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: Subject to all applicable laws, rules and regulations, the Committee shall have the power to amend this Agreement at any time. Any amendment, modification or termination shall, upon adoption, become and be binding on all persons affected thereby without requirement for consent or other action with respect thereto by any such person. The Committee shall give written notice to the Participant in accordance with Section 18(a) of any such amendment, modification or termination as promptly as practicable after the adoption thereof. In the event changes to applicable federal, state or local tax law effective after the Date of Grant impact the treatment of the Options as intended as of the date hereof, the Plan Administrator may, in its sole discretion and without notice to the Participant, amend this Agreement in any manner that the Plan Administrator deems appropriate, which exercise of discretion shall be final, binding and conclusive on all persons having an interest therein.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: subject to your agreement and continuing compliance with these terms of service and any other relevant supercell policies , supercell grants you a non-exclusive , non-transferable , non-sublicensable , revocable and limited license to access and use the service for your own non-commercial entertainment purposes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall bind and inure to the benefit of the Parties hereto and their respective successors and legal representatives and permitted assigns. No Party shall assign its rights and obligations under this Agreement, without the prior written consent of the other Parties hereto, and any such assignment contrary to the terms hereof shall be null and void and of no force and effect; provided , however , that WST Seller and/or RETA Seller may collaterally assign, without the consent of Buyer, this Agreement or all or a portion of its rights, interests and obligations under this Agreement to Persons providing debt financing in connection with the Project.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: clinic or alternatively undergo euthanasia, and that she was also negligent for “failing to warn” the Langleys about the hazard of being exposed to a potentially rabid animal, which was continuous until they received an appropriate warning with respect to the hazard. The Langleys thus argue that the case is one of ordinary negligence governed by OCGA § 9-3-33 and that statute of limitation was tolled until Shannon notified them that the kitten had contracted rabies. As an initial matter, we need not decide whether this case is governed by OCGA § 9-3-33, the personal injury statute, or OCGA may have negligently “failed to warn” the Langleys of the risk associated with caring for a potentially rabid animal. See McNew v. Decatur Veterinary Hosp., 85 Ga. App. 54 (68 SE2d 221) (1951) (<HOLDING>). The limitation period for a claim of Options: A. holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error B. holding that when a possessor knows that a dangerous condition frequently reoccurs plaintiffs had a right to go to the jury on the issue of defendants negligence even where plaintiffs could not show how long the condition remained on the stairs C. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge D. recognizing that failing to warn the caretaker of the dangerous condition of a potentially rabid animal and give proper confinement instructions can constitute negligence E. holding that engineering firm whose work was dictated by and complied with contractual specifications had no duty to warn of dangerous condition on premises

assistant: The best answer is D. recognizing that failing to warn the caretaker of the dangerous condition of a potentially rabid animal and give proper confinement instructions can constitute negligence
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: treatment that resulted from the injuries and that the charges are reasonable. 136 The Gorostietas claim it was error for the trial court not to allow Marie Gorostieta to read or testify as to the contents of the medical bills she received as evidence of their reasonableness. Parkinson argues that any testimony offered by Marie Gorostieta regarding the medical bills would have been hearsay. We find it unnecessary to address whether this evidence would have been hearsay because this court has already ruled that under the best evidence rule, a witness may not testify as to material contained in exhibits that have been previously denied admission. See Intermountain Farmers Ass'n v. Fitzgerald, 574 P.2d 1162, 1165 (Utah 1978); see also State v. Ross, 573 P.2d 1288, 1289-90 (Utah 1978) (<HOLDING>). To allow a witness to so testify would Options: A. holding that trial court erred in allowing police officer to testify to contents of telephone records that were not introduced into evidence B. holding that trial court erred by not allowing the plaintiff to introduce evidence of prior dealings with the defendant C. holding that records relating to a student court were not education records D. holding trial court erred in finding violations based only on officers testimony based on review of probation records where states failure to admit records into evidence rendered officers testimony hearsay E. holding that the trial court erred in allowing an equitable reduction in the amount required to redeem the subject property

