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: Neither this Agreement nor any uncertainty or ambiguity herein shall be construed against any member of the Noteholder Group, or any Obligor, whether under any rule of construction or otherwise. On the contrary, this Agreement has been reviewed by all parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purposes and intentions of all parties hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Bill of Sale and the legal relations between the parties will be governed by and construed in accordance with the laws of the State of California applicable to contracts made and performed in such State and without regard to conflicts of law doctrines unless certain matters are preempted by federal law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other agreements referred to herein embody the entire agreement and understanding of the Parties and supersedes all prior agreements and understandings between the Parties with respect to the subject matter hereof and thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: consent must be clearly, unequivocally expressed. Edelman, 415 U.S. at 673, 94 S.Ct. at 1360-61. Waivers are narrowly construed and almost never implied. Further, a State’s waiver of Eleventh Amendment immunity in its own courts is not a waiver of its immunity in federal courts. See, e.g., Florida Dept, of Health & Rehab. Serv. v. Florida Nursing Home Assoc., 450 U.S. 147, 150, 101 S.Ct. 1032, 1034-35, 67 L.Ed.2d 132 (1981) (per curiam); Ford Motor Co., 323 U.S. at 464-65, 65 S.Ct. at 350-51; Great Northern Life Ins. Co. v. Read, 322 U.S. 47, 54, 64 S.Ct. 873, 877, 88 L.Ed. 1121 (1944). [I]t is not consonant with our dual system for the federal courts ... to read the consent to embrace federal as well as state courts____ [A] c . 58, 64-67, 109 S.Ct. 2304, 2308-10, 105 L.Ed.2d 45 (1989) (<HOLDING>). Section 1983 provides a federal forum to Options: A. holding that states and state officials acting in their official capacities are not persons subject to liability under 1983 B. holding that the eleventh amendment protects both states and state officials acting in their official capacity from suits brought pursuant to 42 usc 1983 C. holding that neither a state agency nor its officials acting in their official capacities may be sued under section 1983 D. holding that state employees acting in their official capacities are insulated from liability for money damages E. holding that under authority of will v michigan dept of state police 491 us 58 71 109 sct 2304 105 led2d 45 1989 neither the state nor state public service commission officials acting in their official capacities are persons subject to suit under 1983

assistant: The best answer is A. holding that states and state officials acting in their official capacities are not persons subject to liability under 1983
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 will be governed by and construed and enforced in accordance with the laws of the United States (and, in particular, the laws of the State of Illinois) without regard to the choice of law principles thereof, except to the extent of any mandatory protections that apply under the law of the Federal Republic of Germany or to the extent that any such United States law would violate the German public order ( ordre public ).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower executing this Agreement acknowledges that it is not authorized to file any financing statement or amendment or termination statement with respect to any financing statement without the prior written consent of Lender and agrees that it will not do so without the prior written consent of Lender, subject to Borrower’s rights under Section 9-509(d)(2) of the UCC.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are a u.s. government end user , we are licensing the amazon software to you as a `` commercial item '' as that term is defined in the u.s. code of federal regulations ( see 48 c.f.r. § 2.101 ) , and the rights we grant you to the amazon software are the same as the rights we grant to all others under these conditions of use .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1998) (<HOLDING>). AFFIRMED. BOOTH, POLSTON and HAWKES, JJ., Options: A. holding that statute prohibiting conduct that obstruets or unreasonably interfere with free ingress or egress to and from public buildings was not impermissibly vague B. holding in the context of the invocation of the right to counsel that interpretation is only required where the defendants words understood as ordinary people would understand them are ambiguous C. holding that statute prohibiting affray was not impermissibly vague because ordinary people could understand the meaning of affray D. recognizing that where the statutory language is not ambiguous the plain and ordinary meaning of the statute must be given effect E. holding that term unreasonably loud is not impermissibly vague

