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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts (including by e-mail of portable document format or scanned versions or by facsimile), each of which shall constitute an original and all of which, when taken together, shall constitute one and the same agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an order directing the Debtor to pay her rent in accordance with the terms of the August Stipulation. See Order Directing Debtor to Pay Certain Post-Petition Rents Owed to Landlord, August 7, 2002. 7 .Although the Stein case did not specifically deal with a rent-stabilized lease governed by the New York State Rent Stabilization Code ("the RSC”), the court noted that it "would reach the same conclusion even if it treated the occupancy right as statutory.” Id. at fn. 2 (citing Finn v. 415 Fifth Ave. Co., 153 F.2d 501, 501 (2d Cir.1946)) (Judge Learned Hand held that the bankrupt’s statutory right to possession under newly-enacted rent control laws passed to trustee), cert. denied, 328 U.S. 838, 66 S.Ct. 1014, 90 L.Ed. 1614 (1946). 8 . See Ernst v. Oberferst, 166 F.2d 519 (2d Cir.1948) (<HOLDING>); Cullen v. Bowles, 148 F.2d 621 (holding that Options: A. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine B. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate C. holding that a trustee could not be compelled to pay rent on behalf of a rentstabilized debtor at a market rate which exceeded the rentstabilized rate D. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract E. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate

assistant: The best answer is C. holding that a trustee could not be compelled to pay rent on behalf of a rentstabilized debtor at a market rate which exceeded the rentstabilized rate
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 issuance by the applicable Issuing Bank of any amendment, supplement or other modification to any Letter of Credit shall be subject to the same conditions applicable under this Agreement to the issuance of new Letters of Credit (including, without limitation, that the request therefor be made through such Issuing Bank), and no such amendment, supplement or other modification shall be issued unless either (i) the respective Letter of Credit affected thereby would have complied with such conditions had it originally been issued hereunder in such amended, supplemented or modified form or (ii) the Administrative Agent and Requisite Revolving Credit Lenders shall have consented thereto. In connection with any such amendment, supplement or other modification, the Borrower shall pay the fees, if any, payable under the last sentence of Section 3.5.(c).

assistant: Amendments
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: is a property right that can be assigned unless assignment is prohibited by statute or is contrary to public policy. State Farm Fire & Cas. Co. v. Gandy, 925 S.W.2d 696, 707 (Tex.1996) (“[F]ree alienation of choses in action [is] the general rule, but ... [e]ven today, the general rule is that a contractual assignment may be ‘inoperative on grounds of public policy.’ ” (citing Restatement (Second) of Contracts § 317(e)(b) (1981)); Seiter v. Marschall, 105 Tex. 205, 147 S.W. 226 (1912) (observing that assignment of partial interest in assignor’s cause of action conveyed after adverse judgment on claim could be prosecuted in assignor’s name on appeal to extent of assignee’s interest in claim); Camden Fire Ins. Ass’n v. Eckel, 14 S.W.2d 1020, 1021-22 (Tex.Com.App.1929, judgm’t adopted) (<HOLDING>); Vinson & Elkins v. Moran, 946 S.W.2d 381, 390 Options: A. holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend B. holding that an administrator that has control over and makes the ultimate determination regarding the merits of an insureds claim must act in good faith in processing the insureds claims C. holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor D. holding that defendant insurance company could not be held liable in negligence to a plaintiff for failure to disclose the insureds medical condition where defendant insurance company had not assumed a professional and expert position with respect to the insureds physical condition E. holding that the district court erred in dismissing the injured party from the insureds declaratory relief action based on a default judgment entered against the insured and the insureds tortfeasor son

