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: The Company shall (a) by 9:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the filing of such press release, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to the Purchaser by the Company, 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 filing of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company or any of its respective officers, directors, agents, employees or Affiliates on the one hand, and the Purchaser or any of its Affiliates on the other hand, shall terminate. The Company and Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor the 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 the Purchaser, or without the prior consent of the 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 the Purchaser, or include the name of the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of the Purchaser, except: (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission 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 case excerpt and choose the best holding from the options. Case excerpt: 258 Or App at 649. The parties also agreed on the legal analysis for determining whether the requirements of the emergency aid doctrine had been satisfied. The dispute before the trial court at the suppression hearing was whether the state had met its burden of proving that those requirements had been satisfied. At the conclusion of the hearing, the trial court made findings, concluded that the emergency aid doctrine applied, and denied the motion to suppress. Pursuant to negotiations, defendant agreed to a stipulated facts trial on one count of first-degree animal neglect, with the understanding that he would be able to appeal the denial of his motion to suppress, and the state agreed to dismiss the remaining counts. See State v. Pierce, 263 Or App 515, 518-19, 333 P3d 1069 (2014) (<HOLDING>). On appeal, defendant argues that the trial Options: A. holding that reviewing court may consider trial evidence in reviewing denial of motion to suppress B. holding that an appeal from a denial of a motion to intervene as a matter of right is allowed under rule 2a2 C. holding that similar agreement allowed the defendant to appeal the denial of his motion to suppress D. holding that the state is not allowed to suppress evidence but it need not collect evidence for the defendant E. holding that an appellate court considers the entire record on appeal not just the evidence presented at the suppression hearing in affirming the denial of a motion to suppress

assistant: The best answer is C. holding that similar agreement allowed the defendant to appeal the denial of his motion to suppress
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 in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may also be executed via facsimile or e-mail, which shall be deemed an original.

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 case excerpt and choose the best holding from the options. Case excerpt: was accompanied by an actual record that corroborated the summary contained in the certifícate. Under these circumstances, Murphy’s rights secured by the Confrontation Clause of the Sixth Amendment were not violated. The entry is: Judgment affirmed. 1 . Title 29-A M.R.S. § 2412-A(1-A) (2008) has since been amended. P.L. 2009, ch. 297 § 1 (effective Sept. 12, 2009) (codified at 29-A M.R.S. § 2412-AO-A) (2009)). Title 29-A M.R.S. § 2412-A(1-A) states in relevant part: 1-A. Offense; penalty. A person commits operating while license suspended or revoked if that person: A. Operates a motor vehicle on a public way or in a parking area when that person's license has been suspended or revoked, and that person: (1) Has received written notice of a suspension or revocati P.3d 990, 996-97 (2007) (<HOLDING>). 11 . See United States v. Garcia, 452 F.3d Options: A. holding that the admission of a certified document stating that defendants license was suspended was nontestimonial B. holding that a certified abstract of a defendants driving record was nontestimonial C. holding that certified records of maintenance are nontestimonial and are not prepared for any particular defendant D. holding that a certified letter verifying that a defendant did not have a valid drivers license was nontestimonial and that washington courts have long recognized the inherent reliability and admissibility of driving records E. holding that driving records were nontestimonial

assistant: The best answer is D. holding that a certified letter verifying that a defendant did not have a valid drivers license was nontestimonial and that washington courts have long recognized the inherent reliability and admissibility of driving records
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court did not err in admitting it. In addition, even if the statements were inadmissible, GNS was not harmed by the admission because neither the trial court nor this court relied on them. We therefore affirm the summary judgment in favor of Fullmer. BENCH and GREENWOOD, JJ., concur. 1 . As stated in its brief, GNS raises this argument simply to preserve its rights in the event we determine that an affidavit regarding the availability of renter's insurance is necessary. 2 . It is not clear from the Sutton opinion what the terms of the rental agreement were; however, it is clear that the landlords did not obligate the tenant to furnish fire insurance, but rather purchased it themselves. Sutton, 532 P.2d at 482. 3 . But see Page v. Scott, 263 Ark. 684, 567 S.W.2d 101 (1978) (en banc) (<HOLDING>); Neubauer v. Hostetter, 485 N.W.2d 87 (Iowa Options: A. holding landlord may recover from tenant for fire damage caused by tenants negligence regardless of existence of insurance B. holding that a landlord may have a duty to exercise reasonable care for the safety of its tenants in common areas C. holding tenants leasing house by oral agreement were coinsureds both landlord and tenants had liability insurance D. holding other lease provisions evidenced intent to relieve tenant from fire damage liability E. holding that police officers warrantless search of rented home with consent of landlord but not tenant violated tenants fourth amendment rights

