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 in the interest of justice, transfer [the] action or appeal to any other such court in which the action or appeal could have been brought at the time it was filed.” Id. 22 Title 28 U.S.C. § 1491(a)(1) provides in pertinent part, “[t]he United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States founded ... upon any express or implied contract with the United States.” Id. Plaintiff argues that 28 U.S.C. § 1491(a)(1) confers jurisdiction over its claims, as they arise from the escrow agreement concluded by the parties. Pl.’s Opp’n at 10. 23 There is additional support for this conclusion in a previous decision by the United States Court of Federal Claims. See Macrotel Int’l Corp. v. United States, 34 Fed. Cl. 98, 99 (1995) (<HOLDING>). 24 Title 19 U.S.C. § 1514(a) lists those Options: A. holding that the united states court of federal claims lacks jurisdiction over claims sounding in tort including fraud B. recognizing federal constitutional claim against the united states C. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute D. holding that because it fell within the exclusive jurisdiction of the united states court of international trade the united states court of federal claims lacked jurisdiction over a matter that was protested or protestable E. holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states

assistant: The best answer is D. holding that because it fell within the exclusive jurisdiction of the united states court of international trade the united states court of federal claims lacked jurisdiction over a matter that was protested or protestable
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: ¶28 The majority’s refusal to apply the civil rules to a civil “special proceeding” where the civil rules conflict with ANY statute is certainly a novel application of CR 81. We have never held the civil rules inapplicable under CR 81 because of a conflict with an unrelated statute of general applicability. Instead, we have held the rules inapplicable only where the civil rules conflict with the procedures specifically outlined in the statute governing the special proceeding. f 29 This means “[t]he matters before us turn on whether [the civil rule] is inconsistent with provisions for special proceedings under chapter 71.09 RCW.” In re Det. of Williams, 147 Wn.2d 476, 489, 55 P.3d 597 (2002); see also In re Det. of Petersen, 145 Wn.2d 789, 801, 42 P.3d 952 (2002) (comparin 1204 (1999) (<HOLDING>). ¶32 Even where the accused’s protections stem Options: A. holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal B. holding because the svp is civil the accused has no constitutional right to counsel C. holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection D. holding because the svp statute is civil the accused has no right to confront witnesses E. recognizing constitutional right to effective counsel

assistant: The best answer is B. holding because the svp is civil the accused has no constitutional right to counsel
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: the aaa rules and other information about aaa and arbitration are readily available at http://www.adr.org , by calling +1 800 778 7879 or by post to 120 broadway , floor 21 , new york , ny 10271 , usa .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The spread between Pre-ASC 815 (formerly referred to as SFAS 133), Pre AHP adjusted return available for Class B Common Stock (weighted by the amount Class B Common Stock outstanding each day) and the average daily Overnight Federal funds effective rate (Fed Effective).

assistant: Definitions
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: Notwithstanding anything in this Agreement to the contrary, Article VIII and Section 15.3 shall survive the termination or expiration of this Agreement and the dissolution, winding up and termination of the Company.

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

user: The Recipient's obligations under this Agreement do not apply to, and the term Confidential Information does not include, any information to the extent to which the Recipient can prove to the Disclosers’ reasonable satisfaction has been agreed by the Disclosers in writing as being excluded from Confidential Information. The Recipient shall not be in breach of its obligations under this Agreement to the extent that any Confidential Information received by it may be required by law or regulation having force of law; or the rules of any court or other body of competent jurisdiction; or any governmental body to be disclosed, provided in each case the Recipient, to the extent permitted by the foregoing requirement, immediately notifies the Disclosers in writing of any request or requirement for disclosure and of all relevant surrounding circumstances prior to disclosure and takes into account any representations made by the Disclosers in relation to the disclosure.

assistant: No
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by Applicable Law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver by the Lender of any of its rights or remedies in connection with the Loan Documents shall be effective unless such waiver is in writing and signed by the Lender. The Lender’s rights and remedies under this Agreement are cumulative with and in addition to any and all other legal and equitable rights and remedies which the Lender may have in connection with the Loans.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the agreement to arbitrate is found not to apply to you or your claim , you agree to the exclusive jurisdiction of the state and federal courts in san francisco county , california to resolve your claim .