assistant: The best answer is C. holding that insurance company could sue in insureds name following assignment of insureds interest against tortfeasor
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 understand and agree that all materials publicly posted or privately transmitted on or through this service are the sole responsibility of the sender , not viber , and that you are responsible for all material you upload , publicly post or otherwise transmit to or through this service .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: allow a plaintiff to claim the state's accounts receivable only if under federal law those accounts themselves belonged to the plaintiff. That does not imply that a plaintiff could garnish unrelated funds. We express no opinion on this broader question. 6 . Indeed, it is not clear that the state has yet received full reimbursement for its Medicaid payments, in which case Harris’s claim would relate only to some future receipt of funds by the state. 7 . We assume, without deciding, that a portion of the claims settled in the Master Settlement Agreement were for Medicaid claims, because the settlement agreement explicitly included health-related claims and Colorado’s complaint sought damages that included amounts for "increased Medicaid payments. ” But see Watson, 261 F.3d at 443-45 Options: A. recognizing this texas rule B. holding that where the entity was incorporated in texas and the shareholders reside in texas and the bankruptcy case is pending in texas texas law not arizona law should be applied C. holding that jurisdiction existed over nonresident printing customer despite the fact that texas printer solicited the business in alabama and nonresident sent no personnel to texas because nonresident placed additional orders from which it expected to profit sent payments to texas sent and received printing materials to and from texas paid for shipping of printed goods from texas and sent payments to texas the transactions were governed by texas law and substantial part of performance occurred in texas D. holding that jurisdiction existed over two georgia residents who leased a machine from a texas resident because they 1 solicited and negotiated the lease agreement by two telephone calls to texas 2 sent correspondence and payments by mail to texas 3 paid for the transfer of the machine from texas and 4 caused their insurance agent to contact the texas resident in texas to arrange coverage for the machine E. holding that texas did not settle individual medicaid claims

assistant: The best answer is E. holding that texas did not settle individual medicaid 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: To the extent that the Collateral Agent is not reimbursed and indemnified by the Obligors, the Secured Parties will jointly and severally reimburse and indemnify the Collateral Agent, in proportion to principal outstanding amounts of the Notes held at such time, from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever which may be imposed on, incurred by or asserted against the Collateral Agent in performing its duties hereunder or under the Agreement or any other Transaction Document, or in any way relating to or arising out of the Agreement or any other Transaction Document except for those determined by a final judgment (not subject to further appeal) of a court of competent jurisdiction to have resulted solely from the Collateral Agent’s own gross negligence or willful misconduct. Prior to taking any action hereunder as Collateral Agent, the Collateral Agent may require each Secured Party to deposit with it sufficient sums as it determines in good faith is necessary to protect the Collateral Agent for costs and expenses associated with taking such action.

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: All governmental and third party approvals necessary in connection with the financing contemplated hereby and the continuing operations of the Loan Parties and their Subsidiaries (including shareholder approvals) shall have been obtained on terms reasonably satisfactory to the Lenders and shall be in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and all Legal Proceedings (whether based on contract, tort or otherwise), directly or indirectly, arising out of or relating to this Agreement or the actions of the Parties in the negotiation, administration, performance and enforcement thereof, shall be governed by, and construed in accordance with, the Laws of the State of Maryland, without giving effect to any choice or conflict of Laws provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the Laws of any jurisdiction other than the State of Maryland.

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: The Company (or Stock Yards Bank & Trust, as the employer) shall withhold from wages otherwise due, or retain from any payment to the Grantee in respect of the PSUs, or take such other action which Company deems necessary to satisfy any income or other tax withholding requirements as a result of the vesting of PSUs and issuance of Company Stock related thereto. Unless an affirmative election is made by the Participant before the end of the Performance Period (or Change of Control, if earlier) to (i) remit already-owned shares of Company Stock, (ii) remit a cash payment, (iii) to have amounts debited from other wages due, or (iv) some combination thereof, the Grantee shall be deemed to have elected to satisfy any federal and state tax withholding requirements through a reduction in the number of shares of Company Stock issuable upon vesting, equal to their Fair Market Value based on the amount of withholding taxes reasonably estimated by the Company to be due upon vesting.

assistant: Tax 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 case excerpt and choose the best holding from the options. Case excerpt: application signed by defendant, relating to matters of a general nature unrelated to the applicant’s medical history, was approved by the Acting Superintendent of Insurance of the State of New York on March 27,1990. (Exh. Y annexed to Pl.’s Summary Judgment Motion). With regard to the second part of NML’s form of disability insurance application, relating specifically to an applicant’s medical history, NML’s form of medical questionnaire which it submitted to the Superintendent of Insurance of the State of New York was approved on January 13, 1986. (Exh. Z annexed to Pl.’s Summary Judgment Motion). NML’s form was entitled, “Nonmedical Applications Only.” Id. The form entitled, “Nonmedical Applications Only” is exactly the same .Y.S.2d 500, 502, 107 A.D.2d 1033, 1034 (4th Dep’t) (<HOLDING>), aff'd 65 N.Y.2d 993, 494 N.Y.S.2d 299, 484 Options: A. holding that where employer paid benefits under group disability policy to employee under mistaken belief that his condition resulted from illness rather than injury arising out of and in course of employment employees acceptance of such benefits did not bar him from benefits to which he was entitled under workers compensation law and employer was properly allowed credit for payments made under disability policy B. holding evidence including that insurer only charged life insurance premium that would ordinarily apply to onehalf the amount of coverage actually permitted by policy as written did not warrant retroactive reformation of policy to reduce coverage amount because it did not demonstrate mistake on insureds part and insurance company did not present evidence on what parties agreed to before the policy was issued 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 fact that prototype group disability policy submitted to insurance department for approval contained blanks and that therefore policy actually issued with blanks filled in may have been unapproved in violation of insurance statutes did not warrant voiding of nonduplication of benefits clause in group disability policy E. holding that a policy with an excess other insurance clause provides no coverage until a policy with a pro rata other insurance clause is exhausted

