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: could intimidate or harass potential defense witnesses to discourage them from testifying — for example, by threatening them with prosecution for perjury or other offenses. Where such intimidation tactics cause a potential witness to invoke the fifth amendment and withhold testimony that otherwise would have been available to the defendant, a court may order the prosecutor to grant immunity to the witness or face a judgment of acquittal. See, e.g., United States v. Pinto, 850 F.2d 927, 932 (2d Cir.), cert. denied, — U.S. -, 109 S.Ct. 174, 102 L.Ed.2d 143 (1988); Hooks, 848 F.2d at 799; United States v. Lord, 711 F.2d 887, 891 (9th Cir.1983); United States v. Morrison, 535 F.2d 223, 229 (3d Cir.1976). Cf. Webb v. Texas, 409 U.S. 95, 98, 93 S.Ct. 351, 353, 34 L.Ed.2d 330 (1972) (<HOLDING>). Second, the government could intentionally Options: A. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand B. holding that a judges lengthy perjury warnings to a defense witness effectively drove the witness off the stand thereby denying the defendant his due process right to present his defense C. holding that warnings given to a witness by the trial court and the prosecutor concerning the possibility that testifying could place the witness in jeopardy of revocation of his plea agreement and charges of perjury or false statement did not violate the defendants due process rights because the warnings merely corroborated in a straightforward and nonthreatening manner the information given by the witness attorney D. holding right to present a defense was violated when the trial judge singled out and admonished a defense witness about the risks of perjury in unnecessarily strong terms E. holding that a trial judges action in singling out a defense witness for a lengthy admonition on the dangers of perjury effectively drove that witness off the stand and thus deprived the defendant of due process of law under the fourteenth amendment

assistant: The best answer is B. holding that a judges lengthy perjury warnings to a defense witness effectively drove the witness off the stand thereby denying the defendant his due process right to present his defense
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 legal action or proceeding with respect to this Agreement shall be brought exclusively in the courts of the State of New York located in the City of New York, Borough of Manhattan, or of the United States of America sitting in the Southern District of New York and, by execution and delivery of this Agreement, each party hereto (including each Loan Party by its acknowledgment and agreement hereto) hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Such parties hereby irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens, that any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions.

assistant: Submission To 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: In the event that you or any of your representatives received a request or are required (by deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process) to disclose all or any part of the Evaluation Materials, you or your representatives, as the case may be, agree to (i) immediately notify the Company of the existence, terms and circumstances surrounding such request,

assistant: Yes
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: in defending the action against the insured, unless conflict of interest or other harm is clear and unmistakable. 14 Couch on Ins.3d §§ 202:67-69. Although the Louisiana Supreme Court in Steptore did not expressly address the prejudice requirement, it implicitly recognized that prejudice arises when a conflict of interest exists between an insurer and its insured, reasoning that “waiver principles are applied stringently to uphold the prohibition against conflicts of interest between the insurer and the insured which could potentially affect legal representation in order to reinforce the role of the lawyer as the loyal advocate of the client’s interest.” Steptore, 93-2064 at p. 4, 643 So.2d at 1216; see Parsons v. Continental Nat’l Am. Group, 113 Ariz. 223, 228, 550 P.2d 94, 99 (1976)(<HOLDING>). A prompt reservation of rights letter serves Options: A. recognizing that a conflict of interest may provide the source of prejudice upon which an insured may rely to estop an insurer from denying coverage B. holding that if an insurer intended to exclude insured contracts from the provision denying coverage for injuries to employees it could have expressly stated as such C. holding that insured may recover from its insurer any attorney fees incurred in successfully attempting to force the insurer to defend an action against the insured D. holding that if an insurer denies coverage based on an assertion that the underlying claim is excluded from coverage there is a presumption that the insurer did not suffer prejudice because prompt notice would have merely resulted in an earlier denial of coverage E. recognizing that a court may rely on matters of which a court may take judicial notice

assistant: The best answer is A. recognizing that a conflict of interest may provide the source of prejudice upon which an insured may rely to estop an insurer from denying coverage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications hereunder will be in writing and effective only on receipt, and, if sent to the Representative, will be mailed, delivered or telefaxed to the Citigroup General Counsel (fax no.: (646) 291-1469) and confirmed to Citigroup at 388 Greenwich Street, New York, New York 10013, Attention: General Counsel; or, if sent to the Company, will be mailed, delivered or telefaxed to 972-556-6119 and confirmed to it at 6555 Sierra Drive, Irving, Texas 75039, attention of the Legal Department.

