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: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before March ___, 2016; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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: conditions on the dock. 8 A.S.R.2d. at 149. Whereas the dockworker in Star-Kist had no overall duty to maintain the safety of the dock upon which he was injured, Sardina, as the ship’s Master, had a general duty to maintain the safety of the Kassandra Z. 3 Prejudgment interest is not available for Jones Act claims brought at law. Barrios v. La. Constr. Materials Co., 465 F.2d 1157, 1167-68 (5th Cir. 1972). Appellees cite Panama R.R. v. Johnson, 264 U.S. 375 (1924), for the proposition that the availability of prejudgment interest should be uniform whether a Jones Act claim is brought at law or in admiralty. But Panama Railroad did not hold that the Jones Act limits the remedies available to seamen who bring a claim in admiralty to the same remedies available at law. 264 U.S. at 391 (<HOLDING>). 4 The Trial Division has, however, recognized Options: A. holding that a defendant that invokes the jurisdiction of a court as a plaintiff waives its personal jurisdiction defense in all actions related to the claim for which it invoked the courts jurisdiction B. holding that the jones act provides an independent basis for subject matter jurisdiction C. holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9h designation to trigger admiralty procedures D. holding that the jones act does not encroach on the admiralty jurisdiction intended by the constitution but permits that jurisdiction to be invoked and exercised as it has been from the beginning E. holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction

assistant: The best answer is D. holding that the jones act does not encroach on the admiralty jurisdiction intended by the constitution but permits that jurisdiction to be invoked and exercised as it has been from the beginning
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: detention so as to allow the seized evidence to be admitted. ¶ 9 In Brown v. Illinois, the Supreme Court applied three factors to detei’mine whether the taint of illegal conduct is sufficiently attenuated from a subsequent search to avoid the exclusionary rule. 422 U.S. 590, 603-04, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975). Under Brown, a court must consider first, the time elapsed between the illegality and the acquisition of evidence; second, the presence of inteiwening circumstances; and third, the pux’pose and flagrancy of the official misconduct. Id. Although Brown involved a confession following an illegal search, Arizona courts have applied the at gardless of how the individual officer came to know about the warrant. See United States v. Hudson, 405 F.3d 425, 439 (6th Cir.2005) (<HOLDING>); see also State v. Spreitz, 190 Ariz. 129, Options: A. holding a fourth amendment terry detention is not a custodial arrest and the use of handcuffs does not automatically convert a temporary detention into a fourth amendment arrest B. holding that a warrantless arrest does not violate the fourth amendment if at the time of the defendants arrest police had probable cause to believe that an offense has been is being or will be committed C. holding that in a situation where the police have probable cause to arrest one party and reasonably mistake a second party for that first party the arrest of the second party is still a valid arrest D. holding in the alternative that even if handcuffing a suspect did convert the detention into an arrest the arrest was justified by probable cause E. holding that initial illegal detention does not call into question validity of arrest pursuant to valid warrant wjhere the police effectuate an arrest in an illegal manner but nonetheless have probable cause to make the arrest the proper fourth amendment remedy is to exclude only that evidence which is a fruit of the illegality

assistant: The best answer is E. holding that initial illegal detention does not call into question validity of arrest pursuant to valid warrant wjhere the police effectuate an arrest in an illegal manner but nonetheless have probable cause to make the arrest the proper fourth amendment remedy is to exclude only that evidence which is a fruit of the illegality
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: Kamel and UTHSCH to determine whether his claims are an attempt to artfully plead around the requirements of the TTCA. See Arnold, 279 S.W.3d at 470. Just as in Arnold, Kamel has made no claim that the surgical instruments themselves were defective in any way or that they were used in a negligent manner. Rather, the crux of Kamel’s argument is that Dr. Wang made an erroneous medical judgment in determining that Kamel’s testicle needed to be removed. The fact that tangible personal property was used during the procedure conducted as a result of the allegedly erroneous judgment does not establish that the use of the surgical instruments itself was the proximate cause of Kamel’s injury, and, thus, these allegations do not fall within the limited waiver in section 101.021(2). See id. (<HOLDING>); see also Miller, 51 S.W.3d at 588 Options: A. holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so B. holding that the waiver of sovereign immunity must be clear and unequivocal C. holding that the alien tort statute itself is not a waiver of sovereign immunity D. holding that general medical malpractice claims do fall with waiver provision of ttca E. holding that errors in medical judgment do not provide waiver of immunity under ttca

