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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Inc., 347 N.C. 329, 493 S.E.2d 420 (1997)). “The narrow exceptions to [the employment-at-will doctrine] have been grounded in considerations of public policy designed either to prohibit status-based discrimination or to insure the integrity of the judicial process or the enforcement of the law.” Kurtzman, 347 N.C. at 333-34, 493 S.E.2d at 423. To state a claim for wrongful discharge in violation of public policy, an employee has the burden of pleading that his “dismissal occurred for a reason that violates public policy.” Considine, 145 N.C. App. at 317, 551 S.E.2d at 181; see also Kurtzman, 347 N.C. at 331, 493 S.E.2d at 422; Salter v. E & J Healthcare, Inc., 155 N.C. App. 685, 693, 575 S.E.2d 46, 51 (2003). “Public policy has been defined as the principle of law which holds 7 (<HOLDING>), (2) for engaging in a legally protected Options: A. holding that employee stated claim by alleging he was wrongfully discharged for refusing to commit criminal act for which he would be held personally liable B. holding that the plaintiffs complaint stated an enforceable claim for wrongful discharge where the employee was wrongfully discharged in retaliation for refusing to testify falsely in a medical malpractice case C. holding the complaint stated a claim for wrongful discharge in violation of public policy where the employee was discharged for refusing to comply with his employers demand that he continue to operate a commercial vehicle for periods of time that violated federal regulations D. holding that accountant terminated for refusing to violate professional codes stated cognizable claim for wrongful discharge E. holding that an employee was wrongfully discharged for refusing to submit to a polygraph test

assistant: The best answer is B. holding that the plaintiffs complaint stated an enforceable claim for wrongful discharge where the employee was wrongfully discharged in retaliation for refusing to testify falsely in a medical malpractice case
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: ” (Maj. Op. at 640 (quoting Ariz. State Legislature, 135 S.Ct. at 2658).) Ber cause I find that this standard of intent sweeps- more broadly than required by the Equal Protection. Clause, I am unable to agree with the intent prong of the majority’s three-prong test. Rather, I would require Plaintiffs to prove that‘this intent predominated over other considerations in the redistricting process. Although “ [legislation is frequently multipurposed,” Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265 n.11, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977), the Supreme Court has expressly held that courts are equipped, in the particular context of redistricting legislation, to discern whether one consideration predominated over others, see Miller, 515 U.S. at 915-16, 115 S.Ct. 2475 (<HOLDING>). I see no reason to believe that courts are Options: A. holding in the context of racial gerrymandering cases that plaintiffs must prove that race was the predominant factor motivating the legislatures decision to place a significant number of voters within or without a particular district B. holding that the race of the prosecutor is irrelevant C. holding that universities can consider race or ethnicity more flexibly as a plus factor in the context of individualized consideration of each and every applicant and that a diverse student body is a sufficiently compelling interest to justify such use of race D. holding that custody decision based on race is not justified E. holding that such a decision was within the trial courts discretion

assistant: The best answer is A. holding in the context of racial gerrymandering cases that plaintiffs must prove that race was the predominant factor motivating the legislatures decision to place a significant number of voters within or without a particular district
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by the parties hereto in one or more counterparts, and each fully executed counterpart shall be deemed an original. Any facsimile and/or electronic copy of an executed signature page hereto shall be deemed an original signature page hereto for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no Affiliates of Borrower except as set forth herein and on the Disclosure Schedule. Borrower is not a party to any partnership or joint venture except as set forth on the Disclosure Schedule.

