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: calculate the amount of income that should be imputed to father because of his voluntary unemployment. After considering the evidence and the factors, the court may add “ ‘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 20, 401 S.E.2d at 895), or the court may conclude that deviation from the presumptive guidelines is not appropriate in this case. III. CONCLUSION Because the court erred by not considering recent past earnings when deciding whether father’s voluntary unemployment should result in deviation from the presumptive guidelines, we reverse the court’s child support award a 5 S.E.2d 748, 753 (2008) (<HOLDING>); Reece v. Reece, 22 Va.App. 368, 376-77, 470 Options: A. holding that appellants complaint on appeal that the environment was coercive did not change the fact that he was not in custody when he voluntarily went to the police station was told several times he could leave and did leave after the interrogation B. holding that father being held in jail based on presumption of ability to comply could not have been incarcerated for civil contempt of child support order after failing to appear at contempt hearing without affirmative finding based on evidence that he had present ability to pay purge amount C. holding that custody decision based on race is not justified D. holding the trial court made sufficient findings where it found in summary that father was physically able to make the required payments by virtue of his ability to work and earn income that he had the present financial ability to work and earn income that he had the present financial ability to satisfy his arrearage or to obtain the means by which said arrearage could be satisfied and that father failed to present adequate facts to excuse his noncompliance and inability to comply E. holding that a father was not voluntarily underemployed when he based his employment decision on ability to maintain custody arrangements

assistant: The best answer is E. holding that a father was not voluntarily underemployed when he based his employment decision on ability to maintain custody arrangements
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: records would show on their face that his sentence was adversely affected by the application of the 1995 guidelines because the sentence imposed could not have been imposed under the 1994 guidelines without a departure. See, e.g., Davis v. State, 765 So.2d 258 (Fla. 5th DCA 2000) (<HOLDING>). Therefore, we affirm the trial court’s order Options: A. holding that motion raising heggs claim was insufficient because it failed to allege sentence imposed could not have been imposed under 1994 guidelines B. recognizing that a criminal prosecution is not complete until a sentence has been imposed C. holding that defendant should be resentenced where district court imposed a sentence under an erroneously calculated guidelines range even where the sentence imposed fell within the correct range D. holding statutory booker error was not harmless where district court imposed sentence in middle of guidelines range and there were no statements in the record reflecting that the court would have imposed the same or greater sentence under advisory guidelines E. holding that defendant entitled to resentencing if the sentence imposed under the unconstitutional 1995 sentencing guidelines would constitute an impermissible departure sentence under the 1994 guidelines

assistant: The best answer is A. holding that motion raising heggs claim was insufficient because it failed to allege sentence imposed could not have been imposed under 1994 guidelines
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: Importer shall not issue press releases or similar public disclosures of any nature regarding this Agreement without SPIL ’ s prior written approval . However, such approval shall be deemed to have been given solely to the extent such disclosure is required to comply with requirements of a Governmental Authority.

assistant: Publicity
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 hesitate to answer questions at any time.” The trial court made extensive findings of fact in accord with this evidence. Defendant did not except to any of these findings. Id. The Court then held that “[f]rom these findings the trial court correctly concluded that the statement ‘was made freely, voluntarily, understanding [sic] and knowingly ....’” Id. at 20, 277 S.E.2d at 529. The Court concluded, therefore, that the trial court properly admitted the defendant’s incriminating statements. In this case, the trial court made comparable findings based on similar evidence. Under McCoy, therefore, the trial court’s findings in this case support its conclusion that defendant’s three statements were voluntary and admissible. See also State v. McKoy, 323 N.C. 1, 17, 372 S.E.2d 12, 20 (1988) (<HOLDING>), vacated on other grounds, 494 U.S. 433, 108 Options: A. holding that trial court did not err B. holding that even though defendant began to display physical signs of withdrawal his waiver was voluntary because he remained coherent and responsive was aware of what was going on and told the agents that he was able to continue with questioning C. holding that district court did not err in admitting defendants prior conviction during governments caseinchief to rebut defendants expected defense announced in opening statements that he was not involved in the offense D. holding that trial court did not err in admitting statements made two hours after defendants blood alcohol level was 026 when trial court found that during questioning the defendant was coherent and that his answers were extremely reasonable responsive and appropriate E. holding that a defendants statement made outside of police custody was voluntary because he was awake and relatively coherent during the questioning despite painful injuries

