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: receipt of a NOCI concerning this Power-Seller, eBay failed to immediately remove the listings. 25 . With respect to some of the entries, the probative value of the chart is limited because it is not possible to discern how long it took eBay to respond to the listings and over what period the sellers were selling potentially infringing listings. Seventeen of the entries also appear to count a seller as having "reappeared” even though the seller's second set of potentially infringing listings were reported on the same date as the first. {Id.; Tr. 161:6— 9.) Moreover, twenty of the entries fail to indicate the date on which Tiffany reported the seller. {Id.) 26 . The statute provides, in pertinent part, that: Any person who shall, without the consent of the reg 796, 806 (9th Cir.2002) (<HOLDING>). The Court need not choose between these two Options: A. holding that the nominative fair use factors replace the traditional sleekcraft factors for likelihood of confusion where nominative fair use is at issue B. holding that an assertion of nominative use gives rise to a modified likelihood of confusion analysis C. recognizing the underlying principles of nominative fair use D. holding that nominative fair use is an affirmative defense to a prima facie case of likelihood of confusion similar to the fair use defense E. holding that even several isolated incidents of actual confusion are insufficient to support a finding of likelihood of confusion

assistant: The best answer is B. holding that an assertion of nominative use gives rise to a modified likelihood of confusion 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 case excerpt and choose the best holding from the options. Case excerpt: allegations are effectively restricted by the charge’s application of the law to the facts, which limits the jury’s deliberations to the allegations in the indictment supported by evidence. Id.; see also Sandig v. State, 580 S.W.2d 584, 586 (Tex.Crim.App.1979). The Court of Criminal Appeals has evaluated cases on this issue and explained: Superfluous abstractions, those not necessary to an understanding of concepts or terms contained in the application paragraph, are generally innocuous. Reversible error only occurs in the giving of an abstract instruction when the instruction is an incorrect or misleading statement of a law which the jury must understand in order to implement the commands of the application paragraph .... The inclusion of a merely su rkana 2012, pet. ref d) (<HOLDING>); Trevino v. State, 440 S.W.3d 722 Options: A. holding that any error was harmless and thus not plain error B. holding that the trial courts definition of normal use was harmless error C. holding that even though trial courts definition of female genitalia was a comment on evidence and invaded province of jury the error was harmless D. holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed E. holding exclusion was harmless error

assistant: The best answer is B. holding that the trial courts definition of normal use was harmless error
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: death.... ” Propstra v. United States, 680 F.2d 1248, 1250 (9th Cir.1982). The federal estate tax is imposed on the decedent’s taxable estate. 26 U.S.C. §§ 2001(a), 2053(a). The taxable estate is determined by reducing the gross estate by deductions allowable under the Internal Revenue Code. 26 U.S.C. § 2053(a). Claims against the estate are one type of deduction allowable under the Internal Revenue Code. 26 U.S.C. § 2053(a)(3). Claims against the estate are “personal obligations of the decedent existing at the time of his death, whether or not then matured, and interest thereon which had accrued at the time of death.” Treas. Reg. § 20.2053-4. Only claims that are “enforceable against the decedent’s estate may be deducted.” Id.; see Estate of Du-Val v. Comm’r, 4 T.C. 722, 725 (1945) (<HOLDING>), aff'd, 152 F.2d 103 (9th Cir.1945). Tax obli Options: A. holding that there is no constitutional right to appeal a criminal conviction B. holding that it is well settled that there is no constitutional right to an appeal C. holding that there is no due process right to appellate review D. recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct E. holding that there is no federal or colorado constitutional right to postconviction counsel but there is a limited statutory right

