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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “he was very sincere, very forthright” and she did not see “a demeanor” that would impact his ability to “be fair and impartial.” That the military judge unambiguously based her findings on her personal examination of witness demeanor brings the decision in line with this Court’s precedents. We have held that “mere declarations of impar tiality [on behalf of potential members], are not sufficient by themselves to insure legal propriety.” United States v. Harris, 13 M.J. 288, 292 (C.M.A.1982). However, “[w]e ... recognize that the military judge is in the best position to judge the sincerity and truthfulness of the challenged member’s responses on voir dire.” Youngblood, 47 M.J. at 341 (citing United States v. Daulton, 45 M.J. 212, 217 (C.A.A.F.1996)); see also, Miles, 58 M.J. at 194-95 (<HOLDING>). This Court has frequently addressed the Options: A. holding first amendment claim requires actual protected conduct B. holding that an adverse credibility determination is overturned only if each proffered reason for the determination fails C. recognizing that statutes mandating recusal for actual bias have constitutional bases unlike those that require recusal for a mere appearance of bias or prejudice D. holding when one identified ground for an adverse credibility determination is supported by substantial evidence and goes to the heart of petitioners claim of persecution the court is bound to accept the ijs adverse credibility determination E. holding that a challenge for cause for actual bias essentially requires a determination of credibility

assistant: The best answer is E. holding that a challenge for cause for actual bias essentially requires a determination of credibility
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: subject matter of the direct examination and matters affecting the credibility of the witness.” Fed.R.Evid. 608(b) implements this by providing that specific instances of misconduct “may ... in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness’ character for truthfulness or untruthfulness.... ” Evidence that a witness has made false statements in a tax return is obviously a matter which affects the witness’s credibility. See, e.g., United States v. Sullivan, 803 F.2d 87, 90-91 (3d Cir.1986), cert. denied, 479 U.S. 1036, 107 S.Ct. 889, 93 L.Ed.2d 841 (1987); United States v. Zandi, 769 F.2d 229, 236 (4th Cir.1985); see also United States v. Singer, 241 F.2d 717, 717 (2d Cir.1957) (<HOLDING>). The total failure to file tax returns for a Options: A. holding that the burden is upon the state under the applicable federal rules of evidence B. holding that where the record reveals no conflict in the evidence or impeachment of any witness the reviewing court may find the award was not based upon disbelief of the testimony of the witnesses C. holding that the essential purpose of use tax is the recoupment of lost sales tax revenue D. holding that the proper standard of proof is preponderance of the evidence E. holding before the advent of the federal rules of evidence that the use of a tax return for the purpose of impeachment was proper

assistant: The best answer is E. holding before the advent of the federal rules of evidence that the use of a tax return for the purpose of impeachment was proper
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: The disclosing Party shall retain all right, title and interest in and to the Confidential Information, including all intellectual property represented thereby or associated therewith, and no license or assignment, by implication, estoppel or otherwise, is granted by the disclosing Party to the receiving Party to make, have made, use, or sell any product using the Confidential Information, or a license under any patent, patent application, utility model, copyright, trade secret, trademark, service mark or any other similar industrial or intellectual property right.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that we may notify you of the updated terms by posting them on the service , and that your use of the service after the effective date of the updated terms ( or engaging in such other conduct as we may reasonably specify ) constitutes your agreement to the updated terms .

assistant: Contract by using
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: will be confused by two products. See id. at 768. But a “plaintiff is not required to bring forth incidents of actual confusion to succeed in an infringement case.” Id. (citation omitted). “In analyzing this factor, weight is given to the number and extent of instances of actual confusion.” Id. (quotation marks and citation omitted). Though “evidence of actual confusion may be the best evidence of likelihood of confusion,” even evidence of “a few instances” of actual confusion “is not conclusive of’ the existence of a likelihood that consumers would “be confused as to the source” of the product, the “core element” of trademark infringement. Davis v. Walt Disney Co., 430 F.3d 901, 905 (8th Cir. 2005) (quotation marks and citations omitted); see Duluth News-Tribune, 84 F.3d at 1098-99 (<HOLDING>). Plaintiff admits it has no evidence of any Options: A. holding 3040 confusion between leggs and leg looks provided significant degree of actual confusion B. holding that concurrent use of same mark on similar product was sufficient to demonstrate a likelihood of confusion C. holding that even several isolated incidents of actual confusion are insufficient to support a finding of likelihood of confusion D. holding that survey evidence offered to show actual confusion was properly excludable under rule 403 when it was so flawed that its probative value was outweighed by the risk of prejudice or confusion E. holding that trademark infringement under michigan common law is governed by the likelihood of confusion standard

