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: Each Part y agrees t h at the unauthorized u se or di sc l osure of any Co n fident i al I nformation by the R ece i ving P arty in violation o f this Agreement will cause severe an d irreparable damage to the Disclosing Party and i t s Affiliates. I n the event of any v i o l ation of this Section, the Receiving P arty agrees tha t the D isclosing Party and / or its Affiliates wil l be authorized a nd entitled to obtai n from any court of compe t en t juris d iction injunctive relief, whether pre li minary or permanen t , as wel l as any other rel i ef permitted by applicable L aws . T he R eceiving Pa rt y will waive any r equ i re m ent tha t t he D i sclosing Par t y and / or i t s Aff i liates post b ond as a conditio n for obtaining any such rel i ef .

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: ANUBIS agrees (2) not to use the Confidential Information disclosed pursuant to this agreement for any purpose other than (to the extent necessary) to further the sale of and promotion of Products and 5.4 Each party agrees (iii) not to use any Confidential Information for any purpose except for the Business Purpose.

assistant: Yes
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 Lender may at any time, without the consent of, or notice to, the Company or the Administrative Agent, sell participations to any Person (other than a natural Person, a Defaulting Lender or the Company or any of the Company’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participation.

assistant: Participations
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: Mgmt. Ltd. P’ship, 209 F.3d 678, 685 (7th Cir.2000) (“[g]etting to and from work” is not itself a separate major life activity); Colwell v. Suffolk Co. Police Dep’t, 158 F.3d 635, 643 (2d Cir.1998) (same). Jones also argues that she is significantly limited in her ability to work. See Sutton, 527 U.S. at 492, 119 S.Ct. 2139 (working assumed to be major life activity). When the major life activity at issue is working, “[t]he inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.” 29 C.F.R. § 1630.2(j)(3)(i). Rather, Jones must show that the disabilities precluded her from a substantial class of jobs. See 29 -C.F.R. § 1630.2(j)(3)(i). This she has not done. Cf. Helfter v. UPS, 115 F.3d 613, 618 (8th Cir.1997) (<HOLDING>). Jones has extensive experience and education, Options: A. holding plaintiff not substantially limited in working because plaintiff failed to present evidence of disqualification because of knee condition from any jobs in the geographic area to which she had reasonable access B. holding that the plaintiffs inability to engage in frequent lifting of more than ten pounds would not significantly restrict her ability to perform a broad range of jobs in various classes C. holding that a plaintiff who could not perform some jobs because he wore a pacemaker was nevertheless still capable of performing most jobs in the workforce D. holding that similar impairments do not create a genuine issue of material fact as to whether her impairment rendered the plaintiff unable to perform a class of jobs or a broad range of jobs in various classes within a geographical area to which she had reasonable access E. holding that under pwdcra the inability to perform a particular job does not constitute a substantial limitation instead the impairment must significantly restrict an individuals ability to perform at least a wide range of jobs

assistant: The best answer is D. holding that similar impairments do not create a genuine issue of material fact as to whether her impairment rendered the plaintiff unable to perform a class of jobs or a broad range of jobs in various classes within a geographical area to which she had reasonable access
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: Except as provided in Section 13(b) and Section 14 , Holders of shares of Series A Preferred Stock shall be entitled to vote as a single class with the holders of the Common Stock and the holders of any other class or series of Capital Stock of the Company then entitled to vote with the Common Stock on all matters submitted to a vote of the holders of Common Stock (and, if applicable, holders of any other class or series of Capital Stock of the Company). Each Holder shall be entitled to the number of votes equal to the product of (i) the largest number of whole shares of Common Stock into which all shares of Series A Preferred Stock could be converted pursuant to Section 6 (taking into account the Conversion Restriction to the extent applicable) multiplied by (ii) a fraction the numerator of which is the number of shares of Series A Preferred Stock held by such Holder and the denominator of which is the aggregate number of issued and outstanding shares of Series A Preferred Stock, in each case at and calculated as of the record date for the determination of stockholders entitled to vote or consent on such matters or, if no such record date is established, at and as of the date such vote or consent is taken or any written consent of stockholders is first executed. The Holders shall be entitled to notice of any meeting of holders of Common Stock in accordance with the Articles of Incorporation and Bylaws of the Company.