assistant: The best answer is C. holding that statute prohibiting affray was not impermissibly vague because ordinary people could understand the meaning of affray
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Conlee, 370 Ark. 89, 257 S.W.3d 543 (2007). Kyler Road Home Charles first argues on appeal that the circuit court erred by not awarding him an interest in the home on Kyler Road. Although he acknowledges that Myra had acquired this property prior to the marriage, he asserts that he is entitled to an interest in the home because | ^marital funds were used to reduce the debt on the properly and to make improvements. Our definition of marital properly excludes property acquired before the marriage. Ark.Code Ann. § 9-12-315(b)(1) (Repl.2009). However, we have long held that a non-owning spouse is entitled to some benefit when marital funds have been expended to improve or reduce the debt on the other spouse’s nonmarital property. See Box v. Box, 312 Ark. 550, 851 S.W.2d 437 (1993) (<HOLDING>); Bagwell v. Bagwell, 282 Ark. 403, 668 S.W.2d Options: A. holding that an increase in the value of nonmarital property attributable to the efforts of one or both spouses during marriage is marital property B. holding that assets acquired subsequent to separation are not considered marital property absent evidence that spouse used marital property to obtain them C. holding that separate property may become marital property if spouse donates it to marital unit with intent at time of donation that property become marital D. holding that the trial court erred in finding that marital property was the former wifes separate property based on a nonseparation agreement in which the former husband purported to relinquish any interest in the marital property E. holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property

assistant: The best answer is E. holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company parties will not be subject to liability for the truth , accuracy or completeness of any content on the service or any other information conveyed to any user , or for errors , mistakes or omissions therein , or for any delays or interruptions of the data , or information stream from whatever cause .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as may otherwise be provided herein, a number of PSUs, if any, equal to the sum of (i) the EPS Earned PSUs (as defined in Annex A hereto) plus (ii) the TSR Earned PSUs (as defined in Annex A hereto) shall vest on the third anniversary of the Date of Grant (such date, the “ Vesting Date ”) (collectively, the “ Earned PSUs ”), subject to Participant having not incurred a Termination of Employment prior to the Vesting Date. NBHC shall issue one Share to Participant for each Earned PSU within 10 days following the Vesting Date (and in no event later than the March 15 following the Vesting Date).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with all Exhibits and the BAA, constitutes the sole and entire agreement between the Parties solely with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. There are no agreements, representations, warranties, covenants or undertakings with respect to the subject matter hereof other than those expressly set forth herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for those subsidiaries set forth in Schedule 6.1 (each an “ Operating Sub ”), the Company has no subsidiaries and the Company does not own, directly or indirectly, any outstanding voting securities of or other interests in, or have any control over, any other Person. Except as set forth in Schedule 6.1 , the Company wholly-owns each Operating Sub. With respect to each Operating Sub, all representations and warranties in this Article VI and elsewhere in this Agreement shall be deemed repeated and re-made from and by each Operating Sub, as if such representations and warranties were independently made by each Operating Sub, in this Agreement (but modified as necessary in order to give effect to the intent of the parties that such representation and warranty is being made by the Operating Sub, rather than the Company, as applicable). In addition, each representation and warranty contained in this Article VI or otherwise set forth in this Agreement shall be deemed to mean and be construed to include the Company and each of its subsidiaries, as applicable, regardless of whether each of such representations and warranties in Article VI specifically refers to the Company’s subsidiaries or not.

assistant: Subsidiaries
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 provisions of this Agreement that may be reasonably interpreted as surviving expiration or termination of this Agreement, including Sections 7, 8, 11, 12, 13, 14, 15, 16, 17, 18, 23, 24, 25 and 26, and shall continue in effect after expiration or termination of this Agreement. No termination of this Agreement by either party shall result in a termination of any vested Awards, except in accordance with the terms and conditions of the applicable Award agreement.