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 legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrower shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at a lower loss calculation than the government believed was appropriate. Although the government was able to secure base offense levels for each defendant consistent with its wishes, it nevertheless decided to pursue departures. We conclude that the appellants were not prejudiced by the government’s “broken promise.” After all, Akindele and Lawal did not learn that the district court would accept the government’s loss calculations until during the sentencing hearing. Faced with that uncertainty, the departure issue could and should have been thoroughly researched beforehand. The (albeit conditional) notice provided by the government contained all the information necessary for Akindele and La-wal to prepare and respond effectively. See Burns, 501 U.S. at 138-39, 111 S.Ct. at 2187 (<HOLDING>) (footnote omitted). The appellants correctly Options: A. holding that notice must state the specific grounds for the departure B. holding that the governments representations to the court that it was not seeking an upward departure suggested it had not breached the plea agreement C. holding that the requisite notice must specifically identify the ground on which the district court is contemplating an upward departure D. holding that district courts error was not harmless because the court relied on an improper factor in imposing an upward departure E. holding that the district court violated fedrcrimp 32 by departing upward in sentence without notice and the psr identified no grounds for departure

assistant: The best answer is C. holding that the requisite notice must specifically identify the ground on which the district court is contemplating an upward departure
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: ” United States v. Woolfolk, 197 F.3d 900, 905 (7th Cir.1999), quoting United States v. Kamel, 965 F.2d 484, 490 (7th Cir.1992). The United States Court of Appeals for the Seventh Circuit has explained: To receive a new trial based on newly discovered evidence, the defendant must demonstrate that the evidence (1) came to their knowledge only after trial; (2) could not have been discovered sooner had due diligence been exercised; (3) is material and not merely impeaching or cumulative; and (4) would probably lead to an acquittal in the event of a retrial. Woolfolk, 197 F.3d at 905. However, when the basis for a new trial is newly discovered evidence that the trial judge has had improper contact with a juror or jurors, the test is somewhat different because “[a]ny ex 321 (4th Cir.1995)(<HOLDING>). The moving defendant must meet this burden by Options: A. holding that the moving party for summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact for trial B. holding that the defendant bears the initial burden of demonstrating that the improper juror contact occurred and only if the contact is established must the government demonstrate absence of prejudice C. holding that the defendant bears the burden of demonstrating that the action should be transferred D. holding that an appellant bears the burden of demonstrating error on appeal E. holding that the defendant bears the burden of proving outside contact with the jury

assistant: The best answer is B. holding that the defendant bears the initial burden of demonstrating that the improper juror contact occurred and only if the contact is established must the government demonstrate absence of prejudice
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: When this circumstance arises, the appellate courts of New Mexico resort to the three-part test outlined in Lovato and Chouinard to determine whether a defendant’s due process rights have been violated. Finally, the third circumstance arises when the State fails to collect evidence from the crime scene in the first place. Usually, the failure to gather evidence is not the same as the failure to preserve evidence, and that the State generally has no duty to collect particular evidence at the crime scene. See Steffes, 500 N.W.2d at 612; March v. State, 859 P.2d 714, 716 (Alaska Ct.App.1993) (the State’s duty to preserve evidence attaches at the time the State has gathered and taken possession of the evidence); State v. Rivera, 152 Ariz. 507, 733 P.2d 1090, 1094 (Ariz.1987) (en banc) (<HOLDING>); People v. Ventura, 174 Cal.App.3d 784, 220 Options: A. holding that police officers have no affirmative duty to search out favorable evidence for the defendant B. holding defendant was improperly denied potentially exculpatory evidence C. holding that the state has no affirmative duty to seek out and gain possession of potentially exculpatory evidence D. holding the government has an affirmative duty to disclose exculpatory evidence to a criminal defendant E. holding prosecutor has affirmative duty to disclose material exculpatory evidence

