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: 1995 WL 779275, *6 (N.D.N.Y. Dec. 29,1995) (recognizing that Second Circuit takes the view that section 524(e) does not limit a bankruptcy court’s section 105 injunctive power). III. Adamson’s Threats Give Rise to a Justiciable Controversy 35. Under the Declaratory Judgment Act, 28 U.S.C. § 2201, a bankruptcy court may enter declaratory relief, whenever a party poses a real threat of litigation. Actual threats of litigation, such as the Adamson Letter, constitute a real and immediate controversy sufficient to convey jurisdiction on the Court. See, e.g., Kidder Peabody & Co., Inc. v. Maxus Energy Corp., 925 F.2d 556, 562 (2d Cir.), cert. denied, 501 U.S. 1218, 111 S.Ct. 2829, 115 L.Ed.2d 998 (1991); YWCA v. HMC Entertainment, Inc., 1992 WL 279361, at *2, *3 (S.D.N.Y. Sept. 25, 1992) (<HOLDING>). 36. Letters indicating a party’s intent to Options: A. holding that the case or controversy requirement applies with equal force to actions for declaratory judgment B. recognizing that it is not essential for there to be a direct threat of litigation in order to invoke the declaratory judgment act C. holding that actual controversy requirement is met where there is a substantial controversy between parties having adverse legal interests of sufficient immediacy and reality to warrant the issuance of a declaratory judgment D. holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act E. holding that to establish jurisdiction in action for declaratory judgment controversy must be actual and present a case for the consideration of the court wherein plaintiff is asserting some legal or property right adverse to defendant

assistant: The best answer is D. holding that letter stating that the defendant was fully prepared to take all necessary legal action in order to protect defendants work was sufficient to show an actual threat of litigation and created a case or controversy for the purposes of the declaratory judgment act
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 hereby agrees to employ Executive and Executive hereby accepts such employment, in accordance with the terms, conditions and provisions hereinafter set forth in this Agreement. His Executive Agreement with the Company, dated January 6, 2014, has expired without any further obligation by either party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Borrower nor any Subsidiary nor any Plan provides for or promises retiree, medical, disability, or life insurance benefits to any current or former employee, officer, or director of the Borrower or any Subsidiary other than continuation coverage required by Section 4980B of the Code. Neither the Borrower nor any Subsidiary is a party to, or obligated, under any agreement, plan, contract or other arrangements that will result, separately or in the aggregate, in the payment of any “excess parachute payment” within the meaning of Section 280G of the Code as a result of the consummation of the Transactions.

assistant: Miscellaneous
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 two or more identical counterparts, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party; provided that a facsimile or pdf (or other electronic reproduction) signature shall be considered due execution and shall be binding upon the signatory thereto with the same force and effect as if the signature were an original, not a facsimile or PDF (or other electronic reproduction) 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: interpretation question now before us. [ 35 As with all such questions, our job is to discern and give effect to the General Assembly's intent. Nowak v. Suthers, 2014 CO 14, 120, 320 P.3d 340, 344. That intent, according to the majority, is clear from the old revocation statute's plain language: "[It] simply does not address the legality of the initial contact." Maj. op. 117. By requiring "probable cause," the majority reasons that the General Assembly intended to refer only to the "quantum and quality" of evidence necessary to sustain revocation. Id. at T 14. 136 Yet that interpretation is new. For years, divisions of the court of appeals agreed that the statute's "probable cause" requirement implied a lawful stop. Seq, e.g., Peterson v. Tipton, 833 P.2d 830, 831 (Colo.App.1992) (<HOLDING>); see also Baldwin v. Huber, 223 P.3d 150, 152 Options: A. holding that a conclusion that reasonable suspicion supported the stop of a vehicle was subsumed within the trial courts ruling that the officer had probable cause for the stop B. holding that the initial stop by officer was based on reasonable suspicion that defendant was impersonating a police officer although another officer arrested defendant for privacy act violation C. holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation D. holding that absent probable cause to arrest a police officer may approach an individual to conduct a brief investigatory stop when the officer has a reasonable articulable suspicion that criminal conduct is afoot E. holding that a police officer may not direct a driver to submit to aleohol testing absent probable cause and by implication reasonable suspicion for the initial stop

