flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive commits a breach or threatens to breach any of the provisions of Section 5.1 or 5.2 hereof, the Company shall have the right to seek to have the provisions of this Agreement specifically enforced by injunction or otherwise by any court having jurisdiction, it being acknowledged and agreed that any such breach may cause irreparable injury to the Company in addition to money damage and that money damages alone may not provide a complete or adequate remedy to the Company, it being further agreed that such rights and remedies shall be in addition to, and not in lieu of, any other rights and remedies available to the Company under law or in equity.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to exhaust administrative remedies and deprives this court of jurisdiction to consider the issue.”). Although his brief to the BIA was not a model of clarity, Martinez sufficiently raised the issue by pointing out that he had testified before the IJ that the guerillas persecuted him because of their interest in his cousin and his resemblance to his cousin and by stating repeatedly that he and his family suffered persecution by guerillas. Martinez gave no indication in his notice of appeal or brief to the BIA that he intended to limit in any way his claim of persecution as he had asserted it before the IJ and, instead, challenged generally the IJ's decision finding that he had not established a well-founded fear of persecution. See Ladha v. INS, 215 F.3d 889, 901 n. 13 (9th Cir.2000) Options: A. holding political persecution claim administratively exhausted by applicants raising of the issue before the ij and general challenge of the ijs determination in his brief to the bia B. holding that petitioner had exhausted his claim by explicitly mentioning in his brief to the bia that he was requesting reversal of the ijs denial of relief under the convention against torture C. holding that failure to include an issue in statement of issues did not bar the appellant from raising the issue in its opening brief D. holding that in light of an applicants omission of various relevant facts from his asylum application substantial evidence supported the ijs adverse credibility determination E. holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte

assistant: The best answer is A. holding political persecution claim administratively exhausted by applicants raising of the issue before the ij and general challenge of the ijs determination in his brief to the bia
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 take effect on the Effective Date and shall continue in effect until the second anniversary of the Effective Date. On the first anniversary of the Effective Date and on each annual anniversary thereafter (each an “Anniversary Date”) this Agreement shall automatically renew for an additional year, such that this Agreement shall terminate twenty-four (24) months thereafter (each renewal term shall constitute a “Term”) unless at least (30) days prior to such Anniversary Date the Boards of Directors of the Company and the Bank issue a non-renewal notice to the Executive that this Agreement shall expire at the end of the Term. Notwithstanding the foregoing, in the event that the Company enters into an agreement to effect a transaction which would be considered a Change in Control hereunder, this Agreement shall continue and shall terminate on the second annual Anniversary Date following the effective date of the Change in Control, unless earlier terminated in accordance with the next sentence. Notwithstanding anything to the contrary herein, this Agreement shall also terminate upon the earliest of (a) the termination by the Employers of the employment of the Executive for Cause or the failure by the Executive to perform the Executive’s full-time duties with the Employers by reason of the Executive’s death or Disability, (b) the resignation or termination of the Executive’s employment for any reason prior to a Change in Control, or (c) the termination of the Executive’s employment with the Employers after a Change in Control for any reason other than the occurrence of a Terminating Event. In the event of the termination of this Agreement prior to the completion by the Employers of all payments due to the Executive hereunder, the Employers shall continue such payments to the Executive until paid in full.

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: Buyer shall use commercially reasonable efforts to integrate the Company’s Business with Buyer’s operations. Buyer and Founders shall mutually determine (subject to and based upon the Governance Plan) whether to place new business in or with Buyer’s or Company’s locations, employees and/or personnel, based in part on cost information from Buyer provided at that time, including information on Buyer’s available seat capacity and associated lease costs, human resource recruitment fees, and other relevant factors; provided however that it is agreed that Founders shall have authority to make reasonable, good faith determinations with respect to the Company’s Philippines’ locations, and make reasonable, good faith delivery decisions for the Company’s current and new clients in the Philippines (but not the existing or new clients of Buyer or its other Affiliates), subject to Founders’ compliance with Buyer’s policies and procedures for budget and procurement approvals for all operating and capital expenses and compliance with applicable Laws and Buyer’s other policies and procedures. Neither Founders, nor Buyer nor Company shall take any action, nor shall Buyer or Company require Founders to take actions on behalf of the Company, which are reasonably likely to result in a material adverse impact on Adjusted Normalized EBITDA. Buyer and Founders shall mutually determine, subject to and based on the Governance Plan, which business the Company shall accept during the Interim Period (or until either Founder is no longer employed by the Company if earlier).

