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: error by submitting a general verdict form to the jury, with “no instructive unanimity language with respect to the different counts within the different indictments.” In analyzing a jury charge complaint, we first determine (1) whether error exists in the charge, and then (2) whether sufficient harm resulted from the error to compel reversal. Ngo v. State, 175 S.W.3d 738, 743-44 (Tex.Crim.App. 2005). The degree of harm necessary for reversal depends on whether the defendant preserved error by objection. Id. at 743. When a defendant fails to object, or affirmatively states that he has no objection to the charge as De Los Santos did, we will not reverse unless the record shows the defendant suffered “egregious harm.” Id. at 743-44; Bluitt v. State, 137 S.W.3d 51, 53 (Tex.Crim.App.2004) (<HOLDING>). We will first address whether the charge Options: A. holding that counsel was deficient when he failed to object to error in jury charge referring to aggravated assault when the charge was assault on a public servant B. holding affirmative denial of objection is equivalent to failure to object to jury charge error C. holding that the failure to object to an instruction constitutes a waiver of error D. holding that to establish ineffective assistance of counsel for failure to object during trial appellant must show trial court would have committed error in overruling objection E. holding that the district court erred in failing to properly charge the jury on defendants affirmative defenses

assistant: The best answer is B. holding affirmative denial of objection is equivalent to failure to object to jury charge error
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: Use of the masculine pronoun shall be deemed to include usage of the feminine pronoun where appropriate. The headings of the Sections, subsections and paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.

assistant: Miscellaneous
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 representations and warranties contained in this Agreement shall survive the Closing until eighteen (18) months after the Closing Date and shall expire at such time. The covenants contained in this Agreement shall survive until they are fully performed. All indemnification obligations under this Agreement shall terminate as of the expiration of the survival period set forth in this Section, provided that the applicable survival period shall be extended automatically to include any time period necessary to resolve a claim for indemnification that was made prior to the expiration of such survival period and not resolved prior to such expiration, but any such extension shall apply only as to such claims expressly made in writing prior to such expiration. The right to indemnification, payment of Losses or other remedy based on such representations, warranties, covenants and obligations will not be affected by any investigation conducted with respect to, or any knowledge acquired (or capable of being acquired) at any time, whether before or after the execution and delivery of this Agreement or the Closing Date, with respect to the accuracy or inaccuracy of or compliance with, any such representation, warranty, covenant or obligation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: testimony, Wise threatened to have him “dusted.” Wise said “the first thing I’m going to d 2, 375, 512 S.E.2d 169, 170 (1999) (“credibility of a witness, the weight accorded the testimony, and the inferences to be drawn from proven facts are matters solely for the fact finder’s determination”). Wise’s threats of bodily harm were precisely prohibited by Code § 18.2-460(0; they were “true threats”; and they were not protected speech. Therefore, his “as applied” challenge also fails. IV. In summary, we hold Code § 18.2-460(0 is not constitutionally overbroad and is not unconstitutional as applied to the facts of this case. For these reasons, we affirm the conviction. Affirmed. 1 . Wise relies upon City of Houston v. Hill, 482 U.S. 451, 462, 107 S.Ct. 2502, 2510, 96 L.Ed.2d 398 (1987) (<HOLDING>); Lewis v. City of New Orleans, 415 U.S. 130, Options: A. holding unconstitutional a statute that prohibits speech that in any manner interrupts an officer B. holding that first amendment protections apply to compelled speech as well as restrictions on speech C. recognizing the need to balance the states interest in fulfilling its responsibilities to the public the extent to which the speech in question involves a matter of public concern and the manner time place and context of the speech D. recognizing that code is speech E. holding unconstitutional a rule excluding all religious speech as viewpoint discrimination

assistant: The best answer is A. holding unconstitutional a statute that prohibits speech that in any manner interrupts an officer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereto warrants and represents to the other that each party has the full right, power, title and authority to enter into this Agreement. This Agreement and other written agreements or sections thereof which are expressly referred to in this Agreement constitute constitutes the entire agreement and understanding of the parties hereto and supersedes any prior oral or written understandings, agreements and undertakings with respect to its subject matter. This Agreement may not be amended or modified except by a writing signed by all parties hereto. None of the terms in this Agreement, including this Section, or any term, right or remedy hereunder, shall be deemed waived unless such waiver is in writing and signed by the party to be charged therewith, and in no event by reason of any failure to assert or delay in asserting any such term, right or remedy or similar term, right or remedy hereunder. Neither Employer nor Employee shall have the right to assign this Agreement or in any manner or fashion sell, assign or transfer its respective rights and/or interests hereunder without the prior written consent of the non-assigning party. Any purported assignment or transfer in violation of this Section shall be null and void.

