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: March 15, 2017 Reconsiderations denied March 29, 2017 Hall Booth Smith, Joel L. McKie, Andrew K. Hazen, for Redcedar, LLC. Weissman, Nowack, Curry & Wilco, Bradley A. Hutchins, David S. Klein, for CML-GA Social Circle, LLC. It is axiomatic that, “[e]vidence having a tendency to establish facts in issue is relevant and admissible, and no matter how slight the probative value, our law favors admission of relevant evidence.” Under the circumstances presented here, we conclude that the trial court erred in refusing to allow CML-GA to present evidence of the diminished value of the property following Redcedar’s removal of timber at trial for the limited purpose of demonstrating its entitlement to attorney fees and punitive damages. Thus, we reverse that p App. 734, 736 (415 SE2d 329) (1992) (<HOLDING>); Cordele Sash, Door & Lumber Co. v. Prudential Options: A. holding that a company that cut removed and sold timber from land that secured a debt held by the plaintiff was liable as a matter of law under the gtccs because it had not first obtained the written consent of the plaintiff B. holding that a person who cut and removed timber pursuant to the direction of the person in possession of the property but without the written consent of the company holding legal title to the land could be held liable under the gtccs C. holding that a company that cut and removed timber from land that secured a debt held by the plaintiff was liable as a matter of law under an earlier version of the gtccs because it had not first obtained the written consent of the plaintiff D. holding that a person who cut and removed timber from a golf course was liable to the owners of the course as a matter of law under the gtccs regardless how the person subsequently disposed of the timber ie by using selling or discarding it E. holding with no analysis that any person or organization who may be legally liable therefor applies to a person legally liable for injuries caused by an accident 4 when under the facts of the case the only person to whom the clause could have applied was a tortfeasor

assistant: The best answer is B. holding that a person who cut and removed timber pursuant to the direction of the person in possession of the property but without the written consent of the company holding legal title to the land could be held liable under the gtccs
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: is a matter of consent between the parties, and one cannot be required to submit to arbitration a dispute which it has not agreed to submit to arbitration.”) (citation and internal quotation marks omitted). Here, the Service Agreement, unlike the APA and Employment Agreements, does not contain a broad arbitration clause in its “Remedies” section; rather, the Service Agreement contemplates arbitration only of disputes regarding the narrow issue of a new compensation arrangement in the event of certain regulatory changes. If the parties intended to arbitrate all disputes arising out of the Service Agreement, they could have easily included the same broad arbitration provision in that agreement. See Alticor, Inc. v. National Union Fire Ins. Co., 411 F.3d 669, 672 (6th Cir.2005) (<HOLDING>). Although we rejected a similar argument in Options: A. holding that the trial court not the arbitrator must decide a challenge to an arbitration provision based on public policy B. holding that claims against a broker under the securities laws and rico were subject to arbitration pursuant to a provision requiring the arbitration of any dispute relating to the customers accounts C. holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision D. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added E. holding that the arbitration provision naming particular arbitration fora superseded the amex constitution closed the amex window and precluded arbitration before aaa who was not named in the arbitration provision

assistant: The best answer is C. holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision
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: by using those features , you agree to these terms and the google maps terms available at http://www.google.com/intl/en_all/help/terms_maps.html .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions set forth in Article IV, the Company shall indemnify, and advance Expenses to, Indemnitee to the fullest extent permitted by applicable law in effect on the date hereof and to such greater extent as applicable law may hereafter from time to time permit. The other provisions set forth in this Agreement are provided in addition to and as a means of furtherance and implementation of, and not in limitation of, the obligations expressed in this Article III. No requirement, condition to or limitation of any right to indemnification or to advancement of Expenses under this Article III shall in any way limit the rights of Indemnitee under Article VII.

