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: is so vague that persons “ ‘of common intelligence must necessarily guess at its meaning and differ as to its application.’ ” United States v. Mena, 863 F.2d 1522, 1527 (11th Cir.), cert. denied, — U.S. -, 110 S.Ct. 110, 107 L.Ed.2d 72 (1989) (quoting Connelly v. General Constr. Co., 269 U.S. 385, 391, 46 S.Ct. 126, 127, 70 L.Ed. 322 (1926)). In Papichristou v. Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972), the Supreme Court stated that “greater leeway is allowed” in the field of regulatory statutes governing business activities. More importantly, we find the definition of consultation no more vague than other ordinances upheld by the Supreme Court. See Village of Hoffman Estates v. Flipside, 455 U.S. 489, 501, 102 S.Ct. 1186, 1194, 71 L.Ed.2d 362 (1982) (<HOLDING>); United States v. Nat’l Dairy Products Corp., Options: A. holding constitutional ordinance requiring licensing for the sale of products designed or marketed for use with illegal drugs B. holding firearms large sums of cash and uncharged quantities of illegal drugs are admissible to show a defendant is involved in the distribution of illegal drugs C. holding that the commercial use requirement of section 1125c is virtually synonymous with the in connection with the sale offering for sale distribution or advertising of goods and services requirement of the lanham act D. holding that the new jersey real estate licensing act is applicable to the sale of a company through a stock sale E. holding that failure to comply with rule requiring notice of sheriffs sale requires voiding of sale

assistant: The best answer is A. holding constitutional ordinance requiring licensing for the sale of products designed or marketed for use with illegal drugs
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: v. United States, 59 Fed.Cl. 765, 769 (2004). The government has not demonstrated that it or Mr. Potter would be harmed by a difference of three hours of deposition time in one day. V. Conclusion For the reasons stated above, it is hereby ORDERED that (a) the Reidhill Motion is granted, (b) the Ross Motion is denied, (e) the New Witnesses Motion is denied, and (d) the Potter Motion is granted. 1 . See United States v. Winstar Corp., 518 U.S. 839, 116 S.Ct. 2432, 135 L.Ed.2d 964 (1996). 2 . In the preliminary phases of the case, the government was adjudged liable to plaintiffs for breach of contract, and genuine disputes of material fact were determined to exist respecting certain of plaintiffs' claims for damages. See Globe Sav. Bank, FSB v. United States, 55 Fed.Cl. 247 (2003) (<HOLDING>); Globe Sav. Bank, FSB v. United States, 59 Options: A. holding government could be liable for breach of a contractual obligation to purchase insurance for plaintiff B. holding the government liable to plaintiffs for breach of contract C. holding that the government was liable for partial breach of contract D. holding that a cause of action for breach of contract accrues at the time of the breach E. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract

assistant: The best answer is B. holding the government liable to plaintiffs for breach of contract
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See Commonwealth v. Bui 419 Mass. 392, 645 N.E.2d 689 (1995) (Bui I). The petitioner then sought habeas corpus relief in the federal district court, see 28 U.S.C. § 2254, naming as respondents two state officials. His petition enumerated several purported constitutional faults. The district court found the claims of error unpersuasive and declined to disturb the state court judgment. See Bui v. DiPaolo, 985 F.Supp. 219 (D.Mass.1997) (Bui II). Because Bui filed his application for habe-as corpus relief in December 1996, the Anti-terrorism and Effective Death Penalty Act (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214, 1217-18 (Apr. 24, 1996) (codified in scattered sections of 28 U.S.C.), governs this case. See Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 2068, 138 L.Ed.2d 481 (1997) (<HOLDING>). Under the AEDPA amendments, a habeas Options: A. holding aedpa applicable to petition filed on or after aedpas effective date B. holding that the act applies prospectively to complaints filed after its effective date C. holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996 D. holding that in general aedpas provisions apply to cases filed after its effective date E. holding that in general aedpa applies only to habeas petitions filed after the statutes effective date of april 24 1996 and noting that aedpas special procedures for 28 usc 2254 petitions in capital cases apply also to petitions pending on april 24 1996

