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: During the Term (as defined below), Executive shall serve the Company as President of the Completion Services division, or in such other capacity as the Board or the Chief Executive Officer of the Company shall determine. Executive shall comply with the policies of the Company as may be in effect from time to time for executive officers, including, without limitation, the Company’s policies regarding confidentiality, ownership of intellectual property, drug testing, discrimination and harassment, and ethical conduct. Executive shall have such duties, authorities and responsibilities as the Board or the Chief Executive Officer of the Company shall designate that are consistent with Executive’s position.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date of origination and to the Seller’s knowledge as of the Cut-off Date, all real estate taxes, governmental assessments and other similar outstanding governmental charges (including, without limitation, water and sewage charges) due with respect to the Mortgaged Property (excluding any related personal property) securing the related Mortgage Loan that is or if left unpaid could become a lien on the related Mortgaged Property that would be of equal or superior priority to the lien of the Mortgage and that became due and delinquent and owing prior to the Cut-off Date with respect to each related Mortgaged Property have been paid, or, if the appropriate amount of such taxes or charges is being appealed or is otherwise in dispute, the unpaid taxes or charges are covered by an escrow of funds or other security sufficient to pay such tax or charge and reasonably estimated interest and penalties, if any, thereon. For purposes of this representation and warranty, such taxes, governmental assessments and other outstanding governmental charges shall not be considered delinquent until the date on which interest and/or penalties would be payable thereon.

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

user: NOTWITHSTANDING THE ABOVE, HOWEVER, NO INFORMATION CONSTITUTES CONFIDENTIAL INFORMATION IF IT IS GENERIC INFORMATION OR GENERAL KNOWLEDGE WHICH COVENANTOR WOULD HAVE LEARNED IN THE COURSE OF SIMILAR EMPLOYMENT ELSEWHERE IN THE TRADE, IF SUCH INFORMATION IS LAWFULLY AVAILABLE TO COVENANTOR FROM A SOURCE OTHER THAN THE COMPANY, OR IF IT IS OTHERWISE PUBLICLY KNOWN AND IN THE PUBLIC DOMAIN.

assistant: No
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: 384 U.S. 886 86 S.Ct. 1906 16 L.Ed.2d 993 Anthony CASTALDI, petitioner,v.UNITED STATES. No. 33. Carmine P. TRAMUNTI, petitioner, v. UNITED STATES. No. 218. Supreme Court of the United States June 20, 1966 Daniel H. Greenberg, for petitioner Castaldi. Philip R. Edelbaum, for petitioner Tramunti. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Richard W. Schmude, for the United States in No. 33. Solicitor General Cox, Assistant Attorney General Vinson, Beatrice Rosenberg and Theodore George Gilinsky, for the United States in No. 218. On Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States District Court for the Southern District of New York for further proceedings in the light of Shillitani v. United States, 384 U.S. 364, 86 S.Ct. 1531, 16 L.Ed.2d 622. 2 Mr. Justice BLACK concurs in the result. 3 Mr. Justice HARLAN dissents for the reasons stated in his opinion in Cheff v. Schnackenberg, 384 U.S. 373, at 380, 86 S.Ct. 1537, 16 L.Ed.2d 629, at 634.

assistant: 1
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 shall employ the Executive, and the Executive agrees to be so employed, in the capacity of Executive Vice President and Chief Financial Officer to serve for the Term (as hereinafter defined) hereof, subject to earlier termination as hereinafter provided.