assistant: Integration
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 provision of this Agreement is held by a court of competent jurisdiction to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. This Agreement is intended to satisfy the requirements for nonqualified deferred compensation plans set forth in Section 409A of the Code, and it shall be interpreted, administered and construed consistent with said intent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: As established above, the factual and legal circumstances surrounding the execution of the release instrument establish that the parties did not advert to a future wrongful death action in executing the instrument. Moreover, there is no language in the instrument indicating that the parties intended to settle anything other than claims arising out of Buel Brown’s personal injuries. While on this factor, we address Defendants’ related contention that under LSA-C.C. Art. 3083, an all-encompassing, general release of “all differences” between the parties — as Defendants characterize the release instrument here — covers all claims, even ones that the parties were not thinking about. See Fidelity & Deposit Co. of Maryland v. Cloy Constr. Co., 425 So.2d 887, 892 (La.App. 1st Cir.1983) (<HOLDING>). The jurisprudence construing LSA-C.C. Art. Options: A. holding that the law of the state of incorporation applies B. holding that lsacc art 3083 applies to a compromise of all differences and lsacc art 3073 applies to a compromise of limited scope C. holding that the moving party must show prior art references which alone or combined with other references would have rendered the invention obvious to one of ordinary skill in the art at the time of the invention D. holding that 1447c applies to counsel E. holding that emtala applies to any and all patients

assistant: The best answer is B. holding that lsacc art 3083 applies to a compromise of all differences and lsacc art 3073 applies to a compromise of limited scope
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 interpreted in accordance with the laws of the State of Delaware, without reference to any conflict of laws provisions thereof, except where governed by the Bankruptcy Code. Each of the parties hereto irrevocably and unconditionally submits, for itself and its properties, to the exclusive jurisdiction of the Bankruptcy Court, in any action or proceeding arising out of or relating to this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: See Utah Code Ann, § 80-8-83(9) (LexisNex-is 2018) (allowing the court to "make alterations in the parent-time schedule to reasonably accommodate the distance between the parties"). Thus, the district court did not err when it failed to require a showing of material change in circumstances to alter the parties' parent-time arrangement,. {12 We next decide whether the district court abused its discretion in concluding that exercising standard parent-time with Mother at her home in Moab was in the children's best interests. {13 The Utah Supreme Court has long recognized that "[t]rial courts have continuing jurisdiction to consider motions to modify dealing with ... visitation rights." Kallas v. Kallas, 614 P.2d 641, 645 (Utah 1980); see also Utah Code Ann. § 30-3-5(3) (LexisNexis 2013) (<HOLDING>). We also note that it "is the trial court's Options: A. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child B. holding an unborn child is a child for purposes of prosecuting chemical endangerment of a child C. holding judges and attorneys in eriminal contempt for permitting father to attack collaterally mothers eustody of child through sham child in need of services action D. recognizing a district courts continuing jurisdiction over child eustody and child maintenance determinations E. recognizing continuing harm from defendants knowing possession of child pornography