assistant: The best answer is D. holding that in general aedpas provisions apply to cases filed after its effective date
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.C. Gen. Stat. § 7B-1103(a)(3) (2005), which provides: A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only be filed by one or more of the following: . . . Any county department of social services, consolidated county human services agency, or licensed child-placing agency to whom custody of the juvenile has been given by a court of competent jurisdiction. Second, the trial court in D.D.J. had no jurisdiction to enter the 17 March 2004 order on termination subsequent to granting “full custody” of the juveniles to custodial guardians on 26 September 2003 and specifying that “this case is closed.” See In re P.L.P., 173 N.C. App. 1, 7, 618 S.E.2d 241, 245 (2005), aff'd per curiam, 360 N.C. 360, 625 S.E.2d 779 (2006) (<HOLDING>). Here, James R. and Crystal Helms, H.D.’s Options: A. holding that the district courts order refusing to exercise jurisdiction and remanding to the magistrate court for trial was sufficiently final for purposes of appeal and then determining that the remand was in error B. holding that jurisdiction in the district court was terminated by the trial courts order to close the case and that dss was required to file a new petition alleging neglect C. holding that because the state failed to properly file the complaint the district court lacked jurisdiction to proceed to trial D. holding that an untimely petition for a rehearingreconsideration of a motion in a criminal case was beyond the district courts jurisdiction E. holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition

assistant: The best answer is B. holding that jurisdiction in the district court was terminated by the trial courts order to close the case and that dss was required to file a new petition alleging neglect
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: Gillis contends A&P’s manner of curing was unreasonably protracted, he failed to respond to David’s letters that spelled out exactly how A&P planned to cure. As a result, this Court is not left with a definite or firm conviction that a mistake has been committed. Consequently, the district court did not err. Because this Court finds neither clear error in the district court’s findings of fact nor abuse of discretion in the its exercise of jurisdiction, this Court affirms the district court’s judgment. AFFIRMED. 2 . The Travelers standard is intended for pure declaratory judgment cases and therefore may not have been appropriate in the instant case, which included a counterclaim for monetary damages. See Diamond Offshore Co. v. A & B Builders, Inc., 302 F.3d 531, 539 (5th Cir.2002) (<HOLDING>). Yet even if the Travelers standard was Options: A. holding that the determination and assessment of damages are not the primary purpose of a declaratory action B. holding that immunity from suit barred claim that although couched in terms of suit alleging potential statelaw violations sought monetary damages for breach of contract C. holding that inclusion of timely and nonfrivolous monetary damages removed a suit from the realm of a declaratory judgment action for purposes of determining exercise of jurisdiction D. holding that because suit requested damages for breach of contract colorado river applied even though district court characterized suit as declaratory judgment action E. holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action

assistant: The best answer is C. holding that inclusion of timely and nonfrivolous monetary damages removed a suit from the realm of a declaratory judgment action for purposes of determining exercise of 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 case excerpt and choose the best holding from the options. Case excerpt: the foregoing reasons, the government’s Motion to Strike is granted in part and denied in'part. The plaintiffs’ Motion for Summary Judgment is denied in full, and the government’s and intervenors’ Cross-Motions for Summary Judgment are granted in full. An appropriate Order accompanies this Memorandum Opinion. 2 . The plaintiffs’ operative complaint was brought by HAP and four shepherds, including both H-2A shepherds as well as a shepherd who .is a U.S. citizen, See Second Amended Compl. ("Compl.”) ¶¶ 4-8, ECF No. 58. The Court previously held that foreign sheepherders do not fall within the zone of interests protected by the Immigration and Nationality Act ("INA”) and thus dismissed those plaintiffs from the case. See Mem. Op, at 28-29, ECF No. 83; see also Mem. Op. at 8, ECF No. 90 (<HOLDING>). The plaintiffs now challenge this holding Options: A. holding that an alien is only lawfully admitted for permanent residence for purposes of the ina if his or her adjustment to lawful permanent resident complied with substantive legal requirements and that because the alien failed to show that she had complied with the relevant substantive legal requirements the ij correctly determined that she had not been lawfully admitted for permanent residence and was not entitled to 212c relief B. holding that the commandant of the united states disciplinary barracks and the united states are identical parties C. holding that a motion to reopen to apply for an adjustment of status based on an unadjudicated visa petition filed by a united states citizen or lawful permanent resident spouse must be denied D. holding that a lawful permanent resident alien is entitled to seek relief under ina 212c E. holding that hap falls within the zone of interests protected by the ina because at least two of its members are lawful permanent residents of the united states

