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: withdraw guilty pleas. See Rules 4.1-4.4 of the Rules of the Oklahoma Court of Criminal Appeals. 19 . King v. State, 553 P.2d 529, 532 (Okla.Crim.App.1976) ("We have, in the past, repeatedly emphasized the serious remifications [sic] of an accused’s plea of guilty and the necessity of an adequate record reflecting compliance with procedures articulated by this Court to insure an accused’s plea of guilty is voluntarily and intelligently entered as mandated by the United States Supreme Court in Boykin v. Alabama, 20 . Although Crofford filed his petition pro se, yet another new attorney (his fourth by our calculation) entered his appearance and filed a brief in support of Crofford’s original § 2254 petition. 21 . Boykin v. Alabama, 395 U.S. 238, 244, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) (<HOLDING>). 22 . In addition, Crofford contends the first Options: A. recognizing that a voluntary and understanding guilty plea entered without the benefit of a plea bargain waives all nonjurisdictional defects that occurred before the entry of the plea B. holding defendant must have a full understanding of what the plea connotes and its consequences C. holding that an attorney is required to advise a defendant of the direct consequences of a plea and will not be found ineffective for failing to advise of collateral consequences of the plea D. holding that where a defendant acknowledged awareness of the consequences of his plea agreement counsels erroneous explanation of the consequences was not prejudicial E. holding that a defendant must have knowledge of the likely consequences of entering the guilty plea in order for a plea to be voluntary and knowing

assistant: The best answer is B. holding defendant must have a full understanding of what the plea connotes and its consequences
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: attorney is insufficient to show ‘good cause,’ then reliance on another defendant and his attorney is equally .insufficient.” Owens contends the master’s reliance on Pilgrim was an error of law because Pilgrim was vacated by our supreme court. We agree with Owens that Pilgrim was vacated on April 25, 2003. See Bage, LLC v. Se. Roofing Co. of Spartanburg, Inc., 383 S.C. 489, 490, 681 S.E.2d 867 (2009) (noting the parties in Pilgrim settled while the petition for certiorari was pending before our supreme court; therefore, the decision was vacated). However, the master’s reliance on Pilgrim was not an error justifying reversal because the proposition for which Pilgrim stands was not overturned by the court and remains the law of this state. See Sundown, 383 S.C. at 609, 681 S.E.2d at 889 (<HOLDING>). CONCLUSION Based on the foregoing, we find Options: A. holding an attorney is an agent of the client and therefore cannot conspire with the client B. holding that when an attorney represents multiple clients and a dispute between the attorney and one client later occurs there is a waiver of the privilege but only by the client asserting the liability C. holding that an attorney may only undertake to represent a new client against a former client where there is no confidential information received from the former client that is in any way relevant to representation of the current client D. holding the law is clear that an attorney or insurance companys misconduct is imputable to the client E. holding client is not liable for actions of attorney who misled client as to the status of case

assistant: The best answer is D. holding the law is clear that an attorney or insurance companys misconduct is imputable to the client
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No approval, consent, exemption, authorization, or other action by, or notice to, or filing with, any Governmental Authority or any other Person is necessary or required in connection with the execution, delivery or performance by, or enforcement against, any Credit Party of this Agreement, any other Note Document or the consummation of the transactions contemplated hereby or thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Second Amendment shall be effective automatically and without necessity of any further action by Borrower, Administrative Agent or Lenders when counterparts hereof have been executed by Borrower, Administrative Agent and the Required Lenders, and all conditions to the effectiveness hereof set forth herein have been satisfied.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower and its Restricted Subsidiaries (i) filed or caused to be filed all federal, state, provincial and other tax returns that are required to be filed and (ii) paid all taxes shown to be due and payable on said returns and all other taxes, fees or other charges imposed on it or any of its Property by any Governmental Authority (other than any the amount or validity of which are currently being contested in good faith by appropriate proceedings and with respect to which any reserves required in conformity with GAAP have been provided on the books of the Borrower or such Restricted Subsidiary, as the case may be), except in each case where the failure to do so would not reasonably be expected to have a Material Adverse Effect. There is no proposed tax assessment against the Borrower or its Restricted Subsidiaries that, if made, could reasonably be expected to result in a Material Adverse Effect. Neither the Borrower nor any of its Restricted Subsidiaries has ever been a party to any understanding or arrangement constituting a “tax shelter” within the meaning of Section 6662(d)(2)(C)(iii) of the Code or within the meaning of Section 6111(c) or Section 6111(d) of the Code as in effect immediately prior to the enactment of the American Jobs Creation of 2004, or has ever “participated” in a “reportable transaction” within the meaning of Treasury Regulation Section 1.6011-4, except as could not be reasonably expected to, individually or in the aggregate, result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Administrative Agent, each Lender and Borrower acknowledge that each of them has had the benefit of legal counsel of its own choice and has been afforded an opportunity to review the Loan Documents with its legal counsel and that the Loan Documents shall be constructed as if jointly drafted by Administrative Agent, each Lender and Borrower.