assistant: The best answer is D. recognizing a district courts continuing jurisdiction over child eustody and child maintenance determinations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements of the Parties set forth in Sections 6.2, 6.5, 6.6, 6.7, 6.8, 6.9.2 and 6.9.3 shall survive the Closing and/or any termination of this Agreement until the Outside Adjustment Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Woolley to public employers, and recently declined an invitation to so do. See Golden v. County of Union, 163 N.J. 420, 431, 749 A.2d 842 (2000) (concluding that public employee’s reliance on Woolley was misplaced in view of statutory language establishing employee’s at-will employment status). See also Walsh v. State, 147 N.J. 595, 689 A.2d 131 (1997) (affirming determination that implied-eontract doctrine should not apply to public employee’s action in view of at-will relationship created by statute). Moreover, in a case involving a county adjuster whose appointment was governed by statute, we did not imply a fixed term of employment or impose one on the public employer. DiPaolo v. Passaic County Bd. of Chosen Freeholders, 322 N.J.Super. 487, 493, 731 A.2d 519 (App.Div.1999) (<HOLDING>), aff'd o.b., 162 N.J. 572, 745 A.2d 540 Options: A. holding that no public policy stated where employee and not public at large would benefit from employees whistleblowing actions B. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public C. holding that the public employment relationship derives from applicable statutory schemes and not from an independent contract between public employer and employee D. holding that an employee handbook did not constitute a valid unilateral contract between the employee and employer in the absence of adequate independent consideration E. holding that the public use exception was not applicable because the injury to the tenants employee occurred in an area of the leased premises that was not open to the public but was used only by employees

assistant: The best answer is C. holding that the public employment relationship derives from applicable statutory schemes and not from an independent contract between public employer and employee
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: Circuit Court of Appeals, see Vestax Sec. Corp. v. McWood, 280 F.3d 1078, 1082 (6th Cir.2002) (following John Hancock and rejecting the notion that NASD Code of Arbitration Procedure requires the defendant-investors be direct customers of the NASD member firm in order to compel arbitration against the member), and a plethora of district courts for the proposition that a customer need not “demonstrate that it dealt directly with the NASD member” in order to compel that member into arbitration. Washington Square Sec., Inc. v. Aune, 253 F.Supp.2d 839, 844 (W.D.N.C.2003) (internal citation omitted). “Rather, the direct dealings with an ‘associated person’ [are] sufficient.” Id. (internal citations omitted); Daugherty v. Washington Square Sec., Inc., 271 F.Supp.2d at 689-90 (W.D.Pa.2003) (<HOLDING>); Multi-Financial Sec. Corp. v. Brown, 2002 WL Options: A. holding that a nasd member is required to arbitrate claims brought by the customer of an associated person B. holding that investors who were customers of an associated person were not customers of a nasd member without evidence of a firsthand customer relationship C. holding that customers of registered representative were customers of memberfirm D. holding that plaintiffs who are customers of a registered representative of a nasd member firm are customers of the nasd member firm for purposes of compelling arbitration E. holding that plaintiff who was iranian is a member of a protected class

assistant: The best answer is D. holding that plaintiffs who are customers of a registered representative of a nasd member firm are customers of the nasd member firm for purposes of compelling 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 case excerpt and choose the best holding from the options. Case excerpt: determination of whether the adoption was in the Children’s best interest. See Id.; In re J.M.S., 83 S.W.3d at 86. It is axiomatic that in adoption cases and termination of parental rights cases, the evidence as to the statutory grounds for adoption without consent or termination of parental rights are also generally relevant to the court’s determination of the child’s best interest and welfare. See In re Adoption of F.C., 274 S.W.3d 478, 483 (Mo.App. S.D.2008) (finding “innumerable factors ... may be considered in determining whether an adoptive placement is in the children’s best interests” and that “the best-interests analysis is very fact-intensive and may turn on very subtle factors.”) (internal quotation and citation omitted); In re C.A.M., 282 S.W.3d 398, 409 (Mo.App. S.D.2009) (<HOLDING>). Thus, the implied consent rule cannot be Options: A. holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable B. holding foreseeability is based on the totality of the circumstances not on a mechanical prior similar incidents rule C. recognizing that district courts finding of reasonable suspicion or probable cause based on the totality of the circumstances is ordinarily accorded deference D. holding reasonable suspicion is based on totality of circumstances E. holding a trial courts bestinterest determination is a subjective assessment based on the totality of circumstances