assistant: The best answer is A. holding landlord may recover from tenant for fire damage caused by tenants negligence regardless of existence of insurance
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: resolution of disputes,” Richards, 517 U.S. at 797, 116 S.Ct. 1761, those rules and their attendant applications by subsequent state or federal courts are subject to a constitutional backstop: the Due Process Clause. Due process protects those rights “so rooted in the traditions and conscience of our people as to be ranked as fundamental.” Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 78 L.Ed. 674 (1934). Accordingly, the Supreme Court has held that “extreme applications of the doctrine of res judicata may be inconsistent with a federal right that is ‘fundamental in character.’ ” Richards, 517 U.S. at 797,116 S.Ct. 1761 (quoting Postal Tel, 247 U.S. at 476, 38 S.Ct. 566); see also Kremer v. Chem. Constr. Corp., 456 U.S. 461, 481, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982) (<HOLDING>); Fayer-weather, 195 U.S. at 297-99, 25 S.Ct. Options: A. holding that a judgment of another states court is entitled to full faith and credit j when the judgment is considered final under the laws of the rendering state 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 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 D. holding that a federal court must enforce a state court judgment under the full faith and credit statute where diversity jurisdiction exists E. holding that constitutional error was waived even though petitioner repeatedly used the phrase full faith and credit because petitioner did not cite to the federal constitution or to any cases relying on the full faith and credit clause of the federal constitution

assistant: The best answer is C. 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
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 Borrower and its Subsidiaries have filed all United States federal tax returns, and all other tax returns, required to be filed and have paid all taxes, assessments and governmental charges or levies due pursuant to such returns or pursuant to any assessment received by the Borrower or any Subsidiary, except such taxes, if any, as are being contested in good faith and for which adequate reserves have been provided. No notices of tax liens have been filed and no claims are being asserted concerning any such taxes, assessments and governmental charges or levies, which liens or claims could reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect. The charges, accruals and reserves on the books of the Borrower and its Subsidiaries for any taxes or other governmental charges are adequate.

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 legal provision and list the applicable contract clause categories. Provision: The parties recognize and acknowledge that by entering into this Agreement, the Lender is not waiving any rights or remedies it may have under any of the Loan Documents, any defaults or Events of Default arising thereunder, or any judgments previously obtained by Lender in connection therewith. In addition, notwithstanding anything contained in this Agreement to the contrary, the Lender shall have the right, at any time, to: (i) accept payments (whether in full or partial payments) of the then outstanding Remaining Debt, or any portion of the Assigned Debt not assigned at any Purchase Tranche Closing, whether such payments are made by the Borrower, or any other Person (whether in connection with such other Person’s purchase of all or any portion of the then outstanding Remaining Debt, or any portion of the Assigned Debt not assigned at any Purchase Tranche Closing, or otherwise); or (ii) enter into agreements with Borrower or any other Person for payments to be made to Lender by Borrower or any other Person at such later dates and under such terms and conditions as Lender may elect in its sole and absolute discretion, and in any of such events, or for any other reason whatsoever, in Lender’s sole and absolute discretion, Lender shall have the absolute right to terminate this Agreement upon written notice to Assignee, without liability to Assignee or any other Person, with respect to any portion of the Assigned Debt not yet sold and assigned to Assignee as of such date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the information had been sought only for possible impeachment purposes. See id. at 630. The proper test to be applied by the trial court in such circumstances is whether the safety of the informant will be compromised by disclosure. See Garcia v. Florida, 379 So.2d 441, 443 (Fla. 3d DCA 1980). If so, then the court must weigh the interests of the state against the defendant’s right to develop his defense. See id. It is unclear whether the trial court in the instant case attempted to apply this balancing test in ruling on the motion to compel. We, therefore, quash the trial court’s discovery order and remand for further proceedings in accordance with this opinion. WOLF, KAHN and LAWRENCE, JJ., concur. 1 . See Brady v. Maryland, 373 U.S. 83, 86, 83 S.Ct. 1194, 1196, 10 L.Ed.2d 215 (1963) Options: A. holding that suppression by prosecutor of evidence favorable to an accused violates due process where evidence is material to either guilt or punishment B. holding that suppression by the prosecution of evidence favorable to an accused violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution C. holding that suppression of evidence favorable to an accused upon request violates due process when evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution D. holding that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution E. holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution

assistant: The best answer is A. holding that suppression by prosecutor of evidence favorable to an accused violates due process where evidence is material to either guilt or punishment
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: To the best knowledge of AGRO, it has complied with all laws, municipal bylaws, regulations, rules, orders, judgments, decrees and other requirements and policies imposed by any governmental authority applicable to it, its properties or the operation of its business, except where the failure to comply will not have a material adverse effect on the business, properties, financial condition or earnings of AGRO.

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 case excerpt and choose the best holding from the options. Case excerpt: 265 (Tex.1969). See also Angus Chemical Co. v. IMC Fertilizer, Inc., 939 S.W.2d 138 (Tex. 1997) (per curiam). In other words, State Farm’s duty is to pay its insured; third parties can recover proceeds under the policy only insofar as their rights derive from Fullerton’s right to recover proceeds. Thus, although Texas courts have not yet decided specifically whether tort plaintiffs who seek insurance funds are in privity with an insured who pleads guilty to murder, we hold that under Texas law the Buckners are in privity with Fullerton because of the derivative nature of their recovery under the policy. This result places Texas among the bulk of other jurisdictions that have considered the question. See, e.g., Aetna Cas. & Sur. Co. v. Jones, 220 Conn. 285, 596 A.2d 414, 421, 425 (1991) (<HOLDING>); Tradewind Ins. Co. v. Stout, 85 Hawai'i 177, Options: A. holding that an insurance company which chose not to defend its insured could not later deny coverage by asserting the legally obligated to pay provision in the policy after the insured reached a settlement where the injured party agreed to collect only against insurance proceeds B. holding that despite assurances from the insurance company that the insured could file the pol after femas deadline the insured could not collect because the insured was responsible for timely filing C. holding as unambiguous under iowa law the insurance policys exclusion of coverage to any obligation of the insured to indemnify another because of damages arising out of a bodily injury to any employee of the insured arising out of and in the course of his employment by the insured D. holding that when the victim of an insured defendant derives her rights to collect insurance proceeds directly from the rights of the insured defendant they are in privity by virtue of sharfing a legal interest E. holding that reinsurer could be directly liable to an insured where the reinsurance agent was the ultimate consistent reimburser of losses of the insured and this status was conveyed to the insured

assistant: The best answer is D. holding that when the victim of an insured defendant derives her rights to collect insurance proceeds directly from the rights of the insured defendant they are in privity by virtue of sharfing a legal interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or communication required or permitted by any provision of this Award Agreement to be given to you shall be in writing and shall be delivered electronically, personally or sent by certified mail, return receipt requested, addressed to you at the last address that the Company had for you in its records. Each party hereto may, from time to time, by notice to the other party hereto, specify a new address for delivery of notices relating to this Award Agreement. Any such notice shall be deemed to be given as of the date such notice is received electronically (with confirmation of receipt), personally delivered or properly mailed.