assistant: General
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 Bank shall pay or reimburse the Executive for all reasonable travel and other expenses incurred by the Executive in the performance of his services under this Agreement. The Bank further agrees to provide the Executive with the full time use of an automobile of a make and model selected by the Executive, not more than two years old, commensurate with his position and as approved by the Compensation Committee of the Board of Directors. Subject to the approval of the Board of Directors of the Bank, the Bank shall reimburse the Executive for all initiation fees and dues associated with membership in professional, social, civic and service organizations which the Executive joins or has joined and which membership, in whole or in part, furthers the interests of or promotes the interests of the Bank or assists the Executive in business relationships on behalf of the Bank.

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: and will become ‘prejudicial,’ placing an unfair burden on the opposing party.” Delay may become undue when a movant has had previous opportunities to amend a complaint. Cureton, 252 F.3d at 273 (quoting Adams, 739 F.2d at 868) (internal citations omitted); see also Arthur v. Maersk, Inc., 434 F.3d 196, 205 (3d Cir.2006) (“There is, of course, no presumptive period in which a motion for leave to amend is deemed timely or in which delay becomes undue.”) (internal quotations omitted). Under this standard, courts have denied leave to amend following a three year lapse between the filing of the complaint and the proposed amendment, Lorenz v. CSX Corp., 1 F.3d 1406, 1414 (3d Cir.1993), and when the applicable party proposed a second amendment that essentially would “re 96 (8th Cir.2001) (<HOLDING>). Courts also have allowed amendment after Options: A. holding that denial of leave to amend is error in the absence of justifying reasons B. holding that denial of a postconviction motion without prejudice and with leave to amend is not a final appealable order C. holding that delay of eleven months did not justify denial of leave to amend D. holding that court may refuse leave to amend because of undue delay E. holding that the district court abused its discretion in denying leave to amend after a delay of eight months

assistant: The best answer is C. holding that delay of eleven months did not justify denial of leave to amend
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the rights, interests or obligations under this Agreement shall be assigned by any Party (whether by operation of Law or otherwise) without the prior written consent of the Company and the Requisite Commitment Parties, other than an assignment by a Commitment Party expressly permitted by Section 2.3 or 2.6 and any purported assignment in violation of this Section 10.2 shall be void ab initio. Except as provided in Article VIII with respect to the Indemnified Persons, this Agreement (including the documents and instruments referred to in this Agreement) is not intended to and does not confer upon any Person any rights or remedies under this Agreement other than the Parties.

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: CBL claim that if the merger is effected, the public will be harmed because Sparrow Hospital will no longer provide late re at the incipiency and block the merger. This court does not find irreparable injury will result from not enjoining the merger because this court sees a very minimal probability that a divestiture would ever be warranted in the future. For reasons that will be explained infra, this court is of the opinion that plaintiffs are not likely to succeed on the merits. Also, plaintiffs claim that if the merger is not enjoined they may lose standing to challenge it, thereby suffering irreparable harm. This court finds no merit in this contention. In making this argument, plaintiffs rely on the case of Arrow-Hart & Hegeman Electric 477, 97 S.Ct. 690, 50 L.Ed.2d 701 (1977) (<HOLDING>). For instance, as described above, GLASCCO and Options: A. holding that an antitrust injury is a necessary element of a 2 claim B. holding that plaintiff must show antitrust injury meaning injury of the type the antitrust laws were intended to prevent and which flows from defendants unlawful acts C. holding that an activity which is exempt from the antitrust laws cannot form the basis of an antitrust investigation D. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing E. holding that a plaintiff must show antitrust injury in order to bring an antitrust lawsuit