assistant: The best answer is E. holding a trial courts bestinterest determination is a subjective assessment based on the totality of circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: overcompensates the defendant, at the expense of the deterrence force of the criminal law. Another consequence is that there will be fewer motions of any kind. If filing a motion under § 5K1.1 permits the judge to cut the sentence by three-quarters (as happened here), the prosecutor will insist on a great deal of assistance. Many defendants are unlucky enough to have little of value to offer.... They are now condemned to serve the full authorized sentence, even though a prosecutor possessed of power to differentiate might reward slight aid with a slight reduction. ' We hold that a motion under USSG § 5K1.1 unaccompanied by a motion under 18 U.S.C. § 3553(e) does not authorize a sentencing court to impose a se d.2d 169 (1993); United States v. Valente, 961 F.2d 133, 135 (9th Cir.1992) (<HOLDING>). V. Finally, Melendez argues that the district Options: A. holding that a sentence below a statutory minimum based on the filing of a substantial assistance motion did not eliminate the otherwise applicable mandatory minimum for purposes of sentence modification under 3582c2 B. holding that a motion under 5k11 permitted a downward departure from the guideline range but that the departure could not extend below the statutory minimum sentence absent an additional motion by the government under 3553e C. holding that a defendants substance abuse or addiction does not justify a downward departure D. holding that defendants diminished capacity while grounds for departure from the guidelines sentencing range is not grounds for departure below the minimum sentence set by congress E. holding that defendants aberrant behavior will not justify a departure below a statutory minimum

assistant: The best answer is E. holding that defendants aberrant behavior will not justify a departure below a statutory minimum
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: I find this argument unavailing as well. The language of the condition precedent does not apply to claims that Carrón could or could not make at any given time. Rather, the condition applies to those “claims” that Carrón might make. Brentwood’s subjective belief concerning the likelihood of Carrón filing a lawsuit is irrelevant under the plain language of the condition precedent. As other courts have noted, this language instructs the court to first look at the insured’s subjective knowledge “and then the objective understanding of a reasonable attorney with that knowledge.” Coregis Ins. Co. v. Baratta & Fenerty, Ltd., 264 F.3d 302, 306 (3rd Cir.2001) (emphasis added); see also Wittner, Poger, Rosenblum & Spewak, P.C. v. Bar Plan Mutual Ins. Co., 969 S.W.2d 749, 754 (Mo.1998) (en banc) (<HOLDING>). Brentwood also argues that the exclusion Options: A. holding this statute did not bar insurers denial of coverage for legal malpractice claim because the insured prior to inception date of policy had reason to believe that an act or omission might reasonably be expected to be the basis of a claim B. holding that reinsurer could be directly liable to an insured where the reinsurance agent was the ultimate consistent reimburser of losses of the insured and this status was conveyed to the insured C. holding that the policy language expected or intended by an insured person is unambiguous and requires a subjective intent on behalf of the insured D. holding that regardless of the subjective belief of the insured the record established a basis to believe that the insured had committed an act that could give rise to a claim under the policy E. holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured

assistant: The best answer is D. holding that regardless of the subjective belief of the insured the record established a basis to believe that the insured had committed an act that could give rise to a claim under the policy
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 parties hereto agree to execute and deliver to the other parties hereto any agreement, document or instrument deemed reasonably necessary or desirable to give effect to the transactions described in this Amendment and the Cooperation Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller shall, and shall cause Guarantor to, at all times (i) comply with all contractual obligations, (ii) comply in all respects with all Requirements of Law, (iii) maintain and preserve its legal existence, and (iv) maintain and preserve all of its rights, privileges, licenses and franchises necessary for the operation of its business (including, without limitation, with respect to Seller, all lending licenses held by it and its status as a “qualified transferee” (however denominated) under all documents which govern the Purchased Assets), except, in each case other than clause (iii) above, to the extent that any noncompliance or failure would not be reasonably likely to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts (including facsimile counterparts), all of which together shall constitute a single instrument. Delivery of a copy of this Agreement bearing an original signature by facsimile transmission or by electronic mail shall have the same effect as physical delivery of the paper document bearing the original signature.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. at 314-15, 70 S.Ct. at 657. Service of the motion on a Plaintiffs’ counsel who was relieved from the case is not notice “reasonably calculated to apprise interested parties of the pendency of the action.” The 1980 order clearly indicated that former counsel was no longer Plaintiffs’ lawyer. Furthermore, even after giving due regard for the “particularities and peculiarities” of this case, those peculiarities do not alter the lack of notice to Plaintiffs. Indeed, when this court, sua sponte, discovered the lack of service, it cured it by the appointment of counsel. Accordingly, the court concludes that Defendants’ failure to serve Plaintiffs resulted in a violation of Plaintiffs’ due process rights. See, e.g., Wetmore v. Karrick, 205 U.S. 141, 27 S.Ct. 434, 51 L.Ed. 745 (1907) (<HOLDING>); United States v. State of Colorado, 937 F.2d Options: A. holding a judgment in the absence of notice violates due process rights B. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment C. recognizing default judgment must generally be set aside without further showing if defendant never received service of process D. holding that court cannot consistent with due process set aside judgment of dismissal and render a personal judgment against defendant without notice E. holding that notice of judgment was insufficient