assistant: The best answer is D. holding that trial court did not err in admitting statements made two hours after defendants blood alcohol level was 026 when trial court found that during questioning the defendant was coherent and that his answers were extremely reasonable responsive and appropriate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that benefits under this Agreement are not paid to the Executive (or to his Beneficiary in the case of the Executive's death) and such claimant feels he is entitled to receive such benefits, then a written claim must be made to the Administrator within 60 days from the date payments are refused. The Administrator shall review the written claim and, if the claim is denied, in whole or in part, it shall provide in writing, within 90 days of receipt of such claim, its specific reasons for such denial, reference to the provisions of this Agreement upon which the denial is based, and any additional material or information necessary to perfect the claim. Such writing by the Administrator shall further indicate the additional steps which must be undertaken by claimant if an additional review of the claim denial is desired.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All corporate actions on the part of Purchaser, its officers, directors and stockholders necessary for the authorization, execution and delivery of the Transaction Documents have been taken. Purchaser has the requisite corporate power to enter into the Transaction Documents and to carry out and perform its obligations thereunder. The Transaction Documents, when executed and delivered by Purchaser, shall be duly authorized, executed and delivered and, upon due execution and delivery by the Company. Each Transaction Document will be a valid and binding agreement of Purchaser, except as enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors' rights generally or by equitable principles.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the workers’ compensation context. In a statutory workers’ compensation scheme, there are generally three types of governmental assessments that can be made upon employers: premiums for a state-run insurance fund, direct assessments upon employers by a state fund, and reimbursement claims for monies paid to an injured employee. See, e.g., In re Payne, 27 B.R. 809, 815 (Bankr.D.Kan.1983) (distinguishing the various types of governmental assessments in workers’ compensation statutes). “[T]he prevailing rule is that a direct assessment against an employer is an excise tax in bankruptcy.” Id. at 815 (citing In re Pan American Paper Mills, Inc., 618 F.2d 159 (1st Cir.1980)); see also In re Chateaugay Corp., 153 B.R. 632, 639 (Bankr.S.D.N.Y.1993). In determining Bankr.W.D.Okla.1996) (<HOLDING>). Also applying Lorber, the following courts Options: A. holding reimbursement claims were excise taxes under the lorber test without addressing the bankruptcy codes central policy of equal distribution B. holding that ohios reimbursement claims met the lorber criteria but were not excise taxes because they were not universally applicable to similarly situated entities and in addition disadvantaged private creditors with like claims C. holding that reimbursement claims were excise taxes under lorber D. holding that oklahomas reimbursement claims met the lorber and feiring definitions of a tax but were not taxes under the anderson definition because they were not assessed at a fixed rate E. holding that michigan reimbursement claims were excise taxes under both lorber and suburban ii

assistant: The best answer is D. holding that oklahomas reimbursement claims met the lorber and feiring definitions of a tax but were not taxes under the anderson definition because they were not assessed at a fixed 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 execution, delivery and performance of the Transaction Agreements by the Company and the Shareholder, as the case may be, and the consummation by the Company and the Shareholder of the transactions contemplated hereby and thereby do not and will not (i) conflict with or violate any provision of the Organizational Documents; (ii) to the knowledge of Shareholder, conflict with, or constitute a default (or an event which with notice or lapse of time, or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time, or both) of, any agreement, credit facility, indenture or instrument (evidencing a debt or otherwise) to which the Company or the Shareholder is a party or by which any property or asset of the Company or the Shareholder is bound or affected; or (iii) to the knowledge of Shareholder, result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or the Shareholder is subject (including federal and state securities laws and regulations), except in the case of each of clauses (ii) and (iii), as could not, individually or in the aggregate, reasonably be expected to have or result in a Company Material Adverse Effect. To the knowledge of Shareholder, the business of the Company is not being conducted in violation of any law, ordinance or regulation of any governmental authority, except for violations which, individually or in the aggregate, could not reasonably be expected to have or result in a Company Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Board may, from time to time, alter, amend, suspend or terminate the Plan as it shall deem advisable, subject to any requirement for stockholder approval imposed by Applicable Law; provided that the Board may not amend the Plan in any manner that would result in noncompliance with Rule 16b-3 of the Exchange Act; and further provided that the Board may not, without the approval of the Company’s stockholders, amend the Plan to (a) increase the number of Shares that may be the subject of Awards under the Plan (except for adjustments pursuant to Section 12.2), (b) expand the types of awards available under the Plan, (c) materially expand the class of persons eligible to participate in the Plan, (d) amend any provision of Section 5.3, (e) increase the maximum permissible term of any Option specified by Section 5.4, or (f) amend any provision of Section 3.2. In addition, no amendments to, or termination of, the Plan (other than by reason of the failure of stockholders to approve the Plan in the manner set forth in Section 13.12) shall in any way impair the rights of a Participant under any Award previously granted without such Participant’s consent.