assistant: The best answer is E. holding that a police officer may not direct a driver to submit to aleohol testing absent probable cause and by implication reasonable suspicion for the initial stop
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: viewing all facts and making all inferences in favor of the government. United States v. King, 73 F.3d 1564, 1568 (11th Cir.1996). Where, as here, the jury has rejected an entrap ment defense and government inducement is not at issue, “our review is limited to deciding whether the evidence was sufficient for a reasonable jury to conclude [beyond a reasonable doubt] that the defendant was predisposed to take part in the illicit transaction.” Brown, 43 F.3d at 622. Predisposition' is a fact-intensive and subjective inquiry, requiring the jury to consider the defendant’s readiness and willingness to engage in the charged crime absent any contact with the government’s agents. Brown, 43 F.3d at 624; Jacobson v. United States, 503 U.S. 540, 548-49, 112 S.Ct. 1535, 118 L.Ed.2d 174 (1992) (<HOLDING>). We have rejected creating a “fixed list of Options: A. holding that because of its civil nature section 881 does not require the government to prove beyond a reasonable doubt that a criminal violation occurred B. holding that once government inducement is shown the prosecution must prove beyond reasonable doubt that the defendant was disposed to commit the criminal act prior to first being approached by government agents C. holding that the state must prove juvenile delinquency beyond a reasonable doubt D. holding that the nature and occasion of prior offenses are facts inherent in the convictions which government is not required to allege in the indictment or prove beyond a reasonable doubt E. holding that because of its civil nature section 881 does not require the government to prove beyond a reasonable doubt that a criminal violation has occurred

assistant: The best answer is B. holding that once government inducement is shown the prosecution must prove beyond reasonable doubt that the defendant was disposed to commit the criminal act prior to first being approached by government agents
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: Pledgor shall pay, and save Lender harmless from, any and all liabilities with respect to, or resulting from any delay in paying, any and all stamp, excise, sales or other taxes which may be payable or determined to be payable with respect to any of the Collateral or in connection with any of the transactions contemplated by this Agreement excluding any income or franchise taxes imposed on Lender.

assistant: Indemnity
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 failure to exercise, no course of dealing with respect to the exercise of, and no delay in exercising, any right, power or remedy arising under this Agreement or any of the other Security Documents will impair any such right, power or remedy or operate as a waiver thereof. No single or partial exercise of any such right, power or remedy will preclude any other or future exercise thereof or the exercise of any other right, power or remedy. The remedies herein are cumulative and are not exclusive of any remedies provided by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Inc. Sec. Litig., 217 F.Supp.2d 529, 542 (D.N.J.2002) (stating that “ ‘[wjhether a plaintiff had sufficient facts to place him on inquiry notice of a claim for securities fraud under ... Rule 10b-5 is a question of fact, and such is often inappropriate for resolution on a motion to dismiss under Rule 12(b)(6).’ ”) (quoting Marks v. CDW Comp. Centers, Inc., 122 F.3d 363, 367 (7th Cir.1997)); Gruber v. Price Waterhouse, 697 F.Supp. 859, 861 (E.D.Pa.1988) (finding that “[i]n the context of the statute of limitations defense, where contrary inferences may reasonably be drawn from the facts which are material to when the cause of action accrued, defendants bear a heavy burden of showing that the claims are untimely as a matter of law.”) (citations omitted); but cf. NAHC, 306 F.3d at 1326-27 (<HOLDING>). Whether the plaintiffs, in the exercise of Options: A. recognizing that statute of limitations questions may be resolved on a motion to dismiss B. holding that applicability of the voluntary payment doctrine and the mistake of fact exception raises questions of fact that cannot be resolved on a motion to dismiss C. holding that a court may not take judicial notice of separate legal proceedings on a motion to dismiss and defenses of res judicata and collateral estoppel must be resolved through motion for summary judgment D. recognizing that questions of changed conditions and the amount of child support must be resolved on the particular facts of each case E. holding that a statute of limitations defense first raised in a motion to dismiss at the close of the plaintiffs evidence was untimely

