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: The confidential, proprietary and made secret information of the disclosing party ("Confidential Information") to be disclosed hereunder is that information which (i) is described in the Confidential Information Transmittal Record ("CITR") executed from time to time hereafter and (ii) is marked with a "confidential", "proprietary", or similar legend. Any copies which are made will be identified as belonging to the disclosing party and marked "confidential", "proprietary", or with a similar legend.

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 case excerpt and choose the best holding from the options. Case excerpt: often simply shipped replacement modules from its open inventory to Google. This was possible because rather than being manufactured specifically for Google, the modules were mass-produced standardized product that the Debtor sold to many customers. California law, the language of the Terms and Conditions, and the parties’ course of dealings are all consistent with the Debtor’s contention that title to the modules passed back to it when Google returned them and are inconsistent with Google’s assertion that it , 443 F.2d 611, 613 (5th Cir.1971) (concluding that installation by the buyer of heavy equipment supplied by the seller is an act inconsistent with the seller’s ownership precluding rejection); Marbelite Co. v. City of Philadelphia, 208 Pa.Super. 256, 222 A.2d 443, 444 (1966) (<HOLDING>); Park Cty. Implement Co. v. Craig, 397 P.2d Options: A. holding that use of traffic signal equipment was inconsistent with sellers ownership and constituted acceptance B. holding that allowing moderate use of the resources on the property was not inconsistent with exclusive use C. holding that complete performance of contract constituted acceptance D. holding that buyers retention and use of boiler was an act inconsistent with sellers ownership and constituted acceptance precluding rejection E. holding that although sellers acknowledgment was not valid acceptance of buyers offer under 22071 buyers subsequent acceptance of and payment for goods along with buyers objection to a particular term within counteroffer constituted assent to remaining terms of counteroffer

assistant: The best answer is A. holding that use of traffic signal equipment was inconsistent with sellers ownership and constituted acceptance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in Schedule 3.1(g) , the capitalization of the Company immediately prior to the First Closing is, in all material respects, as set forth in the SEC Reports. Except as provided in Schedule 3.1(g) , no Person has (i) any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents except for such, if any, as will have been validly waived before each Closing and (ii) except pursuant to the operation of agreements filed as exhibits to the SEC Reports before the date of this Agreement, the issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Purchaser) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. Except as filed as exhibits to the SEC Reports, there are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

assistant: Capitalization
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: ( ii ) impersonate any person or entity without their consent , or otherwise misrepresent your affiliation , or if you are an adult , impersonate a minor for the purpose of interacting with a minor using the service ;

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: things, that the court could not "provide restitution to nature." Nevertheless, even if plain error review governed our analysis of this issue, we would find that the court committed plain error by issuing restitution without authority to do so. See United States v. Poitra, 648 F.3d 884, 887 (8th Cir.2011) ("To obtain relief under a plain-error standard of review, the party seeking relief must show that there was an error, the error is clear or obvious under current law, the error affected the party's substantial rights, and the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.” (citing United States v. Curry, 627 F.3d 312, 314-15 (8th Cir.2010) (per curiam))); United States v. Clark, 274 F.3d 1325, 1328-29 (11th Cir. 2001) (per curiam) (<HOLDING>); United States v. Barajas-Nunez, 91 F.3d 826, Options: A. holding that the requirements of explanation and consideration of alternatives do not impose additional procedural requirements upon an agency in contravention of vermont yankee B. holding that defendant could not show district courts alleged error in considering 3553a2a when imposing a revocation sentence was clear or obvious under plain error review C. holding that the district court committed plain error in relying solely on the factual description in the presentence report D. holding that government waived right to challenge alleged error of district court in failing to impose statutory minimum sentence under 841b1b by failing to object to sentence announced by district court E. holding that a district court committed plain error by imposing a sentence in contravention of statutory requirements

assistant: The best answer is E. holding that a district court committed plain error by imposing a sentence in contravention of statutory requirements
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: Lessors shall be responsible for billing, collecting, reporting and remitting any and all sales, use, transfer, documentary or similar taxes imposed as a result of or related to the transactions contemplated by this Lease Agreement; provided that Lessee shall promptly pay Lessors for any such taxes upon demand therefor by Lessors.