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 case excerpt and choose the best holding from the options. Case excerpt: itself.’ ... Structural error usually requires no showing of prejudice by the defendant and may invalidate the first proceeding. If the first proceeding is invalid or void, then no jeopardy attaches to those proceedings. Ex parte McCombs, 24 So.3d 1175, 1178 (Ala.Ct.Crim.App.2009) (quoting United States v. Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006) (citations omitted)). Here, a structural error occurred because Appellant successfully demonstrated he would not have authorized an 11-person jury to return a verdict. No specific showing of prejudice was required because, as explained i dants who successfully obtain a mistrial or successfully move to vacate their pleas and are then returned to their original position. See Ricketts, 483 U.S. at 11, 107 S.Ct. 2680 (<HOLDING>). In Ricketts, the Court noted its prior Options: A. recognizing that the expectation of finality and tranquility is an interest protected by the prohibition on double jeopardy B. holding that the constitutional protection against double jeopardy may be waived pursuant to a bargainedfor plea C. holding that the government may appeal a postverdict ruling without violating double jeopardy where the appeal does not result in a new trial D. holding that the government could appeal a criminal sentence without violating the double jeopardy clause when congress expressly authorized such an appeal E. holding that where a plea agreement is vacated the parties can be returned to their original position without violating the prohibition against double jeopardy

assistant: The best answer is E. holding that where a plea agreement is vacated the parties can be returned to their original position without violating the prohibition against double jeopardy
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: Cooperate with the Lender and execute such further instruments and documents as the Lender shall reasonably request to carry out the transactions contemplated by this Agreement and the other Loan Documents, including all documents, agreements, notices and other items necessary or desirable to assure that the Lender shall have at all times a Lien with a first priority, subject to exceptions permitted by this Agreement, in all properties and assets of the Loan Parties. If any material assets (other than any real property or improvements thereto or any interest therein) are acquired by a Loan Party after the Closing Date (other than assets constituting Collateral under the Security Documents that become subject to the Lien in favor of the Lender upon acquisition thereof), the Borrower will notify the Lender, and, if requested by the Lender, the Borrower will cause such assets to be subjected to a Lien securing the Obligations and will take, and cause the Loan Parties to take, such actions as shall be necessary or reasonably requested by the Lender to grant and perfect such Liens, all at the expense of the Borrower.

assistant: Further Assurances
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: by accessing or using the instagram website , the instagram service , or any applications ( including mobile applications ) made available by instagram ( together , the `` service '' ) , however accessed , you agree to be bound by these terms of use ( `` terms of use '' ) .

assistant: Contract by using
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: Such Originator will maintain and implement (or cause the Servicer to maintain and implement) administrative and operating procedures (including an ability to recreate records evidencing Pool Receivables and related Contracts in the event of the destruction of the originals thereof), and keep and maintain (or cause the Servicer to keep and maintain) all documents, books, records, computer tapes and disks and other information reasonably necessary or advisable for the collection of its Pool Receivables (including records adequate to permit the daily identification of such Pool Receivable and all Collections of and adjustments to such existing Pool Receivable).

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: which mandates that the State demonstrate that an interested adult was present during an interrogation, has been statutorily adopted in ten states. Those statutes render inadmissible any statement made during interrogation by a juvenile outside the presence of an interested adult and prohibit the waiver of the right to counsel by a juvenile unless that waiver is accompanied by a waiver of a parent or 972) (adopting rule that child may not waive right to counsel until child has had opportunity to consult with interested adult); G.J. v. State, 716 N.E.2d that child must be represented by parent, guardian or counsel during interrogation for statement to be admissible; child’s right to counsel cannot be waived by unrepresented child); Eddings v. State, 842 P.2d 759 (Okla.Crim. App.1992) (<HOLDING>); In re L.M., 993 S.W.2d 276 (Tex.App.1999) Options: A. holding that statements elicited during custodial interrogation of child are inadmissible unless parents are present B. holding parents custodial rights are a fundamental interest guaranteed due process protection C. holding that a statement given after miranda warnings have been administered may be inadmissable when police have elicited a previous unwarned statement during a custodial interrogation D. holding that voluntary statements to police initiated by witness are not interrogation and therefore are nontestimonial E. holding that miranda does not apply to statements of the defendant which are voluntary and unsolicited and not the product of custodial interrogation

