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 legal provision and list the applicable contract clause categories. Provision: Seller is duly organized and in valid existence as a corporation under the laws of Delaware and has full corporate power and authority to carry on the Business as it is now being conducted and to own and operate the Acquired Assets. Schedule 4.1 sets forth each jurisdiction in which Seller is licensed or qualified to do business with respect to the Business, and Seller is duly licensed or qualified to do business and is in good standing in each jurisdiction in which the ownership of the Acquired Assets or the operation of the Business as currently conducted makes such licensing or qualification necessary, except where the failure to be so licensed, qualified or in good standing 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 legal provision and list the applicable contract clause categories. Provision: All payments hereunder shall be made free and clear, and without deduction or withholding, or on account of any present or future taxes, duties, levies, withholdings or other similar charges, including any interest, additions to tax and penalties (“ Taxes ”). Each party acknowledges that the purchase price for the goods and services provided hereunder does not include any value added Taxes, which may be charged in addition if legally owed by Celgene. Each party shall bear any taxes imposed on such party in connection with the performance of this Agreement. If any stamp duty is payable on this Agreement, it shall be borne by BeiGene. BeiGene shall bear all customs duties or other fees or charges in connection with the import of the Product. Celgene shall have the right to set-off any amounts due to Celgene under this Agreement from BeiGene for any purpose under this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: the level of persecution; 2) that the persecution was on account of one or more of the five protected grounds; and 3) that the persecution was committed either by the government or by forces that the government was unable or unwilling to control. Chand v. INS, 222 F.3d 1066, 1073 (9th Cir.2000). We have defined persecution as “the infliction of suffering or harm upon those who differ (in race, religion or political opinion) in a way regarded as offensive.” Fisher v. INS, 79 F.3d 955, 961 (9th Cir. 1996) (en banc) (internal quotation marks omitted); see also Kovac v. INS, 407 F.2d 102, 107 (9th Cir.1969). Threats and attacks can constitute persecution even where an applicant has not been beaten or physically harmed. See, e.g., Artiga Turcios v. INS, 829 F.2d 720, 723-24 (9th Cir. 1987) (<HOLDING>). Here, Ganut and his party were attacked by Options: A. holding that trial court abused its discretion in denying petitioners request for counsel in evidentiary hearing where petitioner had requested counsel and had indicated in his motion that all documents had been prepared by prison law clerk he had only ninthgrade education he had no training in the law and he lacked the skills necessary to participate in hearing B. holding that petitioner had established persecution even though he had not been physically harmed and received only an indirect threat relayed by a neighbor C. holding that a claim for surcharge had been plausibly stated even though the precise term had not been used D. holding that alien must show that he faces a particularized threat of persecution E. holding that where petitioner testified that some of her cousins had been killed because they served in the military and that she had received two threatening notes she had demonstrated past persecution

assistant: The best answer is B. holding that petitioner had established persecution even though he had not been physically harmed and received only an indirect threat relayed by a neighbor
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 PLEDGOR AND AGENT HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT. EACH PLEDGOR AND AGENT ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THAT EACH WILL CONTINUE TO RELY ON THE WAIVER IN THEIR RELATED FUTURE DEALINGS. EACH PLEDGOR AND AGENT WARRANTS AND REPRESENTS THAT EACH HAS HAD THE OPPORTUNITY OF REVIEWING THIS JURY WAIVER WITH LEGAL COUNSEL, AND THAT EACH KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: opportunity to submit its views on fuel switching to EPA during the rulemaking proceedings. And it did. See Julander Comments Aug. 4, 2011. It could also have sought permission to appear as amicus in this court, which it did not. Absent any reason to conclude that it is an “unusually suitable champion[]” of Congress’ goals in the CAA, we hold, consistent with this court’s precedent, that Julander’s interest in increasing the regulatory burden on others falls outside the zone of interests protected by the CAA and 98 S.Ct. 2279, 57 L.Ed.2d 117 (1978) (“The plain intent of Congress in enacting [the Endangered Species Act] was to halt and reverse the trend towards species extinction, whatever the cost.”); Union Elec. Co. v. EPA, 427 U.S. 246, 257-58, 96 S.Ct. 2518, 49 L.Ed.2d 474 (1976) (<HOLDING>); Lead Indus. Ass’n v. EPA, 647 F.2d 1130, 1150 Options: A. holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property damage claims B. holding that epa may not consider claims of economic infeasibility in evaluating a state requirement that primary ambient air quality standards be met by a certain deadline C. holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract D. holding that certain claims could not be a class issue in part because the complaint did not mention the claims E. holding that the trial court did not err by failing to instruct the jury to consider certain additional factors in evaluating the validity of eyewitness identification testimony

