flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 164 (citing State v. Agtuca, 12 Wash.App. 402, 529 P.2d 1159 (1974)); accord 21A Am.Jur.2d Criminal Law § 1294 (1998). Appellate review of a trial court’s actions in polling a jury is a two-fold process, involving both a'question of fact and of law. First, we review as a factual question the trial court’s determination concerning unanimity on a clearly erroneous standard, granting some deference to the trial judge, because a “trial judge, in determining whether a juror has freely assented to the verdict, not only hears the juror’s response, but observes the juror’s demeanor and tone of voice during the course of the polling of the jury.” People v. Cabrera, 116 Ill.2d 474, 108 Ill.Dec. 397, 508 N.E.2d 708, 714 (1987); see also United States v. Luciano, 734 F.2d 68, 70 (1st Cir.1984) (<HOLDING>); Sincox v. United States, 571 F.2d 876, 879 Options: A. holding that deference is due trial courts determination regarding jurors ultimate assent to the verdict because of trial judges nearness to the proceedings citing amos v united states 496 f2d 1269 1273 8th cir1974 B. holding that an appellate court must give deference to the trial judges determination of juror competency C. holding that where the trial courts determination that the defendant was mentally capable to proceed with trial was not supported by the evidence the verdict and judgment must be vacated and the cause remanded for further proceedings against the defendant D. holding total deference is given to the trial courts determination of historical facts supported by the record especially when the trial courts findings turn on evaluating a witnesss credibility and demeanor E. holding that a trial courts statutory interpretation is given no deference on review

assistant: The best answer is A. holding that deference is due trial courts determination regarding jurors ultimate assent to the verdict because of trial judges nearness to the proceedings citing amos v united states 496 f2d 1269 1273 8th cir1974
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: government has breached the clear terms of the agreement. See McHan, 101 F.3d at 1034-35; Thompson, 25 F.3d at 1562-63; Rowe, 676 F.2d at 528. Accordingly, to succeed on her immunity claim, Kozak must demonstrate that an agreement was reached with the government under the terms of which the government would refrain from prosecuting her in exchange for her cooperation. In order to create a valid contract, the parties must come to a “meeting of the minds.” Restatement (Second) Of Contracts § 17 comment c (1981). Thus, in the parlance of contract law, to succeed on her transactional immunity claim, Kozak must demonstrate at least a meeting of the minds that the government would refrain from prosecuting her in exchange for her cooperation in the investigation. See McHan, 101 F.3d at 1034 (<HOLDING>); United States v. Carrillo, 709 F.2d 35, 36 Options: A. holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement B. holding failure to establish terms of an oral loan agreement precluded the existence of a breach of contract claim C. holding that defendant must demonstrate meeting of the minds in order to establish existence of immunity agreement D. 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 E. holding that the burden is on the defendants to establish the existence of absolute legislative immunity

assistant: The best answer is C. holding that defendant must demonstrate meeting of the minds in order to establish existence of immunity agreement
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 may, upon notice to the Facilities Administrative Agent, terminate the Aggregate Revolving Credit Commitments or the Swing Line Sublimit, or from time to time permanently reduce the Aggregate Revolving Credit Commitments or the Swing Line Sublimit; provided that (i) any such notice shall be received by the Facilities Administrative Agent not later than 11:00 a.m. three Business Days prior to the date of termination or reduction, (ii) any such partial reduction with respect to the Revolving Credit Commitments shall be in an aggregate amount of $1,000,000 or any whole multiple of $1,000,000 in excess thereof, (iii) the Borrower shall not terminate or reduce the Aggregate Revolving Credit Commitments if, after giving effect thereto and to any concurrent prepayments hereunder, the Total Revolving Loan Outstanding would exceed the Aggregate Revolving Credit Commitments, provided that a notice of termination of the Aggregate Revolving Credit Commitments delivered by the Borrower may state that such notice is contingent upon the consummation of a refinancing or other transactions and such notice may otherwise be extended or revoked, in each case, with the requirements of Section 3.05 to apply to any failure of the contingency to occur and any such extension or revocation. The Facilities Administrative Agent will promptly notify the Revolving Lenders of any such notice of termination or reduction of the Aggregate Revolving Credit Commitments, and (iv) if, after giving effect to any reduction of the Aggregate Revolving Credit Commitments, the Swing Line Sublimit exceeds the amount of the Aggregate Revolving Credit Commitments, such Swing Line Sublimit shall be automatically reduced by the amount of such excess.

