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 execution, delivery and performance of this Agreement, the Notes by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance and reservation for issuance of the Conversion Shares) will not (i) conflict with or result in a violation of any provision of the Articles of Incorporation or by-laws, or (ii) violate or conflict with, or result in a breach of any provision of, or constitute a default (or an event which with notice or lapse of time or both could become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture, patent, patent license or instrument to which the Company or any of its subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations and regulations of any self-regulatory organizations to which the Company or its securities are subject) applicable to the Company or any of its subsidiaries or by which any property or asset of the Company or any of its subsidiaries is bound or affected (except for such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as would not, individually or in the aggregate, have a material adverse effect). All consents, authorizations, orders, filings and registrations which the Company is required to obtain pursuant to the preceding sentence have been obtained or effected on or prior to the date hereof. The Company and its subsidiaries are unaware of any facts or circumstances which might give rise to any of the foregoing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by law and except as to any notice specified in this Agreement, any notice which may not be waived in accordance with the UCC, or, with respect to the Loan Parties, any notice expressly required under the Senior Documents, each Loan Party and Subordinated Creditor hereby further waives: presentment, demand, protest, notice of protest, notice of default or dishonor, notice of payment or nonpayment and any and all other notices and demands of any kind in connection with all negotiable instruments evidencing all or any portion of the Senior Indebtedness or the Subordinated Indebtedness to which such Loan Party or Subordinated Creditor may be a party; prior notice of and consent to any loans made, extensions granted or other action taken in reliance thereon; and all other demands and notices of every kind in connection with this Agreement, the Senior Indebtedness or the Subordinated Indebtedness. Subordinated Creditor further waives, to the extent permitted by applicable law, any rights it may have under applicable law to assert the doctrine of marshaling or otherwise to require the Senior Lenders to marshal any Collateral for the benefit of Subordinated Creditor.

assistant: 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: WL 313122, *2 (N.D.Cal. Aug.3, 1993) aff'd, 21 F.3d 1115 (9th Cir.1994)); Gallant v. Trustees of Columbia Univ., 111 F.Supp.2d 638 (E. 1149, 1153 (Fla. 5th DCA 1994) (finding trial court erred in exercising general jurisdiction over insurance carrier, where it issued one life insurance policy to state resident, maintained certificate of authority to transact insurance in state and held mortgage on real property within the state). A defendant's level of business in Florida is insufficient to constitute "continuous and systematic business activities” where only a de minimis percentage of the company's total volume of business and its yearly revenue was derived from its business relationships in Florida. See TRW Vehicle Safety Sys. Inc. v. Santiso, 980 So.2d 1149, 1153 (Fla. 4th DCA 2008) (<HOLDING>); Snow v. DirecTV, Inc., 450 F.3d 1314 (11th Options: A. holding that the fact that defendants sales in forum were less than 5 percent of its total sales volume was irrelevant so long as its sales were part of a regular course of dealing and were not isolated or exceptional events B. holding opinion testimony of sales should have been excluded because opinion not based on comparable sales C. holding that exercising general jurisdiction over defendant was improper where its actual sales in florida were a small percentage of the total sales and therefore these sales were de minimis D. holding that defendants conduct amounted to substantial and nonisolated activity within florida for purposes of general jurisdiction where its advertising strategy was designed to generate product sales in florida and its dollar volume of sales was substantial E. holding that sales made to contractor who builds roads for the state are not sales to the state and therefore are not exempt

assistant: The best answer is C. holding that exercising general jurisdiction over defendant was improper where its actual sales in florida were a small percentage of the total sales and therefore these sales were de minimis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Employer shall pay to the Executive a base salary (the “Base Salary”) at the rate of $275,000 per calendar year, less applicable deductions, and prorated for any partial year. The Base Salary shall be reviewed by the Employer annually and shall be modified in the discretion of the Employer and any such adjusted Base Salary shall constitute the “Base Salary” for purposes of this Agreement. The Base Salary shall be paid in substantially equal installments in accordance with the Employer’s regular payroll procedures.