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 and the Participant acknowledge and agree that during the Participant’s employment with the Company, the Participant will have access to and may assist in developing Confidential Information and will occupy a position of trust and confidence with respect to the affairs and business of the Company and its Affiliates. The Participant agrees that the obligations set forth in this Section 7 are necessary to preserve the confidential and proprietary nature of Confidential Information and to protect the Company and its Affiliates against harmful solicitation of employees and customers, harmful competition and other actions by the Participant that would result in serious adverse consequences for the Company and its Affiliates.

assistant: Confidentiality
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: ”). But because the District of Columbia’s laws prevented persons from possessing firearms even for self-defense in the home, they were unconstitutional under any form of means-end scrutiny applicable to assess the validity of limitations on constitutional rights. Id. at 2817-18 (“Under any of the standards of scrutiny that we have applied to enumerated constitutional rights ... [the statutes] would fail constitutional muster.” (citation and footnote omitted)). As we read Heller, it suggests a two-pronged approach to Second Amendment challenges. First, we ask whether the challenged law imposes a burden on conduct falling within the scope of the Second Amendment’s guarantee. Cf. United States v. Stevens, 533 F.3d 218, 233 (3d Cir.2008), aff'd — U.S.-, 130 S.Ct. 1577, 176 L.Ed.2d 435 (<HOLDING>). If it does not, our inquiry is complete. If Options: A. holding that protected speech cannot serve as the basis for a violation of city ordinances at issue B. recognizing criticisms of public officials is at core of speech protected by first amendment C. holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court D. recognizing the preliminary issue in a first amendment challenge is whether the speech at issue is protected or unprotected E. holding that when protected speech is inextricable from unprotected speech the court will treat the entire message as protected

assistant: The best answer is D. recognizing the preliminary issue in a first amendment challenge is whether the speech at issue is protected or unprotected
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: with the conditions contained in the subcontracts. [Shaw] also assumes all obligations and liabilities of, and all claims against, the [Debtor] under the subcontracts as if [Shaw] were the original party to the subcontracts. The [Debtor] is relieved of liability for all claims in connection with performance of the contracts, before or after May 3, 2002, in accordance with the terms of the Sale Order. Paragraph (b)(9) provides further that the TSCA and Tank Contracts “shall remain in full force and effect, except as modified by this Agreement.” The Court finds this argument unpersuasive. The TSCA and Tank Contracts were novated by the Sale Order even without the subsequent Novation Agreement. American Flint Glass Workers Union v. Anchor Resolution Corp., 197 F.3d 76, 80 (3d Cir.1999) (<HOLDING>). As discussed above, the Sale Order nullified Options: A. holding that assumption and assignment pursuant to section 365 effects a novation by operation of law whether or not the obligee consents B. holding the statute of frauds does not apply to constructive trusts which are implied by operation of law C. holding that if claim is not an allowed secured claim pursuant to section 506a by its terms section 1325a5b is inapplicable D. holding a fine pursuant to section 775083 was discretionary and because it and its accompanying surcharge pursuant to section 93804 were not specifically announced during the sentencing hearing they should be stricken E. holding that a charter county may assess a fee pursuant to florida statute section 3374013 and is not expressly or impliedly preempted by federal or state law

assistant: The best answer is A. holding that assumption and assignment pursuant to section 365 effects a novation by operation of law whether or not the obligee 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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions and in reliance upon the representations and warranties herein set forth, the Issuers agree to sell to each Initial Purchaser, and each Initial Purchaser agrees, severally and not jointly, to purchase from the Issuers, at a purchase price equal to 98.75% of the principal amount thereof, plus accrued interest, if any, from September 15, 2016 to the Closing Date, the principal amount of Securities set forth opposite such Initial Purchaser’s name in Schedule I hereto.

assistant: Sales
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: (h) Each Lender shall have the right at any time to sell one or more participations to any Person (other than the Lead Borrower any of its Subsidiaries or any of its Affiliates (excluding Affiliate Lenders)) in all or any part of its Revolving Advances or Revolving Commitments or in any other Obligation; provided , that (x) such Lender’s obligations under this Agreement shall remain unchanged, (y) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (z) the Borrowers, the Agents, the Issuers and the Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 9.10 with respect to any payments made by such Lender to its participants.

