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 Executive understands that the Company and any of its Affiliates, from time to time, may impart Confidential Information to the Executive, whether such information is written, oral, electronic or graphic. The Executive hereby acknowledges the Company’s exclusive ownership of such Confidential Information. In exchange for good and valuable consideration, including the Executive’s employment hereunder and the Executive’s Base Salary, for the duration of the Executive’s employment and for all times thereafter, the Executive agrees that the Executive shall: (x) only use the Confidential Information in the performance of the Executive’s duties hereunder; (y) only communicate the Confidential Information to fellow employees, agents and representatives strictly on a need-to-know basis; and (z) not otherwise disclose or use any of the Confidential Information, except as may be required by law or otherwise authorized by the Board. Notwithstanding the foregoing, the Executive understands that: (i) nothing in this Agreement or other agreement prohibits the Executive from reporting possible violations of law or regulation to any federal, state, or local governmental agency or entity (the “ Government Agencies ”), or communicating with Government Agencies or otherwise participating in any investigation or proceeding that may be conducted by Government Agencies, including providing documents or other information; (ii) the Executive does not need the prior authorization of the Company to take any action described in clause (i) immediately above, and that the Executive is not required to notify the Company that the Executive has taken any action described in clause (i) immediately above; and (iii) this Agreement does not limit the Executive’s right to receive an award for providing information relating to a possible securities law violation to the U.S. Securities and Exchange Commission (the “ SEC ”). Further, the Executive understands that the Defend Trade Secrets Act of 2016 provides that an individual shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (i) is made (A) in confidence to a federal, state or local government official, either directly or indirectly, or to an attorney; and (B) solely for the purpose of reporting or investigating a suspected violation of law; or (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Company and its Subsidiaries has duly filed or caused to be filed all federal, state, local and other tax returns required by Applicable Law to be filed, and has paid, or made adequate provision for the payment of, all federal, state, local and other taxes, assessments and governmental charges or levies upon it and its property, income, profits and assets which are due and payable except for (i) those that are being diligently contested in good faith by appropriate proceedings and for which the Company or the relevant Subsidiary shall have set aside on its books adequate reserves in accordance with GAAP and (ii) filings, taxes and charges as to which the failure to make or pay could not reasonably be expected to have a Material Adverse Effect.

assistant: Payments
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: None of this Agreement, any other Loan Document, any schedule or exhibit thereto or document, certificate, report, statement or other information furnished to the Bank in connection herewith or therewith or in connection with the consummation of the transactions contemplated hereby or thereby contains any material misstatement of fact or omits to state a material fact necessary to make the statements contained herein or therein not misleading.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no fees or royalties for the rights granted to the Categorical Licensed Patents. As of the Effective Date, for the license rights granted for Licensed Products, the license fee is zero US Dollars ($0) and the royalty rate is zero per-cent (0%). The fee and royalty rate cannot be changed except by mutual written agreement of the Parties. Future transfers of this Agreement to a new Licensee, beyond the first expected transfer, may require agreeing to a greater fee and/or royalty rate for Licensed Products. Regardless of whether there are fees or royalties due, reporting sales of Licensed Products is required per Article 3.3 .

assistant: Fees
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: with regards to software delivered on a physical storage medium you can end this eula by destroying the software and all copies and reproductions of the software and deleting and permanently purging the software from any client server or computer on which it has been installed .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise modified or provided for herein, the Holders shall also be entitled to, and shall not be deemed to have waived, any other applicable rights granted to such Holders under the Delaware General Corporation Law.