assistant: The best answer is E. holding that hap falls within the zone of interests protected by the ina because at least two of its members are lawful permanent residents of the united states
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: this section , and sections 1 , 9 ( for amounts incurred before the end of these terms ) , 10 , 11 , 12 , 13 , 15 , and those that by their terms apply after the terms end will survive any termination or cancellation of these terms .

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 Second Amendment may be signed in two or more counterparts. When at least one such counterpart has been signed by each party, this Second Amendment shall be deemed to have been fully executed, each counterpart shall be deemed to be an original, and all counterparts shall be deemed to be one and the same agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Project Agreement shall be governed by, and construed in accordance with, the internal, substantive laws of the State of Ohio. Consultant agrees that the state and federal courts located in the State of Ohio shall have jurisdiction in any action, suit or proceeding against Consultant based on or arising out of this Project Agreement and Consultant hereby: (a) submits to the personal jurisdiction of such courts; (b) consents to service of process in connection with any action, suit or proceeding against Consultant; and (c) waives any other requirement (whether imposed by statute, rule of court or otherwise) with respect to personal jurisdiction, venue or service of process.

assistant: Applicable 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: Except for the obligations undertaken in this letter agreement, you hereby fully and forever release and discharge Diodes and its current and former parents, subsidiaries , affiliates, divisions, employees, trustees, fiduciaries, insurers, officers, directors, investors, shareholders, owners, attorneys, agents, successors, assignees, benefit plans, and representatives ( “ Releasees ” ) from any and all claims, actions, suits, losses, rights, damages , costs, fees, expenses, accounts, demands, obligations, liabilities, and causes of action of every character, nature, kind or description whatsoever, known or unknown, foreseen or unforeseen, and suspected or U nsuspected, arising out of, or relating to, any act or omission, whatsoever arising from, occurring during or related in any manner to your performance of work for Diodes, as well as the cessation of your performance of work for Diodes, including , without limitation, those arising out the Employee Retirement Income Security Act of 1974, as amended; Title VII of the Civil Rights Act of 1964, which prohibits discrimination and harassment in employment based on race, color, national origin, religion and sex; the Family and Medical Leave Act; the Sarbanes-Oxley Act; the Fair Labor Standards Act; the Americans with Disabilities Act, which prohibits discrimination based upon disability or handicap; the Age Discrimination in Employment Act; the California Fair Employment and Housing Act; and/or any other federal, state or local laws, common law, or regulations prohibiting employment discrimination, harassment, and/or retaliation. This letter agreement also includes a release of any claim for breach of contract, wrongful termination, interference with contractual relations or economic advantage, defamation, misrepresentation, fraud, or wages. It is your intent to waive and release any and all claims that you have or may have against the Releasees as of the date of the execution of this letter agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent the parties are permitted under these terms to initiate litigation in a court , both you and snap group limited agree that all claims and disputes ( whether contractual or otherwise ) arising out of or relating to the terms or the use of the services will be litigated exclusively in the courts of england in the united kingdom , unless this is prohibited by the laws of the country where you reside .

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: “To avoid interfering with first amendment rights, this statute should not be used to combat rudeness or for social engineering.” Id. at 43. But a defendant’s words are considered as a “package” in combination with conduct and physical movements, viewed in light of the surrounding circumstances. Id.; see, e.g., City of Little Falls v. Witucki, 295 N.W.2d 243, 246 (Minn.1980). “For a person to be guilty of disorderly conduct the public or some member thereof must be disturbed.” State v. Reynolds, 243 Minn. 196, 199, 66 N.W.2d 886, 889 (1954). Although the court in S.L.J. found that adjudication of delinquency invalid as a matter of law, later cases have treated the question of whether language amounts to fighting words as one of fact. See, e.g., Wi-tucki, 295 N.W.2d at 245 (<HOLDING>). We interpret the standard of review Options: A. holding in a securities fraud action that a court may only find the lack of materiality where a jury could not reasonably find materiality B. holding at summary judgment that the plaintiff had to show a reasonable jury could find the defendants allegedly anticompetitive conduct was a material cause of plaintiffs injury C. holding that a reasonable trier of fact could find that the defendants acted with malice D. holding that to find negligence jury need not find violation of federal motorcarrier regulation E. holding that jury could find defendants language inherently likely to provoke violence under circumstances