assistant: The best answer is A. recognizing that statute of limitations questions may be resolved on a motion to dismiss
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: indeed it exists under these factual circumstances, is much narrower than the duty imposed where a fiduciary relationship exists, Florida Farm Bureau Mut. Ins. Co. v. Rice, 393 So.2d at 555 n. 5, and does not permit the discovery of the claim and litigation files which were ordered in the instant ease. PETITION GRANTED. BOOTH and JOANOS, JJ., concur. 1 . Simultaneously, the trial court ordered Allstate to provide a complete answer to an interrogatory. Allstate has failed to demonstrate that this portion of the order results in the irremediable injury necessary to merit the exercise of certiora-ri jurisdiction, and its contentions of error are meritless. 2 . These facts distinguish the instant case from North American Van Lines, Inc. v. Lexington Co., 678 So.2d 1325 (Fla. 4th DCA Options: A. holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso B. holding that insured was not required to suffer an excess judgment before it could sue its excess insurer and primary insurer for bad faith failure to settle where it was alleged the insurers arbitrarily refused to settle and insured was required to pay 1 million in settlement to avoid near certainty of larger judgment that would exceed all available coverage C. holding that insured may recover attorneys fees from insurer where insurer acts in bad faith D. holding that excess coverage in four policies was not triggered until primary insurer satisfied the requirements necessary to trigger the excess insurers coverage and paid the full amount of its limits E. holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict

assistant: The best answer is B. holding that insured was not required to suffer an excess judgment before it could sue its excess insurer and primary insurer for bad faith failure to settle where it was alleged the insurers arbitrarily refused to settle and insured was required to pay 1 million in settlement to avoid near certainty of larger judgment that would exceed all available coverage
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: problem. The state laws at issue in Takaha-shi and Graham were found to interfere with the federal government’s regulation of immigration despite the fact that, as here, neither law resulted in the removal or inadmissibility of any aliens. 16 . 66 Stat 163, as amended, 8 U.S.C. § 1101 et seq. 17 . Pub.L. No. 104-193, 110 Stat. 2105 (1996). 18 . It is clear, therefore, that PRWORA does not consider mere admission or attendance at a public post-secondary institution to he a public benefit. Otherwise, Virginia would be required to deny admission to illegal aliens, unless the state affirmatively enacted a law allowing for their admission into public colleges and universities. 19 . But see League of United Latin American Citizens v. Wilson, 997 F.Supp. 1244, 1256 (C.D.Cal.1997) ("LULAC II”) (<HOLDING>). LULAC II is neither controlling nor Options: A. holding that pursuant to prwora and iirira congress had evinced its intention to occupy the field of alien eligibility for postsecondary education and invalidating on federal preemption grounds section 8 of californias proposition 187 which denied public postsecondary education to immigrants not lawfully present B. holding that exhaustion was not required under a federal education statute where the gravamen of the complaint was not that the plaintiff had been denied the type of education the statute guarantees and hence the relief sought was not available through the statutory appeals process C. holding that sc const art xi 3 which requires the general assembly to provide for the maintenance and support of a system of free public education guarantees only a minimally adequate education and does not call for this court to dictate what programs are to be used in this states public schools D. holding that it is impermissible to dismiss a teacher for openly criticizing the board of education on its allocation of school funds between athletics and education and its methods of informing taxpayers about the need for additional revenue E. holding that postsecondary education support orders are modified pursuant to the statute governing child support modification