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: committee established by one or more state or local professional societies or institutes, to gather and review information relating to the care and treatment of patients for the purposes of (i) evaluating and improving the quality of health care rendered; (ii) reducing morbidity or mortality; or (iii) establishing and enforcing guidelines designed to keep within reasonable bounds the cost of health care ... [, 4] any hospital board committee, or organization reviewing the professional qualifications or activities of its medical staff or applicants for admission thereto, and [5] any professional standards review organizations established or required under state or federal statutes or regulations.” In Daily Gazette Co., Inc. v. W. Va. Bd. of Medicine, 177 W.Va. 316, 352 S.E.2d 66 (1986) (<HOLDING>), we accorded “confidentiality to the peer Options: A. holding that the state privilege should not apply when the peer review records sought directly related to the allegations challenging the peer review process B. holding that draft pleadings are not subject to public records disclosure C. holding that the public records act does not mandate disclosure of records protected by tennessee rule of criminal procedure 16 D. holding that public disclosure is permitted when the records of a peer review committee are utilized by the west virginia board of medicine E. holding that physicians claim against peer review committee satisfied the interstate commerce jurisdictional requirements of the sherman act

assistant: The best answer is D. holding that public disclosure is permitted when the records of a peer review committee are utilized by the west virginia board of medicine
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 circumstances attending claimant's departure from his job as bank teller, and the reference to his drinking on the job, what evidence there is on this issue suggests that claimant did occasionally decompensate in the work setting. 8 . These are: Organic mental disorders (§ 12.-02); Depressive syndrome (§ 12.04); Anxiety disorders (§ 12.06); Personality disorders (§ 12.08); Peripheral neuropathies (§ 11.14); Liver damage (§ 5.05); Pancreatitis (§ 5.08); and Seizures (§ 11.02 or 11.03). Proof that alcoholism, or any substance addiction disorder, has resulted in conditions that meet or equal any of these listings will establish that the substance addiction disorder is disabling at step three of the sequential evaluation process. But see In re Petition of Sullivan, 904 F.2d at 844-846 (<HOLDING>). 9 . In response to questioning by the AU, Dr. Options: A. holding that title automatically vests in the adverse possessor at the end of the statutory period if all the requirements are met B. holding that once one severe impairment is found the combined effect of all impairments must be considered even if other impairments would not be severe C. holding that only the severity requirements of the crossreferenced mental impairments must be met while all of the requirements for the crossreferenced physical impairments must be met to prove alcoholism disabling at step three D. holding that the plaintiffs had not offered sufficient evidence that their claims met the requirements of rule 23a E. holding that all five elements of 547b must be met

assistant: The best answer is C. holding that only the severity requirements of the crossreferenced mental impairments must be met while all of the requirements for the crossreferenced physical impairments must be met to prove alcoholism disabling at step three
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 full and entire understanding and agreement between the parties with respect to the subject hereof and supersede all prior agreements and understandings, whether written or oral, among the parties with respect thereto and shall specifically supersede that certain Change in Control Agreement, dated April 2, 2012 between Company and Executive.