assistant: Sales
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: Senior Circuit Judge. Applicants for habeas corpus relief often present an array of claims, some of which yield broader redress than others. The king of habeas remedies is an order for unconditional release with prejudice to re-prosecution. If the fact of the petitioner’s prosecution (or any reprosecution upon the vacation of his conviction) would violate the Constitution, that relief will follow. A paradigmatic example of this phenomenon is when jeopardy has attached and the evidence adduced at trial is found, upon collateral review, to be constitutionally insufficient to sustain the conviction. See Burks v. United States, 437 U.S. 1, 18, 98 S.Ct. 2141, 57 L.Ed.2d 1 (1978) (<HOLDING>); Fagan v. Washington, 942 F.2d 1155, 1157, Options: A. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause B. holding that the double jeopardy clause precludes a second trial once the reviewing court has found the evidence legally insufficient C. holding that the double jeopardy clause precludes a second trial once the reviewing court finds the evidence legally insufficient and that the only just remedy is the direction of a judgment of acquittal D. holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment E. holding that double jeopardy clause did not apply to forfeiture proceeding before the court

assistant: The best answer is B. holding that the double jeopardy clause precludes a second trial once the reviewing court has found the evidence legally insufficient
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: three-year sentences on the two armed criminal action counts to be served concurrent with each murder sentence, and a ten-year sentence on the robbery count to be served concurrent with the first murder sentence. Id. On April 11, 2001, after serving over seventeen years in prison, Dixon’s convictions for the two counts of murder and two counts of armed criminal action “were set aside by a Jackson County, Missouri, Circuit Judge, on grounds that the Jackson County Prosecutor violated the due process clause which forbids a state from using inconsistent irreconcilable theories to secure convictions against two or more defendants in prosecution for the same offense arising out of the same event.” Presentence Report (PSR) at ¶ 31. See also Smith v. Groose, 205 F.3d 1045, 1052 (8th Cir.2000) (<HOLDING>). The only conviction left intact- was Dixon’s Options: A. holding that the power to regulate the business of another and especially of a competitor is a denial of rights safeguarded by the due process clause B. holding that use of inherently factually contradictory theories violates the principles of due process C. holding the due process rights of one acquitted by insanity are not violated when he or she is committed on a determination of risk of danger to self or the person or property of others by a preponderance of the evidence D. holding that circuit rule that prosecutions use of contradictory theories violates due process would fall within teagues watershed exception E. holding the prosecutor also violated the due process rights of one of dixons accomplices jon smith by using inherently contradictory theories to obtain the convictions of smith and another of dixons accomplices anthony lytle

assistant: The best answer is E. holding the prosecutor also violated the due process rights of one of dixons accomplices jon smith by using inherently contradictory theories to obtain the convictions of smith and another of dixons accomplices anthony lytle
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 consideration of the agreements of Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Loan Party, on behalf of itself and its respective successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent and Lenders, and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, each Lender and all such other Persons being hereinafter referred to collectively as the " Releasees " and individually as a " Releasee "), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set‑off, demands and liabilities whatsoever (individually, a " Claim " and collectively, " Claims ") of every name and nature, known or unknown, suspected or unsuspected, as of the date of this Amendment, both at law and in equity, which such Loan Party, or any of its respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in each case for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, any of the Other Documents or transactions thereunder or related thereto; provided that nothing contained herein shall release any Releasee from any Claims resulting from the gross negligence, willful misconduct or material breach of the Credit Agreement or any of the Other Documents by any Releasee as determined by a court of competent jurisdiction in a final non-appealable judgment or order or for any Claim arising with respect to obligations arising under this Amendment or the documents entered into as of the date hereof.

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 legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. Without limiting the general applicability of the foregoing and the terms of the other Loan Documents to this Agreement and the parties hereto, the terms of Section 11.14 and Section 11.15 of the Credit Agreement are incorporated herein by reference, mutatis mutandis .