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 case excerpt and choose the best holding from the options. Case excerpt: evidence.”); Ward, 304 Ga. App. at 522 (1) (a) (same). 19 Harp, 302 Ga. App. at 18 (punctuation omitted); see Green v. State, 265 Ga. App. 126, 128-29 (2) (592 SE2d 901) (2004) (“If two victims are robbed, the defendant maybe charged with the robbery of each victim.”). 20 Ham, 303 Ga. App. at 237 (1) (b) (punctuation omitted); accord Veasey v. State, 322 Ga. App. 591, 594 (1) (b) (745 SE2d 802) (2013); Green v. State, 292 Ga. 451, 452 (738 SE2d 582) (2013) (“The purpose of an indictment is to inform the accused of the charges against him and to protect the accused against another prosecution for the same offense.”). 21 Ham, 303 Ga. App. at 237 (1) (b) (punctuation omitted); accord Veasey, 322 Ga. App. at 594 (1) (b); see Haley v. State, 289 Ga. 515, 529 (3) (a) (712 SE2d 838) (2011) (<HOLDING>). 22 See Nyane v. State, 306 Ga. App. 591, 592 Options: A. holding that reading the indictment as a whole we have no doubt that the defendant was fully aware of the charges against him B. holding that although the indictment did not track the exact language of the statute the indictment when read as a whole sufficiently stated facts which support every element of the crime charged and apprised defendant of the specific charge against him C. holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea D. holding that indictment sufficiently informed defendant of the charge against him so as to enable him to prepare a defense and thus there is no claim that he was surprised at trial E. holding that a defendant cannot claim that the amendment surprised him when the motion to amend was filed well in advance of trial

assistant: The best answer is D. holding that indictment sufficiently informed defendant of the charge against him so as to enable him to prepare a defense and thus there is no claim that he was surprised at trial
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 one or more of the terms, provisions, covenants or restrictions contained in this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the Parties will agree upon a valid, legal and enforceable provision which shall be a reasonable substitute for such invalid and unenforceable provision in light of the tenor of this Agreement, and, upon so agreeing, shall incorporate such substitute provision in 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: transmission from Mr. Smith’s office. Rule 5(c)(2) clearly requires evidence that the transmission was received; hence, evidence merely showing the date and time the papers were transmitted is insufficient under the rule. In Bhatti v. McCabe, 326 Ark. 176, 928 S.W.2d 340 (1996) (per curiam), this court held that the date and time on a motion for reconsideration shown by the chancery clerk’s facsimile machine could be used in determining whether the record was tendered in a timely manner. There, unlike here, the facsimile copy received by the chancery clerk had the date and time received printed upon it by the clerk’s facsimile machine, not merely the date and time when the transmission was sent. See also Tracor/MBA v. Artissue Flowers, 41 Ark. App. 186, 190, 850 S.W.2d 30, 33 (1993) (<HOLDING>) As there is no evidence that the facsimile Options: A. holding that to be timely the notice of a charging lien must be filed before the lawsuit has been reduced to judgment B. holding that transmitting legal documents by facsimile machine does not reheve the attorney of his duty to ensure that documents which must be timely filed have been timely received C. holding that a summons must have sufficient postage affixed to be timely filed D. recognizing that an appeal filed within 30 days of the entry of an order awarding attorney fees was timely filed as to the issue of attorney fees E. holding that pursuant to the best evidence rule trial testimony relying on documents was inadmissible without submission of such documents or an explanation as to why the documents were unavailable

assistant: The best answer is B. holding that transmitting legal documents by facsimile machine does not reheve the attorney of his duty to ensure that documents which must be timely filed have been timely received
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 Party may assign this Agreement, in any manner including by operation of law, without the consent of the other Party, except as otherwise provided in this Section 11.3. Either Party may assign this Agreement in whole or in part to any Affiliate without the consent of the other Party. Either Party may also assign this Agreement, without the consent of the other Party, to any successor or Third Party that acquires all or substantially all of the business or assets of the assigning Party to which this Agreement relates, whether by sale, transfer, merger, reorganization, operation of law or otherwise, and Novartis may assign this Agreement to any Third Party in connection with any divestiture undertaken to satisfy an applicable governmental authority or agency; provided , that in each case such assigning Party provides the other Party with written notice of such assignment and the assignee agrees in writing to assume performance of all assigned obligations. The terms of this Agreement shall be binding upon and shall inure to the benefit of the successors, heirs, administrators and permitted assigns of the Parties. Any purported assignment in violation of this Section 11.3 shall be null and void.