assistant: The best answer is D. holding that court cannot consistent with due process set aside judgment of dismissal and render a personal judgment against defendant without notice
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: couriers, required him to travel to Jamaica himself. Because the district court’s relevancy determination was not “arbitrary or irrational,” we find no abuse of discretion. See United States v. Amuso, 21 F.3d 1251, 1263 (2d Cir.1994). Also unavailing is Williams’s assertion that the district court violated the law of the case by reconsidering, at the second trial several of the evidentiary rulings it had made at the first. Specifically, Williams challenges certain modifications by the district court of its prior rulings on evidence of other crimes and innocent trips to Jamaica. Assuming, without deciding, that the law of the case doctrine even applies to mere evidentiary rulings in a second trial of the same case, but see United States v. Akers, 702 F.2d 1145, 1147-48 (D.C.Cir.1983) (<HOLDING>), we find no abuse of discretion in the Options: A. recognizing doctrine B. holding that doctrine does not violate due process C. holding that the doctrine does not apply in such circumstancesi D. holding that doctrine does not violate right of confrontation E. holding that doctrine does not violate equal protection

assistant: The best answer is C. holding that the doctrine does not apply in such circumstancesi
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 hereunder of each of the parties hereto shall be governed by and interpreted and determined in accordance with the laws of the State of New York, without regard to any principles of conflicts of laws or other rule of law that would result in the application of the law of any jurisdiction other than the State of New York.

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 case excerpt and choose the best holding from the options. Case excerpt: abused by father). 26 . In re Ana C., 204 Cal.App.Ath 1317, 139 Cal. Rptr.3d 686, 698 (2012) (quoting In re Karen R., 95 Cal.App.4th 84, 115 Cal.Rptr.2d 18, 22 (2001)). 27 . AS 47.10.011(7). 28 . Because we are remanding the case for further proceedings and retaining jurisdiction, we do not now address Risa's challenge to the trial court's findings about the children being in need of aid due to her mental illness. We likewise do not now evaluate Rowan's arguments about the adequacy of the evidence to support findings under other statutory subsections. See Martha S. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 268 P.3d 1066, 1080 (Alaska 2012) (citing Jon S. v. State, Dep't of Health & Soc. Servs., Office of Children's Servs., 212 P.3d 756, 762 (Alaska 2009)) Options: A. holding that to find negligence jury need not find violation of federal motorcarrier regulation B. holding that ocs is not required to wait to intervene until a child has suffered actual harm before requesting a finding that a child is in need of aid C. holding that a superior court can adjudicate a child as a child in need of aid based on the acts of just one parent D. holding that a plaintiff is not required to state the statutory or constitutional basis for his claim only the facts underlying it E. holding that only one statutory basis is required to find a child in need of aid