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: In the event of (i) any dividend (other than regular cash dividends) or other distribution (whether in the form of cash, shares of Common Stock, other securities or other property), recapitalization, stock split, reverse stock split, reorganization, merger, consolidation, split-up, split-off, spin-off, combination, repurchase or exchange of shares of Common Stock or other securities of the Company, issuance of warrants or other rights to acquire shares of Common Stock or other securities of the Company, or other similar corporate transaction or event that affects the shares of Common Stock (including a Change in Control); or (ii) unusual or nonrecurring events affecting the Company, including changes in applicable rules, rulings, regulations or other requirements, that the Committee determines, in its sole discretion, could result in substantial dilution or enlargement of the rights intended to be granted to, or available for, Participants (any event in (i) or (ii), an “ Adjustment Event ”), the Committee shall, in respect of any such Adjustment Event, make such proportionate substitution or adjustment, if any, as it deems equitable, to any or all of (A) the Absolute Share Limit, or any other limit applicable under the Plan with respect to the number of Awards which may be granted hereunder; (B) the number of shares of Common Stock or other securities of the Company (or number and kind of other securities or other property) which may be issued in respect of Awards or with respect to which Awards may be granted under the Plan or any Sub-Plan; and (C) the terms of any outstanding Award, including, without limitation, (I) the number of shares of Common Stock or other securities of the Company (or number and kind of other securities or other property) subject to outstanding Awards or to which outstanding Awards relate; (II) the Exercise Price or Strike Price with respect to any Award; or (III) any applicable performance measures (including, without limitation, Performance Criteria and Performance Goals); provided , that in the case of any “equity restructuring” (within the meaning of the Financial Accounting Standards Board Accounting Standards Codification Topic 718 (or any successor pronouncement thereto)), the Committee shall make an equitable or proportionate adjustment to outstanding Awards to reflect such equity restructuring.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All computations of interest and of fees shall be made by the Agent on the basis of a year of 360 days, in each case for the actual number of days (including the first day but excluding the last day) occurring in the period for which such interest and fees are payable. Each determination of an interest rate or the amount of a fee hereunder shall be made by the Agent and shall be conclusive, binding and final for all purposes, absent manifest error.

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: The Borrower, its Subsidiaries and each ERISA Affiliate have complied in all material respects with ERISA and, where applicable, the Code regarding each Pension or Welfare Plan. During the twelve-consecutive-month period prior to the Effective Date and prior to the date of any Revolving Credit Extension hereunder, no steps have been taken to terminate any Pension Plan, and no contribution failure has occurred with respect to any Pension Plan sufficient to give rise to a Lien under Section 302(f) of ERISA. No condition exists or event or transaction has occurred with respect to any Pension Plan that might result in the incurrence by the Borrower or any member of the Controlled Group of any material liability, fine or penalty. Except as disclosed in Item 6.11 of the Disclosure Schedule, neither the Borrower nor any member of the Controlled Group has any contingent liability with respect to any post-retirement benefit under a Welfare Plan, other than liability for continuation coverage described in Part 6 of Title I of ERISA.

assistant: Erisa
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: if you are a resident of the united states , these terms of service and any dispute arising out of or related to it or privacy policy or the service shall be governed in all respects by california law , without regard to conflict of law provisions .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: even if counsel’s performance had fallen below an objective standard of reasonableness, Strickland’s prejudice prong would not be satisfied. As discussed earlier, the evidence against Sheron was very strong. Even with the deficiencies alleged by Sheron, there is not a “reasonable probability” that the end result would have been different. Strickland, 466 U.S. at 694, 104 S.Ct. 2052. Accordingly, the Petitioner’s claims of ineffective assistance at trial are denied. 2. As to the Sufficiency of the Evidence for Depraved Indifference Murder Under the Due Process Clause of the of the Fourteenth Amendment and relevant Supreme Court law, proof beyond a reasonable doubt is required to convict a defendant of a crime. Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (<HOLDING>); In re Winship, 397 U.S. 358, 362, 90 S.Ct. Options: A. holding that beyond reasonable doubt standard not required in termination cases B. holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution C. holding that conviction of a crime requires proof beyond a reasonable doubt of every fact necessary to constitute the crime D. holding that clear and convincing evidence rather than proof beyond a reasonable doubt is required to impose sanctions in disciplinary proceedings E. holding that failure of trial court to instruct jury that state must prove beyond reasonable doubt killing was not committed in heat of passion required reversal of murder conviction even though there was general charge that state was required to prove each element of offenses beyond reasonable doubt

assistant: The best answer is B. holding that proof of a criminal charge beyond a reasonable doubt is required by the constitution
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 may not use or otherwise export the service or any evernote software except as authorized by united states ( `` u.s. '' ) law and the laws of the jurisdiction in which the service is hosted or where you use the service .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from prudential limitations on standing. For the reasons that follow, I conclude that Congress has demonstrated no such intent and that the language of Title III therefore erects a prudential barrier preventing ERC from establishing organizational standing. Federal courts are in agreement that the language of Titles I and II of the ADA, which grant a remedy to “any person alleging discrimination on the basis of disability,” signifies a “congressional intention to define standing to bring a private action ... as broadly as is permitted by Article III of the Constitution,” thereby eliminating prudential standing limitations. Innovative Health Sys., Inc. v. City of White Plains, 117 F.3d 37, 47 (2d Cir.1997); see also A Helping Hand, LLC v. Balt. Cnty., 515 F.3d 356, 363 (4th Cir.2008) (<HOLDING>); AvalonBay, 2009 WL 1153397, at *7, 2009 U.S. Options: A. holding that prudential limitations on standing do not apply to title ii ada claims B. holding that title ii does not apply to the states C. holding that georgias statute of limitations for personal injury actions should be applied to discrimination claims brought under the rehabilitation act and title ii of the ada D. holding that title ii of the ada was a valid use of congress power under section 5 of the fourteenth amendment E. holding that title ii of the ada is not applicable to the federal government