assistant: Construction
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 inure to the benefit of and be binding upon the Buyer and Seller and their successors. Nothing expressed in this Agreement is intended to give any person other than the persons mentioned in the preceding sentence any legal or equitable right, remedy or claim under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Sell, lease or otherwise dispose of all or any substantial part of assets, acquire assets of any corporation, partnership or other organization other than in the ordinary course of business, nor, permit any change in the ownership or control of the Borrower. If a change in management of the Borrower occurs resulting in Alexander Shen or Thomas Sammons no longer serving in their respective capacities as President/Chief Executive Officer and Treasurer/Chief Financial Officer of the Borrower, until the Obligations are paid in full, Borrower shall obtain Bank's consent of the replacement of any such officer, which consent shall not be unreasonably withheld, conditioned or delayed.

assistant: Change In Control
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: U.S.S.G. § 3E1.1, cmt. n. 5. As noted, Mr. Amores pled guilty to two counts, but went to trial on the other three counts in the indictment. At the sentencing, the district judge denied a downward departure because Mr. Amores “required the government to go to trial on three counts, disputing the government’s factual basis for a conviction.” Ill R. at 14. Adjustments are not proper where a defendant “puts the government to its burden of proof at trial by denying the essential factual elements of guilt.” U.S.S.G. § 3E1.1, cmt. n. 2. Although there are “rare situations” where a defendant may exercise his right to proceed to trial and still be found to have demonstrated an acceptance of responsibility for his conduct, this is not such a case. Id.; see Gauvin, 173 F.3d at 806 (<HOLDING>). The district court’s determination was not Options: A. recognizing a remmer presumption but noting that sometimes the circumstances are such that the remmer presumption does not even apply B. recognizing that such adjustments are rare C. recognizing rule D. recognizing change E. holding that such provisions are valid

assistant: The best answer is B. recognizing that such adjustments are rare
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: or [2] operated to change materials to a ‘different state or thing.’ ” See PTO Supp. Br. 4 (quoting Flook, 437 U.S. at 588 n. 9, 98 S.Ct. 2522). In Diehr, the Supreme Court confirmed that a process claim reciting an algorithm could state statutory subject matter if it: (1) is tied to a machine or (2) creates or involves a composition of matter or manufacture. 450 U.S. at 184, 101 S.Ct. 1048. There, in the context of a process claim for curing rubber that recited an algorithm, the Court concluded that “[t]ransformation and reduction of an article ‘to a different state or thing’ is the clue to the patentability of a process claim that does not include particular machines.” Id (quoting Benson, 409 U.S. at 70, 93 S.Ct. 253); see also In re Schrader, 22 F.3d 290, 295 (Fed.Cir.1994) (<HOLDING>). Thus, a claim that involves both a mental Options: A. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract B. holding that petitioners allegation of a due process violation was precisely the kind of procedural error which requires exhaustion C. holding when a claim does not invoke a machine 101 requires some kind of transformation or reduction of subject matter D. holding consent is irrelevant and estoppel does not apply when subject matter jurisdiction is in question E. holding that premium reduction was legal where the insured had given consideration for reduction