assistant: The best answer is A. holding that statements elicited during custodial interrogation of child are inadmissible unless parents are present
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: fourteenth amendment imposes upon those state officials no obligation to prevent that harm.” Horton v. Flenory, 889 F.2d 454, 457 (3d Cir.1989). The Court in DeShaney did, however, recognize “that in certain limited circumstances the Constitution imposes upon the State affirmative duties of care and protection with respect to particular individuals.” 489 U.S. at 198, 109 S.Ct. 998; see also Robinson v. California, 370 U.S. 660, 82 S.Ct. 1417, 8 L.Ed.2d 758 (1962) (recognizing that the Eighth Amendment’s prohibition against cruel and unusual punishment, made applicable to the States through the Fourteenth Amendment’s Due Process Clause, requires the State to provide adequate medical care to incarcerated prisoners); Youngberg v. Romeo, 457 U.S. 307, 102 S.Ct. 2452, 73 L.Ed.2d 28 (1982) (<HOLDING>); Revere v. Massachusetts General Hosp., 463 Options: A. holding that any confrontation right is found in the fourteenth amendments due process clause not the confrontation clause of the sixth amendment B. holding that the substantive component of the fourteenth amendments due process clause requires the state to provide involuntarilycommitted mental patients with such services as are necessary to ensure their reasonable safety from themselves and others C. holding municipalities are not persons within the meaning of the due process clause of the fifth or fourteenth amendments D. holding that the state must provide involuntarily committed mental patients with services that insure their reasonable safety E. 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

assistant: The best answer is B. holding that the substantive component of the fourteenth amendments due process clause requires the state to provide involuntarilycommitted mental patients with such services as are necessary to ensure their reasonable safety from themselves and others
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 and delivery of this Agreement does not, and the consummation of the transactions contemplated hereby will not, conflict with, or result in any violation of any provision of the Articles of Incorporation or Bylaws of Acquiring Company or of any loan or credit agreement, note, mortgage, indenture, lease, benefit plan or other agreement, obligation, instrument, permit, concession, franchise, license, judgment, order, decree, statute, law, ordinance, rule or regulation applicable to Target Company or its properties or assets except for any such conflict or violation, which when taken together with all other conflict or violation, is not likely to have a Material Adverse Effect. No consent, approval, order or authorization of, or registration, declaration or filing with, any governmental entity is required by or with respect to Acquiring Company in connection with the execution and delivery of this Agreement by Acquiring Company, or the consummation by Acquiring Company of the transactions contemplated hereby.

assistant: Approvals
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: only but not those of law, including FEHA. The power that the provision grants has been characterize 91) 778 F.Supp. 950, 952-953 (same, relying on Ana Leon T. and its treatment of section 341, Fifth). But see Wiskotoni v. Michigan Nat. Bank-West (6th Cir. 1983) 716 F.2d 378, 387 (stating in dictum, outside of the context of Title VII or the ADEA, that section 24, Fifth, has “consistently been construed ... as preempting state law governing employment relations between a national bank and its officers,” without limitation as to only conflicting state law); Alfano v. First National Bank of Highland (1985) 111 A.D.2d 960, 961 [490 N.Y.S.2d 56, 58] (following Wiskotoni in holding to such effect); compare Osei-Bonsu v. Federal Home Loan Bank of New York, supra, 726 F.Supp. at pages 97-98 (<HOLDING>). 7 To the extent that other discussion by Options: A. holding to the effect that section 341 fifth as impliedly amended by title vii preempts state law to the extent but only to the extent that it conflicts B. holding that general maritime law preempts state law C. holding to the effect that section 24 fifth has been impliedly amended by title vii D. holding outside of the context of title vii or the adea to the effect that section 341 fifth preempts conflicting state law E. holding to the effect that section 1432a as impliedly amended by title vii preempts state law without limitation as to only conflicting state law