assistant: The best answer is B. holding that epa may not consider claims of economic infeasibility in evaluating a state requirement that primary ambient air quality standards be met by a certain deadline
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of the breach or a threatened breach by Executive of any of the provisions of Sections 6, 7 or 8, the Company and its affiliates and subsidiaries would suffer irreparable harm and Executive acknowledges that money damages would not be a sufficient remedy and, in addition and supplementary to other rights and remedies existing in its favor whether under this Agreement or under any other agreement, the Company shall be entitled to specific performance and/or injunctive or other equitable relief from a court of competent jurisdiction in order to enforce or prevent any violations of the provisions hereof (without posting a bond or other security). In addition, in the event of an alleged breach or violation by Executive of Section 6, the nonsolicit period, shall be tolled until such breach or violation has been duly cured.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: drug sales relevant to show defendant’s motive in felon in possession charge), the extrinsic evidence must have at least some plausible non-character relevance to the charged conduct to be admissible under 404(b). The evidence never specified what Williams’ intent, motive, or modus operandi was in carrying out the Coley shootings, and thus this incident is only relevant to show that Williams is more likely to commit crimes because he has done so in the past, which is exactly the inference that Rule 404(b) forbids. Moreover, even if this evidence were relevant to show something other than action in conformity with past crimes, any such relevance is substantially outweighed by the evidence’s dramatic prejudicial effect. See United States v. Sanchez, 722 F.2d 1501, 1507-08 (11th Cir.1984) (<HOLDING>); see also, Church, 955 F.2d at 702. The Options: A. holding that a reasonable jury could have concluded based on repeated references to the substance as cocaine and testimony from witnesses who had used the substances which they believed to be cocaine that substance was cocaine B. holding testimony that the defendant who was charged with conspiracy to import importation of and possession of cocaine killed two people in furtherance of the conspira cy after he received a bad cocaine shipment was inadmissible under rule 403 C. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell D. holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute E. holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack

assistant: The best answer is B. holding testimony that the defendant who was charged with conspiracy to import importation of and possession of cocaine killed two people in furtherance of the conspira cy after he received a bad cocaine shipment was inadmissible under rule 403
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event a claim for indemnification under this Article 7 shall have been finally determined, the amount of the related Loss shall be paid by the Indemnifying Party to the Indemnified Party, in immediately available funds in the currency in which such Losses were denominated, within three business days after such final determination to a bank account specified in writing by the Indemnified Party to the Indemnifying Party no later than five business days prior to the date such payment is due. Any claim, and the liability for and amount of Loss therefor, shall be deemed to be “finally determined” for purposes of this Section 7.4(b) when the parties to such action have so determined by mutual agreement or, if disputed, when a final written determination concerning the amount of the related Losses and the Indemnifying Party’s liability therefore has been rendered.

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: ANY ACTION OR PROCEEDING AGAINST ANY OF THE PARTIES HERETO RELATING IN ANY WAY TO THIS GUARANTEE MAY ONLY BE BROUGHT AND ENFORCED IN THE COURTS OF THE STATE OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN OR OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND EACH OF THE GUARANTOR AND, BY ITS ACCEPTANCE OF THIS GUARANTEE, THE TRUSTEE IRREVOCABLY SUBMITS TO THE JURISDICTION OF EACH SUCH COURT IN RESPECT OF ANY SUCH ACTION OR PROCEEDING. EACH OF THE GUARANTOR AND, BY ITS ACCEPTANCE OF THIS GUARANTEE, THE TRUSTEE HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO REMOVE ANY SUCH ACTION OR PROCEEDING BY REASON OF IMPROPER VENUE OR INCONVENIENT FORUM. AS LONG AS ANY OBLIGATIONS REMAIN OUTSTANDING AND THE INDENTURE HAS NOT BEEN TERMINATED, SERVICE OF PROCESS UPON THE GUARANTOR AND, BY ITS ACCEPTANCE OF THIS GUARANTEE, THE TRUSTEE SHALL, TO THE FULLEST EXTENT PERMITTED BY LAW, BE DEEMED IN EVERY RESPECT EFFECTIVE SERVICE IN ANY SUCH LEGAL ACTION OR PROCEEDING. EACH OF THE GUARANTOR AND, BY ITS ACCEPTANCE OF THIS GUARANTEE, THE TRUSTEE HEREBY IRREVOCABLY WAIVES TRIAL BY JURY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will, and will cause its Subsidiaries, as appropriate, to, maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations; provided, that the Company and its Subsidiaries may self-insure up to the same extent as other companies of similar size engaged in comparable businesses.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure by any Working Capital Secured Party to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder or under any other Finance Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided, and provided under each other Finance Document, are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The initial term of this Agreement will commence on the Effective Date and expire on March 11, 2018. Commencing on March 12, 2018 and continuing on each March 12th thereafter (in each case an “Anniversary Date”), this Agreement shall be extended for one additional year unless written notice that the Agreement will not be extended is provided to the Executive at least 60 days prior to such Anniversary Date. The initial term and any extensions thereof made pursuant to this Section 3.1 are referred to as the “Term.” The Employer’s election not to extend this Agreement shall not constitute termination of the Executive’s employment for purposes of this Agreement, including termination for Cause, and shall not constitute “Good Reason” in connection with any termination of the Executive’s employment by the Executive.