assistant: The best answer is E. holding that errors in medical judgment do not provide waiver of immunity under ttca
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: Whenever the Borrower desires a Swingline Loan advance hereunder it shall give notice by (A) telephone or (B) by a Notice of Borrowing; provided that any telephonic notice must be confirmed promptly by delivery to the Swingline Lender and the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be delivered to the Swingline Lender not later than 2:00 P.M. on the Business Day of the requested Swingline Loan advance. Each such notice shall be irrevocable and shall specify (A) that a Swingline Loan advance is requested, (B) the date of the requested Swingline Loan advance (which shall be a Business Day) and (C) the principal amount of the Swingline Loan advance requested. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Swingline Loan and shall have such maturity date as the Swingline Lender and the Borrower shall agree upon receipt by the Swingline Lender of any such notice from the Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Master Account by 3:30 P.M. on the Business Day of the requested borrowing.

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 case excerpt and choose the best holding from the options. Case excerpt: re quest for a default judgment was legally frivolous. IV. Conclusions Plaintiffs constitutional claims herein are all legally frivolous. While the Clerks of the federal district courts frequen 324, 106 S.Ct. at 2553; McCallum Highlands v. Washington Capital Dus, Inc., 66 F.3d at 92; "unsupported allegations or affidavits setting forth 'ultimate or eonclusory facts and conclusions of law’ are insufficient to either support or defeat a motion for summary judgment.”; Douglass v. United Services Automobile Association, 65 F.3d 452, 459 (5th Cir.1995);- Quest Exploration & Development Company v. Transco Energy Company, 24 F.3d 738, 741 (5th Cir.1994); Forsyth v. Barr, 19 F.3d at 1533; and Krim v. BancTexas Group, Inc., 5), cert. denied, 516 U.S. 860, 116 S.Ct. 167, 133 L.Ed.2d 109 (1995), (<HOLDING>); Murphy v. Collins, 26 F.3d 541, 543 (5th Options: A. holding that review by common law certiorari in district courts of appeal is limited to circuit court decisions constituting denial of procedural due process application of incorrect law or miscarriage of justice B. holding that mere negligence does not implicate the right to due process C. holding that a mere failure to accord procedural protection called for by state law or regulation does not of itself amount to a denial of due process D. holding that mere neglect for prisoners safety does not amount to a substantive due process violation implying that intent to do harm would be an abuse of government power and amount to a substantive due process violation E. holding a plaintiff cannot state a due process claim for defendants failure to follow statutory procedural requirements because a plaintiff cannot have a protect property interest in the procedure itself

assistant: The best answer is C. holding that a mere failure to accord procedural protection called for by state law or regulation does not of itself amount to a denial of due process
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to employ the Executive, and the Executive agrees to render his services to the Company, as its Vice President General Counsel, during the Term (as defined below). In connection with his employment as Vice President General Counsel, the Executive shall serve without additional payment or compensation of any kind as an officer of any other direct or indirect subsidiary or affiliate of the Company designated by the Company’s Chief Executive Officer (collectively, the “Subsidiaries”). The Executive shall render his services at the direction of the Company’s Chief Executive Officer at the Company’s offices in Indianapolis, Indiana. The Executive agrees to use his best efforts to promote and further the business, reputation and good name of the Company and the Subsidiaries (collectively, the “Company Group”) and the Executive shall promptly and faithfully comply with all instructions, directions, requests, rules and regulations made or issued from time to time by the Company.

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: All notices or other communications required or permitted to be given pursuant to this Note shall be given to Borrower or Lender at the address and in the manner provided for in the Loan Agreement, except as otherwise provided herein.