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 legal provision and list the applicable contract clause categories. Provision: TO THE FULLEST EXTENT THAT IT MAY HEREAFTER BE PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTIONBASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED HEREBY. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL- ENCOMPASSING OF ANY AND ALL DISPUTES (EACH A “ DISPUTE ”, AND COLLECTIVELY, ANY OR ALL, THE “ DISPUTES ”) OF ANY KIND WHATSOEVER THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT OR THE TRANSACTION CONTEMPLATED HEREBY, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS, ANTITRUST CLAIMS, BREACH OF DUTY CLAIMS, AND ALL OTHER COMMON-LAW OR STATUTORY CLAIMS. THE PARTIES FURTHER WARRANT AND REPRESENT TO ONE ANOTHER THAT IT HAS REVIEWED THIS WAIVER WITH LEGAL COUNSEL OF ITS OWN CHOOSING, OR HAS HAD AN OPPORTUNITY TO DO SO, AND THAT IT KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS HAVING HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL.

assistant: Waiver Of Jury Trials
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: 14.3 if you feel that any member you interact with , whether online or in person , is acting or has acted inappropriately , including but not limited to anyone who ( i ) engages in offensive , violent or sexually inappropriate behavior , ( ii ) you suspect of stealing from you , or ( iii ) engages in any other disturbing conduct , you should immediately report such person to the appropriate authorities and then to airbnb by contacting us with your police station and report number ( if available ) ; provided that your report will not obligate us to take any action beyond that required by law ( if any ) or cause us to incur any liability to you .

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: Borrowers shall pay to Agent and each Lender all Lender Group Expenses (including, without limitation, the reasonable fees and expenses of any attorneys retained by Agent or any Lender) in connection with the preparation, negotiation, execution and delivery of this Third Amendment and Limited Waiver and any documents and instruments relating hereto.

assistant: Fees
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 Administrative Agent and Lenders hereby designate that all notices, requests, instructions, directions and other communications provided for herein shall be provided in accordance with Section 13.02 of the Loan Agreement to the address specified on the signature pages hereto.

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 Employer shall promptly reimburse the Executive for (a) all reasonable expenses the Executive pays or incurs in connection with the performance of the Executive’s duties and responsibilities in connection with his employment, upon presentation of expense vouchers or other appropriate documentation for such expenses and (b) all reasonable professional expenses, such as licenses and dues and professional educational expenses, the Executive pays or incurs during his employment hereunder, all of the above to be reimbursed in accordance with Employer’s policies with respect thereto.

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: If Borrower is anything other than an individual, Borrower shall preserve and maintain its existence and good standing in the jurisdiction of its formation, and qualify and remain qualified to conduct its business in each jurisdiction in which such qualification is required.

assistant: Existence
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 disclosed to the Administrative Agent by the Borrower in writing from time to time after the Amendment Signing Date, (a) Schedule 4.15 (i) sets forth the name and jurisdiction of organization of each Subsidiary and, as to each such Subsidiary, the percentage of each class of Capital Stock owned by any Loan Party and (ii) identifies all of the Unrestricted Subsidiaries and (b) there are no outstanding subscriptions, options, warrants, calls, rights or other agreements or commitments (other than stock options granted to employees or directors and directors’ qualifying shares) of any nature relating to any Capital Stock of any Subsidiary of the Borrower, except to the extent permitted by the Loan Documents.

