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: 2009-2012. Although Morillion and Rutti both focused on employer control, both gave heightened consideration to the fact that the employer transportation was mandatory. Rutti, 596 F.3d at 1061-1062; Moril-lion, 22 Cal.4th at 587-588, 94 Cal.Rptr.2d 3, 995 P.2d 139. Moreover, Plaintiff has directed this Court to no case, and the Court’s research has yielded no case, where an employee has been found to be subject to an employer’s control where the plaintiff voluntarily elected to commute in the employer’s vehicle. Cf. Campbell v. Best Buy Stores, L.P., 2013 WL 5302217, *7 (C.D.Cal.2013) (denying Best Buy’s motion for summary judgment due, in part, to a disputed issue of fact as to whether a home-start was required); Alcantar v. Hobart Service, 2012 WL 6539547, *1, *3-4 (C.D.Cal.2012) (<HOLDING>); Overton v. Walt Disney Co., 136 Cal.App.4th Options: A. holding that commute time in company vehicle even where use of the vehicle was restricted nonpersonal uses was not compensable because it was optional B. holding automobile exeeption did not apply to warrantless search of vehicle where vehicle was not readily mobile because the vehicle was legally parked in parking lot occupants of vehicle were seated on a bench in the playground near the parking lot police officers surrounded the vehicle and the driver of the vehicle was handcuffed for safety purposes C. holding a stop was effected where officers vehicle blocked defendants vehicle from proceeding D. holding that time was not compensable where the employer provided but did not require use of a shuttle E. holding that time was compensable where the crew was required to travel in the employers vehicle to job sites

assistant: The best answer is A. holding that commute time in company vehicle even where use of the vehicle was restricted nonpersonal uses was not compensable because it was optional
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: Upon any termination of Executive’s employment for any reason or non-renewal of this Agreement after the Term, Executive shall be entitled to receive the following compensation and benefits: (A) any accrued but unpaid Base Salary (to be paid as provided in Paragraph 3(a)) as of the Date of Termination (as defined below); (B) reimbursement for expenses incurred by Executive prior to the Date of Termination in accordance with Paragraph 4(d) hereof; (C) vested benefits, if any, to which Executive may be entitled under the Company’s employee benefit plans as of the Date of Termination; and (D) any additional amounts or benefits due under law or any applicable plan or agreement of the Company other than this Agreement (the amounts and benefits described in clauses (A) through (D) above, collectively, the “ Accrued Compensation and Benefits ”). Payment of Accrued Compensation and Benefits under this Paragraph 6 shall in all events be paid in accordance with the Company’s payroll procedures, expense reimbursement procedures or plan terms, as applicable, or in accordance with applicable law. Thereafter, the Company shall have no further obligations to Executive with regard to Accrued Compensation and Benefits. This provision does not apply to or control payment of any Incentive Compensation, provided in paragraph 3(b) herein.

assistant: Benefits
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: denied, 520 U.S. 1190, 117 S.Ct. 1476, 137 L.Ed.2d 688 (1997).] In so doing, we cautioned that our trial courts “will better serve the interest of justice if they do not attempt additional definitions of ‘reasonable doubt.’ Consequently we direct trial courts not to deviate from the definition contained in this opinion. The failure to adhere to the definition, over an objection, runs the risk of reversible error.” Ibid. The requirement that the State shoulder its burden of proof beyond a reasonable doubt applies not only to the guilt phase of a capital murder trial, but also to the State’s burden of proving that the aggravating factors outweigh any mitigating factors in the death penalty phase of a capital murder case. State v. Biegenwald (II), 106 N.J. 13, 62, 524 A.2d 130 (1987) (<HOLDING>). The trial court’s instructions to the jury Options: A. holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt B. holding that in order to sustain death sentence as a matter of fundamental fairness the jury must find that the aggravating factors outweigh the mitigating factors and this balance must be found beyond a reasonable doubt C. holding that the penaltyphase juryneed not find that aggravating factors sufficiently outweighed mitigating factors beyond a reasonable doubt D. holding that sixth amendment requires that a jury not a judge find the existence of any aggravating circumstance and that they be found beyond a reasonable doubt E. holding imposition of the death penalty proportionate where the trial court found two aggravating circumstances ccp and contemporaneous murder two statutory mitigating factors and a number of nonstatutory mitigating factors