assistant: Employment
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 LOAN DOCUMENTS (OTHER THAN AS EXPRESSLY SET FORTH IN OTHER LOAN DOCUMENTS) SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK AND (TO THE EXTENT APPLICABLE) THE BANKRUPTCY CODE.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for terminating him was pretextual; in fact, he does not even appear to challenge Bolivar’s allegations regarding his performance. This alone would be reason enough to dismiss the discrimination claim because a plaintiff is required to rebut each nondiscriminatory reason articulated by his employer to carry his burden of demonstrating pretext. See id. With respect to Bolivar’s claim that he improperly accused his superiors of racism, McKinney denies ever making such statements. However, regardless of whether McKinney made the alleged accusations, the relevant issue is whether Bolivar believed in good faith that such accusations were made and whether McKinney was truly terminated based on that good faith belief. See Waggoner v. City of Garland, 987 F.2d 1160, 1165-66 (5th Cir.1993) (<HOLDING>). Even assuming that McKinney’s supervisors Options: A. holding that an employee may establish that the legitimate reason for an employment decision offered by an employer is pretextual by showing by a preponderance of the evidence either that the discrim inatory reason was the true reason motivating the employers conduct or that the profferred legitimate reason was false B. holding that if a direct supervisor who had the responsibility to stop harassment knew of and failed to act against it the plaintiff has no further obligation to bring it to the employers attention C. holding that a plaintiff has not demonstrated that the employers reason for terminating him was pretextual if the employer reasonably believed the complaint of sexual harassment lodged against the plaintiff and acted on it in good faith D. holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations E. holding that the plaintiff must establish that a supervisors harassment was within the scope of his employment and that the employer failed to respond adequately and effectively when it learned of the harassment

assistant: The best answer is C. holding that a plaintiff has not demonstrated that the employers reason for terminating him was pretextual if the employer reasonably believed the complaint of sexual harassment lodged against the plaintiff and acted on it in good faith
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whether plaintiffs were entitled to the injunction under § 1983 for the violation of the federal regulations. Taking a cue from Justice Stevens's dissent in Sandoval, the South Camden court determined that Sandoval did not preclude § 1983 actions, even those brought under § 602 of Title VI. After a lengthy analysi (E.D.Mich.2001) contains a rather detailed discussion of Sandoval and § 1983. In Lucero, the district court concluded that there was a private right enforceable under § 1983 for violations of regulations passed pursuant to § 602. The Lucero court, however, resides in the Sixth Circuit, which has a more liberal standard regarding whether federal rights can stem from regulations to uphold § 1983 claims. See Loschiavo v. City of Dearborn, 33 F.3d 548, 554 (6th Cir.1994) (<HOLDING>); but see Harris v. James, 127 F.3d 993, 1009 Options: A. recognizing that the supremacy clause does not of its own force create rights B. holding that title xix providers have federal rights enforceable in a 1983 action C. recognizing that these two recent supreme court decisions resolve the issue of whether federal regulations alone can create enforceable rights under 1983 D. holding that regulations do not create enforceable rights when they are too far removed from congressional intent E. holding federal regulations have the force of law and may create enforceable rights

assistant: The best answer is E. holding federal regulations have the force of law and may create enforceable rights
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: battery.” Id. (citing Davis v. State, 804 So.2d 400, 404 (Fla. Dist. Ct. App. 2001) (deeming it fundamental error to give an inaccurate and misleading instruction where the effect of that instruction is to negate a defendant’s only defense); Harris v. State, 570 So.2d 397, 399 (Fla. Dist. Ct. App. 1990) (instructing that the trial court should give a complete and accurate instruction so as not to negate the defendant’s theory of self-defense)). Giles noted that although aggravated battery is indeed a forcible felony, the Florida statute’s plain language reflects that it applies “only under circumstances where the person claiming self-defense is engaged in another, independent ‘forcible felony’ at the time.” 831 So.2d at 1265 (citing Perkins v. State, 576 So.2d 1310 (Fla. 1991) (<HOLDING>)). That is, “[t]he instruction is normally Options: A. holding that a reasonable jury could have concluded based on repeated references to the substance as cocaine and testimony from witnesses who had used the substances which they believed to be cocaine that substance was cocaine B. holding that the term cocaine base in 21 usc 841b1 refers to cocaine in its chemically basic form which includes but is not limited to crack cocaine C. holding that cocaine trafficking was not a forcible felony so as to preclude the defense of selfdefense when the killing occurred during an attempt to traffic in cocaine D. holding that district court did not err in determining that cocaine base was crack cocaine based on chemical analysis identifying cocaine base together with competent lay testimony bridging the evidentiary gap between cocaine base and crack cocaine and refusing to require showing of smokeability ie water solubility or melting point for purposes of establishing crack cocaine under the guidelines since smokeability distinguishes cocaine base from powder cocaine not from crack E. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell

assistant: The best answer is C. holding that cocaine trafficking was not a forcible felony so as to preclude the defense of selfdefense when the killing occurred during an attempt to traffic in cocaine
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: Neither Borrower nor any Guarantor is a party to any agreement or instrument or subject to any restriction which could be reasonably likely to have a Material Adverse Effect. Neither Borrower nor any Guarantor is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party or by which Borrower, Guarantor or any of its or their assets is bound. Neither Borrower nor any Guarantor has material financial obligation under any agreement or instrument to which Borrower or any Guarantor is a party or by which Borrower, Guarantor or any of its or their assets is bound, other than (a) obligations incurred in the ordinary course of the operation of the Borrower’s and Guarantors’ business, (b) obligations under the Senior Loan Documents and (c) obligations under this Agreement, the Note and the other Loan Documents. Other than the Senior Loan Documents, and subject to the Intercreditor Agreement, there is no agreement or instrument to which Borrower is a party or by which Borrower is bound that would require the subordination in right of payment of any of Borrower’s obligations hereunder or under the Note to an obligation owed to another party.

assistant: 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: Subject to the Participant’s other commitments, the Participant agrees to reasonably cooperate (but only truthfully) with the Employer and the Company and provide information as to matters which the Participant was personally involved, or has information on, during the Participant’s employment with the Employer and which are or become the subject of litigation or other dispute.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of the Plan shall be held illegal or invalid for any reason, such illegality or invalidity shall not affect the remaining provisions of the Plan, and the Plan shall be enforced as if the invalid provisions had never been set forth therein.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not , directly or indirectly , export , re-export or download any products , services or technology of oculus , including , without limitation , the services : ( a ) to any individual , entity or country prohibited by export laws , including by any us sanctions programme ; ( b ) to anyone on the sdn list , the denied persons list or entity list or other export control lists ; or ( c ) for any purpose prohibited by export laws , including nuclear , chemical or biological weapons proliferation or the development of missile technology .

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: Subject to Section 2.1 , at the request of any Account Party, each Lender agrees, on and subject to the terms and conditions of this Agreement, to issue Letters of Credit as Syndicated Letters of Credit for the account of such Account Party in Dollars from time to time during the Availability Period. Each Syndicated Letter of Credit shall be issued severally by all of the Lenders acting through the LC Administrator, at the time of issuance as a single multi-bank letter of credit, and shall be substantially in the form of Exhibit F with such changes therein as the LC Administrator (in consultation with the applicable Account Party) determines are acceptable to it and not adverse to the interests of the Lenders, provided that it is the intention of the parties to this Agreement that Syndicated Letters of Credit issued to support reinsurance-related obligations shall have terms and conditions necessary to qualify such Syndicated Letters of Credit as permissible collateral under applicable Law and, subject to the terms and conditions of this Agreement, the LC Issuers agree to issue such Syndicated Letters of Credit.

assistant: General
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 the terms and conditions set forth herein, in addition to the Loans provided for in Section 2.01 , the Borrower may request the Issuing Lender to issue, at any time and from time to time during the Revolving Availability Period, Letters of Credit for its own account in such form as is acceptable to the Issuing Lender in its reasonable determination. Letters of Credit issued hereunder shall constitute utilization of the Revolving Commitments. The letters of credit issued and outstanding under the Existing Credit Agreement on the Sixth Restatement Effective Date as described on Schedule 2.04(a) (the “ Existing Letters of Credit ”) shall be deemed to be “Letters of Credit” for all purposes of this Agreement and the other Loan Documents (and, for avoidance of doubt, the interests and participations therein of all the Revolving Lenders in the Existing Letters of Credit as of the Sixth Restatement Effective Date shall be deemed re-allocated ratably in proportion to their respective Revolving Commitments as of such date).