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: diligence in every case from here to eternity finds its equivalent in this single expression of legislative power. Runnymede’s legacy cannot countenance this result in the face of Mennonite. Under the district court’s approach, La.Rev.Stat.Ann. 13:3886 would constitute an unnecessarily sweeping, “unreasonable procedure” inconsistent with constitutional limitations upon legislative action. North Laramie Land Co. v. Hoffman, 268 U.S. 276, 45 S.Ct. 491, 494, 69 L.Ed. 953 (1925). In contrast, we believe that the statute simply supplements Louisiana’s preexisting constructive notice scheme. Cf. Magee v. Amiss, 502 So.2d 568 (La.1987) (due process rights of a community property co-owner violated when she failed to receive actual notice of a sheriff’s Ct. 1785, 85 L.Ed.2d 64 (1985) (<HOLDING>); see also Pope, 108 S.Ct. 1340. Short, Locke Options: A. holding that a mineral interest shorn of the executive right and the right to receive delay rentals remains an interest in the mineral fee B. holding the best interest of the child standard does not violate federal constitutional principles C. holding constitutional a statute providing that a mineral interest would lapse to the surface owner if the interest owner either made no use of the interest or failed to file a claim with the state within a twenty year period D. holding that neither mere participation in a federal program nor provision requiring compliance with federal law is sufficient to establish that the state consented to be sued in federal court E. holding constitutional a federal recording system requiring owners of certain mineral interests on federal lands to file annual claims of their interest in the absence of which the interest would escheat to the federal government

assistant: The best answer is E. holding constitutional a federal recording system requiring owners of certain mineral interests on federal lands to file annual claims of their interest in the absence of which the interest would escheat to the federal government
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: court to find that a defendant does not meet his burden under Franks when the defendant offers only a patently false affidavit containing hearsay statements and a tape recording in support of his allegations of falsity. United States v. Parcel of Land and Residence Located Thereon at 5 Bell Rock Road, Freetown, Mass (7th Cir.1988) (stating that the defendant’s unverified assertions that an informant’s testimony was unreliable falls short of satisfying the defendant’s initial burden under Franks); United States v. Hornick, 815 F.2d 1156, 1158 (7th Cir.1987) (finding that the defendant’s offer of proof which consisted only of a friend’s affidavit and defense counsel’s “say-so” did not satisfy the initial burden under Franks); United States v. Radtke, 799 F.2d 298, 310 (7th Cir.1986) (<HOLDING>); United States v. McDonald, 723 F.2d 1288, Options: A. holding that the defendants offer of the affiants sworn testimony to establish falsity of the warrant affidavit did not amount to a substantial preliminary showing of falsity under franks B. holding that courts can inquire into the sincerity but not the truth or falsity of religious beliefs C. holding that the defendants allegations that the warrant affidavit contained falsified information did not satisfy franks even though the defendants offer of proof consisted of twentynine 29 affidavits D. holding that further inquiry into falsity of defendants prior testimony in a rape case is barred E. holding that because the information omitted from the affidavit was immaterial to the investigation there was no error in denying defendants motion for a franks hearing

assistant: The best answer is A. holding that the defendants offer of the affiants sworn testimony to establish falsity of the warrant affidavit did not amount to a substantial preliminary showing of falsity under franks
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the swedish authority for press , radio and television ( sw : myndigheten för press , radio och tv ) has issued a publishing certificate ( sw : utgivningsbevis ) for the truecaller database and website ( truecaller , www.truecaller.com ) in accordance with the database rule of the swedish fundamental law on freedom of expression ( sw : 1 kap .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any third party travel products which you find and/or book via the skyscanner services and/or skyscanner platforms are provided by independent travel agents , airlines , hotels , travel operators or other third parties ( `` travel providers '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any dispute, controversy, claim or action of any kind arising out of, relating to, or in connection with this Agreement, or in any way involving Company and Investor or their respective Affiliates, including any issues of arbitrability, will be resolved solely by final and binding arbitration in English before a retired judge at JAMS International, or its successor, in the Territory of the Virgin Islands, pursuant to the most expedited and Streamlined Arbitration Rules and Procedures available. Any interim or final award may be entered and enforced by any court of competent jurisdiction. The final award will include the prevailing party’s reasonable arbitration, expert witness and attorney fees, costs and expenses.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No amendment or waiver of any provision of this Agreement or any other Loan Document (other than with respect to an increase in the Commitment Amount pursuant to Section 2.04(b) or any agreement or agreements executed and delivered thereunder), nor consent to any departure by any Credit Party therefrom, shall in any event be effective unless the same shall be in writing the Bank and the Company, and then any such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