assistant: The best answer is A. holding that trial court erred in allowing police officer to testify to contents of telephone records that were not introduced into evidence
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 waived.” Id. at 94 n. 1 (citing Atlas Life Ins. Co. v. W.I. Southern, Inc., 306 U.S. 563, 568 n. 1, 59 S.Ct. 657, 83 L.Ed. 987 (1939)). Al though the Howard court concluded the comity argument was waived, it did not provide any specific support for waiver through removal, and the court did not suggest that a federal court therefore had to entertain the action. Moreover, the Howard, court’s observation goes against the weight of the circuits in finding that the principle of comity can be waived in the tax injunction context. Every other federal court to consider the matter has found that a state cannot waive the protection of the principle of comity in state tax matters, even if the state is willing. See Balazik v. Cnty. of Dauphin, 44 F.3d 209, 218 n. 11 (3d Cir.1995) (<HOLDING>); Hardwick v. Cuomo, 891 F.2d 1097, 1104 (3d Options: A. holding that although the state taxing authorities themselves removed the case the comity rational of mcnary acts as a restriction on the power of the courts B. holding that the united states constitution does not entitle one state to sovereign immunity in a second states courts and stating a claim of immunity in another sovereigns courts necessarily implicates the power and authority of a second sovereign its source must be found either in an agreement or in the voluntary decision of the second to respect the dignity of the first as a matter of comity C. holding that the missouri constitution reserves the power of referendum only to acts of the state legislative assembly and not to acts of a municipality D. holding that a public corporation in that case a commission created to provide information about the tva is an entity separate from the state and its acts are not acts of the state within the meaning of the state constitutions prohibition against the state creating new debts E. holding that courts must distinguish between situations in which the state acts pursuant to its police power and situations in which the state acts merely to protect its status as a creditor

assistant: The best answer is A. holding that although the state taxing authorities themselves removed the case the comity rational of mcnary acts as a restriction on the power of the courts
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 Executive’s employment is terminated by reason of the Executive’s Disability during the Employment period, this Agreement shall terminate without further obligations to the Executive, other than for Accrued Obligations. All Accrued Obligations shall be paid to the Executive in a lump sum in cash within 30 days of the Date of Termination. In addition, the Executive shall be entitled to receive the Executive’s Annual Base Salary for the balance of the Employment Period; provided, however, that such payments of Annual Base Salary shall be reduced by any benefits paid to the Executive under the Retirement Plan by reason of Disability and, provided further, any payments made hereunder to a key employee (as defined by Section 409A of the Code) shall be delayed six months if required by Section 409A of the Code. Anything in this Agreement to the contrary notwithstanding, the Executive shall be entitled after the Disability Effective Date to receive disability and other benefits at least equal to the most favorable of those generally provided by the Company and its affiliated companies to disabled executives and/or their families in accordance with such plans, programs, practices and policies relating to disability, if any, as in effect generally with respect to other peer executives and their families at any time during the 90-day period immediately preceding the Effective Date or, if more favorable to the Executive and/or the Executive’s family, as in effect at any time thereafter generally with respect to other peer executives of the Company and its affiliated companies and their families.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as specifically provided otherwise in this Agreement, each party shall bear and pay all costs and expenses, including without limitation brokerage and legal fees, which it incurs, or which may be incurred on its behalf in connection with the preparation of this Agreement and consummation of the transactions described herein, and the expenses, fees, and costs necessary for any approvals of the appropriate regulatory authorities.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 343 U.S. 393 72 S.Ct. 859 96 L.Ed. 1026 DIXONv.DUFFY. No. 79. Decided May 12, 1952. PER CURIAM. 1 On November 5, 1951, we ordered this cause 'continued for such period as will enable counsel for petitioner to secure a determination from the Supreme Court of California as to whether the judgment herein was intended to rest on an adequate independent state ground or whether decision of the federal claim was necessary to the judgment rendered.' 1951, 342 U.S. 33, 34, 72 S.Ct. 10, 11. 2 We have not yet been advised whether the Supreme Court of California has conducted any further proceedings in this case or has so entered as to become a part of the record, any order, opinion or certificate after November 5, 1951. We do not regard a letter, not apparently a part of the case record, received by the Clerk of this Court on March 31, 1952, signed by the Clerk of the Supreme Court of California as a sufficient 'determination' of the question raised in our order of November 5, 1951. 3 Accordingly, the cause is ordered further continued for such period as will enable counsel for petitioner to secure from the Supreme Court of California its official determination as requested in our order of November 5, 1951. 4 Cause continued. 5 Mr. Justice DOUGLAS, being of the opinion that the federal question in the case has been fully exposed, dissents. 6 Mr. Justice MINTON took no part in the consideration or decision of this case.