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: id. We hold that Graves fails to show he received ineffective assistance of counsel. Conclusion We affirm the judgment of the trial court. 1 . T.N. testified that they bought the camera "around October of 2000,” but he was not sure of the exact day. During an earlier videotaped interview, however, he could not remember the month or year. 2 . The Jensen court held that the error was harmless because the child’s live testimony did not differ substantially from the facts revealed in the videotape. Jensen v. State, 66 S.W.3d at 535-36 (noting the well-established rule that "the improper admission of evidence does not constitute reversible error if other properly admitted evidence proves the same facts”); see also Matz v. State, 21 S.W.3d 911, 912-13 (Tex.App.-Fort Worth 2000, pet. ref’d) (<HOLDING>). 3 . Dowthitt was a capital murder case, not a Options: A. holding improperly admitted evidence may be harmless if cumulative B. holding improperly admitted testimony was cumulative to the other properly admitted evidence and was therefore harmless C. holding error in admission of evidence is harmless when it was merely cumulative to other evidence in the record D. holding that error in admission of videotape was harmless because it was cumulative of childs properly admitted live testimony E. holding that when evidence was erroneously admitted such error was harmless when the evidence was insignificant and cumulative

assistant: The best answer is D. holding that error in admission of videotape was harmless because it was cumulative of childs properly admitted live testimony
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 Credit Party and each Subsidiary thereof has duly filed or caused to be filed all federal, state, local and other tax returns required by Applicable Law to be filed, and has paid, or made adequate provision for the payment of, all federal, state, local and other taxes, assessments and governmental charges or levies upon it and its property, income, profits and assets which are due and payable (other than any amount the validity of which is currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided for on the books of the relevant Credit Party). Such returns accurately reflect in all material respects all liability for taxes of any Credit Party or any Subsidiary thereof for the periods covered thereby. Except as set forth on Schedule 7.6 , there is no ongoing audit or examination or, to the knowledge of each Credit Party and each Subsidiary thereof, other investigation by any Governmental Authority of the tax liability of any Credit Party or any Subsidiary thereof. No Governmental Authority has asserted any Lien or other claim against any Credit Party or any Subsidiary thereof with respect to unpaid taxes which has not been discharged or resolved (other than (a) any amount the validity of which is currently being contested in good faith by appropriate proceedings and with respect to which reserves in conformity with GAAP have been provided for on the books of the relevant Credit Party and (b) Permitted Liens). The charges, accruals and reserves on the books of each Credit Party and each Subsidiary thereof in respect of federal, state, local and other taxes for all Fiscal Years and portions thereof since the organization of any Credit Party or any Subsidiary thereof are in the judgment of the Borrower adequate, and the Borrower does not anticipate any additional taxes or assessments for any of such years.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the ten minutes or so between being awakened and providing consent, Kyer’s mother took that time to compose herself and to listen to the officers explain why they came to her apartment and why they entered it uninvited. By itself, however, this brief duration does not put the attenuation inquiry to an end. It is just one of several considerations. Even a very short duration need not negate the efficacy of a voluntary consent. See, e.g., Seidman, 156 F.3d at 548 (finding a few minute period between entry and consent insufficient to negate consent); Sheppard, 901 F.2d at 1235 (“Even though the time span between the challenged conduct and Sheppard’s consent was short, we cannot find that the second search resulted from the exploitation of the challenged conduct.”); Owen, 453 So.2d at 1207 (<HOLDING>). III. In sum, we hold that the trial court Options: A. holding that although temporal proximity alone may show causation the proximity must be very close and action taken 20 months later suggests by itself no causality at all B. holding that close temporal proximity is sufficient to establish a prima facie case of retaliation C. holding that a three to four month period between the protected activity is not enough to show very close temporal proximity D. holding that consent was valid despite close temporal proximity between the illegal entry and consent E. holding that a close temporal proximity between a public employees speech and a defendants actions suggested a causal relationship