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: Borrowers (a) will deliver to Agent each of the financial statements, reports, and other items set forth on Schedule 5.1 no later than the times specified therein, (b) agree that no Subsidiary of a Loan Party will have a fiscal year different from that of Administrative Borrower, (c) agree to maintain a system of accounting that enables Borrowers to produce financial statements in accordance with GAAP, and (d) agree that they will, and will cause each other Loan Party to, (i) keep books and records that are materially correct and sufficient to allow Borrower to prepare such other reports with respect to its assets and business activities as are required by this Agreement. Documents required to be delivered pursuant to Schedule 5.1 (to the extent any such documents are included in materials otherwise filed with the SEC) shall be deemed to have been delivered on the date on which such documents are posted on Borrowers’ behalf on the website of the SEC (including, for the avoidance of doubt, periodic financial statements filed on Form 10-K or Form 10-Q, as applicable).

assistant: Financial Statements
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 the Executive’s employment is terminated by reason of the Executive’s death during the Employment Period, the Company shall pay or provide the Executive’s estate or beneficiaries with the Obligations and shall provide the Welfare Benefits to the Executive’s spouse and eligible dependents, if any, in accordance with the provisions of Paragraph 5(b)(ii) above, for the greater of the length of time defined in the applicable benefit plan or policy in effect at the time of the Executive’s death or a 12 month period commencing as of the Date of Termination. In addition, all of the Executive’s outstanding Retention Incentive Awards shall be treated as described in Paragraph 5(b)(iii) above in respect of a 12 month period following the Date of Termination for purposes of this subparagraph (c). The Obligations shall be paid to the Executive’s estate or beneficiary, as applicable, in the manner and at the time or times provided in Paragraph 5(a) above.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By accepting this Award of Restricted Stock Units pursuant to this Agreement, Grantee represents that he or she has reviewed with his or her own tax advisors the federal, state, local and foreign tax consequences of the transactions contemplated by this Agreement and that he or she is relying solely on such advisors and not on any statements or representations of the Company or any of its agents. Grantee understands and agrees that he or she (and not the Company) shall be responsible for any tax liability that may arise as a result of the transactions contemplated by this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for virtual items , your order will represent an offer to us to obtain a limited license for the relevant service ( s ) or virtual in-game item ( s ) which will be accepted by us when we make the virtual items available in your account for you to use in our games or debit the account through which you paid , whichever comes first .

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: consented to, or participated in the settlement of the underlying action. See id. The court concluded that Young had met the favorable termination requirement because he had not consented to the settlement that led to dismissal with prejudice of the underlying action against him. See id. Deer Creek urges this court not to follow Oklahoma but instead to apply California’s approach on this issue. Under California law, if an underlying action is dismissed against a nonconsenting defendant because it was a necessary condition of settlement with the other defendants in the underlying litigation, the dismissal with prejudice does not reflect on the substantive merits of the case and is therefore not a favorable termination for malicious prosecution purposes. See Haight, 244 Cal.Rptr. at 490 (<HOLDING>). The California courts have reasoned that the Options: A. holding that plaintiffs dismissal of personal injury action and subsequent dismissal of declaratory judgment action concerning extent of tortfeasors insurance coverage did not trigger double dismissal rule B. holding that a dismissal of a defendant who did not agree to settlement is not a favorable termination if dismissal of that defendant was a condition of settlement C. holding that a dismissal in the interest of justice can be a favorable termination under certain circumstances D. holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered E. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt

assistant: The best answer is B. holding that a dismissal of a defendant who did not agree to settlement is not a favorable termination if dismissal of that defendant was a condition of settlement
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: behavior “may have been inappropriate, [the Tenth Circuit has] followed other courts in holding that ‘unsubstantiated oral reprimands’ and ‘unnecessary derogatory comments’ are not in themselves ‘materially adverse employment aetion[s].’ ” Id. at 1214 (quoting Sanchez v. Denver Pub. Schs., 164 F.3d at 533). The Wells v. Colorado Dep’t of Transportation court also held that the decision to reassign a plaintiff to a larger, more sophisticated engineering project did not constitute an adverse employment action because ormance are not considered adverse material actions when the plaintiff does not “suffer any tangible consequence from th[e] memo, in the form of a loss of pay or benefits or further discipline.” Davis v. Town of Lake Park, Fla., 245 F.3d 1232, 1240 (11th Cir.2001)(<HOLDING>). But see Roberts v. Roadway Express, 149 F.3d Options: A. holding that internal policy memorandum not generally distributed to employees did not create an implied condition to an employees contract even though that employee had requested an obtained a copy B. holding that a negative criticism or performance evaluation unaccompanied by a materially adverse change in the terms or conditions of employment does not constitute adverse employment action C. holding that an employers requirement that an employee comply with a performance improvement plan or face disciplinary action did not constitute adverse employment action D. holding that because plaintiff chose to leave her employer she did not suffer any tangible employment action E. holding that a counseling memorandum as compared with the formal disciplinary procedure that expressed concern and criticism of the employees performance was not an adverse employment action because the employee did not suffer any tangible consequence from the memorandum