assistant: The best answer is D. recognizing that a claim is an assertion of a right and if there is no assertion of a right there is no claim to deduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that a violation by Executive of any of the covenants contained in Sections 5, 6, 7, 8 or 9 would cause irreparable damage to the Company in an amount that would be material but not readily ascertainable, and that any remedy at law (including the payment of damages) would be inadequate. Accordingly, Executive agrees that, notwithstanding any provision of Sections 5, 6, 7, 8 or 9 to the contrary, the Company shall be entitled (without the necessity of showing economic loss or other actual damage and without the requirement to post bond) to injunctive relief (including temporary restraining orders, preliminary injunctions and/or permanent injunctions) in any court of competent jurisdiction for any actual or threatened breach of any of the covenants set forth in Sections 5, 6, 7, 8 or 9 in addition to any other legal or equitable remedies it may have. The preceding sentence shall not be construed as a waiver of the rights that the Company may have for damages under Sections 5, 6, 7, 8 or 9 or otherwise, and all of the Company’s rights shall be unrestricted, and notwithstanding the fact that any such provision may be determined not to be subject to specific performance, the Company will nevertheless be entitled to seek to recover monetary damages as a result of Executive’s breach of such provision.

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 case excerpt and choose the best holding from the options. Case excerpt: purchasers for value. A. Voidable Title We first determine whether Conley had voidable title to the Truck. We noted in McDonald's Chevrolet, Inc. v. Johnson, 176 Ind.App. 399, 403, 376 N.E.2d 106, 109 (1978), that the UCC does not define "voidable title." However, we have held that Ind.Code § 26-1-2-408 is consistent with Indiana's common law, which provided that "legal title passes to a defrauding buyer. This title is not void; it is voidable, which means that when title gets into the hands of a bona fide purchaser for value then he will prevail over the defrauded seller." Mowan v. Anweiler, 454 N.E.2d 436, 438 (Ind.Ct.App.1983). Thus, a "defrauding buyer" obtains voidable title. However, a thief obtains void title Seq, eg., McDonald's Chevrolet, 176 Ind.App. at 404, 376 N.E.2d at 109 (<HOLDING>). We addressed the defrauding buyer situation Options: A. holding that a renter who stole a motor home had void title not voidable title and could not convey good title B. holding that title insurer not in business of supplying information in issuing either title commitment or policy of title insurance for purposes of exception to moorman prohi bition against recovery of economic losses in tort further holding that contract defines title insurers liability C. holding that a title holder has the superior right to possession over one who holds no title D. holding that void deed is neither title nor color of title E. recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim

assistant: The best answer is A. holding that a renter who stole a motor home had void title not voidable title and could not convey good title
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: When a reference is made in this Agreement to an article, section, paragraph, clause, schedule, such reference shall be deemed to be to this Agreement unless otherwise indicated. The text of all schedules is incorporated herein by reference. Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” As used herein, words in the singular will be held to include the plural and vice versa (unless the context otherwise requires), words of one gender shall be held to include the other gender (or the neuter) as the context requires, and the terms “hereof”, “herein”, and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement.

assistant: Interpretations
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 (as defined in Section 3.1 ), Executive shall serve as President of the Well Construction, Intervention and Completion Services division of the Parent, or in such other position(s) as the Board or the Parent’s Chief Executive Officer shall determine. Executive shall comply with the policies of the Company Group as may be in effect from time to time for executive officers, including the Company Group’s policies regarding confidentiality, ownership of intellectual property, drug testing, trading in securities of the Parent, discrimination and harassment, and lawful and ethical conduct. Executive shall have such duties, authorities and responsibilities as the Board or the Parent’s Chief Executive Officer shall designate that are consistent with Executive’s position.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (3) the possibility the defense will be impaired. Barker, 407 U.S. at 532, 92 S.Ct. 2182. The most serious of these interests is the last one because the inability of the defense to prepare its case — due to the death or disappearance of a witness, for example — cuts to the heart of the fairness inherent in the system. Id. Reaves’ speedy trial clock began to run when he was apprehended in May of 2007 and ran at least until his first trial in August of 2010, nearly thirty-nine months later. This length of time is presumptively prejudicial and triggers the remaining Barker inquiry. See Pittman, 373 S.C. at 551, 647 S.E.2d at 156 (finding delay of three years and two months was sufficient to trigger analysis of other factors); State v. Waites, 270 S.C. 104, 108, 240 S.E.2d 651, 653 (1978) (<HOLDING>). The State asserts that the lengthy delay was Options: A. holding delay of two years and four months lengthy enough to warrant review of other factors B. holding that a 15month delay of which four months were unexplained was reasonable in a felony prosecution C. holding only two months of four year and eight month delay attributable to commonwealth where defendant fled and concealed his whereabouts for four years and six months D. holding that an eight and onehalf month delay was enough to warrant further inquiry E. holding that dismissal was required where overall length of prosecution was 16 months state was responsible for 13 months of delay and six months of that delay was due to simple neglect