assistant: The best answer is E. holding to the effect that section 1432a as impliedly amended by title vii preempts state law without limitation as to only conflicting state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall bind and inure to the benefit of the respective successors and permitted assigns of each of the parties; provided, however, that no Borrower may assign this Agreement or any rights or duties hereunder without the Lenders’ prior written consent and any prohibited assignment shall be absolutely void ab initio. No consent to assignment by the Lenders shall release any Borrower from its Obligations. A Lender may assign this Agreement and the other Loan Documents and its rights and duties hereunder and thereunder pursuant to Section 13.1 and, except as expressly required pursuant to Section 13.1 and subject to such assignment being recorded in the Register, no consent or approval by any Borrower is required in connection with any such assignment.

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 case excerpt and choose the best holding from the options. Case excerpt: what Pennsylvania law required. The oft-quoted exchange between Alice and Humpty Dumpty comes to mind: “When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean-neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master-that’s all.” United States v. Pacheco, 225 F.3d 148, 149 (2d Cir.2000) (quoting Lewis Carroll, Through the Looking Glass). In Pursell’s case, the jury was the master of the meaning of torture. In permitting the jury such wide-ranging discretion, the trial judge abdicated his role: he failed to tell the jury what the law is. This is clearly a violation of Pennsylvania law. Crawley, 526 A.2d at 346-47 (<HOLDING>). Under the unique facts of the present case, Options: A. holding that the decision to allow attorney fees rests with the trial judge and that decision may only be reversed for an abuse of discretion B. recognizing that the privilege of being a heard amicus rests solely within the discretion of the court C. holding that the trial court abused its discretion in denying a new trial where the jury had taken a dictionary that had not been admitted into evidence into the jury room and had improperly referred to and relied on the dictionarys definition of legal cause that was at variance with the definition of proximate cause D. holding that under pennsylvania law the responsibility for providing a legal definition of torture to be applied by the jury rests solely with the trial judge E. holding that the trial judge rather than the jury makes the determination of whether the defendant violated the implied consent law

assistant: The best answer is D. holding that under pennsylvania law the responsibility for providing a legal definition of torture to be applied by the jury rests solely with the trial judge
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 hereby explicitly and unambiguously consents to the collection, use and transfer, in electronic or other form, of the Participant’s personal data as described in this Agreement and any other RSU grant materials by and among, as applicable, the Participant’s employer or contracting party (the “ Employer ”) and the Company for the exclusive purpose of implementing, administering and managing the Participant’s participation in the Plan. The Participant understands that the Company may hold certain personal information about the Participant, including, but not limited to, the Participant’s name, home address and telephone number, work location and phone number, date of birth, social insurance number or other identification number, salary, nationality, job title, hire date, any shares of stock or directorships held in the Company, details of all awards or any other entitlement to shares awarded, cancelled, exercised, vested, unvested or outstanding in the Participant’s favor, for the purpose of implementing, administering and managing the Plan (“ Personal Data ”).

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 case excerpt and choose the best holding from the options. Case excerpt: CURIAM: In 2011, James Edward Camp, Texas prisoner # 1411093, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, asserting that in 2006 the defendants had drugged him, kidnaped him, and implanted a transmitter device in him without his consent. After determining that Camp’s complaint was untimely, the district court dismissed Camp’s complaint pursuant to 28 U.S.C. § 1915A(b)(1) as frivolous and for failure to state a claim. Camp has filed a timely appeal from the district court’s ruling. Our case law is unclear as to whether we review a district court’s § 1915A dismissal de novo or for abuse of discretion. See Ruiz v. United States, 160 F.3d 273, 275 (5th Cir.1998) (de novo review); Martin v. Scott, 156 F.3d 578, 580 (5th Cir.1998) (<HOLDING>). We need not resolve this discrepancy, as Options: A. recognizing that a district courts dismissal of an independent action under rule 60b is reviewed for abuse of discretion B. holding that a 1915a dismissal as frivolous is reviewed for abuse of discretion C. holding that the dismissal of a frivolous action reviewed for abuse of discretion D. holding that denial of joinder motion is reviewed for abuse of discretion E. holding that the imposition of sanctions is reviewed for abuse of discretion