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: aptly comports with our discussion of manifest intent in First Dakota National Bank. In First Dakota National Bank, 2 F.3d at 813, we upheld a jury instruction that stated that manifest intent under South Dakota law means a "clearly evident intent." The instruction stated: "You may consider any statement made or act done or omitted by a party whose intent is in issue, and all of the facts and circumstances which indicate his state of mind.” Id. “You may consider it reasonable to draw the inference and find that a person intends the natural and probable consequences of acts knowingly done or knowingly omitted.” Id.; see FDIC v. United Pacific Ins. Co., 20 F.3d 1070, 1077-78 (10th Cir.1994) (approving similar jury instructions); FDIC v. Oldenburg, 34 F.3d 1529, 1539 (10th Cir.1994) (<HOLDING>); but see Resolution Trust Corp. v. Fidelity Options: A. holding that a subjective expectation of survival is objec tively reasonable if death is not substantially certain to result from the insureds conduct B. holding that the cgia was intended to apply when the claimant seeks redress from injuries that result from tortious conduct C. holding that such a duty exists D. holding that manifest intent exists when a particular result is substantially certain to follow from the employees conduct E. holding that instructions are sufficient which substantially follow the language of the statute or use equivalent language

assistant: The best answer is D. holding that manifest intent exists when a particular result is substantially certain to follow from the employees conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed in the SEC Documents, the Company (after giving effect to the transactions contemplated by this Agreement) is solvent ( i.e. , its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: each interview that he was required to assist in obtaining travel documents and that he faced criminal prosecution for failing to cooperate, but Budha refused to fill out the application. Although Budha asked for an attorney at the December 16, 2010 meeting, he was not entitled to appointed counsel at that point, and the record does not show that Budha was told during any of the interviews after the removal order that he had a right to remain silent or to appointed counsel. A rational jury could find that Budha was subject to a final order of removal and that he was fully informed of his obligations to cooperate but willfully failed or refused to apply for the travel documents necessary for his removal. See § 1253(a)(1)(B); United States v. Jara-Favela, 686 F.3d 289, 301 (5th Cir.2012) (<HOLDING>). Next, Budha argues that the Government Options: A. holding that on a review of the sufficiency of the evidence the court determines whether any rational trier of fact could have found all the elements of the offense beyond a reasonable doubt B. holding that when an appellant challenges the sufficiency of the evidence to support the conviction the relevant question is whether after viewing the evidence in the light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt C. holding that a verdict must be sustained against a sufficiency of the evidence challenge if any rational trier of fact could have found the essential elements of the charged crime beyond a reasonable doubt D. holding that when conducting a legal sufficiency review the reviewing court should view the evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt E. holding that in evaluating sufficiency of the evidence in habeas corpus petitions we view the evidence in the light most favorable to the prosecution and determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt

assistant: The best answer is A. holding that on a review of the sufficiency of the evidence the court determines whether any rational trier of fact could have found all the elements of the offense beyond a reasonable doubt
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 Third Amendment shall become effective as of 12:01 a.m. Eastern Standard Time on the date when the Administrative Agent (or its counsel) has received counterparts of this Third Amendment duly and validly executed and delivered by duly authorized officers of each Borrower, the Administrative Agent, and the Majority Banks.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: here we are dealing with parents who were minors at the time of the child’s birth. On that basis alone they logically and legally were unable to assert their rights until they reached their majority and without the financial aid of their parents. Mother, despite her minority, entered a contract with her parents relinquishing custody of child to them, thereby establishing them as custodial guardians of the child. By doing so, she bargained away child’s right to any possible financial or emotional support by his birth father. A parent cannot bargain away his or child’s rights. See e.g. McMichael v. McMichael, 700 A.2d 1337 (Pa.Super.1997); see also C.T.D., supra, citing Mastromatteo v. Harkins, 419 Pa.Super. 329, 615 A.2d 390, 394 (1992), appeal denied, 535 Pa. 648, 633 A.2d 152 (1993) (<HOLDING>). ¶ 12 Appellee, moreover, readily admits that Options: A. holding that the biological father was not entitled to notice of adoption proceeding where he failed to properly legitimate his child B. holding child is entitled to know and be supported financially and emotionally by his or her biological father C. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity D. holding biological father responsible under uniform parentage act for back child support notwithstanding stepparents support of child E. holding that unmarried father is entitled to show that he could not have reasonably expected his biological child to be born in utah after biological mother left california immediately prior to childs birth without informing father where birth would occur