assistant: The best answer is A. holding that prudential limitations on standing do not apply to title ii ada 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: The Participant may be required to pay to the Company or any Affiliate and the Company shall have the right and is hereby authorized to withhold any applicable withholding taxes in respect of the Option, its exercise or transfer and to take such other action as may be necessary in the opinion of the Committee to satisfy all obligations for the payment of such withholding taxes.

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 case excerpt and choose the best holding from the options. Case excerpt: has not identified any independent due process right to have the jury correctly instructed on all lesser-included offenses. The Ninth Circuit has long rejected this type of habeas claim in non- capital cases, because the United States Supreme Court has expressly left this issue undecided. See Solis v. Garcia, 219 F.3d 922, 928 (9th Cir. 2000). Even assuming such a claim existed, the California Court of Appeal found no error in the disputed instructions. People v. Luis, B240741, 2013 WL 4223695, at *11 (Cal. Ct. App. Aug. 13, 2013). Moreover, the California Court of Appeal determined that any error was harmless beyond a reasonable doubt. Id. Luis has not demonstrated that these conclusions were unreasonable. See Davis v. Ayala, — U.S. —, 135 S.Ct. 2187, 2198-99, 192 L.Ed.2d 323 (2015) (<HOLDING>). AFFIRMED. ** This disposition is not Options: A. holding that beyond reasonable doubt standard not required in termination cases B. holding that one of our prior panel precedents about when criminal filing deadlines are jurisdictional was abrogated by bowles v russell 551 us 205 127 sct 2360 168 led2d 96 2007 even though bowles dealt with civil filing deadlines C. holding that harmless beyond a reasonable doubt analysis not applicable in habeas cases D. holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt E. holding that where a state court applies the harmless beyond a reasonable doubt standard a federal court may not award habeas relief under 2254 unless the harmlessness determination itself was unreasonable emphasis in original quoting fry v pliler 551 us 112 119 127 sct 2321 168 led2d 16 2007

assistant: The best answer is E. holding that where a state court applies the harmless beyond a reasonable doubt standard a federal court may not award habeas relief under 2254 unless the harmlessness determination itself was unreasonable emphasis in original quoting fry v pliler 551 us 112 119 127 sct 2321 168 led2d 16 2007
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 Eligible Employees are eligible to defer Bonuses under the Plan. Eligible Employees are eligible to defer Base Pay under the Plan so long as their Base Pay, as of the first day of October preceding the calendar year within which the deferral is to be made, is equal to or in excess of the sum of (1) the amount defined in Code section 401(a)(l7), which is in effect on January 1 of the calendar year to which the deferral election pertains, as adjusted by the Secretary of the Treasury under Code section 415(d), plus (2) $6,000.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for (a) any matter fully covered as to subject matter and amount (subject to applicable deductibles and retentions) by insurance for which the insurance carrier has not asserted lack of subject matter coverage or reserved its right to do so, (b) any matter, or series of related matters, involving a claim against Borrower or any of its Restricted Subsidiaries of less than $25,000,000, (c) matters of an administrative nature not involving a claim or charge against Borrower or any of its Restricted Subsidiaries and (d) matters set forth in Schedule 4.10 , there are no actions, suits, proceedings or investigations pending as to which Borrower or any of its Restricted Subsidiaries have been served or have received notice against or affecting Borrower or any of its Restricted Subsidiaries or any Property of any of them before any Governmental Agency which could reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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: “undermine” the prior appellate affirmance of standing. Pub. Interest Research Grp. of N.J., Inc. v. Magnesium Elektron, Inc., 123 F.3d 111, 117 (3d Cir.1997). And, we see no clear error in the previous decision on standing that would warrant an extraordinary review at this stage. Indeed, on the merits, this is an easy question. We review de novo the district court’s determination of a party’s standing, while reviewing any factual findings relevant to that determination for clear error. SanDisk Corp. v. STMicroelectronics, Inc., 480 F.3d 1372, 1377 (Fed.Cir.2007). Gore’s argument hinges on the absence of a written instrument transfer ring to BPV what it contends was the virtual assignment from Goldfarb to Bard Inc. See Speedplay, Inc. v. Bebop, Inc., 211 F.3d 1245, 1250 (Fed.Cir.2000) (<HOLDING>); 35 U.S.C. § 261 (“Applications for patent, Options: A. holding that an exclusive license granting the licensor a reversionary interest in the patent in the event of the licensees bankruptcy was a grant of all substantial rights such that the licensee could sue for patent infringement B. holding in a patent infringement case that plaintiff lacked standing where it held a conditional right to license a patent and enforce license agreements but did not have the right to transfer the patent C. holding that employers have standing to sue D. holding that a written instrument was needed to document the transfer of proprietary rights to support standing to sue for patent infringement E. holding that knowledge of the patent is required for willful infringement