assistant: The best answer is C. holding that even several isolated incidents of actual confusion are insufficient to support a finding of likelihood of confusion
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: Pursuant to Tennessee Code Annotated Section 47-50-112, no action or course of dealing on the part of Lender, its officers, employees, consultants, or agents, nor any failure or delay by Lender with respect to exercising any right, power, or privilege of Lender under any Loan Document shall operate as a waiver thereof, except as otherwise provided in such Loan Document. Lender may from time to time waive any requirement hereof, including any of the Conditions Precedent; however, no waiver shall be effective unless in writing and signed by Lender. The execution by Lender of any waiver shall not obligate Lender to grant any further, similar, or other waivers.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated before the Closing by the Purchaser by written notice to the Company, if the Closing has not been consummated on or before August 1, 2017; 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: Relying on subsection (a)(2)(i) of Section 9543’s PCRA eligibility requirements, Appellee argues that a Batson claim is not a constitutional violation that “so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place.” Id. Instead, he maintains that the injury against which Batson protects is the equal protection right of venirepersons not to be discriminated against, which is unrelated to the reliability of the verdict rendered. Appellee concludes that because the PCRA does not afford him a remedy on his Batson claim, he is entitled to state habeas corpus relief. We decline Appellee’s invitation to construe a Batson claim as falling outside the statutory framework of the PCRA. Initially, we note that both the PCRA 1242 (1999) (<HOLDING>); Commonwealth v. Lantzy, supra, (holding that Options: A. holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced B. holding that the appropriate vehicle for claims alleging that defense counsel violated a defendants right to testify is a claim of ineffective assistance of counsel C. holding that counsels failure to investigate the defendants personal and psychiatric history constituted ineffective assistance during the penalty phase but not during the guilt phase D. holding that claim alleging counsels ineffectiveness during the plea bargaining process is cognizable under the pcra E. holding that claim alleging ineffective assistance of counsel during penalty phase of capital case is cognizable under the pcra

assistant: The best answer is E. holding that claim alleging ineffective assistance of counsel during penalty phase of capital case is cognizable under the pcra
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: Following the Distribution Date, and for the duration of the applicable Transition Services Agreement provisions under which Greatbatch provides payroll services for Nuvectra, it is expected that (i) Greatbatch will be responsible for all income, payroll and other tax remittance and reporting related to income of Greatbatch Employees, Former Greatbatch Employees, including in respect of Adjusted Greatbatch Awards and Nuvectra Awards, and individuals who are or were Greatbatch non-employee directors, including in respect of Adjusted Greatbatch Awards and Nuvectra Awards, and (ii) Nuvectra will be responsible for all income, payroll and other tax remittance and reporting related to income of Nuvectra Employees and Former Nuvectra Employees in respect of Adjusted Greatbatch Awards and Nuvectra Awards. Greatbatch or Nuvectra, as applicable, shall facilitate performance by the other Party of its obligations hereunder by promptly remitting amounts or shares withheld in conjunction with a transfer of shares or cash, either (as mutually agreed by the Parties) directly to the applicable taxing authority or to the other Party for remittance to such taxing authority. The Parties will cooperate and communicate with each other and with third-party providers to effectuate withholding and remittance of taxes, as well as required tax reporting, in a timely, efficient and appropriate manner.

assistant: Withholdings
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 proceeds of the Revolving Loans will be used only for general corporate purposes of the Company and the Subsidiaries in the ordinary course of business (including Acquisitions and Investments permitted hereunder) and to refinance existing Indebtedness. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the media. Id. at § 50.10(c). However, as the District Court correctly observed, the guidelines expressly state that they do “not create or recognize any legally enforceable right in any person.” Id. at § 50.10(n). This reservation has been upheld by several federal appellate and district courts. See In re Special Proceedings, 373 F.3d 37, 44 n. 3 (1st Cir.2004) (noting that DOJ guidelines state that they do not create legally enforceable rights); In re Grand Jury Subpoena American Broadcasting Companies, Inc., 947 F.Supp. 1314, 1322 (D.Ark.1996) (declining to quash subpoena based on failure to comply with DOJ regulations, on ground that regulations, by their own terms, confer no rights on media witnesses). See also In re Grand Jury Proceedings No. 92-4, 42 F.3d 876, 880 (4th Cir.1994) (<HOLDING>). The guidelines, not required by any Options: A. holding that special prosecutors failure to comply with guidelines regarding issuance of subpoenas to attorney even if applicable were not enforceable by witness through motion to quash B. holding that a lawyer was disqualified from representation in a criminal case when he had previously authorized the issuance of subpoenas for evidence used in the case C. holding that attorney general guidelines for witness protection were discretionary even though the guidelines require the ausa to arrange for the reasonable protection of a victim who is threatened they did not specify how this protection is to be provided D. holding rule applicable to witness E. holding that an administrative agency is not subject to a contempt proceeding for failure to comply with an order

assistant: The best answer is A. holding that special prosecutors failure to comply with guidelines regarding issuance of subpoenas to attorney even if applicable were not enforceable by witness through motion to quash
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: Attached hereto as Schedule C are any notices required to be given by the date hereof in accordance with the terms of the Security and Pledge Agreement. All deliveries under the Security and Pledge Agreement required by the date hereof have either already been delivered to the Administrative Agent or are being delivered herewith.

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: The proceeds of the Loans made under this Agreement will be used by the Borrower for general corporate purposes. None of such proceeds will be used, directly or indirectly, in violation of the Margin Regulations. The Borrower will not request any Borrowing or Letter of Credit, and the Borrower shall not use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, in violation of applicable law or regulation, or (C) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall at all times comply with all applicable laws, rules and regulations of any and all governmental authorities and the applicable standards, bylaws, rules, compliance programs, policies and procedures of the Company of which Executive has knowledge.

assistant: Compliance With 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: This Agreement constitutes the entire agreement between the parties hereto with respect to the transactions contemplated herein, and it supersedes all prior discussions, understandings or agreements between the parties. All Exhibits and Schedules attached hereto are a part of this Agreement and are incorporated herein by reference.

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: If (a) any Preferred Shares are placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or a Holder otherwise takes action to collect amounts due under this Certificate of Designations with respect to the Preferred Shares or to enforce the provisions of this Certificate of Designations or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company creditors’ rights and involving a claim under this Certificate of Designations, then the Company shall pay the costs incurred by such Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys’ fees and disbursements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall serve in an executive capacity and shall perform such duties as are customarily associated with his position, consistent with the bylaws or operating agreement of the Company and its Affiliates, as the case may be, and as reasonably required by the Board.

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: Upon the termination of Covenantor's employment with Buyer, Covenantor shall immediately surrender to Buyer all notes, data, sketches, drawings, manuals, documents, records, data bases, programs, blueprints, memoranda, specifications, customer lists, financial reports, equipment and all other physical forms of expression incorporating or containing any Confidential Information, it being distinctly understood that all such writings, physical forms of expression and other things are the exclusive property of Buyer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any dispute or disagreement between Optionee and the Company with respect to any portion of this Option or its validity, construction, meaning, performance or Optionee’s rights hereunder shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association or its successor, as amended from time to time. However, prior to submission to arbitration, Optionee will attempt to resolve any disputes or disagreements with the Company over this Option amicably and informally, in good faith, for a period not to exceed two weeks. Thereafter, the dispute or disagreement will be submitted to arbitration. At any time prior to a decision from the arbitrator(s) being rendered, Optionee and the Company may resolve the dispute by settlement. Optionee and the Company shall equally share the costs charged by the American Arbitration Association or its successor, but Optionee and the Company shall otherwise be solely responsible for its own respective counsel fees and expenses. The decision of the arbitrator(s) shall be made in writing, setting forth the award, the reasons for the decision and award and shall be binding and conclusive on Optionee and the Company. Further, neither Optionee nor the Company shall appeal any such award. Judgment of a court of competent jurisdiction may be entered upon the award and may be enforced as such in accordance with the provisions of the award.

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 case excerpt and choose the best holding from the options. Case excerpt: statute. Common law actions based on such an injury are barred by the exclusivity provision of this statute. See Mass.Gen.L. ch. 152, § 15 (co-employees); Mendes v. Tin Kee NG., 400 Mass. 131, 132, 507 N.E.2d 1048 (1987); Mass.Gen.L. ch. 152, § 23 (employers). The exclusivity bar applies even where the allegedly injurious actions occur in the course of termination. Bertrand v. Quincy Market Cold Storage & Warehouse Company, 728 F.2d 568 (1st Cir.1984). In Bertrand, the court held that as “the employer’s conduct substantially took place while the plaintiff was an employee, and it explicitly concerned his employment, the plaintiff suffered ‘a personal injury arising out of and in the course of his employment.’ ” Id. at 572, citing Mass.Gen.L. ch. 152, § 26. It i , 500 N.E.2d 812 (1986) (<HOLDING>). Claims of negligent infliction of emotional Options: A. holding that a single incident of yelling at plaintiff and refusing to assign him to quality control is not the kind of extreme and outrageous conduct the indiana supreme court had in mind when it adopted the tort B. holding that where the complaint alleged that the employer gave the plaintiff a poor performance review increased his sales goals by 42 and pressured him to take early retirement the conduct was not extreme and outrageous C. holding that defendantemployers failure to follow mandatory personnel policies governing performance evaluations and its discipline and removal of plaintiff from his position without cause did not rise to the level of extreme and outrageous conduct D. holding employer discipline and written and verbal criticism of employees job performance not extreme and outrageous E. holding that assistant principals allegedly defective investigation did not rise to the level of extreme and outrageous conduct

assistant: The best answer is B. holding that where the complaint alleged that the employer gave the plaintiff a poor performance review increased his sales goals by 42 and pressured him to take early retirement the conduct was not extreme and outrageous
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 Tucker Act, the complaint must be dismissed for lack of subject matter jurisdiction. Plaintiff contends that his filing an application with the DOT BCMR on November 3, 2006, renders his claim timely. Plaintiff reasons that this filing tolled the court’s general statute of limitations. Nevertheless, it is a canon of military-pay jurisprudence that seeking permissive administrative review does not toll the statute of limitations in the Tucker Act. See Martinez v. United States, 333 F.3d 1295, 1312 (Fed.Cir.2003) (“[I]t is well settled that the statute of limitations for Tucker Act claims is not tolled by the claimant’s exercise of his right to seek permissive administrative review of his claim.”); see also Brighton Village Assocs. v. United States, 52 F.3d 1056, 1060 (Fed.Cir. 1995) (<HOLDING>). The Administrative Record reveals some Options: A. holding that the post conviction relief act extends to challenges arising from the penalty phase of trial including ineffectiveness claims B. holding that a 1983 claim is an independent original action rather than a review proceeding even when it challenges an administrative action C. holding that 1983 claims may be joined with an administrative review D. holding that administrative challenges did not postpone accrual of claims E. holding premature a suit filed before final administrative determination of claimants administrative claim

assistant: The best answer is D. holding that administrative challenges did not postpone accrual of claims
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: Employee’s base salary from the Commencement Date through February 28, 2018 shall be at Employee’s current annual rate (“Base Salary”). Base Salary, less normal deductions, shall be paid to Employee in accordance with the Company’s regular payroll practices in effect from time to time. Base Salary shall be reviewed for increase for each subsequent calendar year (or portion thereof) in the Term. Once established at an increased annual rate, Base Salary shall not thereafter be reduced unless such reduction is pursuant to an overall plan to reduce the salaries of all senior executive officers of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information which is not otherwise disclosed in the Preliminary Prospectus or Prospectus. The Company understands and confirms that the Purchasers will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchasers regarding the Company and its Subsidiaries, their respective businesses and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof.

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 legal provision and list the applicable contract clause categories. Provision: Effective as of the Closing, to the fullest extent permitted by applicable Law, the Purchaser, on behalf of itself and its Affiliates, respectively (the “ Releasing Persons ”), will release and discharge the Seller from and against any and all Actions, obligations, agreements, debts and Liabilities whatsoever, whether known or unknown, both at law and in equity, which such Releasing Person now has, has ever had or may hereafter have against the Seller arising on or prior to the Closing Date or on account of or arising out of any matter occurring on or prior to the Closing Date, including any rights to indemnification or reimbursement from Seller, whether pursuant to its Organizational Documents, Contract or otherwise, and whether or not relating to claims pending on, or asserted after, the Closing Date. From and after the Closing, each Releasing Person hereby irrevocably covenants to refrain from, directly or indirectly, asserting any Action, or commencing or causing to be commenced, any Action of any kind against the Seller or its Affiliates, based upon any matter purported to be released hereby. Notwithstanding anything herein to the contrary, the releases and restrictions set forth herein shall not apply to any claims a Releasing Person may have against any party pursuant to the terms and conditions of this Agreement or any Ancillary Document.

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 Plan and this Agreement constitutes the entire agreement with respect to the subject matter thereof and hereof, provided that in the event of any inconsistency between the Plan and this Agreement, the terms and conditions of the Plan shall control.

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: essential purposes. Missouri law limits the rights of parties to contractually limit available remedies “[w]here circumstances cause an exclusive or limited remedy to fail of its essential purpose.” Mo.Rev.Stat. § 400.2-719(2). If Mid-West had accepted AM’s offer to replace the Eagle press, and the replacement press had the same deficiencies that Mid-West complains of in the original press, this position would have validity/ However, we will never know whether the replacement press offered by AM would have complied with the warranties made. Mid-West’s refusal to accept AM’s offer to replace the press precludes Mid-West from recovering on this theory. Cf., e.g., Transport Corp. of America, Inc. v. International Bus. Machs., Inc., 30 F.3d 953, 959 (8th Cir.1994) (applying Minnesota law) (<HOLDING>). The Court has carefully considered Mid-West’s Options: A. holding that ricos nationwide service of process provision did not authorize service outside the united states B. holding that service of a statecourt summons and complaint after removal to federal court is valid service C. holding that remedy of repair and service did not fail of its essential purpose when seller provided warranty service on the product and accomplished repair D. holding that an attempted service on the partys counsel was insufficient without proof of the counsels actual authority to receive service E. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service

assistant: The best answer is C. holding that remedy of repair and service did not fail of its essential purpose when seller provided warranty service on the product and accomplished repair
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: Later in its petition for rehearing, the Department again, without any case authority or statutory support, says: “The Administrative Review Law provides that final orders are those orders by an administrative agency, ‘rendered in a particular case, which affect the legal rights, duties or privileges of parties, and which terminate the proceedings before the administrative agency.’ 735 ILCS 5/3 — 101 (1996).” Contrary to the Department’s claim, section 3 — 101 does not say that final orders are administrative decisions. 735 ILCS 5/3 — 101 (West 1996). It merely defines an administrative decision as detailed above. We have found no language in either the Act or the Administrative Review Law that explicitly defines either “final order” or “final 006, 1008, 443 N.E.2d 268 (1982) (<HOLDING>). We again point out that where either a Options: A. holding that the appellate court had jurisdiction despite a remand to the bankruptcy court for more specific findings of fact and for further proceedings to apply the correct burden of proof B. holding that rule 32 petition should have been granted where defendant was convicted in circuit court on indictment entered while case was on appeal from transfer order because circuit court lacked jurisdiction where we remanded the case to the juvenile court for further proceedings C. holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings D. holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial E. holding in pertinent part that this court lacked jurisdiction to hear the appeal

assistant: The best answer is C. holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings
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 prosecutor was permitted to amend the indictment to include this phrase. After his conviction, Chapman filed a petition for writ of habeas corpus arguing that the amendment was made without the approval of the grand jury. The Ohio Supreme Court held that defendants could not attack the sufficiency of the indictment through a writ of habeas corpus. “The question of the sufficiency of the indictment does not relate to the jurisdiction of the court to try appellant for the crime for which he was convicted.... Appellant’s remedy, if any, is by way of appeal from the judgment of conviction.” Id. at 51, 356 N.E.2d at 722 (citation omitted). See also Mills v. Maxwell, 174 Ohio St. 523, 524, 190 N.E.2d 264, 265 (per curiam), cert. denied, 375 U.S. 850, 84 S.Ct. 107, 11 L.Ed.2d 77 (1963) (<HOLDING>). The same principle was applied recently in Options: A. holding that threeyear statute of limitations was not an unconstitutional suspension of the writ of habeas corpus B. holding that a writ of habeas corpus cannot be used to review the weight of evidence C. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus D. holding that a writ of habeas corpus cannot be used to review the weight of evidence E. holding that petitioner could not challenge his conviction on the grounds that the indictment failed to charge an essential element of the crime through a writ of habeas corpus

assistant: The best answer is E. holding that petitioner could not challenge his conviction on the grounds that the indictment failed to charge an essential element of the crime through a writ of habeas corpus
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: Borrower will, do or cause to be done all things reasonably necessary (a) to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, Intellectual Property rights, licenses and permits (except as such would otherwise reasonably expire, be abandoned or permitted to lapse in the ordinary course of business), necessary or desirable in the normal conduct of its business except to the extent failure to maintain would not reasonably be expected to result in a Material Adverse Effect; provided , however , that the foregoing shall not prohibit any merger, consolidation, liquidation, dissolution or disposition permitted under this Agreement; and (b) to maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except, other than with respect to Borrower’s existence, to the extent such failure to do so would not reasonably be expected to have a Material Adverse Effect.

assistant: Existence
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: Without notice and without the Makers’ consent, Payee may i ncur expenses to collect amounts due under this Note, enforce the terms of this Note or any other Loan Documents, and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property taxes, prior liens, insurance (including force-placed insurance), appraisals, environmental remediation costs, and attorney’s fees and costs. If Payee incurs any of these expenses, then Payee may demand immediate repayment from Makers or add the expenses to the principal balance. If Payee requests legal services by an attorney for enforcement, modification or collection, or through any legal proceeding at law or in equity or in bankruptcy, receivership, out-of-court workout, or other court proceedings, then Makers agree to pay all costs including, but not limited to, court costs and attorneys’ fees.

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: reference to the content of the regulated speech,” Ward v. Rock Against Racism, 491 U.S. 781, 790, 109 S.Ct. 2746, 2753, 105 L.Ed.2d 661 (1989) (citations omitted), or serves purposes unrelated to the content of expression, it is deemed neutral, Clark v. Community for Creative Non-Violence, 468 U.S. 288, 295, 104 S.Ct. 3065, 3070, 82 L.Ed.2d 221 (1984), even if it has an incidental effect on a particular category of speech. City of Renton v. Playtime Theatres, 475 U.S. at 48, 106 S.Ct. at 929. The content-neutrality requirement can be met if the challenged ordinance seeks to control secondary effects related to protected expression. This conclusion emanates from the controlling holding of Barnes v. Glen Theatre, 501 U.S. at 584, 111 S.Ct. at 2469 (Souter, J. concurring in judgement) (<HOLDING>). See Triplett Grille, Inc. v. City of Akron, Options: A. recognizing secondary effects as sufficient basis for governmental regulation of sexually oriented businesses B. recognizing utswmc as a governmental unit under the act C. holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary D. recognizing governmental interest in rehabilitation E. recognizing the protection of preliminary governmental materials

assistant: The best answer is A. recognizing secondary effects as sufficient basis for governmental regulation of sexually oriented businesses
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, together with the Plan, contains the entire agreement of the parties with respect to the Performance Share Unit Award granted hereby and may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, modification or extension is sought.

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: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BORROWERS WILL JOINTLY AND SEVERALLY INDEMNIFY AND HOLD HARMLESS EACH LENDER AND THE ADMINISTRATIVE AGENT AND THE COLLATERAL AGENT FOR ANY AND ALL COVERED TAXES AND OTHER TAXES (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL COVERED TAXES OR OTHER TAXES IMPOSED BY ANY GOVERNMENTAL AUTHORITY ON AMOUNTS PAYABLE UNDER THIS SECTION 4.06 ) PAYABLE BY SUCH LENDER OR THE ADMINISTRATIVE AGENT OR THE COLLATERAL AGENT (ON THEIR BEHALF OR ON BEHALF OF ANY LENDER), AS THE CASE MAY BE, AND ALL EXPENSES WITH RESPECT THERETO, WHETHER OR NOT SUCH COVERED TAXES OR OTHER TAXES WERE CORRECTLY OR LEGALLY ASSERTED. ANY PAYMENT PURSUANT TO SUCH INDEMNIFICATION SHALL BE MADE WITHIN THIRTY (30) DAYS AFTER THE DATE ANY LENDER, THE COLLATERAL AGENT OR THE ADMINISTRATIVE AGENT, AS THE CASE MAY BE, MAKES WRITTEN DEMAND THEREFOR. A CERTIFICATE AS TO THE AMOUNT OF SUCH PAYMENT OR LIABILITY DELIVERED TO THE PARENT BORROWER BY A LENDER (WITH A COPY TO THE ADMINISTRATIVE AGENT), OR BY THE ADMINISTRATIVE AGENT ON ITS OWN BEHALF OR ON BEHALF OF A LENDER, SHALL BE CONCLUSIVE ABSENT MANIFEST ERROR. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION 4.06 TO THE CONTRARY, THE BORROWERS SHALL BE UNDER NO OBLIGATION TO ANY LENDER OR ANY AGENT WITH RESPECT TO ANY ADDITIONAL AMOUNTS DESCRIBED IN SUBSECTIONS (A) AND (C) OF THIS SECTION 4.06 TO THE EXTENT THAT THE LENDER OR AGENT (AS THE CASE MAY BE) DOES NOT NOTIFY THE PARENT BORROWER WITHIN 120 DAYS AFTER THE LENDER OR AGENT (AS THE CASE MAY BE) HAS ACTUAL KNOWLEDGE OF THE TAX CLAIM GIVING RISE TO SUCH ADDITIONAL AMOUNTS, AND THE BORROWERS DO NOT OTHERWISE HAVE ACTUAL KNOWLEDGE OF SUCH TAX CLAIM BEFORE THE END OF SUCH 120 DAY PERIOD.

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 case excerpt and choose the best holding from the options. Case excerpt: the risk of erroneous deprivation, and the probable benefits and costs of additional protections. The government’s principal interest in mandating sex offender registration is to protect the public, particularly children, from sex offenders. Even though Wisconsin’s registration statute, like most conviction-based schemes, paints with an extremely broad brush, it undeniably serves a legitimate interest in public safety. The resulting liberty restrictions are not so great as incarceration or even probation or supervised release. Registration may limit where an offender can live or what employment he may hold, but the collateral consequences are not so devastating as to deprive registrants of a home or a job. Cf. Goldberg v. Kelly, 397 U.S. 254, 264, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970) (<HOLDING>). Murphy’s interest here is certainly important Options: A. holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies B. holding that where a party has the means to discover the true nature of the transaction by the exercise of ordinary intelligence and fails to make use of those means he cannot claim justifiable reliance on defendants misrepresentations C. holding that applicants for welfare benefits had a property interest or legitimate claim of entitlement and were entitled to due process to protect that interest D. holding that the phrase provided by law means prescribed or provided by statute E. holding that meaningful predeprivation process was necessary and that postdeprivation remedies alone were insufficient because the private interest at issue welfare benefits provided the means to obtain essential food clothing housing and medical care and termination of aid pending resolution of a controversy over eligibility may deprive an eligible recipient of the very means by which to live while he waits

assistant: The best answer is E. holding that meaningful predeprivation process was necessary and that postdeprivation remedies alone were insufficient because the private interest at issue welfare benefits provided the means to obtain essential food clothing housing and medical care and termination of aid pending resolution of a controversy over eligibility may deprive an eligible recipient of the very means by which to live while he waits
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: we to extend the statute to prenatal conduct that affects a fetus in a manner apparent after birth— conduct that would be defined solely in terms of its impact on the victim—the boundaries of proscribed conduct that would subject a pregnant woman to prosecution under W.Va. Code § 61-8D-4a would become impermissi-bly broad and ill-defined. “Many types of prenatal conduct can harm a fetus, causing physical or mental abnormalities in a newborn. For example, medical researchers have stated that smoking during pregnancy may cause, among other problems, low birth weight, which is a major factor in infant mortality.” Reinesto v. Superior Ct. of Ariz., 182 Ariz. 190, 193, 894 P.2d 733, 736 (Ct.App.1995). The court in Reinesto found that numerous prenatal activities could harm a fe 50 (1991) (<HOLDING>); Reyes v. Superior Ct. of San Bernardino Options: A. holding that possession of listed chemical with intent to manufacture controlled substance is controlled substance offense B. holding a pregnant woman who uses cocaine is not criminally liable for delivery of a controlled substance despite the possibility the drug may transfer to her infant postpartum via the umbilical cord C. holding that quantity of the controlled substance does not have to be measurable to support a conviction for possession of such controlled substance particularly when the immeasurable amount of the substance is found on an implement used to consume the substance D. holding that a reasonable jury could have concluded based on repeated references to the substance as cocaine and testimony from witnesses who had used the substances which they believed to be cocaine that substance was cocaine E. holding that mens rea required for possession of a controlled substance is knowledge that defendant possessed a controlled substance

assistant: The best answer is B. holding a pregnant woman who uses cocaine is not criminally liable for delivery of a controlled substance despite the possibility the drug may transfer to her infant postpartum via the umbilical cord