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 case excerpt and choose the best holding from the options. Case excerpt: with vocabulary that escapes common understanding.” Hamilton, supra, 310 F.3d at 391 (quotations omitted). Rent, generally defined as “[e]onsideration paid, usu[ally] periodically, for the use or occupancy of property,” Black’s Law Dictionary 1322 (8th ed. 2004), squarely comports with the FDCPA’s definition of “debt” when it is paid for residential purposes, as here. That finding is consistent with federal precedent. Courts have observed that “rent clearly fits the definition of debt embodied in the FDCPA.” Travieso v. Gutman, Mintz, Baker & Sonnenfeldt, P.C., No. 94-5756, 1995 WL 704778, *3, 1995 U.S. Dist. Lexis 17804, *9 (E.D.N.Y. Nov. 16, 1995) (citing Emanuel v. Am. Credit Exch., 870 F’.2d 805 (2d Cir.1989)); see also Romea v. Heiberger & Assocs., 163 F.3d 111, 115 (2d Cir.1998) (<HOLDING>). Other courts assume that the FDCPA Options: A. holding that the name under which a debt collector is licensed to do business is the debt collectors true name for purposes of the fdcpa B. holding that unearned rent is not a debt and instead constitutes a contingent liability because rent does not accrue to the lessor as a debt unless the lessee has enjoyed the use of the land C. holding that an entity engaged in collection activity on a defaulted debt acquired from another is a debt collector under the fdcpa even though it may actually be owed the debt D. holding that back rent is debt under the fdcpa E. holding that unpaid traffic fine is not debt under fdcpa

assistant: The best answer is D. holding that back rent is debt under the fdcpa
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as an intentional relinquishment of a known right,” but which is often construed as “an equitable principle used by courts to avoid harsh results when a party has conducted itself in such a way as to make those results unfair.” Shearson Hayden Stone, Inc. v. Leach, 583 F.2d 367, 370 (7th Cir.1978). Neither the district court nor the Kramer states that Plaintiff-Appellant intentionally relinquished her Fourth Amendment claim, nor are we dealing with a hard, judicially recognized bright line for waiver, like the principle that a party waives on appeal any argument that it does not present to the district court. This bright-line principle backs the numerous waiver cases cited by Defendant-Appellee Kramer in her brief. See, e.g., Teumer v. Gen. Motors Corp., 34 F.3d 542, 546 (7th Cir.1994) (<HOLDING>); Colburn v. Trs. of Ind. Univ., 973 F.2d 581, Options: A. holding summary judgment appropriate when the facts in evidence supported another plausible theory not the plaintiffs theory of the case B. holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory C. holding that the plaintiffs misconceived legal theory did not preclude it from obtaining relief under another theory D. holding that the failure to draw the district courts attention to an applicable legal theory waives pursuit of that theory in this court E. holding that appellate courts may uphold a trial courts ruling on any legal theory or basis applicable to the case but may not reverse a trial courts ruling on any theory or basis that might have been applicable to the case but was not raised

assistant: The best answer is D. holding that the failure to draw the district courts attention to an applicable legal theory waives pursuit of that theory in this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER 2017-A BASIC DOCUMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY SUCH OTHER 2017-A BASIC DOCUMENT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions of this Agreement, from time to time after the Closing, the Company and each Purchaser agree to cooperate with one another, and at the request of the Company or the Purchaser, as applicable, to execute and deliver any further instruments or documents and take all such further action as the other party may reasonably request in order to evidence or effectuate the consummation of the Contemplated Transactions and to otherwise carry out the intent of the parties hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The release and discharge of the Employer and all affiliated persons and entities from any and all claims, demands and causes of action relating to your employment with the Employer, other than as to any vested benefits to which you may be entitled under any Employer benefit plan, which will be in such form as may be proscribed by the Employer, acting as plan sponsor and as a fiduciary, from time to time and with such modifications as the Employer deems appropriate for your individual situation.

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 legal provision and list the applicable contract clause categories. Provision: Executive shall perform the duties assigned to him by Employer’s President and Chief Executive Officer (the “CEO”). Executive shall be furnished with appropriate office space, secretarial assistance, and such other facilities and services as are suitable to Executive’s position and adequate for the performance of Executive’s duties. Executive will be based (and shall perform the duties) at the principal executive offices of the Company currently located in Denver, Colorado.