assistant: The best answer is A. holding that pursuant to prwora and iirira congress had evinced its intention to occupy the field of alien eligibility for postsecondary education and invalidating on federal preemption grounds section 8 of californias proposition 187 which denied public postsecondary education to immigrants not lawfully present
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 Borrower and each of its Subsidiaries is in compliance in all material respects with the requirements of all laws, rules and regulations and all orders, writs, injunctions and decrees applicable to it or to its properties, except where the failure to comply therewith, either individually or in the aggregate, could not reasonably be expected to have 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: Before Attainment of Early Retirement Age . If a Participant, who has a vested interest as determined under this Section 4.8 and Section 4.3, dies while on Disability before he attained Early Retirement Age, his Surviving Spouse or Eligible Children will be entitled at the Participant’s death to receive a benefit equal to fifty percent (50%) of the Participant’s Retirement Benefit (in accordance with Sections 4.6 and 4.7) calculated under Section 4.2 as if the Participant was age fifty-five (55) and eligible for Early Retirement on the day before the Participant’s death; provided, however, that the combined reductions for Early Retirement and early payment will not exceed twenty-one percent (21%) of the amount calculated under Sections 4.2(a)(i) and (ii). Distribution of such benefits will not be subject to the six (6) month restriction applicable to Key Employees.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 360 U.S. 471 79 S.Ct. 1192 3 L.Ed.2d 1375 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC.,v.Bruce BENNETT, Attorney General of the State of Arkansas. No. 757. Decided June 22, 1959. Messrs. Robert O. Carter and Herbert O. Reid, for appellant. PER CURIAM. 1 When the validity of a state statute, challenged under the United States Constitution, is properly for adjudication before a United States District Court, reference to the state courts for construction of the statute should not automatically be made. The judgment is vacated and the case is remanded to the United States District Court for the Eastern District of Arkansas for consideration in light of Harrison v. NAACP, 360 U.S. 167, 79 S.Ct. 1025. 2 Judgment vacated and case remanded. 3 Mr. Justice DOUGLAS, with whom The CHIEF JUSTICE and Mr. Justice BRENNAN concurs, dissenting. 4 While I agree that the case should be remanded to the District Court, I think that court should be directed to pass on the constitutional issues presented without prior reference to the state courts. My reasons are stated in my dissent in Harrison v. NAACP, 360 U.S. 179, 79 S.Ct. 1032.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lender may at any time, without the consent of, or notice to, the Borrowers, sell participations to any Person (other than a natural person or any Borrower or any of the Borrowers’ Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of the Lender’s rights and/or obligations under this Agreement (including all or a portion of its Revolving Credit Commitment and/or the Loans owing to it); provided that (i) the Lender’s obligations under this Agreement shall remain unchanged, (ii) the Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers and the Lender shall continue to deal solely and directly with the Lender in connection with the Lender’s rights and obligations under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: States, — U.S. -, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), is similarly misplaced. Descamps concluded that a defendant’s prior California burglary conviction did not qualify as a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e). Descamps, 133 S.Ct. at 2285-86. Given that Descamps and Donawa address other federal statutes and do not address whether an offense under Florida Statutes § 893.13(l)(a) is a controlled substance offense under U.S.S.G. § 4B1.2(b), their holdings cannot establish plain error in this case. Hartsfield’s prior convictions for the sale of, or the intent to sell, a controlled substance are not convictions for simple possession of a controlled substance. See Salinas v. United States, 547 U.S. 188, 188, 126 S.Ct. 1675, 164 L.Ed.2d 364 (2006) (<HOLDING>). As a consequence, under the terms of the plea Options: A. holding that simple possession is not a lesserincluded offense of distribution of a controlled substance B. holding that mens rea required for possession of a controlled substance is knowledge that defendant possessed a controlled substance C. holding that because some form of intent to manufacture import export distribute or dispense is not involved simple possession of a controlled substance does not constitute a controlled substance offense for purposes of united states sentencing commission guidelines manual 4blla D. holding that the defendants prior drug conviction for simple possession did not constitute a controlled substance offense because the plain language of 4b12b requires that the prior conviction involve possession with intent to distribute E. holding that possession of listed chemical with intent to manufacture controlled substance is controlled substance offense