assistant: Amendments
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: person, the individual can be charged with and convicted of more than one count of resisting arrest — one for each person that the individual has committed criminal conduct against — without running afoul of the Double Jeopardy Clause. See Albernaz, 450 U.S. at 344, 101 S.Ct. 1137 (“Where Congress intended ... to impose multiple punishments, imposition of such sentences does not violate the Constitution.”); see also State v. Burdick, 211 Ariz. 583, 585-86 ¶¶ 5-10, 125 P.3d 1039, 1041-42 (App.2005) (“[W]here crimes against persons are involved we believe a separate interest of society has been invaded with each victim and that, therefore, where two persons are assaulted, there are two separate offenses.”); State v. Riley, 196 Ariz. 40, 45-6 ¶¶ 17-19, 992 P.2d 1135, 1140-41 (App.1999) (<HOLDING>). Consequently, Jurden’s two convictions for Options: A. recognizing that a bank customer may have a tort claim against a bank for the wrongful dishonor of a check B. holding the defendant properly convicted of multiple counts of armed robbery against bank employees even though the defendant robbed only the bank C. holding judge in bank robbery prosecution did not abuse discretion in refusing to excuse juror whose wife was bank employee or juror whose daughter had been victim of bank robbery D. holding that escape driver with no prior knowledge that robbery would be armed is aider and abettor of aimed bank robbery if he knowingly and willfully joins in the escape phase of an armed bank robbery knowing that an accomplice has a gun E. holding that an africanamerican investment advisor who accompanied two clients into a bank could assert a 51 claim alleging discrimination against the bank even though his clients were the actual customers of the bank

assistant: The best answer is B. holding the defendant properly convicted of multiple counts of armed robbery against bank employees even though the defendant robbed only the bank
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: event a driver fails to comply with ... regulations”); Matter of Jhoda v. Mauser Serv., Inc., 279 A.D.2d 853, 719 N.Y.S.2d 388 (3d Dep’t 2001) (affirming a decision of the Workers’ Compensation Board finding that a lively car driver was an employee for purposes of workers’ compensation). By contrast, in another recent case (apparently involving the same plaintiff, but different defen dants), the court granted the defendant car services’ motion for summary judgment, finding it “very persuasive that Defendants had little control over when Plaintiff drove, how much he drive[s], or how frequently.” Arena v. Delux Transp. Servs., Inc., 3 F.Supp.3d 1, 10 (E.D.N.Y.2014) (“Delux Transportation ”); see also Leach v. Kaykov, No. 07-CV4060 (KAM), 2011 WL 1240022, at *23 (E.D.N.Y Mar. 30, 2011) (<HOLDING>); Chaouni v. Ali 105 A.D.3d 424, 963 NY.S.2d Options: A. holding on summary judgment that a forhire dispatch service was not the employer of a driver under new jersey agency law noting that the driver owned his own vehicle and other instrumentalities necessary for the business and was under no obligation to follow certain routes B. holding that when lawenforcement officers have legally stopped the driver of a vehicle they may consistent with the fourth amendment order a driver out of the ear for any reason or for no reason C. holding that after making an arrest of the driver of a vehicle the police may search the passenger compartment of the vehicle D. holding detention lawful when police referred driver to secondary to check ownership of the vehicle after the driver admitted that the car did not belong to him and the registration revealed that the car was owned by another E. holding that during a routine traffic stop it is reasonable for an officer to search the driver for weapons before placing the driver in a patrol car if placing the driver in the patrol car during the investigation prevents officers or the driver from being subjected to a dangerous condition and placing the driver in the patrol car is the least intrusive means to avoid the dangerous condition