assistant: Terms
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: asserted to be owed or due to another ... which was not in default at the time it was obtained by such person. 15 U.S.C. § 1692a(6). Thus, “a creditor is not a debt collector under the FDCPA ... [n]or is the assignee of a debt that was not in default at the time it was assigned.” Joyner v. MERS, 451 Fed.Appx. 505, 507 (6th Cir.2011) (citations omitted). This provision is based on the premise that “[a]n entity that acquires a current, non-defaulted debt in order simply to continue servicing it ‘is acting much like the original creditor that created the debt. On the other hand, if it simply acquires the debt for collection, it is acting more like a debt collector.’ ” Sullivan v. OcWen Loan Servicing, LLC, No. 08-cv-02079, 2009 WL 103681, at *2 (D.Colo. Jan. 14, 2009) (citations omitted) (<HOLDING>). Plaintiffs bear the burden of establishing Options: A. holding that back rent is debt under the fdcpa B. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or C. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt D. holding that where the defendant obtained a nondefaulted debt under the mistaken belief that the debt was in default and where the defendants subsequent collection activities were based on that mistaken belief the defendant was a debt collector for purposes of the fdcpa E. holding that the name under which a debt collector is licensed to do business is the debt collectors true name for purposes of the fdcpa

assistant: The best answer is D. holding that where the defendant obtained a nondefaulted debt under the mistaken belief that the debt was in default and where the defendants subsequent collection activities were based on that mistaken belief the defendant was a debt collector for purposes of the fdcpa
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: employer’s passive acquiescence in her leaving the premises and driving away in her own vehicle, acts they had no legal right to prevent, is simply not enough to impose a duty on this employer who was totally blameless in the condition — [the employee’s] intoxicated state — that led. to the accident and the plaintiffs injuries. Id. at 105. See also Riddle v. Arizona Oncology Servs. Inc., 186 Ariz. 464, 924 P.2d 468 (App.1996) (finding no duty where supervisor ordered the employee to leave the defendant’s premises prior to the end of her shift; employer did not order or require the employee to drive; and the employee’s intoxication was not caused, contributed to, or condoned by the employer); Howard v. Delco Div. of General Motors Corp. Inc., 41 Ohio App.3d 145, 534 N.E.2d 936 (1987) (<HOLDING>). As the Tennessee Court of Appeals found in Options: A. holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made B. holding that employee who resigned left voluntarily where employer accepted resignation told employee not to come to work anymore and paid employee through end of notice period C. holding that employer did not have duty to protect allegedly intoxicated employee from risk that employee would have automobile accident after leaving work D. holding that employee may claim contract created based on employer promise of severance pay to employee E. holding that an employer did not regard the employee as disabled because it called the employee back from disability leave to work on a special project