assistant: The best answer is C. holding that the state has no affirmative duty to seek out and gain possession of potentially exculpatory evidence
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 frivolous because the Court has yet to resolve the question of immunity in the first instance. See, e.g., Apostol, 870 F.2d at 1339 (“a notice of appeal may be so baseless that it does not invoke appellate jurisdiction ... [where] the district judge has not finally resolved the question of immunity”). B. Limited Jurisdictional Discovery Does Not Infringe on Sovereign Immunity The Country of Curacao and the Kingdom of the Netherlands contend that any discovery, including limited jurisdictional discovery, infringes on their presumptive sovereign immunity. (DE # 216, at 3). Generally, sovereign immunity shields defendants not only from judgment, but from the litigation process, including discovery. See, e.g., Rubin v. The Islamic Republic of Iran, 637 F.3d 783, 785 (7th Cir.2011) (<HOLDING>). The instant situation, however, is an Options: A. holding district courts order permitting general asset discovery prior to ruling on alleged exception to the fsia infringed on sovereign immunity B. holding that licensing the exploitation of natural resources is a sovereign activity under the fsia C. recognizing the need for limited jurisdictional discovery to establish exception to the fsia D. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law E. holding district courts order postponing ruling on defendants qualified immunity defense was immediately appealable

assistant: The best answer is A. holding district courts order permitting general asset discovery prior to ruling on alleged exception to the fsia infringed on sovereign immunity
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 may withhold distributions or portions thereof if it is required to do so by any applicable rule, regulation, or law, and each Member hereby authorizes the Company to withhold from or pay on behalf of or with respect to such Member any amount of federal, state, local or foreign taxes that the Managing Member determines that the Company is required to withhold or pay with respect to any amount distributable or allocable to such Member pursuant to this Agreement. Any amounts withheld pursuant to this Section 6.2 will be treated as having been distributed to such Member. To the extent that the cumulative amount of such withholding for any period exceeds the distributions to which such Member is entitled for such period, the amount of such excess will be considered a loan from the Company to such Member, with interest accruing at the Default Rate or the amount of such excess will be promptly paid to the Company by the Member on whose behalf such withholding is required to be made. Any income from any deemed loan will not be allocated to or distributed to the Member requiring such loan. Such loan may, at the option of the Managing Member, be satisfied out of distributions to which such Member would otherwise be subsequently entitled. Each Member hereby agrees to indemnify and hold harmless the Company, the other Members and the Managing Member from and against any liability (including, without limitation, any liability for taxes, penalties, additions to tax or interest) with respect to income attributable to or distributions or other payments to such Member.

assistant: 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: be used to impersonate any person , or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us , if this is not the case ; or

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: Any dispute, controversy, claim or action of any kind arising out of, relating to, or in connection with this Agreement, or in any way involving Company and Investor or their respective Affiliates, including any issues of arbitrability, will be resolved solely by final and binding arbitration in English before a retired judge at JAMS International, or its successor, in the Territory of the Virgin Islands, pursuant to the most expedited and Streamlined Arbitration Rules and procedures available. Any interim or final award may be entered and enforced by any court of competent jurisdiction. The final award will include the prevailing party’s reasonable arbitration, expert witness and attorney fees, costs and expenses. Notwithstanding the foregoing, Investor may in its sole discretion bring an action in Nevada District Court or the U.S. District Court for the District of Nevada in addition to, in lieu of, or in aid of arbitration.

assistant: Arbitration
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 the value of the relief sought is us$ 10,000 or less , either of us may elect to have the arbitration conducted by telephone or based solely on written submissions , which election shall be binding on us subject to the arbitrator 's discretion to require an in-person hearing .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is subject in all respects to the terms of the Plan. Terms used herein which are defined in the Plan shall have the respective meanings ascribed to such terms in the Plan, unless otherwise defined herein. In the event that any provision of this Agreement is inconsistent with the terms of the Plan, the terms of the Plan shall govern. Any question of administration or interpretation arising under this Agreement shall be determined by the Committee, and such determination shall be final and conclusive upon all parties in interest.