assistant: The best answer is D. holding fact that prototype group disability policy submitted to insurance department for approval contained blanks and that therefore policy actually issued with blanks filled in may have been unapproved in violation of insurance statutes did not warrant voiding of nonduplication of benefits clause in group disability policy
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: Request any Advance or Letter of Credit, and the Company 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 Advance 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 or financing any activities, business or transaction of or with any Sanctioned Person, or in any Designated Jurisdiction, to the extent such activities, businesses or transaction would be prohibited by Sanctions if conducted by a corporation incorporated in the United States or in a European Union member state 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: The Company and the Subsidiaries each has made or filed, or caused to be made or filed, all United States federal, and applicable state, local and non-U.S. tax returns, reports and declarations required by any jurisdiction to which it is subject and has paid all taxes and other governmental assessments and charges that are material in amount, required to be paid by it, regardless of whether such amounts are shown or determined to be due on such returns, reports and declarations, except those being contested in good faith by appropriate proceedings and for which it has set aside on its books provision reasonably adequate for the payment of all taxes for periods subsequent to the periods to which such returns, reports or declarations apply. There are no unpaid taxes in any material amount claimed to be due by the taxing authority of any jurisdiction, and, the knowledge of the Company, there is no basis for any such claim.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lenders may continue to make loans or extend credit to any Borrower based on this Guaranty until five (5) days after the Agent receives written notice of termination from any Guarantor. Notwithstanding receipt of any such notice, each Guarantor will continue to be liable to the Lender for any Guarantied Obligations created, assumed or committed to prior to the fifth day after receipt of the notice, and all subsequent renewals, extensions, modifications and amendments with respect to, or substitutions for, all or any part of that Guarantied Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the continuation coverage period specified in section 4980B of the Internal Revenue Code of 1986, as amended (“ Code ”), and Part 6 of Title 1 of the Employee Retirement Income Security Act of 1986, as amended, Employee may elect to continue to participate in any medical, prescription drug, dental, vision, health care spending account and any other “group health plan” (as such term is used in section 4980B of the Code) for the continued benefit of Employee (and Employee’s spouse and dependents) in which such person(s) were participating immediately prior to the Separation Date or, if such arrangements are altered by the Company, which is provided to similarly situated beneficiaries under the plans with respect to which a qualifying event has not occurred (“ COBRA Coverage ”). In the event that Employee elects COBRA Coverage, the Company will pay to the Company’s third party COBRA administrator on the Employee’s behalf the premiums the Employee will be required to pay to maintain such COBRA Coverage for Employee and Employee’s spouse and dependents for the twelve-month period following the Separation Date (or until Employee becomes eligible for health care benefits from a new employer, if earlier), in either case the “ COBRA Coverage Period ”); provided, however, that if the Company determines, in its sole discretion, that its payment of the Employee’s COBRA premiums would result in a violation of the nondiscrimination rules of Section 105(h)(2) of the Code or any statute or regulation of similar effect (including but not limited to the 2010 Patient Protection and Affordable Care Act, as amended by the 2010 Health Care and Education Reconciliation Act), then in lieu of paying the Employee’s COBRA premiums, the Company shall instead pay to Employee on the first day of each month of the COBRA Coverage Period, a fully taxable cash payment equal to the Employee’s COBRA premiums for that month, subject to applicable tax withholdings (such amount, the “ Special Severance Payment ”), for the remainder of the COBRA Coverage Period. The Employee may, but is not obligated to, use such Special Severance Payment toward the cost of COBRA premiums.