assistant: The best answer is B. holding that in order to sustain death sentence as a matter of fundamental fairness the jury must find that the aggravating factors outweigh the mitigating factors and this balance must be found beyond a reasonable doubt
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 Lenders shall have received (i) audited consolidated financial statements of the Borrower for the 2011, 2012 and 2013 fiscal years, (ii) unaudited interim consolidated financial statements of the Borrower for each fiscal quarter ended after the date of the latest applicable financial statements delivered pursuant to clause (i) of this paragraph as to which such financial statements are available and (iii) financial statement projections (including projected consolidated balance sheets, statements of operations and statement of cash flows) on a fiscal year basis through December 31, 2018.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Acceptance, together with a processing and recordation fee in the amount of $3,500; provided , however , that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment; and any documents, certificates or evidence required to be delivered under §4.3.3. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is a reasonable deduction from facts in evidence; it was not “speculation.” Detective Reynolds saw the ligatures tied to Jeff Wright’s wrists and leg, at the death scene, at the morgue, and in photographs. Although Detective Reynolds admittedly did not know where on the headboard of the bed the ligatures were tied, it was reasonable for him to infer that appellant secured the ligatures to the bed in some fashion. See Valdez, 776 S.W.2d at 169. Moreover, the precise location where the ligatures were tied is an insignificant fact; the more important question is when appellant tied Jeff Wright’s arms and legs. As we have noted, it is not necessary that the demonstration be identical to the event in every respect. See id. at 168; Cantu, 738 S.W.2d at 266; see also Key, 192 S.W.2d at 566 (<HOLDING>). Appellant has not cited any cases, and we Options: A. holding that defendants role as sole caretaker did not render circumstances extraordinary B. holding that the principal must have control and supervision over the details of the agents work C. holding that a fivemonth delay did not render information stale D. holding minor differences in details of demonstration and actual event did not render reenactment substantially dissimilar E. holding that apprendi did not render 841 unconstitutional

assistant: The best answer is D. holding minor differences in details of demonstration and actual event did not render reenactment substantially dissimilar
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 will reimburse, promptly upon presentation of invoices within thirty (30) days from the date on which the parties agree upon the final form of Transition Release and Final Release, Executive’s expenses for legal or other advisors incurred in the review and finalization of this Agreement, up to an aggregate of $15,000.00.

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: This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same agreement and shall become effective when two or more counterparts have been signed by each of the Parties and delivered to the other Parties (including by facsimile or via portable document format (.pdf)), it being understood that all Parties need not sign the same counterpart.

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 holder shall furnish proof of insurance, such as a certificate of insurance, to the authorized officer prior to issuance of this permit and each year thereafter that this permit is in effect. The Forest Service reserves the right to review the insurance policy and require any changes needed to ensure adequate coverage of the United States in connection with the authorized use and occupancy. The holder shall send an authenticated copy of any insurance policy obtained pursuant to this clause to the authorized officer immediately upon issuance of the policy. Any insurance policies obtained by the holder pursuant to this clause shall name the United States as an additional insured, and the additional insured provision shall provide for insurance coverage for the United States as required under this clause. The holder shall give 30 days prior written notice to the authorized officer of cancellation of the insurance policy by the holder or any modification to the insurance policy by the holder. Additionally, the holder shall immediately notify the authorized officer of cancellation of the policy by the insurance company. The certificate of insurance, the authenticated copy of the insurance policy, and written notice of cancellation or modification of insurance policies should be sent to 9 Ten Mile Drive, PO Box 10 Granby, CO 80446. Minimum amounts of coverage and other insurance requirements are subject to change at the sole discretion of the authorized officer on the anniversary date of this permit .

assistant: Insurances
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: will uphold the decision only if it is supported by substantial evidence. Id. “Substantial evidence on the record as a whole is evidence demonstrating the reasonableness of an agency’s decision, and we neither reweigh the evidence nor replace the fact finder’s conclusions with our own.” DeWitt v. Rent-A-Center, Inc., 2009-NMSC-032, ¶ 12, 146 N.M. 453, 212 P.3d 341 (citation omitted). IY. DISCUSSION A. Constitutional Claims {19} The constitutionality of the PRC’s rulings present this Court with a question of law, which we review de novo. See Archuleta v. Santa Fe Police Dep’t, 2005-NMSC-006, ¶ 19, 137 N.M. 161, 108 P.3d 1019 (applying de novo standard of review to due process violations); U S West Commc’ns, Inc. v. N.M. State Corp. Comm’n, 1999-NMSC-016, ¶ 15, 127 N.M. 254, 980 P.2d 37 (<HOLDING>); U S West Commc’ns, Inc. v. N.M. State Corp. Options: A. holding that whether statements are testimonial is a legal issue subject to de novo review B. holding statutory interpretation is subject to de novo review C. holding that the constitutional rights in a termination proceeding are derived from the due process clause of the fourteenth amendment of the united states constitution and not the sixth amendment D. holding that once defendant made appearance in cause he is entitled to notice of trial setting as matter of due process under fourteenth amendment to the united states constitution E. holding that an agencys rulings with respect to whether a party was afforded the process it is due under the fourteenth amendment to the united states constitution are subject to de novo review