assistant: The best answer is C. holding when a claim does not invoke a machine 101 requires some kind of transformation or reduction of subject matter
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 his locker that would entitle him to Fourth Amendment protection against the search of the locker because prison officials examined and inventoried the contents of the locker when items were added or removed. That the State’s motive in conducting the search differs from the state’s motive in Hudson is irrelevant to the determination of whether the prisoner had a reasonable expectation of privacy in the area searched. The search of the locker did not violate the Fourth Amendment. [¶ 21] Because the authorities legally searched O’Rourke’s jail locker, O’Rourke cannot prevail on his contention that the search of Davila’s residence resulted from information illegally obtained during an unlawful search. See Wong Sun v. United States, 371 U.S. 471, 484, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963) (<HOLDING>). C. Other Issues [¶ 22] After considering Options: A. holding that hearsay evidence may be considered on summary judgment if the same evidence would be admissible in another form at trial B. holding that evidence that would normally be admissible may be excluded if the evidence was a direct or indirect product of an unlawful search C. holding that evidence that would not have been obtained but for an unlawful search must be excluded as fruit of the poisonous tree D. holding that ijnadmissible evidence may be material if the evidence would have led to admissible evidence E. holding that direct and indirect evidence from unlawful searches is inadmissible

assistant: The best answer is B. holding that evidence that would normally be admissible may be excluded if the evidence was a direct or indirect product of an unlawful search
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Notwithstanding the return or destruction of Evaluation Material, Investor will continue to be bound by its obligations of confidentiality hereunder respecting Evaluation Material, including without limitation, with respect to oral Evaluation Material and their obligation not to use any Evaluation Material for any purpose other than as specifically permitted in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Your starting base salary will be $450,000 per annum (“Base Salary”), which will be paid (less applicable withholding) in accordance with Meira’s then-current payroll policy. Meira currently pays its employees on a bi-weekly basis. Your Base Salary shall be reviewed annually for possible increase, but not decrease, and any increased amount shall be the Base Salary for purposes of this letter.

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: This Agreement, and all references, documents, or instruments referred to herein, contains the entire agreement and understanding of the Parties in respect to the subject matter contained herein. The Parties have expressly not relied upon any promises, representations, warranties, agreements, covenants, or undertakings, other than those expressly set forth or referred to herein. This Agreement supersedes (i) any and all prior written or oral agreements, understandings, and negotiations between the Parties with respect to the subject matter herein; and, (ii) any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

assistant: Entire Agreements
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 is a matter intimately connected with the efficacy of the bankruptcy proceeding. We add, moreover, that in the case of a liquidating plan of reorganization, there exists a substantial policy interest in favor of adhering to the general rule governing related to jurisdiction: the strong federal policy in favor of the expeditious liquidation of debtor corporations and the prompt distribution of available assets to creditors. See In re Holiday Mart, Inc., 715 F.2d 430, 435 (9th Cir.1983); In re Cartridge Television, Inc., 535 F.2d 1388, 1390 (2d Cir.1976). This policy is furthered by concentrating in a single forum any litigation that will impede or advance that goal. The existence vel non of related to jurisdiction must be determined case-by-case. See Pegasus Gold, 394 F.3d at 1194 (<HOLDING>). The language of the jurisdictional statute, Options: A. recognizing that federal removal jurisdiction is determined by the amount of damages a plaintiff seeks B. holding that related provisions should be read together C. recognizing that in certain circumstances inquiry notice may be determined as a matter of law D. holding issues related to subject matter jurisdiction may be raised at any time E. recognizing that postconfirmation related to jurisdiction should be determined with a certain flexibility