assistant: Terminations
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: See Holloway v. Hornsby, 23 F.3d 944, 945 (5th Cir.1994) (affirming the district court’s dismissal as frivolous of a § 1983 complaint alleging denial of access to prison grievance procedures and being subjected to threats and taunts in retaliation for filing prior grievances). To establish a conspiracy claim cognizable under § 1983, a prisoner must demonstrate (1) an agreement between persons acting under color of state law to commit an illegal act, and (2) an actual deprivation of the prisoner’s constitutional rights in furtherance of the agreement. Hale v. Townley, 45 F.3d 914, 920 (5th Cir.1995). Conclusory allegations of conspiracy will not support a claim under § 1983. Wilson v. Budney, 976 F.2d 957, 958 (5th Cir.1992). See Young v. Biggers, 938 F.2d 565, 569 (5th Cir.1991) (<HOLDING>). Plaintiff has presented no evidence of an Options: A. holding that a conspiracy claim must contain supportive factual allegations describing the general composition of the conspiracy some or all of its broad objectives and the defendants general role in the conspiracy B. holding that a civil rights claim of conspiracy must include allegations of specific operative facts C. holding a pleading will not be sufficient to state a claim under the civil rights act if the allegations are mere conclusions D. holding that plaintiffs civil conspiracy claim was barred by section 343909c E. holding that complaint alleging a conspiracy to deprive plaintiff of his civil rights cannot survive motion to dismiss based on conclusory allegations of conspiracy which are not supported by references to material facts

assistant: The best answer is B. holding that a civil rights claim of conspiracy must include allegations of specific operative facts
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 Plan shall become effective as of March 12, 1997. No Incentive Stock Option (as defined in Section 5 below) granted under the Plan shall become exercisable and no payments shall be made under a Performance-based Award, however, until the Plan is approved by the affirmative vote of the holders of a majority of the shares of Common Stock represented at a shareholders meeting at which a quorum is present and the exercise of any Incentive Stock Options granted under the Plan before such approval shall be conditioned on and subject to such approval. Subject to this limitation, options and Performance-based Awards may be granted and shares may be awarded as bonuses or sold under the Plan at any time after the effective date and before termination of the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant acknowledges that in the event of any breach or threatened breach of this Section 7, the business interests of the Company and its Affiliates will be irreparably injured, the full extent of the damages to the Company and its Affiliates will be impossible to ascertain, monetary damages will not be an adequate remedy for the Company and its Affiliates, and the Company will be entitled to enforce this Agreement by a temporary, preliminary and/or permanent injunction or other equitable relief, without the necessity of posting bond or security, which the Participant expressly waives. The Participant understands that the Company may, in its sole discretion, waive any of the requirements expressed in this Agreement, but that for such a waiver to be effective it must be made in writing and shall not in any way be deemed a waiver of the Company's right to enforce any other requirements or provisions of this Agreement. The Participant agrees that each of the Participant's obligations specified in this Agreement is a separate and independent covenant and that the unenforceability of any of them shall not preclude the enforcement of any other covenants in this Agreement.