assistant: The best answer is C. holding that employer did not have duty to protect allegedly intoxicated employee from risk that employee would have automobile accident after leaving work
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and seeking confirmation of an alleged arbitration award against WFF Alaska. In No. 05-35723, the Martins appeal pro se from the district court’s order denying their application to confirm two similar arbitration awards against WFF Alaska’s parent corporation. We have jurisdiction pursuant to 28 U.S.C. § 1291. “[E]ven when a petition is brought under the Federal Arbitration Act (FAA), a petitioner seeking to confirm or vacate an arbitration award in federal court must establish an independent basis for federal jurisdiction.” Carter v. Health Net of Cal., Inc., 374 F.3d 830, 833 (9th Cir. 2004). Although the Martins raised questions of federal law under the FDCPA, those claims are derivative of their petition for confirmation, which raises no question of federal law. See id. at 836 (<HOLDING>). Because we conclude there was no basis for Options: A. holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal law B. holding that the power of a federal court to hear and to determine statelaw claims in nondiversity cases depends upon the presence of at least one substantial federal claim in the lawsuit C. holding that just because a claim implicates a federal issue or involves construction of federal law does not necessarily give rise to a federal question and confer removal jurisdiction on a federal court D. holding that if the resolution of a statelaw claim depends upon the meaning of a collectivebargaining agreement the application of state law is preempted and federal laborlaw principles necessarily uniform throughout the nation must be employed to resolve the dispute E. holding that federal law governs res judicata effect of an earlier federal judgment based on federal law

assistant: The best answer is A. holding that petitions for confirmation or vacatur must show how the ultimate disposition of the matter by the federal court necessarily depends on resolution of a substantial question of federal 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: Notwithstanding anything to the contrary contained in this Agreement, the parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches or threatened breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at Law or in equity.

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: In performing its billing and collection duties hereunder, Manager shall act as Group’s agent and shall indicate it is billing in the name of Group. Group hereby appoints Manager, for the Term hereof, as its true and lawful attorney-in-fact, with full power of assignment and substitution, to bill patients or third party payors on Group’s behalf; collect accounts receivable arising out of billings, and receive payments on behalf of Group. Notwithstanding the foregoing, no assignment shall be made to Manager of any sums or rights to payment, the assignment of which is prohibited by law (e.g., revenues from patients covered by the Medicare program). In lieu of assignment of such payments, unless otherwise prohibited by law, Group shall remit to Manager the amount of any such sums within five (5) business days of Group’s receipt thereof. Group and Manager shall cooperate in the establishment of a separate account or accounts to track all such amounts. In connection with its billing activities. Manager may take possession of, and endorse in the name of Group, any and all notes, drafts and other instruments received by way of payment. Manager shall assist Group in negotiating or otherwise communicating with any patient or third party payor regarding claims processing and any disputes arising therefrom.

assistant: Assignments
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 need to decide whether a conviction could be supported only by evidence that a rational person in Jodrey’s position would have felt fear. Stinson’s analysis of the evidence rests upon the flawed argument that direct evidence of Jodrey’s fear was required for a rational factfinder to conclude that Jodrey was put in fear because of Stinson’s actions. A factfinder, however, is entitled to “draw all reasonable inferences from the evidence.” State v. Child, 1999 ME 198, ¶ 5, 743 A.2d 230, 232. Circumstantial evidence is not, as a matter of law, inherently inferior evidence; factual findings may be supported by reasonable inferences drawn from all the circumstances even if those inferences are contradicted by parts of the direct evidence. See State v. Hagan, 527 A.2d 1308, 1309 (Me.1987) (<HOLDING>). The jury was instructed that they could Options: A. holding that refusal to consent to search cannot support a finding of reasonable suspicion B. holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 C. holding that the defendants due process rights were violated by refusal to allow him to contact counsel after he was given misleading information on consequences of refusal to take bloodalcohol test D. holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 E. holding that victims can be in fear despite their refusal to admit to anything smacking of cowardice

assistant: The best answer is E. holding that victims can be in fear despite their refusal to admit to anything smacking of cowardice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the protective sweep, and the exclusion of Defendant’s family from the home. {19} Functionally, the service of the warrant in this case was simply a continuation of a process that had begun earlier that day. If, for example, APD had obtained its warrant and begun the process of clearing and securing the home at 8:00 p.m., but search personnel did not actually arrive and begin to examine and inventory the contents of the house until after 10:00 p.m., we would be hard-pressed to say that Rule 5-211(B) had been violated. In applying our rule, we would focus on the substance of when the police first breached the privacy of the household, not on the formality of the officers’ titles or their specific activities once inside the home. Cf. Jones v. State, 128 P.3d 521, 537 (Okla.Crim.App.2006) (<HOLDING>). {20} Of course, in our ease the initial sweep Options: A. holding that the judge issuing the search warrant plainly had a substantial basis for determining that there was probable cause to issue the warrant for the search of a residence when inter alia a reliable cl went to the residence knocked on the door entered and then made a controlled purchase of what appeared to be heroin B. holding that a warrant authorizing the search of a residence vehicles at the residence and all persons found in the residence was not overly broad given that search was limited to places were drugs or weapons might be found C. holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises D. holding that search of shoulder bag was not authorized by search warrant for apartment E. holding that service of a warrant occurs once an officer crosses the threshold for the purpose of beginning the search or for securing the residence for a later search