assistant: The best answer is D. holding that a written instrument was needed to document the transfer of proprietary rights to support standing to sue for patent infringement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrowers agrees that, as between the Borrowers, in their capacity as co-obligors with joint and several liability, and the Lenders, the obligations of either Borrower under this Agreement may be declared to be forthwith due and payable as provided in Article VII hereof (and shall be deemed to have become automatically due and payable in the circumstances provided in said Article VII) for purposes of Section 10.01 hereof notwithstanding any stay, injunction or other prohibition preventing such declaration (or preventing such obligations from becoming automatically due and payable) as against either Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by such Borrower) shall forthwith become due and payable by the other Borrower, in its capacity as co-obligor, for purposes of such Section 10.01.

assistant: Remedies
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: There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any member of the Restricted Group, or against any of their properties or revenues that, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

assistant: Litigations
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 any claims or disputes arising out of or related hereto or to the transactions contemplated hereby or to the inducement of any Party to enter herein, whether for breach of contract, tortious conduct, or otherwise and whether predicated on common law, statute, or otherwise) shall be governed by and construed and interpreted in accordance with the Laws of the State of Delaware, irrespective of the choice of laws principles of the State of Delaware, including all matters of validity, construction, effect, enforceability, performance, and remedies.

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: sentenced the defendant to eight years on one count of rape, ten years on the other count of rape, four years on one count of incest, and five years each on the other two counts of incest. The trial court ordered the eight year rape sentence and the four year incest sentence to be served concurrently. In addition, the trial court ordered the ten year rape sentence and both five year incest sentences to be served concurrently with each other, but consecutive to the other two counts. The effective term of imprisonment was eighteen years in the Department of the defense, the trial court mentioned to both parties the opinion of this Court in the case of State v. John Rickman, C.C.A. No. 03C01-9211-CR-00393, 1993 WL 171706 Bradley County (Tenn.Crim.App. filed May 18,1993, at Knoxville) (<HOLDING>), which was subsequently overruled by our Options: A. holding evidence of past uncharged sexual encounters admissible in child sexual abuse case to show relationship between defendant and alleged victim B. holding that evidence of uncharged incest with the same victim is admissible to illustrate the relationship existing between the defendant and the victim C. holding that evidence of prior uncharged sexual conduct with the victim is admissible to corroborate the victims testimony D. holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment E. holding that prior uncharged sexual conduct between the defendant and the victim is admissible to show their state of intimacy as well as to explain the circumstances surrounding the offense

assistant: The best answer is C. holding that evidence of prior uncharged sexual conduct with the victim is admissible to corroborate the victims testimony
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 Indebtedness set forth on Schedule III attached hereto, neither the Guarantor nor any of its Subsidiaries is in default under or with respect to any agreement, instrument or undertaking to which it is a party or by which it is bound in any respect which could reasonably be expected to have a Material Adverse Effect. No Series 2003-1 Early Amortization Event, Potential Series 2003-1 Early Amortization Event, Event of Default or Default has occurred and is continuing.