assistant: Enforcements
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: Other than consummating the transactions contemplated hereunder, such Purchaser has not directly or indirectly, nor has any Person acting on behalf of or pursuant to any understanding with such Purchaser, executed any purchases or sales, including Short Sales, of the securities of the Company during the period commencing as of the time that such Purchaser first received a term sheet or oral description from the Company or any other Person representing the Company setting forth the material terms of the transactions contemplated hereunder and ending immediately prior to the execution hereof. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the representation set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Shares covered by this Agreement. Other than to other Persons party to this Agreement, such Purchaser has maintained the confidentiality of all disclosures made to it in connection with this transaction (including the existence and terms of this transaction). Notwithstanding the foregoing, for avoidance of doubt, nothing contained herein shall constitute a representation or warranty, or preclude any actions, with respect to the identification of the availability of, or securing of, available shares to borrow in order to effect Short Sales or similar transactions in the future.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As a condition of employment, you agree to execute the Company’s standard form of Invention, Non-Disclosure, and Non-Competition Agreement and to be bound by all of the provisions thereof. You hereby represent that you are not presently bound by any employment agreement, confidential or proprietary information agreement, or similar agreement with any current or previous employer that would impose any restriction on your acceptance of this offer or that would interfere with your ability to fulfill the responsibilities of your position with the Company.

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: case from the Southern District of New York that holds that the fact tha ay or may not have out-of-state origins does not demonstrate that Plaintiff was engaged in interstate commerce. Supreme Court precedent has distinguished employees who handle goods for a wholesaler and move these goods interstate from those who handle goods after an employer acquires the goods for local disposition. See McLeod, 319 U.S. at 493, 63 S.Ct. 1248. While the FLSA provides protections for the former group, it may not for the latter. Id.; accord Thorne, at 1267, 2006 WL 1228863, at *3 (“When goods reach the customer for whom they were intended, the interstate journey ends and employees engaged in any further intra state movement of the goods are not covered under the Act”); Xelo, 2005 WL 2385724, at *4 (<HOLDING>). Even Plaintiff concedes that any goods she Options: A. holding that individual coverage is established if a substantial part of an employees activities related to goods whose movement in the channels of interstate commerce was established by the test we have described he is covered by the flsa B. holding that maintenance workers in a building that did produce goods for interstate commerce were covered under the flsa C. recognizing that interpreting the flsa to apply to a handler of any good which has moved interstate would negate the significance of the clause and ignore the intent of congress to create a distinction between certain workers whose activities were covered by the flsa and others whose activities were not D. recognizing the substantial body of case law discussing distinction between preliminary and postliminary activities on the one hand and principle activities of employment on the other E. holding under flsa

assistant: The best answer is C. recognizing that interpreting the flsa to apply to a handler of any good which has moved interstate would negate the significance of the clause and ignore the intent of congress to create a distinction between certain workers whose activities were covered by the flsa and others whose activities were not
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 Transaction Documents may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. This Agreement and any amendments hereto, to the extent signed and delivered by means of electronic transmission, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person.

assistant: Counterparts
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 each Loan Party of the Loan Documents and the other Related Transaction Documents to which it is a party (a) do not require any consent or approval of, registration or filing with, or any action by, any Governmental Authority, except those as have been obtained or made and are in full force and effect and except for filings necessary to perfect or maintain perfection of the Liens created under the Loan Documents, (b) will not violate any Requirement of Law applicable to the Borrower or any of its Subsidiaries or any judgment, order or ruling of any Governmental Authority, (c) will not violate or result in a default under any Contractual Obligation of the Borrower or any of its Subsidiaries or any of its assets or give rise to a right thereunder to require any payment to be made by the Borrower or any of its Subsidiaries, (d) will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Subsidiaries, except Liens (if any) created under the Loan Documents, and (e) do not affect the Borrower’s or any Subsidiary’s right to receive, or reduce the amount of, payments and reimbursements from Third Party Payors, or materially adversely affect any Health Care Permit.

