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: constitute sufficient contacts with Virginia, UHP does not even allege that Spir Star D. had such knowledge. UHP bases its argument that there are sufficient contacts on the fact that Spir Star D. has purposely availed itself of the United States market with no attempt to avoid Virginia. See UHP’s Brief at 6. There is absolutely no support in the case law for UHP’s theory of personal jurisdiction. Under UHP’s theory, anytime a company places a product into the stream of commerce, and does not take affirmative steps to keep its product out of a particular forum, the company would be subject to liability in that forum. In any event, the Fourth Circuit Court of Appeals has clearly rejected the stream of commerce theory. Federal Ins. Co. v. Lake Shore Inc., 886 F.2d 654, 659 (4th Cir.1989) (<HOLDING>). According to the court, placing a product in Options: A. holding court may rely on other evidence in the record where plaintiffs total time theory has been rejected B. holding that a plaintiff may not rely on an unadorned stream of commerce theory to justify the assertion of personal jurisdiction over defendants C. holding that a plaintiff may rely on the same evidence to prove both pretext and discrimination D. holding that the ij may not rely on a factually unsupported assertion in a state department report to deem an applicant not credible E. holding that court did not have personal jurisdiction over nonresident defendant because plaintiff failed to show that defendant was assignee of assignor over whom court had personal jurisdiction

assistant: The best answer is B. holding that a plaintiff may not rely on an unadorned stream of commerce theory to justify the assertion of personal jurisdiction over defendants
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: Slagle’s claim for prosecutorial misconduct. The warden argues that Slagle cannot challenge seventeen of the prosecution’s alleged improper comments because Slagle failed to make a contemporaneous objection to those statements at trial. Although Ohio’s contemporaneous objection rule can be an adequate and independent state ground that is sufficient to foreclose Slagle’s challenges to those comments, see Biros v. Bagley, 422 F.3d 379, 387 (6th Cir.2005); Williams v. Bagley, 380 F.3d at 968-69, two considerations counsel against applying a procedural bar to his challenges. First, the warden’s objection in her brief to this court was insufficient because she has not identified with specificity which statements are allegedly defaulted. See Baze v. Parker, 371 F.3d 310, 320 (6th Cir.2004) (<HOLDING>). The warden merely says that “17 of the 24 Options: A. holding state is required to raise procedural bar as affirmative defense or it is waived B. holding that guarantors can waive the defense before default C. holding that the government did not waive an affirmative defense not pleaded in the answer because it raised the defense at a pragmatically sufficient time by listing the defense in the joint pretrial order D. holding that the state may waive the affirmative defense of procedural default by failing to assert it E. holding a plaintiff cannot assert a violation of the ecoa as an affirmative defense

assistant: The best answer is D. holding that the state may waive the affirmative defense of procedural default by failing to assert it
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: living expenses. As the name implies, the reimbursement is to cover the cost of tuition, not the cost of living expenses. The expense of adult college education does not fall into the same category as expenses for housing, food, and transportation, which are included as imputed income if reimbursed. This reasoning is consistent with child support decisions in other jurisdictions. Although no other state has specifically addressed the issue of tuition reimbursement, a number of states have examined the effect of student loans or grants on child support. Courts agree that when a loan or grant is to cover the cost of tuition and books, it should not be considered as income in calculating child support. E.g., In re Marriage of Rocha, 68 Cal. App. 4th 514, 517, 80 Cal. Rpt. 2d 376 (1998) (<HOLDING>); Lacey v. Lacey, 2003 WL 23206069, 4 (Tenn. Options: A. holding that educational loans cannot be considered for calculating child support since they have to be repaid B. holding that where payments are made on past due support they must first be applied to current child support installments due then to accrued and outstanding interest on delinquent child support obligations and finally to the principal amount due on unpaid child support C. holding that student loans for debtors sons education were for family purposes and should be considered consumer debt D. holding that child support should have been made retroactive E. holding that attorneys fees and costs may not be awarded as child support when they are incurred in a suit to modify the parentchild relationship that does not involve the enforcement of a child support obligation

assistant: The best answer is A. holding that educational loans cannot be considered for calculating child support since they have to be repaid
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 Release, with attachments, the PIIA, the Participation Agreement and the Severance Plan comprise the entire agreement and understanding of the parties with respect to the subject matter, specifically including but not limited to any terms and conditions of employment or the termination of employment, and there are no agreements or understandings other than those contained herein. Further, this Release is intended to be a binding contract among the parties hereto and shall not be modified, except by writing signed by both Employee and the Company. The provisions of this Release shall be deemed severable, and the invalidity or unenforceability of any provision (or part thereof) of this Release shall in no way affect the validity or enforceability of any other provisions (or remaining part thereof).

