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: In accordance with the terms of this Section, Participants will designate and from time to time may redesignate their Beneficiary or Beneficiaries of the benefits described in this Article in such form and manner as the Administrative Committee may determine. A Participant will be deemed to have named his Surviving Spouse, if any, as his sole primary Beneficiary unless his Spouse consents to the payment of all or a specified portion of the Participant’s benefit to a primary Beneficiary other than or in addition to the Surviving Spouse in a manner satisfying the requirements of a Qualified Spousal Waiver and such other procedures as the Administrative Committee may establish. Notwithstanding the foregoing, a married Participant may designate a non-Spouse primary Beneficiary without a Qualified Spousal Waiver (unless otherwise required by a qualified domestic relations order) if the Participant establishes to the satisfaction of the Administrative Committee that: (i) he has no Spouse or his Spouse cannot be located; (ii) he is legally separated from his Spouse or he has been abandoned by his Spouse (within the meaning of local law) and he has a court order to such effect; or (iii) such other permissible circumstances exist as the Secretary of the Treasury may by regulations prescribe. Notwithstanding the foregoing, in the event that a Participant has designated his Spouse as Beneficiary then subsequently become divorced from that Spouse, the Spouse will be treated as having predeceased the Participant unless and until either (i) the Participant submits a new Beneficiary designation naming that Former Spouse as Beneficiary, or (ii) the Participant remarries such former Spouse.

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: Subject to the terms of the NDA the Receiving Party hereby undertakes to the Disclosing Party: a) that it shall treat the Confidential Information directly or indirectly disclosed to it by the Disclosing Party as strictly confidential and will not without obtaining the prior written consent of the Disclosing Party disclose any part of the Confidential Information to any third party, except where compelled by law or regulation; However, all Confidential Information exchanged during the validity hereof shall be subject to the obligations and restrictions under the NDA (including the undertakings in Clause 13 and 14 below) for a period of five years following expiration or other termination of the NDA.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 365 U.S. 292 81 S.Ct. 686 5 L.Ed.2d 570 Quincy BULLOCK, petitioner,v.STATE OF SOUTH CAROLINA. No. 78. Supreme Court of the United States October Term, 1960. February 20, 1961 Mr. Matthew J. Perry, Spartanburg, S. C., for petitioner. Mr. Robert L. Kilgo, Darlington, S. C., for respondent. On Writ of Certiorari to the Supreme Court of South Carolina. PER CURIAM. 1 After hearing oral argument and fully examining the record which was only partially set forth in the petition for certiorari, we conclude that the totality of circumstances as the record makes them manifest did not warrant bringing the case here. Accordingly, the writ is dismissed.

assistant: 9
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 agrees that Executive shall not disparage, criticize or defame the Company, its affiliates and their respective affiliates, directors, officers, agents, partners, stockholders or employees, either publicly or privately. The Company agrees that it shall not, and it shall instruct its officers and members of its Board to not, disparage, criticize or defame Executive, either publicly or privately. Nothing in this Section 12(b) shall have application to any evidence or testimony required by any court, arbitrator or government agency.

assistant: Non-Disparagement
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 amend the terms of this Agreement, prospectively or retroactively, but, subject to Section 8 above, no such amendment shall impair the rights of the Grantee hereunder without the Grantee's consent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of the termination of this Agreement prior to the scheduled expiration of the Term, then (a) with respect to any Services for which the Fee for such Services is charged as a flat monthly rate, if termination occurs other than the end of the month, the Fee for that month shall be prorated to reflect a partial month, and (b) with respect to any other Services, all amounts due pursuant to the terms hereof with respect to the Services shall be appropriately prorated and reduced to reflect such shortened period during which such Services are actually provided, and MPLS shall refund to HSM the appropriate prorated amount for any such Services that have been paid for in advance. Notwithstanding the immediately preceding sentence, to the extent any amounts due or advances made hereunder related to costs or Expenses that have been or will be incurred and that cannot be recovered by MPLS, such amounts due or advances made shall not be prorated or reduced and MPLS shall not be required to refund any prorated amount for such costs or Expenses; and HSM shall reimburse MPLS for any Third Party cancellation or similar charges incurred as a result of such early termination.