assistant: 9
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 APD simply provided no support for the broad assertion that it was more qualified to determine the credibility of a developmentally disabled individual, and we have found no authority holding that an agency can make a credibility de termination based on the characteristics of the witness. If there were such an exception, the permutations credibility determination and resulted in new factual findings relating to Bridlewood’s post-incident conduct. This constitutes reversible error, see Heifetz, 475 So.2d at 1282; Rogers, 920 So.2d at 31, and we reject any argument that the APD was justified in its action because it was merely rejecting or modifying a conclusion of law, see Pillsbury v. State, Dep’t of Health & Rehabilitative Servs., 744 So.2d 1040, 1041 (Fla. 2d DCA 1999) (<HOLDING>). We therefore reverse the final order revoking Options: A. holding that it is not an appellate courts function to make findings of fact B. holding remand proper on circuit courts own motion in a workers compensation case where the commission failed to make essential findings of fact because to hold otherwise would in such cases make the determination of the rights of the parties turn upon the neglect of the commission to make essential findings of fact or require the appellate court to make the omitted findings of fact which our statute forbids C. holding that the mere fact that a factual determination is labeled a conclusion of law does not make it so and that an agency cannot avoid its obligation to honor an aljs findings of fact by attempting to categorize them as such D. recognizing appellate courts must not make fact findings E. holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case

assistant: The best answer is C. holding that the mere fact that a factual determination is labeled a conclusion of law does not make it so and that an agency cannot avoid its obligation to honor an aljs findings of fact by attempting to categorize them as such
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 construed and interpreted in accordance with the rules of construction set forth in Sections 1.02 , 1.03 , 1.04 , 1.05 and 1.06 of the Second Amended and Restated Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to require proof of such culpability. See Id.; State v. Jones, 865 S.W.2d 658, 661 (Mo. banc 1993). Here, nothing in section 167.031 suggests that the legislature did not intend to require proof of a culpable mental state in causing non-attendance, specifically, proof that the parent acted knowingly or purposely. To the contrary, the necessity of proof of some level of scienter is implicit in the requirement that the parent “cause” their child to regularly attend school. To “cause” a child to do something implies an affirmative act on the part of the parent and requires that criminal responsibility for failure to comply with the statute be based on a failure to cause the child to attend, not merely on a lack of attendance per se. Cf. In Re Monnig, 638 S.W.2d 782, 788 (Mo.App. W.D.1982) (<HOLDING>) (emphasis added). The burden was on the State Options: A. holding that suppression by the prosecution of evidence favorable to an accused violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution B. holding that suppression by prosecution of evidence favorable to the accused upon request by the defense violates due process where evidence is material either to guilt or punishment irre spective of the good faith of the prosecution C. holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution D. holding burden of proof must be on prosecution to prove that particular home school curriculum was not adequate to avoid exposing parents to the risk of criminal prosecution should their suppositions of the adequacy of the home curriculum be mistaken however in good faith thus indicating mental state is relevant to guilt E. holding that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution

assistant: The best answer is D. holding burden of proof must be on prosecution to prove that particular home school curriculum was not adequate to avoid exposing parents to the risk of criminal prosecution should their suppositions of the adequacy of the home curriculum be mistaken however in good faith thus indicating mental state is relevant to guilt
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: Civ. Phac. & Rem. Code AnN. § 37.009. Furthermore, we are unpersuaded by Alma’s argument that the declaratory judgment claim in this case was “pretextual” because there was “no real controversy between the parties with respect to the operation of [the Maintenance Association]” because Alma was no longer involved in the operation of the Maintenance Association at the time of trial. The undisputed fact that Alma no longer operated the Maintenance Association does not render the controversy moot because the Co-Owners’ claim for attorneys’ fees under the Declaratory Judgments Act remained pending, as it related to Alma’s actions regarding the Co-Owners’ voting rights under the property code. See Hansen v. JP Morgan Chase Bank, N.A., 346 S.W.3d 769, 774-75 (Tex.App.Dallas 2011, no pet.) (<HOLDING>). We overrule Alma’s second issue. IV. Options: A. holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending B. recognizing that a party can obtain declaratory relief but still not be entitled to an award of attorneys fees under the declaratory judgments act C. holding plaintiff had no right to recover attorneys fees under declaratory judgments act because declarations requested no greater or different relief than claim for injunctive relief for constitutional violation D. holding that issues as to whether declaratory relief should be granted had become moot and would be dismissed for lack of jurisdiction but that under hallman the entire appeal was not moot because there still was a live controversy as to whether appellee was entitled to recover attorneys fees under the declaratory judgments act and therefore issues regarding attorneys fees were not moot and would be decided E. holding attorneys fees waived in lawsuit brought under declaratory judgments act to interpret statute