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 case excerpt and choose the best holding from the options. Case excerpt: standard. Id.; see also State v. Ray, 659 N.W.2d 736, 742 (Minn.2003). We take this opportunity to articulate an appropriate standard of review of a district court’s ruling on whether police properly clarified an equivocal request for counsel. We will review de novo the application of the “stop and clarify” rule from State v. Robinson, 427 N.W.2d 217, 223 (Minn.1988), but defer to any factual findings by the district court that are not clearly erroneous. We first consider whether appellant unequivocally invoked his right to counsel. It is a violation of the U.S. Constitution for investigators to continue a custodial interrogation after a suspect has unambiguously requested the assistance of counsel. See Davis v. United States, 512 U.S. 452, 459, 114 S.Ct. 2350, 129 L.Ed.2d 362 (1994) (<HOLDING>); see also State v. Munson, 594 N.W.2d 128, 139 Options: A. holding that a suspect must unambiguously request counsel B. holding suspect must unambiguously request counsel before applying rule established in edwards that police questioning must cease once suspect requests counsel during interview C. holding that interrogation must cease if the suspect unambiguously asserts his right to counsel D. holding that the interrogation must cease once the suspect invokes his miranda right to counsel E. holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation

assistant: The best answer is C. holding that interrogation must cease if the suspect unambiguously asserts his right to counsel
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: reversed. Smith, P. J., and Bernes, J., concur. 1 He was not aware that C. L. C.’s mother had called the boy’s grandmother that morning to check on the boy. He testified, however, that this fact would not have made a difference in his decision to bring the deprivation petition. 2 In the Interest of K. L. H., 281 Ga. App. 394, 395 (636 SE2d 117) (2006) (footnote omitted). 3 See OCGA § 15-11-28 (a) (1) (C). 4 In the Interest of K. R. S., 253 Ga. App. 678, 679 (1) (560 SE2d 292) (2002) (citations omitted). 5 In re M. C. J., 271 Ga. 546, 548 (523 SE2d 6) (1999); In the Interest of D. T, 284 Ga. App. 336, 339-340 (2) (643 SE2d 842) (2007). 6 K. R. S., supra at 679 (citation and punctuation omitted); see In the Interest of B. C. R., 229 Ga. App. 111, 113-114 (1) (493 SE2d 258) (1997) (<HOLDING>). See generally Clark v. Wade, 273 Ga. 587, 599 Options: A. holding that juvenile court has no jurisdiction to consider constitutional claims B. holding that the order of the juvenile court authorizing the filing of a delinquency petition is one of the essential documents needed when considering a challenge to juvenile jurisdiction C. holding juvenile court lacked jurisdiction over a grandparents deprivation petition where petition was a transparent attempt to use the juvenile court system to seek custody of the child D. holding that although the juvenile restitution statute does not expressly require the juvenile court to determine whether the juvenile has the ability to pay the restitution ordered as a condition of probation the policies underlying the adult restitutions command that a trial court make such an inquiry applies with equal force to juvenile courts E. holding that juvenile court that determined child was not dependent had no jurisdiction to thereafter determine custody of child

assistant: The best answer is C. holding juvenile court lacked jurisdiction over a grandparents deprivation petition where petition was a transparent attempt to use the juvenile court system to seek custody of the 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: The performance by the Borrower and, if applicable, the Subsidiaries of its or their obligations under Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect, (b) will not violate any Applicable Law or regulation or the charter, by-laws or other organizational documents of the Borrower or any of its Subsidiaries or any order of any Governmental Authority, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Borrower or any of its Subsidiaries or its assets, or give rise to a right thereunder to require any payment to be made by the Borrower or any of its Subsidiaries, and (d) will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Subsidiaries.