assistant: The best answer is A. holding on summary judgment that a forhire dispatch service was not the employer of a driver under new jersey agency law noting that the driver owned his own vehicle and other instrumentalities necessary for the business and was under no obligation to follow certain routes
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: Cir.1997) (“Just as the Court in Wilson found ordering a passenger out of the car to be a minimal intrusion on personal liberty, we find the imposition of having to remain in the car with raised hands equally minimal.”)- And although, as a general matter, an occupant is seized within the meaning of the seizure, when officers apprehended him after his flight, he had already abandoned the revolver and marijuana. United States v. Harrison, 689 F.3d 301, 307 (3d Cir.2012) (“In most eases, disclaiming ownership or physically relinquishing the property is sufficient to establish abandonment.”). And because Richardson abandoned the revolver and marijuana before the officers seized him, he had no reasonable expectation of privacy in those items. See Hodari D., 499 U.S. at 629, 111 S.Ct. 1547 (<HOLDING>); cf. United States v. Fulani, 368 F.3d 351, Options: A. holding that the defendants motion for discharge was premature and thus properly denied by the trial court B. holding that cocaine abandoned by defendant whilst fleeing from police was not fruit of seizure and motion to exclude evidence of it was properly denied C. holding that where defendant denied knowledge of the cocaine in his bag it was not error to allow testimony of its street and wholesale value D. holding that defendant abandoned his motion by failing to pursue it within a reasonable time after it was filed E. holding rule 80bd motion was properly denied because petitioner was not entitled to relief as a matter of law

assistant: The best answer is B. holding that cocaine abandoned by defendant whilst fleeing from police was not fruit of seizure and motion to exclude evidence of it was properly denied
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: unoriginal, and are not entitled to protection. See Feist, 499 U.S. at 345, 111 S.Ct. 1282 (noting that originality in copyright means that the work “was independently created by the author (as opposed to copied from other works)”). Even to the extent that Lyons’s ACVSMR Bylaws cover topics that are required for inclusion by the Manual, however, her choices in expressing and organizing those topics are original. See Situation Mgmt., 560 F.3d at 61. The decision to include those topics in the first instance, however, is not entitled to protection because it was dictated by the Manual’s instructions, and thus did not require independent creativity. See Manual 8-9 (listing topics that must be addressed in a specialty organization’s bylaws); see also Feist, 499 U.S. at 348, 111 S.Ct. 1282 (<HOLDING>). 3. Substantial Similarity Analysis After Options: A. holding that wjhile trial courts are encouraged to state all findings in their written child custody orders they are not required to do so as long as the basis for their decisions is clear from the record and thus susceptible to review B. holding that government officials are provided with qualified immunity so long as their actions could have been reasonably thought consistent with the rights they are alleged to have violated C. holding that while trial courts are encouraged to state all findings in their written orders they are not required to do so as long as the basis for their decisions is clear from the record and thus susceptible to review D. holding that that choices as to selection and arrangement are entitled to copyright protection only so long as they are made independently E. holding that lprs are entitled to the protection of the equal protection clause