assistant: The best answer is E. recognizing that postconfirmation related to jurisdiction should be determined with a certain flexibility
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 Section 6.7(b) , nothing contained herein shall prohibit or in any way limit any First Lien Collateral Agent or any other First Lien Claimholder from objecting in any Insolvency or Liquidation Proceeding or otherwise to any action taken by any Second Lien Collateral Agent or any other Second Lien Claimholders, including the seeking by any Second Lien Collateral Agent or any other Second Lien Claimholders of adequate protection or the asserting by any Second Lien Collateral Agent or any other Second Lien Claimholders of any of its rights and remedies under the Second Lien Financing Documents or otherwise. Without limiting the foregoing, notwithstanding anything herein to the contrary, the First Lien Claimholders shall not be deemed to have consented to, and expressly retain their rights to object to, the grant of adequate protection in the form of cash payments to the Second Lien Claimholders made pursuant to Section 6.3(b) .

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 legal provision and list the applicable contract clause categories. Provision: There are no actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened in writing against the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to result, individually or in the aggregate, in a Material Adverse Effect.

assistant: Litigations
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: Given her admissions, which are described above, the Court finds that Plaintiffs interests “ ‘are so marginally related to or inconsistent with the purposes implicit in the [TCPA] that it cannot reasonably be assumed that Congress intended to permit the suit.’ ” Id. (quoting Clarke, 479 U.S. at 399, 107 S.Ct. 750). Indeed, it is unfathomable that Congress considered a consumer who files TCPA actions as a business when it enacted the TCPA as a result of its “outrage over the proliferation of prerecorded telemarketing calls to private residences, which consumers 'regarded as an intrusive invasion of privacy and a nuisance.” Leyse, 804 F.3d at 325 (internal quotations and alterations omitted). Because Plaintiff does not have “the sort of interest in privacy, 17, 2011 WL 1812496, at *6-7 (<HOLDING>) (internal quotations omitted) (emphasis Options: A. holding that the plaintiffs did not fall within the zone of interests protected by the tcpa because they attempted to use the statute in a way not intended or contemplated by congress and because their damages are not of the vexatious and intrusive nuisance nature sought to be redressed by congress in enacting the tcpa B. holding that the plaintiff did not have standing because it was not able to demonstrate how its economic interests fell within the zone of interests protected by the nhpa C. holding that relative to the threat that she posed physically separating tina cortez from her telephone taking her by the arm escorting her from her home taking the keys to her home and locking the door and placing her in the locked back seat of a patrol car was excessive force as well as an unlawful seizure under the fourth amendment D. holding that the plaintiff had prudential standing because her interests in avoiding harassment via the telephone line installed in her home are not so marginally related to or inconsistent with the purposes implicit in the statute that they fail to fall within the tcpas zone of interests E. holding the defendant does not possess statutory standing to attack the subpoena because he has not demonstrated that he was within the zone of interests intended to be protected by 876a

assistant: The best answer is D. holding that the plaintiff had prudential standing because her interests in avoiding harassment via the telephone line installed in her home are not so marginally related to or inconsistent with the purposes implicit in the statute that they fail to fall within the tcpas zone of interests
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 Administrative Agent shall have received (i) evidence in form and substance reasonably satisfactory to it that all of the insurance-related requirements of Section 7.5 hereof and Section 5(q) of the U.S. Security Agreement and Section 5(p) of the Canadian Security Agreement, as applicable, shall have been satisfied and (ii) evidence that the premiums then due and payable on each insurance policy have been paid, and with respect to flood insurance policies, (A) they shall be endorsed or otherwise amended to include a “standard” or “New York” lender’s loss payable or mortgagee endorsement (as applicable), (B) shall name the Co-Collateral Agents as additional insured or loss payee, as applicable, (C) shall (x) identify the addresses of each property located in a special flood hazard area or, in the case of Mortgaged Property located in Canada, a flood plain, (y) indicate the applicable flood zone designation, the flood insurance coverage and the deductible relating thereto and (z) provide that the insurer will give the Collateral Agent 45 days written notice of cancellation or non-renewal.

