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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Transactions (excluding use of proceeds) (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except (i) such as have been obtained or made and are in full force and effect or those which the failure to obtain would not be reasonably expected to result in a Material Adverse Effect and (ii) the filings referred to in Section 3.12, (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents of the Borrower or any other Loan Party or any order of any Governmental Authority except where any such violation would not reasonably expected to result in a Material Adverse Effect, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Borrower or any other Loan Party or its assets except as would not reasonably expected to result in a Material Adverse Effect, and (d) will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Material Subsidiaries (other than any Permitted Lien).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be interpreted and administered in a manner so that any amount or benefit payable hereunder shall be paid or provided in a manner that is either exempt from or compliant with the requirements of Section 409A of the Code and applicable Internal Revenue Service guidance and Treasury Regulations issued thereunder (and any applicable transition relief under Section 409A of the Code). Nevertheless, the tax treatment of the benefits provided under the Agreement is not warranted or guaranteed. Neither the Company nor its directors, officers, employees or advisers shall be held liable for any taxes, interest, penalties or other monetary amounts owed by Executive as a result of the application of Section 409A of the Code.

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: Except as otherwise provided in this Section 2, the Restricted Stock Units shall become vested, if at all in the amount(s), and on the vesting date(s) set forth in the Notice of Grant (each, a “ Vesting Date ”), subject to the continued employment of the Participant by the Company or any Subsidiary thereof through such date.

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 legal provision and list the applicable contract clause categories. Provision: You acknowledge and agree with the Company that you shall not at any time, except in the performance of your obligations to the Company or with the prior written consent of the Company, directly or indirectly, reveal to any person, entity or other organization (other than the Company, its parent companies and subsidiaries (individually and as a group, the “ Bunge Group ”) or use for your own benefit any information deemed to be confidential by any member of the Bunge Group (“ Confidential Information ”) relating to the assets, liabilities, employees, goodwill, business or affairs of any member of the Bunge Group, including, without limitation, any information concerning past, present or prospective customers, manufacturing processes, marketing data, financial or commercial information, business plans or other Confidential Information used by, or useful to, any member of the Bunge Group and known to you by reason of your employment by, shareholdings in or other association with any member of the Bunge Group. You further agree that you shall retain all copies and extracts of any written Confidential Information acquired or developed by you during any such employment, shareholding or association in trust for the sole benefit of the Bunge Group and its successors and assigns. You further agree that you shall not, without the prior written consent of the Company, remove or take from the Bunge Group’s premises (or, if previously removed or taken, you shall, at the Company’s request, promptly return) any written Confidential Information or any copies or extracts thereof. Upon the request and at the expense of the Company, you shall promptly make all disclosures, execute all instruments and papers and perform all acts reasonably necessary to vest and confirm in the Bunge Group, fully and completely, all rights created or contemplated by this Section 8.1. The term “Confidential Information” shall not include information that is or becomes generally available to the public other than as a result of a disclosure by you, or at your direction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EXCEPT AS SPECIFICALLY SET FORTH IN ANY OTHER LOAN DOCUMENT: (A) THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF NEW YORK; AND (B) THE VALIDITY OF THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, AND THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT HEREOF AND THEREOF, AND THE RIGHTS OF THE PARTIES THERETO SHALL BE DETERMINED UNDER, GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