assistant: The best answer is D. holding that that choices as to selection and arrangement are entitled to copyright protection only so long as they are made independently
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: To the extent applicable, this Plan shall be interpreted and applies so that the payments of benefits set forth herein shall either be exempt from, or in the alternative, comply with, and incorporate the terms and conditions required by, Section 409A. Notwithstanding any provision of this Plan to the contrary, in the event that the Company determines that any amounts payable hereunder will be immediately taxable to any Executive under Section 409A, the Company reserves the right to (without any obligation to do so or to indemnify the Executive for failure to do so) (A) adopt such amendments to this Plan or adopt such other policies and procedures (including amendments, policies and procedures with retroactive effect) that it determines to be necessary or appropriate to preserve the intended tax treatment of the benefits provided by this Plan, to preserve the economic benefits of this Plan and to avoid less favorable accounting or tax consequences for the Company and/or (B) take such other actions it determines to be necessary or appropriate to exempt the amounts payable hereunder from Section 409A or to comply with the requirements of Section 409A and thereby avoid the application of penalty taxes thereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See Moragne v. States Marine Lines, Inc., 398 U.S. 375, 401-02, 90 S.Ct. 1772, 1788, 26 L.Ed.2d 339 (1970) (“Our recognition of a right to recover for wrongful death under general maritime law will assure uniform vindication of federal policies, removing the tensions and discrepancies that have resulted from the necessity to accommodate state remedial statutes to exclusively maritime substantive concepts."). 3 . If this case were brought under general maritime law, and no cause of action were available under admiralty statutes, punitive damages would be "theoretically" available. Furka v. Great Lakes Dredge & Dock Co., 755 F.2d 1085, 1091 (4th Cir.), cert. denied, 474 U.S. 846, 106 S.Ct. 136, 88 L.Ed.2d 112 (1985). But see Boykin v. Bergesen D.Y. A/S, 822 F.Supp. 324, 326 (E.D.Va.1993) (<HOLDING>); Gaines v. Ampro Fisheries, 836 F.Supp. 347, Options: A. holding that general maritime law preempts state law B. holding punitive damages not recoverable for retaliatory discharge claim under general maritime law C. holding that uniformity is as important in maritime survival actions as it is in maritime wrongful death actions D. holding punitive damages unavailable for survival claims under general maritime law E. recognizing loss of society damages as remedy available under general maritime law

assistant: The best answer is D. holding punitive damages unavailable for survival claims under general maritime 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: district court held, following a bench trial, that Aceco was liable to Shaoxing for approximately $3.4 million for unpaid invoices, and that Aceco had failed to prove its counterclaims. We review the district court’s findings of fact for clear error and its conclusions of law de novo. Beck Chevrolet Co. v. Gen. Motors LLC, 787 F.3d 663, 672 (2d Cir. 2015). Because this case involves a contract for the sale of goods, Article 2 of the Uniform Commercial Code as adopted by the State of New York (“NYUCC”) governs. See Integrated Circuits Unlimited v. E.F. Johnson Co., 875 F.2d 1040, 1041 (2d Cir. 1989). Under the NYUCC, “[t]he buyer must pay at the contract rate for any goods accepted.” N.Y.U.C.C. § 2-607(1); see also Sobiech v. Int’l Staple & Mach. Co., 867 F.2d 778, 781 (2d Cir. 1989) (<HOLDING>). “Acceptance of goods occurs when the buyer Options: A. holding that where buyer had opportunity to inspect goods and failed to inform seller in timely manner of defects buyer deemed to have accepted goods pursuant to 672606 B. holding that seller was entitled to recover contract price of goods where buyer failed to make effective rejection under the ucc C. holding contract for sale of water which did not specify price was unenforceable because price of water was essence of contract D. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach E. holding buyer liable for balance of contract price of accepted goods

assistant: The best answer is E. holding buyer liable for balance of contract price of accepted goods
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: Stinger’s claims, and that agreement was not unconscionable. Therefore, we AFFIRM the judgment of the district court. AFFIRMED. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 1 . Shordy after Stinger’s account became active, Bank One Corporation merged with JPMC, which led to a transfer of ownership of Stinger’s account to Chase. 2 . Stinger asserted claims for breach of the covenant of good faith and fair dealing; tortious interference with his contract with Bank of America; violation of the Texas Deceptive Trade Practices Act, Tex. Bus. & Com.Code Ann. § 17.46; breach of contract; conversion; fraud and neglig l.Rptr.2d 273, 288-89 (1998) (<HOLDING>); Carboni v. Arrospide, 2 Cal.App.4th 76, 2 Options: A. holding that judicial is review available in the absence of an agreement for arbitration or some other form of final resolution of a dispute B. holding that a credit card company could not introduce an alternative dispute resolution provision through a bill stuffer where nothing in the original agreement mentioned dispute resolution C. holding that a party that engages in discovery and files pretrial motions waives a contracts alternative dispute resolution provision D. holding that the defendant companys action in sending a representative to ohio to negotiate a resolution of a prior dispute did not confer personal jurisdiction E. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added