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: Except as otherwise provided in Sections 2.2.2 and 2.2.3 , all notices hereunder shall be in writing (including facsimile transmission) and shall be sent to the applicable party at its address shown on Annex B or at such other address as such party may, by written notice received by the other parties, have designated as its address for such purpose. Notices sent by facsimile transmission shall be deemed to have been given when sent; notices sent by mail shall be deemed to have been given three (3) Business Days after the date when sent by registered or certified mail, postage prepaid; and notices sent by hand delivery or overnight courier service shall be deemed to have been given when received. For purposes of Sections 2.2.2 and 2.2.3 , Administrative Agent shall be entitled to rely on telephonic instructions from any person that Administrative Agent in good faith believes is an authorized officer or employee of Borrower, and Borrower shall hold Administrative Agent and each other Lender harmless from any loss, cost or expense resulting from any such reliance.

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 case excerpt and choose the best holding from the options. Case excerpt: the state treasury. Finally, we analyze whether the suit rises to the level of implicating “special sovereignty interests.” Id. (quoting ANR Pipeline Co., 150 F.3d at 1193). The action here meets this test. It is against state officials for conduct that allegedly violates the rights of the Tribe under the Congressional Act of 1864. It seeks only prospective relief that would not in any way retroactively affect the state treasury. Finally, considering that the state has no sovereign interests over Indian land, or more particularly, no interest in enforcing its gaming laws within sovereign Indian territory, the injunction sought implicates no special sovereignty interests. Compare Idaho v. Coeur d’Alene Tribe of Idaho, 521 U.S. 261, 281-88, 117 S.Ct. 2028, 138 L.Ed.2d 438 (1997) (<HOLDING>); see also Elephant Butte, 160 F.3d at 611-13. Options: A. recognizing actions to quiet title are equitable in nature and a court sitting in equity has jurisdiction to quiet title as a remedy for fraud B. holding that wetlands adjacent to navigable waters are included in the term territorial waters C. recognizing that navigable waters railroads and highways are channels of commerce which can be regulated under congress commerce powers D. holding that federal maritime law and not state law applies to all actions for wrongful death in navigable state waters E. holding action equivalent to quiet title over navigable waters regulated and controlled by state is form of prohibited relief

assistant: The best answer is E. holding action equivalent to quiet title over navigable waters regulated and controlled by state is form of prohibited relief
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 embodies the complete agreement and understanding among the parties to this Agreement with respect to the subject matter of this Agreement and supersedes and preempts any prior understandings, agreements or representations by or among the parties, written or oral, which may have related to the subject matter of this Agreement in any way.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Survey — a standard that Superintendent Timothy never told Ms. Hays that she needed to achieve in order to retain her employment. Further, Ms. Hays contends that the District engaged in arbitrary and capricious conduct when it fired her based on a single comment that “if a teacher treated a student this way, or if a coach treated an athlete this way, we would terminate them.” Yet these facts, if true, are insufficient to meet the “conscience-shocking” standard. “This standard is exceedingly difficult to meet, a fact underscored by the cases in which courts have declined to find a violation of substantive due process rights under substantially more egregious allegations than presented by [Ms. Hays].” Seabourn v. Ind. Sch. Dist. No. 1-300, 775 F.Supp.2d 1306, 1314 (W.D. Okla. 2010) (<HOLDING>) (citing cases); see also Tonkovich, 159 F.3d Options: A. holding that a law school professors substantive due process rights were not violated despite his allegations that the university failed to warn him that his conduct was prohibited B. holding that a teachers complaint to school authorities that her principal had instructed her to make improper changes in her own students grades was unprotected because it was made pursuant to her official duties C. holding board did not fail to disclose exculpatory information in violation of teachers due process rights D. recognizing 1983 substantive due process claim E. holding that a career teachers substantive due process rights were not violated when the school board decided not to renew her contract due to concerns about her performance