assistant: The best answer is C. holding that because some form of intent to manufacture import export distribute or dispense is not involved simple possession of a controlled substance does not constitute a controlled substance offense for purposes of united states sentencing commission guidelines manual 4blla
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 a security for UCC purposes); Haught v. Lante Corp., 1991 WL 148198, at *2-3; Medesco, Inc. v. LNS Int’l, Inc., 762 F.Supp. at 923; In re Domestic Fuel Corp., 70 B.R. at 462; In re Sandefer, 47 B.R. 133, 138 (Bankr.N.D.Ala.1985); Data Consultants, Inc. v. Traywick, 593 F.Supp. 447, 457 (D.Md.1983); Katz v. Abrams, 549 F.Supp. at 671; Dionisi v. DeCampli, 1991 WL 118185, at *3, amended by Dionisi v. DeCamp 1037, 1040-41 (La.Ct.App.1991) (finding that Chapter 8 of Louisiana’s UCC applies to an option contract between former bank president and majority stockholder of bank to repurchase a “maximum number of shares” of stock in connection with a contract of employment and that such stock is a security within the meaning of Chapter 8); Thomas v. Prewitt, 355 So.2d 657, 659-60 (Miss.1978) (<HOLDING>); Young v. Young, 240 Va. 57, 393 S.E.2d 398, Options: A. holding that the statute of frauds of chapter 8 of kansass ucc applies to the sale of 50 of banks stock B. holding that after the sale of stock former shareholders have no standing to file a claim against the corporation C. holding that chapter 8 of colorados ucc applied to the sale of shares in a corporation whose entire stock was held by one individual D. holding in action for breach of contract caused by wrongful foreclosure and sale of shares of stock plaintiff was entitled to recover the fair market value of the stock at the time of its sale E. holding that the statute of frauds found in chapter 8 of mississippis ucc applies to the sale of shares of stock in a corporation comprised of only twelve shareholders

assistant: The best answer is E. holding that the statute of frauds found in chapter 8 of mississippis ucc applies to the sale of shares of stock in a corporation comprised of only twelve shareholders
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: Promptly upon receiving knowledge of same, the Borrower shall notify the Administrative Agent if any representation or warranty set forth in Section 5.01 or 5.02 was incorrect at the time it was given or deemed to have been given and at the same time deliver to the Administrative Agent a written notice setting forth in reasonable detail the nature of such facts and circumstances. In particular, but without limiting the foregoing, the Borrower shall notify the Administrative Agent in the manner set forth in the preceding sentence before the Closing Date of any facts or circumstances within the knowledge of the Borrower which would render any of such representations and warranties untrue at the date when they were made or deemed to have been made.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (and, indeed, Kaiser did not agree to settle with Brown for more than a year after providing her medical services), the adoption of Brown’s interpretation of MSP would mean that Brown was not required to reimburse Medicare out of her settlement proceeds for the payments Medicare made for Brown’s, care. , The district court rejected this argument and instead concluded that the prompt payment language in MSP simply controls when Medicare may withhold payment in the first instance, not when it may seek reimbursement. See Brown, 252 F.Supp.2d at 319-20. At the time the parties filed their initial briefs in this case, the courts were divided on' whether Brown’s was an appropriate interpretation of MSP. Compare United States v. Baxter Int'l, Inc., 345 F.3d 866, 885-93 (11th Cir.2003) (<HOLDING>) (emphasis added), with Goetzmann, 337 F.3d at Options: A. holding that under msp any payment that medicare does make is secondary and is subject to reimbursement from sources of primary coverage under the statute regardless of whether those sources can be expected to pay promptly B. holding that the msp preempted a state law that required insurers to offer coordination of benefits at reduced premiums when the insured had other health and accident coverage making medicare the primary payer in direct conflict with the msp C. holding that an objective standard to determine whether the injury was intended or expected would be inconsistent with insurance coverage for damage resulting from ordinary negligence D. holding that the statute of limitations defense does not deprive court of subject matter jurisdiction to the extent the statute of limitations may be considered in any sense a jurisdictional impediment it is one which can be waived E. holding that statutory silence on the subject of secondary liability means there is none and section 2333a does not mention aiders and abettors or other secondary actors

assistant: The best answer is A. holding that under msp any payment that medicare does make is secondary and is subject to reimbursement from sources of primary coverage under the statute regardless of whether those sources can be expected to pay promptly
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 Borrower agrees to pay all reasonable costs and expenses of the Lender in connection with the preparation, execution and delivery of this Amendment, including without limitation the reasonable fees and expenses of the Lender’s legal counsel.