assistant: Adjustments
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: Employee shall be entitled to such number of days or hours per calendar year for vacation, sickness or accident or personal leave as may be provided from time to time in the Employee Guidelines, all without reduction in the salary or other compensation otherwise due Employee under this Agreement (“PTO”); provided, however, that Employee shall be deemed to be a full time employee with 5‑10 years of service for PTO purposes, and PTO shall be prorated on a day‑to‑day basis over any period of time that is less than a full calendar year.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Immediately after giving effect to the Sale Transactions, Seller shall be able to pay its debts as they become due and shall own cash and property which has a fair saleable value greater than the amounts required to pay its liabilities and debts (including a reasonable estimate of the amount of all contingent liabilities, including with respect to any litigation to which Seller is a party). No transfer of property is being made and no obligation is being incurred in connection with the Sale Transactions with the intent to hinder, delay or defraud any present or future creditors of Seller.

assistant: Solvency
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: marks and citations omitted); see also Eastern Enters, v. Apfel, 524 U.S. 498, 118 S.Ct. 2131, 141 L.Ed.2d 451 (1998); Greenbrier, 193 F.3d at 1356-57. For purposes of this appeal we accept, but do not decide, that B & G’s vending machine contracts may constitute “property.” See Greenbrier, 193 F.3d at 1357. Even if B & G’s contracts are property rights and were affected by the government’s actions, we conclude that a taking did not occur. We agree with the government that California did not act as an agent of the United States by enacting the section 22960 vending machine restrictions and that the United States is therefore not responsible for that law’s interference with B & G’s vending machine contracts as a matter of law. “Agency is th Ct.Cl. 593, 372 F.2d 505, 507 (1967) (<HOLDING>). Like the grants in Griggs and D.R. Smalley, Options: A. holding that the county government not the federal government was liable for the taking of an air easement over plaintiffs property even though the airport was funded in part by a federal grant based on compliance with federal regulations B. holding that the federal government was liable for a taking of property where city of burlington acted under federal authority C. holding that the federal government was liable for a taking of property where california officials acting under the authority of a federal order occupied land D. holding that the conditional grant of federal funds to ohio for highway projects did not make the federal government liable for ohios acts or omissions E. holding that ohio high school athletic association was not a recipient of federal funds because it did not receive direct federal assistance and it did not receive money from local schools who were recipients of federal assistance

assistant: The best answer is D. holding that the conditional grant of federal funds to ohio for highway projects did not make the federal government liable for ohios acts or omissions
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 and the Ancillary Agreements to be executed, delivered and performed by Buyer and the consummation of the transactions contemplated hereby and thereby are within the corporate powers of Buyer and have been duly authorized by the Board of Directors of Buyer. No other corporate act or proceeding on the part of Buyer or its shareholders is necessary to authorize this Agreement or the Ancillary Agreements to be executed, delivered and performed by Buyer or the consummation of the transactions contemplated hereby and thereby. This Agreement constitutes, and when executed and delivered, the Ancillary Agreements to be executed, delivered and performed by Buyer will constitute (assuming the due authorization, execution and delivery by the other parties hereto and thereto), valid and binding agreements of Buyer, enforceable in accordance with their respective terms, except as such may be limited by bankruptcy, insolvency, reorganization or other Laws affecting creditors’ rights generally, and by general equitable principles.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission (to which a PDF copy is attached) shall be deemed to have the same legal effect as delivery of an original signed copy 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 1.2 the service exists only as long as and in the form that we may provide the service , and all aspects of the service , including your user content , are subject to change or elimination .