assistant: The best answer is E. holding that jury could find defendants language inherently likely to provoke violence under circumstances
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 agrees to indemnify and hold harmless each Investor and its Affiliates and their respective directors, officers, members, managers, agents and employees, and their respective successors and assigns, from and against any and all losses, claims, damages, liabilities and expenses (including without limitation reasonable attorneys’ fees and disbursements) to which such Person may become subject as a result of, arising out of, in connection with or related to: (i) any breach of representation, warranty, covenant or agreement made by or to be performed on the part of the Company under the Related Agreements; or (ii) any action, suit, claim, proceeding or investigation (other than actions, suits, claims, proceedings or investigations arising from the willful conduct or gross negligence of the Investor) by any governmental authority, stockholder of the Company or any other Person (other than the Company) relating to this Agreement or the other Related Agreements or the transactions contemplated hereby or thereby, and in each case, will reimburse any such Person for all such amounts as they are incurred by such Person.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: red flags obligated Midwest to require some proof that Debtor had a cognizable interest in the real property located in Florida, either through a title search or by some documentation. • Midwest claims that it relied upon the Feb. 23, 1995 Financial Statement in approving the loans to Debtor dated August 30, 1995 in the amount of $67,500.00, and August 30, 1996 in the amount of $67,500.00. At the times those loans were made however, the Financial Statement was six months old, and one and a half years old, respectively. There was no evidence that Midwest did anything to verify that the information contained in it was correct; therefore, this was not reasonable reliance on the part of Midwest. See First Sanlando Bank, N.A. v. Benore (In re Benore), 108 B.R. 797 (Bankr.M.D.Fla. 1989) (<HOLDING>). The sole testimony regarding Midwest’s Options: A. holding that representation as to financial solvency of partnership was statement of financial condition because it reflected overall economic condition of partnership B. holding debt dischargeable since lender did not reasonably rely upon allegedly false financial statement where lender did nothing to verify incomplete financial statement four to six months old C. holding that access to financial information was reasonably related to a defendants narcotics convictions because financial gain motivated the underlying crimes D. holding that plaintiff failed to prove reasonable reliance on a false statement E. holding that the phrase statement respecting the debtors financial condition should be narrowly interpreted

assistant: The best answer is B. holding debt dischargeable since lender did not reasonably rely upon allegedly false financial statement where lender did nothing to verify incomplete financial statement four to six months old
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: as part of the functionality of the site and services , you may link your account with online accounts you may have with third party service providers ( each such account , a `` third party account '' ) by either : ( i ) providing your third party account login information to academia.edu through the site or services ; or ( ii ) allowing academia.edu to access your third party account , as is permitted under the applicable terms and conditions that govern your use of each third party account .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the State’s request to take a recess, nor in refusing to exclude the victim’s post-recess testimony. There was nothing substantively different from her testimony pri- or to the recess. The State was obviously successful in its attempt to calm down and relax the victim, the very purpose for which the court granted the State’s request for a recess. V. Judicial Misconduct We have reviewed Roman’s contentions that the trial court acted in a prejudicial manner, depriving him of his constitutional and statutory right to an impartial and fair trial. Roman’s claims in some instances are unfounded. Other contentions concerning the court’s pr lding evidence of past uncharged instances of offensive conduct admissible to show intent and relationship); State v. Young, 560 A.2d 1095, 1096 (Me.1989) (<HOLDING>); State v. Ouellette, 544 A.2d 761, 763 Options: A. holding evidence of outofstate instances of abuse admissible in child sexual abuse case to show intent opportunity and relationship between defendant and victim B. holding evidence of past uncharged sexual encounters admissible in child sexual abuse case to show relationship between defendant and alleged victim C. holding prior instances of domestic assault admissible to show the nature of the parties relationship and explain what might otherwise appear to be incongruous behavior to a jury such as remaining with an abusive partner and delaying a report of abuse D. holding evidence of sexual assault relevant to show defendants motive in kidnapping victim E. holding that past instances of physical contact between parties in sexual assault case admissible to show relationship intent opportunity and defendants attraction to alleged victim