assistant: The best answer is E. holding that an agencys rulings with respect to whether a party was afforded the process it is due under the fourteenth amendment to the united states constitution are subject to de novo 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: During the Employment Period, the Employee shall serve as Executive Vice President of the Company and shall report to the Chief Executive Officer of the Company (the “ CEO ”). The Employee shall, subject to the direction and supervision of the CEO, have supervision and control over, and responsibility for, such management and operational functions of the Company currently assigned to such position and shall have such other powers and duties (including holding officer positions with the Company and one or more subsidiaries of the Company) as may from time to time be prescribed by the CEO consistent with the Employee’s position as Executive Vice President. Employee also shall be appointed as a member to the Board of Directors of PetIQ, Inc.

assistant: Positions
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: record accompanied by a presumption of correctness, “unless the preponderance of the evidence is otherwise.” Tenn. R.App. P. 13(d); In re M.J.B., 140 S.W.3d 643, 654 (Tenn.Ct.App.2004). If some of the trial court’s factual findings are based on its determinations of the credibility of the witnesses, then this Court will afford great weight to those credibility determinations, and will not reverse such determinations absent clear evidence to the contrary. See McCaleb v. Saturn Corp., 910 S.W.2d 412, 415 (Tenn.1995). Whether the ultimate issues of dependency and neglect or severe child abuse have been established by clear and convincing evidence are questions of law, which we review de novo with no presumption of correctness. See In re Adoption of A.M.H., 215 S.W.3d 793, 810 (Tenn.2007) (<HOLDING>); see also In re Valentine, 79 S.W.3d 539, 548 Options: A. holding that the question of substantial noncompliance with the requirements of a permanency plan was a question of law reviewed de novo with no presumption of correctness B. holding in a termination of parental rights case that as a question of law the trial courts ruling that the facts of this case sufficiently support the termination ground of willful abandonment are reviewed de novo with no presumption of correctness C. holding that trial courts determination of facts has a presumption of correctness but trial courts legal conclusions are subject to de novo review D. holding that appellate review of hearsay issues is de novo with no presumption of correctness E. recognizing this substantial interest in context of termination of parental rights