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: INIS shall notify Progenics of each increase in any Supply Price it intends to take under Section 7.2(a), which notice shall be accompanied by reasonable supporting documentation supporting such increase as appropriate. In the event that Progenics disputes the amount of any increase in the Supply Price of any Product in accordance with the foregoing and such Supply Price is subsequently adjusted upon resolution of such dispute, then Progenics shall be entitled to a credit or a refund, at its option, equal to the difference between the amount, if any, paid by Progenics for any such Product delivered prior to such resolution and invoiced at the higher Supply Price, and the amount that should have been invoiced to Progenics for such Product based on the adjusted Supply Price.

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: stated in the invitation for bids. It relies on the following statutory language: Bids shall be evaluated based on the requirements set forth in the invitation for bids, which requirements may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose. Those criteria such as discounts, transportation costs and total or life-cycle costs that will affect the bid price shall be objectively measurable, which shall be defined by regulation. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids. Section 13-1-105. It further relies on Planning & Design Solutions, 118 N.M. at 712, 885 P.2d at 633 (<HOLDING>). {26} However, the statutory requirement that Options: A. holding that the definition of procurement under the tucker act is broader than the definition of procurement contract in the fgcaa such that an agency can engage in a procurement process for the purposes of the tucker act even though it is using a cooperative agreement instead of a procurement contract to memorialize the parties agreement B. holding that without a valid reason for cancelling the procurement the government violated its duty to conduct a fair procurement C. holding that the challenge to the sign code is moot because the original code was repealed and superseded and there was no reasonable likelihood the city would reenact the old code D. holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law E. holding city violated procurement code by improperly adding to evaluation criteria after receiving bids the factor that local firms would be favored

assistant: The best answer is E. holding city violated procurement code by improperly adding to evaluation criteria after receiving bids the factor that local firms would be favored
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 waiver by either Party of any term or condition of this Agreement, no matter how long continuing or how often repeated, shall be deemed a waiver of any subsequent act or omission, nor shall any delay or omission on the part of either Party to exercise any right, power, or privilege or to insist upon compliance with any term or condition of this Agreement be deemed a waiver of such right, power or privilege or excuse a similar subsequent failure to perform any such term or condition. All waivers must be in writing and signed by the Party granting such waiver.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: This Agreement supersedes any statements, representations or agreements of the Company with respect to the grant of the Award, and the Participant hereby waives any rights or claims related to any such statements, representations or agreements. This Agreement does not supersede or amend any existing confidentiality agreement, non-competition agreement, non-solicitation agreement, employment agreement, consulting agreement or any other similar agreement between the Participant and the Company, including, but not limited to, any restrictive covenants contained in such agreements. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective executors, administrators, next-of-kin, successors and assigns.

assistant: Binding Effects
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 and the option evidenced hereby are made and granted pursuant to the Plan and are in all respects limited by and subject to the terms of the Plan. In the event of a conflict between the terms and conditions of the Plan and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail. All decisions of the Committee with respect to any question or issue arising under the Plan or this Agreement shall be conclusive and binding on all persons having an interest in this option.

assistant: Construction
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: 58 F.3d 896, 903-04 (3d Cir.1995) (“the fact that the ... plans used terms such as ‘lifetime’ or ‘for life’ to describe the duration of retiree medical benefits, while at the same time expressly reserving the company’s right to terminate the plans under which those benefits were provided, did not render the plans ‘internally inconsistent’ and therefore ambiguous.”). When the benefit plans and the collective bargaining agreement are read as a whole contract, it is clear that the phrase “will be covered” cannot mean a lifetime of unaltered coverage, as the plaintiffs contend, because the health benefit plans contain language in which the insurance company and NSTAR reserve the right to change or cancel coverage. See DeGeare v. Alpha Portland Indus., Inc., 837 F.2d 812, 816 (8th Cir.1988) (<HOLDING>), vacated and remanded on other grounds, 489 Options: A. holding that disability benefits are not retirementtype benefits B. holding that employers promise to provide welfare benefits until death of retiree did not create vested rights because employer had expressly reserved the right to terminate or amend the plan C. holding employers promise that retiree benefits will continue did not create vested lifetime benefits in the face of a termination clause D. holding that rights in a government benefits program were not vested property for purposes of the takings clause of the fifth amendment E. holding that retirement benefits are accrued benefits under erisa

