: requested a review of child support in his petition for modification of child custody. The Court notes that this case is an open and active IV-D case. The parties are notified that this Court may refer the issue of child support to the IV-D Commissioner if, in fact, parenting time and/or child custody is modified by this Court. The State waived its appearance at hearings in the case, noting they involved child custody and/or parenting time. 5 . Mother does not clearly identify or properly develop any challenge to parenting time orders or the appointment of a parenting coordinator. She has thus waived any such claims on appeal. See State v. Moody, 208 Ariz. 424, 452 n. 9, ¶ 101, 94 P.3d 1119, 1147 n. 9 (2004); Higgins v. Higgins, 194 Ariz. 266, 270, ¶ 12, 981 P.2d 134, 138 (App.1999) Options: A. holding that a pro se litigant who is an attorney is not entitled to fees under 1988 B. holding attorneys fees not available to pro se attorney litigant in a federal freedom of information act action C. holding a pro per litigant to the same standard as an attorney D. holding that a defendant proceeding pro se is bound by same rules as party represented by counsel and a court cannot allow pro se litigant lower standard of performance E. recognizing that although pro se litigant is generally held to same standards as party represented by attorney a court may consider pro se status when deciding whether partys conduct was result of conscious indifference because this determination turns on his state of mind

assistant: The best answer is C. holding a pro per litigant to the same standard as an attorney
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 Class A-1 Common Stock and Class A-2 Common Stock shall be identical in all respects, except as to dividends and distributions on liquidation as set forth in Section A.3 below, and shall vote together as one class. The voting, dividend and liquidation rights of the holders of the Common Stock are subject to and qualified by the rights, powers and preferences of the holders of the Preferred Stock set forth herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements in this Section and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent, any L/C Issuer and the Swing Line Lender, the replacement of any Lender, the termination of this Agreement or the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: once you have cancelled your free trial and received confirmation , you can not resume the free trial period even if you did not use the premium service for the entire duration of the offer .

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 performance, construction and enforcement of this Agreement and the documents executed in connection with this Agreement shall be governed by the laws of the State of Maryland, notwithstanding any choice of law or conflicts of law rule that would otherwise dictate the application of the law of a different jurisdiction. The parties agree that any action or proceeding in respect of any claim arising out of or related to this Agreement shall be brought exclusively in a federal or state court located in the State of Maryland (the “ Chosen Court ”) and (i) hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the Chosen Court for any actions, suits or proceedings arising out of or relating to this Agreement and the transactions contemplated hereby, (ii) waive any objection to laying venue in any such action or proceeding in the Chosen Court and (iii) waive any objection that the Chosen Court are an inconvenient forum or lack jurisdiction.

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: If one or more of the provisions in this Agreement are deemed unenforceable by law, then the remaining provisions will continue in full force and effect. Moreover, if any one or more of the provisions contained in this Agreement shall be held to be excessively broad or partially invalid, illegal or unenforceable, it shall be construed by limiting and reducing it so as to be enforceable to the extent compatible with the applicable law as it shall then appear. I agree that a court may rewrite, revise, or edit this Agreement to make it enforceable.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you reside outside the united states and register for a paid subscription or code online , you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen ( 14 ) days starting from the day you sign-up for the relevant service ( the `` cooling-off period '' ) .

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: This Agreement may be executed in two (2) or more counterparts, each of which when so executed shall be deemed to be an original and, all of which taken together shall constitute one and the same Agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or by e‑mail delivery of a ".pdf" format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf" signature were the original thereof.

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: It is understood and agreed by the Parties that money damages may be an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief as a remedy of any such breach of this Agreement, including, without limitation, an order of the Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder.

assistant: Specific Performance
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: unless you cancel before the end of the free trial , or unless otherwise stated , your access to the premium service will automatically continue and you will be billed the applicable fees for that premium service .

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: Upon full satisfaction or other termination of the Obligations (i) the Secured Party shall release and return to Debtor all of the Collateral and any and all certificates and other documentation representing or relating to the Collateral and (ii) the security interests provided for under this Agreement shall be terminated and of no further force and effect. At Debtor’s expense, the Secured Party shall take all actions reasonably requested by Debtor in connection with the foregoing.

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: cause for a valid arrest), and, as discussed above, nothing — including Judge Nelson’s order — affected this belief. The BCDC Ap-pellees’ knowledge of Judge Nelson’s order cannot, as Mr. Reed would have it, be equated with a knowledge of an unlawful detention. 2. One-Hour Delay in Release Mr. Reed also suggests he has claims pursuant to § 1983 and the New Mexico Tort Claims Act because, after Judge Murdoch ordered his release, a BCDC employee detained him one hour longer than the other prisoners for being a “sniffler.” As a preliminary matter, we note that none of the BCDC Appellees was involved in the delay. Consequently, Mr. Reed has no § 1983 claims against the BCDC Appellees, regardless of the lawfulness of the detention. See Foote v. Spiegel, 118 F.3d 1416, 1423 (10th Cir.1997) (<HOLDING>). As for claims of false imprisonment, neither Options: A. holding that section 1983 action requires a showing of defendants personal participation in alleged constitutional violation B. holding that denial of a grievance by itself without any connection to the violation of constitutional rights alleged by plaintiff does not establish personal participation under 1983 C. holding that individual liability under 1983 must be based on personal involvement in the alleged constitutional violation D. holding that liability in a 1983 action must be predicated on personal involvement not on the basis of respondeat superior E. holding that a constitutional violation by a subordinate is a predicate for supervisory liability under 1983

assistant: The best answer is C. holding that individual liability under 1983 must be based on personal involvement in the alleged constitutional violation