assistant: Expenses
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: Generally . All files, records, documents, manuals, books, forms, reports, memoranda, studies, data, calculations recordings or correspondence, in whatever form they may exist, and all copies, abstracts and summaries of the foregoing, and all physical items related to the business of the Bank, its affiliates, and their respective directors and officers, whether of a public nature or not and whether prepared by Executive or not, are, and at employment termination, shall remain the exclusive property of the Bank, and without the Bank's advance written consent, shall not be removed from Bank premises except as required in the course of providing services under this Agreement, and at termination shall be promptly returned by the Executive to the Bank.

assistant: Terminations
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 covenants, representations and warranties made by each Seller and the Parent Company in connection with this Agreement shall survive the execution and delivery of this Agreement and the consummation of the transactions described herein, it being agreed and understood that each of such covenants, representations and warranties is of the essence to this Agreement and the same shall be binding upon each Seller and the Parent Company and inure to the Purchaser and its heirs, successors and assigns.

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: is cases involving misrepresentations. See, e.g., DeWolfe v. Hingham Centre Ltd., 464 Mass. 795, 799 n.9, 985 N.E.2d 1187 (2013). 9 . This approach accords with decisions by the current Chief Justice of the Supreme Judicial Court in the residential mortgage context. While serving as a Justice of the Superior Court, he rejected the suggestion that "stated income” loans are inherently unfair, as they "are no more prone to foreclosure than full documentation loans if the statements in the application are accurate.” Commonwealth v. Fremont Inv. & Loan, 2008 WL 517279, at *11 (Mass. Super. Ct. Feb. 26, 2008) (Gants, J.); see Commonwealth v. H&R Block, Inc., 2008 Mass. Super. LEXIS 427, at *27-29 (Nov. 28, 2008) (Gants, J.); see also Forbes, 87 Mass.App.Ct. 1122, 2015 WL 2365497, at *2 (<HOLDING>); id. at *1 & n.5 (observing that the plaintiff Options: A. holding that the foreigndefendant seller was not subject to personal jurisdiction in michigan since the only reason it had contact with the state was because the plaintiff chose to reside there B. holding that net farm income when applied to a producer in the fishing industry means net income from all fishing activity not just that income from a particular commodity and further providing that the regulations make it reasonably clear that the determination of net fishing income is not to be made solely on the basis of tax return information if other information is relevant to determining the producers net income from all fishing sources C. holding that the judge reasonably concluded that because forbes chose to state and to continually verify his false income information countrywide was entitled to rely on it in determining the debttoincome ratio and otherwise D. holding that the bia is entitled to rely heavily on state department reports E. holding that it was not error plain or otherwise for a judge to rely on an unsubstantiated summary of a state indictment contained in the psr to determine that the prior offense was a crime of violence even though the defendant had not admitted that the summary of the indictment was correct

assistant: The best answer is C. holding that the judge reasonably concluded that because forbes chose to state and to continually verify his false income information countrywide was entitled to rely on it in determining the debttoincome ratio and otherwise
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall be liable for all income taxes incurred with respect to all benefits provided under this Agreement. All payments required to be made to Executive under this Agreement shall be subject to withholding of amounts relating to income tax, excise tax, employment tax and other payroll taxes to the extent the Company determines is required to be withheld pursuant to applicable law or regulation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: process challenge. Under our Rules of Appellate Procedure, a party must present to the trial court a timely request, motion, or objection, state the specific grounds therefor, and obtain a ruling. Tex.R.App. P. 3B.1. As noted above, allowing appellate review of unpreserved error would undermine the Legislature’s intent that cases terminating parental rights be expeditiously resolved, thus “ ‘[p]romot[ing] the child’s interest in a final decision and thus placement in a safe and stable home.’ ” In re B.L.D. and B.R.D., 118 S.W.3d at 353 (quoting In re J.F.C., 96 S.W.3d 256, 304 (Tex.2002)). Both we and the United States Supreme Court have held that constitutional error was waived in comparable circumstances. See Webb v. Webb, 451 U.S. 493, 496-97, 101 S.Ct. 1889, 68 L.Ed.2d 392 (1981) (<HOLDING>); Tex. Dep’t of Protective and Regulatory Options: A. holding that constitutional error was waived even though petitioner repeatedly used the phrase full faith and credit because petitioner did not cite to the federal constitution or to any cases relying on the full faith and credit clause of the federal constitution B. holding that a federal court must enforce a state court judgment under the full faith and credit statute where diversity jurisdiction exists C. holding that the full faith and credit clause does not require a state to apply another states law in violation of its own legitimate public policy D. holding this rule does not deny full faith and credit E. holding that a state court settlement may be given full faith and credit in federal courts even if it concerns an exclusively federal area of law