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: To request the issuance of a Letter of Credit (or the amendment, renewal (other than an automatic extension in accordance with paragraph (c) of this Section) or extension of an outstanding Letter of Credit), the Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (three Business Days in advance of the requested date of issuance, amendment or extension or such shorter period as the Administrative Agent and the Issuing Bank in their sole discretion may agree) a Letter of Credit Request, or identifying the Letter of Credit to be amended or extended, and specifying the date of issuance, amendment or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount and currency (which may be Dollars or an Alternate Currency) of such Letter of Credit, the name and address of the beneficiary thereof, whether such Letter of Credit constitutes a Standby Letter of Credit or a Trade Letter of Credit, and such other information as shall be necessary to issue, amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended or extended only if (and upon issuance, amendment or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment or extension (i) the Revolving L/C Exposure shall not exceed the Letter of Credit Sublimit, (ii) the Tranche B Revolving Facility Credit Exposure shall not exceed the total Tranche B Revolving Facility Commitments and (iii) no Alternate Currency Letter of Credit shall be issued if, after giving effect thereto, the aggregate amount of L/C Exposure with respect to all Alternate Currency Letters of Credit would exceed $30 million.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Guarantor shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Agent or any other Credit Party may be rescinded by the Agent or such other Credit Party and any of the Obligations continued, and any of the Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Agent, the Collateral Agent or any other Credit Party, and this Agreement and the other Loan Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part, as the Agent (or the Required Lenders or all Lenders, as the case may be) or any other Credit Party, if applicable, may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Agent or any other Credit Party for the payment of any of the Obligations may be sold, exchanged, waived, surrendered or released. Neither the Agent nor any other Credit Party shall have any obligation to any Loan Party or other Person, to protect, secure, perfect or insure any Lien at any time held by it as security for any of the Obligations or for the guarantee contained in this Article X or any property subject thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Holdings and the Parent Borrower will, and will cause each of its Material Subsidiaries to, (a) do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and (b) except as would not reasonably be expected to have a Material Adverse Effect, take all reasonable action to preserve, renew and keep in full force and effect its rights, licenses, permits, privileges and franchises; provided that the foregoing shall not prohibit any merger, consolidation, liquidation, transfer of assets or dissolution permitted under Section 6.03 and, in the case of an asset transfer, Section 6.05.

assistant: Existence
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: where applicable , apple has no warranty obligation whatsoever with respect to the service , and any other claims , losses , liabilities , damages , costs or expenses attributable to any failure to conform to any warranty will be subject to the terms of this agreement .

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: Without granting any right or license, the Disclosing Party agrees that the foregoing clauses Nothing in this Agreement is intended to grant any rights under any patent or copyright of the Disclosing Party, nor shall this Agreement grant the Receiving Party any rights in or to the Disclosing Party's Proprietary Information, except the limited right to review such Proprietary Information solely for the purpose of evaluating a possible business transaction.

assistant: No
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 counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement may be executed by exchange between the Parties of electronically transmitted signatures (via facsimile, PDF format via e-mail or other electronic means) and such signatures shall be deemed to bind each Party as if they were original signatures.

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 Plan and each Award Agreement shall be governed by the laws of the State of Delaware, excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of the Plan or an Award Agreement to the substantive law of another 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: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. This Agreement may be assigned by the Company. The Executive may not assign or delegate his duties under this Agreement without the Board’s prior written approval. Any purported assignment by the Executive without the Board’s prior written approval shall be null and void from the initial date of the purported assignment.

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 legal provision and list the applicable contract clause categories. Provision: The Notice of Revolving Borrowing shall be delivered to Administrative Agent in accordance with Section 8.1. Administrative Agent shall promptly notify each Lender of the contents of each Notice of Revolving Borrowing.