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 case excerpt and choose the best holding from the options. Case excerpt: “static status quo” into the municipal employee collective bargaining stat utes. See 26 M.R.S. § 964-A(2). In applying the holding of COLT, the Board has held that, if a collective bargaining agreement requires the employer to pay a certain percentage of the annual cost of a health insurance premium, the employer continues to be responsible for paying that percentage if the costs increase during negotiations following the expiration of the agreement. See Me. State Employees Ass’n v. Lewiston Sch. Dep’t, M.L.R.B. No. 09-05 at 3, 11-12 (Jan. 15, 2009). The static status quo is also maintained, as the Board held before our decision in COLT, when a government employer continues to pay the specific dollar amount for active employees’ health insurance set forth in an expi .2d 937, 942 (1995) (<HOLDING>). [¶ 20] If the parties had negotiated an Options: A. holding that any fact that increases a sentence beyond the prescribed statutory maximum must be proven beyond a reasonable doubt to a jury B. holding that a large amount of drugs increases the likelihood of weapons C. holding that to maintain the status quo pay increases based on increased education unlike step increases must continue D. holding that any fact that increases mandatory minimum is element that must be proved beyond reasonable doubt E. holding any fact that increases the mandatory minimum is an element that must be submitted to the jury

assistant: The best answer is C. holding that to maintain the status quo pay increases based on increased education unlike step increases must continue
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 Voting Agreement and the Proxies (i) constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter hereof, and (ii) are not intended to confer upon any other Person any rights or remedies hereunder.

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: This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof. There are no agreements, representations, warranties, covenants or undertakings with respect to the subject matter hereof other than those expressly set forth herein. All express or implied representations, agreements and understandings relating to such subject matter, either oral or written, heretofore made are expressly superseded by this Agreement, including, without limitation the Confidentiality Agreement.

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: Notwithstanding any provision herein to the contrary, if Employee has not delivered to Employer an executed Confidential Severance Agreement and Release in a form mutually agreeable to the parties (the “ Release ”), which shall effectuate a full and complete release of claims against the Employer Group and its affiliates, officers and directors (with reasonably customary carveouts, including for outstanding equity and equity incentive awards, vested employee benefits, and indemnification and insurance rights) and acknowledge the applicability of continuing covenants under this Agreement, on or before the fiftieth (50th) day after the Date of Termination, or if Employee revokes such executed Release prior to the sixtieth (60th) day after the Date of Termination, Employee shall forfeit all of the payments and benefits described in Section IV.F.2 or Section IV.F.4, as applicable; provided, however, that Employee shall not forfeit such amounts if Employer has not delivered to Employee the required form of Release on or before the 25th day following the Date of Termination.

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 legal provision and list the applicable contract clause categories. Provision: The Shareholder shall use commercially reasonable efforts to cooperate with the Company, at the Company’s expense, in connection with the Company’s efforts to make any filings, notices, reports, consents, registrations, approvals, permits or authorizations required to be made with, or obtained from, any Governmental Entity in connection with the Merger and the Transactions (including any Educational Consent), and shall promptly provide to the Company any information regarding such Shareholder and its trustees and such other matters as may be reasonably necessary or advisable in connection with the Trust Regulatory Filings (as defined in Section 6.1 ).

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 case excerpt and choose the best holding from the options. Case excerpt: quotation from Rash, 31 F.3d at 329, omitted). Thus, the Eighth Circuit agrees with our conclusion that retail value is the proper measure. A few days after Trimble was decided, the First Circuit followed suit, in Winthrop Old Farm Nurseries v. New Bedford Inst. for Sav. (In re Winthrop Old Farm Nurseries), 50 F.3d 72 (1st Cir.1995). Like the Eighth Circuit, the Winthrop court gave meaning to the second sentence of 11 U.S.C. § 506(a): ... A number of courts ..., including four Circuit Courts, have adhered to this clear expression of congressional .intent and declined to value collateral that a debt- or proposes to retain based on a hypothetical foreclosure sale. These courts reason that because the reorganizing debtor proposes to retain and use the collateral, 4-86 (9th Cir.1992) (<HOLDING>), ... vacated on other grounds, - U.S. -, 113 Options: A. holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case B. holding that second sentence of 506a precludes deduction of hypothetical costs of sale in valuing chapter 13 debtors real property to be retained by debt or C. holding that 506a does not require or permit a reduction in the creditors secured claim to account for purely hypothetical costs of sale of chapter 13 debtors residence D. holding that for chapter 12 plan confirmation purposes hypothetical costs should not be deducted from fair market value in valuing collateral to be retained by debtor E. holding that for chapter 12 plan confirmation purposes hypothetical costs should not be deducted from fair market value in valuing collateral to be retained by debt or

