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: to establish ineffective assistance of trial counsel by showing that they should have done something more or something different instead of showing that no reasonable attorney would have done what Hart and Downs did given the facts and circumstances of this particular case. At the evidentiary hearing, Taylor’s primary witness was Dr. Drob. The bulk of Drob’s testimony was that, at the time of Taylor’s trial, there was, in his opinion, evidence that he suffered from certain mental illnesses that could have been considered by the jury and the court in mitigation. Though the Court allowed Drob to express his opinion about what he considered to be mitigating, the Court is aware that such testimony would not have been permitted at Taylor’s trial. See, Waters v. Thomas, 46 F.3d at 1506 (<HOLDING>). Further, Dr. King testified for the State Options: A. holding that expert testimony should be excluded when jury is equally competent to form an opinion about ultimate fact issue or experts testimony is within jurys common knowledge B. holding that the court is limited in amending a verdict after discharge of the jury and cannot invade the province of the jury C. holding that the trial court correctly refused to give the jury a peremptory instruction on the f2 mitigating circumstance when an expert testified about inconsistent diagnoses of the defendant thereby making evidence of the defendants mental or emotional disturbance not uncontroverted D. holding that a jury does not invade the province of the board when it determines the probability of a capital defendants future dangerousness E. holding that no mental health expert is competent to express an opinion about whether a particular set of facts constitutes a mitigating circumstance because that would invade the province of the judge and jury

assistant: The best answer is E. holding that no mental health expert is competent to express an opinion about whether a particular set of facts constitutes a mitigating circumstance because that would invade the province of the judge and jury
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: Your employment under this Agreement shall terminate immediately upon your death, and the Company shall have no further obligations under this Agreement, except to pay to your estate (or your beneficiary, as may be appropriate) (a) any Base Salary earned through your date of death, to the extent theretofore unpaid, (b) a pro-rated discretionary Incentive Bonus Payment for the year in which your death occurs, equal to the product of (i) the actual Incentive Bonus Payment for the year of termination multiplied by (ii) a fraction, the numerator of which is the number of completed days in the year of termination during which you were employed by the Company and the denominator of which is 365, and provided that such amount will be paid in the normal course and shall only be paid if you would have become entitled to such amount if you had not terminated yours employment, and (c) such retirement and other benefits earned and vested (if applicable) by you as of the date of your death under any U.S. law governed employee benefit plan of the Company in which you participate, including without limitation all vested benefits due under the SERP and other U.S. retirement plans, all of the foregoing to be paid in the normal course for such payments and in accordance with the terms of such plans.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Participant dies during his period of service as a Director, then, in addition to the DSUs vested as of the date of death under Section 2(a), the DSUs scheduled to vest on the next scheduled Vesting Date shall also vest on the date of death.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Subsidiaries to, (i) comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property (including without limitation Environmental Laws) and (ii) perform in all material respects its obligations under material agreements to which it is a party, in each case except where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect. The Borrower shall, and shall ensure that each of its Affiliates will, comply in all material respects with all foreign and domestic laws, rules and regulations (including the USA Patriot Act, foreign exchange control regulations, foreign asset control regulations and other trade-related regulations) now or hereafter applicable to any credit extended under this Agreement or the execution, delivery and performance of the Loan Documents by each Loan Party party thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee shall be paid an initial annualized Base Salary, payable in accordance with the regular payroll practices of the Company, of RMB 3,750,000. The Company will review the Base Salary on a regular basis and make adjustments as determined by the Compensation Committee, in its sole discretion.

assistant: Base Salary
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 headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and the neuter, and vice versa. This Agreement shall not be construed against either the Company or the Withdrawing Member but shall be construed as a whole, in accordance with its fair meaning, and as if prepared by the Company and the Withdrawing Member jointly.

