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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Revolving Lender (or, as appropriate, its assignee following compliance with Section 11.06(b)(vi))) or (ii) the determination by the Administrative Agent and the L/C Issuer that there exists excess Cash Collateral; provided , however , (A) any such release shall be without prejudice to, and any disbursement or other transfer of Cash Collateral shall be and remain subject to, any other Lien conferred under the Loan Documents and the other applicable provisions of the Loan Documents, and (B) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: here.) The proffer agreement states that self-incriminating statements cannot “be used to determine the appropriate guideline sentence.” But it lists exceptions, including “to rebut any factual position taken by or on [Loesel’s] behalf in connection with sentencing issues or for any other reason.” He asserts the exception does not apply. Not so. At sentencing, he claimed his girlfriend’s pseudoephedrine purchases were not' attributable to him. According to Loesel, his claim is a “legal theory,” not a factual position. Drug quantity is a question of fact. See Walker, 688 F.3d at 420. The government used his proffer statements about meth use and distribution to rebut Loesel’s factual position about drug quantity—which is permitted under the agreement. Cf. Perry, 640 F.3d at 812-13 (<HOLDING>). The district court did not err in using that Options: A. holding the proffer agreement was violated where information from the proffer session could be used against the defendant only if he materially contradicted statements made during the proffer sessionand only as impeachment or rebuttal evidence or as the basis for a prosecution for perjury or false statement B. holding that the trial courts statement it would deny the defendants request to make a bill at this time did not discharge the appellants duty to proffer the excluded testimony for preservation of error C. holding that for a section 10b violation the sec must prove that the defendant in connection with the purchase or sale of securities made a materially false statement or omitted a material fact with scienter and that the plaintiffs reliance on the defendants action caused injury to the plaintiff D. holding that the elements of a claim under 3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added E. holding that duress evidence was properly excluded where defendant failed to proffer evidence on each element of the defense

assistant: The best answer is A. holding the proffer agreement was violated where information from the proffer session could be used against the defendant only if he materially contradicted statements made during the proffer sessionand only as impeachment or rebuttal evidence or as the basis for a prosecution for perjury or false statement
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: rewards for confession, or deprivation of freedom of action;” (4) “[t]he evidence in the record does not show an oppressive environment];]” and (5) “defendant’s intoxication at the time of confession does not preclude a conclusion that a defendant’s statements were freely made],] . . . [and the] record does not show defendant was so heavily under the influence that he could not understand the implications of confessing to sexually assaulting his daughter.” Id. at 115-16, 572 S.E.2d at 168-69 (internal citations omitted). After an examination of the circumstances our Court held the defendant’s statement to law enforcement officers was made voluntarily. Id. at 116, 572 S.E.2d at 169. In this case, the detectives suggestion that Defendant was a suspect in a murder inve 2, 720-21 (1991) (<HOLDING>); State v. Hardy, 339 N.C. 207, 224, 451 S.E.2d Options: A. holding that confession was not induced from an improper promise where competent evidence supports the trial courts finding that the interviewing officer made no promises during the interrogation B. holding that agee applies only where defendant has alleged that his confession was induced by threats or promises C. holding that when competent substantial evidence supports a trial courts ruling the appellate court will not secondguess the trial court D. holding that a trial courts finding of a fraudulent lien must be supported by competent evidence E. holding that when competent substantial evidence supports the trial courts ruling this court will not secondguess the trial court on this matter

assistant: The best answer is A. holding that confession was not induced from an improper promise where competent evidence supports the trial courts finding that the interviewing officer made no promises during the interrogation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to be addressed in the reissue declaration. Surgin argues that the changes do alter the scope of the claims, and that the failure to address them in the reissue declaration renders the claims invalid. Both Site and Surgin have submitted large numbers of affidavits concerning the significance of the changes identified by Surgin. Surgin correctly states that, because claim interpretation is a matter of law, the question whether the changes in the reissue claims substantively alter the scope of the claims is also a question of law. Nonetheless, the question whether the scope of claims has been substantively altered cannot be adjudicated in a summary fashion, because its resolution turns on underlying factual disputes. See Tillotson, Inc. v. Walbro Corp., 831 F.2d 1033, 1038 (Fed.Cir.1987) (<HOLDING>). In addition to arguing that the changes made Options: A. holding that prosecution history will limit the interpretation of claim terms so as toexclude any interpretation that was disclaimed during prosecution B. holding that although term was not limited by the specification it was expressly defined in a narrow manner in the prosecution history C. holding that in order to understand patent claims a court can take instruction from the other claims the specification and the prosecution history D. holding that summary judgment was improperly granted in view of the need for careful interpretation of the original and reissue claims in light of the specification the prosecution history and the alleged industry practice E. holding that because the language of the easement was ambiguous the parties intentions were not clear and summary judgment was improperly granted