assistant: The best answer is A. holding that constitutional error was waived even though petitioner repeatedly used the phrase full faith and credit because petitioner did not cite to the federal constitution or to any cases relying on the full faith and credit clause of the federal constitution
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 the enhancement information.’ ”) (internal citation omitted) (quoting Weaver, 905 F.2d at 1482). Although we have not published an opinion following the other Weaver holding — i.e., that substantial compliance with § 851(b) is sufficient where § 851(a) is fully complied with and a defendant is timely apprised of the underlying convictions to be considered to enhance his sentence — we do so today. This holding is not only sufficiently clear in Weaver itself, but a number of our sister circuits have also held that failure to comply strictly with § 851(b) is harmless error, even where a defendant could have challenged their pri- or convictions under § 851(e). United States v. Severino Flowers, 464 F.3d 1127 (10th Cir.2006); United States v. Harwood, 998 F.2d 91, 100-01 (2nd Cir.1993) (<HOLDING>); United States v. Campbell, 980 F.2d 245, 252 Options: A. holding the petitioners challenge of his conviction is not rendered moot by the expiration of the underlying sentence because collateral consequences flowing from the conviction give the petitioner a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him B. holding that where the government filed an information identifying the conviction relied upon to enhance defendants sentence and counsel told the court that the defendant did not dispute the conviction the trial judges sentencing ritual here complied with the requirements of 851b C. holding that where juror did not disclose that she had an interest in the conviction of the defendant probable prejudice is shown and the conviction must be reversed D. holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime E. holding a district courts failure to give the 851b colloquy does not affect the defendants substantial rights where the defendant failed to challenge the conviction alleged in the filed information and never revealed what challenges he was prepared to level

assistant: The best answer is B. holding that where the government filed an information identifying the conviction relied upon to enhance defendants sentence and counsel told the court that the defendant did not dispute the conviction the trial judges sentencing ritual here complied with the requirements of 851b
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: does, they certainly fit within the general definition of the term, and at least two courts have similarly held. And, there was no evidence to suggest that the Debtor uses these items is for anything other than domestic purposes, even tho ) (defining “household goods” to include personal property found in a debtor’s residence and necessary to the functioning of a household or normally used by and found in the residence of a debtor, including items which, while not being luxuries, are convenient or useful to a reasonable existence; holding that lawn equipment falls squarely in that definition); 4 Collier on Bankruptcy ¶ 522.1 l[6][d] ("Courts generally had adopted a broad definition of household goods.... ”). 5 . 11 U.S.C. § 522(f)(4). 6 . See, e.g., 4 Collier on Bankru .1999) Options: A. holding that although a close call a lawnmower was an appliance under the common use of that word and therefore exempt under as a household appliance under minnesota law B. holding that an electrical appliance representative and salesperson was not an independent contractor but an employee and as such was entitled to unpaid compensation for accumulated vacation time C. holding 522f3 inapplicable under minnesota exemption law D. holding that under minnesota law an insurance policy or provision not filed with the commissioner of insurance is unenforceable E. holding that under dugger the use of the word recommend under kentucky law did not misstate the jurys role and therefore could not amount to a caldwell violation