assistant: The best answer is E. holding that only one statutory basis is required to find a child in need of aid
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: act.”); see also Hyde v. United States, 225 U.S. 347, 369, 32 S.Ct. 793, 803, 56 L.Ed. 1114 (1912) (the liability of an individual conspirator continues until the conspiracy accomplishes its goals or that conspirator withdraws, the latter of which requires an affirmative action). Accordingly, the district court did not abuse its discretion in holding MIA jointly and severally liable for all losses to the victims of the four-year conspiracy proved at trial. See United States v. Haile, 795 F.2d 489, 491 (5th Cir.1986) (Section 3651 of the Probation Act “gives broad authority to district courts to impose conditions of probation that in the judgment of the sentencing judge serve to rehabilitate the criminal or secure compliance with court orders, and otherwise are in the public interest.”) (<HOLDING>); United States v. Van Cauwenberghe, 827 F.2d Options: A. recognizing that santa clara precludes bringing civil actions in federal court under the icra other than habeas corpus B. holding that 1252a2bii precludes review of discretionary decisions in only the specific circumstances specified in the statute itself C. holding however that probation act precludes monetary penalties other than those enumerated in the statute D. holding that the faa extends to employment cases for employees other than those engaged in transportation E. holding that the phrase means reasonably designed to prevent expanded the secs authority beyond those acts specifically enumerated in the statute

assistant: The best answer is C. holding however that probation act precludes monetary penalties other than those enumerated in the statute
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 the entire agreement, and supersedes all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings among the parties hereto with respect to the subject matter hereof. Notwithstanding any oral agreement or course of action of the parties or their Representatives to the contrary, no party to this Agreement shall be under any legal obligation to enter into or complete the transactions contemplated hereby unless and until this Agreement shall have been executed and delivered by each of the parties. Nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other than the parties and their respective successors and permitted assigns any legal or equitable right, benefit or remedy of any nature under or by reason of this Agreement.

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 representations, warranties, covenants and agreements of the parties hereto shall survive the execution and delivery hereof and the delivery of all of the documents executed in connection herewith and shall continue in full force and effect after the date hereof and after the Closing Date. The representations and warranties of the parties hereto shall survive for a period of 18 months after the Closing Date; provided , however , that the representations and warranties in Section 3.4 (Intellectual Property), Section 3.13 (Environmental Matters), Section 3.15 (Employee Benefits), Section 3.16 (Taxes) and Section 3.19 (Employment and Labor Relations) and the Fundamental Representations shall survive the Closing Date for a period of five years; and provided , further , that in the event of fraud or intentional misrepresentation in connection with a representation or warranty, such representation or warranty shall continue in full force and effect without limitation. The right to indemnification or other remedy based on such representations, warranties, covenants and agreements will not be affected by any investigation conducted with respect to, or any knowledge acquired (or capable of being acquired) at any time, whether before or after the execution and delivery of this Agreement or the Closing Date, with respect to the accuracy or inaccuracy of or compliance with, any such representation, warranty, covenant or obligation. The waiver of any condition based on the accuracy of any representation or warranty, or on the performance of or compliance with any covenant, obligation or agreement, will not affect the right to indemnification or other remedies based on such representation, warranty, covenant, obligation or agreement. Neither (a) the termination of the representations or warranties contained herein, nor (b) the expiration of the indemnification obligations described below, shall affect the rights of a Person with respect to any claim for Losses made by such Person received by the party alleged to have breached such representation or warranty prior to the expiration of the applicable survival period provided herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: cannot alter the effect of the verdict. Alvarado, 897 S.W.2d at 752. Submission of an immaterial issue is not harmful unless it confuses or misleads the jury, which we determine by considering its probable effect on the jury in light of the charge as a whole. Id. Here, reading the charge as a whole, we do not find that the question submitted was ambiguous or misleading. The question asked the jury to determine separately the negligence of the Bowens and Crow-son. A finding that the Bowens were not the proximate cause of the occurrence in question exonerated them from liability. Consequently, the question pertaining to Crowson’s negligence was immaterial — in other words, any answer pertaining to Crowson’s negligence would not have altered the verdict. See Alvarado, 897 S.W.2d at 752-53 (<HOLDING>). Furthermore, putting the findings on Options: A. holding that even if the district court erred in sustaining the objection the error was harmless because the witness answered the question in the negative and the court did not strike his answer B. holding question of contributory negligence was harmless because once jury found defendant did not proximately cause the occurrence in question defendant was exonerated of liability such that neither an affirmative nor a negative answer to plaintiffs negligence could have altered the verdict C. holding that in a fela case where the jury found negligence per se the defendant railroad could not challenge the validity of the verdict through postverdict discussions indicating that the jury believed the total award would be reduced by the plaintiffs contributory negligence D. holding appellant could not obtain a new trial so that jury could answer liability question because the charge instructed the jury not to answer the question based on its answer to a prior question and because appellant did not object to this instruction E. holding that party that failed to object to instruction that jury not answer a question based on its answer to the prior question waived that partys right to have the jury make findings as to the subsequent question

