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: of fact or a mixed question of law and fact does not affect our standard of review in this instance. As stated, because the trial court’s determination was based upon the same video evidence in this record, our review is de novo. Background The Fifth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, provides individuals with the right to have counsel present during a custodial interrogation. The Supreme Court has defined “custodial interrogation” as “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” Miranda, 384 U.S. at 444, 86 S.Ct. 1602; see also Malloy v. Hogan, 378 U.S. 1, 6, 84 S.Ct. 1489, 12 L.Ed.2d 653 (1964) (<HOLDING>). Article I, section 9 of the Tennessee Options: A. holding that the fifth amendments protection against selfincrimination is applicable to the states through the fourteenth amendment B. holding the sixth amendment applicable to the states through the fourteenth amendment C. holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment D. holding that the confrontation clause is applicable to the states through the fourteenth amendment E. holding second amendment right is incorporated against the states through fourteenth amendment

assistant: The best answer is A. holding that the fifth amendments protection against selfincrimination is applicable to the states through the fourteenth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 5. The Confidential Information shall remain at all times the property of the Company. No rights to use, license, or otherwise exploit the Confidential Information are granted to the Recipient, by implication or otherwise, by virtue of Confidential Information being made available to the Recipient or any of the Recipient’s Representatives.

assistant: No
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: patently plainly erroneous. We presume the jury followed the district court’s instructions. Hale v. Gibson, 227 F.3d 1298, 1325 (10th Cir.2000). Putting aside the question of whether the ATV was lawfully on the road, the record contained evidence Travis was otherwise negligent. Defendants presented evidence Travis turned left without looking behind him, failed to signal his turn, and did not make a proper left turn. Thus the jury had some basis other than Travis’ traffic violation to apportion a significant share of comparative negligence to him. AFFIRMED. 1 . Defendants argue Plaintiffs did not preserve their objection to Instruction 14 because Plaintiffs objected before, but not after, the court instructed the jury. See Smith v. Greyhound Lines Inc., 382 F.2d 190, 191 (10th Cir.1967) (<HOLDING>). Defendants argue we therefore should review Options: A. holding that the defendants objection was untimely and thus waived because the evidence to which he objected had already been presented to the jury B. holding that objection to instructions by codefendants counsel is sufficient to preserve any error C. holding a party failed to preserve an objection to the jury instructions where the party objected prior to the court instructing the jury but not after D. holding that a party waived its objection to the jurys verdict by not objecting to an alleged inconsistency prior to the dismissal of the jury E. holding that a party had failed to preserve an argument for appellate review when that party had failed to argue the issue to the trial court either at trial or in his postjudgment motion

assistant: The best answer is C. holding a party failed to preserve an objection to the jury instructions where the party objected prior to the court instructing the jury but not after
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: In the event that any provision in the Plan or this Agreement is held to be invalid, illegal or unenforceable or would disqualify the Plan or this Agreement under any law, the invalid, illegal or unenforceable provision shall be construed or deemed amended to conform to applicable laws, or if it cannot be so construed or deemed amended without, in the determination of the Committee, materially altering the purpose or intent of the Plan or this Agreement, such provision shall be stricken as to the applicable jurisdiction or Shares, and the remainder of the Plan or this Agreement shall remain in full force and effect.

assistant: Severability
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: 1002-03, 1022-24. Consistent with this perspective, absent a statute allowing for survival, a deceased claimant’s personal injury claim could not be asserted by heirs or an estate. See McClure v. Johnson, 50 Ariz. 76, 81, 69 P.2d 573, 575 (1937). Many courts concluded that whether a claim would survive the claimant’s death should also determine whether it could be assigned during the claimant’s life and applied this test to both personal injury and other claims. See, e.g., Comegys v. Vasse, 26 U.S. (1 Pet.) 193, 213, 7 L.Ed. 108 (1828) (dicta noting that “mere personal torts, which die with the party, and do not survive to his personal representatives, are not capable of passing by assignment.”); United Verde Extension Mining Co. v. Ralston, 37 Ariz. 554, 559-60, 296 P. 262, 264 (1931) (<HOLDING>). ¶ 10 This “survivability” test did not itself Options: A. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did B. holding assignable to injured party insureds claim against insurer for judgment in excess of policy limits C. holding that even when the event that would cause the damage had not yet occurred the claims in the case were still ripe for review D. holding that claims for property damage would survive and thus were assignable E. holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations

assistant: The best answer is D. holding that claims for property damage would survive and thus were assignable
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: letter to appellant, redefining his sales territory and specifying the manner in which he would be paid his future commissions. In its third letter dated May 27, 1997, appellee acknowledged its earlier commitment to appellant “to make no changes for one year.” However, appellee then proceeded, unilaterally, to terminate appellant’s status as an “installing dealer,” thereby reducing the amount of commissions he would receive on future sales. Although the writings in evidence do not expressly state the beginning and ending dates of a particular one-year period, we find there is legally sufficient evidence, albeit circumstantial, from which a jury could make that determination. See Templeton v. Nocona Hills Owners Assn., Inc., 555 S.W.2d 534, 539 (Tex.Civ.App.-Texarkana 1977, no writ) (<HOLDING>). For example, if a jury, after hearing all the Options: A. holding that interest does not begin to accrue until the date of judgment not the date of verdict B. holding that employment was at will despite a reference to events in the employment listing that could be used as a termination date C. holding that the evidence was sufficient for the jury to find that an oral agreement existed and that it was not modified D. holding that evidence was sufficient for jury to determine date employment was to begin E. holding there was sufficient evidence for a jury to conclude that the defendant did not intend to perform when the promise was made

assistant: The best answer is D. holding that evidence was sufficient for jury to determine date employment was to begin
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: Capital One and You hereby consent and submit to the personal jurisdiction and venue of any state or federal court located in any city or county where Capital One has offices within the Commonwealth of Virginia for resolution of any and all claims, causes of action or disputes arising out of or related to this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. 1 . We exercise jurisdiction pursuant to 28 U.S.C. § 1291. 2 . Highway 80 runs northeast from the border town of Douglas, Arizona, through the sparsely populated “bootheel'' section of southwestern New Mexico before intersecting Interstate 10. 3 .It is unclear from the record whether the present stop was one of the two or in addition to the others. 4 . Miranda v. Ariz., 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). 5 . At oral argument, Montes-Ramos' counsel advised the Court that Montes-Ramos is no longer in custody. Because he is challenging the underlying conviction, not the sentence, Montes-Ramos' appeal is not moot. See Fiswick v. United States, 329 U.S. 211, 222, 67 S.Ct. 224, 91 L.Ed. 196 (1946) (<HOLDING>). 6 . The Fifth Circuit went on to conclude the Options: A. holding that where a conviction survives an apprendi challenge under plain error review a sentence appropriate for that conviction also survives B. holding that forfeiture is an element of the sentence imposed following conviction C. holding that once the sentence imposed for a conviction has completely expired the collateral consequences of that conviction are not themselves sufficient to render an individual in custody for the purposes of a habeas attack upon it D. holding that when the consequences of the conviction are not severe and imminent an appeal is moot when the judgment is voluntarily satisfied E. holding the petitioners challenge of his conviction is not rendered moot by the expiration of the underlying sentence because collateral consequences flowing from the conviction give the petitioner a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him

assistant: The best answer is E. holding the petitioners challenge of his conviction is not rendered moot by the expiration of the underlying sentence because collateral consequences flowing from the conviction give the petitioner a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the claim.” Here the court has tacked on fees for litigating the issue of presuit noncompliance, as well as for litigating the amount of fees to be awarded. Under the plain text of the statute, however, the liability is only for the narrow purpose specified and therefore the amount awarded should have been limited to those incurred “during the investigation and evaluation.” See Kukral v. Mekras, 679 So.2d 278, 281 (Fla.1996) (“These provisions for sanctions focus on the presuit period during ‘the investigation and evaluation of the claim’ and apparently contemplate the imposition of sanctions for the expense and effort that one party may have unnecessarily caused the other to incur during that presuit period.”); see also State Farm Fire & Cas. Co. v. Palma, 629 So.2d 830 (Fla.1993) (<HOLDING>). We therefore reverse the award and remand for Options: A. holding that higher rate would not be awarded for supplemental fees because there was no showing that any special factor justifies an increased rate for litigating the attorney fees motion B. holding that court of appeals erred by rendering judgment for full amount of attorneys fees sought after reversing 0 fee award because jury awarded less in damages than amount sought and therefore uncontroverted attorney testimony on amount of attorneys fees did not establish amount of reasonable and necessary fees as a matter of law C. holding that fees may be awarded for litigating amount of fees only where language of statute supports such conclusion D. holding that such fees are discretionary but routinely awarded E. holding that where a state statute provides for the award of attorneys fees those fees can be considered as part of the amount in controversy for the purpose of determining federal diversity jurisdiction