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: failure to file those two complaints. By order entered June 8, 2011, 2011 WL 2294193, the District Court granted the IFP motion but dismissed the complaint under § 1915(e)(2)(B), concluding that it failed to state a claim upon which relief may be granted. This appeal followed. II. We have jurisdiction under 28 U.S.C. § 1291. Our review of a District Court’s sua sponte dismissal of a complaint for failure to state a claim is plenary, requiring us to draw all reasonable inferences therefrom in the plaintiffs favor. Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir.2000). On review, we will summarily affirm the District Court’s judgment because no substantial issue is presented on appeal. See L.A.R. 27.4; I.O.P. 10.6; see also Erie Telecomms. v. Erie, 853 F.2d 1084, 1089, n. 10 (3d Cir.1988) (<HOLDING>). Like prisoners, individuals who are Options: A. holding that an appellate court may affirm the result reached by a district court on alternative grounds B. holding we may affirm on any grounds supported by the record even those not relied upon by the district court C. holding that a district courts ruling may be upheld on an alternative ground supported by the record D. recognizing this court may affirm for any reason supported by the record E. holding that we may affirm on an alternative basis supported by the record

assistant: The best answer is E. holding that we may affirm on an alternative basis supported by the record
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 Letter Agreement may be amended, modified or changed only by a written instrument executed by you and the Company. The captions of this Letter Agreement are not part of the provisions hereof and shall have no force or effect. This Letter Agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument.

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 case excerpt and choose the best holding from the options. Case excerpt: of the elements of the offense involve review of church doctrine. The statute is based on legislative judgments about the power imbalance inherent in the clergy-counseling relationship that negates true consent and does not incorporate church doctrine. The First Amendment requires that civil courts abstain from resolving church disputes that would necessitate an adjudication of controversies over religious doctrine. Serbian E. Orthodox Diocese v. Milivojevich, 426 U.S. 696, 708-09, 96 S.Ct. 2372, 49 L.Ed.2d 151 (1976) (stating that civil courts must defer to “the decisions of the highest ecclesiastical tribunal within a church of hierarchical polity”); Presbyterian Church v. Mary Elizabeth Blue Hull Mem’l Presbyterian Church, 393 U.S. 440, 449-50, 89 S.Ct. 601, 21 L.Ed.2d 658 (1969) (<HOLDING>). But civil courts are not required to abstain Options: A. holding that civil courts could not determine whether the general church departed from its doctrine B. holding that appellate court could not determine whether trial court abused its discretion in denying relators motion to compel the other party to produce documents because it could only speculate whether there was evidence to support the trial courts denial C. holding that a church was entitled to employ only members of its faith D. holding that members of a church congregation lacked sufficient interest to support intervention in an action by the church itself challenging the designation of the church as a landmark E. holding the federal unemployment tax act section exempting service performed in employ of church after which florida molded its unemployment law was meant to apply to schools that have no separate legal existence from the church and therefore employees working within such schools are in employ of the church

assistant: The best answer is A. holding that civil courts could not determine whether the general church departed from its doctrine
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 each other Obligor will, and will cause each of the Restricted Subsidiaries to, maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations. The loss payable clauses or provisions in said insurance policy or policies insuring any of the Collateral shall be endorsed in favor of and made payable to the Administrative Agent as its interests may appear and such policies shall name or otherwise include the Administrative Agent and the Lenders as “additional insureds” and provide that the insurer will endeavor to give at least thirty (30) days prior notice of any cancellation thereof to the Administrative Agent (or ten (10) days prior notice of any cancelation on account of non-payment).