assistant: The best answer is E. holding that a plaintiff must show antitrust injury in order to bring an antitrust lawsuit
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: a user of file-sharing software has no reasonable expectation of privacy in his publicly shared files because it is not an expectation of privacy that society is willing to recognize. See United States v. Samples, No. 3-08-CR-12, 2011 WL 4907315, at *5 (N.D.Tex. Sept. 15, 2011) (“Counsel had no basis for challenging the use of forensic software to download files from a peer-to-peer network because a user of file-sharing software has no reasonable expectation of privacy in his public files.”); see also United States v. Borowy, 595 F.3d 1045, 1048 (9th Cir.2010) (“Borowy’s subjective intention not to share his files did not create an objectively reasonable expectation of privacy in the face of such widespread public access”); United States v. Stults, 575 F.3d 834, 842-45 (8th Cir.2009) (<HOLDING>); United States v. Perrine 518 F.3d 1196, 1205 Options: A. holding appellant failed to show any expectation of privacy in files stored on the computer system in his office was one that society accepts as objectively reasonable B. holding that an agents use of filesharing program to access child pornography files on the defendants computer did not constitute an illegal warrantless search because the defendant had made those files accessible to others and thus lacked any reasonable expectation of privacy in files C. holding stults had no reasonable expectation of privacy in files that the fbi retrieved from his personal computer where stults admittedly installed and used limewire to make his files accessible to others for file sharing one who gives his house keys to all of his friends who request them should not be surprised should some of them open the door without knocking D. holding search of probationers computer by probation officers was reasonable even in absence of a search provision when conditions on probationers computer use reduced his expectation of privacy in his computer E. holding that where there is no evidence of shared use or common authority an individual has a reasonable expectation of privacy in the files kept on a personally owned computer

assistant: The best answer is C. holding stults had no reasonable expectation of privacy in files that the fbi retrieved from his personal computer where stults admittedly installed and used limewire to make his files accessible to others for file sharing one who gives his house keys to all of his friends who request them should not be surprised should some of them open the door without knocking
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: Car means a car that is in the lawful possession of you or any resident relative and that neither: 1. is owned by: a. you-, b. any resident relative-, c. any other person who resides primarily in your household; or d. an employer of any person described in a., b., or c. above; State Farm Policy at 8. However, Plaintiffs do not argue that the above exclusion of an employer-owned car in the definition of “non-owned car” is ambiguous or confusing. Compare Haynes, 32 Cal.4th at 1211, 13 Cal.Rptr.3d 68, 89 P.3d 381 (finding exclusion to not be plain and clear where an ambiguous term was left undefined). The “non-owned car” definition also does not use any complicated words that are outside “the vocabulary of average lay persons.” Compare Ponder, 145 Cal.App.3d at 723, 193 Cal.Rptr. 632 (<HOLDING>). Finally, the sentence structure is not so Options: A. holding that where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation B. holding that clause excluding coverage for temporomandibular joint syndrome without a definition for that disease was not plain and clear C. holding that a broad statutory definition of a term that was inconsistent with the terms plain meaning did not affect the terms definition in other contexts D. holding that an error is plain if it is clear or obvious E. holding that decedent employees common law negligence claim against employer was not barred when disease was not compensable under the wca or the occupational disease act

assistant: The best answer is B. holding that clause excluding coverage for temporomandibular joint syndrome without a definition for that disease was not plain and clear
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you do not want to arbitrate disputes with duolingo and you are an individual , you may opt out of this arbitration agreement by sending an email to legal@duolingo.com within 30 days of the day you first access or use the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE OPTIONEE HEREBY EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS AGREEMENT AND FOR ANY COUNTERCLAIM THEREIN.