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: (a) The Borrower agrees to pay to the Administrative Agent, for the account of each Lender (other than a Defaulting Lender) a facility fee, which shall accrue at the Applicable Rate on the daily amount of the Commitments of such Lender (whether used or unused) during the period from and including the Effective Date to but excluding the date on which such Commitments terminate; provided that, if such Lender continues to have any Revolving Credit Exposure after its Commitments terminate, then such facility fee shall continue to accrue on the daily amount of such Lender’s Revolving Credit Exposure from and including the date on which its Commitment terminates to but excluding the date on which such Lender ceases to have any Revolving Credit Exposure. Facility fees accrued through but excluding the last day of March, June, September and December of each year shall be payable in arrears on the last day of March, June, September and December of such year and on the date on which all the Commitments terminate, commencing on the first such date to occur after the Effective Date; provided that any facility fees accruing after the date on which all the Commitments terminate shall be payable on demand. All facility fees shall be computed on the basis of a year of 365 (or 366, as the case may be) days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

assistant: Fees
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, Executive shall serve as Vice President, General Counsel and Secretary of the Company, reporting directly to the Chairman of the Board (with respect to his duties as Secretary) and to the Chief Financial Officer of the Company (with respect to the balance of his duties).

assistant: Positions
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: that Plaintiffs Request for Oral Argument on Renewed Motion for Class Certification is DENIED. 1 . Numerous extensions of time were filed by both parties. Accordingly, the Motion for Renewed Class Certification was not ripe until November 23, 1998. Thereafter, the Court granted ences in insured-whole law defeats Rule 23(a) commonality. This Court, however, finds that the lack of uniformity of state law is more appropriately addressed in the context of Rule 23(b)(3) predominance. 6 . Geico also argues that Powers is an inadequate class representative because she lacks credibility. This Court finds, however, that any inquiry concerning Powers' credibility is an impermissible examination of the merits of the case. See Eisen v. Carlisle & Jacquelin, 417 U.S. at 177-78, 94 S.Ct. 2140 (<HOLDING>). 7 . The Court is permitted to look beyond the Options: A. holding that district court in making class certification decision should avoid focusing on merits of underlying class action B. holding that it is error to certify class when named class representatives are not members of the class they purport to represent C. holding that the court cannot examine the underlying merits of the claims in determining whether to certify a class D. holding that district court did not abuse its discretion in refusing to certify class action when claims were so individualized that certification was improper E. holding that the trial court must examine the entire course of criminal conduct in determining possession

assistant: The best answer is C. holding that the court cannot examine the underlying merits of the claims in determining whether to certify a class
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: defense, Contour Spa, 692 F.3d at 1207, and we cannot either. Also problematic is the race to the courthouse that Bodi’s position on tribal waiver-by-removal would likely inspire. There are reasons why a tribe may prefer to litigate in federal court. “[T]ribal immunity ‘is a matter of federal law,’” Bay Mills, 134 S.Ct. at 2031 (quoting Kiowa Tribe, 523 U.S. at 756, 118 S.Ct. 1700), and, as such, tribes may wish to avail themselves, when possible, of the “experience, solicitude, and hope of uniformity that a federal forum offers on [such] federal issues,” Grable & Sons Metal Prods., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 312, 125 S.Ct. 2363, 162 L.Ed.2d 257 (2005) (discussing removability of claims “impli-cat[ing] significant federal issues”); see Contour Spa, 692 F.3d at 1207 (<HOLDING>). In addition, state courts have long been at Options: A. holding the americans with disabilities act not to abrogate tribal sovereign immunity and declaring congress abrogates tribal immunity only where the definitive language of the statute itself states an intent either to abolish indian tribes common law immunity or to subject tribes to suit under the act B. holding that tribes voluntary participation in administrative proceedings is not the express and unequivocal waiver of tribal immunity that we require in this circuit C. holding that acoma tribal law was the law of the place because the tribal court could have jurisdiction over the plaintiffs claim D. recognizing that tribes have an interest in a uniform body of federal law in the area of tribal immunity E. recognizing the uncertain state of federal law in this area