assistant: The best answer is E. holding that a counseling memorandum as compared with the formal disciplinary procedure that expressed concern and criticism of the employees performance was not an adverse employment action because the employee did not suffer any tangible consequence from the memorandum
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement will be governed by the laws of the State of Florida without regard to conflict of laws principles thereof. Each of the parties hereto irrevocably consents to the exclusive jurisdiction of any state or federal court located within Florida in connection with any matter based upon or arising out of this Agreement or the matters contemplated herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: approved, including the gastric conditions commonly suffered by rheumatology patients. Relator further alleges that Takeda sales representatives were instructed to promote Kapi-dex to rheumatologists without disclosing that the drug is not approved for the gastric condition often experienced by rheu-matology patients. These allegations concerning the promotion of Kapidex to rheumatologists fall far short of the pleading standards set forth in Rule 9(b) and in Iqbal. Fatal to the claim, Relator does not allege in the amended complaint that the targeted rheu-matologists wrote any off-label prescriptions that were submitted to the government for payment, a critical omission in a case brought under the Act. See United States ex rel. Rost v. Pfizer, Inc., 507 F.3d 720, 733 (1st Cir.2007) (<HOLDING>), overruled on other grounds by Allison Engine Options: A. holding that since defendant failed to timely remove the original complaint which was removable based on federal question jurisdiction defendant thereby waived its right to file a subsequent removal even though the complaint was amended to add a new federal claim where the amendment to the complaint did not change the nature of the action so as to constitute a substantially new suit since the new allegations and claims were not substantially different from those in the original complaint B. holding that the complaint did not satisfy the notice pleading requirements of federal rule of civil procedure 8a because the complaint gave the defendants no notice of the specific factual allegations presented for the first time in the plaintiffs opposition to summary judgment C. holding that a complaint that fails to meet the pleading requirements does not invoke the statutory waiver of sovereign immunity D. holding that group pleading did not render complaint infirm where complaint provided fair notice of claims E. holding that a complaint does not meet the requirements of rule 9 when the complaint did not give notice to the defendant of false claims submitted by others for federal reimbursement of offlabel uses only of illegal practices in promotion of the drug

assistant: The best answer is E. holding that a complaint does not meet the requirements of rule 9 when the complaint did not give notice to the defendant of false claims submitted by others for federal reimbursement of offlabel uses only of illegal practices in promotion of the drug
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Under the circumstances, the Court finds, as a matter of law, that this is the kind of information that one would rely upon when acting reasonably. Furthermore, just because this Court may have conducted the investigation differently does not mean the Administrator abused his discretion. Simply put, although Plaintiff alleges a conflict of interest and an inadequate investigation, he offers insufficient evidence to support his contentions and avoid summary judgment. Indeed, to the contrary, the evidence overwhelmingly reveals that the Administrator acted properly and did not abuse his discretion. Thus, in light of the stringent legal standard that Plaintiff must overcome to overturn the Administrator’s decision, Plaintiffs claims must fail here. See Southern Farm, 993 F.2d at 103-04 (<HOLDING>); Pierre, 932 F.2d at 1563. (holding that a Options: A. holding that claims were preempted where the factual basis of the complaint was the denial of reimbursement of plan benefits B. recognizing that plan participants should be able to access information about the plan administrators fiduciary duties from the plan administrators counsel C. holding that a plan administrators denial of benefits based on the factual determination about a plan participants cause of death was supported by autopsy report and three medical records and therefore it was a reasonable decision D. holding that a subclass of plan participants could sue where the remedy sought by plaintiffs would benefit the plan as a whole and cure any harm that the plan suffered E. holding that in a recovery of benefits claim only the plan and the administrators and trustees of the plan in their capacity as such may be held liable

assistant: The best answer is C. holding that a plan administrators denial of benefits based on the factual determination about a plan participants cause of death was supported by autopsy report and three medical records and therefore it was a reasonable decision
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: 5.1 youtube hereby grants you permission to access and use the service , subject to the following express conditions , and you agree that your failure to adhere to any of these conditions shall constitute a breach of these terms on your part :