assistant: The best answer is B. holding child is entitled to know and be supported financially and emotionally by his or her biological father
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: subject matter jurisdiction of a bankruptcy court and must be tried in the district court. See Adams v. Cumberland Farms, Inc., No. 95-1736,1996 WL 228567, *2 (1st Cir. May 7, 1996) (“[T]he specific provisions in question, viz 28 U.S.C. §§ 157(b)(2)(B) and 157(b)(5), strictly limit the authority of bankruptcy judges with respect to personal injury and wrongful death claims.”); In the Matter of Grabill Corp., 967 F.2d 1152, 1153 (7th Cir.1992) (“Section 157(b)(5) requires that such actions be tried in the district court.”); Hansen v. Borough of Seaside Park (In re Hansen), 164 B.R. 482, 485-86 (D.N.J. 1994) (“Pursuant to the express terms of 28 U.S.C. § 157(b)(5), bankruptcy courts do not have subject matter jurisdiction over personal injury tort causes of action 62 (Bankr.E.D.Mo.1991) (<HOLDING>); Vinci v. Town of Carmel (In re Vinci), 108 Options: A. holding that a negligence claim is not a personal injury tort claim B. holding that racial discrimination is not a personal injury tort C. holding that sexual harassment is a personal injury tort D. holding that age discrimination is not a personal injury tort E. holding that racial discrimination is a personal injury tort

assistant: The best answer is D. holding that age discrimination is not a personal injury tort
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 words "Landlord" and "Tenant" as used herein shall include the plural as well as the singular. The words used in neuter gender include the masculine and feminine. If there is more than one Tenant, the obligations under this Lease imposed on Tenant shall be joint and several. The captions preceding the articles of this Lease have been inserted solely as a matter of convenience and such captions in no way define or limit the scope or intent of any provision of this Lease. This Lease may be executed in several counterparts and by each party on a separate counterpart, each of which, when so executed and delivered, shall be an original and all of which together shall constitute one instrument.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: supreme court has "suggested that an employer may be required to comply with contractual provisions such as these." Appellant's Brief at 10. In Streckfus, the employee was the Resident Manager im in a light most favorable to them, we conclude that under the facts alleged in their complaint Eddie was an at-will employee and that the Trails provide no authority to demonstrate that the facts alleged in the complaint are capable of supporting a breach of contract action against the Club. Further, the Trails do not allege or argue that Eddie had a contract with the members of the Executive Committee in their official capacity or the Individual Defendants. Consequently, the trial court did not err by dismissing the Trails' breach of contract claim. See, e.g., Bee Window, 716 N.E.2d at 502 (<HOLDING>). II. Tortious Interference with a Contractual Options: A. holding that the trial court should have dismissed the employees breach of contract claim B. holding that a breach of contract claim was properly dismissed where plaintiff did not identify the contracts allegedly breached C. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract D. holding that trial court erred by dismissing breach of contract claim because appellee made promises to perform specific acts in contract the breach of which would give rise to a breach of contract action E. holding that if the federal claims are dismissed before trial the state claims should be dismissed as well

assistant: The best answer is A. holding that the trial court should have dismissed the employees breach of contract claim
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 separate crimes occurring on different days, involving different victims, to different terms of imprisonment. Therefore, we conclude that the sentences were not “consolidated” under the Sentencing Guidelines. III. As the evidence on the record strongly indicates that the cases are not related for the purposes of section 4A1.2, we must reluctantly conclude that the Defendant is properly characterized as a “career offender” under section 4B1.1 of the Guidelines. DONE AND ORDERED. 1 . We note that the Eleventh Circuit, sitting en banc, overturned a separate holding in Jones that bank tellers are particularly susceptible to offenses of larceny and thus are vulnerable victims under section 3A1.1 of the Guidelines. United States v. Morrill, 984 F.2d 1136 (11th Cir.1993) (en banc) (<HOLDING>). The portions that we are concerned with in Options: A. holding that it is error to certify class when named class representatives are not members of the class they purport to represent B. holding that bank tellers as a class are not vulnerable victims under 3a11 C. holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa D. holding that putative class members are not parties to an action prior to class certification E. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members