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 case excerpt and choose the best holding from the options. Case excerpt: requirements for filing such a petition. See id. at 148. Although the state had “announced strict rules regarding the granting of second and subsequent ... petitions,” id., the Third Circuit did not consider whether Lovasz’s petition satisfied those rules before concluding that the petition was “properly filed.” In short, the court did not review the merits of the petition. This case is indistinguishable from Lo-vasz. Like Pennsylvania, Washington recognizes exceptions to its bar against successive petitions, see Wash. Rev.Code § 10.72.140, as well as exceptions to its one-year time limit for filing petitions for post-conviction review, see Wash. Rev. Code § 10.73.100. Dictado invoked one of those exceptions: he claimed his petition was based on newly discovered ev .D.Tex.1998) (<HOLDING>); Hughes v. Irvin, 967 F.Supp. 775, 778-79 Options: A. holding that petition was properly filed even though the state court denied it as procedurally barred because the petition was delivered to and accepted by the state court B. holding that seventh application for postconviction relief which was rejected because evidence on which it was based was not properly authenticated was properly filed C. holding that second state petition for postconviction relief that was dismissed as frivolous and patently without merit was properly filed D. holding that a second or subsequent state petition for postconviction relief filed according to the procedural rules of the state constitutes a properly filed application without regard to the merits of the petition E. holding that second state petition for postconviction relief that was dismissed as an abuse of the writ was properly filed

assistant: The best answer is E. holding that second state petition for postconviction relief that was dismissed as an abuse of the writ was properly filed
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: Blair stepped in front of Santiago’s cell door, saying, “things are going to get worse.” Whether these conditions and this statement are themselves a constitutional violation is irrelevant. A prisoner has the “right under the First Amendment to petition for redress of grievances under a prison’s grievance procedures[,]” Nelson, 603 F.3d at 449, and “conduct that retaliates against the exercise of a constitutionally protected right ... is actionable even if the alleged retaliatory conduct does not itself rise to the level of a constitutional violation[,]” Van Wyhe v. Reisch, 581 F.3d 639, 658 (8th Cir.2009). We have held that deprivations and threats such as those allegedly made by Blair are sufficient to support a First Amendment retaliation claim. See, e.g., Nelson, 603 F.3d at 450 (<HOLDING>); Cooper, 189 F.3d at 784 (allegation that the Options: A. holding that appellant had submitted sufficient evidence of racebased retaliation to survive summary judgment on his 1981 claim B. holding that the plaintiff who allegedly was held in isolation in a structurally unfinished and inadequate ward and deprived of access to legal counsel mail family recreation and phone calls had demonstrated sufficient deprivations to survive summary judgment on a first amendment retaliation claim C. holding that the first amendment right of access applies to a summary judgment motion in a civil case D. recognizing first amendment retaliation right E. holding without discussing the plaintiffs burden of persuasion that the plaintiff had presented sufficient evidence to survive summary judgment

assistant: The best answer is B. holding that the plaintiff who allegedly was held in isolation in a structurally unfinished and inadequate ward and deprived of access to legal counsel mail family recreation and phone calls had demonstrated sufficient deprivations to survive summary judgment on a first amendment retaliation claim
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: There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority or other agency now pending or threatened against or affecting Borrower, Guarantor or any Individual Property, which actions, suits or proceedings, if determined against Borrower, Guarantor or any Individual Property, might result in a Material Adverse Effect.

assistant: Litigations
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: all provisions of this agreement which by their nature should survive termination shall survive termination , including , without limitation , ownership provisions , warranty disclaimers , and limitations of liability .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower, the Administrative Agent, any Issuing Lender or the Swingline Lender, sell participations to any Person (other than a natural Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person), or the Borrower or any of the Borrower’s respective Subsidiaries or Affiliates) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Revolving Credit Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Issuing Lender, the Swingline Lender and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 12.3(c) with respect to any payments made by such Lender to its Participant(s).

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: further states that, [o]n or about July 27, 2003, Burdette, a White Male Security Screener Supervisor, physically assaulted, battered, and caused injury and damage to Brown at the Cyril E. King Airport. At the time of the Assault and Battery, Brown was acting in her official capacity as a Security Screener for the Transportation Security Administration. (Id. at 6-7, ¶¶ 26-27.) On its face, the Complaint alleges that Brown’s injuries were sustained while Brown was performing her duty as a federal employee. Those injuries clearly fall within the scope of FECA. Brown’s tort claims all seek damages resulting from those covered personal injuries. Consequently, this Court lacks subject matter jurisdiction over Counts Two through Five of the Complaint. See, e.g., Heilman, 731 F.2d at 1111 (<HOLDING>); Attridge v. Johns Manville, 942 F.2d 790 (9th Options: A. holding that complaint that appellee used an unauthorized procedure to obtain dismissal of appellants claims was not waived because the trial court lacked authority to enter the order of dismissal B. holding that dismissal without prejudice was appropriate where a plaintiff failed to name each of the persons alleged to have violated the appropriate standard of care C. holding that dismissal was appropriate because the complaint alleged that the decedent died because he was exposed to radiation while working as a federal employee so his claims were clearly covered by feca D. holding that dismissal is proper where any losses to american express were caused only because the scheme itself was exposed and thus failed E. holding that fact issue raised when brown presented evidence that he was supervised by employee of his original employer and received instructions from that employee while working at union oil