assistant: The best answer is B. holding in a termination of parental rights case that as a question of law the trial courts ruling that the facts of this case sufficiently support the termination ground of willful abandonment are reviewed de novo with no presumption of correctness
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: Abbott and its Affiliates and Sublicensees shall keep and maintain for [*****] years from the date of each Royalty Payment, Operating Income Payment and Sublicense Income Payment complete and accurate records of gross sales and Net Sales by Abbott and its Affiliates and Sublicensees of each Product, in sufficient detail to allow Royalty Payments, Operating Income Payments and Sublicense Income Payments to be determined accurately. Enanta shall have the right for a period of [*****] years after receiving any such payment to inspect or audit, or to appoint at its expense an independent certified public accountant reasonably acceptable to Abbott to inspect or audit the relevant records of Abbott and its Affiliates and Sublicensees to verify that the amount of such payment was correctly determined. Abbott and its Affiliates and Sublicensees shall each make its records available for inspection or audit by such independent certified public accountant during regular business hours at such place or places where such records are customarily kept, upon reasonable notice from Enanta, solely to verify that Royalty Payments and Sublicense Income Payments were correctly accounted for or determined. Enanta shall not exercise such inspection or audit right [*****]. All records made available for inspection or audit shall be deemed to be Confidential Information of Abbott. The results of each inspection or audit, if any, shall be binding on both Parties. In the event there was an underpayment by Abbott, Abbott shall promptly (but in any event no later than [*****] days after Abbott’s receipt of the independent accountant’s report so concluding) make payment to Enanta of any shortfall, together with the interest payment as provided in Section 6.5.5. In the event that there was an overpayment by Abbott, Enanta shall promptly (but in any event no later than [*****] days after Enanta’s receipt of the independent accountant’s report so concluding) refund to Abbott the excess amount. Enanta shall bear the full cost of such audit unless such audit discloses an underreporting by Abbott of more than [*****] of the aggregate amount of Royalty Payment or Sublicense Income Payments payable in any Calendar Year, in which case Abbott shall reimburse Enanta for all costs incurred by Enanta in connection with such inspection or audit.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. at 834 n. 10. In that case, the evidence as forecast in the summary judgment record would have supported a jury finding that a prison psychiatrist had abruptly discontinued a prisoner’s psychotropic drugs on the basis of a visit of a “few minutes” and without reviewing the prisoner’s medical file or doing a “mental status examination” and that had he reviewed the file, he would have seen that the prisoner was a serious suicide risk. We concluded that on those facts, a jury would have been entitled to find that the private doctor afforded the prisoner grossly inadequate care and “that he realized he was doing so at the time” thus exhibiting deliberate indifference to the prisoner’s needs. Greason, 891 F.2d at 835. See also Waldrop v. Evans, 871 F.2d 1030, 1034-35 (11th Cir.1989) (<HOLDING>). We think this case is not materially Options: A. holding where a prisoner was deprived of lithium that summary judgment was precluded by a genuine dispute between experts on the question whether the doctors acts constituted legitimate medical practice or either gross incompetence or the deliberate choice of an easier but less effective course of treatment B. holding that where record evidence specified the comparative alleged infractions of the relevant individuals but where the accuracy of those allegations was in genuine dispute a court may not grant summary judgment C. holding that summary judgment is not appropriate if there is a genuine dispute about a material fact D. holding that the question of whether an employee was acting within the course and scope of his employment or while performing duties related to the conduct of the employers business for purposes of insurance coverage were questions of fact that precluded summary judgment particularly since there was a question regarding the employees intent in performing the act in question E. holding that summary judgment on plaintiffs res ipsa loquitur theory was precluded both because there existed genuine issues of material fact as to the cause of the accident and whether or not one of the defendants had exclusive control over the instrumentality of the accident

assistant: The best answer is A. holding where a prisoner was deprived of lithium that summary judgment was precluded by a genuine dispute between experts on the question whether the doctors acts constituted legitimate medical practice or either gross incompetence or the deliberate choice of an easier but less effective course of treatment
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: world of warcraft requires the creation and retention of electronic files , including without limitation player characters , accounts , statistics , user profiles , weapons , armor , quests , loot , etc. ( `` game data '' ) , which are stored by blizzard entertainment ( for the avoidance of doubt , data concerning the players ' use of the voice client is not stored ) .

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: taxi business. This means he cannot manage or fly for a competing air taxi business. But it also means he cannot own, finance, direct, control, supervise, or give advice of a significant nature to a competing air taxi business personally or through others. And this prohibition applies even against involvement for the benefit of another, such as his employer; Sla-gle is forbidden to compete himself, and he is forbidden to help others compete. (Emphasis added). AA argues that the highlighted language was contrary to its theory that Slagle, as manager of the Salmon Falls Resort, merely acted as a consumer of air taxi services. The superior court was under no obligation to tailor the jury instructions to arguments made by AA. Cf. Clary Ins. Agency v. Doyle, 620 P.2d 194, 201 (Alaska 1980) (<HOLDING>). AA advocated instructing the jury that Options: A. holding that the plaintiffs misconceived legal theory did not preclude it from obtaining relief under another theory B. holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case C. holding that plaintiffs are ordinarily entitled to instructions consonant with their theory of the case where evidentiary support for the theory exists D. holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory E. holding that if basis described the parties were therefore aware of plaintiffs legal theory even where the theory was mischaracterized citation omitted

assistant: The best answer is C. holding that plaintiffs are ordinarily entitled to instructions consonant with their theory of the case where evidentiary support for the theory exists
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 Party hereto shall pay its own expenses in connection with the transactions contemplated hereby, whether or not such transactions shall be consummated, except as otherwise expressly provided in this Agreement or any other agreement entered into between the Parties.