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: Employer shall pay or reimburse Executive for all reasonable expenses actually incurred or paid by Executive during the Term in connection with the performance of Executive’s services hereunder upon presentation of expense statements, vouchers or other supporting documentation as Employer may require of Executive; provided such expenses are otherwise in accordance with Employer’s policies. Executive shall undertake such travel as may be required in the performance of Executive’s duties pursuant to this Agreement. Under no circumstances shall the Employer’s reimbursement for expenses incurred in a calendar year be made later than the end of the next following calendar year; provided, however, this requirement shall not alter the Employer’s obligation to reimburse Executive for eligible expenses on a current basis.

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 case excerpt and choose the best holding from the options. Case excerpt: and acceptance of responsibility as mitigating factors. See Sensback, 720 N.E.2d at 1164-1165. 2. Lack of Criminal History Page argues that the trial court gave no weight to his lack of criminal history. We disagree. The trial court recognized Page’s lack of criminal history as a miti-gator but discounted the value of this miti-gator. Specifically, the trial court stated, “The court finds as mitigating circumstances that he has some criminal history, arguably it’s not significant, but a weapons charge and another pending crime of violence along with these three crimes of violence, I don’t think the mitigators are worth much.” Transcript at 34. Page asks us to review the weight given to this mitigating factor for abuse of discretion, which we cannot do. See Anglemyer, 868 N.E.2d at 491 (<HOLDING>). B. Aggravators Page appears to argue that the Options: A. holding that the trial court did not abuse its discretion when it gave aggravating factors considerable weight B. holding that the relative weight or value assignable to aggravating and mitigating factors properly found is not subject to review for abuse of discretion C. holding that a trial courts weighing of mitigating and aggravating factors will not be disturbed absent a showing that the trial court abused its discretion D. holding that trial court retains wide discretion to apply or reject mitigating and aggravating factors as well as to interpret meaning of individual factors and its determination must be upheld absent abuse of discretion 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 the relative weight or value assignable to aggravating and mitigating factors properly found is not subject to review for abuse of discretion
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: responds that Appellant’s challenges to the sufficiency of the evidence supporting his convictions of burglary and robbery are waived because he failed to include them in his Pa.R.A.P. 1925(b) Statement of Matters Complained of on Appeal. It maintains that the only challenge to the sufficiency of the evidence set forth in Appellant’s 1925(b) statement involved his first degree murder conviction. The record supports the Commonwealth’s contention in this regard. Because Appellant did not include in his 1925(b) statement challenges to the sufficiency of the evidence supporting his convictions of robbery and burglary, these claims are waived on appeal. See Commonwealth v. Castillo, 585 Pa. 895, 888 A.2d 775, 780 (2005) (citing Commonwealth v. Lord, 553 Pa. 415, 719 A.2d 306, 309 (1998)) (<HOLDING>); see also Commonwealth v. Wholaver, 588 Pa. Options: A. holding that where a trial court directs a defendant to file a concise statement pursuant to parap 1925 any issues not raised in that statement shall be waived B. holding that issue not raised in a statement filed pursuant to parap 1925b is waived for purposes of appeal C. holding that in order to preserve their claims for appellate review appellants must comply whenever the trial court orders them to file a statement of matters complained of on appeal pursuant to pa rap 1925b any issues not raised in a parap 1925b statement will be deemed waived D. holding any issues not raised in a rule 1925b statement will be deemed waived E. holding under parap 302a issue not raised until after summary judgment was granted and then only in a statement of matters complained of on appeal was waived for purposes of appeal