assistant: The best answer is E. holding that past instances of physical contact between parties in sexual assault case admissible to show relationship intent opportunity and defendants attraction to alleged victim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands, directions and other communications provided for herein shall be in writing and shall be delivered or mailed in the manner specified in the Securities Purchase Agreement addressed to a party at its address set forth in or determined pursuant to the Securities Purchase Agreement, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Obligors shall have performed and complied with all material agreements and conditions contained in this Agreement required to be performed or complied with by the Obligors prior to or at the Closing. Before and after giving effect to the issue and sale of the applicable Notes (and the application of the proceeds thereof as contemplated by Section 5.14), (i) no Default or Event of Default shall have occurred and be continuing and (ii) no Change of Control shall have occurred.

assistant: No Defaults
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: 344 U.S. 141 73 S.Ct. 124 97 L.Ed. 152 BROWN et al.v.BOARD OF EDUCATION OF TOPEKA, SHAWNEE COUNTY, KANSAS, et al. No. 8. Decided Nov. 24, 1952. PER CURIAM. 1 This action was instituted by the appellants attacking a Kansas statute which authorized segregation in the schools of that State. It was urged that the State of Kansas was without power to enact such legislation, claimed by appellants to be in contravention of the Fourteenth Amendment. 2 In the District Court, the State, by its Governor and Attorney General, intervened and defended the constitutionality of the statute. The court upheld its validity, D.C., 98 F.Supp. 797. 3 In this Court, the appellants continue their constitutional attack. No appearance has been entered here by the State of Kansas, the Board of Education of Topeka, and the other appellees; nor have they presented any brief in support of the statute's validity. The Court has been advised by counsel for the Board of Education that it does not propose to appear in oral argument or present a brief. 4 Because of the national importance of the issue presented and because of its importance to the State of Kansas, we request that the State present its views at oral argument. If the State does not desire to appear, we request the Attorney General to advise whether the State's default shall be construed as a concession of invalidity. 5 Order accordingly.

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 case excerpt and choose the best holding from the options. Case excerpt: FNC contends that the plaintiffs have waived this theory by failing to assert this ground in the Complaint. Although the plaintiffs did not assert this ground in the Complaint, in opposing the motion for summary judgment, the plaintiffs argued that there were issues of material fact as to whether Mr. Cisneros was FNC’s apparent agent. At the summary judgment hearing, FNC’s counsel argued that apparent agency was not pled in the Complaint. A review of the Complaint demonstrates that the plaintiffs failed to allege that Mr. Cisneros. was FNC’s apparent agent at the time of the accident. We agree with FNC that issues that are not pled in a complaint cannot be considered by the trial court at a summary judgment hearing. Am. Title Ins. Co. v. Carter, 670 So.2d 1115 (Fla. 5th DCA 1996)(<HOLDING>); Hemisphere Nat’l Bank v. Goudie, 504 So.2d Options: A. holding that trial court erred in considering pro se motion for new trial filed when defendant was represented by counsel B. holding that under florida law a court hearing a case on a motion for a summary judgment can only consider those issues raised by the pleadings C. holding that at summary judgment hearing trial court erred by considering theory not raised in the pleadings D. holding that by considering matters outside of the pleadings the trial court converted a rule 12b6 motion to dismiss into a summary judgment motion E. holding that the trial court may not grant summary judgment on a ground not raised in the motion