assistant: The best answer is D. holding that consent was valid despite close temporal proximity between the illegal entry and consent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon satisfaction of the conditions set forth herein, a closing shall occur at the principal offices of the Company, or such other location as the parties shall mutually agree. At closing, Holder shall deliver certificates representing the Exchange Securities to the Company and the Company shall deliver to such Holder a certificate evidencing the Preferred Shares, in the name(s) and amount(s) as indicated on Schedule A annexed hereto. Upon closing, any and all obligations of the Company to Holder under the Exchange Securities shall be fully satisfied (including any rights related to the Exchange Securities under the Purchase Agreement and any accrued but unpaid interest or any other fees due and owing under the Note), the certificates evidencing the Exchange Securities shall be cancelled and Holder will have no remaining rights, powers, privileges, remedies or interests under the Exchange Securities.

assistant: Closings
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 of this Agreement is determined by a court to require the Company to do or to fail to do an act that is in violation of applicable law, such provision shall be limited or modified in its application to the minimum extent necessary to avoid a violation of law, and, as so limited or modified, such provision and the balance of this Agreement shall be enforceable in accordance with their terms.

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: 151, 27 L.Ed. 887 (1883)). Whüe repeals by implication “are not favored,” Congress is not required to make an express statement in order to modify an existing statute via subsequent appropriations legislation. Tennessee Valley Auth. v. Hill, 437 U.S. 153, 189, 98 S.Ct. 2279, 57 L.Ed.2d 117 (1978) (internal quotation marks omitted). A “positive repugnancy” between the existing statute and the appropriations statute is sufficient to indicate the earlier statute’s suspension or repeal. Id. at 190, 98 S.Ct. 2279 (internal quotation marks omitted); see also Morton v. Mancari, 417 U.S. 535, 550, 94 S.Ct. 2474, 41 L.Ed.2d 290 (1974) (repeal is implied when the earlier and later statutes are “irreconcilable”). Congress could not have stated more clearly that the ATF is prohib -16 (E.D.Va.1999) (<HOLDING>). Since the ATF owes the plaintiff no duty Options: A. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances B. holding that section 925c authorizes judicial review of only the denial of an application for relief C. holding that the only role for the judiciary is judicial review of a denial of relief under 925c D. holding that congress clearly intended to suspend 925c relief by denial of funding for investigating and processing applications under the statute and denying writ of mandamus E. holding that a denial of due process warrants mandamus relief

assistant: The best answer is D. holding that congress clearly intended to suspend 925c relief by denial of funding for investigating and processing applications under the statute and denying 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 legal provision and list the applicable contract clause categories. Provision: SCHEDULE 3.12 sets forth a complete and correct list of all of the following that are owned or used by Seller and are used in the GAP Business: patented or registered Intellectual Property and pending patent applications and other applications for registration of Intellectual Property; all material unregistered trademarks, service marks, trade names, corporate names, logos, slogans and Internet domain names; all material unregistered copyrights; computer software (other than commercially-available, off-the-shelf software purchased or licensed for a total cost of less than US$10,000) and all Contracts, licenses or similar agreements or arrangements to which Seller is a party, either as licensee or licensor, for the Intellectual Property (excluding licenses for unmodified, commercially-available, off-the-shelf software purchased or licensed for a total cost of less than US$10,000).

assistant: Intellectual 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: to a misrepresentation claim if the company knew the “off-label” use of its ladders was not safe. Thus the distinction between truthful and fraudulent off-label matters also matters when it comes to implied preemption. Mere “off-label” promotion, divorced from any negligent or fraudulent misrepresentations, would likely not run afoul of state tort law. See Gavin, 2013 WL 3791612, at *7; Caplinger, 921 F.Supp.2d at 1219-20. But Schouest’s affirmative misrepresentation claims are based on independent state law duties that Medtronic allegedly violated after the initial PMA process. Because these claims would apply to a seller of a product not subject to any federal regulations who engaged in similar alleged misconduct, they are not impliedly preempted. See Houston, 957 F.Supp.2d at 1179 (<HOLDING>); Eidson, 981 F.Supp.2d at 885, 2013 WL Options: A. holding that state fraudbased claims that include offlabel promotion allegations are not impliedly preempted under buckman because they are moored in traditional state common law that exists independently from the fdca B. holding that even if such claims are cognizable under state law they are preempted in the case of generic drug manufacturers C. holding the state law claims were not preempted D. holding that state law fraud on the fda claims were impliedly preempted by the food drug and cosmetic act E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is A. holding that state fraudbased claims that include offlabel promotion allegations are not impliedly preempted under buckman because they are moored in traditional state common law that exists independently from the fdca
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure to exercise and no delay in exercising, on the part of any Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