assistant: The best answer is A. holding delay of two years and four months lengthy enough to warrant review of other factors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Notwithstanding the above, the party to whom Confidential Information was disclosed (the "RECIPIENT") shall not be in violation of this Section 3 with regard to a disclosure that was in response to a valid order by a court or other governmental body, provided that the Recipient provides the other party with prior written notice of such disclosure in order to permit the other party to seek confidential treatment of such information.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly set forth herein, this document embodies the complete agreement and understanding among the parties hereto with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements or representations by or among the parties, written or oral, which may have related to the subject matter hereof in any way, except that this Agreement shall not supersede the covenants and agreements set forth in Section 5.9 (Director and Officer Liability) of the Purchase Agreement, or in the Subscription Agreement which shall be incorporated herein by reference.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linden lab and other content providers may use the normal functionality of the service , including an applicable permissions system and the copy , modify , and transfer settings , to indicate how you may use , reproduce , distribute , prepare derivative works of , display , or perform their respective content solely through 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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon, and shall inure to the benefit of, the Parties named herein and their respective successors and permitted assigns. No Party may assign either this Agreement or any of his, her or its rights, interests, or obligations hereunder without the prior written approval of Buyer and Sellers’ Representative; provided that Buyer may assign this Agreement and/or its rights and obligations hereunder to any Affiliate or any lender without such approval, provided, however, Buyer shall remain contractually liable for any of its obligations hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Elec. Co., Inc., 80 Hawai'i 120, 123 n. 2, 906 P.2d 127, 130 n. 2 (1995) (affirming denial of workers [sic] compensation stress claim because injury arose out of worker’s suspension for misconduct, but noting that “[i]f an employer’s actions constitute unlawful discrimination ..., an injured employee may invoke rights in other forums. See, e.g., HRS §§ 378-2 and 378-32”). Id. at 18, 936. P.2d at 654 (emphasis added). Thus, the supreme court has recognized that an employee may bring an action against his or her employer for intentional infliction of emotional distress caused by discrimination in violation of HRS §§ 378-2, and that such an action is not barred by the exclusivity provision of HRS § 386-5. Cf. Hough v. Pacific Ins. Co., 83 Hawai'i 457, 465, 927 P.2d 858, 866 (1996) (<HOLDING>). Takaki asserted in his opposition memorandum Options: A. holding that under the common law a claim for personal injuries died with the victim B. holding that the plaintiff was not barred by hrs 3865 from seeking common law tort remedies against his insurer for injuries caused by the insurers outrageous and intentional denial of medical benefits and disability payments because such injuries were not work injuries within the scope of hrs chapter 386 C. holding that injuries covered by the act are not limited to external traumatic injuries D. holding that although claimant was aware of lung and hearing injuries caused by exposure to noise and pollution at work as early as 1970 his 1984 claim was not barred by the statute of limitations because his injuries resulted from ongoing exposure when he filed the claim E. holding hospital employees testimony regarding victims previous injuries was inadmissible under the common scheme or plan exception because there was no clear and convincing evidence defendant inflicted the injuries