assistant: The best answer is A. holding that a case under the declaratory judgments act remains a live controversy even if all requests for substantive declaratory relief become moot during the actions pendency as long as a claim for attorneys fees under the act remains pending
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 portion of the agreement over twenty years ago, the Tennessee U.D.C. knew of Vanderbilt’s noncompliance, and the Tennessee U.D.C. did not file suit to enforce the agreement. The agreement regarding the name of the dormitory is another matter. Vanderbilt did not publicly announce its intention to rename Confederate Memorial Hall until September 2002, and the Tennessee U.D.C. filed its lawsuit seeking to enforce the portion of the agreement pertaining to the name of the dormitory well within any applicable statute of limitations. It would be fatuous to assert that the Tennessee U.D.C.’s delay of less than two months in filing the lawsuit was "unreasonable” or that Vanderbilt was somehow prejudiced in the interval. Dennis Joslin Co. v. Johnson, 138 S.W.3d 197, 200 (Tenn.Ct.App.2003) (<HOLDING>). Vanderbilt did not renew this particular Options: A. recognizing laches as an equitable defense to a motion to reopen B. recognizing laches as an affirmative defense C. holding that laches is an affirmative defense D. holding that where defense of laches was not pleaded denial of equitable relief on grounds of laches was error E. holding that a laches defense must be premised on an unreasonable delay that has somehow prejudiced the party asserting the defense

assistant: The best answer is E. holding that a laches defense must be premised on an unreasonable delay that has somehow prejudiced the party asserting the defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to pay the Executive a base salary (the “ Base Salary ”) at an annual rate of not less than $400,000, payable in accordance with the regular payroll practices of the Company, but not less frequently than monthly. The Executive’s Base Salary shall be subject to annual review by the Board (or a committee thereof).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Administrative Borrower of this Amendment, and the performance of the Financing Agreement, as amended hereby, (i) have been duly authorized by all necessary action, (ii) do not and will not contravene any of its Governing Documents or any applicable Requirement of Law in any material respect or any material Contractual Obligation binding on or otherwise affecting it or any of its properties, (iii) do not and will not result in or require the creation of any Lien (other than pursuant to any Loan Document) upon or with respect to any of its properties, and (iv) do not and will not result in any default, noncompliance, suspension, revocation, impairment, forfeiture or nonrenewal of any permit, license, authorization or approval applicable to its operations or any of its properties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 3.6 annexed hereto sets forth the name and jurisdiction of organization of each Subsidiary of the Borrower as of the Closing Date and, as to each such Subsidiary, the percentage of each class of Capital Stock owned by any Loan Party as of the Closing Date, and (b) as of the Closing Date, there are no outstanding subscriptions, options, warrants, calls, rights or other agreements or commitments (other than stock options or restricted stock granted to employees or directors and directors’ qualifying shares) of any nature relating to any Capital Stock of any of the Guarantors directly owned by the Loan Parties that are included in the Collateral, except as created by the Loan Documents or permitted under Section 6.2.

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 case excerpt and choose the best holding from the options. Case excerpt: “who are plainly among the least culpable of those involved in the conduct of a group.” U.S.S.G. § 3B1.2, cmt. n.l. Subsection (b) instructs the sentencing court to decrease an individual’s offense level by two levels if he “was a minor participant” in the criminal activity, and the commentary defines a minor participant as one “who is less culpable than most other participants.” U.S.S.G. § 3B1.2, cmt. n.3. Section 3B1.2 provides for an intermediate adjustment of three levels for cases falling between (a) and (b). Isienyi contends that the sentencing court erred in denying him an adjustment pursuant to this section of the Guidelines because he played only a small role in the criminal activity that resulted in his arrest. Isienyi was convicted of importing a single l (8th Cir.1998) (<HOLDING>); United States v. Demers, 13 F.3d 1381, Options: A. holding that role in the offense is a factual determination albeit complex a district courts decision not to apply an adjustment based on such a determination is reversed only for clear error B. recognizing that where there are other persons who are criminally responsible for the offense who have not been apprehended or have not been charged due to cooperation a sole defendant may be eligible for an upward or downward adjustment for role in the offense C. recognizing potential upward adjustment beyond that provided by guidelines for aggravating role in the offense D. holding that a courier convicted of possession with intent to distribute may be entitled to a mitigating role reduction even if his base offense level did not account for the amount of drugs involved in the larger trafficking scheme E. holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment

assistant: The best answer is E. holding that a defendant convicted of a soleparticipant offense may nonetheless be entitled to a mitigating role adjustment
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: Cessation or termination of Executive’s employment with the Company shall not result in termination of this Agreement. The respective obligations of Executive and the Company as provided in Sections 5, 6, 7 and 8 of this Agreement shall survive cessation or termination of Executive’s employment hereunder.

assistant: Survival
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: I note that this court frequently also utilizes crime of violence determinations pursuant to U.S.S.G. § 2L1.2, for illegal reentry sentencing, to analyze the definition of crimes of violence under ACCA and § 4B1.2, and vice versa. See United States v. Garcia, 470 F.3d 1143, 1147 n. 5 (5th Cir.2006) (considering previous crime of violence holdings under § 2L1.2 for purposes of making a § 4B 1.2(a)(1) crime of violence determination). Such comparisons are inappropriate, however, when addressing ACCA or § 4B 1.2(a)(2) crime of violence determinations under the residual clause because Application Note l(B)(iii) to § 2L1.2, defining crime of violence for purposes of § 2L1.2, does not contain a residual clause. See United States v. Calderon-Pena, 383 F.3d 254, 261 (5th Cir.2004) (en banc) (<HOLDING>); see also United States v. Charles, 301 F.3d Options: A. recognizing distinction between tolling and estoppel B. recognizing this distinction between 2l12 and 4b12 C. recognizing this distinction D. recognizing distinction between two types of waiver E. recognizing distinction between smith and mcdonnell

assistant: The best answer is B. recognizing this distinction between 2l12 and 4b12
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: 773 F.2d 549, 553-54 (4th Cir.1985); United States v. Ramos, 725 F.2d 1322, 1324 (11th Cir.1984); People v. Anderson, 113 Ill.2d 1, 99 Ill.Dec. 104, 495 N.E.2d 485, cert. denied, — U.S. -, 107 S.Ct. 658, 93 L.Ed.2d 713 (1986). We do not discuss the admbsibility of any hearsay that might be contained in the test protocols prepared by Dr. Gibbs, since we hold the court had sufficient grounds to exclude Dr. Smith's testimony when Clifford’s attorney refused to produce the protocols for inspection by the government prior to Dr. Smith’s testimony before the jury. We do note, though, that hearsay evidence against a criminal defendant may raise question of the defendant’s constitutional right to confront witnesses. See Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980) (<HOLDING>); Wright, 251 U.S.App.D.C. at 286, 783 F.2d at Options: A. holding that hearsay evidence does not violate the confrontation clause if declarant is unavailable and it bears adequate indicia of reliability B. holding that there was no confrontation clause violation arising from admission of excited utterance since victim was unavailable and the exception is firmly rooted thereby providing adequate indicia of reliability C. holding coconspirator hearsay exception does not violate confrontation clause D. holding that the district court did not err in relying on hearsay evidence where the government offered reasons why its hearsay evidence had indicia of reliability and the court considered the reliability of the evidence in deciding the weight to give the hearsay evidence E. holding that testimonial evidence is admissible only if the declarant is unavailable and the defendant had a prior opportunity to crossexamine the declarant

assistant: The best answer is A. holding that hearsay evidence does not violate the confrontation clause if declarant is unavailable and it bears adequate indicia of reliability
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 consolidated and consolidating balance sheets, and related statements of income, cash flow and shareholder’s equity, of Holdings, Borrower and Subsidiaries that have been and are hereafter delivered to Agent and Lenders, are prepared in accordance with GAAP, and fairly present in all material respects, the financial positions and results of operations of Holdings, Borrower and Subsidiaries at the dates and for the periods indicated. All projections delivered from time to time to Agent and Lenders have been prepared in good faith, based on reasonable assumptions in light of the circumstances at such time. Since December 31, 2013, there has been no change in the condition, financial or otherwise, of Borrower or any Subsidiary that could reasonably be expected to have a Material Adverse Effect. No financial statement delivered to Agent or Lenders at any time contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make such statement not materially misleading. Borrower and its Subsidiaries are Solvent on a consolidated basis.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Agreement held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section 10.12 , if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Bankruptcy Laws, as determined in good faith by the Administrative Agent then such provisions shall be deemed to be in effect only to the extent not so limited.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Company shall pay Executive a base salary (as may be hereinafter modified, the “ Base Salary ”) at the annual rate of US $800,000 payable in arrears, in accordance with the usual payment practices of the Company. Salary shall be inclusive of any sums receivable (and shall abate by any sums received) by the Executive as director’s fees from the Company or any other Group Company, or otherwise arising from any office, held by the Executive by virtue of his employment under this Agreement. Executive’s Base Salary shall be subject to periodic review by the Board, not less frequently than annually, for possible increase and any such increased rate will thereafter be the Base Salary for all purposes of this Agreement. Under no circumstances may the Base Salary be decreased during the Employment Term.