assistant: Insurances
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: Feb.9, 2005). We need not reach this argument, however, because Outlook has not raised it and has not put forth any defenses that it would be able to assert but for the clause making the agreement “absolute and unconditional.” Instead, Outlook asserts through the affirmative defense of fraud in the inducement and a counterclaim of fraudulent misrepresentation that fraudulent misrepresentations caused it to enter the agreement. This was the only argument made by Outlook both in resistance to summary judgment before the district court and reasserted on appeal. Because this is a defense to contract formation, it may be raised despite the hell-or-high-water clause or a waiver-of-defenses clause. See Colo. Interstate Corp. v. CIT Group/Equip. Fin., Inc., 993 F.2d 743, 749 (10th Cir.1993) (<HOLDING>); Uniform Commercial Code § 2A-407, cmt. 5 Options: A. holding state law fraud and deceit claims to be preempted B. holding hellorhighwater clause enforceable in the absence of fraud or deceit C. holding that in the context of federal immigration law the amount of loss to the victim of fraud or deceit does not refer to an element of the fraud or deceit but rather refers to the particular circumstances in which an offender committed fraud or deceit D. holding rla duty of fair representation claim preempts identical state law claims of fraud and deceit E. holding that promissory estoppel is applicable only in the absence of an enforceable contract

assistant: The best answer is B. holding hellorhighwater clause enforceable in the absence of fraud or deceit
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: there are no allegations of wrongdoing for which John Doe 2 could be considered liable. Additionally, plaintiffs conelusory allegations that this “medical entity” failed in its supervisory responsibilities, with no facts to support this claim, are insufficient to state a claim against John Doe 2. Accordingly, plaintiffs claims against defendant John Doe 2, Employer/Agent for medical staff at Upstate C.F., will be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b) for failure to state a claim upon which relief may be granted. 17.Forced Medication The Fourteenth Amendment protects the right of a competent-person to refuse unwanted medical treatment. See, e.g., Cruzan v. Director, Mo. Dep’t of Health, 497 U.S. 261, 278, 110 S.Ct. 2841, 111 L.Ed.2d 224 (1990) (<HOLDING>). The Second Circuit has held, moreover, that Options: A. recognizing a competent persons constitutionally protected liberty interest in refusing lifesaving medical intervention B. holding that under article i section 9 a person has no constitutionally protected privacy interest in abandoned property C. recognizing principle D. recognizing the principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment E. holding that a child has a substantial liberty interest in not being confined unnecessarily for medical treatment under the fourth amendment

assistant: The best answer is D. recognizing the principle that a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment
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: Interest on the outstanding principal amount of the Line of Credit shall accrue at a rate equal to eleven percent (11%) per annum, compounded quarterly (the “ Interest Rate ”), and shall be payable on the last day of each calendar month until the repayment in full of all Obligations, the termination of this Agreement and cancellation of the Note.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of innocence until proven guilty beyond a reasonable doubt were adequate clarifications of the challenged instructions. Id. Similar considerations exist in the present case. Instructions 6 and 8 clarify any issues involving the word “innocence” in Instructions 2, 4, and 5. Instruction 6 explains that the State has the burden to show the defendant was guilty beyond a reasonable doubt. Instruction 8 again provides that the burden is on the State to prove guilt beyond a reasonable doubt and also defines reasonable doubt for the jury. Because Instructions 2, 4, and 5 were clarified by Instructions 6 and 8 and therefore were not prejudicial to the defendant, trial counsel was not ineffective for failing to object to the instructions. See State v. Hochmuth, 585 N.W.2d 234, 238 (Iowa 1998) (<HOLDING>). We have considered all issues presented and Options: A. holding that counsel cannot be deemed ineffective for failing to raise a meritless claim B. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel C. holding that an attorney is not ineffective for failing to make a meritless objection D. holding that counsel was not deficient in failing to present a meritless argument E. holding trial counsel was not ineffective for failing to pursue a meritless issue