assistant: The best answer is D. recognizing that tribes have an interest in a uniform body of federal law in the area of tribal immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the work independent contractors perform for property owners. Applying this rule, the Parkers contend that the undisputed facts establish that Mr. Patel, through his deemed agent D & S Builders, created the defective condition that caused their injuries. The authority cited by the Parkers does not support adoption of such a rule. These decisions turned on the property owners’ constructive notice of the dangerous condition. See Sanders v. State, 783 S.W.2d 948, 952 (Tenn.Ct.App.1989) (noting that the State had at least constructive notice of the exposed cement that caused injury because a State employee had periodically replaced the wood chips in that area of the playground); Frazer v. Horton Automatics, No. E2006-00102-COA-R9-CV, 2006 WL 3001013, at *7 (Tenn.Ct.App. Oct. 23, 2006) (<HOLDING>); Hamby v. State, No. W2002-00928-COA-R3-CV, Options: A. holding that the automatic stay terminates as to the debtor personally and as to his nonestate property but that the stay persists as to property of the bankruptcy estate B. holding that subsequent property owners were bound by prior owners agreement to restrict building density and preserve certain portions of land as a condition of the original zoning approval C. holding that the doctrine of strict liability applies where an owner of residential property brought a claim against the owners of a gasoline station immediately adjacent to a private residence after gasoline leaked into the property owners well D. holding that the property owners duty of reasonable care included maintaining the automatic doors into the building and concluding that disputes of material fact remained as to the property owners constructive notice that the automatic doors were closing too quickly E. holding that if property is not part of the individuals estate at the time he files a bankruptcy petition no automatic stay provision applies to the property

assistant: The best answer is D. holding that the property owners duty of reasonable care included maintaining the automatic doors into the building and concluding that disputes of material fact remained as to the property owners constructive notice that the automatic doors were closing too quickly
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 shall: (a) use Commercially Reasonable Efforts to make its employees, agents and consultants reasonably available to the other Party (or to the other Party’s authorized attorneys, agents or representatives), to the extent reasonably necessary to enable such other Party to undertake patent prosecution in accordance with this Agreement; and (b) provide the other Party with copies of all material correspondence pertaining to prosecution with the patent offices wherever applicable to Patent Rights licensed to such other Party in such other Party’s Territory under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company must comply with all prevailing laws, rules and regulations that apply to its activities or obligations under this Agreement. For example, Company will comply with applicable United States export laws and regulations. The transfer of certain technical data and commodities may require a license from the applicable agency of the United States government and/or written assurances by Company that Company will not export data or commodities to certain foreign countries without prior approval of the agency. Penn does not represent that no license is required, or that, if required, the license will issue.

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 case excerpt and choose the best holding from the options. Case excerpt: Language 1782 (3d ed.1992). Clearly, a roadway is a structure — that is, “something constructed” — within the ordinary meaning of the term and within the meaning of the Restrictions. We find support for this interpretation of the word “structure” in other contexts as well. We believe ... that the court of appeals correctly concluded that the term “structure” includes the road construction involved in the off-site improvements. The legislature used the term “building” as well as the term “structure” in the competitive bidding laws. Obviously, therefore, a structure must mean something different than merely a “building.” Achen-Gardner, Inc. v. Superior Court, 173 Ariz. 48, 51, 839 P.2d 1093, 1096 (1992); Village of Niles Ctr. v. Indus. Comm’n, 371 Ill. 622, 21 N.E.2d 745, 747 (1939) (<HOLDING>). ¶ 19 We find that the trial court erred by Options: A. holding that because maryland law expressly creates right to file workers compensation claim action exists for wrongful discharge for termination based solely on the filing of a workers compensation claim B. holding that under illinois law interpreting the meaning of a contract is a question of law determined by the court C. holding that a state is not a person within the meaning of 1983 D. holding that an improved public street is a structure within the meaning of illinois workers compensation law E. holding that illinois cause of action for retaliation does not arise under its workers compensation laws