assistant: The best answer is B. holding that second sentence of 506a precludes deduction of hypothetical costs of sale in valuing chapter 13 debtors real property to be retained by debt or
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 Agreement constitutes the entire agreement of the parties hereto and supersedes in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: receive sufficient advance written notice of the charges against him. See Wolff, 418 U.S. at 563-64, 94 S.Ct. 2963. The notice provided to Mr. Firth was quite extensive and detailed. It stated generally that Mr. Firth was recommended for termination from treatment because he had “demonstrated a lack of progress in treatment, a lack of motivation for treatment, and a failure to meet program expectations.” R. at 567. The notice then included five single-spaced pages of detailed facts supporting these conclusions. Mr. Firth argues that the notice nonetheless provided insufficient factual detail because it failed to cite program rules or standards upon which the charges were based. But he cites no authority for this proposition. See Phillips v. Calhoun, 956 F.2d 949, 953-54 (10th Cir.1992) (<HOLDING>). Nor does he explain why he was unable to Options: A. holding that a party waives an argument if the party fails to elaborate or provide any citation of authority in support of the argument B. holding party must support argument with legal authority C. holding appellate court need not consider argument where party has failed to support it with any authority legal or otherwise D. holding that an appellant waived a claim where he failed to cite any legal authority in support of an argument in his appellate brief E. holding an argument waived for failure to cite authority

assistant: The best answer is B. holding party must support argument with legal authority
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: not intoxicated as defined in the charge because the evidence of intoxication hinged on Sgt. Coleman’s testimony alone, and so th ow the charge immediately after the last exchange between the State and the defense concerning the definition of intoxication, and Orsag fails to direct us to any evidence that the jury disregarded the court’s charge. The mere assertion that the jury “could” have been influenced does not rise to the level of evidence rebutting the presumption that the jury followed the charge. Therefore, we conclude that the State’s misstatement of the law to the jury, if any, did not have a substantial and injurious effect or influence in finding Orsag guilty. See Tex.R.App. P. 44.2(b); Herrera v. State, 11 S.W.3d 412, 415-16 (Tex.App.Houston [1st Dist.] 2000, pet. ref d) (<HOLDING>). We overrule Orsag’s third issue. V In his Options: A. holding trial courts error in overruling objection to prosecutors misstatement of law of intoxication that differed from definition in charge was harmless when there was evidence supporting the jurys verdict and it was presumed the jury followed the instructions in the charge B. holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury C. holding that where the meaning of the jurys verdict was not clear in light of the trial courts jury instructions the court of appeals erred in directing entry of judgment for respondent the case should have been remanded to the trial judge who was in the best position to pass upon the question of a new trial in light of the evidence his charge to the jury and the jurys verdict D. holding that a jury is presumed to follow the trial courts instructions E. holding that the trial courts definition of normal use was harmless error

assistant: The best answer is A. holding trial courts error in overruling objection to prosecutors misstatement of law of intoxication that differed from definition in charge was harmless when there was evidence supporting the jurys verdict and it was presumed the jury followed the instructions in the charge
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 your rights contained in Section 5(d), you agree not to directly or indirectly take any actions or make any statements that criticize, ridicule, disparage or are otherwise derogatory to the Company or any of the Releasees (as defined in Section 4) or any of their respective products or services, financial status or businesses, or that damage or is intended to damage the Company or any of the Releasees in any of their respective business relationships, or encourage the making of such statements or the taking of such actions by someone else. In addition, subject to your rights contained in Section 5(d), you agree not discuss, provide interviews or otherwise publicly make any statements about the Company or your experiences at the Company without the prior written consent of the Company.

assistant: Non-Disparagement
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 or other communications delivered or given under this Lease shall be in writing and shall be deemed to have been duly given if hand-delivered, sent by certified or registered mail, return receipt requested, or nationally-utilized overnight delivery service, Portable Document Format (“PDF”) or confirmed facsimile transmission, as the case may be. Such notices shall be addressed to the parties at the addresses set forth above, or to such other address as may be designated by any party in a writing delivered to the other in the manner set forth in this Section 15. Notices sent by certified or registered mail shall be deemed received three (3) business days after being mailed. All other notices shall be deemed received on the date delivered. Routine communications may be made by e-mail to Lessor at joseph.yospe@msg.com and to Lessee at rmori@dfollc.com or fax to Lessor at (212) 465-6148 and to Lessee at (516) 226-1155.