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: Capitalized terms used and not otherwise defined herein shall have the meanings set forth in that certain Securities Purchase Agreement (the “ Purchase Agreement ”), dated March 9, 2016, by and between the Company and the Holder.

assistant: Definitions
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 line into impermissibly stating the prosecutor's belief in the defendant’s guilt, certainly not to the extent that the error is plain and seriously affected the fairness, integrity, or public reputation of the proceeding. See Puckett, 556 U.S. at 135, 129 S.Ct. 1423. We therefore find this argument to be without merit. IV. For the foregoing reasons, we will affirm the District Court’s judgment. * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5,7 does not constitute binding precedent. 1 . Jackson also raises two sentencing arguments to ensure they are preserved for further review, but he properly recognizes that they are foreclosed by our current precedent. Jackson Br. 47-53. 2 . To the extent that Jackson is arguing that he was denied " 7 (3d Cir.2014) (<HOLDING>), with Davis, 726 F.3d at 441 (not listing the Options: A. holding that a new trial was the remedy for erroneous admission of rule 404b evidence B. holding that proponent of 404b evidence must identify a proper 404b purpose for admission that is at issue in the case C. holding that admission of rule 404b evidence was proper D. holding that the admission of rule 404b evidence is proper in a drug case where nine years elapse between the prior conduct and the conduct charged E. holding that rule 404b evidence is admissible in rebuttal

assistant: The best answer is B. holding that proponent of 404b evidence must identify a proper 404b purpose for admission that is at issue in the case
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: assessing her credibility increases in direct correlation with the significance of the attacks on the other aspects of her credibility. The classic example of witness demeanor being of utmost importance in a case is the “she said, he said” trial in which the victim testifies that the defendant committed a crime against her, and the defendant testifies that he did not commit the alleged crime. The proof in such cases is not merely inconsistent but is directly contradictory. Absent significant proof establishing that one or the other witness was simply lying, the witnesses’ demeanor would be a crucial component of evaluating their respective veracity. In such a case, a successor judge would be unable to independently assess the weight of the evidence. See, e.g., Biggs, 218 S.W.3d at 655 (<HOLDING>). Most cases are not so straightforward. Options: A. holding that rule 33s thirteenth juror provision is mandatory and requires a trial judge to act as the thirteenth juror B. holding that successor judge could not act as thirteenth juror because the case involved accusations by the victim and her parents and a denial of any wrongdoing by the defendant with no physical evidence present witness credibility was an overriding issue C. holding that case involving evidence such as eyewitness testimony placing the defendant at the scene acknowledgment by the defendant of a dispute with the victim and theft of the victims purse and dna evidence suggesting that the defendant had engaged in sexual relations with the victim could not be deemed entirely circumstantial D. recognizing that the duty of an appellate court is limited to reviewing whether a trial court performed its obligation as the thirteenth juror and does not include reweighing or reassessing the evidence E. holding that the jury is the judge of the weight and credibility given to witness testimony

assistant: The best answer is B. holding that successor judge could not act as thirteenth juror because the case involved accusations by the victim and her parents and a denial of any wrongdoing by the defendant with no physical evidence present witness credibility was an overriding issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The section and subsection headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. No provision of this Agreement will be interpreted in favor of, or against, either of the parties to this Agreement by reason of the extent to which any such party or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is inconsistent with any prior draft hereof or thereof.

assistant: Counterparts
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 statements set forth in Section 3 shall be true and correct as of the Effective Date, except to the extent that any such statement expressly relates to an earlier date (in which case such statement was true and correct on and as of such earlier date).

assistant: Representations
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 terminate upon the earliest of (a) the Effective Time, (b) the termination of the Merger Agreement in accordance with its terms, and (c) the mutual written agreement of the Parties to terminate this Agreement (such earliest date, the “ Date of Termination ”); provided that the provisions set forth in Sections 14 to 25 shall survive the termination of this Agreement; provided further that any liability incurred by any Party as a result of a breach of a term or condition of this Agreement prior to such termination shall survive the Date of Termination.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrowers shall use the proceeds of Term Loans solely for (a) transaction fees incurred in connection with the Financing Documents and the refinancing on the Closing Date of Debt, and (b) for working capital needs of Borrowers and their Subsidiaries. No portion of the proceeds of the Loans will be used for family, personal, agricultural or household use.