assistant: No Waivers
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: 56(c)). “A ‘genuine’ issue is one that could be resolved in favor of either party, and a ‘material fact’ is one that has the potential of affecting the outcome of the case.” Calero-Cerezo v. U.S. Dep’t. of Justice, 355 F.3d 6, 19 (1st Cir.2004) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). “The moving party ‘bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of [the record] which it believes demonstrate the absence of a genuine issue of material fact.’ ” DeNovellis v. Shalala, 124 F.3d 298, 306 (1st Cir.1997) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)); see also Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548 (<HOLDING>). “Once the moving party has pointed to the Options: A. holding that if the movant cannot demonstrate conclusively that the nonmovant cannot prevail summary judgment is precluded B. holding that in order for the movant to prevail on a summary judgment motion movant must either factually refute the affirmative defenses or establish that they are legally insufficient C. holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances D. holding that in summary judgment proceeding movant may prevail by averring that nonmoving party cannot establish an element essential to her case E. recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case

assistant: The best answer is D. holding that in summary judgment proceeding movant may prevail by averring that nonmoving party cannot establish an element essential to her case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure on the part of the Depositary Bank, the Collateral Agent or any First Lien Secured Party or any of their nominees or representatives to exercise, and no course of dealing with respect to, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by the Depositary Bank, the Collateral Agent or any First Lien Secured Party or any of their nominees or representatives of any right, power or remedy.

assistant: No Waivers
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: True, the Ohio General Assembly has tasked the county offices with implementing the NVRA; but, as previously explained, the General Assembly also tasked the Director with the power to enforce any county transgressions of federal law. This is not an either-or proposition. The fact that some states, like Ohio, delegate the administration of public assistance programs to counties or municipalities should not mean that those states are free of all statutory obligations. See New York, 255 F.Supp.2d at 79 (“It would be plainly unreasonable to permit a mandatorily designated State agency to shed its NVRA responsibilities because it has chosen to delegate the rendering of its services to local municipal agencies.”); see also Henrietta D. v. Bloomberg, 331 F.3d 261, 286 (2d Cir.2003) (<HOLDING>). The federal food stamp program is Options: A. holding that new york could not avoid its obligations under the rehabilitation act by delegating authority to localities to deliver federally funded services B. holding that a financial guaranty payable in new york is a contract to perform services in new york subjecting foreign guarantor to jurisdiction under 302a1 C. holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york D. holding that the plaintiff in an eviction proceeding by a private landlord in federally funded section 8 housing could assert claims for violations of the rehabilitation act and fha as affirmative defenses with regard to nopet policy E. holding that post2001 new york was clearly subject to suit under section 504 of the rehabilitation act

assistant: The best answer is A. holding that new york could not avoid its obligations under the rehabilitation act by delegating authority to localities to deliver federally funded services
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 invalidity, illegality, or unenforceability of any provision under the Loan Documents in any jurisdiction shall not affect or impair the remaining provisions in the Loan Documents or any such invalid, unenforceable or illegal provision in any jurisdiction in which it is not invalid, unenforceable or illegal.

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: If an officer engaging in a consensual encounter with a citizen discovers an arrest warrant, the arrest is valid and any evidence discovered during a search incident to arrest is admissible. See United States v. Robinson, 414 U.S. 218, 235, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973) (emphasizing that search incident to arrest requires no additional justification). Consent, however, is the hallmark of such an encounter. ¶ 8 Although the trial court found Officer Lewis’s encounter with Hummons consensual, the court of appeals assumed, without deciding, that Officer Lewis illegally detained Hummons before discovering the warx’ant and then arresting and searching him. The court therefore considered whether the search was sufficiently attenuated fi’om any i 945 P.2d 1260, 1275 (1997) (<HOLDING>). ¶ 12 The court of appeals, however, Options: A. holding that the courts determination of whether an officer had probable cause for an arrest is an independent and objective determination and an officers own subjective reason for the arrest is irrelevant B. holding that motive of officers is generally irrelevant to fourth amendment analysis C. holding that probable cause to believe the traffic code had been violated rendered the stop reasonable under the fourth amendment regardless of officers subjective intent D. holding that as long as officers possess a valid warrant the subjective intent of officers is irrelevant E. holding by failing to raise it to the district court the government waived its argument the subjective intent of the officers was irrelevant for establishing probable cause