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: 106 S.Ct. at 2553. And if plaintiff cannot support each essential element of his claim, summary judgment must be granted because a complete failure of proof regarding an essential element necessarily renders other facts immaterial. Id. at 322-23, 106 S.Ct. at 2552-53. The Court reviews defendants’ motion for summary judgment in light of the forgoing standard. DISCUSSION There is no question in this case of Brod-nicki’s innocence. But, because “[t]he Constitution does not guarantee that only the guilty will be arrested,” Baker v. McCollan, 443 U.S. 137, 145, 99 S.Ct. 2689, 2695, 61 L.Ed.2d 433 (1979), Brodnieki’s innocence is irrelevant to the question of whether there was probable cause for his arrest. Michigan v. DeFillippo, 443 U.S. 31, 36, 99 S.Ct. 2627, 2631, 61 L.Ed.2d 343 (1979) (<HOLDING>). The issue before the Court is whether the Options: A. holding that the burden is on the defendant when the validity of the warrant is challenged B. holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed C. holding that initial illegal detention does not call into question validity of arrest pursuant to valid warrant wjhere the police effectuate an arrest in an illegal manner but nonetheless have probable cause to make the arrest the proper fourth amendment remedy is to exclude only that evidence which is a fruit of the illegality D. holding that where an arrest was premised on both legally and illegally obtained evidence the validity of the arrest would depend on whether the untainted information considered by itself establishes probable cause E. holding that the validity of the arrest does not depend on whether the suspect actually committed a crime the mere fact that the subject is later acquitted of the offense for which he is arrested is irrelevant to the validity of the arrest

assistant: The best answer is E. holding that the validity of the arrest does not depend on whether the suspect actually committed a crime the mere fact that the subject is later acquitted of the offense for which he is arrested is irrelevant to the validity of the arrest
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 term, condition or provision of this Agreement may be waived to the extent permitted by law in writing at any time by the Party that is entitled to the benefits thereof. The waiver of any breach of any provision under this Agreement by any Party shall not be deemed to be a waiver of any preceding or subsequent breach under this Agreement. No such waiver shall be effective unless in writing.

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: All covenants, agreements, representations and warranties made by the Credit Parties herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, the Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Aggregate Commitment has not expired or terminated. The provisions of Section 2.15, Section 2.16, Section 2.17 and Section 11.03 and Article X shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Aggregate Commitment or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall pay and discharge when due any and all indebtedness, obligations, assessments and taxes, both real and personal, owed by or relating to Borrower and Borrower’s properties (including federal and state income taxes), except such as Borrower may in good faith contest or as to which a bona fide dispute may arise, provided provision is made to the satisfaction of Administrative Agent for eventual payment thereof in the event that it is found that the same is an obligation of Borrower.

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: Supreme Court would conclude that such negligence and negligent misrepresentation does not constitute an “accident.” While negligence often leads to an accident, negligent behavior is not itself an “accident.” See Couch on Insurance § 126:26 (3d ed.) (“The word ‘accident’ implies a misfortune with concomitant damage to a victim, and not to the negligence which eventually results in that misfortune.”). This interpretation is consistent with the generally accepted definition of an “accident” set out by the Kansas Supreme Court. Negligent conduct itself is not an undesigned, sudden, or unexpected event of an afflictive or unfortunate character, but often the cause of such an event. See Neale Construction Co. v. United States Fidelity & Guaranty Co., 199 F.2d 591, 592 (10th Cir.1952) (<HOLDING>); ERA Franchise Systems, Inc. v. Northern Ins. Options: A. holding that the word sudden in a pollutionexclusion clause in a general liability insurance policy was ambiguous ie was capable of more than one reasonable interpretation and therefore would be interpreted in favor of the insured to mean unexpected and unintended B. holding that probation does not constitute a sentence C. holding that a cgl policy such as the one at issue here does not insure against claims for defective or negligent workmanship or construction because defective workmanship does not constitute an accident and therefore claims for defective or negligent workmanship do not constitute an occurrence under the policy D. holding that the phrase sudden and accidental is not a synonym for unexpected and unintended and that the discharge of coal dust over an eight year period was not sudden E. holding that negligent construction is not sudden unexpected or unanticipated and does not constitute an accident

assistant: The best answer is E. holding that negligent construction is not sudden unexpected or unanticipated and does not constitute an accident
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT HE OR IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 3.14.