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: the release of which would ‘create a palpable threat to privac/ ”) (quoting Carter v. U.S. Dep’t of Commerce, 830 F.2d 388, 391 (D.C.Cir. 1987)). Accordingly, the Court finds that the privacy interests of the individuals referenced in the withheld documents are not insubstantial and have not been eliminated because they may be known in some capacity to Plaintiff. The Court must now review whether these privacy interests are outweighed by the public interest in the information associated with them. As set forth above, Ms. Suzuki asserted that the requested information “does not shed light on how CBP performs its statutory duties,” Suzuki Decl. ¶26, which is the only relevant public interest at issue. See Reporters Comm. for Freedom of the Press, 489 U.S. at 775, 109 S.Ct. 1468 (<HOLDING>). Plaintiff argues that “the release of the Options: A. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant B. holding that where an authorized disclosure is voluntarily made to a nonfederal party whether or not that disclosure is denominated confidential the government waives any claim that the information is exempt from disclosure under the deliberative process privilege C. holding that the government must provide the party seeking disclosure with a detailed index describing the documents the government claims are exempt from disclosure under foia D. holding that the only relevant public interest in disclosure is the extent to which disclosure would serve the core purpose of the foia which is contributing significantly to public understanding of the operations or activities of the government E. holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents

assistant: The best answer is D. holding that the only relevant public interest in disclosure is the extent to which disclosure would serve the core purpose of the foia which is contributing significantly to public understanding of the operations or activities of the government
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: Interpreting all of the sections together, section 6323(b)(6)(A) provides that the federal lien is subordinated to the County’s lien; it does not render the federal lien invalid as to the property itself or any other party. See, e.g., In re Tabone, Inc., 175 B.R. 855, 859 n. 8 (Bankr.D.N.J.1994) (noting that section 6323(b)(6)(A) provides that the township’s tax liens hold priority status over the federal lien); Hinkley & Donovan, 424 F.Supp. at 1019; Amos, 287 F.Supp. at 890-91. Thus, the federal lien remained valid and survived the County’s tax sale. Because the IRS was not given notice of the County’s tax sale after the IRS had filed notice of its lien on the property, the lien attached to the property and Fox purchased the property subject to the lien. 26 U.S.C.A. § 7425(b)(1) (<HOLDING>). While the County argues that interpreting the Options: A. holding that the lien bond releases the property from the lien but the lien is then secured by the bond B. holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale C. holding that subsequent to a judicial sale the report of the sale must be made to and ratified by the court before a deed for the property is given by the trustee to the purchaser D. holding chapter 13 plan funded by sale of property was not feasible where the debtor had not stated the time period or terms of the sale and no provision was made for failure to sell the property E. holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien

assistant: The best answer is E. holding that where property subject to the irss timely filed lien is sold during a nonjudicial sale and the irs is not given notice of the sale the sale of the property is made subject to and without disturbing the lien
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: As will be discussed below, although (A) the FAA air traffic controllers had a duty to disseminate certain weather related information to Flight 2745, they (B) did not breach this duty as to any CWAs or PIREPs. Furthermore, (C) the controllers did not have a duty to disseminate MISs or the information contained therein. A. Duty to Disseminate Certain Weather Information The existence of a duty in . is not whether the government had a duty to [report weather condition] information, but rather what was the scope of that duty.”). Air traffic controllers are “required to do what a reasonable air traffic controller of their experience and training would have done under the totality of the circumstances.” Kelley v. United States, No. 1:08-cv-31, 2009 WL 1439896 at *5 (E.D.Va. Mar. 26, 2009) (<HOLDING>); see Mussivand, 544 N.E.2d at 270. Here, the Options: A. holding that section 4149 did not apply to the plaintiffs state law claims of breach of duty to protect foster care children from harm and of negligent supervision negligent entrustment and negligent failure to warn B. holding that the wright amendment an air traffic regulation restricting air traffic from love field in the dallasforth worth area did not violate the right to travel because any impact on interstate travel even air travel to and from the dallasfort worth area is negligible C. holding that rule was not violated where officer stated he made a report but was unable to find it because there was no report to tender to counsel D. holding that an air traffic controllers failure to report weather conditions from another faa location to a planes pilot was not negligent E. holding that during investigatory stop police may transport seized property to another location

assistant: The best answer is D. holding that an air traffic controllers failure to report weather conditions from another faa location to a planes pilot was not negligent
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 supplement, modification or amendment of this Agreement shall be binding unless expressed in a written document that refers to this Agreement executed in writing by both of the parties hereto and no waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof nor shall such waiver constitute a continuing waiver.