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: Except as set forth in the SEC Reports, none of the officers or directors of the Company and, to the knowledge of the Company, none of the employees of the Company is presently a party to any transaction with the Company (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee or partner, in each case in excess of $10,000 other than for (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company and (iii) other employee benefits, including stock option agreements under any stock option plan of the Company.

assistant: Transactions With Affiliates
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: voluntarily waived his right to counsel. For that reason, his appellate counsel’s failure to raise a Faretta argument on appeal does not meet Strickland’s prejudice prong. First, Rose was fifty-five years old at the time of sentencing, had obtained a GED and had no history of mental- or physical-health issues. See Nelson, 292 F.3d at 1301 (concluding, under § 2254, that nothing in the defendant’s history undermined the reasonableness of the state court’s determination that his waiver was valid where the defendant was fifty years old and had obtained a GED). Second, he had extensive contact with counsel prior to his decision to proceed pro se, including three court-appointed lawyers in this very case. In fact, one had represented him through a jury trial. See Stanley, 739 F.3d at 647-48 (<HOLDING>); cf. Fitzpatrick, 800 F.2d at 1066 (explaining Options: A. holding that if an attorney is discharged without cause he is entitled to a charging lien for the reasonable value of his services rendered prior to the date of the substitution of counsel where 1 his representation was entirely competent and successful up until his discharge 2 any potential conflict of interest was disclosed and the plaintiff chose to continue to be represented by the attorney and 3 the discharge of the attorney occurred solely because of a fee dispute B. holding that representation by counsel until the first day of trial likely exposed the defndant to the complexity of his case and the legal process C. holding that courts should consider a number of factors including the type and complexity of the case and whether the indigent is capable of adequately presenting the case D. holding that when evaluating a settlement agreement the court is not to substitute its judgment for that of the parties nor is it to run consideration of the adequacy of the settlement into a trial or a rehearsal of the trial rather the cjourts responsibility is to reach an intelligent and objective opinion of the ultimate success should the claims be litigated and to form an educated estimate of the complexity expense and likely duration of such litigation and all other factors relevant to a full and fair assessment of the wisdom of the proposed compromise E. holding that waiver by attorney was binding upon the accused when before the state introduced the evidence complained of on appeal counsel for the state in the presence of the accused and his counsel stated the agreement and the evidence of the witness was then read to the jury in the presence of the accused and his counsel without objection

assistant: The best answer is B. holding that representation by counsel until the first day of trial likely exposed the defndant to the complexity of his case and the legal process
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: pump. Virtually any government action can be traced back to a policy decision of some kind, but an attenuated tie is not enough to show that conduct is grounded in policy. See Cope v. Scott, 45 F.3d 445, 448-49 (D.C.Cir.1995). Withal, the determination as to where one draws the line between a justification that is too far removed, or too ethereal, or both, and one that is not, is case-specific, and not subject to resolution by the application of mathematically precise formu-lae. In particular, there is no principled basis for superimposing a generalized “safety exception” upon the discretionary function defense. A case-by-case approach is required. Of course, ease-by-ease development has led to some disarray. Compare George v. United States, 735 F.Supp. 1524, 1533-34 (M.D.Ala.1990) (<HOLDING>) with Tippett, 108 F.3d at 1197-99 (holding Options: A. holding that a failure to warn was not a policy judgment B. holding that the court had no duty to warn defendants about the possibility of deportation as a collateral consequence of conviction C. holding that a government agencys failure to warn about submerged alligators has no policy basis D. holding that fifra preempts state law failure to warn claims E. holding that causation is an essential element in failure to warn claim

assistant: The best answer is C. holding that a government agencys failure to warn about submerged alligators has no policy basis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the oculus marks and those of its affiliates may not be copied , imitated or used , in whole or in part , without prior written permission , including as authorised by any applicable brand guidelines .