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: Notes referred to in the Second Third Amended and Restated Credit Agreement, dated as of April August 9, 2014 2017 (as amended, restated, amended and restated, modified, supplemented and/or extended from time to time, the “ Agreement ”), among TransUnion Intermediate Holdings, Inc. (f/k/a TransUnion Corp.), a Delaware corporation, the Borrower, the Guarantors party thereto from time to time, the lenders and other parties party thereto from time to time and Deutsche Bank AG New York Branch, as Administrative Agent, and is entitled to the benefits thereof and of the other Loan Documents. This Note is secured by the Collateral Documents and is entitled to the benefits of the Guaranty. As provided in the Agreement, this Note is subject to voluntary prepayment and mandatory repayment prior to the applicable Maturity Date, in whole or in part, and 2015 2017 Replacement Term A A-2 Loans and Extended Term Loans may be converted from one Type into another Type, in each case, to the extent provided in the Agreement.

assistant: 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: All information relating to or concerning the Company or any of its Subsidiaries set forth in this Agreement and provided to the Purchaser pursuant to Section 2(d) hereof and otherwise in connection with the transactions contemplated hereby is true and correct in all material respects and the Company has not omitted to state any material fact necessary in order to make the statements made herein or therein, in light of the circumstances under which they were made, not misleading. No event or circumstance has occurred or exists with respect to the Company or any of its Subsidiaries or its or their business, properties, prospects, operations or financial conditions, which, under applicable law, rule or regulation, requires public disclosure or announcement by the Company but which has not been so publicly announced or disclosed in the SEC Documents.

assistant: Disclosures
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: Upon the occurrence of an Event of Default, Buyer may, in its sole discretion, exercise any right or remedy available to Buyer under this Agreement, the Lease, or applicable law (without penalty, liability or obligation on Buyer’s part and without limiting any other rights or remedies of Buyer), all of which are hereby incorporated and authorized by Seller.

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 legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted to be given or sent under this Amendment to the Prostate Cancer Sublicensee shall be hand delivered or sent by express delivery service or certified or registered mail, postage prepaid, or by facsimile transmission (with written confirmation copy by registered first-class mail) to the Prostate Cancer Sublicensee at the addresses and facsimile numbers indicated below.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: remedy is itself unconstitutional; that under Booker we should review his sentence for reasonableness; and that his sentence is unreasonable. United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We reviewed Spielvogel’s sentence in Spielvogel II and Spielvogel III, however, and he presented none of these arguments in those appeals. We explicitly said in Spielvogel III that “Spielvogel has abandoned his Apprendi/Blakely/Booker issue.” No. 03-13135, slip op. at 4. Nothing in the § 2255 court’s order requires that we revisit a sentence we affirmed in Spielvogel II and Spielvogel III, and the sentence before us is the same sentence. These arguments are also barred by the law of the case. See United States v. Escobar-Urrego, 110 F.3d 1556, 1560-61 (11th Cir.1997) (<HOLDING>). Spielvogel’s convictions and sentences are Options: A. holding an issue not raised in the bankruptcy court was waived on appeal B. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal C. holding that under the law of the case doctrine an issue of fact or law decided on appeal may not be reexamined by the appellate court on a subsequent appeal D. holding that under the doctrine of direct estoppel a law firms failure to appeal the bankruptcy courts earlier order barred it from challenging the courts holding on its appeal from a subsequent order E. holding that an issue not raised on appeal is waived

assistant: The best answer is B. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) During the continuance of an Event of Default, all or any one or more of the rights, powers, privileges and other remedies available to Lender against Borrower or any other Loan Party under this Agreement or any of the other Loan Documents executed and delivered by, or applicable to, Borrower and the other Loan Parties or at law or in equity may be exercised by Lender at any time and from time to time, to the extent permitted by applicable law, whether or not all or any of the Debt shall be declared due and payable, and whether or not Lender shall have commenced any foreclosure proceeding or other action for the enforcement of its rights and remedies under any of the Loan Documents with respect to all or any part of any Individual Property. Any such actions taken by Lender shall be cumulative and concurrent and may be pursued independently, singularly, successively, together or otherwise, at such time and in such order as Lender may determine in its sole discretion, to the fullest extent permitted by law, without impairing or otherwise affecting the other rights and remedies of Lender permitted by law, equity or contract or as set forth herein or in the other Loan Documents. Without limiting the generality of the foregoing, Borrower and each other Loan Party agree that if an Event of Default is continuing (i) Lender is not subject to any “one action” or “election of remedies” law or rule, and (ii) all liens and other rights, remedies or privileges provided to Lender shall remain in full force and effect until Lender has exhausted all of its remedies against the Properties and each Mortgage has been foreclosed, sold and/or otherwise realized upon in satisfaction of the Debt or the Debt has been paid in full, including without limitation, any liquidation fees, workout fees, special servicing fees and interest payable on advances made by the Servicer with respect to delinquent debt service payments or expenses of curing Borrower’s or any other Loan Party’s defaults under the Loan Documents or other similar fees payable to Servicer or any special servicer in connection therewith.