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: Schedule 4.01(o) (as supplemented by the Borrowers in a notice delivered pursuant to Section 5.01(a)(vii) ) sets forth each of the Subsidiaries of each Loan Party, its jurisdiction of organization, the classes of its Equity Securities, the number of Equity Securities of each such class issued and outstanding, the percentages of Equity Securities of each such class owned directly or indirectly by each Loan Party and whether such Loan Party owns such Equity Securities directly or, if not, the Subsidiary of such Loan Party that owns such Equity Securities and the number of Equity Securities and percentages of Equity Securities of each such class owned directly or indirectly by such Loan Party. Except as set forth on Schedule 4.01(o) (as supplemented as set forth above), none of the Loan Parties currently has any Subsidiaries. All of the outstanding Equity Securities of each such Subsidiary indicated on Schedule 4.01(o) as owned by each Loan Party are owned beneficially and of record by such Loan Party free and clear of all adverse claims.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence and during the continuation of an Event of Default, the Required Lenders may (i) declare the outstanding principal of and accrued interest on the Notes to be, and the same shall thereupon forthwith become, due and payable without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other notice of any kind, all of which are hereby waived by the Borrower, (ii) proceed to foreclose the Liens securing the Notes, (iii) terminate all commitments under Article II and (iv) take such other actions as are permitted by law or the Loan Documents; provided that in the case of any of the Events of Default specified in Sections 8.1.4 and 8.1.5 with respect to the Borrower, without any notice to the Borrower or any other act by the Lenders, the Notes (together with accrued interest thereon and all fees, expenses and other Obligations) shall become immediately due and payable without presentment, demand, protest, notice of intent to accelerate, notice of acceleration or other notice of any kind, all of which are hereby waived by the Borrower.

assistant: Remedies
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 Corporation shall pay all reasonable Registration Expenses as determined in good faith by the Board, including, in the case of an Underwritten Offering, the Registration Expenses of an Underwritten Offering, regardless of whether any sale is made pursuant to such Underwritten Offering. Each Selling Holder shall pay its pro rata share of all Selling Expenses in connection with any sale of its Registrable Securities hereunder. For the avoidance of doubt, each Selling Holder’s pro rata allocation of Selling Expenses shall be the percentage derived by dividing (i) the number of Registrable Securities sold by such Selling Holder in connection with such sale by (ii) the aggregate number of Registrable Securities sold by all Selling Holders in connection with such sale. In addition, except as otherwise provided in Section 2.07 and 2.08 hereof, the Corporation shall not be responsible for legal fees incurred by Holders in connection with the exercise of such Holders’ rights hereunder.

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 legal provision and list the applicable contract clause categories. Provision: If the Trustee or any Holder has instituted any proceeding to enforce any right or remedy under this Indenture and such proceeding has been discontinued or abandoned for any reason, or has been determined adversely to the Trustee or to such Holder, then and in every such case, subject to any determination in such proceedings, the Issuers, the Trustee and the Holders shall be restored severally and respectively to their former positions hereunder and thereafter all rights and remedies of the Trustee and the Holders shall continue as though no such proceeding has been instituted.

assistant: Remedies
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: At all times preserve and keep in full force and effect, and cause each Subsidiary to preserve and keep in full force and effect, (a) its valid existence and good standing under the laws of its jurisdiction of organization and (b) all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except in the case of the foregoing clause (b) , to the extent that failure to do so would not reasonably be expected to have a Material Adverse Change.