assistant: The best answer is D. holding that summary judgment was improperly granted in view of the need for careful interpretation of the original and reissue claims in light of the specification the prosecution history and the alleged industry practice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall, by 9:30 a.m. (New York City time) on the date following the date of execution hereof, file a Current Report on Form 8-K disclosing the material terms of this Agreement, including the Transaction Documents as exhibits thereto, with the SEC within the time required by the Exchange Act. From and after the filing of the Form 8-K as provided in the preceding sentence, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the issuance of such Form 8-K, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the SEC or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except (a) as required by federal securities law in connection with the filing of final Transaction Documents with the SEC and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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, whether or not the transactions contemplated hereunder are consummated or this Agreement is terminated, in accordance with the provisions of Section 11 hereunder, will pay the following expenses all incident to the performance of its obligations hereunder, including, but not limited to, expenses relating to (i) the preparation, printing and filing of the Registration Statement and each amendment and supplement thereto and of each Prospectus and of each amendment and supplement thereto, (ii) the preparation, issuance and delivery of the Placement Shares, (iii) the qualification of the Placement Shares under securities laws in accordance with the provisions of Section 7(d) of this Agreement, including filing fees (provided, however, that any fees or disbursements of counsel for Cowen in connection therewith shall be paid by Cowen except as set forth in (vii) below), (iv) the printing and delivery to Cowen of copies of the Prospectus and any amendments or supplements thereto, and of this Agreement, (v) the fees and expenses incurred in connection with the listing or qualification of the Placement Shares for trading on NYSE, (vi) the filing fees and expenses, if any, of the Commission, (vii) the filing fees and associated reasonable and documented legal expenses of Cowen’s outside counsel for filings with the FINRA Corporate Financing Department, such legal expense reimbursement not to exceed $10,000 and, (viii) the reasonable and documented fees and disbursements of Cowen’s counsel in an amount not to exceed $50,000.

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 legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of the Plan and any applicable Award Agreement, Awards and Stock subject to Awards made under this Section 7.8 may not be sold, assigned, transferred, pledged or otherwise encumbered prior to the date on which the Stock is issued, or, if later, the date on which any applicable restriction, performance or deferral period lapses. Stock (including securities convertible into Stock) subject to Awards granted under this Section 7.8 may be issued for no cash consideration or for such minimum consideration as may be required by applicable law. Stock (including securities convertible into Stock) purchased pursuant to a purchase right awarded under this Section 7.8 shall be purchased for such consideration as the Committee shall determine in its sole discretion, which, except in the case of Substitute Awards, shall not be less than the Fair Market Value of such Stock or other securities as of the date such purchase right is awarded.

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: of the government’s key witness, Officer Russell, in two ways. First, the prosecutor directly vouched for Officer Russell’s testimony by st ell’s testimony by suggesting to the jury that the officer was credible because the prosecutor and the court were monitoring the truthfulness of his testimony and had the power to penalize the officer if he lied. The prosecutor told the jurors that for them to believe Officer Russell lied in his testimony they also would have to believe he “lied to this judge” and “lied to me and I’m prosecuting this case.” The prosecutor argued that if the officer lied in his testimony he would “risk losing his job, risk losing his pension, risk losing his livelihood.” This, too, was improper vouching. See United States v. Combs, 379 F.3d 564, 575 (9th Cir.2004) (<HOLDING>). Here, the improper vouching was not objected Options: A. holding that both agent and principal will be liable when the agent acts within the scope of his employment but for his own purposes B. holding that it was improper vouching when the prosecutor plainly implied that she knew agent bailey would be fired for committing perjury and that she believed no reasonable agent in his shoes would take such a risk C. holding that the employer was not the insurers agent D. holding that a plaintiff can show that she is qualified by presenting credible evidence that she continued to possess the objective qualifications she held when she was hired E. holding where defense counsel argued that the prosecution had not presented the testimony of a law enforcement agent because it would have been favorable to the accused the prosecutor properly argued in rebuttal that clark could have called the agent as a witness on his own