assistant: Governing 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 legal provision and list the applicable contract clause categories. Provision: Each of the Prepetition Borrowers hereby irrevocably assigns, transfers and conveys all of its rights, duties, liabilities and obligations under the Prepetition Credit Agreement and the Assigned Loan Documents to which it is a party to the Borrower, and the Borrower hereby irrevocably accepts such assignment from the Prepetition Borrowers and as of the Effective Date (a) agrees to be bound by all of the terms, conditions and provisions of, (b) assumes all of the rights, duties, liabilities and obligations of the Prepetition Borrowers under and (c) promises to keep and perform all covenants, terms, provisions and agreements of the Prepetition Borrowers, in each case, under the Prepetition Credit Agreement and the Assigned Loan Documents, in each case as amended and restated (and to the extent not superseded) in connection with the transactions contemplated hereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: suppression of the witness’ name.” (punctuation omitted)). 20 See Ga. Bldg. Servs., 193 Ga. App. at 290 (1) (a) (“We find the failure of the trial court to allow the witness to testify constituted an abuse of discretion requiring reversal and a new trial.”); see also Skating Clubs of Ga., Inc. v. Hayes, 153 Ga. App. 857, 858 (2) (267 SE2d 285) (1980) (“No matter how competent evidence might he, a new trial will not be granted merely because evidence has been excluded. It must appear that the excluded testimony was material and the substance of what the material evidence is must be called to the attention of the trial court at the time of its exclusion.” (punctuation omitted)). 21 See Weir v. Kirby Constr. Co., 213 Ga. App. 832, 836 (4) (446 SE2d 186) (1 02 (3) (714 SE2d 109) (2011) (<HOLDING>); Neely v. City of Riverdale, 298 Ga. App. 884, Options: A. holding that there is no cause of action in california for unjust enrichment B. holding that walsh does not support plaintiffs assertion that they need not allege any actual injury to bring an unjust enrichment claim C. holding that antelitem notice statute did not apply to claims for unjust enrichment money had and received and breach of city code because they are not claims for injury to person or property D. holding that although money had and received and unjust enrichment were pled as separate causes of action they are really the same cause of action E. holding that declaratory judgment and unjust enrichment claims were preempted notwithstanding that plaintiff did not assert a copyright claim

assistant: The best answer is C. holding that antelitem notice statute did not apply to claims for unjust enrichment money had and received and breach of city code because they are not claims for injury to person or property
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 failure or delay on the part of any Agent or any Lender in the exercise of any power, right or privilege hereunder or under any other Credit Document shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other power, right or privilege. The rights, powers and remedies given to each Agent and each Lender hereby are cumulative and shall be in addition to and independent of all rights, powers and remedies existing by virtue of any statute or rule of law or in any of the other Credit Documents or any of the Hedge Agreements. Any forbearance or failure to exercise, and any delay in exercising, any right, power or remedy hereunder shall not impair any such right, power or remedy or be construed to be a waiver thereof, nor shall it preclude the further exercise of any such right, power or remedy.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was insufficient to convict him. The District Court denied these motions. Wrensford and Muller appeal. II A Wrensford argues that the District Court erred in denying his motion to suppress because his involuntary transportation to the police station and detention in a cell constituted an arrest without probable cause, in violation of the Fourth Amendment. We agree and conclude that Wrensford’s transportation to C Command and placement in a cell was a de facto arrest. The Fourth Amendment provides: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause....” U.S. Const. amend. IV. A “seizure” occurs when, “taking i 19 (plurality opinion) -(<HOLDING>); Dunaway v. New York, 442 U.S. 200, 207, 212, Options: A. holding that escorting the defendant from a baggage claim area to a dea office approximately 75 yards away was an arrest and that his consent to the search of his bag in that office was tainted by the illegal seizure B. holding that the defendant was not seized where one officer read information from the defendants airline ticket and another officer took notes observing that the officers immediately returned the ticket after examination and did not retain the ticket for an unusual length of time C. holding fourth amendment not implicated when police officers approached defendant who was standing outside of an airport terminal and asked to see his airline ticket and identification D. holding fourth amendment not implicated when police officers asked defendant to see his airline ticket asked for identification and requested consent to search him E. holding that the defendant had been subjected to an illegal arrest when after detectives requested and did not return his airline ticket and drivers license he was asked to come with the officers from the concourse into an interrogation room approximately 40 feet away where his suitcases were searched

assistant: The best answer is E. holding that the defendant had been subjected to an illegal arrest when after detectives requested and did not return his airline ticket and drivers license he was asked to come with the officers from the concourse into an interrogation room approximately 40 feet away where his suitcases were searched
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: THE BORROWER AND EACH OTHER LOAN PARTY IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT OR ANY LENDER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST THE BORROWER OR ANY OTHER LOAN PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