assistant: The best answer is C. holding that in order to preserve their claims for appellate review appellants must comply whenever the trial court orders them to file a statement of matters complained of on appeal pursuant to pa rap 1925b any issues not raised in a parap 1925b statement will be deemed waived
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: F.Supp.2d 800, 803 (N.D.Ill.2002) (finding § 502(a)(3) prohibited the plan from seeking to impose a trust on potential proceeds the injured party might recover in his action against the tortfea-sor stating that "[ajllowing suits of this nature would allow parties to circumvent the statute based simply on when they file the lawsuit, rather than the relief they desire”), and Primax Recoveries Inc. v. Carey, No. 00-cv-8337, 2002 WL 1968339, at *3 n. 5 (S.D.N.Y. Aug.23, 2002) (finding the request for an equitable lien against future settlement is barred by Great-West "because they are the entirely hypothetical fruit of a potential future settlement that does not yet exist and may never come into being at all”), with Primax Recoveries Inc. v. Duffy, 204 F.Supp.2d 1111, 1113 (N.D.Ill.2002) Options: A. holding that kentucky high school athletic associa tion qualified as agent of the state and as recipient of federal funds so as to be subject to title ix when association received dues from member schools which received federal funds B. holding that a bank which does no more than hold plan funds and generate reports is not a fiduciary C. holding that ncaa was not an indirect recipient of federal funds even though it received dues from schools that received federal funds D. holding that a college received federal funds where the funds were granted to its students as financial aid rather than directly to the college because the language of the section does not distinguish between direct and indirect receipt of federal funds E. holding greatwest bars a plan fiduciary seeking enforcement of a subrogation clause from settlement funds already received but does not bar a lien on specific funds yet to be received

assistant: The best answer is E. holding greatwest bars a plan fiduciary seeking enforcement of a subrogation clause from settlement funds already received but does not bar a lien on specific funds yet to be received
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: statements were improperly entered into evidence. The statements the IJ relied upon were based in large part on personal knowledge. Even accepting the petitioner’s argument that some of the statements amounted to hearsay, hearsay is admissible in removal proceedings, so this argument does not require further discussion. See Ogbolumani v. Napolitano, 557 F.3d 729, 734 (7th Cir.2009). She also disputes credibility determinations the IJ made in favor of the government’s witnesses, even though specific reasons were given for making such determinations and many were supported by documentary evidence in the record. Since we defer to credibility determinations made below, this argument similarly merits no further discussion. See Shmyhelskyy v. Gonzales, 477 F.3d 474, 479 (7th Cir.2007) (<HOLDING>); Capric v. Ashcroft, 355 F.3d 1075, 1086 (7th Options: A. holding that cjredibility determinations the weighing of the evidence and the drawing of legitimate inferences from the facts are not functions of a judge ruling on a motion for summary judgment B. holding that credibility determinations are reviewed only for substantial evidence C. holding that cjredibility determinations are questions of fact and should only be overturned in extraordinary circumstances D. holding that credibility determinations are for the jury E. holding that issues of discriminatory intent and actual motivation are questions of fact for the trier of fact

assistant: The best answer is C. holding that cjredibility determinations are questions of fact and should only be overturned in extraordinary circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: This argument is foreclosed by our holding in United States v. Driskell, 277 F.3d 150 (2d Cir.2002), that a youthful offender adjudication remains a conviction in substance, regardless of its characterization under New York law. In considering whether a conviction later vacated by a youthful offender adjudication could be used to calculate a defendant’s criminal history pursuant to U.S.S.G. § 4A1.1 and 4A1.2(d), we examined New York’s treatment of youthful and juvenile offenders, and concluded that a youthful offender adjudication is intended not to absolve youthful offenders of criminal responsibility, but rather, to punish them for their crimes while aiding in their post-conviction rehabilitation. Id. at 155; see also United States v. Matthews, 205 F.3d 544, 548-49 (2d Cir.2000) (<HOLDING>). Because an eligible youth is not deemed a Options: A. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category B. holding that district courts should look to the substance of the past conviction when determining whether a youthful offender conviction should be considered an adult conviction for the pur poses of including criminal history points under ussg 4a11 and 4a12 C. holding that an adjudication under new yorks youthful offender statute does not operate as an expungement of the defendants conviction and the conviction may be considered in calculating criminal history D. holding that a conviction vacated pursuant to article 440 of the new york criminal procedure law which is neither an expungement statute nor a rehabilitative statute did not constitute a conviction for immigration purposes E. holding that a juvenile adjudication may be used as a prior conviction for apprendi purposes