assistant: The best answer is B. holding that it was improper vouching when the prosecutor plainly implied that she knew agent bailey would be fired for committing perjury and that she believed no reasonable agent in his shoes would take such a risk
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 set forth in Disclosure Schedule 7.7 , as of the Effective Date, no Credit Party has any Subsidiaries, is engaged in any joint venture or partnership with any other Person, or is an Affiliate of any other Person. All of the issued and outstanding Equity Interests of each Credit Party (other than Initial Borrower) (including all rights to purchase, options, warrants or similar rights or agreements pursuant to which such Credit Party may be required to issue, sell, repurchase or redeem any of its Equity Interests) as of the Effective Date is owned by each of the Equity Interests Holders (and in the amounts) set forth on Disclosure Schedule 7.7 . All outstanding Indebtedness of each Credit Party as of the Effective Date is described in Disclosure Schedule 9(b) .

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: No party shall issue any press release or public announcement relating to the subject matter of this Agreement without the prior written approval of the other parties, which approval shall not be unreasonably withheld or delayed; provided , however , that any party may make the following public disclosure (without the consent of the other party): (a) if prior to Closing, such disclosure it believes in good faith is required by Applicable Law or stock market rule; or (b) if post-Closing, disclosure of such of the principal terms of the transaction contemplated by this Agreement that such party elects to make.

assistant: Publicity
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: Immediately after the consummation of the Transactions to occur on the Closing Date, including the making of each Loan to be made on the Closing Date and as of the date of each other extension of credit hereunder after, in each case, the application of the proceeds of such Loans, and after giving effect to the rights of subrogation and contribution under the Guarantee and Collateral Agreement and otherwise, the Borrower and its Restricted Subsidiaries, taken as a whole and on a consolidated basis, will be Solvent.

assistant: Solvency
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: facts, even in light of the drug courier profile, are not more than an “in choate and unparticularized suspicion.” At best, there was a hunch Younes was involved in the methamphetamine trade because he was once arrested. The facts here are similar to $53,082, where this court found no reasonable suspicion for the warrantless seizure, much less probable cause. $53,082, 985 F.2d at 248-50 (involving travel between two known drug activity cities on tickets paid with cash the same day, with a return flight for the next day and no checked luggage, men carrying all the cash in then socks, and statements that they intended to invest the money obtained from their jobs and lotto winnings in a limousine service); see also United States v. $7,850 in U.S. Currency, 7 F.3d 1355, 1358 (8th Cir.1993) (<HOLDING>). We find the same conclusion is warranted Options: A. holding that the rule g pleading standard was met when the cash amount seized was large 185000 the claimant had been unemployed for six months the cash was packaged in an unusual fashion the claimant attempted to avoid a search and gave a false statement to police and a drug dog alerted positively B. holding that probable cause is a complete defense to an action for false arrest C. holding no probable cause where naddispositive claimant gave false and evasive answers purchased ticket with cash the day of flight and had no luggage or identification D. holding that 20minute detention was not unreasonable where suspect gave misleading answers E. holding that there is no 1983 cause of action for false arrest unless the arresting officer lacked probable cause