assistant: General
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 notice required or permitted hereunder shall be (i) given in writing and shall be deemed effectively given upon personal delivery, upon deposit for delivery by an internationally recognized express mail courier service or upon deposit in the United States mail by certified mail (if the parties are within the United States), with postage and fees prepaid, addressed to the other party at its address as shown in these instruments, or to such other address as such party may designate in writing from time to time to the other party or (ii) delivered electronically through the Company’s electronic mail system (including any notices delivered by a third-party) and shall be deemed effectively given upon such delivery. Any documents required to be given or delivered to the Optionee related to current or future participation in the Plan may also be delivered through electronic means as described in paragraph 19 below.

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: At any time prior to the payment of an Award, the Committee may, in its sole discretion, (i) increase, decrease or eliminate the Award payable to any Participant who is not a Covered Employee and who would not become a Covered Employee as a result of any such increase and/or (ii) decrease or eliminate the Award payable to any Covered Employee, in each case to reflect the individual performance and contribution of, and other factors relating to, such Covered Employee. The Committee may make such adjustments, to the extent it deems appropriate to any Award to compensate for, or to reflect, any Extraordinary Event. The determination of the Committee as to matters set forth in this Section 9(b) shall be final and conclusive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise determined by the Committee in its sole discretion, on each vesting date set forth in the Grant Notice (each a “Vesting Date”), the Option described in the Grant Notice shall be vested and exercisable with respect to the number of Shares that corresponds to the Vesting Date on the Grant Notice, provided that the Participant is actively employed by the Company or an Affiliate on the relevant Vesting Date. For purposes of this Award Agreement, an “Affiliate” of the Company is an individual or entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, the Company.

assistant: Vesting
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: ensures that a nonresident defendant will not be haled into court based upon “random, fortuitous or attenuated” contacts with the forum state. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985). This requirement is satisfied if the defendant “has taken deliberate action” toward the forum state. Panavision Intern., L.P. v. Toep-pen, 141 F.3d 1316, 1320 (9th Cir.1998). Application of the purposeful availment requirement differs depending on whether the underlying claim is in tort or contract. Ziegler v. Indian River County, 64 F.3d 470, 473 (9th Cir.1995). In tort cases, jurisdiction may attach if the defendant’s conduct is aimed at or has an effect in the forum state. See Calder v. Jones, 465 U.S. 783, 789-90, 104 S.Ct. 1482, 79 L.Ed.2d 804 (1984) (<HOLDING>); see also Panavision, 141 F.3d at 1321. Under Options: A. holding that an intentional tort knowingly directed at a forum resident satisfies the minimum contacts test B. holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum C. holding that minimum contacts exist if the defendant has purposely directed his activities at residents of the forum and the litigation results from alleged injuries that arise out of or relate to those activities D. holding that sufficient minimum contacts exist when nonresident defendant purposefully directed action toward texas E. holding that minimum contacts exist if the defendant has purposefully directed his activities at residents of the forum and the litigation results from alleged injuries that arise out of or relate to those activities

assistant: The best answer is A. holding that an intentional tort knowingly directed at a forum resident satisfies the minimum contacts test
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 is hereby employed as the Executive Vice President and Chief Human Resources Officer of the Company. In such capacity, Executive shall have the duties and responsibilities commensurate with such position as shall be assigned to her by the Chief Executive Officer of the Company (the “Chief Executive Officer”).