assistant: The best answer is C. holding that an adjudication under new yorks youthful offender statute does not operate as an expungement of the defendants conviction and the conviction may be considered in calculating criminal history
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: when you upload , submit , store , send or receive content to or through our services , you give google ( and those we work with ) a worldwide license to use , host , store , reproduce , modify , create derivative works ( such as those resulting from translations , adaptations or other changes we make so that your content works better with our services ) , communicate , publish , publicly perform , publicly display and distribute such content .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, the Administrative Agent shall make all payments in respect of the Assigned Interest (including payments of principal, interest, fees and other amounts) to the Assignor for amounts which have accrued to but excluding the Effective Date and to the Assignee for amounts which have accrued from and after the Effective Date. All payments to Assignee under the Loan Agreement shall be made as provided in the Loan Agreement in accordance with the separate instructions delivered to Administrative Agent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an amount greater than $70,000, the full rescissory recovery to which the plaintiffs would be entitled ($1,062,796, representing the capital invested by the partners plus interest). Accordingly, the plaintiffs have, in effect, already recovered the fees paid to the CPA, and we need not decide if those fees would otherwise qualify as consequential damages. Ill Because the partnerships have already recovered all the “actual damages” to which the partners may be entitled under section 28(a), they are not entitled to any additional recovery. Accordingly, we affirm the district court’s order that the plaintiffs “take nothing” from Terner. AFFIRMED. 1 .The case has already spawned a number of interlocutory rulings by this court. See DCD Programs, Ltd. v. Leighton, 833 F.2d 183 (9th Cir.1987) (<HOLDING>); DCD Programs, Ltd. v. Leighton, 846 F.2d 526 Options: A. holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint B. holding that appellate court should overturn a district courts denial of a motion to amend a complaint only if the district court has abused its discretion C. holding that there is no indication that the district court abused its discretion in denying the discoverysanction motion D. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint E. holding that bia abused its discretion in denying motion to reopen

assistant: The best answer is A. holding that district court abused its discretion by denying plaintiffs motion to file fourth amended complaint
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: explained in Jessup v. Luther, “[r]epresenta-tives of the press and general public must be given an opportunity to be heard on the question of ... access to documents.” 227 F.3d 993, 997 (7th Cir. 2000); see also Corbitt, 879 F.2d at 228-29 (entertaining newspaper’s request to see sealed pre-sen-tence report, and analogizing pre-sentence report to grand jury materials). To hold otherwise would raise First Amendment concerns. Cf. United States v. Edwards, 672 F.2d 1289, 1294 (7th Cir. 1982) (recognizing that the “common law right” of public access to- court records “supports and furthers many of the same interests which underlie those freedoms protected by the constitution”); Globe Newspaper Co. v. Sup. Ct. for Norfolk Cnty., 457 U.S. 596, 604, 607, 102 S.Ct. 2613, 73 L.Ed.2d 248 (1982) (<HOLDING>); Butterworth v. Smith, 494 U.S. 624, 630, 110 Options: A. holding that reasonable access includes general facility access without notice and patient access with twentyfour hour notice B. holding that the first amendment right of access applies to a summary judgment motion in a civil case C. holding that there is no first amendment right of access to presentence reports D. holding first amendment guarantees access to criminal trials and limitations on access are subject to strict scrutiny E. holding that although prison inmates have a first amendment right to access to the courts prison officials may regulate law library access including reasonable time place and manner of access taking into account the administrative needs of the institution