assistant: Submission To Jurisdiction
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 pay all reasonable expenses of the Warrant Holder, including reasonable fees and disbursements of counsel, in connection with the preparation of the Warrant, any waiver or consent hereunder or any amendment or modification hereof (regardless of whether the same becomes effective), or the enforcement of the provisions hereof; provided that the Company shall not be required to pay any expenses of the Warrant Holder arising solely in connection with a transfer of the Warrant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Crow, 772 F.Supp. 1254, 1256 (M.D.Fla.1991) (plaintiffs must proffer evidence providing a basis to recover punitive damages prior to pleading in complaint); McCarthy v. Barnett Bank, 750 F.Supp. 1119, 1127 (M.D.Fla. 1990) (plaintiffs pled specific acts under § 768.72 to adequately support a claim for punitive damages); Frio Ice, S.A. v. Sunfruit, Inc., 724 F.Supp. 1373, 1383 (S.D.Fla.19689) (punitive claim stricken for failure to provide evidence showing reasonable basis for recovering punitive damages); Lancer Arabians, Inc. v. Beech Aircraft Corp., 723 F.Supp. 1444, 1446-47 (M.D.Fla.1989) (section 768.72 "is clearly substantive because it sets the standard for establishing a claim for punitive damages”) (citation omitted); Brennan v. Minneola, 723 F.Supp. 1442, 1443 (M.D.Fla.1989) (<HOLDING>); Dah Chong Hong, Ltd. v. Silk Greenhouse, Options: A. holding that federal courts should apply state substantive law B. holding that federal courts presiding over causes of action created by state law should apply state substantive law but federal procedural law C. recognizing that section 76872 is substantive law even though the state statute was preempted by federal civil rights law D. holding that the plaintiffs state law claims are preempted by federal law E. holding the state law claims were not preempted

assistant: The best answer is C. recognizing that section 76872 is substantive law even though the state statute was preempted by federal civil rights law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the one in this case: A recognized exception to this duty to segregate arises when the attorney’s fees rendered are in connection with claims arising out of the same transaction and are so interrelated that their “prosecution or defense entails proof or denial of essentially the same facts.” Flint & Assoc. v. Intercontinental Pipe & Steel, Inc., 739 S.W.2d 622, 624-25 (Tex.App.-Dallas 1987, writ denied). Therefore, when the causes of action involved in the suit are dependent upon the same set of facts or circumstances and thus are “interwined to the point of being inseparable,” the party suing for attorney’s fees may recover the entire amount covering all claims. Gill Sav. Ass’n v. Chair King, Inc., 783 S.W.2d 674, 680 (Tex.App.-Houston [14th Dist (Tex.App.-Texarkana 1999, no pet.) (<HOLDING>); Aetna Cas. & Sur. v. Wild, 944 S.W.2d 37, 41 Options: A. holding that a failure of proof regarding a required element of a case necessarily renders all other facts immaterial and further analysis unnecessary B. holding segregation was necessary because breachofcontract claim required proof of different elements than other claims C. recognizing that production of a written insurance policy was unnecessary to prove the existence of the policy because the proof required was proof of the fact of insurance and not of the contents of a writing D. holding that contract and tort claims were capable of segregation in part because these claims required proof of different elements E. holding trial court should have required segregation because tort claims entailed proof of facts unnecessary for proof of the contract claim

assistant: The best answer is E. holding trial court should have required segregation because tort claims entailed proof of facts unnecessary for proof of the contract claim
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's obligations under this Section 2.17 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: risked losing their last chance to defend themselves. Taking into consideration all of these factors, particularly the split-second nature of the decision, we conclude as a matter of law that Appellants had probable cause to believe that Waterman’s oncoming vehicle posed an immediate threat of serious physical harm at least to Officers Batton and Heisey. While reasonable officers would have recognized the possibility that Waterman intended only to accelerate by them rather than at them, they also — in the instant they had to decide — could have interpreted the acceleration in the face of their show of force as the initiation of a second attempt by Waterman to avoid capture by using his vehicle as a weapon against law enforcement personnel. See Garner, 471 U.S. at 11, 105 S.Ct. 1694 (<HOLDING>). Thus, although Appellants could have held Options: A. holding that an officer cannot use deadly force unless a suspect poses an imminent threat of serious physical harm B. holding the use of deadly force is constitutionally permissible only if the officer has probable cause to believe that the suspect poses a threat of serious physical harm either to the officer or to others C. holding that use of deadly force was justified against a suspect when officer forced to make a splitsecond decision relied on his reasonable belief that another officer had seen a gun in the suspects hands even though the suspects hands were handcuffed in front of him and the defendant officer never saw a weapon D. holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon E. recognizing that deadly weapon finding may be made even when weapon used is unknown

assistant: The best answer is D. holding that an officer may use deadly force when a fleeing suspect threatens the officer with a weapon
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Holdings and its Subsidiaries has (i) good, sufficient and legal title to (in the case of fee interests in real property), (ii) valid leasehold interests in (in the case of leasehold interests in real or personal property), and (iii) good title to (in the case of all other personal property), all of their respective properties and assets reflected in the most recent financial statements delivered pursuant to Section 5.1, in each case except for assets disposed of since the date of such financial statements in the ordinary course of business or as otherwise permitted under Section 6.9. Except as permitted by this Agreement, all such properties and assets are free and clear of Liens.