assistant: The best answer is E. holding trial counsel was not ineffective for failing to pursue a meritless issue
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 HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE TERMINATION, THE TRANSACTION DOCUMENTS AND OTHER TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE EITHER OF SUCH WAIVERS, (B) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF SUCH WAIVERS, (C) IT MAKES SUCH WAIVERS VOLUNTARILY, AND (D) IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 17 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The errors all occurred within a three-year period before the incident in question. Viewing this evidence in the light most favorable to Shari, we conclude the jury could reasonably infer that Walgreen had a serious problem in this regard, knew it had the problem, but did not take adequate steps to correct it. What made Walgreen’s conduct particularly egregious, however, was its failure to warn Shari or her doctors of the serious adverse side effects associated with Paxil and the abrupt discontinuance of the drug. Walgreen learned of the error twelve days before Shari’s second fall. However, contrary to pharmacy standards and its own policy manual, Walgreen neglected to warn Shari or her family of such adverse side effects. See Burke v. Bean, 363 S.W.2d 366, 368 (Tex.Civ.App.1962) (<HOLDING>). Viewing the evidence in the light most Options: A. holding that failure to warn plaintiff of error in filling her prescription was sufficient evidence of conscious indifference to plaintiffs rights to support an award for punitive damages B. holding merely that the evidence was sufficient to support the award of attorneys fees C. holding a court may not award punitive damages D. holding that a failure to warn was not a policy judgment E. holding that evidence of a defendants financial condition is a prerequisite to an award of punitive damages

assistant: The best answer is A. holding that failure to warn plaintiff of error in filling her prescription was sufficient evidence of conscious indifference to plaintiffs rights to support an award for punitive damages
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 Amendment shall be effective upon the execution hereof by all Members and the exercise of the Warrant in accordance with its terms (the “ Effective Date ”). Except as expressly provided to the contrary in this Amendment, all provisions of the Operating Agreement remain in full force and effect. In the event of any inconsistency or conflict between the provisions of the Operating Agreement and this Amendment, the provisions of this Amendment will prevail and govern. All references to the Operating Agreement or in any exhibit or schedule thereto shall hereinafter refer to the Operating Agreement as amended by this Amendment.

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 legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, immediately after the consummation of the Transactions to occur on the Effective Date, the (a) fair value of the assets of the Borrower and the Restricted Subsidiaries, taken as a whole, at a fair valuation, will exceed their debts and liabilities, subordinated, contingent or otherwise, (b) present fair saleable value of the property of the Borrower and the Restricted Subsidiaries, taken as a whole, will be greater than the amount that will be required to pay the probable liability of their debts and other liabilities, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured, (c) Borrower and the Restricted Subsidiaries, taken as a whole, will be able to pay their debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured and (d) Borrower and the Restricted Subsidiaries, taken as a whole, will not have unreasonably small capital with which to conduct the business in which they are engaged as such business is now conducted and is proposed to be conducted following the Effective Date. For purposes of this Section, the amount of contingent liabilities at any time shall be computed as the amount that, in light of all the facts and circumstances existing at such time, represents the amount that can reasonably be expected to become an actual or matured liability.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the terms `` headspace , '' `` us '' or `` we '' refers to headspace , inc. and its wholly owned uk based subsidiary , headspace meditation limited .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: V.I. Gov’t Hosp. & Health Facilities Corp. v. Gov’t of the V.I., 50 V.I. 276, 280 (V.I. 2008) (citing Dennis v. Luis, 741 F.2d 628, 630 (3d Cir. 1984)) “this Court.. . [is] not [an] Article IE court[.]” Arlington Funding v. Geigel, 51 V.I 2d 1095, 1099 (2007) (allowing appeal of expired domestic violence restraining order due to reputational harm and “because it [was] reasonably possible that adverse collateral consequences may occur.”); James v. Hubbard, 21 S.W.3d 558, 560 (Tex. App. 2000) (“Although expired temporary protective orders and restraining orders have been considered moot, none of these cases has carried the same social stigma as a protective order granted based on a finding of family violence”); In re Interest of H.Q., 152 Wis. 2d 701, 449 N.W.2d 75, 77-78 (1989) (<HOLDING>). 5 We note that the first example of counsel Options: A. holding that challenge to oneyear order for protection was not moot even though it had expired B. holding appeal from abuse prevention order not moot due to orders expiration because of collateral consequences including effect in future proceedings and stigma C. holding that a first amendment challenge to an expired restraining order which had enjoined a rally was not moot D. holding that the district court did not abuse its discretion when it modified a protective order after settlement to permit public access to pretrial materials in spite of a protective order to the contrary which it viewed as having had been initially justified E. holding expired child abuse protective order not moot because of possible effect on future custody determinations