assistant: The best answer is C. holding that fees may be awarded for litigating amount of fees only where language of statute supports such conclusion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower will, and will cause each other Loan Party to, do or cause to be done all things necessary to comply with its respective Charter Documents, and to preserve, renew and keep in full force and effect its legal existence and the rights, licenses, permits, privileges, franchises, patents, copyrights, trademarks and trade names material to the conduct of its business, provided that the foregoing shall not prohibit any merger, amalgamation, consolidation, liquidation, or dissolution permitted under Section 6.3 or any sale, lease, transfer or other disposition permitted under Section 6.5.

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 case excerpt and choose the best holding from the options. Case excerpt: would have been found. Dissenting Op. at 307-08. But we cannot conduct “our own independent inquiry into whether the state court was correct as a de novo matter.” Yarborough, 541 U.S. at 665, 124 S.Ct. 2140. And the dissent’s contention that “Congress enacted a broad preemption clause in § 453(a),” Dissenting Op. at 308, is directly contradicted by the Michigan Court of Appeals’ citation to Thorn-burgh, in which the Fifth Circuit concluded that the FECA’s preemption clause has been given “narrow preemptive effect.” Thornburgh, 39 F.3d at 1280. The dissent’s apparent disagreement with Thorn-burgh’s interpretation of the FECA’s preemption clause is precisely the type of fair-minded disagreement that precludes a grant of habeas relief. See Knowles, 556 U.S. at 123, 129 S.Ct. 1411 (<HOLDING>) (internal quotation marks omitted). In Options: A. holding that the appropriate inquiry under aedpa is not whether a federal court believes a state courts determination was incorrect but whether that determination was unreasonablea substantially higher threshold B. holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law C. holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion D. recognizing that the necessary inquiry is not whether there was a warrant or whether there was time to get one but whether there was probable cause for the arrest E. holding that courts may decline to make a constitutional determination at the first stage of the qualified immunity inquiry where that determination would be based on an interpretation of uncertain state law

assistant: The best answer is A. holding that the appropriate inquiry under aedpa is not whether a federal court believes a state courts determination was incorrect but whether that determination was unreasonablea substantially higher threshold
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: under which Quiznos is alleged to have directly or indirectly extracted exorbitant payments from its franchisees for the services, goods and materials essential to their businesses. They also claim that provisions intended to limit their means of redress are unconscionable. These include a prohibition on suing individual officers, agents or affiliates of Quiznos, a truncated (one-year) statute of limitations of any and all claims, a bar on punitive or exemplary damage claims, waiver of the right to a jury trial, prohibition of class actions and consolidation of claims or cases, and a forum selection and choice of law clause requiring cases to be brought in Colorado and decided under Colorado law. Citing cases such as Jones, plaintiffs argue that some or all of these provisions m ) (<HOLDING>); Kinkel v. Cingular Wireless LLC, 223 Ill.2d Options: A. holding class action waiver contained in cellular telephone unconscionable under washington law B. holding the class action waiver provision of cellular telephone service contract unconscionable C. holding class action waiver in cellular telephone service agreement unconscionable D. holding arbitration clause added to contract for cellular telephone service unconscionable E. holding class action waiver in cellular phone contract unconscionable under california law

assistant: The best answer is D. holding arbitration clause added to contract for cellular telephone service unconscionable
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 under this Agreement shall be in writing, and shall be deemed given when personally delivered, or three days after being sent by prepaid certified or registered U.S. mail to the address of the party to be noticed as set forth herein or such other address as such party last provided to the other by written notice.