assistant: The best answer is B. holding that the plaintiff was not barred by hrs 3865 from seeking common law tort remedies against his insurer for injuries caused by the insurers outrageous and intentional denial of medical benefits and disability payments because such injuries were not work injuries within the scope of hrs chapter 386
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 statutory scheme will thereby by effectuated”); Yollin v. Holland Am. Cruises, Inc., 97 A.D.2d 720, 468 N.Y.S.2d 873, 875 (N.Y.App.Div.1983) (citing American Pipe and holding that “the timely commencement of the action by plaintiff ... satisfied the purpose of the contractual limitation period as to all persons who might subsequently participate in the suit as members of a class”); Bergquist v. Int’l Realty, Ltd., 272 Or. 416, 537 P.2d 553, 561 (1975) (adopting the rule set forth in American Pipe); Mun. Auth. of Westmoreland County v. Moffat, 670 A.2d 747, 749 (Pa.Cmwlth.Ct.1996) (citing American Pipe and concluding that limitations was tolled “during the pendency of the class action”); Bara v. Major Funding Corp. Liquidating Trust, 876 S.W.2d 469, 472-73 (Tex.Ct.App.1994) (<HOLDING>); Am. Tierra Corp. v. City of W. Jordan, 840 Options: A. holding a suit against an agency of the state is a suit against the state B. holding that where state attorney general files suit on behalf of a specified group of individuals that suit qualifies as a de facto class action and the statute of limitations is tolled during the period in which the individuals are participants in the attorney generals suit C. holding that a prior suit and a subsequent suit between the same parties did not involve the same claim because the evidence necessary to sustain the subsequent suit was insufficient to entitle the plaintiff to relief in the prior suit D. holding attorney general could not contract on behalf of the state to employ an assistant attorney beyond the attorney generals own term E. holding that under florida law for the purposes of collateral estoppel an attorney is in privity with his or her client in a previous suit when the opposing party in that action brings a subsequent suit against the attorney based in the same facts

assistant: The best answer is B. holding that where state attorney general files suit on behalf of a specified group of individuals that suit qualifies as a de facto class action and the statute of limitations is tolled during the period in which the individuals are participants in the attorney generals suit
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 Borrower hereby indemnifies each of the Lenders against any loss or expense (including any loss or expense arising from the liquidation or reemployment of funds obtained by it to maintain a LIBOR Rate Loan or from fees payable to terminate the deposits from which such funds were obtained) which may arise or be attributable to each Lender’s obtaining, liquidating or employing deposits or other funds acquired to effect, fund or maintain any Loan (a) as a consequence of any failure by any Borrower to make any payment when due of any amount due hereunder in connection with a LIBOR Rate Loan, (b) due to any failure of any Borrower to borrow, continue or convert on a date specified therefor in a Notice of Borrowing or Notice of Conversion/Continuation or (c) due to any payment, prepayment or conversion of any LIBOR Rate Loan on a date other than the last day of the Interest Period therefor. The amount of such loss or expense shall be determined, in the applicable Lender’s sole discretion, based upon the assumption that such Lender funded its Commitment Percentage of the LIBOR Rate Loans in the London interbank market and using any reasonable attribution or averaging methods which such Lender deems appropriate and practical. A certificate of such Lender setting forth the basis for determining such amount or amounts necessary to compensate such Lender shall be forwarded to the Parent Borrower through the Administrative Agent and shall be conclusively presumed to be correct save for manifest error.

assistant: Indemnity
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: felony offense, the government had to prove by a preponderance of the evidence that the firearm aided the felonious conduct (internal quotation marks omitted)). This circuit has not yet interpreted U.S.S.G. § 2K2.1(b)(5) to determine at what point a defendant would know or have reason to believe that the transferee intended to use the transferred firearms unlawfully. But cases interpreting the pri- or version of § 2K2.1(b)(5), which required that the defendant have reason to believe that the firearms “would be used or possessed in connection with another felony offense,” support the district court’s application of the current version of § 2K2.1(b)(5) in the present case. See United States v. Cummings, No. 93-2037, 1994 WL 91825, at *2 (6th Cir. Mar. 22, 1994) (unpublished opinion) (<HOLDING>); see also United States v. Cutler, 36 F.3d Options: A. holding that the district court eired in applying the firearm enhancement where the government presented no evidence that the defendant possessed the gun or knew that the gun was located in the bottom of his codefendants backpack B. holding that evidence of the defendants connection to the guns suggests possession of the drugs found next to the guns C. holding a consent voluntary when a defendant who had been warned of his rights and knew police were investigating murders turned his gun over to a policeman who suggested that he could sell the gun for the defendant D. holding that the application of 2k21b5 was appropriate where the volume of cummings gun sales was significant handguns constituted the largest proportion of the weapons sold cummings knew his customers were criminals and his customers knew the guns were stolen E. holding that the defendant knew of his accomplices gun and benefitted from its presence for protection