assistant: The best answer is C. holding no probable cause where naddispositive claimant gave false and evasive answers purchased ticket with cash the day of flight and had no luggage or identification
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: which are based, not on the contents of deponent’s testimony, but on his absence from court”). Our sister circuits have recognized that Rule 32(a) is an independent exception to the hearsay rule. See Ueland v. United States, 291 F.3d 993, 996 (7th Cir.2002) (“Rule 32(a), as a freestanding exception to the hearsay rule, is one of the ‘other rules’ to which Fed.R.Evid. 802 refers. Evidence authorized by Rule 32(a) cannot be excluded as hearsay, unless it would be inadmissible even if delivered in court.”); Angelo v. Armstrong World Indus., Inc., 11 F.3d 957, 962-63 (10th Cir.1993) (“Deposition testimony is normally inadmissible hearsay, but Fed.R.Civ.P. 32(a) creates an exception to the hearsay rules.”); S. Indiana Broadcasting, Ltd. v. FCC, 935 F.2d 1340, 1341—42 (D.C.Cir.1991) (<HOLDING>); United States v. Vespe, 868 F.2d 1328, 1339 Options: A. holding that an objection on hearsay grounds did not preserve for appeal an exception to the hearsay rule that was not specifically raised B. holding that the admission of evidence under an exception to the hearsay rule is reviewed for abuse of discretion C. recognizing exception D. recognizing that fedrcivp 32a creates an exception to the hearsay rule E. holding that fraud creates an exception to the rule

assistant: The best answer is D. recognizing that fedrcivp 32a creates an exception to the hearsay rule
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 for the consents that have been obtained on or prior to the Closing or filings required to be made by the Company with federal or state securities commissions or the New York Stock Exchange (“ NYSE ”), no consent, approval, license, order, authorization, registration, declaration or filing with or of any governmental entity or other person is required to be done or obtained by the Company in connection with (i) the execution and delivery by the Company of this Agreement, (ii) the performance by the Company of its obligations under this Agreement, (iii) the consummation by the Company of any of the transactions contemplated by this Agreement, including the issuance and sale of the Shares in accordance with the terms hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Supply Agreement shall be found by a court of competent jurisdiction to be void, invalid, illegal or unenforceable, such adjudication shall not affect or impair, in whole or in part, the validity, enforceability or legality of any remaining portions of this Supply Agreement. All remaining portions shall remain in full force and effect as if the original Supply Agreement had been executed without the invalidated, unenforceable or illegal part. The Parties shall use commercially reasonable efforts to replace the invalid, illegal or unenforceable provision(s) with valid, legal and enforceable provision(s) in a way that, to the extent practicable and legally permissible, implements the original intent of the Parties.

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: does not address the impact of a per curiam affirmance of our decision by the Supreme Court. 5 . Even if our dissenting colleague is correct in asserting, like Plaintiffs, that the Supreme Court did not expressly reject the approach adopted by the dissenting judge in Moore, a proposition with which we do not agree, we are still bound by our own decision in Moore, which recognizes that N.C. Gen. Stat. § 20-279.21 requires direct or indirect physical contact between the vehicles driven by the insured and the vehicle driven by the hit-and-run driver (as compared to contact between the insured vehicle and some object that falls from or was thrown off of the vehicle driven by the hit-and-run driver). In the Matter of Appeal from Civil Penalty, 324 N.C. 373, 384, 379 S.E.2d 30, 37 (1989) (<HOLDING>). HUNTER, Robert C., Judge, dissenting. I Options: A. holding that one panel of this court is bound by the precedent of an earlier panel absent en banc reconsideration or a superseding contrary decision of the supreme court B. holding stare decisis applies when one court of appeals panel is faced with previous decision of different panel C. holding that a panel of the court of appeals is bound by a prior decision of another panel of the same court addressing the same question but in a different case unless overturned by an intervening decision from a higher court D. holding that a panel of this court is bound by a holding of a prior panel but is not bound by a prior panels dicta E. holding that where a panel of the court of appeals has decided the same issue albeit in a different case a subsequent panel of the same court is bound by that precedent unless it has been overturned by a higher court

assistant: The best answer is C. holding that a panel of the court of appeals is bound by a prior decision of another panel of the same court addressing the same question but in a different case unless overturned by an intervening decision from a higher court
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: Pursuant to Section 18 of the Plan, the Committee may at any time amend or cancel any unvested portion of this Award, but no such action may be taken that adversely affects the Grantee’s rights under hereunder without the Grantee’s consent.

assistant: Amendments
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: 10.2 if the licensee does not agree to the revised terms of use , he or she will not be bound by them if the licensee ceases all use of the service and destroys all copies , full or partial , of the service in the licensee 's possession .