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: 3105, *2 (N.D.Ill.1985) (recognizing an exception to the general rule precluding shareholder suits for injuries to the corporation where there is a special duty, such as a contractual duty, between the wrongdoer and the shareholder, but holding that, under Illinois law, where plaintiff’s complaint alleges dissipation of stock due to mismanagement of the corporation, the real harm is to the corporation, not the plaintiff); Cunningham v. Kartridg Pak Co., 332 N.W.2d 881, 883 (Iowa 1983) ("In order to bring an individual cause of action for direct injuries a shareholder must show that the third-party owed him a special duty or that he suffered an injury separate and distinct from that suffered by the other shareholders.”). 2 . See Anderson v. United States, 344 F.3d 1343, (Fed.Cir.2003) (<HOLDING>); see also Holland v. United States, 63 Fed.Cl. Options: A. holding that standing to sue under a contract requires plaintiff to be in privity or be an intended thirdparty beneficiary B. holding that the thirdparty beneficiary theory did not apply C. holding that beneficiaries of a trust that signed an agreement with the fhlbb were not in privity or have thirdparty beneficiary status because the government did not make any promises expressly intended to benefit them D. holding that the governments cooperation with a thirdparty is not sufficient to establish a thirdparty beneficiary relationship E. holding that in order for a plaintiff to file suit against the government on a contract claim in the court of federal claims a plaintiff must have either direct privity or thirdparty beneficiary status

assistant: The best answer is C. holding that beneficiaries of a trust that signed an agreement with the fhlbb were not in privity or have thirdparty beneficiary status because the government did not make any promises expressly intended to benefit them
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: he assigned a value of “unknown.” Id. at 942. The issue is this case, in part, involved whether a technical abandonment occurred of the songrights when his reorganization plan was confirmed. The circuit court concluded that an abandonment had occurred, entitling Cusano to postpetition royalties on his prepetition compositions and other damages accruing postpetition with respect to these prepetition compositions. Id. at 947. The court reasoned as follows: The bankruptcy code placed an affirmative duty on Cusano to schedule his assets and liabilities. Id. § 521(1). If he failed properly to schedule an asset, including a cause of action, that asset continues to belong to the bankruptcy estate and did not revert to Cusano. See Stein v. United Artists Corp., 691 F.2d 885, 893 (9th Cir.1982) (<HOLDING>); accord Hutchins v. IRS, 67 F.3d 40, 43 (3d Options: A. holding that the mortgaging or conveying of exempt property to a creditor is not against the public policy of the state of michigan and that that the bankrupt had the power to convey to a creditor his existing exemptions resulting in the exempt property not being property of the debtor or the debtors bankruptcy estate B. holding that personal injury action arising during the pendency of the bankruptcy proceedings was property of the estate C. holding that bankruptcy courts decision with respect to a creditors claim for money or for property is a final judgment and should be given the same effect as any other judgment of a competent court in a subsequent suit against the bankrupt or anyone in privity with him D. holding that only property administered or listed in the bankruptcy proceedings reverts to the bankrupt E. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code

assistant: The best answer is D. holding that only property administered or listed in the bankruptcy proceedings reverts to the bankrupt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you reside in china , you are contracting with airbnb internet ( beijing ) co. , ltd. ( `` airbnb china '' ) except where you book a host service ( as defined below ) or when you create a listing located outside of china , in which case you are contracting with airbnb ireland for that transaction .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: confidential informant.” The court concluded that “the taped conversations unequivocally ... demonstrate that the Defendant ... desired a device that could blow through a wall or a roof and start a fire. A device with a delayed timer to allow for the creation of an alibi.” The court then sentenced Dodge principally to 63 months in prison. Defendant Borkoski was found guilty, following a jury trial, of conspiring to possess an unregistered firearm. The court sentenced him principally to 64 months in prison. DISCUSSION I. The National Firearms Act Claim Dodge and Borkoski contend that the NFA is a taxing measure that may only be invoked to the extent that it aids in the collection of taxes. See Sonzinsky v. United States, 300 U.S. 606, 513-14, 57 S.Ct. 554, 555-56, 81 L.Ed. 772 (1937) (<HOLDING>). Since the government is exempt from paying a Options: A. holding that montana could require indians who sold cigarettes to nontribal members to add the states tax to the sale price of the cigarettes and thereby aid the states collection and enforcement of the tax B. holding that the states allegation that the congressional act at issue that went beyond the power of congress and impinged on that of the state did not suffice as a basis for invoking an exercise of judicial power C. holding that registration requirements that aid in the collection of taxes are valid exercise of congress power to tax D. holding that the university was not a political subdivision of the state because it had no power to tax or cause taxes to be levied E. holding that title ii of the ada was a valid use of congress power under section 5 of the fourteenth amendment