assistant: The best answer is D. holding that as long as officers possess a valid warrant the subjective intent of officers is irrelevant
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 transactions contemplated by this Agreement are unique. Accordingly, each of the Company and the Investor acknowledges and agrees that, in addition to all other remedies to which it may be entitled, each of the parties hereto is entitled to seek a decree of specific performance, provided that the party seeking specific performance is not in material default hereunder. The Company and the Investor agree that, if for any reason a party shall have failed to perform its obligations under this Agreement, then the party seeking to enforce this Agreement against such nonperforming party shall be entitled to specific performance and injunctive and other equitable relief, and the parties further agree to waive any requirement for the securing or posting of any bond in connection with the obtaining of any such injunctive or other equitable relief. This provision is without prejudice to any other rights that any party may have against another party for any failure to perform its obligations under this Agreement, including the right to seek damages for a breach of any provision of this Agreement, and all rights, powers and remedies available (at law or in equity) to a party in respect hereof by the other party shall be cumulative and not alternative or exclusive, and the exercise or beginning of the exercise of any thereof by a party shall not preclude the simultaneous or later exercise of any other rights, powers or remedies by such party.

assistant: Specific Performance
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: whether this enforceable clause so undermines the two-year requirement that it renders the provision illusory or not a real obligation. Stein v. Paradigm Mirsol, LLC, No. 2:07cv71-FTM-29DNF, 2008 WL 344492, *3-4, *5 (M.D.Fla. Feb.7, 2008) (slip op.) (emphasis added). Judge Steele held that a delay for acts of God “has a well established and limited definition that does not render the Agreement illusory.” Id. at *5. However, the other provisions at issue in Stein, including excused completion in two years for “other delays beyond the control of the Seller,” he held were not limited to the narrow doctrine of impossibility of performance which “is employed with great caution” under Florida law. Id. at *5 n. 4. See also Schatz v. Jockey Club Phase III, Ltd., 604 F.Supp. 537 (S.D.Fla.1985) (<HOLDING>); see also HUD 1984 Guidelines for Exemptions Options: A. holding that to grant extension judge must render extension order which must schedule new date for dismissal B. holding that twoyear delay was not reasonable C. holding unconditional commitment under ilsfda was not established by terms of contract that permitted extension of twoyear completion date based on conditions beyond the control of seller and limited purchasers remedies D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due