assistant: The best answer is E. holding that a career teachers substantive due process rights were not violated when the school board decided not to renew her contract due to concerns about her performance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions contained in this Agreement, the Grant Notice and the Plan, the Performance Share Units shall vest as provided on Exhibit A, except as otherwise set forth in Section 6 of this Agreement. With respect to any Performance Share Unit, the period during which such Performance Share Unit remains subject to vesting requirements shall be its Restricted Period.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employee timely shall pay to the Company such amount as the Company may be required, under all applicable federal, state, local or other laws or regulations, to withhold and pay over as income or other withholding taxes (the "Required Tax Payments") with respect to the Award. The Employee may elect to satisfy his or her obligation to advance the Required Tax Payments by (a) authorizing the Company to withhold whole shares of Common Stock which otherwise would be delivered to the Employee pursuant to the Award, having an aggregate Fair Market Value determined as of the date the obligation to withhold or pay taxes arises in connection with the Award or (b) delivery (either actual delivery or by attestation procedures established by the Company) to the Company of previously-owned whole shares of Common Stock, having an aggregate Fair Market Value determined as of the date the obligation to withhold or pay taxes arises in connection with the Award. Shares of Common Stock to be withheld or delivered may not have an aggregate Fair Market Value in excess of the amount determined by applying the minimum statutory withholding rate. Unless other arrangements have been made to the Company’s satisfaction, any fraction of a share of Common Stock which would be required to pay the Required Tax Payments shall be disregarded and the remaining amount due shall be paid in cash by the Employee. The Employee agrees that if by the pay period that immediately follows the date that the Restriction Period with respect to the Award terminates, no cash payment attributable to any such fractional share shall have been received by the Company, then the Employee hereby authorizes the Company to deduct such cash payment from any amount payable by the Company or any Affiliate to the Employee, including without limitation any amount payable to the Employee as salary or wages.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement (the "Term") shall commence on the effective date hereof and, unless terminated in accordance with the provisions hereof, shall remain in full force and effect for an initial term of one year and thereafter shall automatically renew for successive one-year terms. Notwithstanding the foregoing, either party shall have the right to terminate this Agreement for any reason or no reason by written notice given to the other party given no less than 60 days prior to the proposed termination date. Notwithstanding the foregoing, (i) either party shall have the right to terminate this Agreement for any reason or no reason effective as of the last day of the initial Term or any renewal Term by written notice to the other party given no less than thirty (30) days prior to the end of that Term; (ii) this Agreement shall terminate effective on the date specified in a written notice from Lessor to Lessee to the effect that Lessor no longer operates any aircraft, which notice shall be given by Lessor to Lessee as soon as reasonably practicable after Lessor becomes aware that such is or will be the case; (iii) if Lessee terminates Lessor's rights under any other time sharing agreement to which Lessee and Lessor are parties where Lessee is the lessor and Lessor is the lessee, and Lessee does not contemporaneously replace such time sharing agreement with another time sharing agreement on a substantially similar aircraft, then Lessor may, by written notice to Lessee (a) terminate this Agreement effective as of the date of termination of the other time sharing agreement or (b) amend Section 2 of this Agreement to include subsection G) which reads '(j) an additional charge equal to 100 percent of the expenses listed in paragraph 2.(a) above'; and (iv) Lessor may terminate this Agreement effective upon the termination of any applicable aircraft support/management .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Recipient shall, at the reasonable request of Provider in consultation with Recipient, from time to time and without further consideration, execute and deliver such acknowledgments, assurances and other documents as may be reasonably necessary for Provider to satisfy and perform its obligations hereunder. For all purposes of this Section 2.2(f) , the “Services” shall include the operation or management of the Post-Closing Assets, Post-Closing Liabilities or Post-Closing Entities pursuant to Section 2.1(d) and the management of the Non-ECR Client Contracts pursuant to Section 2.1(e) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: IRS violated the discharge injunction since it was aware by bankruptcy notice of his bankruptcy and discharge but nonetheless proceeded to levy his assets. Am. Compl. ¶ 5. The IRS justifies its collection effort, maintaining that Payne’s 1986 tax liability is non-dischargeable under 11 U.S.C. § 523(a)(1)(B)(i). Answ. at 1. The granting of a discharge “operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor.” 11 U.S.C. § 524(a)(2). The discharge injunction applies only to dischargeable debts. Collier on Bankruptcy ¶ 524.02 at 524-12 (15th rev. ed.2000); Pettibone Corp v. United States (In re Pettibone Corp.), 161 B.R. 960, 964 (N.D.Ill.1993) (<HOLDING>). Accordingly, it must first be determined Options: A. holding that plaintiff could not recover medical bills that were discharged in bankruptcy B. holding that because the debtors obligations were not discharged section 524 did not apply C. holding that a 15 lien did not apply because that section does not require reimbursement for an injury not compensable under c 152 D. holding that the special relationship exception did not apply because the decedent was not in defendants custody E. holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons

assistant: The best answer is B. holding that because the debtors obligations were not discharged section 524 did not apply
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: an objection during the hearing that her condition precluded her from accepting a settlement agreement orally. In an affidavit prepared more than a year after the October 26, 1994, administrative hearing, the plaintiff claims that her attorney withheld information from her during settlement negotiations and that he prompted her to accept. Opponent’s Amended, Responsive Submission in Response to Exhibit D of the Court’s Order, at 6. However, apart from her bare allegations she offers no substantive evidence that her attorney’s behavior prohibited her from knowingly and voluntarily entering into a settlement. The plaintiff has failed to provide sufficient evidence that she lacked the capacity to enter into a valid settlement agreement. See Anderson, 477 U.S. at 254, 106 S.Ct. at 2513 (<HOLDING>). V. Conclusion The defendant’s motion for Options: A. holding that credibility determinations should not be resolved at the summary judgment stage B. holding that unverified complaints cannot be considered as evidence at the summary judgment stage C. 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 D. holding that on a motion for summary judgment the mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient and there must be evidence on which the jury could reasonably find for the plaintiff E. holding that at the summary judgment stage there must be sufficient evidence on which the jury could find for the plaintiff

assistant: The best answer is E. holding that at the summary judgment stage there must be sufficient evidence on which the jury could find for the plaintiff
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: Date . Subject to the satisfaction (or written waiver) of the conditions thereto set forth in Section 6 and Section 7 below, the date and time of the issuance and sale of the Note pursuant to this Agreement (the "Closing Date") shall be 5:00 P.M., Eastern Standard Time on or about September 11, 2017 , or such other mutually agreed upon time. The closing of the transactions contemplated by this Agreement (the "Closing") shall occur on the Closing Date at such location as may be agreed to by the parties.

assistant: Closings
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: Brenner’s ideas, concepts, and innovations are not a part of her protectable trade dress. The copying that is relevant here relates only to the total “look and feel” of the two gyms, and efforts to confuse consumers as to source. But, as discussed, the “look and feel” of the Pure Power and Warrior Fitness facilities are not substantially similar. And, there is no evidence that Defendants intended to mislead customers as to the identity of Warrior Fitness. This is not a case where Defendants profited by selling “knock-off’ copies of Plaintiffs’ products or services, see, e.g., Samara Bros., 529 U.S. at 205, 120 S.Ct. at 1339, and the names of the two businesses are not confusingly similar. See, e.g., Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., 588 F.3d 97, 118 (2d Cir.2009) (<HOLDING>); see also W.W.W. Pharm. Co. v. Gillette Co., Options: A. holding that the court of appeals correctly stated the public policy exception but erroneously concluded that the exception did not apply B. holding that the white defendants association with a black defendant was not sufficient to give them standing to join in the black defendants batson challenge C. recognizing that the district court did not reach the merits D. holding that the district court reasonably concluded that black bear did not intend to mislead the public that the charbucks coffees were starbucks products E. holding that the district court did not have jurisdiction and remanding the matter to state court