assistant: The best answer is C. holding that registration requirements that aid in the collection of taxes are valid exercise of congress power to tax
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: Schedule 3.12 sets forth a description of all insurance (including self-insurance) maintained by or on behalf of the Loan Parties as of the Effective Date. As of the Effective Date, all premiums due in respect of such insurance have been paid. The properties of the Company and its Subsidiaries are insured with financially sound and reputable insurance companies or through self-insurance and the Company believes that such insurance maintained by or on behalf of the Loan Parties and their subsidiaries is adequate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the writing concerns a collateral matter. See Utah R.Eivid. 1004. Nevertheless, even if an original document meets one of the exceptions provided, secondary evidence will not be allowed if the proponent of the evidence was responsible for its absence. See Weinstein's § 1004.11[2][al. This is due to the extensive risk that the proponent might offer false or misleading secondary evidence. See id. 139 In the instant case, Dr. Larsen, who was the treating physician, was called by the Gorostiectas to testify. Because we have been provided with only partial transcripts, there is no record of his testimony. However, he was apparently never asked about the medical charges. 1[ 40 Also due to the incompleteness of the record, it is unclear as to what testimony Marie Gorostieta would 14 (1989) (<HOLDING>); Kennedy v. Monroe, 15 Wash.App. 39, 547 P.2d Options: A. holding that any sentence that is properly calculated under the guidelines is entitled to a rebuttable presumption of reasonableness B. recognizing a presumption of reasonableness C. holding that guidelines create a rebuttable presumption D. holding that statute does not eliminate plaintiffs burden to prove reasonableness and necessity of past medical expenses E. holding that medical bills offered through plaintiffs testimony alone may require more if rebuttable presumption of reasonableness and necessity is challenged

assistant: The best answer is E. holding that medical bills offered through plaintiffs testimony alone may require more if rebuttable presumption of reasonableness and necessity is challenged
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 Mercedes and gave Charles the two trucks. The circuit court also ruled that the parties were to equally divide the cash values of the insurance policies. The court found that the land on Chinn Springs Road was marital properly and ordered the sale of the |4land, as well as the inventory of the antique shop. The court also accepted the parties’ joint exhibit listing items of personal property, which identified some as marital and others as separate property. The court ordered the items designated as marital property to be sold. The circuit court then directed that the proceeds from the sale of the marital prpperly be used to retire the parties’ debts. The proceeds were to be applied first to the debt on the Kyler Road property, with the remainder used to pay the other 398 (1983) (<HOLDING>). Although a non-owing spouse may be entitled Options: A. holding that a trial court may find that a nonowning spouse is entitled to some benefit by reason of marital funds having been used to pay off debts on the owning spouses nonmarital property B. holding that one spouse may be entitled to a portion of the equity in home purchased with nonmarital funds C. holding that assets acquired subsequent to separation are not considered marital property absent evidence that spouse used marital property to obtain them D. holding that a nonowning spouse is entitled to some benefit when marital funds are used to improve nonmarital property E. holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property

assistant: The best answer is D. holding that a nonowning spouse is entitled to some benefit when marital funds are used to improve nonmarital property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: seeking to invoke the exception must establish that they agreed to engage in a joint effort and to keep the shared information confidential from outsiders. See, e.g., United States v. Schwimmer, 892 F.2d 237, 243-44 (2d Cir.1989) (finding valid joint defense privilege where information was “imparted in confidence” between parties “who had agreed upon and undertaken a joint strategy”); United States v. Sawyer, 878 F.Supp. 295, 297 (D.Mass.1995) (despite similar interests between employer and employee, insufficient evidence that communications were made during the course of a joint defense effort; proponent could neither establish time frame of agreement nor acts creating and/or terminating the agreement); United States v. United Tech. Corp., 979 F.Supp. 108, 110, 112 (D.Conn.1997) (<HOLDING>); Libbey Glass, Inc. v. Oneida, Ltd., 197 Options: A. holding common interest doctrine shielded information consortium members shared pursuant to collaboration agreement B. recognizing doctrine C. recognizing that tribes and states understood that they shared the right to manage the exercise of in common hunting and fishing rights D. recognizing a subset of the common interest privilege as parents and schools have a corresponding interest in the free flow of information about administrators and faculty members E. holding that there was no waiver of the work product protection because the business and public relations firm specializing in litigationrelated crisis management shared a common interest