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: 188 (Tex.Crim.App.1999) (“non-capital cases are governed by Article 37.07, which requires that extraneous offenses be proven beyond a reasonable doubt”); Sonnier v. State, 913 S.W.2d 511, 521 n. 5 (Tex.Crim.App.1995) (noting that Article 37.07 “governs the punishment charge in non-capital trials”). Extraneous offenses thus get a limiting instruction under article 38.37 during the guilt/innocence phase. A reasonable-doubt instruction under article 37.07 applies to punishment because it is the only time those offenses can be used to enhance the punishment of the charged offense. Graves urges this court to extend the duty discussed in Huizar to the guilt-innocence phase of trial. We declined to do so in Rodriguez v. State, 137 S.W.3d 228, 231 (Tex.App.-Houston [1st Dist.] 2004, no pet.) (<HOLDING>). Following our court’s decision in Rodriguez, Options: A. holding that the trial court did not err by granting defendants motion for summary judgment B. holding trial court did not err by failing to consider amended petition filed after hearing without leave of court C. holding that trial court did not err D. holding trial court did not err in failing to define manufacture E. holding that trial court did not err in separating negligent entrustment and negligence claims for trial

assistant: The best answer is C. holding that trial court did not err
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 is no pending action, suit, proceeding, arbitration, mediation, complaint, claim, charge or investigation before any court, arbitrator, mediator or governmental body, or to the Company’s knowledge, currently threatened in writing (i) against the Company or (ii) against any consultant, officer, director or key employee of the Company arising out of his or her consulting, employment or board relationship with the Company or that could otherwise materially impact the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the trial and does not necessarily result in a mistrial. See Fletcher v. State, 168 So.3d 186, 207 (Fla. 2015), cert. denied, — U.S. —, 136 S.Ct. 980, 194 L.Ed.2d 7 (2016). When determining whether such a remark vitiated the defendant’s right to a fair trial, reviewing courts have often considered whether the fact of a prior conviction or incarceration was critical to any facts at issue during the trial. Compare Cox v. State, 819 So.2d 705, 713-14 (Fla. 2002) (finding no abuse of discretion by trial court’s denial of motion for mistrial after witness stated that the defendant already had two sentences of life imprisonment because the jury was aware that the defendant was incarcerated at the time of the events in question) with Brooks v. State, 868 So.2d 643, 644 (Fla. 2d DCA 2004) (<HOLDING>); and Henderson v. State, 789 So.2d 1016, Options: A. holding that witnesss suggestion that the defendant went back to prison was harmful in part because it affected the defenses theory of selfdefense which would have been undermined in light of evidence of a prior conviction B. holding that the admission of a family photo was harmless error in light of the overwhelming evidence in support of the conviction C. holding the fourth element asks if but for the defendants actions the plaintiff would have been in a less harmful position D. holding that corroborative evidence of prior specific acts of violence by victim may be admissible in selfdefense case where the defendant knew of the act E. holding that the erroneous omission of a selfdefense instruction was harmful in part because the jury sentenced the murder defendant to twelve years imprisonmentindicating a belief that the murder defendant was not significantly blameworthy

assistant: The best answer is A. holding that witnesss suggestion that the defendant went back to prison was harmful in part because it affected the defenses theory of selfdefense which would have been undermined in light of evidence of a prior conviction
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: to opt out , you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision , and must include your name and home address , the email address that you use for your oculus account ( if you have one ) and a clear statement that you want to opt out of this arbitration agreement .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments made, and benefits provided, hereunder shall be net of all legally required taxes and other withholdings. Executive shall be solely responsible for all taxes that result from Executive’s receipt of the payments and benefits to be provided under this Release, and the Bank does not make any representation, warranty or guarantee of any federal, state or local tax consequence to Executive as part of Executive’s receipt of any payment or benefit hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Should any clause, sentence, section, article or paragraph of this Agreement judicially be declared to be invalid, unenforceable, or void, such decision shall not have the effect of invalidating or voiding the remainder of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: independent advice of her own choosing. In addition, Marilyn and Ball did not inform the brothers of the transfer until after it was completed, thereby depriving Gladys of the brothers’ advice. Proper independent advice in these circumstances means “showing that the donor had the benefit of conferring fully and privately upon the subject of his intended gift with a person who was not only competent to inform him correctly as to its legal effect, but who was furthermore so disassociated from the interests of the do-nee as to be in a position to advise with the donor impartially and confidently as to the consequences to himself of his proposed benefaction.” Merritt, 226 Iowa at 528, 284 N.W. at 404 (citation omitted); see also Luse v. Grenko, 251 Iowa 211, 219, 100 N.W.2d 170, 175 (1959) (<HOLDING>); McGaffee, 244 Iowa at 887, 56 N.W.2d at 39-40 Options: A. holding that additional consideration is a factor in determining whether there is an implied contract of employment B. recognizing that the acceptance by the grantee of a deed poll signed and sealed by the grantor containing covenants to be performed by the grantee binds the latter to the performance of these covenants as effectually as if he had executed the instrument quotations and citation omitted C. holding that an interest obtained through an agreement supported by consideration is superior to that of a named beneficiary who has given no consideration D. holding that independent advice to the transferor is an important consideration where there is a confidential relation between grantor and grantee who is in position of dominance no showing that siblings were made aware of plan to make defendant joint payee of mothers bank account and bonds E. holding that where the state law has only an indirect effect on the plan and where it is one of general application which pertains to an area of important state concern the court should find there has been no preemption