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 representations and warranties contained in Section 3 of this Agreement shall survive the Closing Date for one (1) year, except (i) as to any matter as to which a good faith claim has been submitted in writing to the other party describing the claim in reasonable detail before such date and identified as a claim for indemnification pursuant to this Section 6, (ii) as to any matter which is based successfully upon fraud with respect to which the cause of action shall expire only upon expiration of the applicable statute of limitations, and (iii) those representations and warranties set forth in Section 3.10 ( Taxes ), which shall survive until the expiration of the applicable statute of limitations.

assistant: Warranties
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 consummation of the Transactions (the “ Closing ”) is to take place remotely by means of facsimile, electronic mail or other electronic means simultaneous with the execution of this Agreement (the “ Closing Date ”), effective as of 11:59 p.m. (central time) on the Closing Date (the “ Effective Time ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the undersigned Grantors hereby represents and warrants that this Supplement has been duly authorized, executed and delivered by it and that this Supplement and the Security Agreement constitute its legal, valid and binding obligation, enforceable against it in accordance with its terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant shall give written notice of any failure by Landlord to perform any of its obligations under this Lease to Landlord and to any ground lessor, mortgagee or beneficiary under any deed of trust encumbering the Property whose name and address shall have been furnished to Tenant. Landlord shall not be in default under this Lease unless Landlord (or such ground lessor, mortgagee or beneficiary) shall fail to cure such non-performance within thirty (30) days after receipt of Tenant’s notice. However, if such non-performance shall reasonably require more than thirty (30) days to cure, Landlord shall not be in default if such cure shall be commenced within such thirty (30) day period and thereafter diligently pursued to completion. Tenant acknowledges that it has been advised, that as of the date hereof, the mortgagee is as referenced in Article One – Basic Terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that any of the other medical personnel were informed that the catheters used for the procedures were still experimental and not publicly available. Nor were any of the patients asked to sign consent forms or otherwise informed that they were participating in experimental use of a medical product. As Dr. Ross explained, “Because the Cannon Catheter had been approved by the FDA before I first used it, there were no special consent forms needed from the patients.” In other words, the Cannon Catheter was used precisely as any other medical device of its type would be used on patients in a hospital. The fact that this use occurred in an inherently non-public environment does not by itself render the use non-public under § 102(b). Cf. Egbert v. Lippmann, 104 U.S. 833, 26 L.Ed. 755 (1881) (<HOLDING>). Finally, I consider the evidence of Options: A. holding that public use of a beach was presumed to have originated by permission and to have continued as a license until some act of the public or public official asserted the use to be exercised as a matter of right rather than privilege B. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public C. holding that the public use exception was not applicable because the injury to the tenants employee occurred in an area of the leased premises that was not open to the public but was used only by employees D. holding that the use of a corset spring device was public although the use was by its nature not visible to the general public E. holding that the first amendment does not protect the use of racial invective by a public official against a member of the public in a bar

assistant: The best answer is D. holding that the use of a corset spring device was public although the use was by its nature not visible to the general public
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: gifting codes can only be used once in the country for which they were purchased and can not be redeemed for cash , resold or combined with any other offers , including free trial .

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: attention deficit disorder. I see these patients for their regular medical problems and provide their primary medical care. [Emphasis added.] Dr. Rushing’s report and curriculum vitae show that he was (a) actively and currently practicing medicine at the time it was written, (b) has actually treated and was currently treating patients being prescribed Adderall specifically for ADD, and (c) is board certified in internal medicine. Thus, he meets the requirements set forth in section 74.401(a) and (c) for being qualified to render an opinion as to the standard of care applicable to the treatment of a person diagnosed with ADD and being prescribed Adderall. See Tex. Civ. Prac. & Rem.Code Ann. § 74.401(a), (c); Terry A. Leonard, P.A., 293 S.W.3d at 677; cf. Barber, 303 S.W.3d at 795-96 (<HOLDING>). Appellants contend that because Dr. Rushing Options: A. holding that a written report drafted by a person who is not properly qualified as an expert may not be considered as summary judgment evidence B. holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation C. holding that standard of care need not be listed separately in report when same standard applies to each health care provider D. holding that anesthesiologist who had participated in numerous similar surgeries and had observed proper padding and positioning technique as part of surgical team was qualified to provide expert report as to standard of care applicable to general surgeon E. holding anesthesiologist qualified to opine on conduct of surgeon in health care liability claim because anesthesiologists report tied his education training and experience to the specific alleged breach the positioning and padding of a patient during surgery not the conduct of the actual operating techniques