assistant: Use Of Proceeds
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 provided for hereunder shall be in writing and, if to a Pledgor, mailed or delivered to it, addressed to it at the address specified on the signature page of this Agreement, if to the Administrative Agent or a Lender, mailed or delivered to it, addressed to the address of the Administrative Agent or such Lender specified on the signature pages of the Credit Agreement, or, as to each party, at such other address as shall be designated by such party in a written notice to each of the other parties. All notices, statements, requests, demands and other communications provided for hereunder shall be deemed to be given or made when delivered (if received during normal business hours on a Business Day, such Business Day, otherwise the following Business Day) or two Business Days after being deposited in the mails with postage prepaid by registered or certified mail, addressed as aforesaid, or sent by facsimile or electronic communication, in each case of facsimile or electronic communication with telephonic confirmation of receipt. All notices pursuant to any of the provisions hereof shall not be effective until received.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Master Seller is duly formed, validly existing and in good standing under the laws and regulations of the state of Seller’s formation and is duly licensed, qualified, and in good standing in every state where such licensing or qualification is necessary for the transaction of Seller’s business, except to the extent such failure would not reasonably be expected to result in a Material Adverse Effect. Seller has the power to own and hold the assets it purports to own and hold, to carry on its business as now being conducted and proposed to be conducted, and to execute, deliver, and perform its obligations under this Agreement and the other Transaction Documents.

assistant: Organizations
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: actions that occurred before Esparza filed her EEOC charge could not have been'caused by the EEOC filing. See Gumpert v. ABF Freight Sys., Inc., 293 S.W.3d 256, 263 (Tex.App.-Dallas 2009, pet. denied) (plaintiff cannot show a causal link in a retaliation claim when the employer’s alleged acts in retaliation occurred long before the plaintiff engaged in any protected activity); see also Canutillo Indep. Sch. Dist. v. Farran, 409 S.W.3d 653, 656 (Tex.2013) (in Whistleblower Act claim, plaintiff failed to show his report to law enforcement caused the adverse personnel action, because the personnel action occurred before plaintiffs report to law enforcement). Accordingly, the trial court did not err in dismissing Esparza’s retaliation claim. Further, to the extent Es 031-32 (8th Cir.2002) (<HOLDING>); Jackson v. City of Columbus, 194 F.3d 737, Options: A. holding oneday unpaid suspension not an adverse employment action B. holding that a suspension with pay and full benefits pending a timely investigation into suspected wrongdoing is not an adverse employment action C. holding that a suspension with pay may constitute materially adverse action for the purposes of retaliation claims depending on the facts of the case D. holding that termination is an adverse employment action E. holding that suspension with pay was not adverse employment action