assistant: The best answer is B. holding that a credit card company could not introduce an alternative dispute resolution provision through a bill stuffer where nothing in the original agreement mentioned dispute resolution
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall faithfully perform for the Company the duties incident to the office of Executive Vice President and Chief Financial Officer and shall perform such other duties of an executive, managerial or administrative nature as shall be specified and designated from time to time by the Board and the Company’s Chief Executive Officer (including the performance of services for, and serving on the board of directors of, any affiliate of the Company without any additional compensation). The Executive shall report to the Chief Executive Officer. The Executive shall devote substantially all of the Executive’s business time and effort to the performance of the Executive’s duties hereunder, provided that in no event shall this sentence prohibit the Executive from performing personal and charitable activities and any other activities approved by the Board, so long as such activities do not materially interfere with the Executive’s duties for the Company. The Board may delegate its authority to take any action under this Agreement, other than termination of the Agreement or Executive’s employment, to the Compensation Committee of the Board (the “ Committee ”).

assistant: Duties
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 an Event of Default occurs and is continuing, the Holder, may declare all of this Note, including any interest and other amounts due, to be due and payable immediately. The Holder, shall have all rights available to it at law or in equity. Upon the occurrence of an Event of Default, the interest on this Note shall immediately accrue at the Default Rate. The Holder, may assess reasonable attorneys’ fees, paralegals’ fees and costs and expenses incurred or anticipated by the Holder in collecting or enforcing payment hereof (whether such fees, costs or expenses are incurred in negotiations, all trial and appellate levels, administrative proceedings, bankruptcy proceedings or otherwise), and together with all other sums due by the Company hereunder, all without any relief whatsoever from any valuation or appraisement laws, and payment thereof may be enforced and recovered in whole or in part at any time by one or more of the remedies provided to the Holder at law, in equity, or under this Note. In connection with the Holder’s rights hereunder upon an Event of Default, the Holder need not provide, and the Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and the Lender, may immediately enforce any and all of its rights and remedies hereunder and all other remedies available to it in equity or under applicable law.

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: Judge. Kiefer Filppula entered a plea of nolo contendere to the following crimes: (1) possession of a prescription drug without a prescription in violation of section 499.03, Florida Statutes (2009); (2) possession of cannabis with intent to sell in violation of section 893.13, Florida Statutes (2009); (3) possession of alprazolam in violation of section 893.13; and (4) possession of drug paraphernalia in violation of section 893.147. On appeal, Filppula argues that the court imposed illegal sentences on counts two and three. We agree and reverse. For count three, the possession of alprazolam, the court orally sentenced Filppula to five years’ probation with two 1991) (<HOLDING>). Finally, the order of probation states that Options: A. holding that the law is clear that when a defen dant is sentenced to a split sentence consisting of incarceration and probation the combined sanction cannot exceed the maximum period of incarceration provided by law B. holding a sentence is not limited to period of incarceration C. holding that probation is not a sentence D. holding that work release qualified as incarceration E. holding that a sentence structured with three years incarceration suspended and eight years of sex offender probation was a true split sentence