assistant: Interpretations
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: 11.3 youtube may at any time terminate its legal agreement with you if : a.you have breached any provision of the terms ( or have acted in manner which clearly shows that you do not intend to , or are unable to comply with the provisions of the terms ) ; or b. youtube is required to do so by law ( for example , where the provision of the service to you is , or becomes , unlawful ) ; or

assistant: Unilateral termination
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: 364 U.S. 299 81 S.Ct. 268 5 L.Ed.2d 90 DAYTON RUBBER COMPANY, petitioner,v.CORDOVAN ASSOCIATES, INCORPORATED. No. 324. Supreme Court of the United States October 24, 1960 Philip C. Ebeling and James E. Corkey, for petitioner. Richard W. Galiher, for respondent. PER CURIAM. 1 On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Petition for writ of certiorari granted. On writ of certiorari, judgment vacated and case remanded for consideration in light of Commissioner of Internal Revenue v. Duberstein, 363 U.S. 278, 291, 80 S.Ct. 1190, 4 L.Ed.2d 1218. 2 Mr. Justice BLACK dissents.

assistant: 12
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: addiction to cigarettes that contain nicotine, and that the “cut-off’ date for class inclusion was November 21, 1996. In considering whether certain putative class representatives qualified as class members, the supreme court, looking to the plain language of the trial court’s revised class description, held that the “critical event [to qualify for Engle class membership] is not when an illness was actually diagnosed by a physician, but when the disease or condition first manifested itself.” Engle III, 945 So.2d at 1276. We believe it necessarily follows that inclusion in the Engle class requires Florida residence or citizenship when the disease or condition first manifests itself, not at the time of death. See Rearick v. R.J. Reynolds Tobacco Co., 68 So.3d 944, 945 (Fla. 3d DCA 2011) (<HOLDING>). Appellees argue that Rearick is Options: A. holding qualification for membership in engle class requires plaintiff to show that decedent was florida resident at time of medical diagnosis of smokingrelated disease or at time evidence of causal relationship of cause of action had otherwise manifested itself B. holding that engle established the conduct elements of a fraudulent concealment cause of action C. holding that cause of action for asbestosis accrues upon discovery of disease not at time of exposure to asbestos D. holding that where no member of present plaintiff class had cause of action at time prior judgment was entered claim cannot be barred by res judicata E. holding that a cause of action for breach of contract accrues at the time of the breach

assistant: The best answer is A. holding qualification for membership in engle class requires plaintiff to show that decedent was florida resident at time of medical diagnosis of smokingrelated disease or at time evidence of causal relationship of cause of action had otherwise manifested itself
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall pay (or cause to be paid) the fees payable to the L/C Tranche Lenders and the Issuing Lenders, as applicable, set forth in the L/C Fee Letter. Notwithstanding any inconsistent provision of this Agreement or the L/C Fee Letter, (x) at the option of the Company and upon notice to the Administrative Agent, all fees payable to any Issuing Lender may, with the consent of such Issuing Lender, be paid in Dollars (regardless of the currency of such Letter of Credit) and (y) unless (i) the Company or such Applicable Account Party gives notice to the Administrative Agent that it has paid such fees by 2:00 P.M., New York City time, on the date required pursuant to the L/C Fee Letter or notifies the Administrative Agent that it does not wish to have such obligation paid with the proceeds of an ABR Loan by such time, or (ii) the Administrative Agent has actual knowledge that the conditions precedent to an ABR Loan to be made on such date which are contained in Section 5.2 have not been satisfied or waived, the Company or such Applicable Account Party shall be deemed to have requested that the L/C Tranche Lenders make an ABR Loan on the date such fees are due pursuant to the terms of the L/C Fee Letter in an aggregate principal amount equal to the amount of the related obligation, and such ABR Loan shall be made on such date. If an ABR Loan is deemed to have been requested as aforesaid, such obligation shall be paid with the proceeds of such Loan and no Default or Event of Default shall exist or be continuing in respect thereof. Notwithstanding the last sentence of Section 2.8, the proceeds of such ABR Loan shall be made available to the relevant Issuing Lender or L/C Tranche Lenders, as applicable (and not to the Company or such Applicable Account Party) to the account specified by such Issuing Lender or L/C Tranche Lenders, as applicable, in like funds as received by the Administrative Agent, and, to the extent any such fees are owing to an Issuing Lender or the L/C Tranche Lenders, the Issuing Lender or each of the L/C Tranche Lenders, as applicable, may credit its L/C Tranche Percentage of such ABR Loan to the relevant obligation in lieu of funding such amount to the Administrative Agent.