assistant: The best answer is B. holding that a 1915a dismissal as frivolous is reviewed for abuse of discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the remedy provided to Simmons when Missouri held his death sentence to be unconstitutional was life without possibility of parole. 112 S.W.3d at 413. This case, of course, does not involve the death penalty. Neither the United States Supreme Court nor the Supreme Court of Florida has held that a sentence of life without possibility of parole is unconstitutional when applied to a person under the age of eighteen. Without such a ruling, Mr. Culpepper does not have an issue raising a “fundamental constitutional right” that can be raised at this time. See Fla. R.Crim. P. 3.850(b)(2); Witt v. State, 387 So.2d 922, 930 (Fla.1980); Margarejo v. State, No. 2D07-700, — So.2d -, 2007 WL 4404602 (Fla. 2d DCA Dec. 19, 2007); see also Sims v. Commonwealth, 233 S.W.3d 731, 733 (Ky.App.2007) (<HOLDING>). We note that Mr. Culpepper’s motion for Options: A. holding unconstitutional defendants sentence of death based upon the holding in roper supra and remanding for the montgomery circuit court to set aside the defendants death sentence and to sentence him to the only other sentence available life in the penitentiary without the possibility of parole B. recognizing that before the case was submitted to the jury the trial court charged the jury that if it were unable to reach a unanimous recommendation the court would impose a sentence of life imprisonment without the possibility of parole C. holding that after roper juvenile convictions can qualify as predicate offenses for sentence enhancement purposes D. holding that the imposition of a life sentence on a juvenile does not violate the holding of roper E. holding that roper did not support a similar postconviction claim and noting that roper contained obiter dictum to the effect that life imprisonment without the possibility of parole remains a permissible sentence for such offenders