assistant: The best answer is E. holding that suspension with pay was not adverse employment action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or a dependent of the Debtor to the extent that the lien impairs an exemption to which the Debtor otherwise would be entitled. The Debtors selected the Federal Exemptions under § 522(d). The Bankruptcy Code does not define “purchase money security interest”, therefore, we must look to state law. See Roberts Furniture Co. v. Pierce (In re Manuel), 507 F.2d 990, 992 (5th Cir.1975). Tex. Bus. & Com.Code Ann. § 9.107 (Vernon Supp.1989) defines a purchase money security interest as follows: A security interest is a “purchase money security interest” to the extent that it is (1) taken or retained by the seller of the collateral to secure all or part of its price; or (2) taken by a person who by making advances or incurring an obligation gives value t lin), 75 B.R. 268 (Bankr.M.D.Ga.1986) (<HOLDING>); In re Faughn, 69 B.R. 18 (Bankr.E.D.Mo.1986) Options: A. holding that in georgia pursuant to 9107 of the ucc refinancing of a promissory note transforms the obligation thereby destroying purchase money nature of the security interest therefore the creditor lost its purchase money security interest pmsi in a television set when the loans were consolidated and lien was avoidable id 89 br 264 18 bcd 58 B. holding that under colorado law refinancing of a purchase money loan whereby an old note and security agreement were canceled and replaced by a new note and security agreement did not automatically extinguish the creditors pmsi in the debtors furniture the parties did not intend the new note to extinguish the original debt and security interest in that identical collateral remained almost no new money was advanced and the document specifically stated an intent to continue the pmsi C. holding courts must look to the law of the state in which the security interest was created to determine if creditor retains a purchase money security interest despite refinancing D. holding that under georgia law a creditors refinancing of a promissory note destroyed the purchase money nature of the creditors security interest in a wall unit which served as collateral E. holding that under minnesota law refinancing and consolidation of purchase money loans did not destroy their purchase money character for bankruptcy lien avoidance purposes

assistant: The best answer is D. holding that under georgia law a creditors refinancing of a promissory note destroyed the purchase money nature of the creditors security interest in a wall unit which served as collateral
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: pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof which shall not he diminished or impaired thereby. Financial benefits arising on account of service rendered in each fiscal year shall he funded during that year and such funding shall not be used for financing unfunded accrued liabilities. This argument was properly rejected by the Court of Appeals in AFT Mich II on the basis of this Court’s holding in Studier that Const 1963, art 9, § 24 protects only accrued, or earned, pension benefits. AFT Mich II, 303 Mich App at 666-667, 670, citing Studier, 472 Mich at 654-658. The form or availability of future pension benefits for state employees is not governed by Const 1963, art 9, § 24. 25 See Roxborough, 309 Mich at 511 (<HOLDING>). See also Martin v Secretary of State, 482 Options: A. holding that the complaints of a public employee about a reorganization plan were on a matter of public concern even though the employee was primarily motivated by the adverse effect of the plan on himself B. holding that the public employee plaintiff was charged with knowledge of the statutory limitation on the governors authority to bind the state to pay the employee a fixed annual salary C. holding that employee may claim contract created based on employer promise of severance pay to employee D. holding that a plaintiff must comply with the notice of claim requirements in order to maintain an action against a government employee even if the plaintiff claims that the employee acted with fraud or malice E. holding that the employers failure to interact with the employee does not preclude the employee from losing on summary judgment because the employee must still prove that a reasonable accommodation could have been made

assistant: The best answer is B. holding that the public employee plaintiff was charged with knowledge of the statutory limitation on the governors authority to bind the state to pay the employee a fixed annual 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 Company and the Consultant acknowledge and agree that during the Consultant’s performance of Services, the Consultant will have access to and may assist in developing Confidential Information and will occupy a position of trust and confidence with respect to the affairs and business of the Company and the Affiliates. Pursuant to 18 USC § 1833(b), an individual may not be held criminally or civilly liable under any federal or state trade secret law for disclosure of a trade secret: (i) made in confidence to a government official, either directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law; and/or (ii) in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Additionally, an individual suing for retaliation based on the reporting of a suspected violation of law may disclose a trade secret to his or her attorney and use the trade secret information in the court proceeding, so long as any document containing the trade secret is filed under seal and the individual does not disclose the trade secret except pursuant to court order.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties to this Agreement and any such person or entity granted rights hereunder whether or not such person or entity is a signatory hereto shall be entitled to enforce its rights under this Agreement specifically to recover damages and costs for any breach of any provision of this Agreement and to exercise all other rights existing in its favor. The parties hereto agree and acknowledge that money damages may not be an adequate remedy for any breach of the provisions of this Agreement and that each party may in its sole discretion apply to any court of law or equity of competent jurisdiction for specific performance, injunctive relief and/or other appropriate equitable relief (without posting any bond or deposit) in order to enforce or prevent any violations of the provisions of this Agreement. Each party shall be responsible for paying its own attorneys’ fees, costs and other expenses pertaining to any such legal proceeding and enforcement regardless of whether an award or finding or any judgment or verdict thereon is entered against either party.