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 legal provision and list the applicable contract clause categories. Provision: Borrower will use the proceeds of the Loan only for the purposes detailed in Section 2.1, and will, at Lender’s reasonable request, furnish Lender such evidence as it may reasonably require with respect to such use.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: her liable for tortious interference. Therefore, Defendants’ motion to dismiss Counts III and V are granted. Under New York law, a claim for tortious interference requires “the existence of a valid contract between plaintiff and a third party, defendant’s knowledge of the contract, defendant’s intentional procurement of the third-party’s breach of the contract without justification, actual breach of the contract, and damages resulting therefrom.” Lama Holding Co. v. Smith Barney Inc. et. al., 88 N.Y.2d 413, 424, 646 N.Y.S.2d 76, 668 N.E.2d 1370 (1996). Where the defendants have an economic interest in the contract, however, alleging the above elements is insufficient. See White Plains Coat & Apron Co., Inc. v. Cintas Corp., 8 N.Y.3d 422, 426, 835 N.Y.S.2d 530, 867 N.E.2d 381 (2007) (<HOLDING>) (footnotes omitted). The plaintiff must also Options: A. holding that economic interest defense is available inter alia where defendants were significant stockholders in the breaching partys business where defendant and the breaching party had a parentsubsidiary relationship where defendant was the breaching partys creditor and where the defendant had a managerial contract with the breaching party at the time defendant induced the breach of contract with plaintiff B. holding in response to plaintiffs arguments that defendants had conspired with the alleged breaching party that the absence of a contractual relationship between the parties requires dismissal of the section 301 claim C. holding that jurys verdict for the defendant in a breach of contract action did not establish the absence of breach because the jury was instructed that it could find for the defendant if it concluded that the defendant had not breached the contract or if the defendant proved an affirmative defense D. holding merely that to the extent a breaching party claims that the appropriate measure of damages is the difference between the contract price and the market price it holds the burden of proving that there is in fact an available market for the goods in issue E. holding that the measure of damages for breaching a building construction contract is ordinarily such sum as is required to make the building conform to the contract

assistant: The best answer is A. holding that economic interest defense is available inter alia where defendants were significant stockholders in the breaching partys business where defendant and the breaching party had a parentsubsidiary relationship where defendant was the breaching partys creditor and where the defendant had a managerial contract with the breaching party at the time defendant induced the breach of contract with plaintiff
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower hereby represents that it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement, and Borrower hereby agrees to indemnify, defend and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind (including Lender’s attorneys’ fees and expenses) in any way relating to or arising from a claim by any Person that such Person acted on behalf of Borrower or Lender in connection with the origination of the Loan contemplated herein. The provisions of this Section 10.21 shall survive the expiration and termination of this Agreement and the payment of the Debt.

assistant: Brokers
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 Credit Party nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any of its Contractual Obligations, except in each case where the consequences, direct or indirect, of such default or defaults, if any, could not reasonably be expected to have a Material Adverse Effect.

assistant: No Defaults
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 shall be binding upon the Partnership, each Purchaser and their respective successors and permitted assigns. Except as expressly provided in this Agreement, this Agreement shall not be construed so as to confer any right or benefit upon any Person other than the Parties to this Agreement and as provided in Article VII , and their respective successors and permitted assigns. The Partnership may not assign all or any portion of its rights and obligations under this Agreement without the consent of Purchasers possessing the right to acquire not less than a majority of the Purchased Units.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement has been duly authorized by all necessary action on the part of Purchaser, and this Agreement is a valid and binding obligation of Purchaser, enforceable against it in accordance with its terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall pay Executive during year one of the Term an annual salary (the “ Base Salary ”) of Five Hundred Fifty Thousand Dollars ($550,000), payable in accordance with the Company’s normal business practices for senior executives (including tax withholding), but in no event less frequently than monthly. Upon the second anniversary of the Effective Date, Executive’s Base Salary shall be reviewed and thereafter at least annually by the Compensation Committee of the Board (the “ Compensation Committee ”) and may be adjusted in its discretion, provided that during the Term the Base Salary may not be decreased below Five Hundred Fifty Thousand Dollars ($550,000) without the consent of the Executive. After any such adjustment in Base Salary, the term “ Base Salary ” shall refer to the increased amount.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may withhold from any benefits or taxable compensation due under this Agreement such Federal, state, and local taxes as may be required or permitted to be withheld pursuant to any applicable law or regulation. The Company may determine that any compensation hereunder constitutes guaranteed payment under Section 707 of the Code.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Company agrees to employ Executive in the position of Chief Technology Officer. Executive will report to the Company’s Chief Executive Officer, or to such other person as the Company subsequently may determine (your “ Supervisor ”), and Executive will be working out of the Company’s office in New York City, New York. Executive will perform the duties and have the responsibilities and authority customarily performed and held by an employee in Executive’s position or as otherwise may be assigned or delegated to Executive by your Supervisor.