assistant: The best answer is B. holding that bank tellers as a class are not vulnerable victims under 3a11
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 exercise of this Stock Option will give rise to “wages” subje ct to withholding. Participant expressly acknowledges and agrees that Participant’s rights hereunder, including the right to be issued S hares upon exercise, are subject to Participant promptly remit ting to the Company in cash (or by such other means as may be acceptable to the Administrator in its discretion) any amounts determined by th e Company to be required to be wit hheld . No S hares will be transferred pursuant to the exercise of this Stock Option unless and until the person exercising this Stock Option has remitted to the Company an amount sufficient to satisfy any federal, state, or local withholding tax requirements, or has made other arrangements satisfactory to the Company with respect to such taxes. Participant authorizes the Company to withhold such amount from any amounts otherwise owed to Participant. T he Company may , at its option , withhold a sufficient number of S hares to satisfy the minimum federal, s tate and local tax withholding due and remit the balance o f the Shares to Participant . If this Stock Option is automatically exercised as provided in the last paragraph of Section 5 above or if Participant pays the Option Price through a “net exercise” of th is Stock Option as provided by Section 5 above, the minimum federal, state and local tax withholding due in connection with the exercise of this Stock Option shall be satisfied by the Company withholding a sufficient number of Shares to satisfy with minimum federal, state and local tax withholding due.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Nonetheless, we address each, of Appellants’ arguments. In their first argument, Appellants attempt to escape the preemptive effect of FIFRA by looking to the Act’s purpose, which they assert “is to regulate pesticide labeling to insure product safety.” Appellants characterize their action as one dealing with product efficacy and not product safety. This distinction is important, Appellants contend, because FIFRA preempts only those defective labeling cases involving product safety. It appears to us that the sole purpose of this argument is to distinguish the issues involved in this case from those disposed of by this court in Yowell. Appellants contend that Yowell involved only issues of product safety. To support their argument, Appellants cite authorities upp. 597 (D.Idaho 1994) (<HOLDING>). Because Appellants do not support their Options: A. holding that those state law claims specifically related to labeling and packaging are preempted by fifra B. holding that fifra preempts state law failure to warn claims C. holding that labelbased claims for damage to corn crop resulting from pesticides failure to control corn rootworms were preempted by fifra D. holding fifra preempts no commonlaw claims E. holding that labelbased claims for damage to potato crop resulting from failure of fungicide to control fungus and dry rot are preempted by fifra

assistant: The best answer is E. holding that labelbased claims for damage to potato crop resulting from failure of fungicide to control fungus and dry rot are preempted by fifra
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: Upon commencement of employment you will be asked to sign an agreement to acknowledge the confidential nature of all information disclosed in connection with your employment by the Company. You agree that in your work for the Company, you will not use or disclose any confidential information, including trade secrets of any current or former employer or third party to whom you have any obligation of confidentiality. You further agree that you can perform your duties to the Company without reliance on any such confidential information or trade secrets of any current or former employer or third party. You agree that you will not bring onto the Company’s premises, or transmit or store using any electronic communication equipment or computer network or system of the Company, any unpublished documents or property belonging to any current or former employer or third party to whom you have any obligation of confidentiality, including any documents or property containing confidential information or trade secrets. You represent and agree that in connection with your anticipated employment with the Company, including during your discussions with the Company, you (i) have not breached any restrictive covenant agreement to which you are bound, and (ii) have complied with all of your fiduciary obligations to any current or former employer or third party to whom you have any such obligations.