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: (stating that "appellate courts must apply a 'clearly erroneous’ standard of appellate review to a trial court’s ruling on a Batson claim" because "the trial court is in the best position to determine whether a prosecutor’s facially race-neutral explanation for a peremptory strike is genuinely race-neutral"); Jasper v. State, 61 S.W.3d 413, 421-22 (Tex.Crim.App.2001) (stating that the trial judge is in a unique position to determine whether a prosecutor exercised a peremptory challenge for race-neutral reasons, therefore the trial judge's decision is accorded great deference and will not be overturned unless it is clearly erroneous). 32 . We note that neither the defense nor the State requested findings of fact. See, e.g., State v. Cullen, 195 S.W.3d 696, 699 (Tex.Crim.App.2006) (<HOLDING>). 33 . What the prosecutor could have Options: A. holding that on review of a motion to suppress the appellate court is to give deference to a trial courts factual findings but legal conclusions are reviewed de novo B. holding that it is clear that hearsay evidence is admissible in a hearing on a motion to suppress C. holding remand proper on circuit courts own motion in a workers compensation case where the commission failed to make essential findings of fact because to hold otherwise would in such cases make the determination of the rights of the parties turn upon the neglect of the commission to make essential findings of fact or require the appellate court to make the omitted findings of fact which our statute forbids D. holding that when a court has given a party a full and fair opportunity to litigate a motion to suppress and then has decided the motion on the merits the party may be estopped from bringing the same motion in subsequent litigation E. holding that upon the request of the losing party on a motion to suppress evidence the trial court shall state its essential findings

assistant: The best answer is E. holding that upon the request of the losing party on a motion to suppress evidence the trial court shall state its essential findings
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: asked for a copy of his license. We only consider Fox’s version of the driver’s license events and do not consider this version because we are reviewing a grant of summary judgment. 2 . Fox primarily asserts that the defendants violated his property right to his driver's license. Fox does not make any argument from a liberty interest in the right to drive. Fox does argue that the defendants’ refusal to return his license violated a liberty interest by making it more difficult for him to find work because he lacked his driver’s license to show as identification. We do not feel that analysis of this interest is materially different from an analysis of Fox's property right in his driver’s license. 3 . Of course, the Fourth Amendment does not apply directly to the actions th Cir.1994) (<HOLDING>). Neither unpublished opinion from our circuit Options: A. holding that privileges licenses certificates and franchises qualify as property interests for purposes of procedural due process but that due process only becomes relevant where such property is deprived B. holding that a state defendant has a sixth amendment right guaranteed by the fourteenth amendments due process clause to compulsory process for obtaining witnesses in his favor C. holding that district court erred in dismissing as frivolous a complaint alleging violations of due process including an illegal seizure and retention of his property under the fourth and fourteenth amendments and a procedural due process violation and that defendant officers refused to return his property without reason or explanation D. holding that for federal court to grant full faith and credit to state court judgment state proceedings must satisfy the minimum procedural requirements of the fourteenth amendments due process clause E. holding municipalities are not persons within the meaning of the due process clause of the fifth or fourteenth amendments

assistant: The best answer is C. holding that district court erred in dismissing as frivolous a complaint alleging violations of due process including an illegal seizure and retention of his property under the fourth and fourteenth amendments and a procedural due process violation and that defendant officers refused to return his property without reason or explanation
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: Pay and discharge all Taxes upon the Loan Parties and Subsidiaries, their income and property, prior to the date on which penalties are attached thereto; provided, however, that the Loan Parties and Subsidiaries may in good faith contest any such Taxes so long as (a) such contest is diligently pursued, (b) such Loan Party or Subsidiary has set aside on its books adequate reserves with respect thereto in accordance with GAAP, and (c) no Lien (other than Permitted Liens) or execution exists or is levied against any of the Loan Parties’ or Subsidiaries’ assets related to the contested items.