assistant: The best answer is E. holding that roper did not support a similar postconviction claim and noting that roper contained obiter dictum to the effect that life imprisonment without the possibility of parole remains a permissible sentence for such offenders
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 Committee may at any time alter or amend this Award Agreement to the extent (1) permitted or required by law, (2) permitted or required by the rules of any stock exchange on which the Common Stock or any other security of the Corporation is listed, and (3) permitted or required under applicable provisions of the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (including Rule 16b-3 thereof).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent required by any applicable law, the Administrative Agent may withhold from any payment to any Lender an amount equivalent to any applicable withholding tax. If the forms or other documentation required by Section 2.19 are not delivered to the Administrative Agent, then the Administrative Agent may withhold from any payment to any Lender not providing such forms or other documentation, an amount equivalent to the applicable withholding tax. If the IRS or any other Governmental Authority asserts a claim that the Administrative Agent did not properly withhold tax from amounts paid to or for the account of any Lender because the appropriate form was not delivered or was not properly executed or because such Lender failed to notify the Administrative Agent of a change in circumstance which rendered the exemption from, or reduction of, withholding tax ineffective or for any other reason, such Lender shall indemnify the Administrative Agent fully for all amounts paid, directly or indirectly, by the Administrative Agent as tax or otherwise, including any penalties or interest and together with all expenses (including legal expenses, allocated internal costs and out-of-pocket expenses) incurred. Each Lender hereby authorizes the Administrative Agent to set off and apply any and all amounts at any time owing to such Lender under any Loan Document or otherwise payable by the Administrative Agent to the Lender from any other source against any amount due to the Administrative Agent under this Section 8.11 . The provisions of this Section 8.11 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, any Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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: The execution, delivery and performance of this Agreement and performance under the other Transaction Documents and the consummation by such Purchaser of the transactions contemplated hereby and thereby or relating hereto or thereto do not and will not (i) result in a violation of such Purchaser’s charter documents, bylaws or other organizational documents, if applicable, (ii) conflict with nor constitute a default (or an event which with notice or lapse of time or both would become a default) under any agreement to which such Purchaser is a party, nor (iii) result in a violation of any law, rule, or regulation, or any order, judgment or decree of any court or governmental agency applicable to such Purchaser or its properties (except for such conflicts, defaults and violations as would not, individually or in the aggregate, have a material adverse effect on such Purchaser). Such Purchaser is not required to obtain any consent, authorization or order of, or make any filing or registration with, any court or governmental agency in order for it to execute, deliver or perform any of its obligations under this Agreement or perform under the other Transaction Documents nor to purchase the Securities in accordance with the terms hereof, provided that for purposes of the representation made in this sentence, such Purchaser is assuming and relying upon the accuracy of the relevant representations and agreements of the Company herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER SECURED DEBT DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER SECURED DEBT DOCUMENT SHALL AFFECT ANY RIGHT TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER SECURED DEBT DOCUMENT AGAINST FORESIGHT OR ANY OTHER CREDIT PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and revealing the inner workings of the grand jury process, the Court finds that the Archives has satisfied its burden of showing that the draft indictments are protected from disclosure under Rule 6(e). c. The Purpose of Rule 6(e) The plaintiff next argues that the information contained in the draft indictments is sufficiently public to warrant disclosure because the secrecy to be protected by Rule 6(e) no longer exists. “Rule 6(e) does not create a type of secrecy which is waived once public disclosure occurs.” In re North, 16 F.3d at 1245 (quoting Barry v. United States, 740 F.Supp. 888, 891 (D.D.C. 1990)). However, once information is sufficiently widely known, it has “lost its character as Rule 6(e) material!, as t]he purpose in Rule 6(e) is to preserve secrecy.” Id. at 1244-45 (<HOLDING>). To show that withheld information must be Options: A. holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error B. holding that an fbi agents rough notes of an interview of the defendant were not brady material because there was no independent showing that they contained evidence that was material to the defendants guilt or innocence C. holding the purported rule 6e material the final report of the office of the independent counsel no longer protected from release because the independent counsels four interim reports to congress included most if not all of the 6e material now disclosed in the final report D. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence E. holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel

assistant: The best answer is C. holding the purported rule 6e material the final report of the office of the independent counsel no longer protected from release because the independent counsels four interim reports to congress included most if not all of the 6e material now disclosed in the final report
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 to prevent exactly the type of activity [Defendant] has engaged in, i.e., generating interest in a potential infringing product to the commercial detriment of the rightful pat-entee.” 3D Systems, Inc. v. Aarotech Laboratories, Inc., 160 F.3d 1373, 1379 (Fed.Cir.1998). However, the specific decision in 3D Systems was that “price quotation letters can be regarded as ‘offer[s] to sell’ under § 271 based on the substance conveyed in the letters, i.e., a description of the allegedly infringing merchandise and the price at which it can be purchased.” 160 F.3d 1373 at 1379. More importantly, the Federal Circuit stated two years later that: “the meaning of ‘offer to sell’ is to be interpreted according to its ordinary meaning in contract law.” Rotec Ind , 20 F.Supp.2d 690, 696 (D.Del.1998) (<HOLDING>). Lucent Technologies, Inc. v. Newbridge Options: A. holding that an offer to donate cannot be an offer to sell B. holding that an internet site containing product descriptions but no pricing information is not an offer to sell C. holding that mere advertisements which are directed at a national audience and contain no pricing information are insufficient in and of themselves to constitute an offer to sell D. recognizing that motions for directed verdicts are not normally directed to bits and pieces of an action E. holding that rule 1442c2fs requirement that the proposal state whether attorneys fees are included is substantive because it prescribes specific substantive terms that an offer of judgment must include and which are material to an offerees ability to evaluate an offer