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 legal provision and list the applicable contract clause categories. Provision: The location where Seller keeps its books and records, other than those relating to Serviced Loans or the servicing of other Mortgage Loans, is its chief executive office. The location where Seller keeps its books, computer tapes and records relating to the Serviced Loans and the servicing of other Mortgage Loans is its servicing center, located at located at 4849 Greenville Ave., Suite 800, in Dallas, Texas.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and the Oregon Office of Administrative Hearings that was in force at the time of the parties’ due process hearing. Under that agreement, the hearing officer’s decision should have been issued within thirty days of the close of evidence. Given that evidence in this case closed on May 12, 2006, the hearing officer’s decision would ordinarily have been due on June 12, 2006. Parents point to several out-of-circuit cases to support their claim for “interim” relief. Although the stay-put provision does not directly authorize reimbursement for pre-decision expenses, courts may rely on the broad discretion contained in 20 U.S.C. § 1415(i)(2)(C) to require reimbursement if a hearing officer’s decision is inappropriately delayed. Cf. Sch. Comm. of Burlington, 471 U.S. at 369, 105 S.Ct. 1996 (<HOLDING>). For example, in Mackey ex rel. Thomas M. v. Options: A. holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator B. holding that district courts discretion is extremely broad C. recognizing the broad power of federal courts to fashion appropriate relief D. recognizing that the district court is afforded broad discretion in ruling on motions for relief from judgment E. holding that the idea grants district courts broad discretion to craft appropriate relief

assistant: The best answer is E. holding that the idea grants district courts broad discretion to craft appropriate relief
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 511 U.S. 222114 S.Ct. 1472128 L.Ed.2d 165 BOCA GRANDE CLUB, INC., Petitionerv.FLORIDA POWER & LIGHT COMPANY, INC. No. 93-180. Supreme Court of the United States Argued Jan. 11, 1994. Decided April 20, 1994. On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit. David F. Pope, Tampa, FL, for petitioner. Stuart C. Markman, Tampa, FL, for respondent. Ronald J. Mann, Washington, DC, for U.S. as amicus curiae, by special leave of the Court. Syllabus * Held: The judgment is vacated and the case remanded for further proceedings consistent with McDermott, Inc. v. AmClyde, --- U.S. ----, 114 S.Ct. 1461, --- L.Ed.2d ---- which adopts the proportionate share rule, under which actions for contribution against settling defendants are neither necessary nor permitted. P. 1472. 990 F.2d 606 (CA11 1993), vacated and remanded. STEVENS, J., delivered the opinion for a unanimous Court. Justice STEVENS delivered the opinion of the Court. 1 We granted certiorari, 509 U.S. ----, 114 S.Ct. 39, 125 L.Ed.2d 788 (1993), to consider the question whether, in an action against several alleged joint tortfeasors under general maritime law, the plaintiff's settlement with one defendant bars a claim for contribution brought by nonsettling defendants against the settling defendant. Because the opinion that we announce today in McDermott, Inc. v. AmClyde, --- U.S. ----, 114 S.Ct. 1461, --- L.Ed.2d ---- adopts the proportionate share rule, under which actions for contribution against settling defendants are neither necessary nor permitted, we vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with that opinion. 2 It is so ordered. * The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Lumber Co., 200 U.S. 321, 337, 26 S.Ct. 282, 287, 50 L.Ed. 499.

assistant: 8
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: looked right at her, that’s how I got a good look at her.” Shirk stated that the female wore a full face helmet, but he did not say that it covered her face. Further, the officers disclosed that the female wore a “full face helmet” in the affidavit. Thus, this information does not undermine Shirk’s identification or the judge’s issuance of the warrant. The Ewings next note that after viewing various DMV photos, including those of Mark and Heather, Contreras and Rajala initially made no identifications. However, the officers included Rajala’s statement in the affidavit. They did not include Contreras’s non-identification, but given the strength of Shirk’s identification, this omission does not cast doubt on probable cause. See United States v. Colkley, 899 F.2d 297, 302 (4th Cir.1990) (<HOLDING>). The Ewings also complain that pri- or to Options: A. holding that omission of nonidentification from photo spread was not material and that the fourth amendment does not require an affiant to include all potentially exculpatory evidence in the affidavit B. holding allegation that false affidavit was basis for arrest warrant is sufficient to state 1983 fourth amendment claim against affiant officer C. holding that the state has no affirmative duty to seek out and gain possession of potentially exculpatory evidence D. holding defendant was improperly denied potentially exculpatory evidence E. holding that the observation of evidence in plain view is not a search for purposes of the fourth amendment and does not require a warrant