assistant: The best answer is E. holding that service of a warrant occurs once an officer crosses the threshold for the purpose of beginning the search or for securing the residence for a later search
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 proceeds of the Loans will be used only for, and Letters of Credit will be issued only to support, (i) the repayment of existing Indebtedness of the Company and its Subsidiaries and (ii) general corporate purposes of the Borrowers, including, but not limited to, the funding of acquisitions, investments, redevelopments, expansions, renovations, construction, capital expenditures and working capital needs. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X.

assistant: Use Of Proceeds
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 habeas corpus is denied. III. Analysis of the Petition A. Inadequacy of court-appointed interpreter The Supreme Court has never decided what degree of interpretive assistance is constitutionally required for non-English speaking defendants. See United States v. Desist, 384 F.2d 889, 901 (2d Cir.1967) (noting lack of Supreme Court precedent); see also United States v. Johnson, 248 F.3d 655, 663 (7th Cir.2001) (noting that the Supreme Court has not even specifically found a constitutional right to any interpreter at all). The Second Circuit, however, has held that a non-English speaking defendant has a constitutional right to an interpreter. See United States ex rel. Negron v. New York, 434 F.2d 386, 387 (2d Cir.1970); see also United States v. Lim, 794 F.2d 469, 470 (9th Cir.1986) (<HOLDING>) (citations omitted); accord, e.g., Sin v. Options: A. holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal B. holding that a defendant whose fluency in english is so impaired that it interferes with his right to confrontation or his capacity as a witness to understand or respond to questions has a constitutional right to an interpreter C. holding right to testify was federal constitutional right D. holding that witness grand jury testimony was admissible when defendant waived his constitutional right of confrontation by making witness unavailable by threats to his life E. holding defendant had no constitutional right to a mitigation specialist or a right to an effective one

assistant: The best answer is B. holding that a defendant whose fluency in english is so impaired that it interferes with his right to confrontation or his capacity as a witness to understand or respond to questions has a constitutional right to an interpreter
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 shall be indemnified by such Participant’s Participating Employer against claims arising in connection with such Participant’s status as an employee, officer, director or agent of the Company or any Affiliate in accordance with the Company’s and the Participating Employer’s indemnity policies, subject to applicable law.

assistant: Indemnity
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 you receive current benefits under a long-term disability plan maintained by the Corporation or your Employer while any portion of your RSUs remains unvested, you will continue to vest in your RSUs in accordance with the Vesting Schedule set forth in the Award Notice so long as you fully comply with the applicable covenants provided in Section 3 hereof.

assistant: Disability
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 compensation for his services hereunder, during the Term, the Company shall pay the Executive in accordance with its normal payroll practices, an annualized base salary of $475,000 (“ Base Salary ”). During the Term, the Company will also provide the Executive with an annual perquisite allowance equal to $50,000 per year (the “ Perquisite Allowance ”), to cover the costs of leasing, insuring and maintaining an automobile, professional dues, as well as other perquisites (including club dues), to be paid in accordance with the Company’s normal payroll practices. The Base Salary will subject to periodic review by the Human Resources & Compensation Committee of the Board of Directors of the Company to determine appropriate increases, if any, in accordance with the Company’s practices and policies for other senior executives. The Base Salary will not be reduced as a result of any such review.