assistant: The best answer is D. holding first amendment guarantees access to criminal trials and limitations on access are subject to strict scrutiny
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: official. Kroll v. Bd. of Trustees of the Univ. of Ill., 934 F.2d 904, 907 (7th Cir.1991). The Eleventh Amendment provides that, “[t]he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” U.S. Const, amend. XI. Under the Eleventh Amendment, each state remains a sovereign entity and may not be sued by any individual without that state’s consent. See Seminole Tribe of Florida v. Florida, 517 U.S. 44, 54, 116 S.Ct. 1114, 134 L.Ed.2d 252 (1996). Federal district courts lack original subject matter jurisdiction over claims barred by the Eleventh Amendment. Porter v. Illinois, 36 F.3d 684, 691 (7th Cir.1994) (<HOLDING>). Specifically, the Eleventh Amendment bars Options: A. holding that barring waiver by the state the eleventh amendment precludes federal courts from hearing state claims brought against state officials in their official capacities B. holding that states and state officials acting in their official capacities are not persons subject to liability under 1983 C. holding that neither a state nor its officials acting in their official capacities are persons under 1983 D. holding that an action brought against the state officials in their official capacities was not properly removed to federal court because the district court lacked jurisdiction E. holding that such claims however cannot be brought directly against the state or a state agency but only against state officials in their official capacities

assistant: The best answer is D. holding that an action brought against the state officials in their official capacities was not properly removed to federal court because the district court lacked jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period (as defined in Section 4 ), the Company shall employ Employee, and Employee shall serve, as of the Company and in such other position or positions as may be assigned from time to time, with Employee’s consent, by the [Company] [board of directors (the “ Board ”) of KLR Energy Acquisition Corp., a Delaware corporation that is expected to be converted into Rosehill Resources Inc. in connection with the closing of the transaction contemplated by the Business Combination Agreement (as defined below) and parent of the Company (the “ Parent ”)].

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Save as otherwise provided in Schedule 2.03 Longbau does not have any predecessor corporation(s), no subsidiaries, and does not own, beneficially or of record, any shares of any other corporation.

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: Unless otherwise set forth in the Plan or determined by the Administrator, all expenses of administering the Plan, including expenses incurred in connection with the purchase of Shares for sale to Participating Employees, shall be borne by the Company and its Subsidiaries or Affiliates.

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: During the Employment Term, Employee will be eligible to accrue paid vacation of up to 20 days per calendar year, prorated for any partial calendar year of employment, in accordance with the Company’s standard vacation policy (including, without limitation, its policy on the maximum accrual, carry-over and payout), with the timing and duration of specific vacations mutually and reasonably agreed to by Employee and the Company.

assistant: Vacations
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 otherwise expressly permitted by this Repurchase Agreement, all notices, requests and other communications provided for herein and under the Custodial Agreement (including without limitation any modifications of, or waivers, requests or consents under, this Repurchase Agreement) shall be given or made in writing (including without limitation by telex or facsimile) delivered to the intended recipient at the “Address for Notices” specified below its name on the signature pages hereof or thereof); or, as to any party, at such other address as shall be designated by such party in a written notice to each other party. Except as otherwise provided in this Repurchase Agreement and except for notices given under Section 2 (which shall be effective only on receipt), all such communications shall be deemed to have been duly given when transmitted by telex or facsimile or personally delivered or, in the case of a mailed notice, upon receipt, in each case given or addressed as aforesaid.