assistant: The best answer is D. holding that an improved public street is a structure within the meaning of illinois workers compensation 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 legal provision and list the applicable contract clause categories. Provision: The Company shall be entitled to withhold from any amounts to be paid or benefits provided to Executive hereunder any federal, state, local or foreign withholding, FICA contributions, or other taxes, charges or deductions which it is from time to time required to withhold. The Company shall be entitled to rely on advice of counsel if any question as to the amount or requirement of any such withholding shall arise.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the rovio services may include measures to control access to the rovio service , prevent unauthorized copies , or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this eula .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties agree that this Agreement shall be governed by the laws of the State of New York and that venue for an action between the parties that arises out of this Agreement shall be in New York county, State of New York. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of 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: effects never can be proven with certainty, the issue becomes whether the instruction had “a substantial propensity for prying individual jurors from beliefs they honestly have.” Thomas, 449 F.2d at 1182. Here, the judge preceded his “invitation to dialogue” with his observation that the jury had been deliberating for a longer period of time than it had taken to hear the evidence. The jurors could have taken the remark as a rebuke for engaging in excessively drawn out deliberations. In addition, the judge had entered the jury room on two separate occasions without counsel or a court reporter present, and those visits formed the basis for the judge’s belief regarding the jury’s confusion. See United States v. U.S. Gypsum Co., 438 U.S. 422, 462, 98 S.Ct. 2864, 57 L.Ed.2d 854 (1978) (<HOLDING>). We add to this the fact that the jury Options: A. holding new trial required after judges ex parte communication with jury in response to jury question during deliberations because there was no way of reaching a conclusion about what transpired other than by adopting the judges recollection B. holding that a defendant did not waive his right to be present at an ex parte encounter between the judge and juror because he was not present at the time of the communication and therefore had no opportunity to object when the error was committed C. holding that judges ex parte communication telling a jury it needed to reach a verdict was reversible error without any discussion of harmlessness D. recognizing the hazards of ex parte communication with a deliberating jury E. recognizing that cases holding that proof of venue is jurisdictional are inconsistent with ex parte seymour and have therefore been overruled

assistant: The best answer is D. recognizing the hazards of ex parte communication with a deliberating jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement, each Sale Supplement and all documents executed pursuant hereto and thereto by HLSS has been duly and validly authorized by all necessary limited liability company or other action. This Agreement has been, and upon their execution each Sale Supplement and all documents executed pursuant hereto and thereto by HLSS shall be, duly executed and delivered by HLSS, and (assuming due authorization, execution and delivery by Seller) this Agreement constitutes, and upon their execution, each Sale Supplement and all documents executed pursuant hereto and thereto by HLSS shall constitute, the legal, valid and binding obligations of HLSS, enforceable against HLSS in accordance with their respective terms, subject to the Enforceability Exceptions.

assistant: Binding Effects
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: (1982). “Mere approval of or acquiescence in the initiatives of a private party” does not constitute state action in the First Amendment context. See id. at 1004-05, 102 S.Ct. 2777; see also Edwards v. Habib, 397 F.2d 687, 691 (D.C. Cir. 1968) (“[I]f, for constitutional purposes, every private right were transformed into governmental action by the mere fact of court enforcement of it, the distinction between private and governmental action would be obliterated.”). Thus, when a court merely enforces obligations explicitly assumed by the parties, there is no state action. See Cohen, 501 U.S. at 669-70, 111 S.Ct. 2513. To hold otherwise would mean that courts could never enforce non-disclosure agreements. See United Egg Producers v. Standard Brands, Inc., 44 F.3d 940, 943 (11th Cir. 1995) (<HOLDING>). Formal constitutions and bylaws of Options: A. holding that court enforcement of a settlement agreement is not state action for constitutional purposes B. holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement C. holding that because the alleged settlement was never approved by the court under rule 9019 the settlement agreement was unenforceable D. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt E. holding that a district court may order restitution despite a settlement agreement

assistant: The best answer is A. holding that court enforcement of a settlement agreement is not state action for constitutional purposes
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: substantial factor in bringing about injury,” without which the harm would not have occurred. Boys Clubs of Greater Dallas, Inc., 907 S.W.2d at 477, Cause in fact is not shown if the defendant’s negligence did no more than furnish a condition which made the injury possible. See Bell v. Campbell, 434 S.W.2d 117, 120 (Tex.1968). Instead, the evidence must go further and “show that such negligence was the proximate, and not the remote, cause of resulting injuries .... [and] justify the conclusion that such injury was the natural and probable result thereof.” Boys Clubs of Greater Dallas, Inc., 907 S.W.2d at 477 (quoting Carey v. Pure Distrib. Corp., 133 Tex. 31, 124 S.W.2d 847, 849 (Tex.1939)); see also Boyd v. Fuel Distribs., Inc., 795 S.W.2d 266, 272 (Tex.App.-Austin 1990, writ denied) (<HOLDING>). “In other words, even if the injury would not Options: A. holding that convenience stores sale of beer to eighteenyearold was not cause in fact of drunk drivers fatal car accident because sale was to passenger and not to driver B. holding that a motion to strike was improper where defendant assisted a drunk minor in his negligence by driving the drunk minor to his car C. holding in the analogous context of choiceoflaw in relation to the sale of personal property that compensation for arranging the sale is assessed apart from underlying sale D. holding that the cause of action accrued on the date of sale E. holding a driver had standing to suppress the drugs found in the underwear of the drivers passenger during an unreasonably prolonged roadside stop of both driver and passenger