assistant: The best answer is E. holding expired child abuse protective order not moot because of possible effect on future custody determinations
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: Buyer shall protect, defend, indemnify and hold Seller harmless from the payment of any judgments, claims, costs, expenses and liabilities (“Damages”), whether direct, contingent or otherwise, assessed against Seller which are payable with respect to the ownership or operation of the Leases from and after the Closing Date. Seller shall protect, defend, indemnify and hold Buyer harmless from the payment of any and all Damages, whether direct, contingent or otherwise assessed against Buyer or Seller which are payable with respect to the ownership or operation of the Leases prior to the Closing Date.

assistant: Indemnifications
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 Second Amendment may be executed by facsimile and in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. This Second Amendment shall be governed by, and construed in accordance with, the law of the State of New York.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall (a) execute and deliver, or shall cause to be executed and delivered, such documents, certificates, agreements, and other writings and shall take, or shall cause to be taken, such further actions as may be reasonably required or requested by any Party to carry out the provisions of the Transaction Agreements and consummate or implement expeditiously the transactions contemplated by the Transaction Agreements and (b) refrain from taking any actions that could reasonably be expected to impair, delay or impede the Closing. After the Closing, each of the Parties shall cooperate with the other Parties by taking such further actions, furnishing any additional information and executing and delivering any additional documents as may be reasonably requested by the other Parties to further perfect or evidence the consummation of, or otherwise implement, any transaction contemplated by this Agreement or the other Transaction Agreements, or to aid in the preparation of any regulatory filing or financial statement; provided , however , that any such additional documents must be reasonably satisfactory to each of the Parties and not impose upon any Party any material liability, risk, obligation, loss, cost or expense not contemplated by this Agreement or the other Transaction Agreements.

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: 446 (1984). 32 . Evitts, 469 U.S. at 392-93, 105 S.Ct. at 834; Douglas v. Cal, 372 U.S. 353, 357-58, 83 S.Ct. 814, 816-17, 9 L.Ed.2d 811(1963). 33 . Douglas, 372 U.S. at 355-58, 83 S.Ct. at 815-17. 34 .Id. at 358, 83 S.Ct. at 817. 35 . Evitts, 469 U.S. at 393-97, 105 S.Ct. at 834-37. 36 . Id. at 400-01, 105 S.Ct. at 838. 37 . Id. at 396, 105 S.Ct. at 836. 38 . See M.L.B., 519 U.S. at 110-11, 117 S.Ct. at 560-61; Douglas, 372 U.S. at 358, 83 S.Ct. at 817; Evitts, 469 U.S. at 396, 400-01, 105 S.Ct. at 836, 838. 39 . Lassiter, 452 U.S. at 26-27, 101 S.Ct. at 2159-60. 40 . Id. at 27, 101 S.Ct. at 2159 (citing Mathews, 424 U.S. at 335, 96 S.Ct. at 903). 41 . Id. at 27, 101 S.Ct. at 2159-60. 42 . Id. at 27, 101 S.Ct. at 2160. 43 . Santosky, 455 U. (Tex.App.-San Antonio 2000, pet. denied) (<HOLDING>). 64 . S.C.D. v. Etowah County Dep’t of Human Options: A. holding indigent mothers due process rights were not violated by trial courts failure to appoint attorney ad litem for her until six months after parental termination suit was filed against her where counsel was appointed giving mother a year to prepare for trial when department of protective and regulatory services made clear its intent to pursue dualtrack of both termination and reunification B. holding that though the mother admitted that there were grounds to support termination of her parental rights the benefits of allowing the mothers relationship with her teenage daughter to continue were too palpable and the benefits of severing it too speculative for us to agree that the state had shown by clear and convineing evidence that termination was in the best interest of the child C. holding that the recommendations of the childrens caseworker and guardian ad litem coupled with evidence of the mothers extensive drug history her incompletion of courtordered services and testimony that the children were happy and doing well in their foster homes were sufficient for the trial court to determine that termination of parental rights was in the childrens best interest D. holding mothers due process rights were not violated when her appointed counsel was allowed to withdraw and hearing was held without mother because the record showed mother did not inform counsel of her whereabouts after moving thereby frustrating counsels efforts to contact her and because mother was properly served with notice of the termination hearing E. recognizing that the department is required to present clear and convincing evidence to support termination of a parents parental rights