assistant: The best answer is D. holding that independent advice to the transferor is an important consideration where there is a confidential relation between grantor and grantee who is in position of dominance no showing that siblings were made aware of plan to make defendant joint payee of mothers bank account and bonds
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 FAA would necessarily govern the parties’ arbitration agreement; Plaintiffs definition of “transportation employees” is overly broad. Under the FAA, “[a] written provision in ... a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract” shall be valid. 9 U.S.C. § 1. Nevertheless, § 1- of the FAA provides, in pertinent part: “but nothing herein contained shall apply to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” Id. The scope of § l’s exclusion has been narrowly construed by a large number of circuit courts, including the Third Circuit. Tenney Eng’g v. United Elec., Radio & Mach. Workers, 207 F.2d 450, 452 (3d Cir. 1953) (<HOLDING>). To date, virtually every circuit having Options: A. holding that the government can satisfy the hobbs act interstate commerce requirement by showing that the robbery resulted in the closure of a business engaged in interstate commerce B. holding that the district court lacked the authority to compel arbitration because the faa is inapplicable to employees who are engaged in interstate commerce C. holding that the exclusionary language of 1 should only apply to those workers who are actually engaged in the movement of interstate or foreign commerce or in work so closely related thereto as to be in practical effect part of it D. holding that the hobbs act did not apply to the robbery of a computer company executive in his home even though the crime may have prevented him from getting to work or making busi ness calls because his only connection with interstate commerce was his employment by a business engaged in interstate commerce E. holding that dairy products that originated outside of texas and shipped to texas then stopped in dallas were part of a continuous movement in interstate commerce the truck drivers who delivered the products locally in texas were engaged in interstate commerce for purpose of the motor carrier act exemption

assistant: The best answer is C. holding that the exclusionary language of 1 should only apply to those workers who are actually engaged in the movement of interstate or foreign commerce or in work so closely related thereto as to be in practical effect part of it
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: commission. Generally, where the parties acknowledge creation of a contract and the disagreement concerns their varying understandings about certain terms, such questions are properly submitted to a jury. See, e.g., Pan American Bancshares, Inc. v. Trask, 278 So.2d 313, 314 (Fla. 3d DCA 1973). The next issue is whether and how the parties to an oral contract can orally modify it. It is well established that the parties to a contract can discharge or modify the contract, however made or evidenced, through a subsequent agreement. Carolina Metal Prods. Corp. v. Larson, 389 F.2d 490 (5th Cir.1968); 17A Am. Jur.2d Contracts § 513 (1991) (stating that a contract may be superseded or modified by another contract); cf. H.I. Resorts, Inc. v. Touchton, 337 So.2d 854, 856 (Fla. 2d DCA 1976) (<HOLDING>); 7 Fla. Jur.2d Brokers § 55 (1997) (stating Options: A. holding that when a contract is partially parol and partially written parol evidence may prove the parol terms B. holding that enforcement of alleged oral representations made prior to execution of written contract was barred by the parol evidence rule and the explicit integration clause C. holding the parol evidence rule presumes finality with respect to the written terms of the agreement only and does not prevent consideration of parol evidence concerning the duration of contract D. holding that the arbitration agreement in a written contract did not apply to a dispute arising from a subsequent oral agreement which did not incorporate the arbitration clause from the written contract E. holding that the parol evidence rule did not bar introduction of evidence of a subsequent oral contract concerning the brokers right to a commission and modifying the written agreement