assistant: The best answer is B. holding question of contributory negligence was harmless because once jury found defendant did not proximately cause the occurrence in question defendant was exonerated of liability such that neither an affirmative nor a negative answer to plaintiffs negligence could have altered the verdict
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: § 1983 for violating a person’s federal constitutional rights when he or she engages in activities “intimately associated with the judicia 49 (6th Cir.1975)). Prosecutors are a proceedings, a prosecutor may receive only qualified immunity when acting in a capacity that is exclusively investigatory or administrative. See, e.g., Buckley, 609 U.S. at 274 n. 5, 113 S.Ct. 2606 (stating that “[o]f course, a determination of probable cause does not guarantee a prosecutor absolute immunity from liability for all actions taken afterwards. Even after that determination, as the opinion dissenting in part, points out, a prosecutor may engage in ‘police investigative work’ that is entitled to only qualified immunity”) (citation omitted); Guzman-Rivera v. Rivera-Cruz, 55 F.3d 26, 28 (1st Cir.1995) (<HOLDING>); Houston v. Partee, 978 F.2d 362, 367 (7th Options: A. holding that while a witness and prosecutor were protected by absolute immunity for their participation in judicial proceedings they were not entitled to absolute immunity on a 1983 claim that they conspired to present false testimony B. holding that prosecutors have absolute immunity C. holding that prosecutors are absolutely immune from claims alleging conspiracy to present false testimony but witnesses including police officerwitnesses are not absolutely immune from such claims D. holding that the prosecutors were not entitled to absolute immunity for any delays or inadequacies in their conduct of the investigation after 1983 plaintiff had been convicted but that they were absolutely immune for their posiinvestigation failure to go into court to seek guzmans release E. holding that prosecutors are absolutely immune from liability for their knowing or inadvertent failure to disclose materially exculpatory evidence

assistant: The best answer is D. holding that the prosecutors were not entitled to absolute immunity for any delays or inadequacies in their conduct of the investigation after 1983 plaintiff had been convicted but that they were absolutely immune for their posiinvestigation failure to go into court to seek guzmans release
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: Administrative Agent shall promptly transfer to each Lender after Administrative Agent’s receipt thereof, any and all sums received by Administrative Agent for the benefit of each such Lender (each, a “ Payment ”) by wire transfer in immediately available funds. Administrative Agent shall wire (i) all monthly payments of interest on the Loan for the benefit of each such Lender within one (1) Business Days after the Payment was received by Administrative Agent so long as the payment was received before 1:00 P.M. (Eastern time), and if received on or after 1:00 P.M. (Eastern time) within two (2) Business Days after the Payment was received by the Administrative Agent, (ii) the payment of principal with respect to the final payment of the Loan on the same day so long as the payment was received before 1:00 P.M. (Eastern time), and if received on or after 1:00 P.M. (Eastern time) within one (1) Business Day after such payment was received by the Administrative Agent, and (iii) within five (5) Business Days after Administrative Agent’s receipt thereof, all other sums received by Administrative Agent for the benefit of each such Lender. All payments of principal and interest in respect of the Loan, all payments of the fees payable to Lenders described in this Agreement (but not in any separate fee letter, except to the extent expressly set forth therein), and all payments in respect of any other obligations of Borrower under the Loan Documents shall be allocated among such of the Lenders as are entitled thereto, in proportion to their respective Pro Rata Shares or otherwise as expressly provided herein or in the other Loan Documents, as the case may be.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: third issue, which faults trial counsel for failing to ensure a complete record was made of the voir dire. The present record includes only part of the voir dire proceedings, that is, the individual voir dire strikes and final jury selection. During the motion for new trial hearing, counsel said it was his typical practice to have the voir dire recorded and that there was no trial strategy associated with the failure to ensure that a full record was made of voir dire. Mere failure of counsel to request recordation of the voir dire examination is not ineffective assistance of counsel per se. Ybarra v. State, 890 S.W.2d 98, 112 (Tex.App.-San Antonio 1994, pet. ref'd); Wills v. State, 867 S.W.2d 852, 857 (Tex.App.-Houston [14th Dist.] 1993, pet. ref'd); see also Thompson, 9 S.W.3d at 813 (<HOLDING>). “Some injury resulting from the failure to Options: A. recognizing reluctance to designate any error as per se ineffective assistance B. holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis C. holding that criminal defense counsels failure to file notice of appeal when requested to do so is per se ineffective assistance D. holding that an attorneys conflict of interest gives rise to a claim of ineffective assistance of counsel under the sixth amendment and establishes prejudice per se E. recognizing a constitutional claim for ineffective assistance of counsel