assistant: The best answer is D. holding that the application of 2k21b5 was appropriate where the volume of cummings gun sales was significant handguns constituted the largest proportion of the weapons sold cummings knew his customers were criminals and his customers knew the guns were stolen
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EMPLOYEE agrees that for a period of twelve (12) months immediately following the Effective Date of this Agreement, EMPLOYEE will not directly or indirectly solicit any of the COMPANY’S employees to leave their employment at the COMPANY. EMPLOYEE reaffirms the Non-Solicitation obligation contained in his EMPLOYMENT AGREEMENT. Nothing herein, including the confidentiality and non-disparagement provisions, shall be construed to limit EMPLOYEE’S right to (1) respond accurately and fully to any question, inquiry or request for information when required by legal process or (2) disclose information to regulatory bodies. EMPLOYEE is not required to contact the COMPANY before engaging in such communications. EMPLOYEE agrees that he will use his best efforts to cooperate with the COMPANY and its counsel and to be available to provide such truthful testimony and other information at such times as are reasonably requested of EMPLOYEE.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: provides that dealers who violate the statute are subject to civil penalties. The statute does not void transactions that violate the statute. See, e.g., Royal Indem. Ins. Co. v. Shue, 134 Ind.App. 322, 327, 182 N.E.2d 796, 799 (1962) ("Failure to strictly comply with title conveyancing statutes does not affect transfer of ownership of a motor vehicle. The certificate of title is not of itself proof of ownership or legal title to the vehicle.") Although the failure to comply with Ind.Code § 9-17-8-8 may, combined with other suspicious cireumstances, raise questions about a purchaser's good faith, we find no such cireumstances here. Consequently, the Medleys were good faith purchasers for value pursuant to Ind. Code § 26-1-2-403. See, e.g., DBC Capital Fund, 551 N.E.2d at 477 (<HOLDING>). Lastly, Marlow also argues that the Medleys Options: A. holding that a purchaser may be a buyer in the ordinary course and defeat a security interest even if no insistence that the mso accompany delivery B. holding that purchaser of used car from dealer was buyer in ordinary course under sections 9307 and 2403 even though lender still held certificate of title C. holding that purchaser was buyer in the ordinary course despite fact that lender still held mso D. holding that where no evidence was designated to show that a car buyer knew that a sale violated the rights of the dealership that owned the car the buyers were buyers in the ordinary course of business for purposes of indcode 26112019 E. holding that a purchaser of a vehicle was a buyer in the ordinary course of business even though the car dealer did not provide the certificate of title at the time of the sale

assistant: The best answer is E. holding that a purchaser of a vehicle was a buyer in the ordinary course of business even though the car dealer did not provide the certificate of title at the time of the sale
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, [fifty percent (50%)] of the Award shall vest based on continued employment with the Company (the “ Time-Based RSUs ”) and [fifty percent (50%)] of the Award shall vest based on continued employment with the Company and the achievement of specified performance criteria described herein (the “ Performance-Based RSUs ”). Each day on which a portion of the Award vests in accordance with this Agreement is referred to as a “ Vesting Date ”.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The validity, construction and effect of this Agreement and any rules and regulations relating to this Agreement shall be determined in accordance with the laws of the State of Delaware, unless preempted by Federal law, and also, consistent with paragraph 17, in accordance with Section 409A of the Code and any interpretive authorities promulgated thereunder.