assistant: The best answer is A. holding common interest doctrine shielded information consortium members shared pursuant to collaboration agreement
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: Assignor and Assignee each covenant and agree to hereafter execute and acknowledge any and all agreements, contracts, leases, licenses, applications, verifications and such other additional instruments and documents as may be reasonably requested by the other party hereto in furtherance of this Assignment or to carry out the intent hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes in all respects all prior agreements as well as all express or implied negotiations and agreements, between the parties concerning such subject matter.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be modified, amended or waived to the extent it would impair the rights of the Optionee, except by an instrument in writing that specifically identifies the provision of this Agreement being modified, amended or waived and that is signed by both parties hereto. The waiver by either party of compliance with any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement or of any subsequent breach of any provision of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK (WITHOUT REGARD TO CONFLICT OF LAWS PROVISIONS THAT WOULD RESULT IN THE APPLICATION OF LAWS OTHER THAN THE LAWS OF THE STATE OF NEW YORK (OTHER THAN ANY MANDATORY PROVISIONS OF THE UCC RELATING TO THE LAW GOVERNING PERFECTION AND THE EFFECT OF PERFECTION OF THE SECURITY INTERESTS GRANTED THEREUNDER)).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in more than one counterparts, all of which shall be considered one and the same agreement, and shall become effective when one or more such counterparts have been signed by each Party and delivered to the other Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the first valid and binding decision on the construction of the golf course development by the Council. As a result, the Okersons assert that the settlement decision essentially became a “legislative” act. While this may be an interesting question, it was not the one presented to the circuit court. It is advanced here for the first time. The Okersons’ position requires this Court to speculate on the legal relationship between the parties and the validity of the underlying agreement in contravention to the stipulated facts and settled record. Given the absence of any supportive record evidence or any indication this argument was presented to the circuit court, we will not address this issue for the first time on appeal. See Argus Leader v. Hagen, 2007 SD 96, ¶ 34, 739 N.W.2d 475, 484 (<HOLDING>). The Okersons’ argument suffers from the fatal Options: A. holding that a trial judges denial of a recusal motion can be challenged on appeal or in a petition for a writ of mandamus B. holding that an issue not raised on appeal is waived C. holding an issue not raised in the bankruptcy court was waived on appeal D. holding issue not raised in the bankruptcy court was waived on appeal E. holding a claim not previously raised or ruled on by the circuit court was waived in an appeal from the denial of a writ of mandamus

assistant: The best answer is E. holding a claim not previously raised or ruled on by the circuit court was waived in an appeal from the denial of a writ of mandamus
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: it to support the verdict.” Pickens v. State, 751 N.E.2d 331, 334 (Ind.Ct.App.2001). “‘A reasonable inference of guilt must be more than a mere suspicion, conjecture, conclusion, guess, opportunity, or scintilla.’ ” Willis v. State, 27 N.E.3d 1065, 1068 (Ind.2015) (quoting Mediate v. State, 498 N.E.2d 391, 393 (Ind.1986)) (alteration in Willis omitted). Section 1.2—The State presented sufficient evidence for a jury to find that Patel was subjectively aware that the baby was born alive. [27] Regarding the specific elements of the neglect charge, Patel concedes that she was over eighteen years old and that her baby was less than fourteen years old and born alive and therefore a dependent for purposes of the neglect statute. See Herron v. State, 729 N.E.2d 1008, 1010 (Ind.Ct.App.2000) (<HOLDING>), trans. denied. Her sufficiency argument Options: A. holding a wrongful death action may not be maintained for the death of an unborn child B. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child C. holding a mothers ingestion of a controlled substance while pregnant does not constitute child abuse as an unborn child is not a person for purposes of criminal prosecution D. holding that an unborn child is not a dependent for purposes of the neglect statute E. holding an unborn child is a child for purposes of prosecuting chemical endangerment of a child

assistant: The best answer is D. holding that an unborn child is not a dependent for purposes of the neglect statute
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 to and filings and registrations with any Governmental Authority, and all Governmental Approvals and all other third-party approvals, required for the due execution, delivery and performance by each Loan Party and each of its Subsidiaries of the Loan Documents to which it is a party, and for the legality, validity or enforceability of the Loan Documents, have been obtained and are in full force and effect.

assistant: Approvals
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 COMPANY AND THE TRUSTEE 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 THE INDENTURE, AS SUPPLEMENTED BY THE SUPPLEMENTAL INDENTURE, THE NOTES OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