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: The Company is entitled to (a) withhold and deduct from future wages of Optionee (or from other amounts that may be due and owing to Optionee from the Company or a Subsidiary), or make other arrangements for the collection of, all amounts the Company reasonably determines are necessary to satisfy any and all federal, foreign, state and local withholding and employment related tax requirements attributable to the Option, including, without limitation, the grant, exercise or vesting of, the Option; (b) withhold cash paid or payable or shares of Common Stock from the shares issued or otherwise issuable to Optionee in connection with the Option; or (c) require Optionee promptly to remit the amount of such withholding to the Company before taking any action, including issuing any shares of Common Stock, with respect to the Option. Shares of Common Stock issued or otherwise issuable to Optionee in connection with the Option that gives rise to the tax withholding obligation that are withheld for purposes of satisfying Optionee’s withholding or employment-related tax obligation will be valued at their Fair Market Value on the Tax Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of this Warrant shall be governed by and construed and enforced in accordance with the internal laws of the State of Texas, without regard to the principles of conflict of laws thereof. Each party agrees that all legal proceedings concerning the interpretation, enforcement and defense of this Warrant shall be commenced in the state and federal courts sitting in the City of Houston, County of Harris (the “ Texas Courts ”). Each party hereto hereby irrevocably submits to the exclusive jurisdiction of the Texas Courts for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein, and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of such Texas Courts, or such Texas Courts are improper or inconvenient venue for such proceeding. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Warrant. If any party shall commence an action or proceeding to enforce any provisions of this Warrant, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its attorneys’ fees and other costs and expenses incurred in the investigation, preparation and prosecution of such action or proceeding.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: vehicles. The endorsement listed no additional charge for the "non-owned" portion and $108 per year for the "hired" portion, for $1 million in coverage. Putting aside actuarial questions as to what a "reasonable" insurance company might charge for this coverage and whether such charge might be partially included in the overall premium for the policy, this argument fails to create a material issue of fact with respect to Monroe's seeking reformation of the policy. That Monroe might have intended to exclude coverage for IU students driving IU vehicles and charged a premium accordingly again only reveals a mistake on its part in the drafting of the endorsement, not a mistake on IU's part. See First Equity Sec. Life Ins. Co. v. Keith, 164 Ind.App. 412, 419-20, 329 N.E.2d 45, 50 (1975) (<HOLDING>). Second, Monroe directs us to a page in a Options: A. holding that an insurance company may limit coverage only if the limitation does not contravene public policy B. holding that liability insurance policy that expressly excluded coverage for the insureds intentional acts did not cover punitive damages award assessed against the insured and stating in dictum that public policy forbids insurance coverage for punitive damages C. holding evidence including that insurer only charged life insurance premium that would ordinarily apply to onehalf the amount of coverage actually permitted by policy as written did not warrant retroactive reformation of policy to reduce coverage amount because it did not demonstrate mistake on insureds part and insurance company did not present evidence on what parties agreed to before the policy was issued D. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage E. holding that when an insurance policy contains an antistacking clause the insurance company must obtain a written rejection of um coverage for each additional vehicle covered by a policy in order to clarify the insureds expectations and to make certain that the insured gets only what he or she has paid for

assistant: The best answer is C. holding evidence including that insurer only charged life insurance premium that would ordinarily apply to onehalf the amount of coverage actually permitted by policy as written did not warrant retroactive reformation of policy to reduce coverage amount because it did not demonstrate mistake on insureds part and insurance company did not present evidence on what parties agreed to before the policy was issued
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 provided herein, this Agreement contains the entire agreement between Employer and Employee with respect to the subject matter hereof and from and after the Effective Date supersedes and invalidates all previous employment and severance agreements with Employee. No representations, inducements, promises or agreements, oral or otherwise, which are not embodied herein shall be of any force or effect.