assistant: The best answer is C. holding that mere advertisements which are directed at a national audience and contain no pricing information are insufficient in and of themselves to constitute an offer to sell
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 embodies the entire agreement and understanding among the parties relative to subject matter hereof and supersede all prior agreements and understandings relating to such subject matter, including, without limitation, the offer letter between the Corporation and Executive dated November 30, 2015 and the Confidentiality and Assignment of Inventions Agreement between the Corporation and Executive dated November 30, 2015. For the avoidance of doubt, the parties acknowledge and agree that any restricted stock agreements and restricted stock unit agreements between the Corporation and Executive entered into prior to the Effective Date of this Agreement remain in full force and effect according to their terms. Executive’s obligations under this Agreement may not be canceled, modified or otherwise changed, except by another written agreement signed by the Corporation expressly referencing the applicable provision(s) hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall take such actions as Lender may reasonably request from time to time (including, without limitation, the execution and delivery of security agreements, pledge agreements, financing statements and other documents, the filing or recording of any of the foregoing, and the delivery of stock certificates and other collateral with respect to which perfection is obtained by possession) to ensure that the obligations of Borrower hereunder and under the other Loan Documents are secured by the Collateral.

assistant: Further Assurances
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: appearance when he found her naked and bleeding after Powell raped and attempted to kill her. In addition, the detective who responded to the scene, Kristie’s doctor, and Kristie all testified about Powell’s attack on Kristie. Powell claims the evidence of these crimes was irrelevant to the crime charged in the second trial because these crimes took place after the attempted rape and murder of Stacey. ' Even if this evidence were relevant, Powell contends it should have been excluded as unfairly prejudicial. The Supreme Court of Virginia found no error in the admission of this evidence, concluding instead that the evidence was admissible as “a common criminal scheme” under Virginia evidence laws. Id. at 557; see also Tomlinson v. Commonwealth, 8 Va.App. 218, 380 S.E.2d 26, 30 (Va.1989) (<HOLDING>). Additionally, the Supreme Court of Virginia Options: A. holding evidence of prior drug use admissible to show motive and the nature of the defendants relationship with coconspirators B. holding evidence of other crimes inadmissible when identity is not at issue C. holding that evidence of other crimes though generally inadmissible to show character is admissible to show for instance proof of motive or plan D. holding parol evidence is admissible to show mistake E. holding other crimes evidence admissible to show motive where motive was put in issue by defense at trial

assistant: The best answer is C. holding that evidence of other crimes though generally inadmissible to show character is admissible to show for instance proof of motive or plan
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: said he did ‘not admit [the challenged statement], and [would] not consider it relevant to ... issues” other than to establish a recent complaint of rape (emphasis added)). Further, and contrary to the position taken by the majority in footnote 4, I do not believe the trial court’s partial articulation of the reason for its decision in this case sufficiently rebutted the Cole/Craddock presumption that the court improperly considered the admitted evidence of Pierce’s perjury conviction in determining her guilt. The trial court commented that, before defense witness Kisha LeBray testified, this was a “close” case on the issue of possession with intent to distribute. Its statement that “the testimony of Miss LeBray makes it pretty clear that this defendant was at least a c d.2d at 826 (<HOLDING>). Here and in Craddock, unlike in Cole, the Options: A. holding improperly admitted evidence may be harmless if other evidence of guilt is overwhelming and the error is insignificant by comparison B. holding improperly admitted evidence may be harmless if cumulative C. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt D. holding improperly admitted evidence was harmless error given the overwhelming evidence of guilt E. holding the error harmless in light of the overwhelming evidence of guilt