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: Each party’s obligations under this Section 3.01 shall survive the resignation or replacement of the Agent or any assignment of rights by, or the replacement of, a Lender or the L/C Issuer, the termination of the Commitments and the repayment, satisfaction or discharge of all other Loan Agreement Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE BORROWER, THE ADMINISTRATIVE AGENT, THE BANKS, THE SWINGLINE LENDERS AND THE FRONTING BANKS HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 350 U.S. 3 76 S.Ct. 34 100 L.Ed. 4 Caryl CHESSMAN, Petitioner,v.Harley O. TEETS, Warden, California State Prison, San Quentin, California. No. 196. Decided Oct. 17, 1955. PER CURIAM. 1 Petitioner applied to the United States District Court, Northern District of California, Southern Division, for a writ of hebeas corpus, claiming that his automatic appeal to the California Supreme Court from a conviction for a capital offense had been heard upon a fraudulently prepared transcript of the trial proceedings. The official court reporter had died before completing the transcription of his stenographic notes of the trial, and petitioner alleges that the prosecuting attorney and the substitute reporter selected by him had, by corrupt arrangement, prepared the fraudulent transcript. On the record before us, there is no denial of petitioner's allegations. The District Court, without issuing the writ or an order to show cause, dismissed the application as not stating a cause of action. 128 F.Supp. 600. The Court of Appeals affirmed the order of the District Court. 9 Cir., 221 F.2d 276. The charges of fraud as such set forth a denial of due process of law in violation of the Fourteenth Amendment. See Mooney v. Holohan, 294 U.S. 103, 55 S.Ct. 340, 79 L.Ed. 791. Without intimating any opinion regarding the validity of the claim, we hold that in the circumstances disclosed by the record before us the application should not have been summarily dismissed. Accordingly, the petition for a writ of certiorari is granted, the judgment of the Court of Appeals is reversed and the case is remanded to the District Court for a hearing. 2 Mr. Justice REED, Mr. Justice BURTON, and Mr. Justice CLARK dissent. 3 The CHIEF JUSTICE took no part in the consideration or decision of this case.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 202 (1986). 87 . Little, 37 F.3d at 1075. 88 . Martin v. John W. Stone Oil Distrib., Inc., 819 F.2d 547, 549 (5th Cir.1987); Fed. R.Civ.P. 56(c)(2). 89 . Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir.1998) (citing 44 C.F.R. §§ 61.4(b), 61.13(d)). 90 . Id. at 954; Wright v. Allstate Insurance Co., 415 F.3d 384, 387 (5th Cir.2005). 91 . Richardson v. Am. Bankers Ins. Co. of Fla., 279 Fed.Appx. 295, 298 (5th Cir.2008) (citing 44 C.F.R. pt. 61, app. A(l) art. VII(R)). 92 . Copeland v. Federal Emergency Management Agency, 2004 WL 325577 (E.D.La. Feb. 18, 2004) citing Gowland, 143 F.3d at 954. 93 .Kidd v. State Farm Fire & Cas. Co., 392 Fed.Appx. 241, 244 (5th Cir.2010) (citing Marseilles Homeowners Condo. Ass’n, Inc. v. Fid. Nat’l Ins. Co., 542 F.3d 1053, 1055-56 (5th Cir.2008) (per curiam) (<HOLDING>)); 44 C.F.R. § 61, app. (A)(1), arts. VII(J), Options: A. holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested B. holding that an injured former employees lawsuit was not barred by res judicata where he never authorized the union to represent his interest in a previous lawsuit over the same benefits C. holding that despite assurances from the insurance company that the insured could file the pol after femas deadline the insured could not collect because the insured was responsible for timely filing D. holding that the insured could not maintain a lawsuit for additional federal benefits because he had not submitted a sworn proof of loss E. holding that proof of loss is not evidence of extent of loss and insured is not precluded from showing his damages were greater than shown in proof of loss

assistant: The best answer is D. holding that the insured could not maintain a lawsuit for additional federal benefits because he had not submitted a sworn proof of loss
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 construing Fedorenko to prohibit recognition of a duress exception to the persecutor bar applicable to §§ 1158(b)(2)(A)© and 1231(b)(3)(B)©. In Negusie, an alien who was himself physically abused by Eritrean officials, before and after being forcibly conscripted into the Eritrean army, was denied asylum based on his actions guarding prisoners themselves subject to persecution on a protected ground. See Negusie v. Holder, 555 U.S. at 522-23, 129 S.Ct. 1159. In vacating, the Supreme Court explained that the Displaced Persons Act at issue in Fedorenko differed from the Refugee Act in structure, language, and purpose, rendering Fedorenko’s, categorical rejection of a voluntariness exception in the former context not necessarily applicable in the latter. See id. at 522,129 S.Ct. 1159 (<HOLDING>). Accordingly, the Court remanded Negusie’s Options: A. holding that bia is not bound to apply the fedorenko rule that motive and intent are irrelevant to the persecutor bar under 1158b2ai and 1231b3bi B. holding that the rule does not apply to bar tort claims against service providers C. holding that procedural bar rule does not apply to ineffectiveness claims D. holding that the bia rule is unreasonable in this context E. holding that the bia rule is reasonable