assistant: Confidentiality
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 is not required to obtain any Consent from, authorization or order of, or make any filing or registration with (other than Shareholder Approval and any filing that may be required by any state securities agencies), any court, governmental agency or any regulatory or self-regulatory agency or any other Person in order for it to execute, deliver or perform any of its respective obligations under, or contemplated by, the Transaction Documents, in each case, in accordance with the terms hereof or thereof. All consents, authorizations, orders, filings and registrations which the Company is required to obtain at or prior to the Closing have been obtained or effected on or prior to the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: their reliance on Brown seems misplaced because the Ninth Circuit’s opinion does not mention the nonjusticiability or nondiscrimination strands. The Supreme Court moreover has rejected the notion that agencies must “meaningfully review” rates under the filed rate doctrine. In Square D, the petitioners argued that the doctrine should not bar their antitrust claim because the ICC did not conduct a hearing before approving the disputed rates. Square D Co., 476 U.S. at 417 n. 19, 106 S.Ct. 1922. The Court, however, clarified that Keogh is not limited to situations where rates “ ‘had been investigated and approved by the ICC,’ ” but applied “ ‘whenever tariffs have been filed.’ ” Id. (quoting Square D Co., 760 F.2d at 1351); see also Montana-Dakota Utils. Co., 341 U.S. at 251, 71 S.Ct. 692 (<HOLDING>). Similarly, other courts of appeals have held Options: A. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine B. holding that the petitioner can claim no rate as a legal right other than the filed rate whether fixed or merely accepted by the agency commission C. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract D. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate E. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate

assistant: The best answer is B. holding that the petitioner can claim no rate as a legal right other than the filed rate whether fixed or merely accepted by the agency commission
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided in this Agreement, all Expenses incurred in connection with this Agreement and the transactions contemplated by this Agreement will be paid by the party incurring such Expenses, whether or not the Merger is consummated. Notwithstanding the foregoing, if this Agreement is terminated pursuant to Sections 8.1(d)(iii), 8.1(e)(ii) or 8.1(e)(iii), or for any of the reasons set forth in Section 8.4, then BVBC will pay to Heartland, within five Business Days of presentation by Heartland of reasonably detailed invoices for the same, all Expenses reasonably incurred by Heartland provided that the amount paid will not exceed $1,000,000, and, if this Agreement is terminated pursuant to Section 8.1(d)(ii), then Heartland will pay to BVBC, within five Business Days of presentation by BVBC of reasonably detailed invoices for the same, all Expenses reasonably incurred by BVBC provided that the amount paid will not exceed $1,000,000. As used in this Agreement, “ Expenses ” will consist of all out-of-pocket expenses (including all fees and expenses of counsel, accountants, investment bankers, experts and consultants to a party hereto and its Affiliates) incurred by a party in connection with or related to the authorization, preparation, negotiation, execution and performance of this Agreement, the solicitation of the approval of the Merger by holders of BVBC Common Stock and all other matters related to the consummation of the Merger.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Juan Antonio Gonzalez-Urena appeals from the district court’s judgment and challenges the 37-month sentence imposed following his guilty-plea conviction for attempted reentry of a removed alien, in violation of 8 U.S.C, § 1326. We have jurisdiction under 28 U.S.C, § 1291, and we affirm. ■ Gonzalez-Urena argues that his prior conviction under California Penal Code § 215 is not a crime of violence and, therefore, the district court erred in applying a 16-level enhancement under U.S.S.G. § 2L1.2(b)(l)(A)(ii) (2015). This claim is foreclosed. See United States v. Velasquez-Bosque, 601 F.3d 955, 963 (9th Cir. 2010) (<HOLDING>). As Gonzalez-Urena acknowledges, his argument Options: A. holding south carolina crime of criminal domestic violence of a high and aggravated nature was categorically a crime of violence under ussg 4b121 because its lesserincluded offense criminal domestic violence fell entirely within 4b12ls force clause B. holding that 215 is categorically a crime of violence for purposes of ussg 2l12 C. holding that robbery is a crime of violence for purposes of habitualoffender sentencing D. holding mailing a threatening letter was a crime of violence for the purposes of ussg 4b11 E. holding that california residential burglary is categorically a crime of violence under the residual clause of ussg 4b12a2 which requires the criminal conduct to present a serious potential risk of physical injury to another

assistant: The best answer is B. holding that 215 is categorically a crime of violence for purposes of ussg 2l12
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: As compensation for Executive’s performance of Executive’s duties hereunder, Company shall pay to Executive an initial Base Salary of $375,000 per year, payable in accordance with the normal payroll practices of the Company, less required deductions for state and federal withholding tax, social security and all other employment taxes and payroll deductions. The Base Salary shall be reviewed for increases by the Chief Executive Officer in good faith, based upon Executive’s performance, not less often than annually. The term “Base Salary” shall refer to the Base Salary as so increased by the Chief Executive Officer or the Board.