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: indicated that he was pressured into pleading guilty. Movant stated to the plea court that he had spoken with his counsel enough to know whether he wanted to plead guilty, his decision to plead guilty was of his own free will, and nobody threatened him to do so. After he was sentenced, Movant was again given the opportunity to indicate whether his pleas of guilty were coerced. Instead, he specifically stated that his pleas were not a result of threats or promises. He further stated that his lawyer answered all his questions, he was afforded enough time to discuss his charges with his lawyer, and aside from a delay in paperwork granting him access to the prison law library, his lawyer “fulfilled everything else” asked of him. See Nesbitt v. State, 335 S.W.3d 67, 69 (Mo.App.E.D.2011) (<HOLDING>). Because the record here clearly refutes Options: A. holding that the trial court abused its discretion in denying a motion to substitute counsel on the strength of gonzalezs sworn responses at the pleataking that no one was threatening him or forcing him to plead where the defendant alleged that his attorney forced him to plead guilty and threatened him if he did not take the plea B. holding that appellant was entitled to evidentiary hearing based on allegation his trial counsel told him he would most likely face a life sentence if he went to trial when the maximum sentence for the charge he plead guilty to was eleven years C. holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty D. holding that where interest was supposed to have run from the date of judgment but movant never asked for it and had accepted full payment of the judgment without it movant had forever waived his right to receive it E. holding that the movant failed to establish that plea counsel coerced him to plead guilty to avoid taking the case to trial

assistant: The best answer is C. holding no coercion where counsel told movant his conviction was likely because movant stated he understood full range of punishment and no one threatened him to plead guilty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with a payment to you under this award, Kroger will withhold or cause to be withheld from that payment the amount of tax required by law to be withheld with respect to the payment. For Shares to be issued under this award, Kroger will withhold sufficient Shares with a market value equal to the tax required by law to be withheld with respect to the award unless you have notified us in writing in advance of the issuance of the Shares of your desire to pay the taxes and have made the funds available to us or our designated agent.

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: due to fraud or undue influence, cause of action for rescission may be brought by personal representative of decedent’s estate). Similarly, when a change of beneficiary form for an annuity is procured through the exercise of undue influence, and there is no other valid beneficiary, the court awards the proceeds to the estate of the decedent. Allstate Life Ins. Co. v. Estate of Reed, 619 F.Supp.2d 262, 273 (S.D.Miss.2007). The all-encompassing nature of the interest of an estate in curing a wrong committed against the testator is illustrated by a decision from this Court, which held that an estate “benefits” from “an action to recover that property ... as a means of carrying out the [decedent’s] testamentary intent.” See Henry v. Sheffield, 856 F.Supp.2d 345, 350-51 (D.R.I.2012) (<HOLDING>). Under Rhode Island decisions, when a Options: A. holding that shareholders lack standing to sue as thirdparty beneficiaries to allegedly breached contract unless the contract indicates the intent to benefit them directly independently of their shareholder status B. holding that a claimed expense must directly and substantially benefit the bankruptcy estate C. holding that it is improper for a trustee to liquidate claims that benefit only select creditors with the only benefit to the estate being the recoupment of administrative costs D. holding that claim that trust should have been distributed directly to plaintiffs was for the benefit of the estate because it allegedly was to implement testators intent E. holding that a charitable gift which could not be distributed because of the legatees unwillingness to carry out the testators charitable intent could inspire an application of the doctrine of cy pres so that the court could order the bequest paid to a different institution and thus effectuate the testators charitable intent

assistant: The best answer is D. holding that claim that trust should have been distributed directly to plaintiffs was for the benefit of the estate because it allegedly was to implement testators intent
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: FCC may not assign or delegate its rights or obligations pursuant to this Agreement. Subject to the foregoing, this Agreement shall be binding upon each of the parties upon their execution, and inure to the benefit of the parties hereto and their successors and assigns. Any assignee whatsoever will be bound by the obligations of the assigning party under this Agreement, and any assignment shall not diminish the liability or obligation of the assignor under the terms of this Agreement unless otherwise agreed.

assistant: Successors
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: any payment made prior to an order being cancelled by deliveroo or a partner restaurant will usually be reimbursed using the same method you used to pay for your order .