assistant: Employment
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: part of the respective suppliers), such sports-related organizations should have the right to determine for themselves the set of rules that they believe best advance their respective sport (and therefore their own business interests), without undue and costly interference on the part of courts and juries. 3. Antitrust Injury We next come to the question of antitrust injury and standing. To establish antitrust injury, a plaintiff must show harm to competition, not just harm to the plaintiff competitor. See Brunswick Corp., 429 U.S. at 488, 97 S.Ct. 690. We agree with the District Court that STA does not satisfy this requirement. It is well established that competition among businesses to serve as an exclusive supplier should actually be encouraged. See, e.g., Menasha, 354 F.3d at 663 (<HOLDING>). In Section III. B.l, supra, this Court Options: A. recognizing that in the face of a powerful combination of threats and promises even a defendant who is completely innocent might well confess B. recognizing that conflict preemption precludes laws that under the circumstances of a particular case stand as an obstacle to the accomplishment and execution of the full purposes and objectives of congress omission alteration internal quotation marks and citation omitted C. recognizing that competition to become exclusive supplier is a vital form of rivalry and often the most powerful one which the antitrust laws encourage rather than suppress citation omitted D. recognizing that dismissal is warranted only in extreme cases citation omitted E. recognizing in the context of damages that antitrust cases often involve tracing a cost increase through several levels of a chain of distribution

assistant: The best answer is C. recognizing that competition to become exclusive supplier is a vital form of rivalry and often the most powerful one which the antitrust laws encourage rather than suppress citation omitted
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: a void judgment.” The effect of the court’s proclamation is the granting of a post-judgment mistrial, which the State argues is a “functional impossibility.” “Although nowhere expressly provided for in the Code of Criminal Procedure, an order of mistrial ordinarily occurs before completion of the trial and the rendition of judgment.” Rodriguez v. State, 852 S.W.2d 516, 518 (Tex.Crim.App.1993). This Court has previously held that where a trial court orders a post-verdict mistrial, it is “functionally indistinguishable” from the granting of a motion for new trial because it “returns the case to the posture in which it had been before trial.” State v. Garza, 774 S.W.2d 724, 726 (Tex.App. — Corpus Christi 1989, pet. ref'd); see also State v. Evans, 843 S.W.2d 576, 577 (Tex.Crim.App.1992) (<HOLDING>). In the instant case, not only had the jury Options: A. holding order granting motion to withdraw plea to be the functional equivalent of an order granting a new trial because like a postverdict mistrial it returns case to posture it had been before trial B. holding that an order granting a new trial in a civil action is appealable C. holding order granting a new trial is not a final appealable order because it does not terminate the action or any of the claims or parties in the action D. holding that an order vacating an arbitration award and directing a rehearing is the functional equivalent of an order granting a new trial E. holding that order to vacate award and order new arbitration is the functional equivalent of an order granting a new trial and therefore not subject to direct appellate review quoting stothandske 14 sw3d at 814

assistant: The best answer is A. holding order granting motion to withdraw plea to be the functional equivalent of an order granting a new trial because like a postverdict mistrial it returns case to posture it had been before trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Person has acted, directly or indirectly, as a broker or finder for Parent nor Buyer nor any of their respective Affiliates in connection with the transactions contemplated by this Agreement and no Person will be entitled to any fee or commission or like payment in respect thereof.

assistant: Brokers
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 believe that he would be prohibited from taking the weapon on board the aircraft. Wallace’s assertion that he sought to introduce this evidence is contradicted by his statement that the parties stipulated to the existence of all elements necessary for a conviction under 49 U.S.C. § 1472(f), with the one exception concerning the question of whether a stun gun is a dangerous weapon within the meaning of the statute. Brief for Appellant at 7. Accordingly, the Government opposes Wallace’s attempt to raise the question of his intent to conceal the weapon on appeal because the record does not show any effort to introduce evidence on non-concealment at trial. See United States v. Whitten, 706 F.2d 1000, 1012 (9th Cir.1983), cert. denied, 465 U.S. 1100, 104 S.Ct. 1593, 80 L.Ed.2d 125 (1984) (<HOLDING>). Assuming, however, that this issue is Options: A. holding that issues not raised before the trial court cannot be raised on appeal B. holding that errors not raised before the trial court will not generally be considered on appeal C. holding that an issue not presented to the trial court will not be considered on appeal D. holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal E. holding that a claim not raised before the trial court will not be considered for the first time on appeal