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 Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with its terms and that the Parties hereto will be entitled to specific performance of such terms, in addition to any other remedy at law or in equity, without the necessity of demonstrating the inadequacy of monetary damages and without the posting of a bond.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was the private property of the client. 524 U.S. at 173, 118 S.Ct. 1925. This Court agrees that, as a general proposition, interest does indeed follow principal. See id. at 165, 118 S.Ct. 1925 (“interest shall follow the principal, as the shadow the body”) (quoting Beckford v. Tobin, 27 Eng. Rep. 1049, 1051 (Ch. 1749) (internal quotations omitted)). Thus, in the case of the ordinary citizen, the interest earned on wages placed in a bank account is undoubtedly the property of the citizen who performed the labor. But prisoners are not ordinary citizens. As the Magistrate Judge noted, there is a split in the circuits as to whether the interest generated from the investment of prisoner wages constitutes private property for purposes of the Takings Clause. Compare Givens, 381 F.3d at 1070 (<HOLDING>), and Washlefske, 234 F.3d at 186 (same), with Options: A. holding that plaintiffs may have a property interest in real property B. holding inmates possess a constitutionally cognizable property interest in the interest earned on money held in their prison accounts C. holding that because prisoner did not have private property interest in his prison accounts there could be no unconstitutional taking D. holding that pay on death accounts were not part of the bankruptcy estate under 541 because under kansas law debtor had no property interest in the accounts until the death of the owner E. holding a prisoner has no constitutional right to a job in prison

assistant: The best answer is C. holding that because prisoner did not have private property interest in his prison accounts there could be no unconstitutional taking
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: Co. 816 A.2d 1179 (Pa.Super.2003), which applied an analogous misfeasance/nonfeasance analysis. It is also supported by a number of federal district court eases applying Pennsylvania law. See, e.g., Precision Printing Co. v. Unisource Worldwide, Inc., 993 F.Supp. 338, 356 (W.D.Pa.1998) (“[A] promise which the promisor had no intention of keeping at the time he made it may be actionable as fraud.”); Leonard A. Feinberg, Inc. v. Cent. Asia Capital Corp., 974 F.Supp. 822, 843 (E.D.Pa.1997) (“ ‘[A] cause of action for fraud can be predicated on future promises if the defendant knew at the time he made the promise that he would not carry it out.’ ”) (quoting Killian v. McCulloch, 850 F.Supp. 1239, 1255 (E.D.Pa., 1994)); Fox’s Foods, Inc. v. Kmart Corp., 870 F.Supp. 599, 609 (M.D.Pa.1994) (<HOLDING>); Ebeling & Reuss, Ltd. v. Swarovski, Int’l, Options: A. holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court B. holding that evidence was sufficient for jury to determine date employment was to begin C. holding there was sufficient evidence for a jury to conclude that the defendant did not intend to perform when the promise was made D. holding that a party was not entitled to damages when an agreement clearly designated a provision as a condition precedent and not a promise to perform E. holding that the evidence was sufficient for the jury to find that an oral agreement existed and that it was not modified

assistant: The best answer is C. holding there was sufficient evidence for a jury to conclude that the defendant did not intend to perform when the promise was made
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 constitutes the entire agreement of the parties with regard to the subject matter hereof, and contains all the covenants, promises, representations, warranties and agreements between the parties with respect to the Award granted hereby; provided ¸ however , that the terms of this Agreement shall not modify and shall be subject to the terms and conditions of any employment, consulting and/or severance agreement between the Company (or an Affiliate or other entity) and you in effect as of the date a determination is to be made under this Agreement. Without limiting the scope of the preceding sentence, except as provided therein, all prior understandings and agreements, if any, among the parties hereto relating to the subject matter hereof are hereby null and void and of no further force and effect.