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: or visit the child, and failure to participate in a reunification plan}. 11 . E.J.S. v. State, Dep't of Health & Soc. Servs., 754 P.2d 749, 751 (Alaska 1988). 12 . Id. (quoting D.M. v. State, 515 P.2d 1234, 1237 (Alaska 1973)). 13 . Id. See also Nada A. v. State, 660 P.2d 436, 439 (Alaska 1983) (indicating that while involuntary incarceration might not suffice to establish abandonment, an eight-month voluntary absence prior to incarceration would) legislatively overruled on other grounds, § 1, ch. 99, SLA 1998. 14 . 956 P.2d 477 (Alaska 1998). 15 . Id. at 482. See also E.J.S., 754 P.2d at 751 (affirming finding of abandonment based on father's failure to make reasonable efforts to locate and communicate with his daughter for five years); In re B.J., 530 P.2d 747, 750 (Alaska 1975) (<HOLDING>). 16 . AS 47.10.088(a)(2). 17 . AS Options: A. holding the evidence was sufficient to support termination under subsection n when after release from prison the defendant was advised of visitation but only visited with his children twice and made no further efforts to be involved with them and a case worker testified that all reasonable efforts were made to return the children to the parents B. holding that fathers failure to acquire suitable home for his children pay even nominal child support visit or correspond with his children or make efforts to secure permanent employment were sufficient to demonstrate conscious disregard of his parental obligations C. holding that a parents responsibility to support his children is not suspended upon his incarceration and that imprisonment cannot be used as an excuse to escape parental obligations D. holding that husbands knowledge of his obligation of support and his subsequent election to enter employment that would substantially reduce his income and make it impossible to meet his obligations would not justify reduction in support E. recognizing that fathers parental rights were terminated based upon his incarceration and his behavior while in prison his history of substance abuse and the fact that his child support payments are in arrears

assistant: The best answer is B. holding that fathers failure to acquire suitable home for his children pay even nominal child support visit or correspond with his children or make efforts to secure permanent employment were sufficient to demonstrate conscious disregard of his parental obligations
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 action brought by either party against the other concerning the transactions contemplated by or arising under this Agreement shall be brought only in the state or federal courts of Pennsylvania and venue shall be in Bucks County or appropriate federal district and division. The parties to this Agreement hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens.

assistant: Venues
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 Commitments shall terminate on the Commitment Termination Date. If the total Commitments in effect on the Effective Date are not drawn on the Effective Date, the undrawn amount shall automatically be cancelled.

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 case excerpt and choose the best holding from the options. Case excerpt: Retirement Account having been heard, and the court having rendered a ruling sustaining the objection, it is ORDERED that the debtor’s amended exemption of $15,000 held in his Individual Retirement Account is denied. 1 . In other federal nonbankruptcy statutes exempting certain government benefits from creditor process, Congress has provided, using language substantially different than the language in § 522(d)(10), that the exemption runs to proceeds held by the beneficiary. See, e.g., 42 U.S.C. § 407(a) (providing in the case of social security benefits that "[n]one of the moneys paid ... shall be subject to execution, levy, attachment, garnishment, or other legal process”); see also Philpott v. Essex County Welfare Bd., 409 U.S. 413, 416, 93 S.Ct. 590, 592, 34 L.Ed.2d 608 (1973) (<HOLDING>). 2 . The Wisconsin statute interpreted by the Options: A. holding parent entitled to credit for any social security disability benefits paid to child as a result of parents disability B. holding that social security benefits paid to beneficiary retained their exempt status pursuant to 407 so long as the funds were invested such that they remained readily withdrawable C. holding that under 42 usc 407a social security benefits commingled with other nonexempt funds in a bank account remain exempt if the funds are reasonably traceable to social security income D. holding that use of social security benefits satisfied child support obligation E. holding that under 42 usc 407a social security benefits commingled with other nonexempt funds in a bank account remain exempt if the funds are reasonably traceable to social security income on a firstin firstout basis

assistant: The best answer is B. holding that social security benefits paid to beneficiary retained their exempt status pursuant to 407 so long as the funds were invested such that they remained readily withdrawable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding Section 2.2(d) herein, the Administrator may accelerate the vesting of all or a portion of the RSUs in such circumstances as it, in its sole discretion, may determine. Participant acknowledges that the RSUs and the Shares subject to the RSUs are subject to adjustment, modification and termination in certain events as provided in this Agreement and the Plan, including Section 13.2 of the Plan (subject to the terms of Section 2.1(b) hereof).