assistant: Fees
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 indigent parents in termination proceedings embodies a due process right that counsel render effective assistance.” The Supreme Court of Texas has also provided that “because Texas provides the right of an appeal from a judgment on parental-rights termination, part of the process of ensuring the accuracy of judgments necessarily involves appellate review.” Finally, we note that, unlike their counterparts in criminal cases, for whom the legislature has specifically provided an avenue of adequate relief through a writ of habeas corpus if trial counsel was i Worth 2004, no pet.) (providing appellants did not waive claims raising ineffective assistance of counsel by not including them in statement of points); In re S.J.G., 124 S.W.3d 237, 243 (Tex.App.-Fort Worth 2003, pet. denied) (<HOLDING>); In re 111 S.W.3d 707, 712 (Tex.App.-Fort Options: A. holding statement of points in notice of appeal sufficient B. holding failure to timely file statement of points does not forfeit issues on appeal C. holding failure to raise issue in statement of points does not forfeit it on appeal D. holding an argument to be waived for inadequate briefing and failure to raise the issue in the statement of points on appeal E. holding failure to file statement of points is no bar to appeal

assistant: The best answer is E. holding failure to file statement of points is no bar to appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: trial, we review the district court’s decision for plain error. See United States v. Cooke, 110 F.3d 1288, 1293 (7th Cir.1997). Muhammad must therefore prove that the district court erred in admitting Agent Denny’s testimony and that the error was “so egregious as to constitute a miscarriage of justice,” United States v. Beltran, 109 F.3d 365, 370 n. 1 (7th Cir.1997). See United States v. Schaefer, 107 F.3d 1280, 1286 (7th Cir.1997). We find that the district court committed no error, plain or otherwise, in permitting Agent Denny to testify about Muhammad’s statements and in refusing to order the Government to disclose Agent Gandolfo’s interview notes. First of all, Agent Denny’s testimony was not inadmissible hearsay because she used the FBI 302 report merely to re -75 (7th Cir.1982) (<HOLDING>). The district court reviewed Agent Gandolfo’s Options: A. holding that the defendants prior conviction referenced in his presentence report could be taken as admitted because he had made no objection to the facts in his report B. holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel C. holding defendants statement that presentence report was correct did not constitute admission to the nature and cireumstances of the crime reflected in the report D. holding that causation section of expert medical report was not eonclusory when read in context of entire report E. holding that the defendants right of confrontation was not abridged where an agent discarded a handwritten draft of a report after the report had been typed

assistant: The best answer is E. holding that the defendants right of confrontation was not abridged where an agent discarded a handwritten draft of a report after the report had been typed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: At all times, both during my employment and after its termination, I will keep and hold all such Proprietary Information in strict confidence and trust. I will not use or disclose any Proprietary Information without the prior written consent of the Company, except as may be necessary to perform my duties as an employee of the Company for the benefit of the Company. I understand that nothing in this Agreement prohibits me communicating with, or responding to any inquiry from, or providing testimony before, any state or federal regulatory agencies with regard to such information without first obtaining permission from the Company. However, I agree to notify such agency of the confidential nature of the information provided and request that necessary steps be taken to maintain its confidentiality. Upon termination of my employment with the Company, I will promptly deliver to the Company all documents and materials of any nature pertaining to my work with the Company and, upon Company request, will execute a document confirming my agreement to honor my responsibilities contained in this Agreement. I will not take with me or retain any documents or materials or copies thereof containing any Proprietary Information.