assistant: The best answer is B. holding that errors not raised before the trial court will not generally be considered on appeal
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 direction that findings of fact be entered on these issues.”); Dalton v. Vo, 224 Ga. App. 382, 382-83 (480 SE2d 377) (1997) (“[T]he trial court did not make the findings of fact necessary to vest it with discretion to dismiss this appeal.” (citation omitted)); Crenshaw, 202 Ga. App. at 611 (1) (reversing and remanding the denial of a motion to dismiss appeal when the trial court failed to make findings of fact and instead denied “without elaboration”); Ga. Dep’t of Human Res., 194 Ga. App. at 279 (“The failure to ascertain the reasonableness and excusableness of the delay mandates a reversal of the order and a remand with instruction that findings be made on these issues.” (citations omitted)). Compare Mitchell v. 3280 Peachtree 1, LLC, 285 Ga. 576,577 (2) (678 SE2d 880) (2009) (<HOLDING>); Brandenburg v. All-Fleet Refinishing, Inc., Options: A. holding that trial court made sufficient findings of fact when it dismissed appeal B. holding that a reviewing court will only presume that the trial court made implicit factual findings when such findings were necessary to its ultimate conclusion C. holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it D. 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 E. holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact

assistant: The best answer is A. holding that trial court made sufficient findings of fact when it dismissed appeal
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: In the event that any provision of this Agreement shall be held illegal or invalid for any reason, such illegality or invalidity shall not affect the remaining parts of this Agreement, and this Agreement shall be construed and enforced as if the illegal or invalid provision had not been included.

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 case excerpt and choose the best holding from the options. Case excerpt: mentioned, and removing to the Indian country, sustains to the whole number of Cherokees residing in the Cherokee Nation.” The Delawares paid $121,824.28 into the Cherokee national fund based on the formula recited in the agreement. The 1867 Agreement concluded: On fulfillment by the Delawares of the foregoing stipulations, all the members of the tribe, registered as above provided, shall become members of the Cherokee Nation, with the same rights and immunities, and the same participation (and no other,) in the national funds, as native Cherokees, save as hereinbefore provided. And the children hereafter born of smh Delawares so incorporated into the Cherokee Nation, shall in all respects be regarded as native 234, 256 (1903) aff'd 193 U.S. 127, 24 S.Ct. 342, 48 L.Ed. 646 (1904) (<HOLDING>); Delaware Indians v. Cherokee Nation, 193 U.S. Options: A. holding that the united states has not recognized the sovereignty of the moorish nation thus precluding sovereign immunity claims B. holding that jurisdictional requirements were met because the flag nation consented to the enforcement of the mdlea over the foreign vessel C. holding that as a matter of law the embassy of a sovereign nation is a foreign state D. recognizing the structure of our nation as a union of states each possessing equal sovereign powers E. holding that by the introduction and admission of the delawares as part of the cherokee nation they became a part of the people of such nation and bound in common with the cherokees by the political power of the nation