assistant: Titles
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: filing pro se, raises three challenges: (1) whether the hardship standard for cancellation of removal violates equal protection, (2) whether the IJ’s finding on the ten years’ continuous presence requirement was correct, and (3) whether the IJ’s finding on exceptional and extremely unusual hardship was correct. Martinez’s claim that he was denied equal protection because he was required to meet legal standards not imposed on aliens covered by the Nicaraguan Adjustment and Central American Relief Act of 1997 (“NACARA”) is foreclosed by this court’s decisions in Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 602-03 (9th Cir.2002) (rejecting equal protection challenge to more lenient hardship standard based on nationality under NACARA), and Ram v. INS, 243 F.3d 510, 517 (9th Cir.2001) (<HOLDING>). Therefore, we deny Martinez’s equal Options: A. holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review B. holding that nacaras policy of favoring aliens from specific wartorn countries must be upheld because it stems from rational diplomatic decision to encourage such aliens to remain in the united states C. holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them D. holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel E. holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation

assistant: The best answer is B. holding that nacaras policy of favoring aliens from specific wartorn countries must be upheld because it stems from rational diplomatic decision to encourage such aliens to remain in the united states
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: cited to us ... not only lack probative force in a judicial sense, but they are completely unpersuasive to support the argument that Congress intended the words “act or omission” to refer to the place where the negligence had its operative effect. The ease of application inherent in the rule urged ... lends a certain attractiveness, but we are bound to operate within the framework of the words chosen by Congress and not to question the wisdom of the latter in the process of construction. We conclude that Congress has, in the [FTCA], enacted a rulé which requires federal courts, in multistate tort actions, to look in the first instance to the law of the place where the acts of negligence took place. Id.; see, e.g., Ins. Co. of Pa. v. United States, 590 F.Supp. 435, 442 (S.D.Miss.1984) (<HOLDING>). Here, it is apparent that the allegedly Options: A. holding that new york common law must be applied to determine whether the parties formed an oral settlement agreement and state statutory law must be applied to determine whether the agreement if any is enforceable B. holding that the law to be applied in determining the validity of an outofstate marriage is the law of the state in which the marriage occurred C. holding that where acts or omissions of an outofstate tortfeasor caused an instate injury the law of tortfeasors state must be applied D. holding that liability may not be predicated upon a theory of respondeat superior because a supervisor can be liable only for his own acts or omissions E. holding that ejxcept in matters governed by the federal constitution or by acts of congress the law to be applied in any case is the law of the state

assistant: The best answer is C. holding that where acts or omissions of an outofstate tortfeasor caused an instate injury the law of tortfeasors state must be applied
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: act or practice described in § 47-18-104(b) and declared to be unlawful by this part, may bring an action individually to recover actual damages. ⅜ * * (3) If the court finds that the use or employment of the unfair or deceptive act or practice was a willful or knowing •violation of this part, the court may award three (3) times the actual damages sustained and may provide such other relief as it considers necessary and proper, except that the court may not award exemplary or punitive damages for the same unfair or deceptive practice. Tenn.Code Ann. § 47-18-109(a)(l), (3). The legislature did not define the term actual damages as it pertains to an award of trebled damages pursuant to Tennessee Code Annotated section 47-18-109. Discover Bank v. Morgan, 363 S.W.3d 479, 496-98 (Tenn.2012) (<HOLDING>). Here, the jury assessed damages at $343,430. Options: A. holding that when plaintiff has proven injury but has failed to prove the amount of damages the plaintiff is only entitled to nominal damages B. holding that a plaintiff can seek statutory damages even in the absence of actual damages C. holding tcpa is remedial statute and that statutory damages are not punitive damages D. holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested E. holding that a plaintiff who proves a cause of action under 1981 may recover punitive damages where the plaintiff is entitled to an award of compensatory damages even if nominal

assistant: The best answer is D. holding that a plaintiff could recover actual damages under the tcpa for loss of credit if the plaintiff submitted sufficient proof of the amount damages requested
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 continue to provide to Executive the benefits set forth in the sections entitled “Health and Welfare Benefits”, “Meal Reimbursement” and “Paid Time Off” of the offer letter entered into by the Company and the Executive on May 19, 2014 (the “ Offer Letter ”).