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 Parties recognize that they may benefit from the coordination of certain activities in support of the Commercialization of the Licensed Products in the ZAI Territory. As such, the Parties will coordinate such activities where appropriate and as such coordination may be mutually agreed by the Parties. ZAI shall update TESARO in writing on a quarterly basis, through the JSC, of the expected timing of the commercial launch and First Commercial Sale of each Licensed Product in the ZAI Territory.

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: Each Party shall, and shall use Commercially Reasonably Efforts to ensure that its Affiliates and sublicensees shall, comply in all material respects with all Applicable Laws in exercising their rights and fulfilling their obligations under this Agreement. If the exercise by Licensee of any of its rights under the Agreement requires the making of filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, then each Party agrees to diligently make any such filings and respond to any request for information to expedite review of such transaction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, this Agreement may not be modified, amended, or supplemented, and no term or provision hereof or thereof waived, without the prior written consent of the Chaparral Parties and the Required Consenting Creditors.

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: 2.1. Either party agrees that it shall ensure that it and its associated companies and their respective officers and employees shall keep confidential, both during and after the duration of the agreement, all information which: And undertakes not to disclose any of such information to any third party without the prior written permission of the other party except as required by any applicable law or government regulation, and provided that each party may disclose the agreement on a confidential basis to its public accountants, attorneys and financial advisors and/or funders. Any Business Partner shall maintain the material as confidential and shall not publish, disclose or distribute all or any portion of it (or any copies of it) to any other person or permit any other person access to it, save for employees, consultants or agents of the Business Partner for purposes specifically related to Mandarin’s use of the material.

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: Upon the termination of Covenantor's employment with Buyer, Covenantor shall immediately surrender to Buyer all notes, data, sketches, drawings, manuals, documents, records, data bases, programs, blueprints, memoranda, specifications, customer lists, financial reports, equipment and all other physical forms of expression incorporating or containing any Confidential Information, it being distinctly understood that all such writings, physical forms of expression and other things are the exclusive property of Buyer.

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: For the term of your employment under this Agreement (the “ Employment Period ”), the Company agrees to employ you in the position of Senior Vice President, Technology. You will report to the Company’s Chief Executive Officer. You will perform the duties and have the responsibilities and authority customarily performed and held by an employee in your position or as otherwise may be assigned or delegated to you by the Chief Executive Officer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the United States, after a conviction for a felony that is a crime of violence.” Corresponding official comments further explain that a “crime of violence” includes the attempted “burglary of a dwelling.” USSG § 2L1.2 cmt. nn.1 (B)(iii) & 5 (2004). Ibarra-Hernandez contends, however, that the district court had the requisite discretion to depart downward from this 16-level adjustment because the Sentencing Commission’s 2001 amendments changed the nature of § 2L1.2(b)(1)(A)(ii). Specifically, Ibarra-Hernandez points to Application Note 5 of the former version of USSG § 2L1.2, which allowed a sentencing court the discretion to depart only in situations where the factors explicitly enumerated in Application Note 5 existed. See USSG § 2L1.2 cmt n.5 (2000); Taylor, 286 F.3d at 306-07 (<HOLDING>). Ibarra-Hernandez argues that, when the Options: A. holding that in order for insured to qualify for uim benefits there must have been a liability policy in effect um coverage does not satisfy this requirement B. holding that constitutional claim must be fairly presented to state court in order to satisfy exhaustion requirement C. holding that to grant a new trial the error must be more than harmless D. holding that a defendant must satisfy the enumerated criteria contained in application note 5 in order for the court to grant a downward departure E. holding that the employer must offer a medical leave of absence in order to satisfy the requirement of providing a reasonable accommodation

assistant: The best answer is D. holding that a defendant must satisfy the enumerated criteria contained in application note 5 in order for the court to grant a downward departure
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting the Company’s creditors’ rights and involving a claim under this Note, then the Company shall pay the reasonable costs and expenses incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees and disbursements.

assistant: Enforcements
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 choose to submit comments , ideas or feedback , you should submit the idea through our idea submission website at https://uaideas.force.com/ , and you agree that we are free to use the ideas you submit without any restriction or compensation to you .

assistant: None