assistant: The best answer is D. holding that anesthesiologist who had participated in numerous similar surgeries and had observed proper padding and positioning technique as part of surgical team was qualified to provide expert report as to standard of care applicable to general surgeon
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: (a) This Agreement and the other Loan Documents represent the entire agreement of the Grantors, the Agent and the other Secured Parties with respect to the subject matter hereof and thereof, and supersede any and all previous agreements and understandings, oral or written, relating to the subject matter hereof and thereof. There are no promises, undertakings, representations or warranties by the Agent or any other Secured Party relative to the subject matter hereof and thereof not expressly set forth or referred to herein or therein. In the case of any Collateral “located” outside the United States (including any Equity Interests of an Issuer organized under a jurisdiction other than the United States of any state or other locality thereof), in the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any applicable Foreign Collateral Document which cannot be resolved by both provisions being complied with, the provisions contained in such Foreign Collateral Document shall govern to the extent of such conflict with respect to such Collateral. In the event that any of the Collateral hereunder is also subject to a valid and enforceable Lien under the terms of a Mortgage securing the Secured Obligations and the terms thereof are inconsistent with the terms of this Agreement, then with respect to such Collateral, the terms of such Mortgage shall control in the case of fixtures and real property leases, letting and licenses of, and contracts and agreements relating to the lease of, real property, and the terms of this Agreement shall control in the case of all other Collateral.

assistant: Integration
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 set forth on Schedule 4 , the Corporation hereby makes the representations and warranties contained in this Section 4 to the Investors. The information contained on Schedule 4 shall be deemed to be representations and warranties of the Corporation and shall make explicit reference to the particular representation or warranty (by reference to a subsection hereof) as to which exception is taken, provided that the information on Schedule 4 shall qualify as disclosure with respect to other representations or warranties for which the appropriateness of such disclosure is reasonably apparent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: supervision of that staff member. 2. Smudging ceremony Hyde argues that even if the prohibition of smudging advances a compelling state interest, a complete ban on the practice is not the least restrictive means of advancing that interest. In a 1998 grievance, Hyde explained that smudging “is the act of praying. I can not pray without smudging. Many people pray differently....” Inmate Charles Doan, an adherent to Native American religion, testified at the hearing on Hyde’s habeas corpus petition that ninety-eight percent of the time prayer is effectuated by smudging and that group prayer is a general mandate of Native American religion. In other words, prayers without smudging are “technically possible but effectively miserable.” See Whitney v. Brown, 882 F.2d 1068, 1074 (6th Cir.1989) (<HOLDING>). In Sample, a federal district court observed Options: A. holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content B. holding ban violated the sherman act C. holding unconstitutional a ban on the passover seder celebration because an individuals solo seder is a very miserable seder D. holding that an ordinance exempting certain signs from a general sign ban was an unconstitutional contentbased restriction on speech E. holding that the ban on judicial review of actions committed to agency discretion by law is jurisdictional

assistant: The best answer is C. holding unconstitutional a ban on the passover seder celebration because an individuals solo seder is a very miserable seder
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties made by Purchaser in this Agreement or in any other Transaction Document shall be true and correct in all material respects (without giving effect to any materiality or similar qualification contained therein), in each case as of the date hereof and as of the Closing Date, with the same force and effect as though all such representations and warranties had been made as of the Closing Date (other than representations and warranties that by their terms address matters only as of another specified date, which shall be so true and correct only as of such other specified date).