assistant: Applicable 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: In consideration of Executive’s full and faithful satisfaction of Executive’s duties under this Agreement, the Company agrees to pay to Executive a salary in the amount of two hundred thousand dollars ($200,000) per annum (the “Base Salary”), payable in accordance with the current regular payroll practices of the Company. This means that Executive will be paid his base salary on a semi-monthly basis on the 15th (the “First Payday”) and the last day of each month (the “Second Payday”). If the First Payday falls on a holiday or a day outside the regular workweek, then Executive will be paid on the business day immediately prior to the First Payday, and if the Second Payday falls on a holiday or a day outside the regular workweek, then Executive will be paid on the business day immediately prior to the Second Payday. The Company reserves the right to modify its payroll practices and payroll schedule at its sole discretion. The Base Salary shall be reviewed on an annual basis by the Board and adjusted at the Board’s sole discretion; provided, however, in no event shall the Base Salary be reduced without Executive’s approval.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective on January 1, 2014 and shall remain in effect for *. Thereafter, this Agreement shall continue until terminated by either Party upon no less than sixty (60) days prior written notice, provided that such termination shall have no effect with respect to any Confirmed Orders entered into prior to the effectiveness of such termination.

assistant: Terms
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: a reasonable officer could have concluded that impoundment of the motorcycle was lawful based on the CaLVeh. Code. “If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate”. Saucier, 121 S.Ct. at 2156-57 (citing Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986) (qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law”)). The only issue that is contested is whether Officer Faulk was acting out of personal animus towards Plaintiff. However, this dispute is over Officer Faulk’s subjective intentions, which is irrelevant in determining whether qualified immunity applies. See Act Up!/Portland v. Bagley, 988 F.2d 868, 873 (1993) (<HOLDING>). The only question the Court must decide is Options: A. holding that the qualified immunity determination does not entail an inquiry into the officers subjective intentions merely his knowledge B. holding that defendants are not entitled to qualified immunity C. holding that qualified immunity is not merely immunity from damages but also immunity from suit D. holding that reasonableness for qualified immunity purposes requires an objective inquiry into the totality of the circumstances E. holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim

assistant: The best answer is A. holding that the qualified immunity determination does not entail an inquiry into the officers subjective intentions merely his knowledge
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 consolidated and consolidating balance sheets, and related statements of income, cash flow and shareholder’s equity, of Holdings, Borrower and Subsidiaries that have been and are hereafter delivered to Agent and Lenders, are prepared in accordance with GAAP, and fairly present in all material respects, the financial positions and results of operations of Holdings, Borrower and Subsidiaries at the dates and for the periods indicated. All projections delivered from time to time to Agent and Lenders have been prepared in good faith, based on reasonable assumptions in light of the circumstances at such time. Since December 31, 2016, there has been no change in the condition, financial or otherwise, of Borrower or any Subsidiary that could reasonably be expected to have a Material Adverse Effect. No financial statement delivered to Agent or Lenders at any time contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make such statement not materially misleading. Borrower and its Subsidiaries are Solvent on a consolidated basis.

assistant: Financial Statements
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: no such refunds will apply to subsequent renewals of the yearly and two year subscriptions or subscriptions purchased through the apple itunes store or our iphone application , or the google play store or our android application .

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 Borrower will, and will cause the Company and each of their respective Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, except for ordinary wear and tear and casualty and condemnation events that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, and (b) maintain (either directly or indirectly by causing its tenants to maintain), with financially sound and reputable insurance companies (or through self-insurance provisions), insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations.