assistant: Existence
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: County’s argument in that court either. The County has indicated that it is not seeking an injunction based on the definition of a “family.” The County’s position is that short-term rentals to transient guests are not a permitted use, regardless of whether the renters are a nuclear family, a group of college students, or any other group. The discussion in the text is not based on the definition of "family” and applies equally to all short-term rentals to transient guests. 8 . See, e.g., Yarbrough v. Camphor, 645 So.2d 867, 872 (Miss. 1994); Lincoln Cty. v. Entrican, 230 So.2d 801, 804 (Miss. 1970); McCaffrey's Food Mkt. Inc. v. Miss. Milk Comm’n, 227 So.2d 459, 463 (Miss. 1969). 9 . Cf. Garrett Enters. Consol., Inc. v. Allen Utils. LLC, 176 So.3d 800, 803 (¶ 8) (Miss. Ct. App, 2015) (<HOLDING>). BARNES, J., DISSENTING: ¶ 21. I respectfully Options: A. holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision B. holding that the court was bound to consider a contract provision that was plainly relevant to the central issue of contract interpretation raised on appeal despite the parties failure to cite or discuss the provision C. holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency D. holding issue not raised in the bankruptcy court was waived on appeal E. holding that court will not consider issue raised for first time on appeal

assistant: The best answer is B. holding that the court was bound to consider a contract provision that was plainly relevant to the central issue of contract interpretation raised on appeal despite the parties failure to cite or discuss the provision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: buys than in Smith by equipping the informant with an audio transmitter. See id. Fountain therefore fails to show that Ruffin knowingly or recklessly mischaracterized these operations as controlled buys. Fountain also points out that the description of “the premises” in the affidavit’s preamble includes his apartment’s street address, whereas the street address is missing from the sworn facts section’s description of “the premises.” He argues that this variation blurs the point as to whether Detective Ruffin could actually see the informant buy drugs from Apartment 2. Because we read both descriptions as fairly referring to Apartment 2, we cannot say the variance in descriptions in any way misleads. See United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965) (<HOLDING>). %: Omission of Material Fact Fountain’s claim Options: A. holding officers did not have a realistic opportunity to intervene because they were not present at the time of the shooting B. recognizing that because affidavits are typically drafted in the midst and haste of a criminal investigation by nonlawyers they must be read with an understanding of that context and accordingly held to a lower standard of scrutiny than that applied to pleadings filed in more formal proceedings C. holding that investigation was not conducted with sufficient haste when the defendant was detained for over fortyfive minutes D. holding outofcourt statements relating to reasons for investigation are not admissible where the reasons for the investigation are not at issue E. holding that affidavits for search warrants must be interpreted in a commonsense and realistic fashion because they are normally drafted by nonlawyers in the midst and haste of a criminal investigation

assistant: The best answer is E. holding that affidavits for search warrants must be interpreted in a commonsense and realistic fashion because they are normally drafted by nonlawyers in the midst and haste of a criminal investigation
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 the re quest of Administrative Agent, execute and/or deliver any additional agreements, documents and instruments, and take such further actions as may be reasonably requested by Administrative Agent from time to time, to carry out the provisions and purposes of this Guaranty and the other Loan Documents.

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: S.W.3d 393, 396 (Tex.App.-Houston [1st Dist.] 2005, pet. denied)). Thus where, as here, an abuse-of-discretion standard applies, we must engage in a two-pronged inquiry, asking (1) whether the trial court had sufficient information on which to exercise its discretion; and, if so, (2) whether the trial court erred in its application of discretion based on that information. See id. at 587-88. Assuming a clear abuse of discretion in a temporary order in a suit affecting the parent-child relationship, mandamus may lie on the basis that there are no appellate remedies that are considered adequate. See Tex. Fam.Code Ann. § 105.001(e) (“Temporary orders rendered under this section are not subject to interlocutory appeal.”); Little v. Daggett, 858 S.W.2d 368, 369 (Tex.1993) (orig. proceeding) (<HOLDING>). ANALYSIS Christopher argues that the district Options: A. holding that mandamus is an appropriate remedy because the trial courts issuance of temporary orders is not subject to interlocutory appeal B. holding that mandamus is appropriate to challenge temporary orders because they are not subject to interlocutory appeal C. holding that mandamus was appropriate remedy because temporary order granting visitation is not appealable D. holding that mandamus is appropriate to challenge temporary orders E. holding that a temporary order granting emergency relief and temporary child custody under the domestic violence act is not immediately appealable