assistant: The best answer is C. holding employers promise that retiree benefits will continue did not create vested lifetime benefits in the face of a termination clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: will issue for the remaining claims discussed above. b. claim first raised in first post-conviction proceeding The petitioner first raised claim 17(a) (ineffective assistance of trial counsel for failure to adequately investigate guilt issues) in his first petition for post-conviction relief. On appeal from the post-conviction court’s dismissal of that claim, the Eleventh District Court of Appeals found that much of the evidence that the petitioner used to support this claim was contained in the record. State v. Davie, No. 97-T-0175, 1998 WL 684157, at *3 (Ohio Ct.App. Sept. 25, 1998). The court held that the petitioner’s reliance on those materials rendered any portion of the claim relying on it barred by res judicata, citing State v. Perry, 10 Ohio St.2d 175, 226 N.E.2d 104 (1967) (<HOLDING>). The Sixth Circuit has held that the Perry Options: A. holding that issues that were raised and decided on direct appeal are barred by res judicata from further consideration on petition for postconviction relief B. holding that the doctrine of res judicata is applicable to defenses that could have been raised in a prior action C. holding that the claim of not being able to interview jurors was procedurally barred because the claim should and could have been raised on direct appeal D. holding that any claim that was raised or could have been raised on direct appeal is barred from review on post conviction under the doctrine of res judicata E. holding that the caldwell claim is procedurally barred because it could have been raised on direct appeal but was not

assistant: The best answer is D. holding that any claim that was raised or could have been raised on direct appeal is barred from review on post conviction under the doctrine of res judicata
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: Effective upon a Change in Control (as defined in the Plan, provided, however, that for purposes of this Agreement, such definition shall exclude the change in control of the Company that will occur as of the Company’s 2015 annual meeting of stockholders), if the Grantee is employed by the Company or an Affiliate immediately prior to the date of such Change in Control, then the shares of Restricted Stock set forth in Section 2(a) and the number of shares of Restricted Stock earned pursuant to Section 2(b) based on the Average Share Price meeting or exceeding the applicable Share Price Targets will fully vest and the restrictions imposed upon such shares of Restricted Stock by Section 2 will be immediately deemed to have lapsed, but, with respect to shares of Restricted Stock described in Section 2(b), only if and to the extent that earned based on the Average Share Price meeting or exceeding the applicable Share Price Targets on or prior to the date of such Change in Control.

assistant: Change In Control
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: case, it shall mail a notice to all parties at their last known address stating the reasons for the review and the issues to be considered. 20 C.F.R. § 404.973 (1986) (emphasis added). As we stated in Kennedy, the language of section 404.973 entitles the claimant to notice of the Appeals Council’s decision to review the AU’s determination. Specifically, the Appeals Council must state “the reasons for the review and the issues to be considered.” § 404.973 (emphasis added). Therefore, we hold as we did in Kennedy, that failure to give the required notice under section 404.973 precludes the Appeals Council from revisiting issues which were beyond those framed by the claimant if the council has not given notice of its intention to do so. Accord Powell v. Heckler, 789 F.2d 176 (3d Cir.1986) (<HOLDING>); contra Delong v. Heckler, 111 F.2d 266 (7th Options: A. holding that in its review of the irs exercise of discretion the court is limited to a review of the administrative record B. holding that the district court must give parties notice of intent to depart C. holding that in federal cases partys right to assert a privilege is dictated by federal law D. holding that the councils responsibility to give notice of its intent to expand review is dictated by 20 cfr 404969 which addresses councilinitiated review E. recognizing limited jurisdiction of judiciary to review such decisions under 8 cfr 2442 and holding that court lacked authority to review inss discretionary grant of voluntary departure

assistant: The best answer is D. holding that the councils responsibility to give notice of its intent to expand review is dictated by 20 cfr 404969 which addresses councilinitiated review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may deduct or withhold, or require the Participant or the Participant’s beneficiary to remit to the Company or its affiliates, an amount sufficient to satisfy federal, state, and local taxes, domestic or foreign, required by law or regulation to be withheld with respect to any taxable event arising as a result of an award of Performance Shares.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the representations and warranties set forth in this Agreement shall survive the consummation of the transactions contemplated hereby for a period of one year after the date hereof. Except as otherwise provided herein, all covenants and agreements contained herein shall survive until, by their respective terms, they are no longer operative.