assistant: No Defaults
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: Purchaser is a limited liability company, duly organized, validly existing and in good standing under the laws of Delaware. This Agreement and all documents executed by Purchaser which are to be delivered to Seller at Closing (the " Purchaser Closing Documents " ) have been or will be on the Closing Date duly authorized, executed and delivered by Purchaser, are the legal, valid and binding obligation of Purchaser enforceable against Purchaser in accordance with their respective terms, and do not violate any provision of any agreement or judicial order to which Purchaser is a party or to which Purchaser is subject. All documents to be executed by Purchaser which are to be delivered at Closing will, at the time of Closing, be duly authorized, executed and delivered by Purchaser, be legal, valid and binding obligations of Purchaser, and will not violate any provision of any agreement or judicial order to which Purchaser is a party or to which Purchaser is subject. Neither the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated hereby is prohibited by, or requires Purchaser to obtain any consent, authorization, approval or registration from any other person or entity or under any law, statute, rule, regulation, judgment, order, writ, injunction or decree which is binding upon Purchaser.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for Paragraph 15, Company and Employee intend for all of the provisions of this Agreement to be severable. If any part of this Agreement, other than Paragraph 15, is found to be unlawful or unenforceable, Company and Employee want every other part of this Agreement to remain fully valid and enforceable to the maximum extent permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties will consult with each other with a view to enable the Chief Business Officer and General Counsel to have a reasonable number of days of paid vacation each year, preferably during the school holidays in Belgium, and in any case, not less than four (4) weeks during each twelve (12) month of the Term, during which period his Compensation shall be paid in full. Upon the Chief Business Officer and General Counsel’s termination of consultancy for any reason whatsoever, he shall be entitled to payment for a maximum of 20 accrued but unused vacation days.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed on Schedule 5.1(c)-1 , as of the Agreement Date, no Borrower Party or any Subsidiary of a Borrower Party has any Subsidiaries, which Subsidiaries are identified on such Schedule as Domestic Subsidiaries or Foreign Subsidiaries. As of the Agreement Date, no Borrower Party or any Subsidiary of a Borrower Party is a partner or joint venturer in any partnership or joint venture other than (i) the Subsidiaries listed on Schedule 5.1(c)-1 and (ii) the partnerships and joint ventures (that are not Subsidiaries) listed on Schedule 5.1(c)-2 . Schedule 5.1(c)-1 and Schedule 5.1(c)-2 set forth, for each Person set forth thereon, a complete and accurate statement of (i) the percentage ownership of each such Person by the applicable Borrower Party or Subsidiary of a Borrower Party as of the Agreement Date, (ii) the state or other jurisdiction of incorporation or formation, as appropriate, of each such Person as of the Agreement Date, (iii) each state in which each such Person is qualified to do business on the Agreement Date and (iv) all of each such Person’s trade names, trade styles, “ doing business as ” or fictitious names which such Person has used or under which such Person has transacted business during the five (5) year period immediately preceding the Agreement Date.

assistant: Subsidiaries
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: and the district court will be ordered to enter a judgment of acquittal on both of those counts on remand. 1 . Inasmuch as we are vacating each of the defendants’ convictions on Counts 2 through 13, and Inge’s convictions on two counts, we need not address the claims of error that pertain to sentencing. We will, however, address certain evidentiary rulings that are challenged in this appeal as the same issues may again arise if the Defendants are retried on the tax evasion charges. 2 . The Donatos were charged in Counts 14 through 17 and McKee in Counts 18 through 21. 3 . Courts of Appeals are split on whether a constructive amendment to an indictment are per se reversible error under plain error review. Compare United States v. Floresca, 38 F.3d 706, 712-13 (4th Cir.1994) (en banc) (<HOLDING>) with United States v. Fletcher, 121 F.3d 187, Options: A. holding that it is per se reversible error to prohibit adverse inference questioning of the venire B. holding the erroneous deprivation of the right to counsel constitutes per se reversible error C. holding trial errors are subject to a harmless error analysis D. holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis E. holding that per se statutory rule is not permissible under fourth amendment

assistant: The best answer is D. holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis
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 to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee of $4,500 for each assignment (which fee the Administrative Agent may, in its sole discretion, elect to waive), and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire. If requested by the transferor Lender or the assignee, upon the consummation of any assignment, the transferor Lender, the Administrative Agent and the Borrower shall make appropriate arrangements so that new Notes are issued to the assignee and such transferor Lender, as appropriate, and such transferor Lender shall promptly return any existing Notes held by such Lender to the Borrower (or, if lost, destroyed or mutilated, if requested by the Borrower a lost note affidavit including a customary indemnity).

assistant: Assignments