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: There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) except as specifically disclosed in the SEC Reports, could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (including the attachments) contains the entire and exclusive agreement between the Parties with respect to the subject matter hereof and supersedes and renders void all previous agreements, negotiations and representations between the Parties, whether written or oral. The terms of this Agreement may not be amended, contradicted, explained or supplanted by any usage of trade, course of dealing or course of performance.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement, the CIC Agreement, and any agreements concerning stock options, restricted stock, restricted stock units or other benefits, embody the complete agreement of the parties hereto with respect to the subject matter hereof and supersede any prior written, or prior or contemporaneous oral, understandings or agreements between the parties that may have related in any way to the subject matter hereof. This Agreement may be amended only in writing executed by the Company and Executive.

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: 40 (1983)). The result obtained governs the determination of which party prevailed, and “the fairest test to determine who is the prevailing party is to allow the tria 45-46 (Fla.Dist.Ct.App.2011) (“[Ajppel-lant was entitled to attorney’s fees as the prevailing party in the case.... Like Val-carcel, the dismissal in this case was not an adjudication on the merits, since it was a dismissal without prejudice. Under Val-carcel, however, a defendant may ‘prevail’ even where the case is not dismissed on the merits. The fact that the trial court dismissed the case without prejudice was sufficient to trigger appellant’s entitlement to attorney’s fees as the prevailing party under the rental contract.”); Baratta v. Valley Oak Homeowners’ Ass’n, 891 So.2d 1063, 1065 (Fla.Dist.Ct.App.2004) (<HOLDING>); see also Alhambra Homeowners Ass’n, Inc. v. Options: A. holding that the plaintiffs were not prevailing parties entitled to attorneys fees for successfully securing a remand of the attorneys fees issue because the ruling was unrelated to the merits of the plaintiffs claim and the issue was not significant nor a benefit the plaintiffs sought in bringing their action B. holding that a defendant homeowners association was the prevailing party for purposes of attorneys fees when a plaintiff homeowners action was dismissed for failure to prosecute C. holding that the defendant became the prevailing party and thus properly claimed attorneys fees when the plaintiffs claim was involuntarily dismissed for failure to prosecute D. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees E. holding that a defendant is the prevailing party within the meaning of statutory provisions awarding attorneys fees to the prevailing party even when the plaintiff voluntarily dismisses the action

assistant: The best answer is C. holding that the defendant became the prevailing party and thus properly claimed attorneys fees when the plaintiffs claim was involuntarily dismissed for failure to prosecute
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: (i) The Participant will not at any time (whether during or after the Participant’s Employment with the Company) (x) retain or use for the benefit, purposes or account of the Participant or any other person; or (y) disclose, divulge, reveal, communicate, share, transfer or provide access to any person outside the Company (other than its professional advisers who are bound by confidentiality obligations), any non-public, proprietary or confidential information –including without limitation trade secrets, know-how, research and development, software, databases, inventions, processes, formulae, technology, designs and other intellectual property, information concerning finances, investments, profits, pricing, costs, products, services, vendors, customers, clients, partners, investors, personnel, compensation, recruiting, training, advertising, sales, marketing, promotions, government and regulatory activities and approvals – concerning the past, current or future business, activities and operations of the Company, its Subsidiaries or Affiliates and/or any third party that has disclosed or provided any of same to the Company on a confidential basis (“ Confidential Information ”) without the prior written authorization of the Board or the Chief Executive Officer of the Company.

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: THIS AGREEMENT SHALL BE ENFORCED, GOVERNED AND CONSTRUED IN ALL RESPECTS IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAWS PRINCIPLES.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: not in violation of contractual restrictions or other parties ' rights , and that you have permission from any other party whose personal or other information or intellectual property is contained within the user content ;