assistant: The best answer is E. holding that by the introduction and admission of the delawares as part of the cherokee nation they became a part of the people of such nation and bound in common with the cherokees by the political power of the nation
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 further police-initiated custodial interrogation even if he has been advised of his rights.’” State v. Kell, 303 Or 89, 96, 734 P2d 334 (1987) (quoting Edwards v. Arizona, 451 US 477, 484, 101 S Ct 1880, 68 L Ed 2d 378 (1981)). When a defendant invokes the right to counsel, police must cease all interrogation until an attorney is provided, unless the defendant “initiates further communication, exchanges, or conversations with the police.” Id. To “initiate [] further communication, exchanges, or conversations with the police,” a defendant must ask a question that “represent[s] a desire on the part of an accused to open up a more generalized discussion relating directly or indirectly to the investigation.” Oregon v. Bradshaw, 462 US 1039, 1045, 103 S Ct 2830, 77 L Ed 2d 405 (1983) (<HOLDING>). However, certain questions do not reinitiate Options: A. holding that it was not a violation of caldwell for the prosecutor to note a number of things have to happen before a death sentence is sought B. holding that communication was initiated by the question well what is going to happen to me now C. holding that defendants statement to analysts those countries all continue to do well for us was puffing in part because he omitted any mention of why how under what standard or compared to what those markets were doing well emphasis added D. recognizing that what is now 893804 is the codification of holytz E. holding that what is important is not simply that the element at issue is defined in terms of what it does but that the term as the name for a structure has a reasonably well understood meaning in the art

assistant: The best answer is B. holding that communication was initiated by the question well what is going to happen to me now
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: Where any person is entitled to receive Shares pursuant to the exercise of the Option granted hereunder, the Company shall have the right to require such person to pay to the Company the amount of any tax which the Company is required to withhold with respect to such Shares, or, in lieu thereof, to retain, or to sell without notice, a sufficient number of Shares to cover the amount required to be withheld. Section 14.2 of the Plan is incorporated by reference herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the agreements of Agent and Lenders contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Loan Party, on behalf of itself and its respective successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges Agent and Lenders, and their successors and assigns, and their present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, officers, attorneys, employees, agents and other representatives (Agent, each Lender and all such other Persons being hereinafter referred to collectively as the " Releasees " and individually as a " Releasee "), of and from all demands, actions, causes of action, suits, covenants, contracts, controversies, agreements, promises, sums of money, accounts, bills, reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a " Claim " and collectively, " Claims ") of every name and nature, known as of the date of this Amendment, both at law and in equity, which each Loan Party, or any of its respective successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the day and date of this Amendment, in each case for or on account of, or in relation to, or in any way in connection with any of the Credit Agreement, or any of the other Loan Documents or transactions thereunder or related thereto.

assistant: Releases
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: problems. See maj. op. 146, n.5; Toland, 364 P.2d at 593 (concluding the "summary, hasty, middle of the night justice" dispensed to a suspected drunk driver after a crash did not comport with due process). By distinguishing To-land, the majority sets up two tiers of invalid convictions: There are stark constitutional violations, like those in Toland, that demand setting the defendant back to the status quo ante, and then there are arguably less egregious but nonetheless invalid convictions, like Nelson's, for which reimbursement is unavailable. But reversal is reversal. And an invalid conviction is no conviction at all. T61 Other courts have' recognized what the interests of justice compel in similar circumstances. See United States v. Hayes, 385 F.3d 1226, 1229-30 (Oth Cir.2004) (<HOLDING>); Telink Inc. v. United States, 24 F.3d 42, 47 Options: A. holding that where juror did not disclose that she had an interest in the conviction of the defendant probable prejudice is shown and the conviction must be reversed B. holding that where the defendants conviction was reversed on collateral review the government must return amounts paid as special assessments and costs though it need not reimburse for restitution disbursed after the conviction became final C. holding resentencing does not affect the date on which the judgment of conviction became final D. holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime E. holding that where a conviction is reversed after trial the double jeopardy clause does not bar a government appeal that if successful would only reinstate the conviction and would not subject defendant to a second trial