assistant: The best answer is D. holding that the district court reasonably concluded that black bear did not intend to mislead the public that the charbucks coffees were starbucks products
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: 103 S.Ct. 927, 74 L.Ed.2d 765 (1983) (noting that federal policy favors arbitration). Nevertheless, parties cannot be forced into arbitration unless they have agreed to do so. AT & T Techs., Inc. v. Commc’ns Workers, 475 U.S. 643, 648-49, 106 S.Ct. 1415, 89 L.Ed.2d 648 (1986). Moreover, the authority of arbitrators to resolve disputes is derived from the agreement of parties to engage in arbitration. Equal Employment Opportunity Comm’n v. Waffle House, Inc., 534 U.S. 279, 294, 122 S.Ct. 754, 151 L.Ed.2d 755 (2002). Because arbitration provisions are in essence a matter of contract between the parties, it is for the courts to decide whether the parties are bound by a given arbitration clause. Howsam v. Dean Witter Reynolds, Inc., 537 U.S. 79, 84, 123 S.Ct. 588, 154 L.Ed.2d 491 (2002) (<HOLDING>) (internal quotation omitted). Such questions Options: A. holding that a court should decide whether the arbitration contract bound parties who did not sign the agreement B. holding that all issues other than arbitrability such as fraud in the inducement are for the arbitrator to decide after a court has determined that the arbitration agreement is valid C. holding that in the absence of an agreement to the contrary issues of substantive arbitrability are for a court to decide and issues of procedural arbitrability ie whether prerequisites such as time limits notice laches estoppel and other conditions precedent to an obligation to arbitrate have been met are for the arbitrators to decide quoting the revised uniform arbitration act of 2000 ruaa 6c cmt 2 emphasis added and in the original D. holding that a gateway dispute about whether the parties are bound by a given arbitration clause raises a question of arbitrability for a court to decide E. recognizing a presumption of arbitrability when a contract contains an arbitration clause

assistant: The best answer is D. holding that a gateway dispute about whether the parties are bound by a given arbitration clause raises a question of arbitrability for a court to decide
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as herein otherwise expressly stipulated to the contrary, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, legal representatives, successors and permitted assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of § 3.303(b) regarding the use of or need for continuity of symptomatology as to a service-connection claim and what the relationship of that concept is to the need for medical evidence of a nexus between a current medical condition and the veteran’s service. Until those issues are resolved in Savage, the current opinion should be withheld. In Caluza, the Court reiterated that medical evidence of nexus to service was generally required in order to well ground a service-connection claim. Caluza, supra (citing Grottveit, supra). As the Secretary’s motion indicates, the Court’s opinion in Smith will add confusion to the Court’s easelaw on the question of the nature and quality of the evidence needed to well ground a claim. Compare Tirpak v. Derwinski, 2 Vet.App. 609, 610-11 (1992) (<HOLDING>), and Boeck v. Brown, 6 Vet.App. 14, 16-17 Options: A. holding that hearing officer had no obligation under 38 cfr 3103c2 to advise appellant as to physicians statement because that statement would not have helped prove the claim that is that statement would not have provided a nexus with the veterans service B. recognizing cause of action for wrongful death C. holding physician statement that veterans death may or may not have been averted if medical personnel had been able to intubate him a procedure complicated by his serviceconnected injuries insufficient to well ground claim for service connection for veterans cause of death D. holding a wrongful death action may not be maintained for the death of an unborn child E. holding that action for wrongful death may generally not be maintained where death was selfinflicted

assistant: The best answer is C. holding physician statement that veterans death may or may not have been averted if medical personnel had been able to intubate him a procedure complicated by his serviceconnected injuries insufficient to well ground claim for service connection for veterans cause of death
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the child than the child would have if living with the noncustodial parent.” 15 V.S.A. § 661(a). Despite the ambiguous reference to “maintenance” in the provision’s title, the statute clearly serves the purpose of safeguarding children’s — instead of parents’ — interests, and therefore may be viewed as a component of child support generally. We held in Viskup that the Legislature intended to allow parents to seek establishment of child support post-divorce, even though the parent had not made the request at the time of the original adjudication of divorce and child custody. See 150 Vt. at 211,552 A.2d at 402. We now hold that the Legislature intended the same principle to apply to maintenance supplements under § 661. See Emmons v. Emmons, 141 Vt. 508, 512, 450 A.2d 1113, 1115 (1982) (<HOLDING>). Where, however, a party seeks establishment Options: A. holding that statutes dealing with same subject matter should be construed with reference to each other as parts of one system B. holding that a statute should not be construed so as to invalidate other parts of the same statute C. holding that criminal statutes of limitation should be construed in favor of the accused D. holding that all parts of the same statute dealing with the same subject are to be construed together as a whole and individual expressions be accorded only that meaning which other modifying provisions and the clear intent and purpose of the act will permit internal citations omitted E. holding that statutory terms should be construed with reference to their associated words and phrases