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 legal provision and list the applicable contract clause categories. Provision: The Company shall have the right to (a) require any Participant or beneficiary to pay to the Company the amount of any taxes which the Company may be required to withhold with respect to any benefits earned under, or distributions from, the Plan or (b) deduct from all amounts paid the amount of any taxes which the Company may be required to withhold with respect to any such distributions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of an Event of Default, the non-defaulting Member may exercise, in addition to all other rights and remedies provided in this Agreement or available at law or in equity, any one or more of the remedies provided for in Section 12.08 (c) below.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller shall provide to Purchaser any Licensure Surveys, including, without limitation, reports, waivers of deficiency, plans of correction, and any other investigation reports issued with respect to the Facility between the Effective Date and the Closing Date. Seller shall be obligated to deliver to Purchaser upon Purchaser’s request all information and documentation within Seller’s control to enable Purchaser to make timely filings with the Governmental Authorities.

assistant: Cooperation
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: at 19. In doing so, the Fourth Circuit concluded that the statute was “nothing more nor less than the action of Congress to insure that the procedure in the federal courts in the prosecution of a case involving the application of the death penalty complies with the Constitution.” Id. at 17. Thus, because § 848 is constitutionally firm, this Court’s only charge is to ensure that the Government has complied with the statute in a manner that does not aggrieve Defendants’ constitutional rights. As a threshold matter, there appears to be some conflict in the Fourth Circuit as to whether, under Ring, the aggravating factors required for a sentence of death need to be charged in the indictment and passed upon by a Grand Jury. Compare United States v. Higgs, 353 F.3d 281, 299 (4th Cir.2003) (<HOLDING>) ivith United States v. Wills, 346 F.3d 476, Options: A. holding double jeopardy did not prohibit capital prosecution of defendant who pled guilty to seconddegree murder and agreed to testify against codefendants but violated plea agreement by refusing to testify at retrial and state properly sought new indictment for capital murder resulting in death sentence imposed at trial for firstdegree murder B. holding that it is unconstitutional to base aggravating circumstance in capital prosecution on felony that was used to obtain firstdegree murder conviction C. holding that when two underlying offenses are charged in an indictment for capital murder the state need only prove one of the two offenses to support the conviction D. holding evidence sufficient to support aggravating factor of old age E. holding that an indictment for capital murder must contain at least one aggravating factor

assistant: The best answer is E. holding that an indictment for capital murder must contain at least one aggravating factor
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: attempt to resolve it). While the record does not reveal the bankruptcy court’s reasons for denying relief from the injunction, the district court’s opinion affords some guidance. In upholding the bankruptcy court’s refusal to relax the injunction, that court cited the substantial delay in the liquidation of BRMC that this litigation already had caused and concluded that, in all events, any proceeding brought by the churches in the probate court likely would be a waste of time. BRMC III, 2004 WL 1778881, at *5-*6 & n. 12. Although the matter is far from clear, we assume, for argument’s sake, that the probate court retains the authority, even at this late date, to modify its decree confirming Ms. Krauss’s estate plan. Cf. O’Brien v. Dwight, 363 Mass. 256, 294 N.E.2d 363, 380-81 (1973) (<HOLDING>). Even so, the mere fact that relief which is Options: A. holding that probate courts have the continuing power to revoke or modify their decrees but suggesting that such action would only be appropriate in limited circumstances B. holding that the power to terminate a contract atwill subsumes the power to modify its terms C. recognizing district courts power to admit evidence for a limited purpose D. holding that the recognition power is not limited to a determination of the government to be recognized but rather includes the power to take actions without which the power of recognition might be thwarted E. holding that consent decrees and orders should be construed as contracts

assistant: The best answer is A. holding that probate courts have the continuing power to revoke or modify their decrees but suggesting that such action would only be appropriate in limited circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the passage quoted above, we explicitly noted that “the government is not required to furnish the defendant with a list of witnesses in a non-capital case....” Id. at 1392 n. 4. Accordingly, we conclude that under Hicks and Rule 16, the district court exceeded its authority to the extent that it ordered the government to disclose a pretrial list of its non-expert witnesses. 2. Preclusion of Undisclosed Witnesses from the Government’s Case-in-Chief A district court has the power to exclude the government’s evidence as a sanction, but only for a “violation of any constitutional provision, federal statute, specific discovery order, or any other recognized right.” United States v. Schwartz, 857 F.2d 655, 658 (9th Cir.1988) (internal quotation marks omitted); see Gatto, 763 F.2d at 1046 (<HOLDING>); Fed.R.Crim.P. 16(d)(2)(C). Here, the district Options: A. holding that the trial court was within its discretion to exclude because the record showed considerable confusion on the part of the juror B. holding that federal rule of evidence 408 authorizes the district court to exclude settlement letters C. holding that the separationofpowers principle imposes significant limits on the district courts use of its supervisory powers to exclude governments evidence D. holding it was not an abuse of discretion to exclude testimony E. recognizing that courts have discretion to exclude evidence as a sanction for violation of a discovery order

assistant: The best answer is C. holding that the separationofpowers principle imposes significant limits on the district courts use of its supervisory powers to exclude governments evidence
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 Participant must pay the Company, or make provision satisfactory to the Administrator for payment of, any taxes required by law to be withheld in connection with such Participant ’ s Awards by the date of the event creating the tax liability. The Company may deduct an amount sufficient to satisfy such tax obligations based on the minimum statutory withholding rates (or such other rate as may be determined by the Company after considering any accounting consequences or costs) from any payment of any kind otherwise due to a Participant. Subject to Section 10.8 and any Company insider trading policy (including blackout periods), Participants may satisfy such tax obligations (i) in cash, by wire transfer of immediately available funds, by check made payable to the order of the Company; provided, that, the Company may limit the use of one of the foregoing methods if one or more of the exercise methods below is permitted, (ii) to the extent permitted by the Administrator, in whole or in part by delivery of Shares, including Shares retained from the Award creating the tax obligation, valued at their Fair Market Value, (iii) if there is a public market for Shares at the time the tax obligations are satisfied, unless the Company otherwise determines, (A) delivery (including telephonically to the extent permitted by the Company) of a notice that the Participant has placed a market sell order with a broker acceptable to the Company with respect to Shares then issuable upon exercise of the Award and that the broker has been directed to deliver promptly to the Company sufficient funds to satisfy the tax obligations, or (B) delivery by the Participant to the Company of a copy of irrevocable and unconditional instructions to a broker acceptable to the Company to deliver promptly to the Company cash or a check sufficient to satisfy the tax withholding; provided that such amount is paid to the Company at such time as may be required by the Administrator, or (iv) to the extent permitted by the Company, any combination of the foregoing payment forms approved by the Administrator. If any tax withholding obligation will be satisfied under clause (ii) of the immediately preceding sentence by the Company ’ s retention of Shares from the Award creating the tax obligation and there is a public market for Shares at the time the tax obligation is satisfied, the Company may elect to instruct any brokerage firm determined acceptable to the Company for such purpose to sell on the applicable Participant ’ s behalf some or all of the Shares retained and to remit the proceeds of the sale to the Company or its designee, and each Participant ’ s acceptance of an Award under the Plan will constitute the Participant ’ s authorization to the Company and instruction and authorization to such brokerage firm to complete the transactions described in this sentence.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller represents and warrants that: (a) all KCD-Branded Products have been or will be produced, assembled packaged, tagged, labeled, packed, shipped and invoiced (“ Products Production ”) in compliance with the applicable requirements of federal, state and local laws, regulations, ordinances and administrative orders and rules of the United States and its territories and those of all other countries in which such Products Production or delivery of KCD-Branded Products takes place; (b) Seller, its affiliates, and the Personnel of each of them who are involved in the Products Production or delivery of KCD-Branded Products each will during the term of each Vendor Agreement strictly comply with all applicable federal, state and local laws, regulations, and prohibitions of the United States and its territories, and the laws, regulations, and prohibitions of all countries in which any Products Production or delivery of KCD-Branded Products occurs including all laws, regulations and prohibitions governing the working conditions, wages, hours and minimum age of the work force; and (c) Products Production has not and will not involve at any time, in whole or in part, any use of child, convict or forced labor. Seller will provide Buyer with any guaranty of compliance with the foregoing in such form as Buyer may designate with respect to any Products.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective when it shall have been executed by the Company, MJC and the Administrative Agent and when the Administrative Agent shall have received copies hereof (telecopied or otherwise) which, when taken together, bear the signature of each Lender, and thereafter shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that neither the Company nor MJC shall have the right to assign any rights hereunder or any interest herein without the prior consent of all the Lenders.

assistant: Binding Effects
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: 337, 339, 39 L.Ed 409 (1895)] Although the constitutional right to confrontation is firmly entrenched in American jurisprudence, the right is not absolute. Craig, supra, 497 U.S. at 844, 110 S.Ct. at 3163, 111 L.Ed.2d at 677. Both the United States Supreme Court and this Court have held that the right is subject to certain exceptions of consequence. Id. at 857, 110 S.Ct. at 3170, 111 L.Ed.2d at 686 (using closed circuit television testimony does not violate Confrontation Clause where child witness fears defendant); Idaho v. Wright, 497 U.S. 805, 110 S.Ct. 3139, 111 L.Ed.2d 638 (1990) (admitting hearsay statements into evidence does not violate Confrontation Clause when statements have sufficient indicia of reliability); Coy v. Iowa, 487 U.S. 1012, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988) (<HOLDING>); Pennsylvania v. Ritchie, 480 U.S. 39, 107 Options: A. holding that where statutory or regulatory provisions which evidence the public policy themselves provide a remedy for the wrongful discharge provision of a further remedy under the public policy exception is unnecessary B. holding an exception to confrontation clause must further important public policy C. recognizing the public interest exception D. recognizing public policy exception to atwill doctrine E. holding that a judges infringement of an important public policy is grounds for aggravation

assistant: The best answer is B. holding an exception to confrontation clause must further important public policy
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: `` dispute '' as used in this section 18 means any dispute , cause of action , claim or controversy arising out of or in any way related to oculus , these terms , the subject matter of these terms or access to and use of the services , including , but not limited to , contract , personal injury , tort , warranty , statute or regulation , or other legal or equitable basis and disputes that involve third parties ( such as developers of third-party content ) , except any dispute , cause of action , claim or controversy relating to oculus ' intellectual property ( such as trademarks , trade dress , domain names , trade secrets , copyrights and/or patents ) .

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: on the court of appeals, an amended notice of appeal filed by the State pursuant to Rule 25.2(d), which did contain the previously omitted certifications, could not retroactively confer jurisdiction on the court of appeals. Id. at 413. Specifically, the court said: It is true that Rule 25.2(d) allows an amendment to a notice of appeal. But when the Legislature granted this Court rule-making authority, it expressly provided that the rules could not abridge, enlarge or modify the substantive rights of a litigant. And our caselaw prevents a court of appeals from using an appellate rule to create jurisdiction where none exists. It does not matter which appellate rule the court of appeals attempts to use, be it former Rule 83, former Rule 2(b), or current Rule 25.2(d) Tex. Crim.App.1994) (<HOLDING>). Because appellant’s original notice does not Options: A. holding that notice requirements under rule 252b3 are jurisdictional B. holding service requirements under fedrcivp 4 to be jurisdictional C. holding that notice requirements of 4206a are jurisdictional D. holding that notice requirements under former rule 40b1 are jurisdictional E. holding that regulatory requirements are not jurisdictional in nature

assistant: The best answer is D. holding that notice requirements under former rule 40b1 are jurisdictional
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: 22.2 no joint venture , partnership , employment , or agency relationship exists between you and airbnb as a result of this agreement or your use of the airbnb platform .

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: opinions is as follows: ■The undersigned gives these opinions great weight and adopted some of the postural restrictions but has further restricted the claimant to no climbing of ladders, ropes, or scaffolds and no work around hazards due to her ankle and diabetes. PagelD 71. The ALJ makes no effort to specifically scrutinize the opinions of the record-reviewers and points to nothing in the record to support their warranting “great weight.” The ALJ’s conclusory assessment of the record-reviewers’ opinions thus erroneously fails to give a meaningful explanation of any of the required 20 C.F.R. § 404.1527(c) factors, and evidences application of “greater scrutiny” to the opinions given by treating sources, a practice deemed error by the Sixth Circuit. See Gayheart, 710 F.3d at 380 (<HOLDING>). Therefore, even assuming, arguendo, that the Options: A. holding even though experts are permitted to give an opinion they may not offer an opinion regarding the credibility of others B. recognizing that an advisory opinion is one that offers an opinion on a moot issue C. holding that the regulations do not allow the application of greater scrutiny to a treatingsource opinion as a means to justify giving such an opinion little weighty and indeed they call for just the opposite D. recognizing ajlthough presiding judge mccormicks opinion in davis is labeled a concurring opinion it was joined by a majority of the court and may be regarded as an opinion for the court E. holding a medical opinion to be not significantly probative where the opinion was contrary to other substantial record evidence