assistant: The best answer is C. holding unconditional commitment under ilsfda was not established by terms of contract that permitted extension of twoyear completion date based on conditions beyond the control of seller and limited purchasers remedies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, all of which will be considered one and the same agreement and will become effective when one or more counterparts have been signed by each of the parties and delivered to the other parties, it being understood that all parties need not sign the same counterpart.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No interest will accrue on Contributions of a Participant in the Plan, except as may be required by Applicable Law, as determined by the Company, for Participants in the Non-423 Plan Component (or the Code Section 423 Plan Component if permitted under Section 423 of the Code).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any provision of this Agreement to the contrary, if any payment or benefit to be paid or provided hereunder or under any other plan or agreement would be an “Excess Parachute Payment,” within the meaning of Section 280G of the Code, or any successor provision thereto, but for the application of this sentence, then the payments and benefits to be paid or provided hereunder shall be reduced to the minimum extent necessary (but in no event to less than zero) so that no portion of any such payment or benefit, as so reduced, constitutes an Excess Parachute Payment; provided, however, that the foregoing reduction shall be made only if and to the extent that such reduction would result in an increase in the aggregate payments and benefits to be provided, determined on an after-tax basis (taking into account the excise tax imposed pursuant to Section 4999 of the Code, or any successor provision thereto, any tax imposed by any comparable provision of state law, and any applicable federal, state and local income taxes). The determination of whether any reduction in such payments or benefits to be provided hereunder is required pursuant to the preceding sentence shall be made at the expense of the Company, if requested by Employee or the Company, by the Company’s independent accountants or a nationally recognized law firm chosen by the Company. The fact that Employee’s right to payments or benefits may be reduced by reason of the limitations contained in this Section shall not of itself limit or otherwise affect any other rights of Employee under this Agreement. In the event that any payment or benefit intended to be provided hereunder is required to be reduced pursuant to this Section, then the reduction shall occur in the following order: (a) reduction of the portion of the CIC Severance Amount described under Section 1.4(a); (b) reduction of the portion of the CIC Severance Amount described under Section 1.4(b); (c) reduction of the Enhanced Supplemental Pension Benefit; (d) Reduction of the Supplemental SIP Plan Benefit; and (e) reduction of the cash reimbursements described in Section 4.6(a).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the parties ... had an adequate opportunity to litigate.” University of Tennessee v. Elliott, 478 U.S. 788, 799, 106 S.Ct. 3220, 3226, 92 L.Ed.2d 635 (1986) (quotations & citations omitted); see also Gjellum v. City of Birmingham, 829 F.2d 1056, 1070 (11th Cir.1987). In this case, the Board could not have been “acting in a judicial capacity” because it was acting as Brady’s employer when it discharged Brady. See Fla.Stat. § 240.319(3)(i )1 (providing that “board of trustees shall provide for the ... removal of personnel”) (emphasis added); Fla.Admin.Code Rule 6A-14.0411(6) (providing that employee under continuing contract “may be ... dismissed by the board upon recommendation of the president”) (emphasis added); Burney v. Polk Community College, 728 F.2d 1374, 1376 (11th Cir.1984) (<HOLDING>); see also Perkins v. School Bd. of Pinellas Options: A. recognizing relationship between malice and reprehensibility B. holding that the special relationship exception does not apply to the relationship between a student and a school C. holding that the csu board of trustees and individual trustees sued in their official capacity are a political arm of the state and as such are immune from suit D. recognizing employeremployee relationship between board of trustees and tenured guidance counselor E. recognizing employeremployee relationship between county school board and teacher

assistant: The best answer is D. recognizing employeremployee relationship between board of trustees and tenured guidance counselor
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, including Attachment A which is incorporated by reference, constitutes the entire agreement between the Parties concerning the subject matter of this Agreement. This Agreement supersedes any prior communications, agreements or understandings, whether oral or written, between the Parties relating to the subject matter of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: subject to the terms and conditions set out in these terms of service , you are hereby granted a non-exclusive , limited , non-transferable , freely revocable license to use the services for your internal business purposes .

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: the jurisdiction of this state.” Miss.Code Ann. § 75-9-102 (1972). The law of the jurisdiction where the collateral is located therefore controls. First National Bank & Trust Co. v. Atlas Credit Corp., 417 F.2d 1081, 1082 (10th Cir. 1969). Because the airplane covered by the security interest is located in Kentucky, we shall apply the law of that state. The UCC defines security interest as “an interest in personal property or fixtures which secures payment or performance of an obligation.” Ky.Rev.Stat. § 355.1-201(37) (1970). A security interest thus has no validity absent its underlying obligation; the satisfaction of that obligation extinguishes the security interest. See Texas Bank & Trust Co. v. Custom Leasing, Inc., 402 S.W.2d 926, 930 (Tex.Civ.App.—Amarillo, 1966, no writ) (<HOLDING>). In order to urge the continuing viability of Options: A. holding that foreclosure of a prior mortgage extinguished a declaration of condominium and interests in a parking lot that were subject to the mortgage B. holding that a mortgage or modification of a mortgage is not a good or a service under the dtpa C. holding that payment of debt extinguished accompanying chattel mortgage under precode law D. holding that foreclosure of prior mortgage extinguished second mortgage E. holding that a bank holding a chattel mortgage on an automobile damaged in a collision had an equitable lien in insurance proceeds because the mortgage required mortgagor to insure the vehicle and name mortgagee as a loss payee

assistant: The best answer is C. holding that payment of debt extinguished accompanying chattel mortgage under precode law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or filing required or permitted to be given to the Committee under the Plan shall be sufficient if in writing and hand delivered, or sent by registered or certified mail, to any member of the Committee or the Secretary of the Corporation. Such notice shall be deemed given as of the date of delivery or, if delivery is made by mail, as of the date shown on the postmark on the receipt for registration or certification.