assistant: The best answer is C. holding that dismissal was appropriate because the complaint alleged that the decedent died because he was exposed to radiation while working as a federal employee so his claims were clearly covered by feca
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 notices and other communications required or permitted to be given with respect to this Warrant Agreement shall be in writing signed by the sender, and shall be considered given: (w) on the date delivered, if personally delivered during normal business hours, or on the next Business Day if delivered after normal business hours of the recipient; (x) on the date sent by telecopier with automatic confirmation of the transmitting machine showing the proper number of pages were transmitted without error, if sent during normal business hours of the recipient, or on the next Business Day if sent after normal business hours; (y) on the date sent by email transmission so long as the sender of such email does not receive an automatic reply from the recipient’s email server indicating the recipient did not receive such email; or (z) on the Business Day after being sent by FedEx or another recognized overnight delivery service in time for and specifying next day or next business day delivery, in each instance referred to in the preceding clause (z) only if all delivery charges are pre-paid. Each such notice or other communication shall be given to the Holder in accordance with Section 8.06 of that certain Securities Purchase Agreement, dated as of November 27, 2018, between the Holder, the Company and the other parties thereto, and to the Company at its principal executive offices.

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: the custody arrangement in this matter, and we affirm that order. In addition, we conclude that the district court did not abuse its discretion when it found Colleen in contempt and ordered her to pay attorney fees. 1 94 Nev. 79, 575 P.2d 585 (1978). 2 Rust v. Clark Cty. School District, 103 Nev. 686, 688, 747 P.2d 1380, 1382 (1987); see also Smith v. Emery, 109 Nev. 737, 740, 856 P.2d 1386, 1388 (1993); Huneycutt, 94 Nev. at 80, 575 P.2d at 585. 3 Rust, 103 Nev. at 688-89, 747 P.2d at 1382. 4 Kantor v. Kantor, 116 Nev. 886, 895, 8 P.3d 825, 830 (2000) (citing Bongiovi v. Bongiovi, 94 Nev. 321, 579 P.2d 1246 (1978)). 5 94 Nev. 79, 575 P.2d 585. Other courts have reached similar conclusions in child custody matters. See, e.g., Daniel v. Daniel, 42 P.3d 863, 867 n.6 (Okla. 2001) (<HOLDING>); Decker v. Decker, 440 S.E.2d 411, 412 (Va. Options: A. holding that temporary order amounted to order modifying custody of children because language changed custody for an indefinite period B. holding that the lower court should have entered a final order on custody C. recognizing that an appeal does not divest the lower court from making a provisional or temporary custody order during the appeals pendency D. holding that the pendency of a petitioners federal habeas corpus petition does not divest a trial court of jurisdiction to address a pcra petition E. holding that since district court of appeal properly found that the trial court lacked jurisdiction to rule on a 3850 motion during the pendency of a direct appeal the district court of appeal should have vacated the order rather than affirming on the merits

assistant: The best answer is C. recognizing that an appeal does not divest the lower court from making a provisional or temporary custody order during the appeals pendency
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: c. “Representatives” shall mean as to any Person, its directors, officers, employees, agents and advisors (including, without limitation, financial advisors, attorneys and accountants). a. The Receiving Party shall hold confidential and not disclose to any Person, without the prior written consent of the Disclosing Party, all Confidential Information and any information about the Proposed Transaction, or the terms or conditions or any other facts relating thereto, including, without limitation, the fact that discussions are taking place with respect thereto or the status thereof, or the fact that Confidential Information has been made available to the Receiving Party or its Representatives; provided, however, that the Receiving Party may disclose such Confidential Information to its Representatives who are actively and directly participating in its evaluation of the Proposed Transaction or who otherwise need to know the Confidential Information for the purpose of evaluating the Proposed Transaction;