assistant: The best answer is A. holding that bia is not bound to apply the fedorenko rule that motive and intent are irrelevant to the persecutor bar under 1158b2ai and 1231b3bi
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: which concerns use of rights-of-way for utilities, allows a municipality to impose an occupancy fee on the use of its rights-of-way. Reasoning that the legislature had not given authority to a county to impose such a fee, the trial court concluded that Broward County lacked such authority. It also found that under state law, the county is preempted from imposing such a fee. Upon finding the county’s annual occupancy fee invalid, the trial court declared the entire ordinance void and unenforceable. Broward County argues that because it is a charter county it is vested with municipal powers. It thus has authority to charge telecommunications companies for use of their rights-of-way and such authority was not preempted by state law. We agree. See Palm Beach County, 819 So.2d at 877-78 (<HOLDING>). Based on the foregoing, we reverse the trial Options: A. holding that state law fraud on the fda claims were impliedly preempted by the food drug and cosmetic act B. holding the state law claims were not preempted C. holding that the plaintiffs state law claims are preempted by federal law D. holding that a charter county may assess a fee pursuant to florida statute section 3374013 and is not expressly or impliedly preempted by federal or state law E. recognizing that section 76872 is substantive law even though the state statute was preempted by federal civil rights law

assistant: The best answer is D. holding that a charter county may assess a fee pursuant to florida statute section 3374013 and is not expressly or impliedly preempted by federal or state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: N.W.2d 500, 509 (Minn.2005). We review improper prosecutorial statements under a harmless-error standard. Id. Mogler asserts that the county attorney committed prosecutorial misconduct in closing argument by saying that a police officer is always in a position of authority. We first note that Mogler did not object to the statements that he now contests. Although Mogler made a pretrial motion to preclude the state from arguing that a police officer is always in a position of authority, and the court denied it, he did not renew his objection during the closing argument to provide the court an opportunity to cure any erroneous statements. When a party has failed to object, we may review the claim depending on the gravity of the error. See State v. Powers, 654 N.W.2d 667, 678 (Minn.2003) (<HOLDING>). We will not grant a new trial if the Options: A. holding that although a defendant filed a motion in limine on an evidentiary issue a failure to object to the evidence at trial waives the issue for appeal B. holding that defendant forfeits right to have issue considered on appeal when he fails to object to misconduct at trial C. holding that a defendant who fails to object to trial error forfeits his right to appellate review unless he can establish fundamental error D. holding that the defendant waived the issue on appeal when he failed to contemporaneously object to the admission of such evidence at trial E. holding that an issue not presented to the trial court will not be considered on appeal

assistant: The best answer is B. holding that defendant forfeits right to have issue considered on appeal when he fails to object to misconduct at trial
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 will make reasonable efforts to comply with all applicable federal and state securities laws; provided, however, notwithstanding any other provision of this Agreement, the Company will not be obligated to issue any restricted or nonrestricted Common Shares or other securities pursuant to this Agreement if the issuance thereof would result in a violation of any such law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall not, at any time during the Period of Employment or at any time thereafter (including following a termination of Executive’s employment for any reason, whether with or without cause, voluntarily or involuntarily, or due to death or disability) make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage or be damaging to the Company, its subsidiaries or affiliates or their respective officers, directors, employees, advisors, businesses or reputations, nor shall members of the Board of Directors or the Company’s Chief Executive Officer make any such statements or representations regarding Executive. Notwithstanding the foregoing, nothing in this Agreement shall preclude Executive, members of the Board of Directors, or the Company’s Chief Executive Officer from making truthful statements that are required by applicable law, regulation or legal process.

assistant: Non-Disparagement
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 purpose of proving the truthfulness of his statement, but for the purpose of rebuttal only.’ ” Id. at 412, 105 S.Ct. 2078. The trial court included a similar limiting instruction in its final instructions to the jury. Id. The Supreme Court concluded that “[t]he nonhearsay aspect of [the co-conspirator’s] confession — not to prove what happened at the murder scene but to prove what happened when [the defendant] confessed — raisefd] no Confrontation Clause concerns.” Id. at 414, 105 S.Ct. 2078 (emphasis in original). Instead, the concern was that the jury might use the co-conspirator’s statement in a manner inconsistent with the Confrontation Clause, i.e., to infer Street’s guilt even though Street had had no opportunity to cross-examine the witness. I . 648, 17 L.Ed.2d 606 (1967) (<HOLDING>); Walder v. United States, 347 U.S. 62, 64, 74 Options: A. holding previous convictions can only be used for sentence enhancement purposes under 18 usc 924e1 if the restoration of civil rights regarding such convictions expressly prohibited the possession of firearms B. holding a sentence enhancement for two prior convictions must be based on separate criminal episodes C. holding that statements elicited from a defendant in violation of his miranda rights could be introduced to impeach that defendants credibility when the jury was instructed that the statements were not to be considered as evidence of his guilt D. holding that evidence of a defendants prior criminal convictions could be introduced for the purpose of sentence enhancement if the jury was instructed that the evidence could not be used for the purposes of determining guilt E. holding that the admission of unlawfully seized evidence of a crime was admissible if the jury was instructed that the evidence could be considered only in assessing a defendants credibility and not for determining guilt