assistant: The best answer is A. holding that although a close call a lawnmower was an appliance under the common use of that word and therefore exempt under as a household appliance under minnesota law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Silverdale, Washington, and did remain so absent until 18 June 1999. Charge Sheet. The Article 92 offense alleged that the appellant: having knowledge of a lawful order issued by CDR Steven L. Syzska, to report to the Correctional Custody Unit, an order which it was his duty to obey, did, at Naval Submarine Base Bangor, Silverdale, Washington, on or about 28 May 1999, fail to obey the same by wrongfully failing to report to the Correctional Custody Unit. Charge Sheet. Since the appellant entered unconditional guilty pleas to these two offenses at trial the issue of multiplicity is waived unless we find that the charges are facially duplicative. Lloyd, 46 M.J. at 23. When considering whether charges are facially duplicative—“that is, factually the same, 552 (N.M.Ct.Crim.App.1997)(<HOLDING>). But see, United States v. Granger, 9 USCMA Options: A. holding that the insurer was estopped from asserting coverage defenses when it waited to file a declaratory action until 10 months after it had notice of the claim and several months after it had notice of a potential settlement of the underlying litigation B. holding that one agreement cannot be taken to be several agreements and therefore several conspiracies because the agreement envisages the violation of several statutes rather than one C. holding that dismissal was required where overall length of prosecution was 16 months state was responsible for 13 months of delay and six months of that delay was due to simple neglect D. holding that an unauthorized absence of several months and missing movement were not multiplicious E. holding one and onehalf months establishes causation while three months is too long and does not

assistant: The best answer is D. holding that an unauthorized absence of several months and missing movement were not multiplicious
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: (Calero-Toledo v. Pearson Yacht Leasing Co. (1974), 416 U.S. 663, 40 L. Ed. 2d 452, 94 S. Ct. 2080.) Although Calero-Toledo did not involve the double jeopardy clause of the fifth amendment, the Court in that case emphasized that a forfeiture proceeding is brought against the instrumentality of a crime, rather than against the offender himself. The Calero-Toledo Court noted that the object of the forfeiture is “ ‘primarily considered as the offender ***. [T]he practice has been, and so this Court understand^] the law to be, that the proceeding in rem stands independent of, and wholly unaffected by any criminal proceeding in personam.’ ” (Calero-Toledo, 416 U.S. at 684, 40 L. Ed. 2d at 468, 94 S. Ct. at 2092, quoting The Palmyra (1827), 25 U.S. (12 Wheat.) 1, 14-16, 6 L. Ed. 531, 535-36 (<HOLDING>).) The Calero-Toledo Court also noted, Options: A. holding claim that prior conviction was not serious felony under californias sentencing law not cognizable in federal habeas proceeding B. holding that a judgment set forth in a separate document is not a prerequisite to appellate jurisdiction where the parties assumed that there was a final judgment C. holding that a conviction for piracy was not a prerequisite to a proceeding to forfeit a ship allegedly engaged in piratical aggression D. holding that a workers compensation proceeding is a legal proceeding E. holding jeopardy had not attached because the district court was without power to enter a judgment of conviction in a pretrial proceeding

assistant: The best answer is C. holding that a conviction for piracy was not a prerequisite to a proceeding to forfeit a ship allegedly engaged in piratical aggression
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent any disclaimer or limitation of liability does not apply , all applicable express , implied , and statutory warranties will be limited in duration to a period of thirty ( 30 ) days after the date on which you first used the vimeo service , and no warranties shall apply after such period .

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 may be executed in counterparts, each of which will constitute an original of this Agreement and both of which together shall constitute one and the same Agreement. Signature pages delivered by facsimile, .pdf or similar electronic means shall have the same force and effect as original signatures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant represents that the Participant has consulted with any tax consultants the Participant deems advisable in connection with the grant of RSUs and the issuance of Shares with respect thereto and that the Participant is not relying on the Company for any tax advice. The Company makes no warranties or representations whatsoever to the Participant regarding the tax consequences of the grant of RSUs or the receipt of Shares with respect thereto. The Participant shall be solely responsible for any taxes in respect of the RSUs.

assistant: Taxes
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 understanding of the parties with respect to its subject matter and no change, addition, alteration or modification to the terms of Executive’s employment (except her Base Salary which may be periodically adjusted as set forth in Section 2(a) herein) or this Agreement may be made except in writing signed by the parties hereto. Any prior or other agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force or effect.

assistant: Entire Agreements