assistant: The best answer is A. holding improperly admitted evidence may be harmless if other evidence of guilt is overwhelming and the error is insignificant by comparison
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 shall assign the policies and all proceeds payable thereunder or proofs of insurance to Administrative Agent (for the benefit of the Lenders), in such manner and form that Administrative Agent and its successors and assigns shall at all times have and hold the same as security for the payment of the Loan. In the event of a foreclosure of the Security Instrument or other transfer of title to the Property in extinguishment in whole or in part of the Debt, all right, title and interest of Borrowers in and to the Policies then in force concerning the Property and all proceeds payable thereunder shall thereupon vest exclusively in Administrative Agent or the purchaser at such foreclosure or other transferee in the event of such other transfer of title. Unless otherwise approved by Administrative Agent, with respect to the property insurance required under this Section 3.1 , Borrowers shall provide (i) on or before the Closing Date, an ACORD 27 or 28 along with a policy binder which is valid for at least 60 days following the Effective Date or a complete copy of the policy, (ii) endorsements required by Lender within thirty (30) days following the Closing Date if not provided on or before the Closing Date and (iii) a copy of the full policy within sixty (60) days following the Closing Date or prior to expiration of the binder. Unless otherwise approved by Administrative Agent, with respect to the liability insurance required under this Section 3.1 , Borrowers shall provide (i) on or before the Closing Date, an ACORD 25 along with evidence of 30-day notice of cancellation of coverage (except ten (10) days’ prior notice for non-renewal or cancellation due to non-payment of premium) along with a policy binder which is valid for at least 60 days following the Effective Date or a complete copy of the policy, (ii) endorsements required by Lender within thirty (30) days following the Closing Date if not provided on or before the Closing Date and (iii) a copy of the full policy within sixty (60) days following the Closing Date. If Borrowers elect to obtain any insurance which is not required under this Agreement, all related insurance policies shall be endorsed in compliance with Section 3.1(d) , and such additional insurance shall not be canceled without prior notice to Administrative Agent. From time to time upon Administrative Agent’s request, Borrowers shall identify to Administrative Agent all insurance maintained by Borrowers with respect to the Projects. The proceeds of insurance policies coming into the possession of Administrative Agent shall not be deemed trust funds, and Administrative Agent shall be entitled to apply such proceeds as herein provided.

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: organization differs from its for-profit cousins in its treatment of net earnings does not prevent its buildings or property from being used in interstate commerce or in an activity affecting interstate commerce. As the Supreme Court has explained, “[n]othing intrinsic to the nature of nonprofit entities prevents them from engaging in interstate commerce,” particularly because “they purchase goods and services in competitive markets, offer their facilities to a variety of patrons, and derive revenues from a variety of sources, nt institutions in particular, can serve in both a sovereign/regulatory capacity and a market capacity, and their actions as either can affect interstate commerce. See Lehman v. City of Shaker Heights, 418 U.S. 298, 303, 94 S.Ct. 2714, 41 L.Ed.2d 770 (1974) (<HOLDING>); United States v. Kokinda, 497 U.S. 720, 725, Options: A. holding that a public school did not create a public forum by allowing commercial advertising on a baseball field fence B. holding that the first amendment does not protect the use of racial invective by a public official against a member of the public in a bar C. holding that if the speech in question does not address a matter of public concern there is no first amendment violation D. holding that the doorway of the home is a public place for purposes of the warrant requirement of the fourth amendment E. holding that a municipal transit vehicle is not a public forum for first amendment purposes because the city is engaged in commerce and the advertising space in question although incidental to the provision of public transportation is part of a commercial venture

assistant: The best answer is E. holding that a municipal transit vehicle is not a public forum for first amendment purposes because the city is engaged in commerce and the advertising space in question although incidental to the provision of public transportation is part of a commercial venture
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 definitions in the following Regulations apply for purposes of Sections 16.1 through 16.5: § 1.436-1(j)(1) defining adjusted funding target attainment percentage; § 1.436-1(j)(2) defining annuity starting date; § 1.436-1(j)(6) defining prohibited payment; § 1.436-1(j)(8) defining section 436 measurement date; and § 1.436-1(j)(9) defining an unpredictable contingent event and an unpredictable contingent event benefit.

assistant: Definitions