assistant: Warranties
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: Plaintiffs maintain that Sehultheis intentionally directed tortious actions towards an Oklahoma resident. Plaintiffs additionally assert that Sehultheis hired an Oklahoma attorney to represent him from 1997 until 2001, which establishes additional contact with Oklahoma. Plaintiffs maintain that Sehultheis has sufficient contacts with Oklahoma to satisfy the first prong of the minimum contact analysis for specific personal jurisdiction. Defendant maintains that Sehultheis did not call Clark but acknowledge that for the purpose of determining personal jurisdiction the Court may consider the Plaintiffs representation that the call was made. However, Defendants maintain that the telephone call is insufficient. See also Far West Capital Inc. v. Towne, 46 F.3d 1071, 1076-77 (10th Cir.1995) (<HOLDING>); Misco-United Supply Inc. v. Richards of Options: A. holding one phone call by itself insufficient to find minimum contacts B. holding that personal jurisdiction is proper if party has sufficient minimum contacts C. holding that a contract governing a onetime sale and purchase of a product negotiated by fax and phone is insufficient to establish minimum contacts where delivery actually occurred in another state D. holding defendants phone calls and ten to twenty faxes and letters insufficient contacts for minimum contacts E. holding minimum contacts were necessary for personal jurisdiction over defendant

assistant: The best answer is D. holding defendants phone calls and ten to twenty faxes and letters insufficient contacts for minimum contacts
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: CURIAM. We affirm Michael H. Miller’s conviction of sexual battery on a child under the age of twelve. We also affirm the trial court’s order declaring Miller to be a sexual predator. See Milks v. State, 848 So.2d 1167 (Fla. 2d DCA 2003), review granted, No. 03-1321, 859 So.2d 514, 2003 WL 22884299 (Nov. 19, 2003); see also Reyes v. State, 854 So.2d 816 (Fla. 4th DCA 2003). In doing so, we certify conflict with Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003) (<HOLDING>). AFFIRMED. SAWAYA, C.J., PLEUS and ORFINGER, Options: A. holding florida sexual predators act section 77521 florida statutes 2000 to be unconstitutional as violating procedural due process B. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida C. holding defendant had requisite contacts under section 481932 florida statutes where it solicited consulting and other services from a florida corporation in which a substantial amount of the services sought by defendant were performed in florida D. holding new york could lawfully modify a florida custody decree because florida court had right under florida law to change the decree E. recognizing that publication in the laws of florida or the florida statutes gives all citizens constructive notice of the consequences of their actions

assistant: The best answer is A. holding florida sexual predators act section 77521 florida statutes 2000 to be unconstitutional as violating procedural due process
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: remedies must be exhausted.” Id at 810, 554 P.2d at 1307. This Court, in Carter v. State, Dept, of Health & Welfare, 103 Idaho 701, 652 P.2d 649 (1982), reaffirmed this holding by stating: In V-1 Oil Company v. County of Bannock, we held that the proper method of contesting an agency or judicial decision is by appeal, and that an order or judgment may not later be collaterally attacked by means of a declaratory judgment action. The appellants’ collateral attack upon their orders of commitment by means of a declaratory judgment action is thus clearly impermissible. Id at 702, 652 P.2d at 650 (citation omitted); see also Conley v. Looney, 117 Idaho 627, 630, 790 P.2d 920, 923 (Ct.App.1990) (citing Bills v. State Dept, of Revenue and Taxation, 110 Idaho 113, 714 P.2d 82 (Ct.App. 1986)) (<HOLDING>). Count I of Ag Air’s amended complaint seeks Options: A. holding that appellant hjaving failed to exercise administrative appeal cannot now collaterally attack the tax deficiency determination in an independent action B. holding that a party could not collaterally attack a default judgment obtained against him in a foreclosure action C. holding that a defendant cannot collaterally attack his sentence under 18 usc 3582c2 D. holding that where notice of deficiency fails adequately to describe the basis on which the commissioner relies for his deficiency determination burden shifts to the commissioner to prove the accuracy of the deficiency determination E. holding that a second deficiency notice issued for a taxable year was valid where it determined a deficiency in a different type of tax than did the earlier deficiency notice

assistant: The best answer is A. holding that appellant hjaving failed to exercise administrative appeal cannot now collaterally attack the tax deficiency determination in an independent action