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 Buyer is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization. The Buyer has the necessary corporate power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby.

assistant: Powers
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: Employee is responsible for any and all federal, state, and local income, payroll or other tax obligations or withholdings (collectively, the “ Taxes ”) arising out of this Award. Employee shall pay any and all Taxes due in connection with a payout of Stock hereunder by check or by having the Company withhold shares of Stock from such payout. No later than April 15, _______, Employee must elect, on the election form attached hereto, how Employee will satisfy the tax obligations upon a payout. In the absence of a timely election by Employee, Employee’s tax withholding obligation will be satisfied through the Company’s withholding of shares of Stock as set forth above.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Department, subject to its developed guidelines, “to make monetary deductions from inmate personal accounts for the purpose of collecting restitution or any other court-ordered obligation — ” 42 Pa.C.S. § 9728(b)(5). This Court held that [t]he Legislature has hot provided an exception for gifts placed in an inmate’s personal account, and it does not require the Department to account for the source of all funds in an inmate’s personal account before making deductions. The personal account of an inmate may be derived from various sources, including wages, gifts and government benefits. The source of funds is of no moment. Danysh v. Dep’t of Corr., 845 A.2d 260, 263 (Pa.Cmwlth.2004) (emphasis added), aff'd, 584 Pa. 122, 881 A.2d 1263 (2005). Moreover, althoug 552 A.2d 750 (1989) (<HOLDING>). Thus, because “Act 84 allows the Department Options: A. holding that a plaintiff cannot assert a statutory claim for wages under the labor law if he has no enforceable contractual right to those wages B. holding that discriminatory pay reduction under fair labor standards act does not constitute continuing violation C. holding that a workfare participant is not an employee of a municipality for the purposes of workers compensation because participant neither received nor could have expected to receive remuneration or wages for the services that he performs D. holding that inmate remuneration for prison labor does not constitute wages under section 8127 of the judicial code E. holding that inmates have no constitutionally protected interest in the wages earned while in prison

assistant: The best answer is D. holding that inmate remuneration for prison labor does not constitute wages under section 8127 of the judicial code
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: v. McFarland, 127 Wn.2d 322, 333, 899 P.2d 1251 (1995); State v. Lynn, 67 Wn. App. 339, 345, 835 P.2d 251 (1992). ¶15 In analyzing the asserted constitutional interest, we do not assume the alleged error is of constitutional magnitude. Scott, 110 Wn.2d at 687. We look to the asserted claim and assess whether, if correct, it implicates a constitutional interest as compared to another form of trial error. See id. at 689-91. In instances where the allegation is that the defendant’s due process rights were violated because he or she was denied a fair trial, the court will look at the defendant’s allegation of a constitutional violation, and the facts alleged by the defendant, to determine whether, if true, the defendant’s constitutional right to a fair trial has been violated. See id. (<HOLDING>). ¶16 After determining the error is of Options: A. holding because nothing in the constitution requires the meaning of particular terms in a jury instruction to be specifically defined the defendants unpreserved claim regarding the jury instructions did not constitute constitutional error and thus was not properly preserved for appellate review B. holding that the plain error and harmless error standards of review merge in the ease of jury instructions because the duty to properly instruct the jury lies with the trial court C. holding that defendants issue regarding the constitutionality of two jury instructions was not preserved because defendant failed to object with specificity in the trial court below D. holding that failure to request jury instruction about manner in which evidence was obtained was not error and thus did not constitute ineffective assistance because defendant was not entitled to instruction E. holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error

assistant: The best answer is A. holding because nothing in the constitution requires the meaning of particular terms in a jury instruction to be specifically defined the defendants unpreserved claim regarding the jury instructions did not constitute constitutional error and thus was not properly preserved for appellate review
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 by such Commitment Party of this Agreement and the other Transaction Agreements to which it is a party, the compliance by such Commitment Party with the provisions hereof and thereof and the consummation of the transactions contemplated herein and therein will not (a) result in any violation of the provisions of the organization or governing documents of such Commitment Party, or (b) result in any violation of any Law or Order applicable to such Commitment Party or any of its properties.