assistant: The best answer is B. holding that where the defendants conviction was reversed on collateral review the government must return amounts paid as special assessments and costs though it need not reimburse for restitution disbursed after the conviction became final
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 Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect or which shall be completed at the appropriate time for such filings under applicable securities laws, (b) will not violate, to the Credit Parties’ knowledge, any applicable law, regulation or order of any Governmental Authority to the extent that such violation could reasonably be expected to have a Material Adverse Effect, (c) will not violate the charter, by-laws or other Organizational Documents of any Credit Party or any of the Borrower’s Subsidiaries, (d) will not violate or result in a default under any indenture, agreement or other instrument binding upon any Credit Party or any of the Borrower’s Subsidiaries or its assets, or give rise to a right thereunder to require any payment to be made by any Credit Party or any of the Borrower’s Subsidiaries to the extent that such violation, default or right to require payment could reasonably be expected to have a Material Adverse Effect, and (e) will not result in the creation or imposition of any Lien on any Collateral, except pursuant to the Deed of Trust and the Pledge Agreements.

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: . Rodriguez v. City of New York, 72 F.3d 1051, 1060-61 (2d Cir.1995); Ferrostaal, Inc. v. Union Pacific R. Co., 109 F.Supp.2d 146, 148 (S.D.N.Y.2000) (The initial burden rests on the moving party to demonstrate the absence of a genuine issue of material fact 30 . Fed.R.Civ.P. 56(e); See also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Kittay v. Peter D. Leibowits Co. (In re Duke & Benedict, Inc.), 265 B.R. 524, 529 (Bankr.S.D.N.Y.2001) ("[T]he nonmoving party must set forth specific facts that show triable issues, and cannot rely on pleadings containing mere allegations or denials."). 31 . See Matsushita, 475 U.S. at 587, 106 S.Ct. 1348 (<HOLDING>); Virgin Atlantic Airways Ltd. v. British Options: A. holding that a reasonable trier of fact could find that the defendants acted with malice B. holding that summary judgment is unwarranted if the evidence is such that a reasonable jury could return a verdict for the nonmoving party C. holding that summary judgment is appropriate wjhere the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party D. recognizing that the burden on summary judgment shifts to the nonmoving party once the moving party has met its initial responsibility of showing the absence of a triable issue of fact and that the moving party is entitled to summary judgment if the nonmoving party fails to make a sufficient showing on an essential element of the case E. holding that a trial court may enter summary judgment for a nonmoving party under appropriate circumstances

assistant: The best answer is C. holding that summary judgment is appropriate wjhere the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party
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: L.Ed.2d 747 (2015); City of Boerne v. Flores, 521 U.S. 507, 532-36, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). This remains true today for all cases but those governed by the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). See Holt, 135 S.Ct. at 859-60; Stormans, Inc. v. Wiesman, 794 F.3d 1064, 1076 n. 4 (9th Cir.2015). 14 . The court recognizes the other motivation behind this act, namely "to ensure that California residents make their personal reproductive health care decisions knowing their rights and the health care services available to them.” AB 775 § 2. But a law that aims to regulate religious conduct for distinctive treatment is not rendered constitutional simply because its stated purpose is benign or neutral. See Lukumi, 508 U.S. at 534, 113 S.Ct. 2217 (<HOLDING>). 15 . Although the legislature discussed CPC Options: A. holding laws that target religious conduct for distinctive treatment cannot be shielded by mere compliance with the requirement of facial neutrality B. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise C. holding that compliance with oneperson onevote requirement under fourteenth amendment of federal constitution does not excuse compliance with fifteenth amendment of federal constitution D. holding that limitations placed upon the religious activities of two prison groups found to be religious organizations were reasonable under the circumstances E. holding that substantial compliance with notice is sufficient

assistant: The best answer is A. holding laws that target religious conduct for distinctive treatment cannot be shielded by mere compliance with the requirement of facial neutrality
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 Term, the Company shall pay the Executive a base salary (“ Base Salary ”) at the annual rate of (i) $512,500 for the period commencing on the Effective Date and ending June 30, 2019 and (ii) $550,000 for the period commencing July 1, 2019 and thereafter. Base Salary shall be paid in installments in accordance with the Company’s normal payroll practices.

assistant: Base Salary