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: As of each Determination Date, each Account shall be increased by the Interest credited to such Account based on the value of the Account balance as of the most recent Determination Date. If a Determination Date occurs within one year from the most recent Determination Date, such interest shall be prorated based on the full months of employment during such period.

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 legal provision and list the applicable contract clause categories. Provision: The Assignor and the Assignee each hereby agree to execute and deliver such other instruments, and to take such other action, as either party may reasonably request in connection with the transactions contemplated by this Assignment and Acceptance, including the delivery of any notices or other documents or instruments to the Borrower or Administrative Agent, which may be required in connection with the assignment and acceptance contemplated hereby.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you reside outside of the united states , canada , and brazil , these terms and the relationship between you and evernote ( including any dispute ) shall be governed in all respects by the laws of switzerland and shall be considered to have been made and accepted in switzerland , without regard to conflict of law provisions .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you use the service , you acknowledge that you may be sending electronic communications ( including your basic subscriber information and content ) , through computer networks owned by evernote , its service providers , and other third parties located in california and other locations in the united states and other countries .

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: require a common scheme or plan. See Pollock, 117 N.M. at 191, 870 P.2d at 153. A common scheme or plan may imply use restrictions, and that common scheme or plan may place purchasers on inquiry notice when the land has a uniform appearance and the property demonstrates a general plan or common scheme of development. Id. at 192, 870 P.2d at 154; Walters, 107 N.M. at 416, 759 P.2d at 208. However, in Defendants’ case, Plaintiff alleges that Defendants had actual, personal notice of the restrictions before they bought lot 224, and therefore the appearance of other lots in the subdivision was immaterial to the question of notice. When a party has actual notice, there is no legal need to imply notice from the existence of a common scheme or plan. io App.2d 45, 429 N.E.2d 1191, 1195 (1980) (<HOLDING>). 18. Most jurisdictions, however, recognize Options: A. holding that notice of judgment was insufficient B. holding that a statute relates to erisa plans for the purposes of preemption if it requires the plans to purchase the benefits specified in the statute when they purchase a certain kind of common insurance policy C. holding that when guidelines contradict the plans requirements denial of benefits pursuant to guidelines was arbitrary and capricious D. holding that absent written or de facto guidelines to give notice to lot owners as to the kind of fence that would qualify for consent a statement that plans were not pleasing enough was insufficient ground to sustain an injunction E. holding that a motion for a preliminary injunction and a hearing on that motion were insufficient to prevent the plaintiff from dismissing by notice

assistant: The best answer is D. holding that absent written or de facto guidelines to give notice to lot owners as to the kind of fence that would qualify for consent a statement that plans were not pleasing enough was insufficient ground to sustain an injunction
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 a conservator not as rule-making decisions of a regulator). Furthermore, the Court finds that section 4617(j)(3) comports with the statutory power of FHFA to “preserve and conserve the assets and'property of [Fannie Mae].” 12 U.S.C. § 4617(b)(2)(D)(ii). The third argument is that the liens held by the homeowner associations attached before the FHFA’s conservator-ship and thus, preclude the application of section 4617(j)(3). This argument is premised on the contention that, if a lien attached before FHFA’s conservatorship, then FHFA cannot avoid that lien. However, while section 4617(j)(3) does not extinguish liens that attached to property prior to FHFA’s conservatorship, such liens do not exempt lien-holders froni the FHFA consent requirement. See Lowery, 12 F.3d at 996-97 (<HOLDING>). -Thus, while the HOA liens may still attach Options: A. holding that a lien cannot be extinguished through a tax sale without the consent of the fdic B. holding that while section 1825b2 does not extinguish an earlier lien or excuse the payment of a tax by the fdic it does deny the ability to use a lien on fdic property as a vehicle for collection of delinquent tax C. holding that a property right that comes into existence by court action such as a judgment lien does not relate back to some earlier date to destroy the priority of a federal tax lien D. holding that the doench doctrine protects the fdic even where the fdic does not have an interest in an asset E. holding that a lien holder who is not served and joined as a party to a tax suit cannot have his lien extinguished by the tax sale