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 case excerpt and choose the best holding from the options. Case excerpt: in 2006, OxBlue utilized a script to gather confidential information from EarthCam’s customers’ webpages, including customer names, camera names, images from customer cameras, the URL to the image for each camera, and the date and time stamped on the last image taken from a camera. The OxBlue Defendants dispute that the script accomplished what EarthCam argues. Even if the Court assumes that the script accessed all of the information alleged—even though there is no evidence it did—EarthCam has the burden to show that the customer information gathered in 2006 “(1) derive[s] economic value from being a secret not readily ascertainable by proper means, and (2) [ ] [is] the subject of reasonable efforts to maintain its secrecy.” Vito v. Inman, 286 Ga.App. 646, 649 S.E.2d 753, 757 (2007) (<HOLDING>). EarthCam is “required to prove both prongs to Options: A. holding that plaintiff failed to meet his burden of proof because he offered absolutely no evidence to support his claim that the costs of arbitration will deny him an effective forum to vindicate his statutory rights B. holding that the plaintiffs customer list was not a trade secret in part because there was no evidence that by the nature of the plaintiffs business extraordinary effort was involved in compiling the customer list C. holding that plaintiff failed to prove both prongs because he admitted that his competitors would not seek to use the customer list to take his patients from him D. holding that the plaintiff presented sufficient evidence to create a genuine issue of material fact that its customer list was a trade secret because the plaintiff presented evidence that the list took ten years and great expense to the company to develop E. holding former employee could properly use recollection of customer information where he did not otherwise misappropriate an actual customer list

assistant: The best answer is C. holding that plaintiff failed to prove both prongs because he admitted that his competitors would not seek to use the customer list to take his patients from him
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: you hereby acknowledge and agree that if you ( i ) desire to post ( as defined below ) a user video to any external sites ; or ( ii ) use a user video for any commercial purpose , then , in each case , you must obtain all necessary consents from each owner of any third party content included in your user video , including creators in the event you incorporated any user content in a collaborative ugv .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower has full power, authority and legal right to enter into this Amendment and to perform all its respective Obligations hereunder and under the Other Documents (as amended or modified hereby). This Amendment has been duly executed and delivered by such Person, and this Amendment constitutes the legal, valid and binding obligation of such Person enforceable in accordance with its terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, moratorium or similar laws affecting creditors’ rights generally. The execution, delivery and performance of this Amendment (a) are within such Person’s corporate, limited liability company or limited partnership powers (as applicable), have been duly authorized by all necessary company or partnership (as applicable) action, are not in contravention of law or the terms of such Person’s operating agreement, bylaws, partnership agreement, certificate of formation, articles of incorporation or other applicable documents relating to such Person’s formation or to the conduct of such Person’s business or of any material agreement or undertaking to which such Person is a party or by which such Person is bound, (b) will not, in any material respect, conflict with or violate any law or regulation, or any judgment, order or decree of any Governmental Body, (c) will not require the Consent of any Governmental Body or any other Person, except those Consents which have been duly obtained, made or compiled prior to the date hereof and which are in full force and effect or except those which the failure to have obtained would not have, or could not reasonably be expected to have a Material Adverse Effect and (d) will not conflict with, nor result in any breach in any of the provisions of or constitute a default under or result in the creation of any Lien except Permitted Encumbrances upon any asset of any Borrower or Guarantor under the provisions of any material agreement, charter document, operating agreement or other instrument to which any Borrower or Guarantor is a party or by which it or its property is a party or by which it may be bound.

assistant: Authority
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, the rights and obligations of the Parties under it, and any claims or disputes relating thereto will be governed by and construed in accordance with the laws of the State of New York (without regard to its choice of law provisions), other than rights and obligations (and related claims and disputes) under Section 8 (Indemnification), which will be governed by Maryland law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement has been duly and validly authorized, executed and delivered on behalf of Investor and shall constitute the legal, valid and binding obligations of Investor enforceable against Investor in accordance with its terms, except as such enforceability may be limited by general principles of equity or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.

assistant: Enforcements