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: on manufacturers to recall and/or retrofit a defective product because the overwhelming majority of other jurisdictions have rejected such an obligation. See, e.g., Tabieros v. Clark Equip. Co., 85 Hawaii 336, 944 P.2d 1279, 1298-1300 (Haw.1997) (citing cases and stating that “virtually every court that has confronted the issue head-on” has rejected this duty); see also Burke v. Deere & Co., 6 F.3d 497, 508 n. 16 (8th Cir.1993) (restating that no such duty exists under Iowa law), cert. denied, 510 U.S. 1115, 114 S.Ct. 1063, 127 L.Ed.2d 383 (1994); Wallace v. Dorsey Trailers Southeast, Inc., 849 F.2d 341, 344 (8th Cir.1988) (affirming district court’s conclusion that Missouri does not recognize a duty to retrofit); Gregory v. Cincinnati Inc., 450 Mich. 1, 538 N.W.2d 325, 333 (Mich.1995) (<HOLDING>). Thus, plaintiffs negligence claims are Options: A. holding where there is no duty to defend there is no duty to indemnify B. holding that insurer had a continuing duty to defend C. holding there is no continuing duty to repair or recall D. holding that there was no basis for continuing an appeal in light of 317b E. holding that defendants intentional acts to infringe plaintiffs trademark supported district courts recall order

assistant: The best answer is C. holding there is no continuing duty to repair or recall
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and permitted assigns. As used herein, the singular number includes the plural and the masculine gender includes the feminine and neuter.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 450 U.S. 381 101 S.Ct. 1495 67 L.Ed.2d 311 Sidney A. DIAMOND, Commissioner of Patents and Trademarks, petitioner,v.John J. BRADLEY and Benjamin S. Franklin No. 79-855 Supreme Court of the United States March 9, 1981 On writ of certiorari to the United States Court of Customs and Patent Appeals. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 THE CHIEF JUSTICE took no part in the consideration or decision of this case.

assistant: 8
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 constitutes and contains the entire agreement and final understanding between the parties concerning the Executive’s employment with the Company and the related subject matters addressed in this Agreement. It supersedes and replaces all prior negotiations and all agreements, written or oral, concerning the Executive’s employment by the Company and such other subject matters. Any prior negotiations, correspondence, agreements, proposals or understandings relating to any such matter shall be deemed to have been merged into this Agreement, and to the extent inconsistent herewith, such negotiations, correspondence, agreements, proposals, or understandings shall be deemed to be of no force or effect. There are no representations, warranties, or agreements, whether express or implied, or oral or written, with respect to the subject matter hereof, except as expressly set forth herein.

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 legal provision and list the applicable contract clause categories. Provision: The continued accuracy in all material respects of the aforesaid representations and warranties is a condition precedent to Buyer's obligation to close. If any of said representations and warranties are not correct in all respects at the time the same is made or as of Closing and Seller had no knowledge of such inaccuracy when the representation or warranty was made (or when deemed remade at Closing) or if such warranty or representation becomes inaccurate on or prior to Closing other than by reason of Seller's default hereunder, Buyer may, upon being notified in writing by Seller of such occurrence on or prior to Closing, either: (a) terminate this Agreement and Escrow pursuant to the provisions of Section 8.5(a) hereof; or (b) waive such matter and proceed to Closing. If any of said representations and warranties are not correct in all respects at the time the same is made or as of Closing, and Seller had knowledge of such inaccuracy when the representation or warranty was made, or by its default hereunder caused the representation or warranty to be inaccurate when deemed remade at Closing, Buyer may either: (i) terminate this Agreement pursuant to the provisions of Section 8.6(a) ; or (ii) waive such matter and proceed to Closing.

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

user: (a) All Confidential Information is and shall remain the property of Disclosing Party. By disclosing Confidential information to Receiving Party, Disclosing Party does not grant any express or implied right to Receiving Party to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we reserve the right , at your expense , to assume the exclusive defense and control of any matter for which you are required to indemnify us under the terms , and you agree to cooperate with our defense of these claims .

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: All notices demands, requests, consents, approvals, or other communication given under this Warrant, unless otherwise provided herein, such notice shall be given and served in accordance with Paragraph 14 of the Loan Agreement.

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: "Confidential Information" of a disclosing party ("Discloser") means the following, regardless of its form and including copies made by the receiving party ("Recipient"), whether the Recipient becomes aware of it before or after the date of this Agreement: In consideration of each party disclosing its Confidential Information to the other party for the Purpose, the Recipient must ensure that Confidential Information is:  not reproduced in any form except as required for the purpose.

assistant: No