assistant: The best answer is A. holding that convenience stores sale of beer to eighteenyearold was not cause in fact of drunk drivers fatal car accident because sale was to passenger and not to driver
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: 123 Nev. 71, 75, 157 P.3d 704, 706 (2007), we have not addressed whether a division of property in a divorce case is an affirmative recovery to which a lien may attach. In light of our disposition of this case, this question is not fairly presented, and we decline to examine it on a hypothetical basis. 7 The court quotes NRS 18.015(3) but incorrectly cites to NRS 18.015(2). 8 The Schlang court cited In re Nicholson, 57 B.R. 672 (D. Nev. 1986) (discussing when an attorney lien attaches to property). 9 Compare Kramer v. Kramer, 96 Nev. 759, 762, 616 P.2d 395, 397 (1980) (the court loses jurisdiction over property divided by a divorce decree where the parties wait for longer than six months to modify the decree), with Collins v. Murphy, 113 Nev. 1380, 1384-85, 951 P.2d 598, 600-01 (1997) (<HOLDING>), superseded by rule amendment, In the Matter Options: A. holding filing of motion for reconsideration does not toll the 30day deadline for filing petition for review B. recognizing that an appeal filed within 30 days of the entry of an order awarding attorney fees was timely filed as to the issue of attorney fees C. holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal D. holding that notice of appeal was not effectively taken where appeal was filed simultaneously with timely motion for reconsideration because when timely motion for reconsideration is filed a notice of appeal filed prior to disposition of the motion to reconsider has no effect E. holding that it was unfairly prejudicial and an error to adjudicate a motion for attorney fees filed after the deadline for filing a notice of appeal had passed

assistant: The best answer is E. holding that it was unfairly prejudicial and an error to adjudicate a motion for attorney fees filed after the deadline for filing a notice of appeal had passed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by Seller of this Agreement and the documents to be delivered hereunder, and the consummation of the transactions contemplated hereby, do not and will not: (a) violate or conflict with the articles of organization or certificate of formation (as applicable), LLC agreement or other organizational documents of Seller; (b) violate or conflict with any judgment, order, decree, statute, law, ordinance, rule or regulation applicable to Seller; (c) conflict with, or result in (with or without notice or lapse of time or both) any violation of, or default under, or give rise to a right of termination, acceleration or modification of any obligation or loss of any benefit under any contract or other instrument to which Seller is a party; or (d) result in the creation or imposition of any Encumbrance on the Membership Interests or the Sliver Interests.

assistant: Consents
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 relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of this Agreement will govern all services undertaken by Consultant for Company.

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: Owens, 41 Va.App. at 859, 589 S.E.2d at 496 (citation omitted)). “If the court determines from the evidence that imputation of income to a parent is justified, the award is ‘calculated by adding ... a just and appropriate amount [to] the amount reflected in Code § 20-108.2,’ accompanied by the requisite written findings.” Brooks, 18 Va.App. at 592, 445 S.E.2d at 729 (alteration in original) (quoting Richardson, 12 Va.App. at 19, 401 S.E.2d at 895). C. The Trial Court Erred in Failing to Consider Imputed Income Here, the court determined the presumptive child support amount using zero as father’s current income while incarcerated. The court further found that father’s incarceration constituted voluntary unemployment. See Layman v. Layman, 25 Va.App. 365, 368, 488 S.E.2d 658, 659 (1997) (<HOLDING>). These factual findings are not disputed on Options: A. holding that a guilty plea must be both knowing and voluntary and must be a voluntary and intelligent choice among the alternative courses of action available to a defendant B. holding the plain legal prejudice test applies to voluntary dismissal under the code C. holding that such factors may constitute a substantial burden D. holding that a parents incarceration may be found to constitute voluntary unemployment under code 201081b3 E. holding such intoxication to be voluntary

assistant: The best answer is D. holding that a parents incarceration may be found to constitute voluntary unemployment under code 201081b3