assistant: Insurances
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: Tex. R. Evid. 803(4). 11 . See id.; see also Berman v. State, No. 02-12-00119-CR, 2014 WL 2145592, at *5 (Tex.App.-Fort Worth Aug. 20, 2014, pet, ref’d). 12 . See De la Paz, 279 S.W.3d at 344. 13 . Hawkins v. State, 135 S.W.3d 72, 76-77 (Tex.Crim.App.2004). 14 . Id. (citation and internal quotation marks omitted); see also Simpson v. State, 119 S.W.3d 262, 272 (Tex.Crim.App.2003), cert. denied, 542 U.S. 905, 124 S.Ct. 2837, 159 L.Ed.2d 270 (2004). 15 . Hawkins, 135 S.W.3d at 77; Mosley v. State, 983 S.W.2d 249, 259 (Tex.Crim.App.1998) (op. on reh'g), cert. denied, 526 U.S. 1070, 119 S.Ct. 1466, 143 L.Ed.2d 550 (1999). 16 . See Martines v. State, 371 S.W.3d 232, 251 (Tex.App.-Houston [1st Dist.] June 23, 2011, no pet.). 17 . See Nichols v. State, 378 S.W.2d 335, 337 (Tex.Crim.App.1964) (<HOLDING>). 18 . Nethery v. State, 692 S.W.2d 686, 700 Options: A. holding that a judges comment on the issues in the case although not technically correct could be cured by instruction B. holding that asking whether witness had taken lie detector test was error that could not be cured by instruction C. holding that potential prejudice can be cured by an appropriate iimiting instruction D. holding almost any improper argument may be cured by an instruction to disregard E. holding improper admission of extrinsic evidence may be cured by adequate limiting instruction

assistant: The best answer is B. holding that asking whether witness had taken lie detector test was error that could not be cured by instruction
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: we may take any of these actions at any time , and when we do , we will try to notify you beforehand , but this wo n't always be possible .

assistant: Unilateral change
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 irrevocably to submit to the exclusive jurisdiction of the federal courts or, if no federal jurisdiction exists, the state courts, located in New York City, New York, for the purposes of any suit, action or other proceeding brought by any party arising out of any breach of any of the provisions of this Agreement and hereby waive, and agree not to assert by way of motion, as a defense or otherwise, in any such suit, action, or proceeding, any claim that it is not personally subject to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, that the venue of the suit, action or proceeding is improper, or that the provisions of this Agreement may not be enforced in or by such courts. Each party is individually responsible for its own legal fees and expenses regardless of the disposition of any suit, action, proceeding or claim.

assistant: Venues
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: After giving effect to the execution and delivery of the Loan Documents, the making of any Loans under this Agreement, the consummation of all transactions contemplated by such Loan Documents, the Borrower and its Subsidiaries on a consolidated basis are Solvent.

assistant: Solvency
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: court’s interim order and the entirety of its findings of fact and conclusions of law. 1 . See Johnson v. Johnson, 836 P.2d 930, 933 (Alaska 1992); Burrell v. Burrell, 537 P.2d 1, 7 (Alaska 1975). 2 . See Ulsher v. Ulsher, 867 P.2d 819, 821 (Alaska 1994). 3 . See Monette v. Hoff, 958 P.2d 434, 436-37 (Alaska 1998); Vachon v. Pugliese, 931 P.2d 371, 375 (Alaska 1996); J.F.E. v. J.A.S., 930 P.2d 409, 411 (Alaska 1996). 4 . See Lewis v. Lewis, 785 P.2d 550, 552 (Alaska 1990). 5 . See Burrell, 537 P.2d at 7. 6 . See Vachon, 931 P.2d at 375. 7 . See Kowalski v. Kowalski, 806 P.2d 1368, 1370 (Alaska 1991). 8 . See Alaska R. Civ. P. 52(a) (requiring trial courts to make findings in support of their decisions in non-jury cases); see also Duffus v. Duffus, 932 P.2d 777, 779 (Alaska 1997) (<HOLDING>); Bird v. Starkey, 914 P.2d 1246, 1249 (Alaska Options: A. holding it improper to independently review the record to find support for a trial courts decision so long as it is unclear whether the trial court considered statutory factors B. holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts C. holding that wjhile trial courts are encouraged to state all findings in their written child custody orders they are not required to do so as long as the basis for their decisions is clear from the record and thus susceptible to review D. holding that that choices as to selection and arrangement are entitled to copyright protection only so long as they are made independently E. holding that even though defendants response does not affirmatively state in the document itself that they are competent to testify as to the facts to which they swore does not necessarily doom their testimony so long as the record taken as a whole demonstrates that their testimony meets the requirements of rule 56