assistant: The best answer is A. holding indigent mothers due process rights were not violated by trial courts failure to appoint attorney ad litem for her until six months after parental termination suit was filed against her where counsel was appointed giving mother a year to prepare for trial when department of protective and regulatory services made clear its intent to pursue dualtrack of both termination and reunification
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: can be considered even if child living elsewhere at time of events). Between December 2006 and September 2007, she was kicked out of the Rose Home shelter for violent conduct, she then attempted suicide, and then resided at various points in time in a hospital, in a shelter, or was homeless. Although none of her conduct at that time was directed at harming R.A., endangering conduct is not limited to actions directed toward the child. See In re J.I.T.P., 99 S.W.3d at 844 (endangering acts need not be directed at or actually cause injury to child). The trial court could reasonably determine that Jordan’s propensity for violence against herself and others, want of self control, and transient lifestyle would endanger R.A. by giving him a life of instability and uncertainty. See id. at 845 (<HOLDING>); In re N.S.G., 235 S.W.3d at 358, 367 Options: A. holding that certifications of parent and child regarding her desire to live with her father were sufficient to warrant a plenary hearing B. holding that mother could not be charged with criminal endangering the welfare of her child based upon prenatal acts of smoking cocaine C. holding mothers drug use during pregnancy and after child was removed from her care in face of random drug testing that placed her relationship with child at risk was legally and factually sufficient evidence that she engaged in course of conduct which endangered her child D. holding trial court could have considered mothers desire to hurt herself and her history of noncompliance with her medication schedule as factors endangering child E. holding that the defendant mother could not be charged with endangering the welfare of a child based upon prenatal acts endangering an unborn child

assistant: The best answer is D. holding trial court could have considered mothers desire to hurt herself and her history of noncompliance with her medication schedule as factors endangering child
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: All notices and other communications given or made pursuant hereto shall be in writing and shall be (a) delivered by messenger, (b) delivered by a recognized overnight courier service, (c) sent by registered or certified mail (postage prepaid, return receipt requested) or (d) sent by facsimile communication (with a copy thereof delivered in accordance with clause (a), (b) or (c) of this Section 14(g)) to the parties at their respective addresses set forth in the preamble hereto, or to such other persons or at such other addresses as shall be furnished by like notice to the other party, and such notice or other communication shall be deemed to have been given or made as of the date so delivered or received.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For purposes of determining Lenders' obligations or rights to fund, participate in or receive collections with respect to Loans, Administrative Agent may in its discretion reallocate Pro Rata shares by excluding a Defaulting Lender's Commitments and Loans from the calculation of shares. A Defaulting Lender shall have no right to vote on any amendment, waiver or other modification of a Loan Document, except as provided in Section 15.1.1(c) .

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: This Warrant and all rights, obligations and liabilities hereunder shall be governed by, and construed in accordance with, the internal laws of the State of Nevada, without giving effect to the conflicts-of-law principles thereof. Any action brought by either party against the other concerning the transactions contemplated by this Warrant shall be brought only in the state and/or federal courts located in San Diego, California.

assistant: Governing Laws