assistant: Base Salary
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: have never been governed by the three-part extent-of-conflict analysis applicable to defendants seeking new court-appointed counsel. Unless the substitution would cause significant delay or inefficiency or run afoul of the other considerations we have men tioned, a defendant can fire his retained or appointed lawyer and retain a new attorney for any reason or no reason. See Miller v. Blacketter, 525 F.3d 890, 896 (9th Cir.2008) (in a case in which the defendant sought to replace his court-appointed attorney with retained counsel, evaluating “whether the trial judge’s decision was an unreasonable exercise of its discretion to balance Miller’s right to his chosen counsel against concerns of fairness and scheduling”); Bradley v. Henry, 510 F.3d 1093, 1096-98 (9th Cir.2007) (en banc) (<HOLDING>). Conflict between the defendant and his Options: A. holding that denial of request for continuance to allow retained counsel to prepare for trial did not deny defendant effective assistance of counsel when defendant had waited more than two months to retain an attorney courtappointed counsel appeared competent and defendants motion failed to state when retained counsel would be ready B. recognizing right to privately retained counsel C. holding the state courts denial of a motion to substitute retained counsel for appointed counsel to be an unreasonable application of gonzalezlopez because it was not justified by undue delay and the trial court wrongly assumed without questioning the defendant that she could not afford to pay retained counsel D. holding that in determining whether there exists a valid waiver of the right to counsel in the criminal setting the court may consider a defendants lack of good faith in working with appointed counsel including an unreasonable refusal to cooperate with counsel or an unreasonable request for substitution of appointed counsel and the timeliness of defendants request for new counsel particularly when a defendant makes an untimely request for new counsel under circumstances which are likely to result in a continuance E. recognizing a defendants right to dismiss retained counsel in favor of appointed counsel

assistant: The best answer is C. holding the state courts denial of a motion to substitute retained counsel for appointed counsel to be an unreasonable application of gonzalezlopez because it was not justified by undue delay and the trial court wrongly assumed without questioning the defendant that she could not afford to pay retained counsel
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a breach or threatened breach by the Employee of any of the provisions of this Agreement, the Employee hereby consents and agrees that the Employer shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that money damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

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: Whenever the context hereof so requires, reference to the singular shall include the plural and likewise, the plural shall include the singular; words denoting gender shall be construed to mean the masculine, feminine or neuter, as appropriate; and specific enumeration shall not exclude the general, but shall be construed as cumulative of the general recitation.

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: personal account statements, Ms. Jarvis contends that Lumenite failed to provide a summary plan description and summary annual reports as required by § 1024(b). Section 1132(c), on which count II of Ms. Jarvis’ counterclaim is premised, provides statutory penalties for failure or refusal “to comply with a request” for information required under ERISA. Here, while Ms. Jarvis’ letters may have been requests for information regarding her personal account statements, they cannot be read as requests for summary plan descriptions or summary annual reports. Thus, Lumenite is not hable for statutory penalties under § 1132(c) for failing to provide that information. Cf. Balzanto v. Nicholas Cuda, Ltd. Profit Sharing Plan, No. 01 C 294, 2002 WL 63519, at *3 (N.D.Ill. Jan. 17, 2002) (Kocoras, J.) (<HOLDING>). Ms. Jarvis also references two additional Options: A. holding that a plan administrator was arbitrary and capricious in denying a plan participants claim that use of prescription narcotics rendered the participant disabled from the performance of his occupation and thus eligible for benefits under the plan without investigating the claim B. holding that retirement benefits are accrued benefits under erisa C. holding that plan administrator of an erisa health plan did not have to anticipate the confusion of a plan participant D. recognizing that the plan may deduct amounts owed by a participant from future benefits to which the covered person or an immediate covered family member may otherwise be entitled until the amount due the plan has been satisfied emphasis added E. holding that requests for statement of accrued benefits fell under 1025a and did not put plan on clear notice that participant was requesting documents of the type covered by 1024b

assistant: The best answer is E. holding that requests for statement of accrued benefits fell under 1025a and did not put plan on clear notice that participant was requesting documents of the type covered by 1024b
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 Award evidenced hereby are granted by the Company pursuant to the Plan and are in all respects subject to the terms and conditions of the Plan. The Participant hereby acknowledges that a copy of the Plan has been delivered to the Participant and accepts the PSUs hereunder subject to all terms and provisions of the Plan, which is incorporated herein by reference. In the event of a conflict or ambiguity between any term or provision contained herein and a term or provision of the Plan, then the Plan shall govern and prevail.