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: The Company hereby employs Executive as its Chief Operating Officer and Executive hereby accepts such employment, upon and subject to the terms and conditions in this Agreement. Executive shall be based in the Company’s office in or proximate to Glenelg, Maryland or at such other place as the parties may hereafter mutually agree, although Executive recognizes that domestic and international travel will be necessary in connection with the proper discharge of his duties.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: evernote will endeavor to provide you with the option of whether or not to install the update ; however , in certain circumstances ( e.g. , security risks ) , evernote may require you to install the update to continue accessing the service .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Health Systems (1st Dist. 1996), 674 N.E.2d 888, 221 Ill. Dec. 94 (rejecting implied private action for patients' families under the Health Care Surrogate Act); Parra v. Tarasco, Inc. (1st Dist. 1992), 230 Ill. App. 3d 819, 595 N.E.2d 1186, 172 Ill. Dec. 516 (rejecting implied private action under the Choke-Saving Methods Act); Davis v. Dunne (1st Dist. 1989), 189 Ill. App. 3d 739, 545 N.E.2d 539, 136 Ill. Dec. 1015 (rejecting implied private action under the Civil Service Act); Lane v. Fabert (4th Dist. 1989) 178 Ill. App. 3d 698, 533 N.E.2d 546, 127 Ill. Dec. 674 (rejecting implied private action under the Pawnbrokers Act); Anzinger v. Illinois State Medical Inter-Ins Exchange (1st Dist. 1986), 144 Ill. App. 3d 719, 494 N.E.2d 655, 98 Ill p. 3d 412, 484 N.E.2d 473, 91 Ill. Dec. 914 Options: A. recognizing implied private action under the school code as to chapter 1 funds B. recognizing implied private action under federal safety appliance act C. recognizing implied private action under the xray retention act D. recognizing implied private action under the plat act rejecting implied private action under the national flood insurance act of 1968 E. recognizing implied private action under the collection agency act

assistant: The best answer is D. recognizing implied private action under the plat act rejecting implied private action under the national flood insurance act of 1968
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 Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “ Released Person ”), from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq ., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person, and that he has not assigned any claim against a Released Person. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person arising out of or in any way related to Employee’s employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 of the Change of Control Agreement, (c) claims for indemnification under the Company’s By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred.

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: liberal visitation, was in the children’s best interests. Cf. Hopper v. Hopper, 113 Nev. 1138, 1143-44, recognizing that a lower court may enforce custody provisions pending appeal); Wolfe v. Wolfe, 314 S.E.2d 132, 133 (N.C. Ct. App. 1984) (providing that a trial court has contempt power while an appeal is pending). 15 While a contempt order is not independently appealable, see Pengilly v. Rancho Santa Fe Homeowners, 116 Nev. 646, 5 P.3d 569 (2000), it may be challenged in the context of an otherwise substantively proper appeal. See Consolidated Generator v. Cummins Engine, 114 Nev. 1304, 1312, 971 P.2d 1251, 1256 (1998). 16 Cunningham v. District Court, 102 Nev. 551, 559-60, 729 P.2d 1328, 1333-34 (1986). 17 EDCR 5.12(a). 18 Halbrook v. Halbrook, 114 Nev. 1455, 971 P.2d 1262 (1998) (<HOLDING>); see also NRS 125.150(3) (providing that the Options: A. holding that a court has power to award attorney fees when authorized by contract statute or recognized ground of equity B. holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case C. recognizing that a district court has the authority to award attorney fees in postdivorce proceedings involving child custody D. holding a summary judgment to be final although motion to assess attorney fees remained pending because award of attorney fees is collateral to judgment E. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees

assistant: The best answer is C. recognizing that a district court has the authority to award attorney fees in postdivorce proceedings involving child custody
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: Anything in this Agreement to the contrary notwithstanding, all payments required to be made by the Company hereunder to the Employee or his estate or beneficiaries shall be subject to the withholding of such amounts relating to taxes as the Company may reasonably determine it should withhold pursuant to any applicable law or regulation. In lieu of withholding such amounts, in whole or in part, the Company may, in its sole discretion, accept other provisions for payment of taxes and withholding as required by law, provided it is satisfied that all requirements of law affecting its responsibilities to withhold have been satisfied.

assistant: Withholdings