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 legal provision and list the applicable contract clause categories. Provision: Each Lender may sell participations to one or more banks or other entities (other than (x) the Borrower, MCRC and their respective Subsidiaries and Affiliates, (y) a natural Person, or a holding company, investment vehicle or trust for, or owned and operated for the benefit of, a natural Person, or (z) Defaulting Lender or a Subsidiary of Defaulting Lender) (a “ Participant ”) in all or a portion of such Lender’s rights and obligations under this Agreement and the other Loan Documents without notice or consent of the Borrower, Administrative Agent or any other party hereto; provided that (a) any such sale or participation shall not affect the rights and duties of the selling Lender hereunder to the Borrower and the Administrative Agent and the Lender shall continue to exercise all approvals, disapprovals and other functions of a Lender, (b) the only rights granted to the participant pursuant to such participation arrangements with respect to waivers, amendments or modifications of, or approvals under, the Loan Documents shall be the rights to approve waivers, amendments or modifications that would reduce the principal of or the interest rate on any Loans, extend the term (other than any extension contemplated by the definition of “ Maturity Date ”) or increase the amount of the Commitment of such Lender as it relates to such participant, reduce the amount of any fees to which such participant is entitled or extend any regularly scheduled payment date for principal or interest, and (c) no participant shall have the right to grant further participations or assign its rights, obligations or interests under such participation to other Persons without the prior written consent of the Administrative Agent (not to be unreasonably withheld).

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: of bribing a juror and conspiring to bribe public officials). We are, however, greatly disturbed by this "misappropriation.” 20 . Mr. DiTrapano did not comment on his authority to tell the bank falsehoods regarding his client’s intent to execute the loan documents, his client's intent to be jointly liable on the loan, and his own intent to take the loan documents to the client for the client’s signature. 21 . If Mr. DiTrapano’s law license had not already been annulled and the Court was instead deciding on an appropriate sanction, his failure to take full responsibility for his behavior would constitute an aggravating factor, potentially justifying an increase in the degree of discipline imposed. See syl. pt. 4, Lawyer Disciplinary Bd. v. Scott, 213 W.Va. 209, 579 S.E.2d 550 (2003) (<HOLDING>); Lawyer Disciplinary Bd. v. Aleshire, 230 Options: A. holding that the grand jury need not find nonstatutory aggravating factors B. holding that factors increasing a defendants sentence beyond the statutory maximum of the crime charged with the exception of prior convictions must be proven beyond a reasonable doubt C. holding that aggravating factors may justify increasing the degree of discipline imposed D. holding that if the imposition of the death penalty depends on the existence of aggravating factors a jury must find those factors beyond a reasonable doubt E. holding that danger must justify the degree of interference imposed

assistant: The best answer is C. holding that aggravating factors may justify increasing the degree of discipline imposed
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: Assuming the truth and completeness of the representations and warranties of Buyer contained in this Agreement and except as may result from any facts or circumstances relating solely to Buyer or any of its Affiliates, no consent or approval of or any material filing with, or any material authorization of or material designation or material declaration with, any Governmental Authority is required on the part of the Company with respect to the Company’s execution or delivery of this Agreement or the consummation by the Company of the transactions contemplated hereby, except for (a) applicable requirements of the HSR Act or any foreign competition Law and the French Foreign Investment Laws; (b) compliance with any applicable requirements of applicable securities Laws; (c) as otherwise disclosed on Schedule 4.5 ; and (d) the filing of the Certificate of Merger in accordance with the Act.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may terminate or restrict your use of our service if you violate these terms of use or are engaged in illegal or fraudulent use of the service .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Fourth Amendment protection as is the interior of a residence.” Rodriguez v. State, 106 S.W.3d 224, 228 (Tex.App.-Houston [1st Dist.] 2003, pet. ref'd), cert. denied, 540 U.S. 1189, 124 S.Ct. 1432, 158 L.Ed.2d 98 (2004). Nothing in the record indicates that Romo displayed any "no trespassing” signs or other evidence indicating that he wished to keep people off his property, and as previously articulated, the back driveway of the home was not enclosed, was open to the alleyway at the rear of the house, and gas meters were located on the driveway. 6 . The Rodriguez court states, "There is no legitimate expectation or interest in ‘privately’ possessing an illegal narcotic.” 106 S.W.3d at 229; see Wilson v. State, 98 S.W.3d 265, 272-73 (Tex.App.-Houston [1st Dist.l 2002, pet. ref'd) (<HOLDING>); see also United States v. Jacobsen, 466 U.S. Options: A. holding that a hotel guest has a legitimate expectation of privacy in his room during the period of time for which the room is rented B. holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest C. holding that canine sniff not a search under the fourth amendment D. holding that a dog sniff during a legitimate traffic stop does not constitute a search because there is no expectation of privacy in contraband and a dog sniff does not violate any privacy interest E. holding a dog sniff outside the defendants front door was not a fourth amendment search