assistant: The best answer is C. holding that at summary judgment hearing trial court erred by considering theory not raised in the pleadings
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: Vodafone’s Tennessee customers to vanish, for tax purposes. This qualifies as an “unusual fact situation” that produces an “incongruous result.” See BAPCO, 308 S.W.3d at 367 (“The unusual fact situation in this case is that all of the costs of production occurred outside of Tennessee, but the revenue derived from the end product only occurred when the product was distributed in Tennessee .... ”); accord Microsoft Corp. v. Franchise Tax Bd., 39 Cal.4th 750, 47 Cal.Rptr.3d 216,139 P.3d 1169, 1181 (2006) (disagreeing with taxpayer’s contention that the frequency with which issue of large corporate treasury department receipts arises renders situation as “nonu-nique” under California variance regulation); Union Pac. Corp. v. Idaho State Tax Comm’n, 139 Idaho 572,83 P.3d 116, 120 (2004) (<HOLDING>). We also- agree with the Commissioner that Options: A. recognizing that it is an unusual challenge to a sale that does not distort the validity of the sale and that the exception likely has meaning only when collateral issues are challenged B. holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale C. holding that the amendment was a use regulation which was in effect a condition on the use of property in the affected zone D. holding that effect of different accounting systems was unusual under the idaho variance regulation even if underlying situation the sale of receivables was not unique E. recognizing that sale of insurance affects the public interest and is subject to state regulation

assistant: The best answer is D. holding that effect of different accounting systems was unusual under the idaho variance regulation even if underlying situation the sale of receivables was not unique
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: was deemed improper. In McLauchlin v. McLauchlin, 580 So.2d 812 (Fla. 2d DCA 1991), for example, the party seeking permanent alimony was in her mid-30s and, like the spouse here, had primary residential custody of three children. In affirming a denial of permanent alimony the court explained: “Although this marriage was not a bri 1996) (“This was a short-term marriage, and generally permanent alimony is inappropriate unless a genuine inequity is created by the dissolution.”); Geddes v. Geddes, 530 So.2d 1011 (Fla. 4th DCA 1988) (no error in awarding only rehabilitative alimony after 9 year marriage to 45-year old spouse who was self sufficient before marriage and there was no reason why she could not become so again); Contogeorgos v. Contogeorgos, 482 So.2d 590 (Fla. 4th DCA 1986) (<HOLDING>); Campbell v. Campbell, 432 So.2d 666 (Fla. 5th Options: A. holding that former husband was not entitled to evidentiary hearing on petition to modify alimony where he failed to demonstrate substantial change in circumstances since entry of a prior order denying modification of alimony from which he did not appeal B. holding that alimony obligation was discharged by social security payments received by the wife C. holding that husbands obligation to pay premiums on a life insurance policy for five years with wife as the beneficiary was periodic alimony D. holding that for 9year marriage where wife was 29years old and able to be selfsufficient rehabilitative alimony should have been awarded reversing permanent periodic alimony as inappropriate E. holding that in case of a short term marriage a presumption against awarding permanent alimony arises but such presumption is rebuttable

assistant: The best answer is D. holding that for 9year marriage where wife was 29years old and able to be selfsufficient rehabilitative alimony should have been awarded reversing permanent periodic alimony as inappropriate
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: Neither party's failure to declare a default immediately upon its occurrence or delay in taking action for a default shall constitute a waiver of the default, nor shall it constitute an estoppel. Neither party's failure to enforce its rights for a default shall constitute a waiver of that party's rights regarding any subsequent default.

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 legal provision and list the applicable contract clause categories. Provision: The Executive shall not make any slanderous, libelous or disparaging remarks, statements, writings, announcements or conversations of any kind about the Company, its business operations, its affiliates, business plans, or its employees, officers or directors at any time, and similarly, the Company shall not make any slanderous, libelous or disparaging remarks, statements, writings, announcements or conversations of any kind about the Executive or his professional or personal abilities or character. Notwithstanding the foregoing or anything else in this Agreement to the contrary, nothing in this Agreement shall operate to prevent either party from testifying truthfully under oath in any legal or administrative proceeding.

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: If, at the time of enforcement of Section 8 or 9 , a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the parties hereto agree that the maximum period, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area, and the covenants should be interpreted and enforced to the maximum extent which such court deems reasonable. Because Executive’s services are unique and because Executive has access to Confidential Information and Work Product, the parties hereto agree that money damages would not be an adequate remedy for any breach of this Agreement, and any breach of the terms of Section 8 or 9 would result in irreparable injury and damage to WestRock and its Subsidiaries for which WestRock and such Subsidiaries would have no adequate remedy at law. Therefore, in the event a breach or threatened breach of this Agreement, WestRock, the Company and their successors or assigns, in addition to other rights and remedies existing in their favor, shall be entitled to specific performance and/or immediate injunctive or other equitable relief from a court of competent jurisdiction in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security), without having to prove damages, in addition to any other remedies to which WestRock and its Subsidiaries may be entitled at law or in equity. The terms of this Section 10 shall not prevent WestRock or its Subsidiaries from pursuing any other available remedies for any breach or threatened breach hereof, including but not limited to the recovery of damages from Executive.

assistant: Enforcements
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 obligation of confidentiality by the Optionee set forth in the Company's agreements(s) with the Optionee or policies of the Company binding on or covering the Optionee shall remain in effect for perpetuity regardless of any cessation of payment pursuant to this Agreement, such that the Optionee shall not disclose confidential information of or pertaining to the Company at any time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments made by any Loan Party under any Loan Document will be made free and clear of, and without deduction or withholding for, any Taxes, except as otherwise required by applicable law, and in the event any deduction or withholding of Taxes is required, the applicable Loan Party shall make the requisite withholding, promptly pay over to the applicable Governmental Authority the withheld tax, and furnish to Agent as promptly as possible after the date the payment of any such Tax is due pursuant to applicable law, certified copies of tax receipts evidencing such payment by the Loan Parties. Furthermore, if any such Tax is an Indemnified Taxes or an Indemnified Tax is so levied or imposed, the Loan Parties agree to pay the full amount of such Indemnified Taxes and such additional amounts as may be necessary so that every payment of all amounts due under this Agreement, any note, or Loan Document, including any amount paid pursuant to this Section 16.1 after withholding or deduction for or on account of any Indemnified Taxes, will not be less than the amount provided for herein. The Loan Parties will promptly pay any Other Taxes or reimburse Agent for such Other Taxes upon Agent's demand. The Loan Parties shall jointly and severally indemnify each Indemnified Person (as defined in Section 10.3 ) (collectively a " Tax Indemnitee ") for the full amount of Indemnified Taxes arising in connection with this Agreement or any other Loan Document or breach thereof by any Loan Party (including any Indemnified Taxes imposed or asserted on, or attributable to, amounts payable under this Section 16 ) imposed on, or paid by, such Tax Indemnitee and all reasonable costs and expenses related thereto (including fees and disbursements of attorneys and other tax professionals), as and when they are incurred and irrespective of whether suit is brought, whether or not such Indemnified Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority (other than Indemnified Taxes and additional amounts that a court of competent jurisdiction finally determines in a final, non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Tax Indemnitee). The obligations of the Loan Parties under this Section 16 shall survive the termination of this Agreement, the resignation and replacement of the Agent, and the repayment of the Obligations.

assistant: Payments
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: substantive nature of the claim is based on common-law principles. See e.g., Wood v. N.J. Mfrs. Ins. Co., 206 N.J. 562, 576-79, 21 A.3d 1131 (2011) (requiring jury trial in insurer-insured dispute despite their fiduciary relationship, which normally implicates action in equity, because of common-law contract principles at dispute’s core); State v. One 1990 Honda Accord, 154 N.J. 373, 393, 712 A.2d 1148 (1998) (requiring jury trial despite forfeiture remedy’s nonexistence at common law and cause of action’s creation by statute because forfeiture is rooted in common-law principles). 4 The Legislature amended the LAD thereafter to provide the right to a jury trial. L. 1990, c. 12, § 2 (codified as amended at N.J.S.A. 10:5-13). See Montells v. Haynes, 133 N.J. 282, 287, 627 A.2d 654 (1993) (<HOLDING>). 5 We amended Rule 4:21A-1 to add mandatory, Options: A. recognizing first amendment and fourteenth amendment interests in inmate correspondence B. holding the sixth amendment applicable to the states through the fourteenth amendment C. recognizing first amendment retaliation right D. recognizing lad amendment E. holding that the fourteenth amendment incorporated the sixth amendment right to counsel