assistant: The best answer is C. holding that wjhile trial courts are encouraged to state all findings in their written child custody orders they are not required to do so as long as the basis for their decisions is clear from the record and thus susceptible to review
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: be severely compromised. Indeed, the very foundation on which the mediation process is based would be broken. Parties would no longer be able to confide in the mediator, knowing that their “confidential remarks” to the neutral and impartial third party could later be used against them by the same individual, who is now wearing the hat of “lawyer/adversary” at trial. MQAP 94-002 (January 19, 1995). In a similar MQAP opinion, one more closely aligned with the facts in this case, the panel opined, “it is inappropriate for the mediator to represent either party in any dissolution proceeding or in any matter arising out of the subject mediation.” MQAP 94-003. Other courts are in accord with the panel’s reasoning. See McKenzie Constr. v. St. Croix Storage Corp., 961 F.Supp. 857 (D.Vi.1997)(<HOLDING>); Poly Software Int'l, Inc. v. Su, 880 F.Supp. Options: A. holding that plaintiffs law firm was subject to disqualifica tion when after unsuccessful mediation the plaintiffs firm hired the mediator appointed to settle the case B. holding that law firm who was plaintiffs adversary in foreclosure proceeding owed no duty to plaintiffs as law firm could not have expected that plaintiffs would rely on law firms representations about payoff amounts C. holding that where law firm had reason to believe that the information provided to it by the company was materially different from the truth firm could not escape liability merely by stating that its opinion was based solely on information provided to it D. holding that the plaintiffs met their burden by highlighting the experience and qualifications of plaintiffs counsels firm and the firms long history of practice in this area of law E. holding that a firm offer under the fcra really means a firm offer if you meet certain criteria

assistant: The best answer is A. holding that plaintiffs law firm was subject to disqualifica tion when after unsuccessful mediation the plaintiffs firm hired the mediator appointed to settle the case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Company or the Administrative Agent, sell participations to any Person (other than a natural Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural Person), a Defaulting Lender or the Company or any of the Company’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations, Swing Line Loans and/or Dutch Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Company, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: UNLESS EXPRESSLY PROVIDED IN ANY LOAN DOCUMENT, THIS AGREEMENT AND ALL CLAIMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW PRINCIPLES EXCEPT FEDERAL LAWS RELATING TO NATIONAL BANKS.

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: Borrowers (a) will deliver to Agent, with copies to each Lender, each of the financial statements, reports, and other items set forth on Schedule 5.1 to this Agreement no later than the times specified therein, (b) agree that no Subsidiary of a Loan Party will have a fiscal year different from that of Administrative Borrower, (c) agree to maintain a system of accounting that enables Borrowers to produce financial statements in accordance with GAAP, and (d) agree that they will, and will cause each other Loan Party to, (i) keep a reporting system that shows all additions, sales, claims, returns, and allowances with respect to their and their Subsidiaries' sales, and (ii) maintain their billing systems and practices (other than modifications to the tools and processes used to manage their billing systems and practices) substantially as in effect as of the Closing Date and shall only make material modifications thereto with prior written notice to Agent.

assistant: Financial Statements
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 be effective, notices required under this Lease must be in writing and must either be: (a) personally served (deemed received on receipt or refusal of delivery); (b) delivered by a nationally recognized "next business day" express delivery service (deemed received the next business day after posting); (c) posted by certified United States Mail, postage prepaid, return receipt requested (deemed received three business days after posting); or (d) delivered via electronic mail (deemed received on receipt of transmission), provided, however, that if such communication is given via electronic mail, an original counterpart of such communication shall concurrently be sent in either manner specified above. Each document shall be addressed/transmitted as set out in the Lease Term Sheet or at such other address as may from time to time be designated in writing in accordance with this Subsection.

assistant: Notices