assistant: The best answer is D. holding that evidence of a defendants prior criminal convictions could be introduced for the purpose of sentence enhancement if the jury was instructed that the evidence could not be used for the purposes of determining guilt
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: (delinquency proceedings) and rule 8.285(b) (dependency proceedings) provide that a juvenile accused of indirect criminal contempt must be provided with a show cause order, arraignment, representation by counsel, opportunity for bail, opportunity to personally appear before the court to offer facts in defense or mitigation of the contempt, and personal presence of the contemnor in open court upon pronouncement of sentence. In a criminal contempt proceeding, a defendant must be afforded the due process rights provided by statute and rule. See Bowen v. Bowen, 471 So.2d 1274 (Fla.1985) (stating that indirect criminal contempt proceeding must fully comply with the procedural rule and defendants are entitled to due process protections); J.M.P.U. v. State, 858 So.2d 389 (Fla. 3d DCA 2003) (<HOLDING>); Kersh v. State Fam Fire & Cas. Co., 686 So.2d Options: A. holding evidence insufficient to show direct contempt and no basis for indirect contempt because of failure to meet procedural requirements B. holding that an order to show cause was deficient when it merely stated that the defendant had violated a prior court order and did not include the facts that purportedly constituted the criminal contempt C. holding that a juvenile defendant could not be found in indirect criminal contempt where defendant was not given specifics as to the acts which constituted the alleged contempt and there was no information in the order to show cause informing defendant that he was subject to possible criminal penalties D. holding that a contempt order labeled by the district court as civil was actually a criminal contempt because the order was retroactive seeking to penalize previous violations and was punitive serving no compensatory purpose E. holding that a civil contempt defendant has a right to a jury trial when the act of contempt was not committed in the presence of the court and when the incarceration is in part punitive

assistant: The best answer is C. holding that a juvenile defendant could not be found in indirect criminal contempt where defendant was not given specifics as to the acts which constituted the alleged contempt and there was no information in the order to show cause informing defendant that he was subject to possible criminal penalties
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 Amendment shall constitute Purchaser’s Approval Notice under Section 6(a) of the Original Agreement and Purchaser hereby waives its right to terminate the Agreement under Section 6(a) of the Original Agreement.

assistant: 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: explicitly features the allegedly infringing rugs. Id. at ¶ 10. It also apparently provides extensive assistance to a consumer in viewing available rugs for sale, obtaining information about their fiber content and sizes, and receiving recommendations. Id. at ¶ 8. Other internet retailers that carry Dynamic rugs state that Dynamic will ship directly to the consumer. Id. at ¶ 11-14. Dynamic also advertises in Home Furnishing News magazine, which is circulated in Maine. Ex. to Decl. of Angela Adams (Docket Item 17, Attachment 2). I conclude that Dynamic is marketing the allegedly infringing designs in Maine and that if the infringing rugs arrive in Maine, their arrival is not merely the random or fortuitous actions of a third party. See Helicopteros, 466 U.S. at 416-417, 104 S.Ct. 1868 (<HOLDING>). Dynamic’s marketing of infringing rugs has a Options: A. holding that personal jurisdiction is proper if party has sufficient minimum contacts B. holding that personal jurisdiction over defendant car manufacturer was inappropriate when defendants only contacts with the forum resulted from plaintiffs unilateral activity of driving defendants product into another state C. holding that unilateral activity of a third party is not an appropriate consideration in determining what contacts are sufficient for personal jurisdiction purposes D. holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum E. holding that personal jurisdiction over defendant trustee was inappropriate when defendants only contacts with the forum resulted from plaintiffsettlors unilateral activity of moving to florida

assistant: The best answer is C. holding that unilateral activity of a third party is not an appropriate consideration in determining what contacts are sufficient for personal jurisdiction purposes
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 representations and warranties of Borrower set forth in Section 5 of the Loan Agreement (after giving effect to this Amendment) are true and correct in all material respects on and as of the date hereof with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date, in which case they are true and correct as of such date.