assistant: The best answer is B. holding that a dog sniff of the area outside the door of a hotel room is not a search under the fourth amendment or the texas constitution because the dogs sniff does not explore the details of the hotel room and the sniff reveals nothing about the room other than the presence of cocaine in which there is no legitimate privacy interest
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: collective bargaining agreement is the subject of the dispute or the dispute is substantially dependent upon an analysis of the terms of a collective bargaining agreement. Therefore, an employer cannot ensure the preclusion of a plaintiff's claim merely by asserting certain CBA-based defenses to what is essentially a non-CBA-based claim, or by arguing that the action challenged by the plaintiff is arguably justified by the terms of a CBA. Nor will a claim be precluded merely because certain provisions of the CBA must be examined and weighed as a relevant but non-dispositive factor in deciding a claim or a defense.” (internal quotations and citations omitted)). 22 . 79 F.3d 485, 487-88 (5th Cir.1996). 23 . Id. at 487. 24 . Saridakis v. United Airlines, 166 F.3d 1272, 1277 (9th Cir.1999) (<HOLDING>); Felt v. Atchison, Topeka & Santa Fe Ry. Co., Options: A. holding the ada and the rehabilitation act applicable B. holding consortium claim unavailable under title vii and ada C. holding ada claim was discharged D. holding that ada claim is independent of cba and thus minor dispute E. holding that the ada does not contain a waiver of sovereign immunity and thus does not apply to the federal government

assistant: The best answer is D. holding that ada claim is independent of cba and thus minor dispute
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: L.Ed.2d 949 (2005) (noting that prison regulations that restrict a prisoner’s First Amendment rights are not unconstitutional if they are reasonably related to legitimate penological interests). A relationship between Mends is not privileged. A Mend’s mail does not enjoy Sixth Amendment protection or a presumption of confidentiality. The practical problem in this case is how Defendants may differentiate “legal mail” from a Mend’s letters. Plaintiffs’ arguments that (a) any publicly available document (whether or not a published case) must be available to Witherow without redaction and (b) any communication from Evans must be presumed “legal mail,” even in the face of a multi-faceted relationship, are not persuasive. See United States v. Griffin, 440 F.3d 1138, 1140-41 (9th Cir.2006) (<HOLDING>), cert. denied, 2006 WL 2066670 (U.S. Oct.2, Options: A. holding that the special relationship exception does not apply to the relationship between a student and a school B. holding that even where a client was more sophisticated in business matters than the lawyer himself the lawyer should have assumed the client was relying on the lawyer for the legal aspects of the loan from the client to the lawyer to the same extent that the client would rely on the lawyer for advice were the client making the loan to a third person C. recognizing the existence of the special relationship D. holding that attorneys should be disqualified where the substantial relationship test is met in order to assure that the confidentiality of the attorneyclient relationship and the loyalty between attorney and client are preserved E. recognizing that not all correspondence between a lawyer and a client are privileged depending on whether the two have a personal relationship separate and apart from the lawyerclient relationship

assistant: The best answer is E. recognizing that not all correspondence between a lawyer and a client are privileged depending on whether the two have a personal relationship separate and apart from the lawyerclient relationship
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: You will receive an indemnification agreement for your service as an officer of the Company consistent with indemnification agreements in place with other executive officers of the Company. As an officer of the Company, you will also be included in the Company’s annual Director and Officer Insurance program.

assistant: Indemnifications
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 shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrowers nor any other Credit Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (f) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors