flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of third persons that, under the facts of a particular ease, is reasonably foreseeable to the proprietor. Muex, 596 N.E.2d at 267. In three cases handed down together four years ago, this' Court held that the determination of whether a landowner owed an invitee a. duty to take reasonable care to protect the invitee against a third party criminal attack requires consideration of the totality of the circumstances to determine whether the criminal act was reasonably foreseeable, [Western Golf, 712 N.E.2d at 984-985]; Vernon, 712 N.E.2d at 979; Delta Tau Delta, 712 N.E.2d at 973. This-analysis includes looking to “all of the circumstances surrounding an event, including the nature, condition, and location of the land, as well as prior similar incidents.” Western Golf, 712 N.E.2d at 985 (<HOLDING>); Vernon, 712 N.E.2d at 980 (holding frequent Options: A. holding that prior instance and information regarding sexual assaults at fraternity house demonstrated reasonable foreseeability of a sexual assault B. holding incidents of isolated childish pranks and actions in college coed living facility absent evidence of prior violent acts or sexual assaults do not make rape foreseeable C. holding that cumulative evidence of prior sexual assaults allegedly committed by defendant were prejudicial entitling defendant to new trial D. holding where court could not see how defendants prior assaults established motive to commit charged murder admission of prior assaults was abuse of discretion E. holding that the striking similarity between the acts alleged in the indictment and the prior incidents rendered incidents that occurred fifteen years prior to the acts alleged in the indictment relevant and admissible under rule 404b

assistant: The best answer is B. holding incidents of isolated childish pranks and actions in college coed living facility absent evidence of prior violent acts or sexual assaults do not make rape foreseeable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that such a threat exists if he can show he suffered past persecution on account of his membership in a protected social group. See 8 C.F.R. § 208.16(b)(l)(I); Baballah v. Ashcroft, 367 F.3d 1067, 1079 (9th Cir.2004). “Persecution may be inflicted either by the government or by persons or organizations which the government is unable or unwilling to control.” Sangha v. INS, 103 F.3d 1482, 1487 (9th Cir.1997) (quotation marks omitted). Ornelas-Chavez can meet his burden either by offering credible and persuasive testimony, 8 C.F.R. § 208.16(b) (“The testimony of the applicant, if credible, may be sufficient to sustain the burden of proof without corroboration.”), or by producing specific documentary evidence to support his claim, see Al-Harbi v. INS, 242 F.3d 882, 891 (9th Cir.2001) (<HOLDING>). In concluding that Ornelas-Chavez did not Options: A. holding that an asylum applicant must establish a fear of reprisal on account of having demonstrated opposition to the government policy B. holding that because the ij denied an asylum application as untimely we lacked subjectmatter jurisdiction to review the final order of removal as it pertained to the asylum claim C. holding that an asylum applicant must make a showing of a particularized threat of persecution D. holding that asylum seeker failed to establish well founded fear of persecution based on oppression of asylum seekers family unrelated to asylum seekers actions E. holding that documentary evidence pertaining to the asylum applicant himself and to the events in which he was involved can independently establish facts essential to an asylum claim

assistant: The best answer is E. holding that documentary evidence pertaining to the asylum applicant himself and to the events in which he was involved can independently establish facts essential to an asylum claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By signing this Agreement, Executive promises and agrees, at all times after the Retirement Date, to cooperate fully with the Company and its officers, directors, employees, agents and legal counsel in connection with any claim, complaint, charge, suit or action previously or hereafter asserted or filed by or against the Company or any of the Company Parties which relates to, arises out of or is connected directly or indirectly with (i) Executive’s employment with the Company, (ii) any other relationship or dealings between Executive and the Company or any of the Company Parties, or (iii) any other matter relating to the Company or any of the Company Parties. Executive’s cooperation with the Company shall continue throughout the pendency of any such claim, complaint, charge, suit or action. Further, Executive promises and agrees that, in the event he is subject to a valid and enforceable subpoena or court order which compels his testimony at a trial, hearing or deposition concerning his relationship with the Company or any other matter relating to the Company or any of the Company Parties, he will provide reasonable and prompt notice to the Company of this fact and cooperate fully with the Company prior to and during his testimony, to the maximum extent possible, consistent with his obligation to provide truthful testimony. Executive further agrees that, in the event he is named as a defendant in a legal proceeding resulting from, arising out of, or connected directly or indirectly with Executive’s employment with the Company, or any act, omission or conduct occurring during Executive’s employment with the Company, he will provide reasonable and prompt notice of this fact to the Company. The Company agrees to reimburse Executive for reasonable out-of-pocket expenses as reasonably required for such cooperation and consultation. The Company agrees that it will take no adverse action against Executive for truthful statements and testimony and that it will not seek to obtain any testimony or evidence that is not truthful and that it will not improperly seek to influence or modify any testimony of Executive.

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 legal provision and list the applicable contract clause categories. Provision: The laws of the State of New Jersey will govern the interpretation, validity and effect of this Agreement without regard to principles of conflicts of law, the place of execution or the place for performance thereof. The Parties hereto hereby irrevocably and unconditionally each submits for itself and its property in any legal action or proceeding relating to this Agreement, or for recognition and enforcement of any judgment in respect thereof, to the exclusive general jurisdiction of the state and/or federal courts located in New Jersey; consents that any such action or proceeding shall be brought in such courts, and waives any objection that it may now or hereafter have to the venue of any such action or proceeding in any such court or that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same; and agrees that nothing herein shall affect the right to effect service of process in any other manner permitted by law.

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: stay of court proceedings in which the issues involved are referable to arbitration under an agreement, we lack jurisdiction to hear the appeal, absent certification under 28 U.S.C. § 1292(b). See Jeske v. Brooks, 875 F.2d 71, 73 (4th Cir.1989). Here, the district court did not certify that the “order[s] involve[ ] ... controlling question^] of law as to which there is substantial ground for difference of opinion and that an immediate appeal may materially advance the ultimate termination of the litigation.” 28 U.S.C. § 1292(b). Section 16 of the FAA does not, however, apply to this case, because the issues involved in the court action are not referable to arbitration under any agreement. See Nederlandse Erts-Tankersmaatschappij, N.V. v. Isbrandtsen Co., 339 F.2d 440, 441 (2d Cir.1964) (<HOLDING>). The parties to Action III, Sierra and the Options: A. holding that arbitration award is binding on the parties B. holding that the faa requires arbitration of age discrimination claims when a valid arbitration agreement exists C. holding that the faa mandates courts to direct parties to arbitration on issues to which a valid arbitration agreement has been signed D. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added E. holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration

assistant: The best answer is E. holding that faa was inapplicable where parties involved in action are not parties to an arbitration agreement under which issues are referable to arbitration
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the discretion of the Committee to accelerate the exercisability of the Option, the Option shall become vested and exercisable over four years, with 25% of the Shares vesting on the first anniversary of the Grant Date and 6.25% of the Shares vesting quarterly thereafter, provided that the Participant is employed by the Company or an Affiliate (or is providing services to the Company as a Director or Consultant) on the applicable date.

assistant: Vesting
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: & N. Dec. 912, 917-18 & n. 4 (BIA 2006); see also Savchuck v. Mukasey, 518 F.3d 119, 123-24 (2d Cir.2008). Joseph claims that the BIA failed to consider unrebutted evidence of past torture and existing country conditions that are “relevant to the possibility of future torture,” under 8 C.F.R. § 1208.16(c)(3). He notes, in particular, that there is no indication in the BIA’s opinion that the Board considered Concannon’s expert testimony, as well as evidence from various sources (including the State Department Country Report for Haiti, issued in March 2008) that chronicled human rights abuses in Haiti from 2004 through 2008, perpetrated in part by the Haitian National Police and armed anti-Lavalas groups. Joseph relies primarily on Zubeda v. Ashcroft, 333 F.3d 463, 477, 479 (3d Cir.2003) (<HOLDING>). (Pet. Br. at 22 (Awolesi v. Ashcroft, 341 Options: A. holding that the bia erred under 8 cfr 20816c3 when it provided only a minimal analysis of zubedas claim and cavalierly dismissed the substantial documentation of conditions in the drc democratic republic of congo B. holding that we will not review an issue or claim that was not presented to the bia in the petitioners notice of appeal or brief to the bia even if the bia considered the issue or claim sua sponte C. holding that the bia rule is reasonable D. holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte E. holding that we lack jurisdiction to consider a claim not raised before the bia even when the bia sua sponte considers the claim

assistant: The best answer is A. holding that the bia erred under 8 cfr 20816c3 when it provided only a minimal analysis of zubedas claim and cavalierly dismissed the substantial documentation of conditions in the drc democratic republic of congo
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 Co-Borrower and each Subsidiary is validly existing and in good standing under the laws of its jurisdiction of organization; and each Co-Borrower and each Subsidiary is duly qualified to do business in each jurisdiction where, because of the nature of its activities or properties, such qualification is required, except for such jurisdictions where the failure to so qualify would not have a Material Adverse Effect.

assistant: Organizations
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: however, the majority merely concludes that it is vague without actually explaining how. I do not see section 15 as vague. When its language is read in conjunction with the knowing or intentional requirement, the basis of liability is quite clear to a person of ordinary intelligence-a contract holder is liable for "knowingly inducing" or "knowingly causing," directly or indirectly, a contribution on behalf of himself or his immediate family members. There is nothing vague about "knowingly inducing" or "knowingly causing" a contribution. Although the intent of an actor is sometimes proven by circumstantial evidence, such is the case with all crimes that require a showing of intent and does not render section 15 vague. See, eg., People v. Czemerynski, 786 P.2d 1100, 1112 (Colo.1990) (<HOLDING>). 3 . The State notes that this very problem Options: A. recognizing that a scienter requirement may mitigate a laws vagueness B. holding statutes are not applied retroactively absent clear legislative intent C. holding such statutes are not analogous statutes of limitation for erisa purposes D. recognizing that a scienter requirement may mitigate a statutes vagueness E. recognizing that statutes requiring intent are not likely to be invalidated because of vagueness

assistant: The best answer is E. recognizing that statutes requiring intent are not likely to be invalidated because of vagueness
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: Executive, on behalf of Executive and Executive’s heirs, executors, administrators, successors and/or assigns, hereby voluntarily, unconditionally, irrevocably and absolutely releases and discharges the Company, its parent, and each of their subsidiaries, affiliates and partnerships, and all of their past and present employees, officers, directors, agents, owners, shareholders, representatives, members and attorneys, and all of their successors and assigns (collectively, the “Released Parties”), from all claims, charges, demands, causes of action, and liabilities, known or unknown, suspected or unsuspected of any nature whatsoever (hereinafter, “Claims”) that Executive has or may have against the Released Parties (i) from the beginning of time through the date upon which Executive signs this Release, including any Claims for an alleged violation of any or all federal, state and local laws or regulations and Claims for negligent or intentional infliction of emotional distress, breach of contract, fraud or any other unlawful behavior, and/or punitive damages, liquidated damages, penalties, attorneys’ fees, costs and/or expenses or (ii) arising under any agreement between Executive and any Released Party (the “Release” and together with the Retirement Release, the “Releases”); provided , however , that this Release does not bar and is not intended to release any Claims (A) that may not be waived by private agreement under applicable law, such as claims for workers’ compensation or unemployment insurance benefits, (B) with respect to indemnification or coverage, it being understood that Executive shall be indemnified by the Company as to any liability, cost or expense for which Executive would have been indemnified during employment, in accordance with the Company’s certificate of incorporation or insurance coverages in force for employees of the Company serving in executive capacities for actions taken on behalf of the Company within the scope of employment by the Company, (C) with respect to any and all rights under the Plans or any other Company pension or welfare benefit plan or program subject to the terms of such plans or programs (including any severance or change-in-control program or plan otherwise applicable to Executive). Nothing in this Agreement prohibits or restricts Executive’s right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission, or any other local, state, or federal administrative body or government agency that is authorized to enforce or administer laws related to employment; provided that Executive hereby waives the right to recover any monetary damages or other relief against any Released Parties in connection with such filed charge.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under the Hawai'i Constitution would mean little if parents were deprived of the custody of their children without a fair hearing ... Furthermore, the Supreme Court has said that parental rights cannot be denied without an opportunity for them to be heard at a meaningful time and in a meaningful manner. In re Doe, 99 Hawai'i 522, 533, 57 P.3d 447, 458 (2002) (footnote, citations, brackets, and internal quotation marks omitted); see also Doe v. Doe, 120 Hawai'i 149, 168, 202 P.3d 610, 629 (App.2009); Doe v. Doe, 116 Hawai'i 323, 334-35, 172 P.3d 1067, 1078-79 (2007) (citing several Hawai'i eases recognizing that parents have a fundamental liberty interest in the companionship, care, custody and management of their children); In re Doe, 77 Hawai'i 109, 114-15, 883 P.2d 30, 35-36 (1994) (<HOLDING>). In sum, parents in juvenile proceedings Options: A. holding care custody and control of children is a fundamental right B. recognizing in dictum parents right to care custody management and companionship of their children C. recognizing parents fundamental liberty interest in the care custody and management of their children D. recognizing fundamental right of parents to care for their children E. holding that although parents have a fundamental right to the care and custody of their children they have no fundamental right to allocate support to their children as they see fit

assistant: The best answer is C. recognizing parents fundamental liberty interest in the care custody and management of their children
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: Without prejudice to the survival of any other agreement of the Borrower hereunder, each party’s obligations under this Section 4.11 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Revolving Credit Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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: court costs shall not be assessed under certain circumstances in obtaining the return of certain seized or withheld property; and making certain technical correction to the language and style of expressions of certain provisions of the Annotated Code of Maryland.” House of Delegates Bill 902, 1976 regular session of the General Assembly, by the House of Delegates Judicial Proceedings Committee, at 1 (emphasis and alterations in original). This amendment declined to impose court costs on the petitioner if the court "restored” the property "from whom it was taken.” Again, there is no indication that the General Assembly intended to create a private right of action for damages to property resulting from a search and seizure. 5 . Section 306 provided: " 'If, at any time, on a 467 (1991) Options: A. holding complaint sufficiently pleaded malice where it contained allegations that a police officer unprovoked and without cause while in civilian clothes and without identifying himself threw a rock hitting the side of plaintiffs automobile and that the defendant grabbed mr sawyer and wrestled him to the ground grabbed him by the hair and began hitting him in the face and said that he was going to kill sawyer B. holding that suspect was not in custody when officer handcuffed him for officer safety while transporting him to police station C. holding that defendant had the right to refuse to answer questions put to him by police officer who had called him D. holding that an officer intentionally hitting the plaintiffs head into the top of the police car as the plaintiff was being placed in the police car could be excessive force E. holding that a police officers tackling of a handcuffed suspect hitting him in the face twice and banging his head on the floor three times was unconstitutional

assistant: The best answer is A. holding complaint sufficiently pleaded malice where it contained allegations that a police officer unprovoked and without cause while in civilian clothes and without identifying himself threw a rock hitting the side of plaintiffs automobile and that the defendant grabbed mr sawyer and wrestled him to the ground grabbed him by the hair and began hitting him in the face and said that he was going to kill sawyer
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: S.Ct. 998. The clear rationale behind the state-created danger theory is that “when the State by the affirmative exercise of its power so restrains an individual’s liberty that it renders him unable to care for himself, and at the same time fails to provide for his basic human needs — e.g., food, clothing, shelter, medical care, and reasonable safety — it transgresses the substantive limits on state action set by the Eighth Ame ed a triable issue of fact regarding whether a police officer’s act of stranding the female passenger of a drunk driver in a high crime area at 2:30 a.m., resulting in her being raped by a stranger, constituted affirmatively placing her in a position of danger); D.R. by L.R. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364 (3d Cir.1992) (en banc) (<HOLDING>); and Brown v. Grabowski 922 F.2d 1097 (3d Options: A. holding that schools have no duty under the due process clause to protect students from assaults by other students even where the school knew or should have known of the danger presented B. holding that school district policy requiring that students obtain the review and approval of school officials prior to distributing any written material violated free speech rights of students C. holding that a school districts policy requiring fulltime attendance by all students did not establish a system of individualized exceptions that give rise to the application of a subjective test when the exceptions to the policy were confined to strict categories of students such as fifthyear seniors and special education students D. recognizing the right of students to challenge on first amendment grounds actions of school officials which circumscribe the range of ideas to which students are exposed E. holding that the defendant school officials did not create the students danger or increase their risk of harm where female students were physically verbally and sexually molested by male students in a unisex bathroom and in a darkroom

assistant: The best answer is E. holding that the defendant school officials did not create the students danger or increase their risk of harm where female students were physically verbally and sexually molested by male students in a unisex bathroom and in a darkroom
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 later than [***] after the earliest achievement of each sales milestone event set forth below for a particular Collaboration Product, CStone will pay to Blueprint the corresponding sales milestone payment set forth below (the sales milestone events set forth in Table 10.2.2(a), Table 10.2.2(b), and Table 10.2.2(c) the “ Sales Milestone Events ” and the sales milestone payments set forth in Table 10.2.2(a), Table 10.2.2(b), and Table 10.2.2(c), the “ Sales Milestone Payments ”). If in a given Calendar Year during the Term more than one of the Sales Milestone Events set forth in Table 10.2.2(a), Table 10.2.2(b), and Table 10.2.2(c) (as applicable) below is achieved, then CStone will pay to Blueprint a separate Sales Milestone Payment with respect to each such Sales Milestone Payment that is achieved for the first time in such Calendar Year.

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 legal provision and list the applicable contract clause categories. Provision: There are no other agreements of any nature between the Employer and the Employee with respect to the matters discussed in this Release Agreement, except as expressly stated herein, and in signing this Release Agreement, the Employee is not relying on any agreements or representations, except those expressly contained in this Release 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 case excerpt and choose the best holding from the options. Case excerpt: that "[t]he prosecution did not present the one-in-1400 figure to prove the percentage of African Americans whose genetic compositions could be comparable with the PM/DQ Alpha profile of the box-spring sample.” Ante at 192, 699 A.2d at 632. Even if the majority were correct, which the above-quoted statement by the prosecutor flatly shows not to be the case, the one in 1,400 figure would be irrelevant. See infra at 285-286, 699 A.2d at 679. 28 At trial, Cellmark actually used the figure of 17%. That figure represents the presence of this genotype within the entire population. Remarkably, the State never mentioned the 11.9% figure at trial except during its calculation of the one-in-1,400 number. Arguably, using the lower percentage was incorrect. See Cooper DNA Opinion, supra, at 6-8 (<HOLDING>); see also NRC Report, supra, at 35-36 Options: A. recognizing danger of subgrouping and requiring use of ceiling principle under which frequency of alleles is capped at maximum rate of alleles presence in any single subgroup B. recognizing problems with unmodified product rule and finding productrule calculation modified by ceiling principle to be admissible C. recognizing principle D. holding that the applicable rate is that in existence at the time of judgment E. recognizing same principle

assistant: The best answer is A. recognizing danger of subgrouping and requiring use of ceiling principle under which frequency of alleles is capped at maximum rate of alleles presence in any single subgroup
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 execution, delivery and performance by each Loan Party of each Loan Document to which such Person is party, have been duly authorized by all necessary corporate or other organizational action, and do not and will not (a) contravene the terms of any of such Person’s Organization Documents; (b) result in the creation of any Lien under (i) any Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries or (ii) any order, injunction, writ or decree of any Governmental Authority or any arbitral award to which such Person or its property is subject; (c) conflict with or result in any breach or contravention of, or require any payment to be made under (i) any material Contractual Obligation to which such Person is a party or affecting such Person or the properties of such Person or any of its Subsidiaries or (ii) any material order, injunction, writ or decree of any Governmental Authority or any material arbitral award to which such Person or its property is subject; or (d) violate in any material respect any Law.

assistant: Authorizations
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: those persons related to and living with the negligent driver, from receiving financial protection under an insurance policy containing such a clause.... This exclusion becomes particularly disturbing when viewed in light of the fact that this class of victims is the one most frequently exposed to the potential negligence of the named insured. Typical family relations require family members to ride together on the way to work, church, school, social functions, or family outings. Consequently, there is no practical method by which the class of persons excluded from protection by this provision may conform their activities so as to avoid exposure to the risk of riding with someone who, as to them, is uninsured. Id,.; see also Lewis v. West Am. Ins. Co., 927 S.W.2d 829, 835 (Ky.1996), (<HOLDING>). Based upon this Court’s specific statements Options: A. holding automobile exclusion in general liability policy did not apply because plaintiffs claim of negligent supervision and training was a separate and distinct theory of recovery from the use of an automobile B. holding household or family exclusion clause in automobile insurance policy contravenes statutory requirements found in utahs nofault statute as to minimum benefits which must be provided to all persons sustaining personal injuries C. holding that household exclusion clauses in policies of automobile liability insurance are contrary to public policy D. recognizing stacking of separate household policies but declining to permit stacking where three household vehicles are insured under a single policy E. holding that thirdparty claimants are intended beneficiaries under optional automobile liability insurance policies

assistant: The best answer is C. holding that household exclusion clauses in policies of automobile liability insurance are contrary to 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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary in this Agreement, any right Lender has under this Agreement or the Related Documents to request, approve, accept, determine, decide, reserve rights, or make any judgment on any matter shall be in Lender's sole discretion. However, Lender shall exercise any such right and administer the Loan in good faith and in a commercially reasonable manner, using commercially reasonable judgment. Lender shall not unreasonably condition, delay, or withhold any required approval, consent, determination, decision, reservation, or judgment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a split sentence is entitled to receive credit for time served in prison before being placed on probation. See Hines v. State, 906 So.2d 1137 (Fla. 3d DCA 2005); Fulcher v. State, 875 So.2d 647, 648 (Fla. 3d DCA 2004); Ryan v. State, 837 So.2d 1075 (Fla. 3d DCA 2003); Cozza v. State, 756 So.2d 272 (Fla. 3d DCA 2000). Although a defendant can waive credit for time served in prison on the original sentence as part of a negotiated plea agreement, such waiver must be clearly shown on the record and cannot be presumed. See Agharaumunna v. State, — So.3d -, 2010 WL 3766776 (Fla. 3d DCA 2010) (reversing and remanding be cause the attached documents do not conclusively refute the defendant’s claim that he is owed credit for time served); Isaac v. State, 992 So.2d 304, 305 (Fla. 3d DCA 2008) (<HOLDING>). Although the transcript of defendant’s Options: A. holding that defendant can waive credit for time served as part of a plea agreement when the record clearly shows such waiver B. holding that a defendant as a part of a negotiated plea agreement may waive his right to credit for time spent incarcerated awaiting trial C. holding that credit cannot be awarded for time served on community control D. holding that although a defendant can waive credit for time served in prison on the original sentence as part of a negotiated plea agreement such waiver must be clearly shown on the record and cannot be presumed E. holding that a defendant is not entitled to credit for time served as a condition of probation

assistant: The best answer is D. holding that although a defendant can waive credit for time served in prison on the original sentence as part of a negotiated plea agreement such waiver must be clearly shown on the record and cannot be presumed
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: you may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above , nor can you have a `` first '' and `` last '' name that , when combined , violate the above name restrictions .

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: necessitating reference to and interpretation of the CBA, the claim at issue here is “minor” in nature. We disagree. There is no doubt that Title VII rights, which the CBA never expressly references, “exist independent of the collective bargaining agreement.” Hawaiian Airlines, — U.S. at-, 114 S.Ct. at 2239. Because Title VII and the RLA, as applied to this railway agreement, each provide a mechanism for resolving a claim of religious discrimination does not mean that the Title VII rights are “created or defined” by the CBA. Id. — U.S. at -, 114 S.Ct. at 2250. Thus, whether Felt has a meritorious Title VII claim cannot be “conclusively resolved” merely by consulting the CBA. The RLA does not preclude litigation of Title VII rights. Cf. Buell, 480 U.S. at 564-65, 107 S.Ct. at 1414-16 (<HOLDING>); Bates v. LIRR, 997 F.2d 1028, 1030 (2d Cir.), Options: A. holding in the only supreme court case to deal with rla preclusion that the rla did not preclude suit under fela for workplace injury even though injury was caused by conduct that may have been subject to arbitration under the rla B. holding variance between the specific injury alleged in the indictment and the evidence at trial was not fatal where it was only necessary to allege under nc gen stat 143184a that the defendant caused serious injury and the actual injury alleged was surplusage C. holding that because fact of injury was a distinct question from quantum of injury common proof could establish classwide injury even though amount of damage to each plaintiff was uncertain D. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence E. holding that to have standing a plaintiff must establish an injury in fact a casual connection between the injury and that the injury will be redressed by a favorable decision

assistant: The best answer is A. holding in the only supreme court case to deal with rla preclusion that the rla did not preclude suit under fela for workplace injury even though injury was caused by conduct that may have been subject to arbitration under the rla
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: Such Grantor will not create, incur, or suffer to exist any Lien on the Collateral except (i) the security interest created by this Security Agreement, and (ii) other Liens permitted under Section 6.02 of the Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower (i) is duly organized or formed, validly existing and in good standing under the laws of the jurisdiction of its organization or formation, (ii) has all requisite power and authority, and the legal right to own and operate its property, to lease the property it operates as lessee and to conduct the business in which it is currently engaged except to the extent that the failure to have such power and authority and the legal right could not, in the aggregate, reasonably be expected to have a Material Adverse Effect, and (iii) is duly qualified to conduct business, and is in good standing, under the laws of each jurisdiction where its ownership, lease or operation of property or the conduct of its business requires such qualification, except to the extent that the failure to comply therewith could not, in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Organizations
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: Executive acknowledges and agrees that the Company’s remedies at law for a breach or threatened breach of any of the provisions of Sections 6 or 7 would be inadequate and the Company would suffer irreparable damages as a result of such breach or threatened breach. In recognition of this fact, Executive agrees that, in the event of such a breach or threatened breach, in addition to any remedies at law. The Company shall be entitled to equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy that may then be available under the laws of the State of Texas.

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 legal provision and list the applicable contract clause categories. Provision: The Borrowers shall have paid all accrued fees and expenses of the Agents (including the accrued fees and expenses of counsel to the Agents) and the up-front fees then payable to the Lenders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not stated a claim for affirmative relief that precludes a nonsuit. See id. The Builders never asserted any counterclaims or affirmative defenses. The non-specific request in their answer and summary-judgment motion for attorneys’ fees is the only request that could potentially constitute a claim for affirmative relief. As discussed above, the Builders’ claim for attorneys’ fees was not a claim for affirmative relief independent of the Polanskys’ claim, and the Builders did not have a viable motion for attorneys’ fees or sanctions pending at the time of the non-suit. Thus, the Polanskys were entitled to a dismissal without prejudice of their breach-of-contract claim against the Builders immediately upon filing the nonsuit. See Fowler v. Epps, 352 S.W.3d 1, 3-4 (Tex.App.-Austin 2010) (<HOLDING>), rev’d on other grounds, 351 S.W.3d 862, 864 Options: A. holding that district court erred in dismissing the indictment based on sufficiency of evidence B. holding that the trial court erred by dismissing the plaintiffs defamation claim C. holding appeal from an order dismissing action without prejudice was properly before this court D. holding that court erred in dismissing minors claims with prejudice absent a hearing E. holding court erred by disposing of plaintiffs claims on merits after nonsuit filed instead of dismissing case without prejudice

assistant: The best answer is E. holding court erred by disposing of plaintiffs claims on merits after nonsuit filed instead of dismissing case without prejudice
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: price reduction of $500,000. Ultimately, the general partners agreed to a settlement whereby the price to be paid by Horsham was reduced by $200,000, of which $100,000 would be deducted from the sum to be received by the partnership and $100,000 deducted from the commission to be received by Padmar. Padmar also agreed to guarantee Horsham $500,000 of future lease payments as they became due under the Leases. The sale then closed, and the cash proceeds of sale were distributed to and accepted by all of the limited partners. II. STANDARD OF REVIEW The general partners contend this is a derivative action, cognizable in equity and thus this court may find facts in accordance with our view of the preponderance of the evidence. Pelfrey v. Bank of Greer, 270 S.C. 691, 244 S.E. (2d) 315 (1978) (<HOLDING>). Conversely, the limited partners argue Options: A. holding that derivative actions do not require the support of a majority of shareholders or even all of the minority shareholders B. holding that shareholders had standing to bring derivative suit against the government but not direct suit due to lack of privity C. recognizing that in a derivative action the corporation for whose benefit suit is brought is a necessary party to the action D. holding a shareholders derivative action even where the only relief allowed is a recovery of damages is nevertheless a suit in equity and not an action at law E. holding that in rendering judgment following the settlement of a derivative action that did not involve a class action trial court lacked jurisdiction to render judgment that would adjudicate rights and personal claims of individual shareholders who were not parties to derivative action that was being settled

assistant: The best answer is D. holding a shareholders derivative action even where the only relief allowed is a recovery of damages is nevertheless a suit in equity and not an action at 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: As of the Effective Date, Endocyte shall be solely responsible for the Commercialization of the Product in the Field in the Territory, including all Commercialization costs, and ABX shall have no obligations with respect thereto. For the avoidance of doubt, (i) Endocyte shall have final decision-making authority over any disputes arising out of the Commercialization of the Product, and (ii) Endocyte shall book all sales of Product throughout the Territory.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If a Change in Control of EIX occurs at any time during the Performance Period, the Performance Period for all outstanding Awards will be shortened so that the Performance Period will be deemed to have ended on the last day prior to such Change in Control of EIX. The Annual Incentive Pool and the Annual Incentives payable with respect to each Award will be determined in accordance with the foregoing provisions of this Section 3 based on such shortened Performance Period. Such Annual Incentives shall be paid (subject to tax withholding pursuant to Section 4.6) as soon as practicable following the date of the Change in Control of EIX. For purposes of this Section 3.7, “ Change in Control of EIX ” shall have the meaning ascribed to such term in the Corporation’s 2016 Long-Term Incentives Terms and Conditions.

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 legal provision and list the applicable contract clause categories. Provision: Subordinated Creditor hereby represents and warrants to Agent and Senior Lenders that as of the date hereof: (a) the Subordinated Creditor has the legal capacity and authority to enter into, execute, deliver and carry out the terms of this Agreement, all of which have been duly authorized by all proper and necessary action; (b) the execution of this Agreement by the Subordinated Creditor will not violate or conflict with any material agreement binding upon the Subordinated Creditor, or any law, regulation or order or require any consent or approval which has not been obtained; (c) the Subordinated Creditor has delivered Agent a true, correct and complete executed copy of each Subordinated Debt Document; (d) this Agreement is the legal, valid and binding obligation of the Subordinated Creditor, enforceable against the Subordinated Creditor in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by equitable principles; and (e) the Subordinated Creditor is the sole owner, beneficially and of record, of the rights and obligations under the Subordinated Debt Documents and of the Subordinated Debt.

assistant: Representations
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 Transaction Document to which the Transferor is a party constitutes the legal, valid and binding obligation of the Transferor, enforceable against it in accordance with its terms, subject to applicable bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally.

assistant: Binding Effects