assistant: The best answer is A. holding that omission of nonidentification from photo spread was not material and that the fourth amendment does not require an affiant to include all potentially exculpatory evidence in the affidavit
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 Participant shall forfeit and disgorge to the Company any Awards granted or vested and any gains earned or accrued due to the exercise of Options or SARs or the sale of any Shares or the settlement of any Award to the extent required by Applicable Law or regulations in effect on or after the Effective Date, including Section 304 of the U.S. Sarbanes-Oxley Act of 2002 and Section 10D of the Exchange Act. For the avoidance of doubt, the Committee shall have full authority to implement any policies and procedures necessary to comply with Section 10D of the Exchange Act and any rules promulgated thereunder. The implementation of policies and procedures pursuant to this Section 12(e) and any modification of the same shall not be subject to any restrictions on amendment or modification of Awards. Awards granted under this Plan (and gains earned or accrued in connection with Awards) shall also be subject to such generally applicable policies as to forfeiture and recoupment (including, without limitation, upon the occurrence of material financial or accounting errors, financial or other misconduct or Competitive Activity) as may be adopted by the Administrator or the Board from time to time and communicated to Participants. Any such policies may (in the discretion of the Administrator or the Board) be applied to outstanding Awards at the time of adoption of such policies, or on a prospective basis only.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: report and the Army Safety Center Report. Appellants argue that both documents are admissible hearsay under the government report exception in Fed.R.Evid. 803(8). Rule 803(8)(C) allows as an exception to the hearsay rule the admission of “Records, reports, state ments, or data compilations, in any form, of public offices or agencies, setting forth ... in civil actions and proceedings ... factual findings resulting from an investigation made pursuant to authority granted by law.” Fed.R.Evid. 803(8)(C). First, the district court was within its discretion when it excluded the memorandum from Major General Harrison. His comments do not form a part of the CIB report and therefore fall outside the scope of Rule 803(8)(C). Cf. City of New York v. Pullman Inc., 662 F.2d 910, 915 (2d Cir.1981) (<HOLDING>). Also, as the district court noted, Major Options: A. holding that chevron deference is due only to a reasonable interpretation made by the administrator of an agency B. holding that interim staff report of the urban mass transit administration which was ultimately rejected by the umta administrator did not embody the findings of an agency C. holding that a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency D. holding that it was not an abuse of discretion for the trial court to exclude an agency finding of no discrimination on the ground that the report would suggest to the jury that it should reach the same conclusion as the agency E. holding that it was not wrong for the administrator to rely on the findings of an independent reviewing physician

assistant: The best answer is B. holding that interim staff report of the urban mass transit administration which was ultimately rejected by the umta administrator did not embody the findings of an agency
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: when we make material changes to the agreements , we 'll provide you with prominent notice as appropriate under the circumstances , e.g. , by displaying a prominent notice within the service or by sending you an email .

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: aside counsel’s later statements in light of his earlier statements and the other evidence of incompetency. This issue is also worthy of our consideration. See Robinson, 383 U.S. at 384, 86 S.Ct. at 841 (“it is contradictory to argue that a defendant may be incompetent, and yet knowingly and intelligently “waive’ his right to have the court determine his capacity to stand trial”). For the reasons stated herein, I dissent to the majority’s improvident grant of appellant’s petition. CLINTON, BAIRD and OVERSTREET, JJ., join. 1 . Sisco was a panel opinion, in which one judge wrote the opinion, another judge concurred in the result and a third judge dissented. However, its holding has since been adopted by a majority of the Court. Williams v. State, 663 S.W.2d 832, 834 (Tex.Crim.App.1984) Options: A. holding that the penalty is applicable B. holding sisco standard applicable throughout article 4602 C. holding the applicable standard of review in addressing the sufficiency of the evidence is manifest error D. holding that even if the standard for waiver is clear the standard was not met E. holding rule applicable to witness