assistant: Benefits
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 information furnished in writing by or on behalf of any Loan Party to the Lenders in connection with the negotiation, execution and delivery of this Agreement or any other Loan Document does not contain any material misstatements of fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading.

assistant: Disclosures
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: removal and for relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. We review the denial of asylum for substantial evidence and may reverse only if the evidence compels a contrary conclusion. Lata v. INS, 204 F.3d 1241, 1244-45 (9th Cir.2000). We deny the petition. Substantial evidence supports the IJ’s finding that petitioner failed to establish past persecution or a well-founded fear of future persecution. Any mistreatment that petitioner received from his classmates at school who harassed him in a ‘joking way’ and pressured him to join the Shining Path did not rise to the level of past persecution or establish a well-founded fear of future persecution. See INS v. Elias-Zacarias, 502 U.S. 478, 481-82, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (<HOLDING>); Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th Options: A. holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political B. holding that refusal to join guerrilla group is itself not affirmative expression of political opinion C. holding that guerrilla groups attempt to recruit alien did not establish persecution based on political opinion D. holding that attempted conscription by a guatemalan guerrilla group did not constitute persecution on account of a political opinion where petitioner failed to show that the group was motivated by his political opinion E. holding that a guerrilla organizations attempt to coerce a person into performing military service does not necessarily constitute persecution on account of political opinion

assistant: The best answer is C. holding that guerrilla groups attempt to recruit alien did not establish persecution based on political opinion
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 Grantor agrees to (a) pay or reimburse each Secured Party for all its costs and expenses incurred in enforcing or preserving any rights under this Agreement and (b) indemnify each Secured Party, in each case to the same extent that the Borrower is obligated to do so pursuant to Section 9.05 of the Credit Agreement. The agreements in this Section shall survive repayment of the Secured Obligations and all other amounts payable under the Credit Agreement and the other Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed under the laws of the State of New York, USA, excluding its conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

assistant: Governing 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 legal provision and list the applicable contract clause categories. Provision: Upon designation as an Eligible Employee, the Executive shall be offered a Participation Agreement and upon execution and delivery thereof by the Eligible Employee evidencing such Eligible Employee’s agreement not to voluntarily leave the employ of the Company and its Affiliates and to continue to render services during the period of any threatened Change of Control of the Company, such Eligible Employee shall become a Participant in the Plan. A Participant shall cease to be a Participant in the Plan upon the termination of the Participant’s Participation Agreement, the termination of the Plan, the termination of the Participant’s employment (other than due to a Qualified Termination of Employment), or payment of all amounts due hereunder.

assistant: Participations
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 will be governed by, and construed in accordance with, the internal laws of the State of Delaware. Each party irrevocably submits to the general jurisdiction of the state and federal courts located in the State of New York in any action to interpret or enforce this Agreement and irrevocably waives any objection to jurisdiction that such party may have based on inconvenience of forum. THE GRANTEE ACKNOWLEDGES AND AGREES THAT THE GRANTEE IS HEREBY RELINQUISHING HIS OR HER RIGHT TO A JURY TRIAL IN CIVIL COURT WITH RESPECT TO ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THE PLAN OR THIS AGREEMENT .