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 case excerpt and choose the best holding from the options. Case excerpt: “Dunaway’s collateral counsel did not ask Mr. Brunson a single question about his representation of Dykes. In addition, Dunaway provided the Court with no statutory or legal authority that would have permitted Dykes to be impeached with evidence of alleged threats he made to his estranged wife. .Rule 608(b), .Ala. R. Evid., specifically would have- forbidden the use of specific instances of bad conduct to impeach a witness’s credibility , unless such conduct resulted in a conviction. See also Rule 609(a), Ala. R. Evid. The Court finds that Dunaway failed to prove that Brunson’s representation of Dykes in a divorce created an actual conflict of interest or adversely affected Brunson’s representation.- Rule 32.3, Ala. R.Crim. P. See M.S. v. State, 822 So.2d 449, 452 (Ala.Crim.App.2000) (<HOLDING>). “The Court finds that this allegation of Options: A. holding the burden of proving that a conflict of interest rises to the level of ineffective assistance rests on the one asserting the conflict B. holding that defendants claim for ineffective assistance of counsel due to a conflict of interest was not cognizable on direct appeal C. holding that a conflict of interest independent of a claim of ineffective assistance of counsel constitute cause where the conflict caused the attorney to interfere with the petitioners right to pursue his 1 claim D. recognizing the conflict E. recognizing conflict

assistant: The best answer is A. holding the burden of proving that a conflict of interest rises to the level of ineffective assistance rests on the one asserting the conflict
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the execution of this Agreement by the Company, nor the issuance, offering or sale of the Placement Shares, nor the consummation by the Company of any of the transactions contemplated herein and therein, nor the compliance by the Company with the terms and provisions hereof and thereof will conflict with, or will result in a breach of, any of the terms and provisions of, or has constituted or will constitute a default under, or has resulted in or will result in the creation or imposition of any lien, charge or encumbrance upon any property or assets of the Company pursuant to the terms of any contract or other agreement to which the Company may be bound or to which any of the property or assets of the Company is subject, except (i) such conflicts, breaches or defaults as may have been waived and (ii) such conflicts, breaches, defaults, liens, charges or encumbrances that would not reasonably be expected to have a Material Adverse Effect; nor will such action result (x) in any violation of the provisions of the certificate of incorporation or bylaws of the Company, or (y) in any material violation of the provisions of any statute or any order, rule or regulation applicable to the Company or of any court or of any federal, state or other regulatory authority or other government body having jurisdiction over the Company, except where such violation would not reasonably be expected to have a Material Adverse Effect.

assistant: No Conflicts
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, demands or other communications to be given or delivered under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given when delivered personally to the recipient, one day after being sent to the recipient by reputable overnight courier service (charges prepaid), upon machine-generated acknowledgement of receipt after transmittal by facsimile or five days after being mailed to the recipient by certified or registered mail, return receipt requested and postage prepaid. Such notices, demands and other communications shall be sent to the Company and the Executive at the address set forth below, or at such address or to the attention of such other Person as the recipient Party has specified by prior written notice to the sending Party.

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 Buyer may terminate this Agreement, if at the Closing, the Seller has failed to comply with all material terms of this Agreement and have failed to supply any documents required by this Agreement unless they do not exist, or have failed to disclose any material facts which could have a substantial effect on any part of this transaction. Seller may terminate this Agreement, if at the Closing Buyer has failed to perform. Upon termination the Deposited Funds shall be returned promptly to the Payor thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Investor hereby (a) agrees that the Securities, and any other shares of Preferred Stock or securities required by the Agreement to be bound thereby, shall be bound by and subject to the terms of the Agreement, (b) adopts the Agreement with the same force and effect as if Investor were originally a party thereto; and (c) agrees to sign any and all documents pertaining to the acquisition of Preferred Stock as the Company may reasonably request.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: uber may immediately terminate these terms or any services with respect to you , or generally cease offering or deny access to the services or any portion thereof , at any time for any reason .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Transition Period, Employee will continue to receive her current base salary, to participate in the health insurance and other benefit plans of the FedEx Group in which she currently participates, and to receive the perquisites and other personal benefits currently provided to her, subject in all cases to the discretion of the Company to amend or terminate any or all of such plans or arrangements at any time and from time to time in accordance with the terms thereof.

assistant: Benefits