assistant: The best answer is B. holding sisco standard applicable throughout article 4602
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 Agreement is or becomes or is deemed to be invalid, illegal or unenforceable in any jurisdiction or would disqualify this Agreement or the Award under any applicable law, such provision shall be construed or deemed amended to conform to applicable law (or if such provision cannot be so construed or deemed amended without materially altering the purpose or intent of this Agreement and the grant of the Award hereunder, such provision shall be stricken as to such jurisdiction and the remainder of this Agreement and the award shall remain in full force and effect).

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: for relief or cause of action not otherwise existing under this title ... or nonbankruptcy law”— precludes any holding that “creates” a claim for the debtor. Taken together, USDA contends that if Supreme Beefs claim did not exist outside of bankruptcy because it does not meet the FTCA’s substantive requirements, then it cannot be brought as a counterclaim under § 106(c). We reject USDA’s argument. First, assuming, arguendo, that the underlying substantive law is the touchstone for a § 106(c) analysis, the FTCA’s substantive requirements are not the only avenues for relief. Indeed, this Court has held that the federal government waives its immunity even to some recoupments that are not specifically authorized by statute. See Frederick v. United States, 386 F.2d 481, 488 (5th Cir.1967) (<HOLDING>) (emphasis added); see also First Nat. Bank v. Options: A. recognizing that immunity may be waived B. holding that the tucker act effects a waiver of sovereign immunity and observing that the existence of consent to be sued is a prerequisite for jurisdiction C. holding that the waiver of sovereign immunity must be clear and unequivocal D. holding that sovereign immunity may be waived as to a recoup ment noting that the waiver can be by statutory consent to be sued or by the institution of the particular action E. holding that a governments consent to be sued must be construed strictly in favor of the sovereign

assistant: The best answer is D. holding that sovereign immunity may be waived as to a recoup ment noting that the waiver can be by statutory consent to be sued or by the institution of the particular action
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 shall be binding upon and shall inure to the benefit of the Company, Holdings and their respective successors and assigns, and any such successors and assigns shall be considered third-party beneficiaries of this Agreement. Executive may not assign or transfer any payment obligations under this Agreement. Notwithstanding the foregoing, if Executive dies while payments are still owed to him under this Agreement, those payments will be paid to his spouse, if she survives him and otherwise to his estate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Frierson must show that (i) Lieman’s performance was deficient, and (ii) this deficient performance prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To satisfy the performance prong, Frierson must show that Lieman’s performance “fell below an objective standard of reasonableness.” Id. at 688, 104 S.Ct. 2052; United States v. Fry, 322 F.3d 1198, 1200 (9th Cir.2003). To satisfy the prejudice prong, Frierson must show that “there is a reasonable probability that, but for [Liema counsel is on notice that important mitigation evidence exists, a failure to uncover and present such evidence at the penalty phase represents ineffective assistance of counsel. Wiggins v. Smith, 539 U.S. 510, 525, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003) (<HOLDING>). Lieman’s deficient performance is readily Options: A. holding that a defendant alleging ineffective assistance must demonstrate that their counsels performance both fell below an objective standard of reasonableness and prejudiced the defense B. holding counsels failure to prepare a social history report fell below professional standards where counsel was on notice of severe family dysfunction C. holding that where counsels decision in leading the court into error falls below the standard of reasonable professional practice we may find that counsel was ineffective D. holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy E. holding that the trial counsels performance was constitutionally deficient where counsel made a limited investigation into the petitioners background did not prepare a social history of the petitioner and was not aware that he had been sexually abused and raped as a child

assistant: The best answer is B. holding counsels failure to prepare a social history report fell below professional standards where counsel was on notice of severe family dysfunction
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 one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (a) such provision shall be excluded from this Agreement, (b) the balance of the Agreement shall be interpreted as if such provision were so excluded and (c) the balance of the Agreement shall be enforceable in accordance with its terms.

assistant: Severability