assistant: The best answer is B. holding that while section 1825b2 does not extinguish an earlier lien or excuse the payment of a tax by the fdic it does deny the ability to use a lien on fdic property as a vehicle for collection of delinquent tax
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: re Diagnostic Instrument Group, 283 B.R. 87, 92 (Bankr.M.D.Fla.2002). The Court concludes that there are no genuine issues as to any material fact. Consequently, this matter is ripe for summary judgment resolution. B. Procedural Issues Liberty claims it is entitled to summary judgment on procedural grounds because NOB failed to comply with the Federal Rules of Civil Procedure and the U.S. Bankruptcy Court — Southern District of Florida Local Rules. NOB did not file any responsive pleading to Liberty’s Motion for Final Summary Judgment. Liberty argues that, based on Fed. R. Civ. P. 56(e)(2), NOB’s failure to timely file any response is a basis for this Court to grant Liberty’s Motion for Final Summary Judgment. See Kelson v. S. Bell Tel. & Tel. Co., 778 F.Supp. 521, 528 (S.D.Fla.1991) (<HOLDING>). Further, NOB failed to comply with the time Options: A. holding that before granting an unopposed summary judgment motion the court must inquire whether the moving party has met its burden to demonstrate undisputed facts entitling it to summary judgment as a matter of law B. holding that the district court did not abuse its discretion in denying motion to alteramend judgment where the plaintiff raised the choice of law issue for the first time after the entry of summary judgment C. holding that the court had an adequate record to grant the defendants motion for summary judgment because the relevant evidence would have been in plaintiffs possession D. holding that the court had the discretion to grant the summary judgment motion based on the fact that it was unopposed by plaintiff during the time allowed by the rules of civil procedure E. holding that the trial court may not grant summary judgment on a ground not raised in the motion

assistant: The best answer is D. holding that the court had the discretion to grant the summary judgment motion based on the fact that it was unopposed by plaintiff during the time allowed by the rules of civil procedure
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: by an amendment, even if the amendment would otherwise be applicable to the defendant.’ ”) (quoting United States v. Williams, 549 F.3d 1337, 1341 (11th Cir.2008)). The original sentencing court in 1996 departed from a mandatory sentence of life imprisonment when it sentenced Velez to 292 months. Regardless of whether that court had the authority to sentence Velez below the mandatory minimum, and regardless of whether the district court had the authority to reduce his sentence to 235 months in his earlier 18 U.S.C. § 3582(c)(2) proceeding, his original sentence was the result of a downward departure. Velez’s guideline range, even considering the amendments to § 2D 1.1(c), remains subject to the statutory mandatory minimum sentence of life imprisonment. See Mills, 613 F.3d at 1078 (<HOLDING>). Because Velez remained subject to the Options: A. holding that a sentence was based on a mandatory statutory minimum sentence even though it was lowered under another statute B. holding where the statutory minimum sentence exceeds the guidelines sentence a substantialassistance downward departure begins at the mandatory minimum sentence C. holding that 3582c2 does not authorize sentence below minimum of amended guidelines range D. holding that a sentence below a statutory minimum based on the filing of a substantial assistance motion did not eliminate the otherwise applicable mandatory minimum for purposes of sentence modification under 3582c2 E. holding the mandatory minimum sentence to be constitutionally applicable to respondent

assistant: The best answer is D. holding that a sentence below a statutory minimum based on the filing of a substantial assistance motion did not eliminate the otherwise applicable mandatory minimum for purposes of sentence modification under 3582c2
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: Executive will receive a base salary (“ Base Salary ”) at an annual rate of three hundred fifty five thousand dollars ($355,000.00), paid in accordance with the normal payroll practices of the Company. The Base Salary shall be reviewed periodically by the Board (or a designated committee thereof) and may be increased in its discretion but not decreased without Executive’s consent.

assistant: Base Salary