assistant: Yes
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: Plaintiff's motion for judgment on the plead ings is granted.” This docket entry is incorrect as stated. The court’s opinion and order actually denied Plaintiff (Appellant’s) motion and granted Defendant (Appellee's) cross-motion for judgment on the pleadings. The docket entiy should be amended to reflect the court's decision. 2 . Not every transfer of property will trigger a valid right of first refusal. See Lehn’s Court Management LLC, supra (adopting four-part test for purposes of determining whether right of first refusal is triggered in a property transfer; holding transfer of property from landlord to corporation of which landlord was sole shareholder did not constitute “sale” that triggered tenant’s right of first refusal); Mericle v. Wolf, 386 Pa.Super. 82, 562 A.2d 364 (1989) (<HOLDING>). 3 . Pennsylvania law states that appellate Options: A. holding sale of property by county taxing authority to pay delinquent taxes did not trigger right of first refusal provision contained in deed B. holding gratuitous transfer of real property to hospital did not trigger right of first refusal C. holding transfer restriction granted right of first refusal in event of voluntary or involuntary transfer of stock D. holding right of first refusal only applied to a voluntary sale and taking of property by condemnation is involuntary therefore right of first refusal not triggered E. holding united states marshals involuntary bankruptcy sale of property did not trigger right of first refusal

assistant: The best answer is B. holding gratuitous transfer of real property to hospital did not trigger right of first refusal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 503 U.S. 257 112 S.Ct. 1151 117 L.Ed.2d 400 PFZ PROPERTIES, INC., Petitioner,v.Rene Alberto RODRIGUEZ, et al. No. 91-122. March 9, 1992. On Writ of Certiorari to the United States Court of Appeals for the First Circuit. Case below, 928 F.2d 28. PER CURIAM. 1 The writ of certiorari is dismissed as improvidently granted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Sellers’, Underlying Repurchase Counterparty, or Guarantors’ audited annual financial statements or the notes thereto or other opinions or conclusions stated therein shall be qualified or limited by reference to the status of Sellers, Underlying Repurchase Counterparty, or Guarantors as a “going concern” or a reference of similar import.

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 case excerpt and choose the best holding from the options. Case excerpt: CURIAM. Aaron Shelton pleaded guilty to one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). On appeal, Shelton argues for the first time that his conviction is unconstitutional because Congress does not have power under the Commerce Clause to regulate the mere possession of a firearm, citing United States v. Lopez, - U.S. -, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995) (<HOLDING>). Although Shelton stipulated that the firearms Options: A. holding the limitations to congresss commerce clause authority recognized in lopez have no effect on the establishment of the interstate commerce element of the hobbs act B. holding that 42 usc 13981 exceeds congresss authority under the commerce clause C. holding 18 usc 922o a valid exercise of congressional power under commerce clause D. recognizing that there is an outer limit to congresss power under the commerce clause E. holding unconstitutional 18 usc 922q as beyond congresss commerce clause power

assistant: The best answer is E. holding unconstitutional 18 usc 922q as beyond congresss commerce clause power
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: runs from “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244(d)(1)(A). Prisoners such as petitioner, however, whose convictions became final prior to AEDPA’s ef L.Ed.2d 63 (2000); Geraci v. Senkowski, 211 F.3d 6, 9 (2d Cir.2000) (tolling ends when the state court renders its decision). 2. Equitable Tolling A petitioner seeking equitable tolling must show that “extraordinary circumstances prevented him from filing his petition on time.” McGinnis, 208 F.3d at 17. A petitioner also “must have acted with reasonable diligence throughout the period he seeks to toll.” Id.; see, e.g., Montalvo v. Strack, No. 99 Civ. 5087, 2000 .WL 718439, 2000 U.S. Dist. LEXIS 7563 (S.D.N.Y. June 5, 2000) (<HOLDING>). B. Application Petitioner was convicted in Options: A. holding that a complaint filed within three years of an accident complied with the michigan court rules and was not barred by the statute of limitations even though service was made more than three years after the accident B. holding that delay for three and onehalf years was unreasonable under rule 60b6 C. holding that three denied promotions over the course of three years where the decisions were made by three different selection officials and involved different qualifications were not sufficiently related to constitute a continuing violation D. holding that delay in excess of three years after conclusion of direct review does not constitute reasonable diligence E. holding that twoyear delay was not reasonable