assistant: The best answer is C. holding that mandamus was appropriate remedy because temporary order granting visitation is not appealable
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: announced, “I am going to find the [appellant] is guilty of malicious wounding of ... [“brother”] as charged in [the] indictment[ ],” the trial court convicted appellant of malicious wounding. While we agree that the trial court used the words “malicious wounding” in the pronouncement of guilt, the written conviction order relating to the wounding of “brother” states, “the Court finds [appellant] GUILTY as charged in said indictment, to-wit: Felonious Assault (Virginia Code Section 18.2-51).” Settled principles provide that “[a] court speaks through its orders and those orders are presumed to accurately reflect what transpired.” McBride v. Commonwealth, 24 Va.App. 30, 35, 480 S.E.2d 126, 128 (1997); see also Stamper v. Commonwealth, 220 Va. 260, 280-81, 257 S.E.2d 808, 822 (1979) (<HOLDING>). We note that the indictment for the wounding Options: A. holding that when the courts oral statements in the plea colloquy conflict with the written agreement the courts oral statements control B. holding that a defendant has the right to an order permitting him to inspect his own written or recorded statements absent a basis for a protective order C. holding that when a courts statements from the bench conflict with its written order the order controls D. holding that in cases of direct conflict between a courts oral pronouncement of sentence and the written judgment the oral pronouncement controls E. holding that under the doctrine of direct estoppel a law firms failure to appeal the bankruptcy courts earlier order barred it from challenging the courts holding on its appeal from a subsequent order

assistant: The best answer is C. holding that when a courts statements from the bench conflict with its written order the order controls
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: whether the plaintiff has an impairment. See Poindexter v. Atchison, Topeka & Santa Fe Ry. Co., 168 F.3d 1228, 1230 (10th Cir.1999) (citing Bragdon v. Abbott, 524 U.S. 624, 118 S.Ct. 2196, 2202, 141 L.Ed.2d 540 (1998)). Second, the court considers whether the major life activity upon which the plaintiff relies constitutes a major life activity under the ADA. See id. Third, the court asks whether the impairment serves to substantially limit the major life activity. See id. Neither party disputes that plaintiff suffers from one or more physical impairments. Plaintiff claims to be substantially limited in the major life activities of lifting and working. Lifting is considered a major life activity under the ADA. See Lowe v. Angelo’s Italian Foods, Inc., 87 F.3d 1170, 1172 (10th Cir.1996) (<HOLDING>). Working also constitutes a major life Options: A. holding that epilepsy qualifies as a disability under the ada B. holding that in order to establish liability under the ada the plaintiff must demonstrate that the defendant was an employer within the meaning of the statute C. holding that an employee whose disability is related to his ability to perform the duties of his position is not disabled under the act and therefore an employer has no duty to accommodate D. holding that an individual whose ability to lift is substantially impaired qualifies as a disabled person within the meaning of the ada E. holding that a state is not a person within the meaning of 1983

assistant: The best answer is D. holding that an individual whose ability to lift is substantially impaired qualifies as a disabled person within the meaning of the ada
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 the other documents and agreements executed in connection with the transactions contemplated hereby embody the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersede all prior written and contemporaneous oral agreements, representations, warranties, contracts, correspondence, conversations, memoranda and understandings between or among the Parties or any of their agents, representatives or affiliates relative to such subject matter, including any term sheets, emails or draft documents.