assistant: Governing 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: Accordingly, Waters’ attack on the one dollar per day room and board fee does not implicate or establish the basic elements of an Eighth Amendment cruel and unusual punishment claim. (ii) Excessive Fine Assuming, arguendo, that Waters’ complaint includes a claim that the VBCJ’s room and board fee is an unconstitutional fine, this claim also fails. By its plain language, the Excessive Fines Clause of the Eighth Amendment is only violated when a fee is both a “fine” and “excessive.” Id. at 420 (citing United States v. Bajakajian, 524 U.S. 321, 118 S.Ct. 2028, 141 L.Ed.2d 314 (1998)). In this context, the term “fine” refers to punishment for a criminal offense. Browning-Ferris Industries of Vt., Inc. v. Kelco Disposal Inc., 492 U.S. 257, 265, 109 S.Ct. 2909, 106 L.Ed.2d 219 (1989) (<HOLDING>); see also Thomas v. Commissioner, 62 F.3d 97, Options: A. holding that the fines imposed by the challenged city ordinances are not excessive even if the excessive fines clause is applicable B. holding that forfeitures may violate the eighth amendment excessive fines clause C. holding that excessive fines clause does not apply to civiljury award of punitive fines D. holding that excessive fines clause of eighth amendment does not apply to punitive damage awards between private parties E. holding that punitive damages are not fines

assistant: The best answer is C. holding that excessive fines clause does not apply to civiljury award of punitive fines
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 covenants, representations and warranties made herein shall continue in full force and effect until the Final Collection Date. Each Seller’s and Servicer’s obligations to indemnify the Administrative Agent and each Buyer with respect to the expenses, damages, losses, costs and liabilities shall survive until the later of (x) the Final Collection Date and (y) all applicable statute of limitations periods with respect to actions that may be brought by the Administrative Agent or a Buyer under the Transaction Documents have run.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Burgos, 94 F.3d 849, 862 (4th Cir.1996)(en banc) (citation omitted). A reviewing court does not assess the credibility of witnesses, but rather assumes “that the jury resolved all contradictions in testimony in favor of the Government.” Green, 599 F.3d at 367 (quoting United States v. United Med. & Surgical Supply Corp., 989 F.2d 1390, 1402 (4th Cir.1993)). 1. As a preliminary matter, we reject the notion that Darby’s conviction should be vacated on the conspiracy charge merely because his co-conspirator Melvin Wright was acquitted on the same charge. It is well established that an acquittal of the appellant’s alleged co-conspirator does not necessitate that the appellant’s conviction be vacated. See United States v. Powell, 469 U.S. 57, 65, 105 S.Ct. 471, 83 L.Ed.2d 461 (1984)(<HOLDING>); United States v. Collins, 412 F.3d 515, Options: A. holding that a defendant cannot challenge his conviction merely because it is inconsistent with jurys verdict of acquittal on another count B. holding that a criminal defendant convicted by a jury on one count cannot attack that conviction because it was inconsistent with the jurys verdict of acquittal on another count citations omitted C. holding that conviction for seconddegree murder operates as implied acquittal on firstdegree murder count D. holding that the jurys guilty verdict for the offense of operating a vehicle while intoxicated as a class a misdemeanor was not wholly inconsistent with its acquittal of the defendant on the charge of public intoxication E. holding that under aspinwall when the trial court submits to the jury a good count one that is supported by the evidence and a bad count one that is not supported by the evidence and the jury returns a general verdict this court cannot presume that the verdict was returned on the good count in such a case a judgment entered upon the verdict must be reversed

assistant: The best answer is A. holding that a defendant cannot challenge his conviction merely because it is inconsistent with jurys verdict of acquittal on another count
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: N.M. 165, 169, 754 P.2d 542, 546 (Ct.App.1988). “Unsupported intuition is [also] insufficient.” Cohen, 103 N.M. at 562, 711 P.2d at 7. Only when traffic is heavy may an officer move a vehicle to the secondary area without reasonable suspicion. Bolton, 111 N.M. at 38, 801 P.2d at 108. 2. Tenth Circuit Cases {12} The Tenth Circuit has allowed agents, without individualized suspicion, not only to inquire of citizenship and immigration status, but have held that the agents “may briefly question individuals ‘concerning such things as vehicle ownership, cargo, destination, and travel plans.’ ” United States v. Massie, 65 F.3d 843, 848 (10th Cir.1995) (quoting United States v. Rascon-Ortiz, 994 F.2d 749, 752 (10th Cir.1993)); see also United States v. Chavira, 9 F.3d 888, 889 (10th Cir.1993) (<HOLDING>). The stop, however, must be “brief and Options: A. holding that an employers inquiry into the reason for an employees work absences was a permissible jobrelated inquiry under the ada B. holding that reasonableness for qualified immunity purposes requires an objective inquiry into the totality of the circumstances C. holding that inquiry notice exists where a reasonable investor of ordinary intelligence would have discovered the suspicious information and recognized it as suspicious D. holding that no discovery is permissible in similar circumstances E. holding that an inquiry into trip destination is permissible even in the absence of suspicious circumstances

assistant: The best answer is E. holding that an inquiry into trip destination is permissible even in the absence of suspicious circumstances
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: A modification election submitted in accordance with this Article VII is irrevocable upon receipt by the Committee and shall not become effective until 12 months after such date in accordance with Treas. Reg. §1.409A-2(b)(1)(i).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of DEAC and the DEAC Controlling Shareholder has all corporate power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby. The execution and delivery of this Agreement by DEAC and the DEAC Controlling Shareholder, and the consummation by DEAC and by the DEAC Controlling Shareholder of the transactions contemplated hereby, have been duly authorized by all necessary corporate actions of DEAC and the DEAC Controlling Shareholder, and no other corporate proceedings on the part of DEAC or other actions on part of the DEAC Controlling Shareholder are necessary to authorize this Agreement or to consummate the transactions contemplated hereby. The board of directors of DEAC has unanimously adopted resolutions: (a) approving and declaring advisable the Share Exchange, this Agreement and the transactions contemplated by this Agreement; (b) declaring that it is in the best interests of the stockholders of DEAC that DEAC enters into this Agreement and consummates the Share Exchange upon the terms and subject to the conditions set forth in this Agreement; (c) directing that adoption of this Agreement be submitted to a vote at a meeting of the stockholders of DEAC; (d) recommending to the stockholders of DEAC that they adopt this Agreement (the " DEAC Board Recommendation "); and (e) to include the DEAC Board Recommendation in the DEAC Proxy Statement, if required. This Agreement constitutes the valid and legally binding obligation of DEAC, and is enforceable in accordance with its terms. DEAC does not need to give any notice to, make any filings with, or obtain any authorization, consent or approval of any government or governmental agency or other person in order for it to consummate the transactions contemplated by this Agreement, other than filings that may be required or permitted under states securities laws, the Securities Act of 1933, as amended (the " Securities Act ") and/or the Securities Exchange Act of 1934, as amended (the " Exchange Act ") resulting from the issuance of the New DEAC Shares.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sufficient to render it liable to suit. Id. at 1385. We rejected this argument, instead defining maintain as "keeping a constructed edifice, structure, or improvement in the same general state of being, repair, or efficiency as initially constructed." Id. at 1886. A failure to maintain a roadway therefore, "is not a failure to keep a roadway in existence, but a failure to. restore a roadway to the state in which it was originally constructed." Id. In explaining our construction of the statute, we recognized that in 1992, to clarify the meaning of maintenance, the General Assembly added the following language to the definition of "dangerous condition": "Maintenanée does not include any duty to upgrade, modernize, modify, or improve the design or construction of a facility." Id. at 1885 (<HOLDING>) (quoting ch. 172, see. 1, § 24-10-1038, 1992 Options: A. holding the word individuals is not the equivalent of the dictionary acts use of the word persons B. holding that the word interest is to be understood in its ordinary senseto hold that congress intended to use the word in the sense of a penalty is contrary to all rules of interpretation and invokes a special definition of the word interest that is unwarranted citations omitted C. holding that the most common definition of a word does not preclude other accepted alternatives D. holding that purpose of the amendment was to clarify the definition of the word maintain E. holding that the word void is not sufficient

assistant: The best answer is D. holding that purpose of the amendment was to clarify the definition of the word maintain
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 Stockholders shall, without further consideration, from time to time, execute and deliver, or cause to be executed and delivered, such additional or further consents, documents and other instruments as the Special Committee may reasonably request in order to vest, perfect, confirm or record the rights granted to the Buyer under this Agreement.

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: Any dispute or controversy arising under or in connection with this Agreement or otherwise in connection with the Executive’s employment by the Company that cannot be mutually resolved by the parties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in accordance with the provisions of Section 17 of the Employment Agreement.

assistant: Arbitration
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 Closing will occur via e-mail and facsimile on December 31, 2018 at 8:00 a.m. EST or such later date and time to be agreed upon by the parties (the “ Closing Date ”), following satisfaction or waiver of the conditions set forth in Article VIII.

assistant: Closings