assistant: The best answer is A. recognizing reluctance to designate any error as per se ineffective assistance
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: must be reduced by the costs, if any, that plaintiffs would have experienced absent a breach.”). That ruling was not reversed on appeal. The Government now also insists that the court also must account in this proceeding for the additional savings that SMUD realized from 2004 through 2008, by closing the SNF wet pool. Gov’t Reply and Resp. at 12. As a threshold matter, the parties stipulated and the court entered an Order limiting the scope of this proceeding only through December 31, 2003. Sept. 27, 2004 Joint Stip. and Order (Docket No. 254, 257). In addition, the Government did not argue entitlement to this offset at trial, on appeal, nor did the Federal Circuit’s remand direct the court to do so. Rem. TR at 188-89; see also Tronzo v. Biomet, Inc., 236 F.3d 1342, 1349 (Fed.Cir.2001) (<HOLDING>); see also Engel Indus. Inc. v. Lockformer Co., Options: A. holding that the court bars a party from raising an issue on remand that was not raised on appeal B. holding that failure to raise issue at district court forecloses party from raising same issue on appeal C. holding that a party may not raise an issue for the first time on appeal D. holding where a party failed to raise an issue clearly implicated in the initial decision of the trial court our mandate acted to prevent that party from raising this issue on remand E. holding that where defendant failed to raise defense of plaintiffs fraud in federal court defendant is barred from raising that issue in state court

assistant: The best answer is D. holding where a party failed to raise an issue clearly implicated in the initial decision of the trial court our mandate acted to prevent that party from raising this issue on remand
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 terms and conditions of this Agreement may be waived only by a written instrument signed by the Party waiving compliance. The failure of any Party to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of or non-compliance with this Agreement shall be held to be a waiver of any other or subsequent breach or non-compliance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The U.S. Borrower may, upon at least three Business Days’ prior notice to the Agent, terminate in whole or reduce in part the unused portions of the Revolving Commitments under any Revolving Facility; provided , however , that (i) each partial reduction shall be in an aggregate amount of not less than the Minimum Currency Threshold and (ii) any such reduction shall apply to proportionately and permanently reduce the Revolving Commitment of each of the Lenders under such Revolving Facility except that, notwithstanding the foregoing, in connection with the establishment on any date of any Replacement Revolving Commitments pursuant to Section 2.19, the Revolving Commitments of any one or more Lenders providing any such Replacement Revolving Commitments on such date may be reduced in whole or in part on such date on a non-pro rata basis with the other Lenders under the applicable Revolving Facility; provided , further , that after giving effect to any such reduction and to the repayment of any Revolving Loans actually made on such date, the Revolving Outstandings of any Revolving Lender under such Revolving Facility does not exceed the Revolving Commitment thereof). To the extent not previously utilized, all Term Commitments in effect on the Closing Date shall terminate at 5:00 p.m. (New York City time) on the Closing Date.

assistant: Terminations