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: sanction violated the Due Process Clause; and (2) trial ssion of his work boots would have cast doubt on the prosecution’s contention one person committed the crime and would have lent credence to his assertion he arrived at the scene after the murders had already taken place. He further asserts the decision of the OCCA is unreasonable because it fails to adequately recognize the power of this rebuttal evidence. In response, Oklahoma merely quotes the opinion of the OCCA on direct appeal and asserts that decision is not an unreasonable application of Strickland. The decision of the OCCA — that there is no reasonable probability the outcome of the guilt phase of Hooks’s trial would have been different if the boots had been admitted — is not unreasonable. See McLuckie, 337 F.3d at 1197 (<HOLDING>). As recognized by the OCCA, the boot print was Options: A. holding that state court could not have unreasonably applied federal law if no clear supreme court precedent existed B. holding this court can issue habeas writ only if state courts application of supreme court precedent is objectively unreasonable C. holding that when a state court adjudication is contrary to clearly established supreme court precedent this court must review de novo whether petitioner is entitled to habeas relief D. holding that the federal habeas courts task is to determine if the state courts decision was contrary to or involved an unreasonable application of clearly established federal law as determined by the supreme court of the united states E. holding a court cannot issue and make returnable to it a writ of habeas corpus if the petitioner is outside the courts authority

assistant: The best answer is B. holding this court can issue habeas writ only if state courts application of supreme court precedent is objectively unreasonable
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 reverse-and-remand judgment we issued after the first appeal in this case. But Wise Electric petitioned the Texas Supreme Court to review that judgment, the Texas Supreme Court denied Wise Electric’s petition, our mandate issued, and the case was remanded to the trial court and retried. Thus, our plenary jurisdiction over our judgment in the first appeal has 'expired. See Tex. R. App. 18.1,19.1; Tex. Gov’t Code Ann. § 22.225 (West' Supp. 2014).- We lack jurisdiction to reinstate the jury’s damage findings from thé first trial. See Tex. R. App. P. 19.3 (listing limited actions appellate court may take after expiration of plenary power over judgment), 43.2 (listing types of judgment an appellate court can render); see also Browning v. Prostok, 165 S.W.3d 336, 345-47 (Tex.2005) (<HOLDING>). We overrule Wise Electric’s seventh issue. Options: A. recognizing collateral attack on void order B. holding that district court had subjectmatter jurisdiction and yet that judgment void for lack of jurisdiction to render the particular judgment C. holding that judgments entered by a court having subject matter and personal jurisdiction are not void D. holding that a judgment is subject to collateral attack where the judgment is void for want of jurisdiction with respect to the power of the court to render the particular judgment or decree as where the court exceeds the powers conferred on it by constitutional or statutory provisions E. recognizing that only void judgments are subject to collateral attack and that a judgment is void only when court had no jurisdiction of the parties or property no jurisdiction of the subject matter no jurisdiction to enter the particular judgment or no capacity to act

assistant: The best answer is E. recognizing that only void judgments are subject to collateral attack and that a judgment is void only when court had no jurisdiction of the parties or property no jurisdiction of the subject matter no jurisdiction to enter the particular judgment or no capacity to act
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: ( 3 ) disrupt the normal flow of dialogue in chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and service available outside of the world of warcraft universe ;

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: charges for work related to preparation of the discovery requests that were served on Awoniyi on September 11, 2006. Nor, however, does she state that the requested fee does not include such charges. Work related to the discovery requests could constitute “defense of th[e] case,” which the hospital’s attorney testified constitutes a basis for the incurred fee. Further, the affidavit testimony is dated October 17, 2006, more than a month after service of the discovery requests on Awoniyi. Under these circumstances, we cannot exclude the possibility that preparation of the discovery requests forms the basis for some portion of the awarded fee. Evidence of unsegregated fees constitutes more than a scintilla of evidence of segregated attorney’s fees. Stewart Title, 822 S.W.2d at 12 (<HOLDING>). Where a fee award is erroneously based on Options: A. holding that court of appeals erred by rendering judgment for full amount of attorneys fees sought after reversing 0 fee award because jury awarded less in damages than amount sought and therefore uncontroverted attorney testimony on amount of attorneys fees did not establish amount of reasonable and necessary fees as a matter of law B. holding that a public administrator was not entitled to attorneys fees in a claim against the estate of a former guardian where the case was not one where attorneys fees were authorized and there was no evidence to support the award C. holding that unsegregated attorneys fees must be remanded D. holding that where plaintiff sought recovery of fees against multiple defendants evidence of unsegregated fees was more than a scintilla of evidence to support fee award what a reasonable attorneys fee would be for the entire case indicates what the segregated amount should be E. holding merely that the evidence was sufficient to support the award of attorneys fees

assistant: The best answer is D. holding that where plaintiff sought recovery of fees against multiple defendants evidence of unsegregated fees was more than a scintilla of evidence to support fee award what a reasonable attorneys fee would be for the entire case indicates what the segregated amount should be