assistant: The best answer is A. holding that statutes dealing with same subject matter should be construed with reference to each other as parts of one system
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 rights and obligations of this Agreement will bind and inure to the benefit of any successor of the Company by reorganization, merger or consolidation, or any assignee of all or substantially all of the Company’s business and properties. Neither this Agreement nor any rights hereunder will be assignable or otherwise subject to hypothecation by the Executive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: she brought a motion to seal the records of that misdemeanor conviction pursuant to ORS 137.225. The trial court’s order sealed some records but excluded others from being sealed. The defendant appealed from that order. On appeal, the court first concluded that the appeal provisions of ORS chapter 138 did not apply because the statutory proceeding was intended to serve a rehabilitative function — the “antithesis of the original criminal conviction.” K.P., 324 Or at 6-7. Thus, the defendant in K.P. had no ability to appeal the order under chapter 138, even though she had been convicted. Moreover, her motion to seal the records did not affect the merits of the criminal proceeding, nor did it disrupt or revive the criminal proceedings. Cf. State v. Endsley, 214 Or 537, 331 P2d 338 (1958) (<HOLDING>) This case is more like K.P. than it is like Options: A. holding that before denying petition trial court must conduct an evidentiary hearing and state specific reasons for denying the petition B. holding that the petition was not properly denied where the trial courts stated reason for denying the petition was that the defendant was afforded a break in the criminal justice system because he received a withhold of adjudication and early termination of probation C. holding that untimely petition for postconviction petition divests trial court of jurisdiction D. holding that an appeal denying a petition for what was essentially a petition for a new trial to reopen the criminal process was not separately appealable 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 D. holding that an appeal denying a petition for what was essentially a petition for a new trial to reopen the criminal process was not separately appealable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you believe any content submitted to our services violates the community guidelines , or if you know or suspect that someone is misusing your user-generated content , please report it to the customer support team .

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: is dangerous; 3. That the Former Wife is in a position to provide financial support for the parties minor child; 4. It is therefore ORDERED AND ADJUDGED that the Former Wife is ordered to pay child support in the amount of $209.00 per month to the Former Husband ...; ORDERED AND ADJUDGED that the Former Wife should have standard visitation in accordance with the Standard Visitation Schedule which is attached hereto and incorporated herein by reference. ORDERED AND ADJUDGED this 23rd day of Aug., 2001. While the supplemental final judgment does not expressly designate Mr. Clark the child’s primary residential parent, it does so implicitly in that it orders Ms. Clark to pay child support and grants her visitation rights. See Langford v. Ortiz, 654 So.2d 1237, 1238 (Fla. 2d DCA 1995) (<HOLDING>). Even a temporary award of custody, moreover, Options: A. holding that the lower court should have entered a final order on custody B. holding that the automatic stay applies to the debt ors appeal of an order entered in action brought against the debtor in the lower court C. holding order awarding father temporary partial custody prior to custody hearing was not final and appealable under rule 341 D. holding that the district courts order dismissing the pendent statelaw claims should have been entered without prejudice E. holding that a final order of removal is sufficient by itself to establish the requisite custody

assistant: The best answer is A. holding that the lower court should have entered a final order on custody
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the applicable Issuing Bank or the Lenders, such Issuing Bank hereby grants to each Lender, and each such Lender hereby acquires from such Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each such Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the applicable Issuing Bank, such Lender’s Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit (provided that such Letter of Credit shall expire no later than the date set forth in paragraph (c) of this Section), or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for the security interest granted to the Administrative Agent for the benefit of the Secured Parties pursuant to this Agreement and Permitted Liens, such Pledgor owns and has rights and, as to Pledged Collateral acquired by it from time to time after the date hereof, will own and have rights in each item of Pledged Collateral pledged by it hereunder, free and clear of any and all claims or Liens of others. In addition, no Liens or claims exist on the Securities Collateral, other than as permitted by the Loan Documents.

assistant: Titles