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: S.Ct. 1836, 158 L.Ed.2d 645 (2004) (citing 28 U.S.C. § 1658), the ADA was enacted on July 26, 1990, see 104 Stat. 327, 327. We therefore borrow the state statute of limitations that applies to the most analogous state-law claim. See 42 U.S.C. § 1988; Wilson v. Garcia, 471 U.S. 261, 266-67, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), partially superseded by statute as stated in Jones, 541 U.S. at 377-80,124 S.Ct. 1836. The district court concluded that Virginia’s one-year limitations period for claims under the Virginia Rights of Persons with Disabilities Act (hereafter, the Virginia Disabilities Act), Va.Code Ann. § 51.5-40 et seq., should apply to the ADA claims here, and the parties do not dispute this conclusion on appeal. See Childress v. Clement, 5 F.Supp.2d -384, 388 (E.D.Va. 1998) (<HOLDING>). This court has not previously determined what Options: A. holding that the virginia disabilities act constitutes the most analogous state statute of limitations for claims brought under the ada B. holding that 1522 is the most analogous limitations period for 1983 actions C. holding that this statute was the most analogous state statute for purposes of erisa action filed in utah D. holding that georgias statute of limitations for personal injury actions should be applied to discrimination claims brought under the rehabilitation act and title ii of the ada E. holding that the statute of limitations for 1983 claims is the most closely analogous state limitations period for general personal injury claims

assistant: The best answer is A. holding that the virginia disabilities act constitutes the most analogous state statute of limitations for claims brought under the ada
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: § 208 (1981). A court may find unconsciona-bility where a non-drafting party has no way of knowing a material fact. See, e.g., Mobile Elec. Service, Inc. v. FirsTel, Inc., 649 N.W.2d 603, 606 (S.D.2002) (finding a one-sided contract unconscionable where the non-drafting party had no way of knowing that it was agreeing to pay a tariff); Rozeboom v. Northwestern Bell Tel. Co., 358 N.W.2d 241, 244 (S.D.1984) (“[W]e have very recently spoken against contract provisions which are “one-sided” and declared that they are, in effect, against public policy and should be declared unconscionable.”). A party acts unconscionably when it omits material information from a contract regarding the consumers’ forfeiture of important protections. See Flugge v. Flugge, 681 N.W.2d 837, 842 (S.D.2004) (<HOLDING>) (quoting Action Mech. Inc. v. Deadwood Options: A. recognizing even federal constitutional right of association does not apply to the right of one individual to associate with another B. holding that for an act to be inconsistent with the right to arbitrate and thus constitute a waiver of that right it must repudiate the right of the party who does the act C. holding that wjaiver occurs when there is an existing right a knowledge of its existence and an actual intention to relinquish it or conduct so inconsistent with the intent to enforce the right as to induce a reasonable belief that it has been relinquished D. holding that treating a defendants failure to appear as a waiver not only of the right to be present but of the right to have a hearing on the motion was error E. holding that a waiver of right occurs only when one in possession of a right with full knowledge of the material facts does or forebears the doing of something inconsistent with the exercise of the right

assistant: The best answer is E. holding that a waiver of right occurs only when one in possession of a right with full knowledge of the material facts does or forebears the doing of something inconsistent with the exercise of the right
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 Article 13 of the Plan, any amendment to the Plan shall be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; provided, however, that (a) no amendment shall adversely affect the rights of Participant under this Agreement without Participant’s written consent, and (b) Participant’s consent shall not be required to an amendment that is deemed necessary by Corporation to ensure compliance with Section 409A of the Code.

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: All notices, requests, demands and other communications required or permitted hereby shall be in writing and shall be deemed to have been duly given if delivered by hand or mail, certified or registered mail (return receipt requested) with postage prepaid to the addresses of the parties hereto set forth on below their signature on the signature pages hereof or to such other address as any party may have furnished to the others in writing in accordance herewith.

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: The outstanding principal amount of the Loan shall bear interest at a rate equal to the Prime Rate plus 2% per anum and shall accrue and be payable at the Maturity Date. All computations of interest shall be made on the basis of a 360 day year consisting of 12 months of 30 days.

assistant: Interests