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: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY LITIGATION, ACTION, PROCEEDING, CROSS-CLAIM, OR COUNTERCLAIM IN ANY COURT (WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF, RELATING TO OR IN CONNECTION WITH (I) THIS AGREEMENT OR THE VALIDITY, PERFORMANCE, INTERPRETATION, COLLECTION OR ENFORCEMENT HEREOF OR (II) THE ACTIONS OF THE PARTIES IN THE NEGOTIATION, AUTHORIZATION, EXECUTION, DELIVERY, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.

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 legal provision and list the applicable contract clause categories. Provision: Wyse shall keep as confidential all non-public information received from the Company in conjunction with this Agreement, except: (i) as requested by the Company or its legal personnel; (ii) as required by legal proceedings; or (iii) as reasonably required in the performance of this Agreement. All obligations as to non-disclosure shall cease as to any part of such information to the extent that such information is or becomes public other than as a result of a breach of this provision.

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: This Section shall survive any termination, expiration or cancellation of this Non-Disclosure Agreement. The Parties shall, and shall cause their respective Representatives to, continue to comply with this Section notwithstanding expiration of the Term (as such term is defined below) or any earlier termination of this Non-Disclosure Agreement. Except with respect to any Information that is Customer Information, CEII or Personal Information, Recipient’s obligations and duties under this Non-Disclosure Agreement shall have a term of [ ] [()] years from the Effective Date (the “Term”), but in no event will the confidentiality obligations herein terminate less than one (1) year from the date of the last disclosure. Notwithstanding any such termination, all rights and obligations hereunder shall survive (i) for the Special Information Term for all Customer Information, CEII or Personal Information disclosed prior to such termination, and (ii) for the Term for all other Information disclosed prior to such termination.

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 legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of this Note shall be governed by and construed and enforced in accordance with the internal laws of the State of Texas, without regard to the principles of conflict of laws thereof. Each party agrees that all legal proceedings concerning the interpretation, enforcement and defense of the transactions contemplated by this document (whether brought against a party hereto or its respective Affiliates, directors, officers, shareholders, employees or agents) shall be commenced in the state and federal courts sitting in the County of Harris (the “ Texas Courts ”). Each party hereto hereby irrevocably submits to the exclusive jurisdiction of the Texas Courts for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of this document), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of such Texas Courts, or such Texas Courts are improper or inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Note and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by applicable law. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any and all right to trial by jury in any legal proceeding arising out of or relating to this Note or the transactions contemplated hereby. If either party shall commence an action or proceeding to enforce any provisions of this Note, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its reasonable attorney’s fees and other costs and expenses reasonably incurred in the investigation, preparation and prosecution of such action or proceeding.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: issued a press release when this occurred, claiming that “[t]aken as a whole — and not selectively out of context — these documents more than demonstrate that our company responsibly researched, manufactures and markets its products to adult smokers.” Ex. to Def.’s Mem. of Law, Tab F. In May 1998, State v. Philip Morris settled. Incorporated in the consent judgment was a provision permitting the plaintiffs to seek court approval for public disclosure of those documents that were subject to a protective order, over which the defendants had asserted a privilege but for which no privilege was found to exist. The plaintiffs sought said approval, and the court initially granted it. * The defendants opposed the order, and subsequently secured a stay . of Am., 91 F.R.D. 84, 90 (E.D.N.Y.1981) (<HOLDING>). Furthermore, nothing in New York case law Options: A. holding that voluntary testimony before a grand jury did not waive the privilege at trial because it is settled that a waiver of the fifth amendment privilege is limited to the particular proceeding in which the waiver occurs B. holding that the burden of proof lies on the party asserting the protection of the work product doctrine C. holding that disclosure to outside accountants did not waive the work product privilege since the accountants are not considered a conduit to a potential adversary D. holding that when a party discloses an item to an adversary even in the context of settlement a waiver of the work product privilege is effected E. holding declaration or affidavit must support work product claim for documents listed solely as work product on privilege log

assistant: The best answer is D. holding that when a party discloses an item to an adversary even in the context of settlement a waiver of the work product privilege is effected