assistant: The best answer is E. holding that the parol evidence rule did not bar introduction of evidence of a subsequent oral contract concerning the brokers right to a commission and modifying the written agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Issuer has duly executed and delivered this Agreement and (subject to its execution by the Purchasers) it constitutes a valid and binding agreement of the Issuer enforceable in accordance with its terms against the Issuer, except as such enforceability may be limited by principles of public policy, and subject to laws of general application relating to bankruptcy, insolvency and the relief of debtors and rules of law governing specific performance, injunctive relief or other equitable remedies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Assignor hereby assigns, transfers and sets over unto Assignee all of Assignor’s right, title and interest in and to (collectively, the “ Assigned Interests ”) (a) the leases set forth on the rent roll attached hereto as Exhibit A and made a part of this Assignment and any other lease, license or right of occupancy affecting the Property, together with all amendments, extensions, and other modifications thereto (the “ Leases ”), (b) any and all rights of Assignor and the lessor under the Leases to collect rents, additional rents, escrow or security deposits, fees, income, charges, and profits now or hereafter arising thereunder, and (c) any guarantees of any Leases, to have and to hold the same unto Assignee, its successors and assigns.

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 legal provision and list the applicable contract clause categories. Provision: Except as disclosed on Schedule 8.7 , (a) no Company ( other than as a creditor or claimant) is subject to, or aware of the threat of, any Litigation (i) that is reasonably likely to be determined adversely to any Company and, if so adversely determined, shall result in a Material Adverse Event, or (ii) that purports to affect or pertain to this Agreement or any other Loan Paper, or any of the transactions contemplated hereby, (b) no outstanding or unpaid judgments against any Company exist, and (c) no Company is a party to, or bound by, any judicial or administrative order, judgment, decree, or consent decree relating to any past or present practice, omission, activity, or undertaking which constitutes a Material Adverse Event.

assistant: Litigations
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: Participant agrees that in the event of a breach or threatened breach of any of the covenants contained in Sections 9 or 10 of this Agreement, in addition to any other penalties or restrictions that may apply under any employment agreement, state law, or otherwise, Participant shall forfeit, upon written notice to such effect from the Corporation, any and all Awards granted to him or her under the Plan and this Agreement, including vested Awards. The forfeiture provisions of this Section 12 shall continue to apply, in accordance with their terms, after the provisions of any employment or other agreement between the Corporation and Participant have lapsed. Participant consents and agrees that if Participant violates or threatens to violate any provisions of Sections 9 or 10 of this Agreement, the Corporation or its successors in interest shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction restraining Participant from committing or continuing any violation of Sections 9 or 10. In the event that Participant is found to have breached any provision set forth in Section 9 of this Agreement, the time period provided for in that provision shall be deemed tolled ( i.e. , it will not begin to run) for as long as Participant was in violation of that provision.

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: BYTOC has never owned, beneficially or otherwise, any shares or other securities of, or any direct or indirect equity interest in, any other corporate entity. BYTOC has not agreed, nor is obligated, to make any future investment in or capital contribution to any other corporate entity. BYTOC has not guaranteed and is not responsible or liable for any obligation of any other corporate entity.

assistant: Subsidiaries
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: Except as provided in this Section 3(e) , the Executive shall forfeit to the Company, without compensation, any and all unvested Shares of Restricted Stock upon the Executive’s termination of employment for any reason. Additionally, in the event the Executive engages in Detrimental Activity prior to, or during the one year period after, any vesting of Restricted Stock, the Committee may direct that all unvested Restricted Stock shall be immediately forfeited to the Company and the Executive shall pay to the Company an amount equal to the Fair Market Value at the time of vesting of any Restricted Stock which had vested in the period referred to above.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party and each of the Borrower’s Subsidiaries has timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which such Person has set aside on its books adequate reserves or (b) to the extent that the failure to do so could not reasonably be expected to have a Material Adverse Effect.

assistant: Taxes