assistant: The best answer is A. holding that the law is clear that when a defen dant is sentenced to a split sentence consisting of incarceration and probation the combined sanction cannot exceed the maximum period of incarceration provided by 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: Ala. R.App. P. Slack v. Stream, 988 So.2d 516, 533-34 (Ala.2008). This court cannot cure that deficiency by creating legal arguments for the appellant, see Spradlin v. Spradlin, 601 So.2d 76, 78-79 (Ala.1992), because it is not the function of this court to perform an appellant’s legal research. City of Birmingham v. Business Realty Inv. Co., 722 So.2d 747, 752 (Ala.1998). Disregarding those arguments the State fails to appropriately supp d in concluding that the agreement between the grandmother and the grandson regarding payment for the truck satisfied § 8-9-2, Ala.Code 1975, the Statute of Frauds. However, the State did not raise that argument before the trial court, and it cannot be raised for the first time on appeal. See Simmons v. Simmons, 99 So.3d 316, 323 (Ala.Civ.App.2011) (<HOLDING>). Based on the foregoing analysis, I would Options: A. holding that a party waives an objection by failing to request a ruling on the admissibility of the evidence before the district court B. holding that failure to file a postjudgment motion on alleged error of law relating to ruling on exception to the statute of frauds that was committed for first time in the judgment waives any objection to that ruling and that in the absence of any other formal objection the issue is not preserved for appellate review C. holding that for error to be preserved on appeal with regard to admission of evidence in violation of a ruling on a motion in limine that the evidence is inadmissible an objection should be made at the time the evidence is offered D. holding that to preserve an alleged error in the admission of evidence a timely objection must be made to the introduction of the evidence specific grounds for the objection should be stated and a ruling on the objection must be made by the trial court E. holding that the failure to obtain a ruling on a motion for new trial waives the issues raised for appellate review

assistant: The best answer is B. holding that failure to file a postjudgment motion on alleged error of law relating to ruling on exception to the statute of frauds that was committed for first time in the judgment waives any objection to that ruling and that in the absence of any other formal objection the issue is not preserved for appellate review
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: A Participant who is not otherwise then entitled to an immediate lump sum distribution may, upon a showing of an Unforeseeable Emergency which cannot be satisfied by other available liquid assets, request a withdrawal from the Participant’s vested Account balance, but excluding amounts allocated to the Share Unit Fund. An emergency withdrawal cannot be requested more frequently than once each Plan Year.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any such notice of election for early termination (“ Early Termination Notice at 6 Period Mark ”) can be given if at all only within the thirty (30) day period immediately preceding the 180 th day prior to the last day of Period 6 of the initial Term, time being strictly of the essence subject to the following and no such Early Termination Notice at 6 Period Mark shall be effective or binding unless, within ninety (90) days after the giving of the Early Termination Notice at 6 Period Mark, Tenant timely delivers to Landlord the payment of good, collected US dollars in the amount of the “ Termination Fee at 6 Period Mark ” defined below. Subject to the terms hereof, a properly given Early Termination Notice at 6 Period Mark so timely followed by the correct payment of the Termination Fee at 6 Period Mark shall irrevocably commit Tenant to such early termination election and shall cause the Lease to be deemed to naturally expire as of the last day of the first month of Period 7 of the initial Term of the Lease; herein the “ Early Termination Date at Period 6 Mark ”.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Plan contain the entire agreement and understanding of the parties hereto with respect to the subject matter contained herein and supersede all prior communications, representations and negotiations in respect thereto. No change, modification or waiver of any provision of this Agreement shall be valid unless the same be in writing and signed by the parties hereto, except for any changes permitted without consent under Section 11 or 13 of the Plan.

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: Executive and the Company agree that the covenants contained in Sections 7, 8, 9, 10 and 11 (the “Covenants”) are reasonable under the circumstances, and further agree that if in the opinion of any court of competent jurisdiction any such Covenant is not reasonable in any respect, such court shall have the right, power and authority to sever or modify any provision or provisions of such Covenants as to the court will appear not reasonable and to enforce the remainder of the covenants as so amended. Executive acknowledges and agrees that the remedy at law available to the Company for breach of any of Executive's obligations under the Covenants would be inadequate and that damages flowing from such a breach may not readily be susceptible to being measured in monetary terms. Accordingly, Executive acknowledges, consents and agrees that, in addition to any other rights or remedies that the Company may have at law, in equity or under this Agreement, upon adequate proof of Executive's violation of any Covenant, the Company shall be entitled to immediate injunctive relief and may obtain a temporary order restraining any threatened or further breach, without the necessity of proof of actual damage or of posting any bond.

assistant: Remedies