assistant: The best answer is D. holding that delay in excess of three years after conclusion of direct review does not constitute reasonable diligence
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 Plan is incorporated herein by reference. The Plan and this Agreement (including the exhibits referenced herein) constitute the entire agreement of the parties with respect to the subject matter hereof and supersede in their entirety all prior undertakings and agreements of the Company and Participant with respect to the subject matter hereof, and may not be modified adversely to the Participant’s interest except by means of a writing signed by the Company and Participant.

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: for further proceedings consistent with this opinion and direct the district court , 983 F.2d 485, 489 (3d Cir.1992); Jersey Cent. Power & Light Co. v. New Jersey, 772 F.2d 35, 41 (3d Cir.1985). Although count II of Smith’s complaint, which asserts a Title IX claim, states that "[t]his action is a request for a declaratory relief challenging sex discriminatory practices and policies of the NCAA ... in violation of Title IX,” her complaint also includes a clause which prays for additional relief including damages and any further relief which the court finds appropriate. App. at 5. In our view, a fair reading of the complaint establishes that it asserts an action for damages under Title IX. See Franklin v. Gwinnett County Pub. Schools, 503 U.S. 60, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992) (<HOLDING>). 2 . The bylaw at issue provides that [a] Options: A. recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim B. holding that a claim for retaliation does not lie under title ix C. holding title ix does not support an action against official in an individual capacity D. holding that a claim for damages exists in an action to enforce title ix E. holding that the elements of a hostile environment claim under title vii equally apply under title ix

assistant: The best answer is D. holding that a claim for damages exists in an action to enforce title ix
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) The Borrower agrees to pay to the Administrative Agent for the account of each Lender a commitment fee, which shall accrue at the Applicable Rate on the average daily amount of the Available Revolving Commitment of such Lender during the period from and including the Original Effective Date to but excluding the date on which such Commitment terminates. Accrued commitment fees shall be payable in arrears on the last day of March, June, September and December of each year and on the date on which the Commitments terminate, commencing on the first such date to occur after the Original Effective Date. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

assistant: Fees
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: all financial transactions made in connection with the service will be processed by a third party in accordance with their respective terms of use , privacy policy , and/or any applicable payment terms and conditions .

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: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank or the Revolving Lenders, the Issuing Bank hereby grants to each Revolving Lender, and each Revolving Lender hereby acquires from the Issuing Bank, a participation in such Letter of Credit equal to such Revolving Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Revolving Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the Issuing Bank, such Revolving Lender’s Applicable Percentage of each LC Disbursement made by the Issuing Bank and not reimbursed by the Borrower on the date due as provided in clause (e) of this Section, or of any reimbursement payment required to be refunded to the Borrower for any reason. Each Revolving Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

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 legal provision and list the applicable contract clause categories. Provision: Any requirement that you execute and not revoke a release to receive a payment hereunder shall apply to a payment described in Section 9.1 only if the Company provides the release to you on or before the date of your Involuntary Termination.

assistant: Releases
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 of the representations and warranties set forth in this Agreement or in any certificate delivered pursuant to Section 2.9(a)(iv) or Section 2.9(b)(ii) will survive the Closing and remain in full force and effect until the date that is the three year anniversary of the Closing Date (the “ Survival Date ”), except that the Fundamental Representations will survive the Closing and remain in full force and effect until expiration of the applicable statute of limitations. The covenants will survive the Closing until the Survival Date; provided , however , that any covenant contained in this Agreement that, by its terms, provides for performance following the Closing will survive and continue in full force and effect until such covenant is performed or observed in accordance with its terms. Notwithstanding the foregoing, any representation or warranty in respect of which indemnity may be sought under this Agreement prior to the Survival Date will survive the time at which it would otherwise terminate pursuant to the preceding sentence if written notice of the inaccuracy or breach thereof giving rise to such right of indemnity has been given to the party against whom indemnification may be sought prior to such time.

assistant: Warranties