assistant: Adjustments
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: or therapist-client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class F felony. Consent is not an issue in an action under this subsection. Section 940.22(2). ¶ 9. To obtain a conviction for a violation of Wis. Stat. § 940.22(2), the State must prove three elements beyond a reasonable doubt: (1) that the defendant was or held himself or herself out to be a therapist; (2) that the defendant had intentional sexual contact with a patient or client; and (3) that the sexual contact occurred during an ongoing therapist-patient or therapist-client relationship. State v. Miller, 2002 WI App 197, ¶ 17 n.5, 257 Wis. 2d 124, 650 N.W.2d 850; see also State v. Ambrose, 196 Wis. 2d 768, 777, 540 N.W.2d 208 (Ct. App. 1995) (<HOLDING>). ¶ 10. DeLain contends there was not Options: A. holding that the actor and the complainant must be engaged in a professional therapistpatientclient relationship B. holding that before a duty can be imposed there must be a relationship between the parties and the harm must have been foreseeable C. holding that the special relationship exception does not apply to the relationship between a student and a school D. holding the state must prove that at the time of the homicide the defendant was engaged in the commission of the felony E. recognizing limited thirdparty rights in the context of an attorneyclient professional relationship where the plaintiff was the intended beneficiary of the prevailing standard of care

assistant: The best answer is A. holding that the actor and the complainant must be engaged in a professional therapistpatientclient 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 case excerpt and choose the best holding from the options. Case excerpt: that the Department should have conducted an evi-dentiary hearing to provide Petitioner the opportunity to introduce evidence to prove that the layout of Sal’s prevented as much as possible the flow of secondhand smoke into the areas of the restaurant that do not constitute a Type II Drinking Establishment, i.e., the hallway and dining room. However, while section 504 of the Administrative Agency Law, 2 Pa.C.S. § 504, mandates that a party receive an opportunity to be heard, that opportunity does not require the equivalent of an evi-dentiary hearing in every case. Manor v. Department of Public Welfare, 796 A.2d 1020 (Pa.Cmwlth.2002). Where there is no issue of fact to be decided, an evidentiary hearing is unnecessary. See Gruff v. Department of State, 913 A.2d 1008 (Pa. Cmwlth.2006) (<HOLDING>). Here, the only issue in dispute is whether Options: A. holding that where no factual dispute is raised no hearing is required B. holding that contested factual issues in 2255 cases must be decided on the basis of an evidentiary hearing not affidavits C. holding that an evidentiary hearing is not required if there are no factual issues in dispute D. holding that an evidentiary hearing is necessary only if the party requesting the hearing raises a significant disputed factual issue E. holding that defendant bears the burden of showing there are material facts in dispute and an evidentiary hearing is only required when the motion to suppress raises factual allegations that are sufficiently definite specific detailed and nonconjectural to enable the court to conclude that contested issues of fact going to the validity of the search are in issue

assistant: The best answer is C. holding that an evidentiary hearing is not required if there are no factual issues in 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 legal provision and list the applicable contract clause categories. Provision: Each member of the ERISA Group has fulfilled its obligations under the minimum funding standards of ERISA and the Code with respect to each Plan and is in compliance in all material respects with the presently applicable provisions of ERISA and the Code with respect to each Plan, except where the failure to so fulfill such obligations and such noncompliance could individually, or together with all such failures to fulfill such obligations and all such noncompliance could reasonably be expected to result in a Material Adverse Effect. No member of the ERISA Group has (i) sought a waiver of the minimum funding standard under Section 412 of the Code in respect of any Plan, (ii) failed to make any contribution or payment to any Plan or Multiemployer Plan or in respect of any Benefit Arrangement, or made any amendment to any Plan or Benefit Arrangement, which has resulted or could result in the imposition of a Lien or the posting of a bond or other security under ERISA or the Code or (iii) incurred any liability under Title IV of ERISA other than a liability to the PBGC for premiums under Section 4007 of ERISA, which waiver, failure, amendment or liability individually, or collectively with all such waivers, failures, amendments or liabilities, could reasonably be expected to result in a Material Adverse Effect.

assistant: Erisa