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 legal provision and list the applicable contract clause categories. Provision: Licensee will procure and maintain insurance policies for the following coverages with respect to product liability, personal injury, bodily injury, and property damage arising out of Licensee’s (and its Affiliates’ and any Sublicensees’) performance under this Agreement: (a) during the term of this Agreement, comprehensive general liability, including broad form and contractual liability, in a minimum amount of * * * combined single limit per occurrence (or claim) and in the aggregate annually; (b) prior to the commencement of clinical trials involving Licensed Products and thereafter for a period of not less than * * * (or such longer period as Licensee is required by applicable law to continue to monitor the participants in the clinical trial), clinical trials coverage in amounts that are reasonable and customary in the U.S. pharmaceutical industry, subject always to a minimum limit of * * * combined single limit per occurrence (or claim) and in the aggregate annually; and (c) from prior to the first commercial sale of a Licensed Product until * * * after the last sale of a Licensed Product, product liability coverage, in amounts that are reasonable and customary in the U.S. pharmaceutical industry, subject always to a minimum limit of * * * combined single limit per occurrence (or claim) and in the aggregate annually. Licensor may review periodically the adequacy of the minimum amounts of insurance for each coverage required by this Section 8.5, and Licensor reserves the right to require Licensee to adjust the limits accordingly. The required minimum amounts of insurance do not constitute a limitation on Licensee’s liability or indemnification obligations to the Licensor Indemnified Parties under this Agreement. The policies of insurance required by this Section 8.5 will be issued by an insurance carrier with an A.M. best rating of * * * or better and will name Licensor as an additional insured with respect to Licensee’s performance (and its Affiliates’ and any Sublicensees’) under this Agreement. Licensee will provide Licensor with insurance certificates evidencing the required coverage within * * * after the Effective Date and the commencement of each policy period and any renewal periods. Each certificate will provide that the insurance carrier will notify Licensor in writing at least * * * prior to the cancellation or material change in coverage. Licensee will cause all Sublicensees to comply with the terms of this Section 8.5 to the same extent as Licensee.

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: requires tha ion the sentencing alternatives available to the court shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation.”). The same is true under federal law. See United States v. Hidalgo-Macias, 300 F.3d 281, 285 (2d Cir.2002) (compiling cases); United States v. Thomas, 961 F.2d 1110, 1119 (3d Cir.1992) ("For parole and probation revocations, the Guidelines specify that the original sentence and the sentence imposed after probation is revoked are added and counted as if they were one sentence.”). 4 . In subsequent cases, we noted that this exception to mootness only applies where a “personal liberty interest is at stake.” Matter of Kulp Foundry, Inc., 691 F.2d 1125, 1129 (3d Cir.1982) (<HOLDING>). There can be no question, however, that a Options: A. recognizing that under puerto rico law res judicata may not apply if public policy demands an exception but noting that this exception was successfully argued in only two cases and concluding that public policy does not demand an exception in this case B. holding that the exception does not apply to osha inspection cases C. holding that alleyne does not apply to cases on collateral review D. recognizing exception E. holding report to authorities for violating osha does not qualify as protected activity under title vii

assistant: The best answer is B. holding that the exception does not apply to osha inspection cases
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 and the Company agree not to make any statements that disparage the reputation of (i) the Company , its products, services or employees, or (ii) Executive. Executive and the Company further acknowledge and agree that any breach or violation of this non-disparagement provision shall entitle Executive or the Company to seek injunctive relief to prevent any future breaches of this provision and/or to sue the other party on this Agreement for the immediate recovery of any damages caused by such breach. For purposes of this Agreement Section 10(c), the Company’s obligation shall be limited to the Governance and Nominating Committee of TCB’s Board and executives who are members of TCB’s Senior Policy Committee.

assistant: Non-Disparagement