assistant: The best answer is C. holding that the regulations do not allow the application of greater scrutiny to a treatingsource opinion as a means to justify giving such an opinion little weighty and indeed they call for just the opposite
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when you publish content or information using the public setting , it means that you are allowing everyone , including people off of facebook , to access and use that information , and to associate it with you ( i.e. , your name and profile picture ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Patent Security Agreement and the security interest granted hereby (in each case, as to an individual Grantor) shall automatically terminate with respect to all of a Grantor’s Obligations and any Lien arising therefrom shall be automatically released upon termination of the Security Agreement or release of such Grantor’s obligations thereunder. The Collateral Agent shall, in connection with any termination or release herein or under the Security Agreement, execute and deliver, at the sole expense of the Grantors, to any Grantor as such Grantor may request, an instrument in writing releasing the security interest in the Patent Collateral acquired under this Agreement. Additionally, upon such satisfactory performance or payment, the Collateral Agent shall reasonably cooperate, at the sole expense of the Grantors, with any efforts made by a Grantor to make of record or otherwise confirm such satisfaction including, but not limited to, the release and/or termination of this Agreement and any security interest in, to or under the Patent Collateral.

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: No consent, approval, authorization or order of, or qualification with, any court or Governmental Authority is required in connection with the execution, delivery or performance by Borrower of this Agreement or the other Loan Documents, except for any of the foregoing that have already been obtained.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: last constitutional challenge alleges that the HCAA violates the right to due process of the laws. The argument appears to be that, because the HCAA imposes limits on potential damage awards, it inflicts a deprivation of property without a hearing. The constitutional guarantee of due process is applicable to rights, not remedies. Gibbes v. Zimmerman, 290 U.S. 326, 332, 54 S.Ct. 140, 142, 78 L.Ed. 342 (1933) (“[Although a vested cause of action is property and is protected from arbitrary interference, [appellants have] no property, in the constitutional sense, in any particular form of remedy; all that [they are] guaranteed by the Fourteenth Amendment is the preservation of [their] substantial rights to redress by some effective procedure.”) (citations omitted); DeFoor, 824 P.2d at 792 (<HOLDING>). Thus, the limitations on damage awards Options: A. recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct B. holding there is no right to a specific dollar remedy C. holding that there is no due process right to appellate review D. holding that 1983 does not provide a remedy if there is no violation of federal law E. holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right

assistant: The best answer is B. holding there is no right to a specific dollar remedy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The List will not be reproduced, transferred, or conveyed to any 3rd party without prior written authorization by Raphael. Additionally, ListFusion. agrees not to copy, reprint or disseminate the publications, or any information concerning the publication including the articles, graphics or contents without express written authorization from Raphael.

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: communicated effectively, and walked unassisted. In addition, Meier told Flewell-ing that he was not under the care of a doctor. Moreover, Flewelling’s decision to defer to the judgment of the booking clerk, who regularly confronts inebriated detainees, as to whether Meier needed medical attention was not unreasonable. The Plaintiff points out that Fle-welling did not comply with the departmental policy requiring that a subject with a BAC of .30 or above be transported to a medical facility. As an initial matter, it is not clear that Flewelling was aware of this policy. (See R. 47, Ex. E, C. Flewelling Dep. at 35.) But even if he was aware of the policy and failed to comply, his failure is not a per se constitutional violation. Cf. Pyles v. Raisor, 60 F.3d 1211, 1215 (6th Cir.1995) (<HOLDING>). Instead, the focus remains on whether Options: A. holding that violation of state law was not a per se constitutional violation B. holding negligence per se not applicable to violation of railroad commission regulation C. holding hearing in chambers was not per se a violation of due process D. holding that violation of city ordinance does not constitute negligence per se E. holding that citys policy need not be unconstitutional per se but need only cause a constitutional violation

assistant: The best answer is A. holding that violation of state law was not a per se constitutional violation