assistant: The best answer is D. recognizing lad 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 case excerpt and choose the best holding from the options. Case excerpt: “the voluntariness of a confession turns on whether the defendant’s will was overborne to the extent that [his] statements were not the result of a free and voluntary act.” John, 812 N.E.2d at 1224 (citations omitted); see also Fulminante, 499 U.S. at 285-87, 111 S.Ct. 1246. The SJC concluded that John’s confession was voluntary, discussing both John’s impression of the relevant meeting with Novak and his possible motivation for confessing to the FBI agent. John, 812 N.E.2d at 1224. After review of the record, we conclude that the SJC did not unreasonably apply, or act contrary to, Supreme Court law when concluding that John’s confession was voluntary. Although the SJC did not cite Supreme Court precedent, its voluntariness analysis was consistent with it. See Dagley, 540 F.3d at 16 (<HOLDING>) (citations omitted). And the SJC’s Options: A. holding that to pass muster under the contrary to prong a state court need not cite relevant supreme court precedent or even be aware of relevant cases so long as neither the reasoning nor the result of the statecourt decision contradicts them 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 aedpas contrary to clause does not require citation of our cases indeed it does not even require awareness of our eases so long as neither the reasoning nor the result of the statecourt decision contradicts them D. recognizing that a failure to cite supreme court decisions does not itself suggest a state court decision is contrary to such precedents so long as neither the reasoning nor the result of the statecourt decision contradicts them E. holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision

assistant: The best answer is D. recognizing that a failure to cite supreme court decisions does not itself suggest a state court decision is contrary to such precedents so long as neither the reasoning nor the result of the statecourt decision contradicts them
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: Arch Coal will account for all Premiums, the Initial License Fee, the Development Costs and the *% return referred to in Section 4.1 and provide such accounting to ADA for each month by the tenth (10th) calendar day of the second month following the end of such month commencing in the month when Arch Coal first makes any sale of Enhanced Coal. (By way of illustration, the accounting for the month of June will be due by August 10th.) Ongoing Royalties shall be paid on a quarterly basis, no later than thirty-four (34) calendar days following the end of a calendar quarter, and shall be accompanied by a royalty report, which shall describe quantity and gross sales price of Enhanced Coal, evidence of (i) the then-current Index Price for non-Enhanced Coal, (ii) any deduction from and/or adjustments to the gross sales price as provided in the definition of Net Sales Price, and (iii) the calculation of Ongoing Royalties remitted. If Arch Coal fails to make any payment pursuant to this Agreement within the time specified herein, Arch Coal shall pay interest at a rate of one and one half percent (1.5%) per month on the unpaid balance finally determined to be due, payable from the due date until fully paid, and shall pay all costs of collection, including reasonable attorneys’ fees. The foregoing payment of interest shall not affect ADA’s right to terminate this Agreement in accordance with Section 10.

assistant: Payments
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 deemed executed and delivered by the parties upon the execution of the individual Award Certificate issued to the Grantee in connection herewith, which Award Certificate shall be executed by an authorized officer of the Company and may be executed in any number of counterparts, each of which shall be deemed an original, and shall be effective when a counterpart thereof has been received from both parties.

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 case excerpt and choose the best holding from the options. Case excerpt: CURIAM. Affirmed. See Jews for Jesus, Inc. v. Rapp, 997 So.2d 1098, 1108 n. 13 (Fla.2008) (<HOLDING>); see also Woodard v. Sunbeam Television Corp., Options: A. holding truth is affirmative defense to slander in suits between private individuals B. holding that truth is a complete defense to an action for libel C. holding that truth is a complete defense to defamation D. holding that truth remains an available defense to defendants who can prove that the defamatory implication is true in a defamation by implication action E. holding that a private figure defamation plaintiff seeking compensation for harm inflicted as a result of the publication of defamatory matter must prove that the defamatory matter was published with want of reasonable care and diligence to ascertain the truth or in the vernacular with negligence

assistant: The best answer is D. holding that truth remains an available defense to defendants who can prove that the defamatory implication is true in a defamation by implication action