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 employment of the Executive under this Agreement shall be for the Term. Following the initial Term, the Term shall be extended for successive one-year periods as of each Renewal Date unless, with respect to any such Renewal Date, (a) the Company gives the Executive at least three months’ prior written notice of an election not to extend the Term or (b) the Executive gives the Company at least six months’ prior written notice of an election not to extend the Term.

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: counterfeit currency exceeds $2,000. We review de novo the court’s implementation of the Sentencing Guidelines. United States v. Reyes-Alvarado, 963 F.2d 1184, 1189 (9th Cir.1992). We hold that the uncut $20 bills were “counterfeit” and properly counted for sentence enhancement. The language of § 2B5.1(b)(l) does not require counterfeit bills be of “passable” quality. They must “purport” to be genuine but need not be mistakable as such. Webster intended to pass the uncut bills eventually as genuine. To do so, he had only to cut them. See United States v. Moran, 470 F.2d 742, 743 (1st Cir.1972)(pre-Guidelines case finding that “a snip with a pair of shears was too inconsequential” for distinguishing counterfeit); accord United States v. Moreno-Pulido, 695 F.2d 1141, 1145 (9th Cir.1983) (<HOLDING>). Other circuits have held that incomplete or Options: A. holding that a confrontation clause violation constituted harmless error B. holding that several rigged card games which occurred over a 19 month period constituted a pattern C. holding that immigration forms must be authenticated D. holding in a battle of the forms inquiry that a term reserving all rights and remedies for one party did not conflict with an arbitration provision E. holding that uncut blank green card forms constituted counterfeit instruments

assistant: The best answer is E. holding that uncut blank green card forms constituted counterfeit instruments
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 acknowledges and agrees that the Company's remedy at law for a breach or threatened breach of any of the provisions of this Agreement, including but not limited to those of Sections 10-14, would be inadequate and difficult to ascertain. Therefore, in the event of a breach or threatened breach by the Executive of any of the provisions of this Agreement, it is agreed that in addition to the Company’s remedy at law, the Company shall be entitled to appropriate equitable relief in the form of specific performance, preliminary or permanent injunction, temporary restraining order or any other appropriate equitable remedy which may then be available.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: It has the legal capacity to execute and deliver this Agreement and the documents to be executed and delivered by it at the Closing pursuant to the transactions contemplated hereby. This Agreement and all such documents constitute valid and binding agreements of such party, enforceable in accordance with their terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall indemnify Executive against all losses, costs, liabilities and expenses arising from or relating to Executive’s service as Chairman, service in the Continuing Positions, or providing the Consulting Services, in each case upon terms that are no less favorable to Executive as those provided to the Company’s directors or consultants.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Supply Agreement has been duly executed and delivered by the Manufacturer and, assuming due execution and delivery by the Buyer, constitutes a valid and binding obligation, enforceable against the Manufacturer in accordance with its terms, except as enforceability may be limited by bankruptcy, fraudulent conveyance, insolvency, reorganization, moratorium and other Laws relating to creditors’ rights generally and by general equitable principles. The execution, delivery and performance of this Supply Agreement have been duly authorized by all necessary action on the part of the Manufacturer and its respective officers and directors.

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: If the subject T-Mobile Collocator or its designated contractor does not deliver written objection to the terms of a T-Mobile Tower Equipment Approval, that was properly prepared by CCTMO and delivered to said T-Mobile Collocator in accordance with this Second Amendment, within sixty (60) days of the date of its delivery to T-Mobile Collocator or its designated contractor, then the subject T-Mobile Tower Equipment Approval shall be deemed to have been approved by T-Mobile and it shall be fully enforceable and legally binding on CCTMO and the T-Mobile Collocator that is party to the subject SLA, to the same extent as if it had been manually executed by both parties.

assistant: Enforceability